Welcome to MyExams, a cloud-based Remote Proctoring system designed for individuals involved in exam delivery, educational institutions, and global awarding organisations.
The Website is operated by VICTVS Ltd, a private limited company registered in England with number 08710756 whose registered office is at Castleton Mill, Castleton Close, Leeds, LS12 2DS (“we” or “us” or “our”). Our VAT number is GB203955613. These Customer Terms apply to all Customers who access or use the Service.
You may connect to the Service using an Internet browser or mobile device that is supported by the Service. You are responsible for obtaining access to the Internet and any equipment necessary to use the Service.
The person signing up for an account will be automatically assigned as an administrator (“Administrator”), the Customer contact who has day to day responsibility for the Customer account. Your account is only for use by either a single legal entity (e.g. a company or a partnership) or an individual user. You must provide the Customer legal full name, address, a valid email address, and any other information requested in order to complete the signup process. The Customer acknowledges that, if the Customer allows a third party to open an account on their behalf or designates any of the third party's personnel as Super Administrators of the Customer's account, the third party will be able to control account information, including Customer Data, and access to the Customer's account.
You may invite users to access your account (“Users”) by inviting them to register as a User. You confirm that all Users are 16 years old or older.
You must not upload or enter any personal data, revealing: (i) racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; (ii) data concerning health or sex life or sexual orientation; or (iii) genetic data or biometric data, (“Sensitive Personal Data”) into the Service, without having received written consent from the individual concerned.
Use of your account shall commence after signup and shall continue until terminated by either party in accordance with the provisions of these Customer Terms.
You are responsible for ensuring that all contact, email and name details used in connection with the Service are accurate and current during the term of this agreement. The Super Administrators control the day-to-day administration of the Customer account. The Super Administrators can cancel access to the Service, enable or disable third party integrations, manage permissions and export settings. These actions may result in changes to the access, use, disclosure, modification or deletion of certain or all Customer Data.
Invited Users may access the Service and submit content or information (“Customer Data”) subject to the provisions of these Customer Terms. You shall ensure that all Users comply with these Customer Terms and you shall be liable for any breaches of the Customer Terms caused by any acts or omissions of Users as if the Customer had carried out such acts or omissions itself.
Users are not permitted to share their username and password with any other person nor with multiple users on a network.
You are responsible for all activities that occur in your account. You will immediately notify us if you become aware of any unauthorised use of your account, passwords or any breach of security. Where a User misuses your Account you are responsible for taking any remedial action to protect your account. The Customer may request our help in providing audit activity to help ascertain any breaches. We shall act with reasonable care in providing audit assistance but shall have no liability for any loss or damage arising as a result of providing such audit assistance.
If a person proven to be acting on behalf of the Customer asks us to replace a Super Administrator we will only make the change if there is only one Super Administrator on the Account and/or we are lawfully obliged to do so (i.e. by court order, or if requested by the Customer in circumstances where the Super Administrator cannot make the change such as in the event of their death). In such circumstances, we will require acceptable evidence of the Super Administrator’s inability to make the change.
You own all content and data you add to your account and you retain sole ownership of all rights, title and interest in, and to, your Customer Data. You have the sole responsibility for the legality, reliability, integrity, accuracy and quality of your Customer Data.
You grant us the perpetual right to use Customer Data in an anonymised format.
We have no responsibility for the way in which you choose to use your account to store or process your Customer Data.
Credit card payments
For monthly paying accounts, the Customer agrees to provide us with a valid payment card and authorise us to deduct payments of the current monthly fees as published on our Website. The payment card must be registered in the Customer’s name. Payment cards and payments are subject to validation and authorisation checks of the card issuer.
If you sign up for a monthly fee-paying account on a 30-day trial basis and do not cancel that account within 30 days of signup, the Service shall continue until cancelled or terminated and you shall be liable to pay monthly fees for the account. The Customer will be billed monthly in advance on or around the 30th day after your account was created. There will be no refund or credit for partial months of Service. Fees are chargeable and shall be payable until an account is terminated or cancelled, even if you never use the Service.
Where you sign up for an annual Customer account, the Service shall continue on an annually renewing subscription term until cancelled or terminated and you shall be liable to pay annual fees for the account.
Customers will be billed annually, and payment of all fees is due within 30 days of the date of all invoices. There will be no refund or credit for any part of a subscription term. Fees are chargeable and shall be payable until an account is terminated or cancelled, even if you never use the Service.
