English Language Testing Ltd’s Terms and Conditions for taking a Password test
Do not access the Password tests purchased (using the supplied logins and passwords) until you have read, understood and agreed to be bound by these “Terms And Conditions For The Use Of Password Tests”. Any access of Password tests will be deemed to be your acceptance of the terms. Acceptance shall bind you and all of your organisation’s employees, agents, partners and contractors (Agents) that you allow to access Password tests to these terms and conditions.
The organisation purchasing any of the suite of Password tests (the Password Partner or Partner) agrees to abide by the following terms and conditions, and to ensure agreement by their permitted Agents, when using the Password testing system to administer (deliver) Password tests to test takers. Failure by the Partner or any of their Agents to comply with these terms and conditions may result, at the sole discretion of English Language Testing Ltd (ELT), in the withdrawal of a Partner’s access to Password tests and/ or test results by ELT. This withdrawal may be temporary or permanent and no refunds of unused tests will be made.
- The Partner shall appoint a member of staff to be their nominated Password contact. ELT and/ or their authorised distributor will only issue logins and passwords, software and information concerning Password tests to this person.
- Password tests are to be administered to assess current or prospective students or employees of the Partner, and not for assessing current or prospective students or employees of a third party or the general public.
- Password tests containing reading, listening or speaking skills modules shall be administered by employees (not other Agents) of the Partner, unless written authorisation otherwise has been given in advance by ELT or the modules form part of a Password test clearly identified by ELT for unsupervised use (Password Practice, Solo and Distance Learning tests). The Partner may allow all Agents to administer other Password tests (those containing only language knowledge, writing and maths modules) on their behalf. The Partner is responsible for their Agents being informed of these terms and conditions and ensuring their compliance with them as if the Partner.
- The Partner and their permitted Agents shall administer all Password tests save Password Practice, Solo and Password Distance Learning tests in accordance to the latest “Procedures for the Delivery of Password Tests – Partners” (save those parts related to PCs in the case of paper based Password tests) as issued by ELT. In particular all tests shall be properly invigilated, cheating shall not be allowed or supported, appropriate identity checks properly conducted and there shall be no unwarranted repeat testing. Should the Partner choose to mark the scripts from any writing and/ or speaking skills modules purchased they shall ensure that this is done honestly and to the best of the ability of suitable skilled and trained markers.
- The Partner and their permitted Agents may allow test takers to take a Password Practice, Solo or Distance Learning test without any Agent present. The Partner shall make all reasonable endeavours to ensure that the test taker receives no help or assistance (in any form including but not limited to human, paper, telephone, electronic devices and computer based) whilst taking the Password Practice, Solo or Distance Learning test and ensure that the test taker undertakes to abide to this condition.
- The Partner and their permitted Agents shall provide every reasonable security provision to safeguard the integrity of the Password tests and results and in particular Password test questions and answers which shall not be captured or recorded in any way. The Partner and/ or permitted Agent shall report to ELT any breaches, or suspected breaches, of security. The Partner and/ or permitted Agent shall comply with all reasonable requests from ELT to investigate breaches, or suspected breaches, of security.
- The Partner and their permitted Agents shall take all reasonable measures to ensure the accuracy of Password test scores from tests for which they are responsible and shall not modify or attempt to modify or misrepresent any Password certificate or score.
- When the Password test is paper based:
- References to a Password paper based test include the test answer key.
- Neither the Partner nor their permitted Agents shall print or copy any Password paper based test in any way (including but not limited to printing, photocopying, writing, photographing or scanning) save as agreed in advance with and allowed by ELT.
- The Partner shall ensure that all copies of the Password paper based test, and in particular the test questions and answers and answer key, are rendered unreadable after use by use of a paper shredding machine, or if agreed with ELT, return of these to ELT.
- If the test answer sheets are returned to ELT for marking this return shall be paid for by the partner and is at the risk of the Partner.
- The Partner and their permitted Agents shall ensure that no Password tests (save paper based tests) are taken whenever the Partner has been notified that maintenance work is being carried out on ELT’s Password test delivery system.
- The Partner and their permitted Agents shall ensure that Password tests (save paper based tests) are taken using a personal computer with a hardware and software specification and Internet connection and other equipment as given in the latest “Procedures for the Delivery of Password Tests – Partners” as issued by ELT. All computers used to take Password tests shall have legitimate operating system software and anti-virus software installed (which shall be run at regular intervals).
- The Partner may charge their permitted Agents for allowing the Agent to administer a Password test on the Partner’s behalf. The Partner or their permitted Agents may charge the test taker for taking a Password test. Password tests must not be resold to another party (for the other party to administer) by the Partner or their Agents.
- For the avoidance of doubt, the Partner and their permitted Agents acknowledges that copyright and other intellectual property in the materials and services provided by ELT including but not limited to Password tests belong to ELT and/ or have been licensed to ELT. The Partner and their permitted Agents shall not obtain or acquire any rights in respect of these or any other intellectual property rights of ELT or in the goodwill associated therewith.
- The Partner and their permitted Agents acknowledge that ELT is the owner of the ELT’s trade marks and shall not do anything which diminishes the rights of ELT in ELT’s trade marks or claim any title in ELT’s trade marks. The Partner and their permitted Agents shall not use (or apply to register as trade marks) ELT’s trade marks or any other trade marks which (in the sole opinion of ELT) so resemble the ELT’s trade marks as to be likely to cause confusion or deception in relation to any goods or services.
- The Partner agrees that ELT may name the Partner on ELT’s web site as a user of Password tests.
- Except in the case of death or personal injury caused by negligence, fraudulent misrepresentation or in other circumstances where liability may not be so limited, the total liability of ELT to the Partner however arising shall not exceed the sum of £5,000.00. If this limitation is adjudged to be unreasonable in the circumstances the limit of ELT’s liability shall be increased to the amount ELT can recover from its insurer for direct loss. ELT shall not be liable for any loss of profit, use, anticipated savings, goodwill, reputation or opportunity, or other economic loss, whether direct or indirect, or any consequential or indirect loss or damage, costs or expenses.
- These terms and conditions and all disputes and claims arising out of or in connection with them shall be governed by and construed in accordance with English law and the exclusive jurisdiction of the English Courts.