Terms and conditions
General Sales Conditions
EXASSESS SAS with capital of 94,800 euros, head office: 115, rue Cardinet 75°17 PARIS - France - RCS PARIS 893 186 429 - VAT FR65893186429
Tél : +33 1 78 42 51 24 | Email, : contact@exassess.com
EXASSESS is an authorized representative for the distribution and support of VTest products and services in France, Switzerland, Belgium, Austria, Poland, Ireland, the Middle East, Morocco, Algeria and Tunisia, and French-speaking African countries.
The Burlington English Group is the publisher and owner of the VTest exams, the VTest platforms and all related documentation, files, data and intellectual property rights.
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General Terms and Conditions of Sale for Individual Customers - Online Sales
Article 1 - Purpose These General Terms and Conditions of Sale (GTC) define the terms and conditions under which ExAssess offers and provides Certification Services to individual clients.
The GTC apply without restriction or reservation to any test order by the individual client.
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Article 2 - Description of the Service
ExAssess sells and delivers the VTest Business English – 4 skills certification.
In cases where the certification is associated with a training course listed on the "mon compte formation" site, please register with a training organization using the VTest Business English – 4 Skills certification to be eligible for CPF funding.
You may also choose to order and take the VTest Business English – 4 skills test directly through this website. In this case, you will receive the VTest certification, and not the certification recognized in the specific directory of France Compétence.
Once your order is placed and paid for, you will receive an email invitation to take your VTest certification within a maximum of 4 hours. You will have a one-month period to take your certification without an appointment at: https://candidate.vtest.com/.
When taking the test, which is secure and certifying, you will be required to present your ID, validate the personal data management policy, and accept photo taking.
All control photos, as well as your ID, will be deleted within 48 hours following the delivery of your results and your official certificate.
Results will be delivered immediately or within 48 hours in case of quality control.
Article 3 - Ordering
The individual client is advised to read the GTC and check their order before validating it.
The client agrees to provide accurate and up-to-date data and to inform ExAssess promptly of any changes to this information. The information mentioned on the certificate will be those provided by the individual client at the time of the order. These data must correspond to the data on the ID, first and last name.
To order the VTest, the individual client proceeds to: "buy the test without training".
The individual client is then directed to the order form to enter their email address, first and last name, and banking details.
The individual client commits to providing accurate information. Providing false information makes it impossible for ExAssess to fulfill its obligations.
The individual client validates the acceptance of the GTC: "I accept the General Terms and Conditions of Sale and the Privacy Policy".
The individual client acknowledges that no refund will be made in the event of a poor connection or other difficulties related to the use of unsuitable equipment during the test (See the FAQ section of the website).
Following this reservation, the individual client will receive an email summarizing the order.
Article 4 - Withdrawal The individual client has a right of withdrawal which they can exercise within 14 (fourteen) days following the date of validation of the order for Services
The individual client agrees that the Services may begin before the end of the 14 (fourteen) day withdrawal period from their order.
In the event that the service has been consumed before the expiration of the 14 (fourteen) day period, the individual client will no longer be able to withdraw from this order.
To exercise their right of withdrawal, the individual client sends their request for withdrawal before the 14 (fourteen) day deadline by email to accounting@exassess.com with the following details:
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Name
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First Name
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Date of the order
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Amount paid
The refund will occur no later than 14 (fourteen) days following the date of the withdrawal request, and using the same payment method used for the order.
Article 5 - Financial Conditions Prices are stated in euros, including all taxes (TTC), on the Site.
ExAssess reserves the right to change the price at any time but commits to applying the rates in effect on the day the Services are ordered by the individual client without the possibility of a retroactive refund in case of a subsequent price reduction.
The Services are payable online at the time of the order.
Payment is made by credit card via the Stripe payment system, and according to its own general terms and conditions of sale and use (https://stripe.com/fr-us/legal/consumer).
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Article 6 - Liability
The VTest products and services or any other products distributed by ExAssess comply with current French legislation.
The VTest and ExAssess websites are provided "as is" and "as available". ExAssess and VTest make no warranties of any kind, express or implied, regarding the operation of the VTest or ExAssess platforms or the information, content, and services offered on or via the websites.
ExAssess cannot be held responsible for the functioning of the VTest website or the ExAssess application. In particular, the use of VTest or ExAssess may be interrupted at any time for reasons of maintenance, updates, or technical improvements, and/or to evolve its content or presentation. ExAssess will make every effort to inform users before VTest or ExAssess undergo maintenance or updates.