We shall be permitted to audit all use of the Service to check compliance with the pre-agreed number of Users permitted under the agreement. If the number of Users exceeds the number permitted, we have the right to invoice you extra fees for the additional subscriptions on a prorated basis for the remainder of the current term.
You may request a downgrade to a different plan effective from the annual renewal of the current term, by contacting us by email at firstname.lastname@example.org.
You are not required to provide payment card details for a free account. If you upgrade from a free account to a fee-paying account there is no trial period. You will be charged for the first month immediately following any such upgrade.
If you downgrade your account then you may lose content, features or capacity. We do not accept any liability whatsoever for such losses.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on use of the Service and such amounts shall be the responsibility of, and payable by, the Customer.
If the Customer’s place of business is within the UK we will add UK VAT to our fees at the then current rate.
If your place of business is in a territory where we are obliged to charge taxes than these will be added to your invoice in place of VAT.
Only the Customer can ask us to lock all access to their account.
We reserve the right to suspend access to your account if you fail to provide valid payment card details that enable us to charge the full amount of any outstanding fees and charges due, or you fail to pay us any sums owed for the Service for any reason within 30 days of the due date for payment. We will provide your Super Administrator with prior notice by email of our intention to suspend your Customer account but if payment remains outstanding for a further 14 days thereafter, we reserve the right to suspend your account without further notice. If, within 60 days of suspending your Customer account, the amount of any outstanding fees and charges is not paid to us in full, your Customer account will be cancelled, and we may take action to recover the outstanding matter through legal means or the use of a debt collection agency. In this case we will also charge you interest at a rate of 5% above the Bank of England base rate from the date the debt became due, and for any charges incurred as a result of this debt recovery.
We may, at our total discretion, terminate these Customer Terms immediately by giving you written notice if you or a User commit any breach of these Customer Terms. We may terminate these Customer Terms for any other reason upon giving you 30 days written notice.
Termination of these Customer Terms for any reason shall not affect the accrued rights of the parties arising under these Customer Terms and all rights which by their nature should survive the expiry or termination of these Customer Terms shall remain in full force and effect.
Your Super Administrator may cancel your Customer account with immediate effect by clicking the ‘Cancel Account’ link from within your account settings page. Your recurring billing schedule will be ended upon cancellation. All fees relating to the period up to the effective date of cancellation remain payable, where not already paid and no refund of any fees for the full subscription term shall be made. If you reactivate an Account after cancellation or suspension, you will be billed in accordance with the original billing cycle.
Except for paying accounts, we reserve the right to cancel and delete your account if you have not accessed the Service for more than 3 consecutive months. We will provide prior notice by email to the Super Administrator before we do so. Each account will be considered as an independent and separate account for the purpose of calculating the inactive period.
When an account is terminated or cancelled, the account and any content left behind in the account will be made inaccessible. For a period of 14 days after any account has been cancelled you may request that we restore your account. After this period, your account and all Customer Data contained within it will be permanently deleted and the agreement between us as set out in these Customer Terms will automatically terminate. Please be aware that partial data may reside in our backup and/or archive systems for a period of up to 50 days.
Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.
To the extent that personal data is processed by us on your behalf when you or Users use the Service, you acknowledge that we are a Data Processor, and the Customer is a Data Controller. The terms of the Data Processing Agreement shall apply to all Customer Data that we process on your behalf.
If a third party alleges infringement of its data protection rights, we shall be obliged to take measures necessary to prevent the infringement of a third party’s rights from continuing.
We will endeavour to make the Website and Service available to the Customer and Users 24/7, however we shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.
We may suspend access to your account temporarily and without notice in the case of system failure, maintenance or repair or due to a Force Majeure Event (defined below).
We will provide technical support to you via the MyExams Support Portal, by email, and by telephone. Technical support will only be provided for bugs or errors that are reproducible by us. You agree to provide us with full and accurate details of all bugs and errors, on request. You acknowledge that we provide no warranty that all or any bugs or errors will be corrected.
Neither our staff nor our third-party service partners have access to any user passwords and cannot access your Account or Data unless they are contacted by a Super Administrator requesting assistance in using or setting up their account or their Customer Data.
