Registration Terms and Conditions

Terms and Conditions

By accepting these terms and conditions, you certify that you are an authorised representative of the educational institution, Education Authority or Consortium listed in the Assessment Order (hereinafter referred to as the "Buyer"), and confirm that the Buyer has read, understood, and agrees to be bound by these Terms and Conditions (these "Terms").

Buyer's submission of an Assessment Order is an offer to buy assessment services (the "Services") from Durham University, as represented by the Centre for Evaluation and Monitoring (CEM) (hereinafter referred to as "us" or "our").

Only our formal acceptance of the Buyer's Assessment Order (as specified below for different Services) on these Terms will constitute acceptance of Buyer's offer (the "Acceptance of Offer"), at which point a contract will be made between us and Buyer:

Assessment Type Acceptance of Offer
• Primary Assessments (BASE, PIPS, ASPECTS or InCAS) • Despatch of Registration Confirmation Email to the email address provided in the Assessment Order.
• Secondary Assessments (MidYIS, Yellis, S1/S2 Baseline Assessments or S2 Curriculum- Based Assessments) • Despatch of Registration Confirmation Letter and/or Email to the address provided in the Assessment Order.
• Post-16 (Alis)

• Despatch of Registration Confirmation Email to the email address provided in the Assessment Order.

And / Or

• Despatch of Welcome Letter to the address provided in the Assessment Order.

Buyer will be charged for the Services as set out in these Terms and in accordance with the materials included with the applicable Acceptance of Offer. Invoices shall be raised for the Services in accordance with the information provided to the Buyer in the applicable Acceptance of Offer. Regardless of the number of pupils registered in the Assessment Order, we reserve the right to invoice Buyer for any additional assessments actually performed in excess of the number registered. Payment shall be made by the Buyer within thirty (30) days of the date of invoices received from us.

Withdrawing from the assessments

Buyer may withdraw the Assessment Order at any time by providing notice to CEM in writing. However, any withdrawal by the Buyer may incur a cancellation fee in accordance with those stated on the Assessment Order form and on the CEM website (See Below).

Data protection

Under the terms of the Data Protection Act 1998 (the "Act"), the parties agree that the Buyer shall bear responsibility as the Data Controller of data submitted in accordance with Services. As Data Controller, Buyer warrants that the individuals whose information is submitted in accordance with the Services, or the parents/guardians of such individuals in the case of the submission of information of minor children, have been given sufficient information about the purpose of the project and have been given the option to opt out if they/their parents/guardians do not wish to participate. Buyer shall ensure that it does nothing to breach its obligations under the Act nor to put Durham University or CEM in breach of any of their obligations under the Act.

Consent for use of data

Except as set forth herein, confidential information and/or data submitted by the Buyer in accordance with the Services will be held in confidence and will not be used or disclosed by us for any purpose other than the performance of the Services. This restriction shall not apply to information or data which is in our possession (with full right to disclose) before receiving it, which becomes public knowledge other than by breach of this clause, which is independently developed by us without access to or use of this information or data, which is lawfully received from a third party (with full right to disclosure), or which is disclosed by us pursuant to any law (including without limitation the Freedom of Information Act 2000) or court order. We may, however, use anonymised data based on information or data which are submitted by the Buyer for the purpose of internal research, and we may share such anonymised data with third parties for use in their own research, and the results of this research may be used in publicly available documents. Buyer hereby consents to the use of such anonymised data for these purposes.

Buyer's use of the assessment results

The results of the Services and any intellectual property rights therein shall remain at all times the property of CEM. Buyer may use such results for internal purposes, but shall not use or disclose the results of the Services for external purposes except as expressly permitted by CEM. Links to the assessment or feedback pages must not be placed on any publicly-accessible website. For permitted external uses of the results of the Services, please see www.cem.org/publication-of-schools-performance-data.

General

These Terms together with the information provided to the Buyer in the Acceptance of Offer shall constitute the entire agreement between the parties relating to the subject matter of the contract, to the exclusion of any and all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). No terms or conditions endorsed upon, delivered with or contained in the Buyer's Assessment Order, confirmation of order, specification or other document will form part of the contract simply as a result of such document being referred to in the contract.

Any variation will be in writing and signed by authorised signatories for both parties.

Buyer may not assign or otherwise transfer the contract in whole or part without our consent. The parties do not intend that by virtue of the Contracts (Rights of Third Parties) Act 1999 any of the terms of the contract should be enforceable by a person who is not a party to it.

If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the parties will uphold the remainder of the contract, and will negotiate an amendment which, so far as legally feasible, maintains the economic balance between the parties.

Failure or delay by us in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights under the contract.

Any waiver by us of any breach of, or any default under, any provision of the contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.

The contract will be governed by English Law. The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the contract.

 

Withdrawing from CEM Assessments

Each contract is subject to a cancellation fee. All cancellations must be received by CEM in writing before services can be withdrawn. Cancellation after any data processing has been performed by CEM will still incur the full fee. Withdrawal from CEM systems may incur the following charges:

Alis:

£50 per cohort

MidYIS:

Computer Adaptive Baseline Test: £50 per cohort
Attitudinal Questionnaire: £50 per cohort

Yellis:

Computer Adaptive Baseline Test: £50 per cohort
Attitudinal Questionnaire: £50 per cohort

ASPECTS/PIPS/AfE P1/InCAS/AfE P2-7:

You may withdraw from using these systems for free so long as notice of withdrawal is received by us no more than 14 days after the date the subscription is returned. Any withdrawal received later than this will incur a Cancellation Fee of £50.

BASE:

You may withdraw from using BASE for free so long as notice of withdrawal is received by us no more than 14 days after the date the subscription is returned. Any withdrawal received later than this will incur a Cancellation Fee of £50.

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