Membership Terms and Conditions
1 MEMBERSHIP APPLICATIONS
1.1 Applications for membership will be considered by The Exams Office who have the right to refuse applications.
1.2 By submitting an application form via our website (www.theexamsoffice.org), the Member/school/college is deemed to have signed the application form and is liable for the membership fee of £245 (plus VAT) per year (or £125 plus VAT a year if a discount is applicable).
1.3 Once an application for membership is made, a return e-mail will confirm acceptance and instructions for activating membership
1.4 This return e-mail will also contain an invoice for payment, which must be paid within 14 days of the invoice date.
1.5 You may not transfer your membership rights to another person.
1.6 All information provided by you to us must be true and accurate at the point of applying.
2 MEMBERSHIP PAYMENTS, RENEWALS AND CANCELLATIONS
2.1 Membership is fixed for a period of one calendar year starting on the day you join. Membership will be activated at point of submission of the application but payment must be received within 14 days of receipt of the invoice - failure to do so will incur an additional charge of 10% of the membership fee per 14 day period of non-payment (i.e £9.50 additional charge per 14 days of non-payment).
2.2 Payment can be made by cheque, BACS or Direct Debit. If membership payment remains outstanding we will notify you by telephone, email or letter.
2.3 Payment details are:
- Cheques – Please make cheques payable to ‘ExamSOS Limited’ (which trades under the name 'The Exams Office') and include your invoice number, centre number and school name on the reverse
- BACS or Direct Debit – Our bank details are:
Sort code: 30-94-93
Account number: 54201960
Please add your invoice number and school name as a reference
2.4 As membership to The Exams Office is continuous (see section 7.2.1), an invoice will automatically be sent one month prior to renewal. Subscription payments not received by expiry of membership will result in the membership being considered lapsed and all access to the website and any other services will be suspended pending payment.
2.5 To cancel your membership you will need to notify us in writing stating a reason which will be recorded for internal use only. Refunds will be given at the discretion of The Exams Office, who reserve the right to refuse to pay a refund.
2.6 If a membership is cancelled within the first 3 months of membership, no refund will be given.
2.7 Refund of membership fee will be based on a pro-rata refund less an administrative fee of £50 (plus VAT). This administrative fee includes costs incurred due to additional invoicing, checking/amending databases, general administrative costs such as telephone, e-mail and hard copy correspondence and possible additional accounting amendments.
2.8 VAT number - 193952664
3 MEMBERSHIP LEVELS
3.1. All memberships belong to the organisation (school/college) and not the individual unless an individual is paying for the membership. Any dispute arising from this must be resolved by the member and their organisation.
4 MEMBERSHIP BENEFITS
4.1 Member benefits are only available if subscription payments are up to date.
4.2 Member benefits may change without notice.
5 TERMINATING MEMBERSHIP
5.1 The Exams Office reserves the right to withdraw membership or to prevent any Member from renewing membership. Any refund will be at the discretion of The Exams Office and be based on information contained in section 2 (Membership Payments, Renewals and Cancellations).
5.2 The Exams Office reserves the right to withdraw membership if the member is deemed to have misused the membership privileges (such as sharing login details with a non-member, or distribute materials without prior consent). In this case, no refund will be offered.
5.3 Members are not permitted to use The Exams Office's logo and/or name for the purposes of self-promotion on any of their organisational materials, including website. If this is the case, The Exams Office reserves the right to withdraw membership, and no refund will be offered.
5.4 Members are not permitted to use their membership status with The Exams Office for self-promotion. If this is the case, The Exams Office reserves the right to withdraw membership, and no refund will be offered.
5.5 If a member is found to have contravened the Terms and conditions stated in 5.4 and 5.5 above membership may be terminated by The Exams Office without prior warning
5.6 If The Exams Office decide to discontinue the website (www.theexamsoffice.org) or any other element of our service, or if you breach these Terms, we reserve the right to suspend or terminate access to the website and other elements of our service. A refund will be at the discretion of The Exams Office and based on information contained in section 2 (Membership Payments, Renewals and Cancellations).
6 LIABILITY DISCLAIMER
6.1 No Warranty. The Exams Office do not extend any express warranties or representations as to the quality and accuracy of the content, website or any other services provided, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. Without limiting the generality of the foregoing, we offer our service on an "as is basis" and (i) we do not accept responsibility for any use of or reliance on our website, content or any other services provided, or for any disruptions to or delay in the service; and (ii) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Service. Furthermore, The Exams Office does not guarantee the adequacy of any of our services or our website or compatibility thereof to your computer equipment and environment. The Exams Office does not warrant that our website, any of our services, its servers, or any emails which may be sent from The Exams Office are free of viruses or any other harmful components.
6.2 Limitation of Liability. The Exams Office limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss or corruption of, or damage to, data, systems or programs; or (vi) any indirect or consequential loss or damage howsoever caused, provided that nothing in these Terms will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are using the Service as a consumer, your mandatory, statutory consumer rights shall be unaffected.