All intellectual property rights and title to the Service and materials on the Website, including without limitation photographs and graphical images (save to the extent they incorporate any Customer data or third party owned item) shall remain owned by us and our licensors and no interest or ownership in the Service or Website is transferred to the Customer. Nothing in these Customer Terms shall be construed to mean, by inference or otherwise, that the Customer has any right to obtain source code for the software comprised within the Service or Website.
No part of the Website or Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
When using the Service, Customers are encouraged to provide us with their feedback, suggestions or ideas for changes to the Service (“Feedback”). The Customer assigns to us all rights, titles and interest in any Feedback. If for any reason such assignment is ineffective, the Customer shall grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such feedback without restriction.
We may take and maintain technical precautions to protect the Service and Website from improper or unauthorised use, distribution or copying.
The Customer is prohibited from posting or transmitting to or from the Website and/or the Service any material:
The material on the Website and the Service is provided "as is", without any conditions, warranties or other terms of any kind. While we endeavour to ensure that the information provided on the Website and the information provided in connection with the Service is correct, we do not warrant the accuracy and completeness of such material. We may make changes to the material on the Website or to the Service, or to the products and prices described on the Website, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
We may share information about our future product plans with you from time to time. Please note that any public statement about our product plans is an expression of intent and should not be relied upon when purchasing the Service. Any decision to purchase the Service should be based on the functionality or features we have made available today and not on the future delivery of any functionality or features.
You warrant and represent that:
We do not exclude or limit our liability to you for fraud, death or personal injury caused by any negligent act, omission, or wilful misconduct by us in connection with the provision of the Website or Service, or any liability which cannot be excluded or limited under applicable law.
In no event shall we be liable to you whether arising under these Customer Terms or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any indirect or consequential loss or damage which shall include but not be limited to pure economic loss, losses incurred by any client of yours or other third party, loss of profits (whether categorised as direct or indirect loss), losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, wasted management or staff time, loss or corruption of data, or inability to use or the results of use of the Website or Service, any websites linked to the Website or the material on such websites.
You acknowledge and agree our total liability to you (whether in contract, tort or otherwise) under or in connection with the provision of the Website or Service under these Customer Terms including any claim for indemnity or contribution shall not exceed one hundred (100) per cent of the total amount (excluding any VAT, duty, sales or similar taxes) paid by you to us during the preceding twelve (12) month period.
The Customer shall defend, indemnify and hold us and our employees, sub-contractors or agents harmless from and against any costs, losses, liabilities and expenses, including reasonable legal costs arising from any claim relating to or resulting directly or indirectly from:
Each party may disclose the confidential information of the other party to those of its employees and agents who have a need to know the confidential information for the purposes of these Customer Terms but only if the employee or agent is bound by confidentiality undertakings equivalent to those set out in these Terms.
Each party may disclose the confidential information of the other party to those of its employees and agents who have a need to know the confidential information for the purposes of these Customer Terms but only if the employee or agent executes a confidentiality undertaking equivalent to those set out in these Terms.
The obligations of confidentiality under these Customer Terms do not extend to information that: (i) was rightfully in the possession of the receiving party before the commencement of these Customer Terms; (ii) is or becomes public knowledge (otherwise than as a result of a breach of these Customer Terms; or (iii) is required by law to be disclosed.
You may not transfer, assign, charge or otherwise dispose of these Customer Terms or any of your rights or obligations arising hereunder, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of these Customer Terms, or any of our rights or obligations arising hereunder, at any time.
The parties are independent contractors and nothing in these Customer Terms will be construed as creating an employer-employee relationship or a partnership between us.
We will communicate with you in English only.
All notices from you must be given to us by email at email@example.com or by recorded delivery to Castleton Mill, Castleton Close, Leeds, LS12 2DS. Unless explicitly stated otherwise in these Customer Terms we shall give all notices to you by email to the email address of the Super Administrator. Notices shall be deemed received and properly served 24 hours after an e-mail is sent, or for postal letters on receipt.
New features in the Service, including new tools and resources, will be subject to these Customer Terms.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to: (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; (iv) impossibility of the use of public or private telecommunications networks; (v) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations shall be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to an end or to find a solution by which our obligations under these Customer Terms may be performed despite the Force Majeure Event.
Should a provision of these Customer Terms be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
These Customer Terms, together with all documents referred to in them constitute the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations and discussions between the parties relating to the subject matter thereof.
Nothing contained in these Customer Terms is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or any other similar law in any jurisdiction.
These Customer Terms shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under these Customer Terms.