Subject to the paragraph below, ExAssess disclaims all liability for the non-functioning, unavailability, or unsatisfactory use conditions of the VTest or ExAssess site. This includes malfunctions due to defective or unsuitable equipment, difficulties affecting the internet service provider, disruption, or interruption of the Internet networks and/or any other reason beyond the reasonable control of the VTest or ExAssess site.
ExAssess will not be liable, contractually or in tort, to the extent permitted by applicable law, for any damages.
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Article 7 - Force Majeure
ExAssess shall not be held liable for delays in performing or for non-performance of a service due to reasons beyond its control, unforeseeable and irresistible events, or whose fault cannot be attributed to it.
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Article 8 - Data Protection
ExAssess as a subsequent processor and VTest as a processor ensure an appropriate and proportionate level of security to the risks incurred and their probability, in accordance with European Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR).
The manner in which ExAssess and VTest process the personal data of candidates is described in more detail in the Privacy Policy.
ExAssess and VTest take all appropriate security measures to protect the personal data of candidates. However, ExAssess and VTest cannot guarantee security on the Internet and cannot prevent the interception of data provided on the Internet and its subsequent use by a recipient to whom it was not intended.
Clients of ExAssess using VTest services will be declared as data controllers.
Article 9 - Intellectual Property
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Article 10 - Competent Jurisdiction
The language of this contract is French (originally). Any dispute relating to the interpretation and execution of these GTC shall be governed by French law. In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Paris.
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General Sales Conditions for Professionals
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Article 1 - Purpose
These terms and conditions govern the sale by EXASSESS of VTest products and services.
Article 2 - Prices
The prices of VTest products and services are indicated in euros or dollards excluding VAT.
ExAssess reserves the right to modify its prices at any time. However, the product will be invoiced on the basis of the rate in force at the time of validation of the order and subject to availability of the product or service.
In the event of an order to a country other than mainland France, you are the importer of the product(s) concerned, and are therefore responsible for paying any applicable taxes.
Article 3 - Orders
All orders by any means whatsoever imply acceptance of these terms and conditions without exception or reservation. Confirmation of orders constitutes signature and acceptance of the service and its conditions. The means of ordering are :
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Placement of a signed "order form" for a defined volume and products
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A duly signed "open order form". The consumption made by the customer on the VTest manager platform provided by ExAssess. Consumption refers to all tests or exams consumed by a candidate, regardless of the type of code used: assigned or anonymous. This information is available either on the Customer platform, or on the Test Center platform, depending on your profile, and the ExAssess App.
Article 4 - Payment
Validating your order implies the obligation to pay the indicated price. Payment for your purchases will be made on receipt of the invoice by bank transfer, and within a period not exceeding 30 days. Depending on the nature or amount of the Order, ExAssess is free to require a deposit or payment of the full price when the Order is placed.
In the event of total or partial non-payment of the Services by the date agreed on the invoice, the Customer shall pay EXASSESS a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation selected is the most recent at the date of the Order for Services.
In addition to late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs. The penalty payable by the Customer is calculated on the amount of the remaining sum due, inclusive of all taxes, and runs from the due date of the price without the need for any prior formal notice. In the event of non- compliance with the payment conditions described above, ExAssess reserves the right to cancel or suspend the sale, and any access to the customer platform.
Article 5 - Withdrawal
Closed orders" can be executed immediately upon receipt of the activation codes. Upon receipt of your activation codes, you waive your right of withdrawal. For open orders, ExAssess gives the customer access to the VTest manager platform, so the order is considered valid when the candidate uses the code. At this point, the test no longer benefits from the withdrawal period.
Article 6 - Liability
VTest products and services comply with current French legislation.
The VTest Site is provided "as is" and "as available". ExAssess and VTest make no warranties of any kind, express or implied, as to the operation of the VTest Site or the information, content and services offered on or through the Site.
ExAssess cannot be held responsible for the operation of the VTest Site. In particular, use of the VTest Site may be interrupted at any time for reasons of maintenance, updates or technical improvements, and/or to develop its content or presentation. Exassess will make every effort to inform users before VTest carries out maintenance work or updates.
Subject to the paragraph below, ExAssess declines all responsibility for the non-operation, unavailability or unsatisfactory conditions of use of the VTest site. This includes malfunctions resulting from defective or unsuitable hardware, difficulties affecting the Internet service provider, disruption or interruption of Internet networks and/or any other reasons beyond the reasonable control of the VTest site.
ExAssess shall not be liable in contract or tort and to the fullest extent permitted by applicable law for any damages.