6.3 Liability Cap. Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence) or otherwise is limited to the greater of (a) £100 for each claim or series of connected claims or in aggregate £200 for any number of incidents in any 12 month period, or (b) fees received from you in the 12 month period preceding the incident on which your claim is based.
6.4 No Liability or Endorsement for Third Party Services. The Exams Office may, from time to time, provide opportunities to users of our website and any other services provided to link to or buy services from third parties. Websites of those third parties may be subject to Terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. The Exams Office makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from The Exams Office.
6.5 Exclusive Remedy. If you are dissatisfied with any portion of the service provided by The Exams Office, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using our services and website. If you are a paying subscriber and you terminate for our breach or important cause after providing us with a 30 day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you, as outlined in section 2 (Membership Payments, Renewals and Cancellations).
7 ADDITIONAL GUEST OR SUBSCRIBING MEMBER TERMS
7.1. Registration and Security
7.1.1 As part of the registration process, you will select a subscriber name ("Username") and you will select a password. You must provide The Exams Office with accurate, complete and updated registration information. Failure to do so will result in breach of these Terms. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorisation; or (iii) use a name that is offensive to a reasonable person.
7.1.2 You must immediately notify us by regular mail or by email at firstname.lastname@example.org of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You are responsible for maintaining the confidentiality of your password. You should only reveal your password to any representative or agent of The Exams Office once they have confirmed your e-mail, centre number and date you started in your role.
7.1.3 You are responsible for all usage or activity on The Exams Office website via your password account. Distribution of your password to others for access to the website or any other services is expressly prohibited and shall constitute a breach of these Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
7.2. SUBSCRIBING, FEES AND PAYMENTS
7.2.1 Continuous Service Membership. The subscription is confirmed once you submit your membership application. You then have 14 days to forward your membership fee to The Exams Office via the payment methods listed in section 2. The acceptance of the contract by checking the box during the online subscription process has the same value as a handwritten signature. At the same time you complete the online subscription process you will be sent a confirmation/activation email recalling the Terms and conditions of your subscription, your username and password and your subscription will then commence. It is recommended that you keep this email and/or print it out. Subscriptions are continuous. This means that once you have become a subscribing member, you accept that your subscription will be automatically renewed from one period to the other. You will be sent an invoice prior to the end of your subscription. This must be paid by the date stated within the invoice. Failure to pay the invoice will terminate your subscription.
7.2.2 Withdrawal. Once your subscription has commenced, you can immediately access the service and consequently. If you wish to withdraw from this agreement and terminate your membership, please see section 5 of these Terms and Conditions.
7.2.3 Prices. The price of the service is expressed in the relevant local currency of the Website. Acceptable payment methods will be displayed at the time payment is made. Each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. Subscription prices may be changed by The Exams Office at any time and The Exams Office shall provide you with appropriate notice of any change in your subscription price prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual member communications.
8 COMMUNICATIONS BETWEEN THE EXAMS OFFICE AND YOU
8.1 We will send electronic mail to you or otherwise notify you for the purpose of informing you of changes or additions to our website or any other aspects of our service, or of any related products and services. You may opt out of commercial advertising and marketing emails at any time by clicking the unsubscribe link at the end of each such email. Please see our Website Privacy Statement for further information on how we manage and process your personal information.
9.1 We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms. These Terms are personal to you and, as a result, you may not without the written consent of The Exams Office assign or transfer any of your rights and obligations under these Terms.
9.2 If The Exams Office transfers ownership, all memberships will be transferred and honoured to the point of membership expiry
10 MODIFICATIONS TO THESE TERMS AND TO THE SERVICE
10.1 The Exams Office may modify these Terms (including any of the Terms incorporated by reference herein), our website, or any other services we provide at any time in order to take account of changes to user preferences, the internet economy, applicable laws and industry practices, or other reasons. Changes will be posted on our Website and members will be notified by email, postal mail or otherwise. With respect to any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt out of such changes for the remainder of their paid subscription (with the effect that we continue to apply the previous version of the Terms or allow the subscribers who are opting out to terminate early subject to a pro-rated refund of prepaid fees), if and as required by law. Continued use of the Service now or following posted notices of changes means that you have accepted and are bound by the changes.
10.2 These Terms and conditions may be revised from time to time. If they are revised, we will post or email the revised version to you. It will be your responsibility to keep up-to date with all such changes and your continued membership shall be deemed acceptance of any changes to these Terms and conditions.
11.1 These Terms and any disputes arising out of or relating to these Terms, the Service or the Website (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of the United Kingdom and subject to jurisdiction by United Kingdom courts.
11.2 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable. We can replace ay term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
11.3 Any failure by us to enforce any term of these Terms shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself.
11.4 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you or otherwise as a result of your use of theexamsoffice.org.
11.5 Official correspondence must be sent via postal mail to: The Exams Office, PO Box 6333, Warwick, CV34 9QF.
11.6 These Terms, including any Terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by The Exams Office.