Terms of service
The agreement between ExamLense and an institution that uses the platform.
The agreement
These terms are between ExamLense Technologies Ltd ("ExamLense") and the institution named in an order ("you"). Together with the order, the data processing agreement and the service levels, they are the whole agreement. Where a signed order says something different, the order prevails.
Candidates are not parties to this agreement. What applies to them is in the candidate terms and acceptable use.
The service
ExamLense provides identity verification, examination delivery, proctoring at the tier you choose for each examination, a review console and an audit log, as described on this site when you order. We may improve the service, and we will not materially reduce what a tier does during a term you have paid for.
Your accounts and your staff
You decide which of your staff hold accounts and what each may do, and you are responsible for what is done through them. Staff accounts require multi-factor authentication. Tell us at once if an account may have been misused.
Credits, invoices and tax
The service is paid for in advance with session credits, bought per tier. One credit is reserved when a candidate registers and used when the sitting starts. A reservation for a candidate who never sits is released when the examination window closes.
We issue an invoice for each purchase and credit your pool once payment is confirmed. ExamLense takes no payment through the platform or this website. Prices exclude Value Added Tax and the levies charged with it, which are added at the rate in force on the date of the invoice.
Credits that have been issued are not refundable except where we end the agreement without cause or the law requires a refund.
What you are responsible for
- Having a lawful basis to examine and monitor your candidates, telling them what will be collected, and obtaining any consent the law requires, including a parent’s or guardian’s for anyone under eighteen.
- The rules of each examination, the tier you choose, and how long evidence is kept.
- Every decision about a candidate. ExamLense supplies evidence and a reviewer’s finding; the outcome is yours.
- Offering a reasonable alternative to a candidate who cannot be examined this way.
Data protection
You are the data controller of your candidates’ data and ExamLense is your data processor, and the data processing agreement applies. Data is stored in the Amazon Web Services Europe (Ireland) region, eu-west-1.
Ownership
Your examination content, your candidates’ data and your records remain yours. The platform, its software and its documentation remain ours. Each of us may use the other’s name only as needed to perform this agreement, unless agreed in writing.
Confidentiality
Each of us keeps the other’s confidential information secret, uses it only for this agreement, and returns or deletes it when the agreement ends, except what the law requires to be kept.
Liability
Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything the law does not allow to be limited, and nothing removes a right given by the Electronic Transactions Act, 2008 (Act 772) or the Data Protection Act, 2012 (Act 843).
Subject to that, neither of us is liable for indirect or consequential loss, and the total liability of each of us in any twelve months is limited to the fees paid for the service in those twelve months.
Term and ending
The agreement runs from the first order until either of us ends it by thirty days’ written notice. Either of us may end it at once if the other commits a serious breach and does not put it right within fourteen days of being asked. We may suspend an account that is being used unlawfully or in a way that endangers the service or other institutions.
When the agreement ends you may export your records, and we then delete your data as the data processing agreement provides.
Law and disputes
This agreement is governed by the laws of the Republic of Ghana. We will each try in good faith to settle a dispute by discussion, and may agree to mediation under the Alternative Dispute Resolution Act, 2010 (Act 798). Failing that, the courts of Ghana have jurisdiction.
Changes and notices
We may change these terms by giving you thirty days’ notice. A change does not apply to credits already bought if it would be to your disadvantage. Notices to us go to admin@examlense.com or to 10 Duala Street, East Legon, Accra, Ghana.