Article 7 - Force majeure events
ExAssess can in no way be held responsible for delays in the execution or non-execution of a Service for reasons beyond its control, beyond its control, unforeseeable and irresistible, or whose fault cannot be attributed to it.
Article 8 - Data protection
ExAssess as a Sub-processor and VTest as a data-processor ensure a level of security that is appropriate and proportionate to the risks incurred as well as to their probability, in accordance with European Regulation n°2016/679, known as the General Data Protection Regulation (GDPR).
The way in which ExAssess and VTest process Candidates' personal data is described in greater detail in VTest's Privacy Policy.
ExAssess and VTest use their best efforts and take all appropriate security measures to protect candidates' personal data. However, ExAssess and VTest are unable to guarantee security on the Internet and cannot prevent the interception of data provided on the Internet and its subsequent use by a recipient for whom it was not intended.
The ExAssess customers using the VTest services will be declared as data controller.
Article 9 - Intellectual property
All elements of the vtest.com domain sites and the ExAssess website ane ExAsess App are and remain the exclusive intellectual property of their respective publishers. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound.
Article 10 - Communication
The Customer expressly authorizes ExAssess and VTest to mention its name, its logo and to mention as references the subscription to an order and any operation resulting from its application in all their commercial documents.
Article 11 - Competent court
The language of the present contract is French (originally). Any dispute relating to the interpretation and execution of these GTC shall be governed by French law. Failing amicable resolution, the dispute will be referred to the Paris Commercial Court.
Special Conditions of Sale for Professionals for open orders
Article 1 - Open orders - Definition
An open order is a duly signed order specifying the unit price of the products and services, and the validity period. Consumption of these products and services takes place on the VTest Manager platform with the Test Center profile.
A consumed test is a test started by the candidate, whether or not it has been completed.
Article 2 - Service description
ExAssess provides the customer with private access to a dedicated test center. For this, the customer specifies to ExAssess the full names, email addresses and functions of the persons authorized to operate the test center, who will be invited to connect via a secure login and password.
Training and support
As part of the service set-up, the customer will receive a one-hour online training course to get to grips with the test center platform. The customer also has access to a resource center (Knowledgebase) and to support services, either via the platform or via ExAssess supportvtest@exassess.com . Even after training, customers benefit from ongoing support from ExAssess. This support includes additional training sessions for new functionalities, project support, and any problems that may arise when managing candidates and assessments.
Users
The customer can create additional authorized users, create individual candidates or import them in bulk via a standardized Excel file, assign a test from the list of available tests and invite candidates by email to take the test, or generate anonymous codes to be sent to candidates to take the test, select the administration mode, add interviews, and access test results via Excel dashboards, or via certificates generated in PDF. Candidates will also be able to access results and certificates via the results platform (unless otherwise specified).
Consumption monitoring
The customer has access to monthly and annual consumption reports via an Excel file with details by product and service (tabs).
Billing
At the beginning of each month, between the 1ster and the 4th of the following month, ExAssess sends the customer an invoice for each product consumed at the rate indicated on the open order form.
Consumption limit
ExAssess will inform the customer from time to time of the credit limit it has set for the entire test allocation. Should the customer exceed the authorized limit, the customer may request ExAssess to increase the limit.
Validity of the VTest manager platform for the customer
ExAssess has the right to unilaterally delete the customer's account, as well as all recordings, at the end of a 12-month consultation period without any new tests having been carried out.
Co-Branding
As a test center, the VTest platform offers you the option of displaying your logo on the test platform and on the certificates. This option can be activated by ExAssess at your request.
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Labeling as an Authorized Testing Center
This designation is indicated either on the contract or on the quotation serving as a simplified contract.
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ExAssess is responsible for labeling these testing centers under various designations:
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Private Testing Center
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Public Testing Center
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Authorized Testing Center
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The Private Testing Center
An authorized testing center is an organization that has a private testing center contract and is tasked with administering VTest exams for its own candidates. The private testing center receives a private testing center certificate either for adults, for youth, or for both.
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The Public Testing Center
The public testing center is an organization that has a public testing center contract and is tasked with offering regular access to test sessions organized within its territory to a broad public and administering these sessions. The public testing center receives a public testing center certificate either for adults, for youth, or for both.
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The Authorized Testing Center
An authorized testing center is an organization that has an authorized testing center contract and is tasked with administering VTest exams, including certifying exams that might be accredited by specific bodies for its own candidates. The authorized testing center receives an authorized testing center certificate either for adults, for youth, or for both, which includes a mention of the certifying bodies.
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