Gebruiksvoorwaarden - TOSA

Définitions

  • - Terms and conditions » designates the terms and conditions of use of the Website available at the following address: www.isograd.com. Those terms and conditions can be modified at any time by ISOGRAD. It is the client’s responsibility to read and accept those terms and conditions before any subscription.
  • This Agreement defines the terms of the Subscription agreement (test packages, options…) as well as the general conditions of the Subscriber's access to the TOSA® platform. Subscription to the TOSA® platform allows for candidates duly registered by the Subscriber to take ISOGRAD evaluation tests.
  • The contractual documents binding ISOGRAD and the Subscriber are: the subscription form and the present General Terms of Subscription (together hereinafter referred to as the 'Agreement').

Service

  • ISOGRAD is a company that specializes in the evaluation and the certification of computer skills (software, programming languages…). ISOGRAD has developed a software called TOSA® (hereinafter referred to as the 'Software') the purpose of which is to translate a candidate's proficiency at using a software (for instance: Excel, PowerPoint, Word…) or his programming skills (PHP, Java, .Net…) into a score. The features of the TOSA® platform are described in Appendix 1. TOSA® is a registered trademark.
  • Subscription to the TOSA® platform grants access to the TOSA® evaluation tests platform and the ancillary or optional services the Subscriber subscribed to. The TOSA® Certification, the TOSA® Platform and the Software remain the exclusive, non-transferable and non-seizable property of ISOGRAD.

Subscription

  • How to purchase a subscription?
    Subscriptions are available from ISOGRAD, either through its website www.isograd.com (hereinafter referred to as the 'Site') or by phone(+33 1 42 66 28 88). Certification credits can not be purchased on the website. If you want to buy certification credits, please contact us by email or by phone (+33 1 42 66 28 88). When the subscriber has used all his assessment or/and certification credits, he can purchase new credits on the website www.isograd.com or by phone +33 1 42 22 28 88.
  • Conditions to subscribe
    - The Subscriber must provide a Login ID and a password that ensure a unique identification. The Login ID and the password together define the access codes.
    - The Subscriber pledges to provide on the online interface 'Clients' all necessary information to place an order for subscription. When submitting his order online the Subscriber certifies he has a good command and understanding of English, that he reviewed and unreservedly agrees to the General Terms of Subscription, and that he completed his purchase.
    - The Subscriber is wholly responsible for any use of his access codes and for any purchase order that may be placed using these codes.
    - In accordance with the 1978 French Act on Information Technologies and Data privacy (Loi n°78-17 relative à l'informatique, aux fichiers et aux libertés du 6 janvier 1978) the Subscriber has the right to access, amend, contest and delete the data he provided ISOGRAD with.
    - The Subscriber is irrevocably bound to carry on any purchase order he submitted to ISOGRAD, unless otherwise stated in writing by ISOGRAD.
  • Any new purchase order requires the Subscriber to complete the payment of all previous purchase orders.
  • The Subscriber will not be allowed to place any new purchase order until his previous orders are duly paid. Any outstanding payment is immediately due and payable to ISOGRAD.
  • In case of a distance subscription the Subscriber may exercise his right of withdrawal within a period of 7 clear days after accepting the offer by addressing a registered letter with acknowledgement of receipt to ISOGRAD, Abonnement TOSA®, 35 rue des Jeûneurs 75002 Paris. However, by connecting and activating his account on the TOSA® Platform within this 7 day period, the Subscriber waives his right of withdrawal.

Financial terms

  • Fees
    ISOGRAD offers different types of subscription’s credits:
    o Assessment credits: A credit corresponds to a test taken on one software’s version and in one language. The subscriber is free to use his credits on all the tests available on the website.
    o Certification credits: A credit corresponds to a certification exam taken on one software’s version and in one language. The subscriber is free to use his credits on all the tests available on the website.
    o The subscription fees as well as the ancillary and optional services fees are listed in the fees booklet the Subscriber uses to subscribe to the service. The Subscriber is provided the fees booklets upon validation of the subscription. In case the subscription is made directly on the website (www.isograd.com), fees are transmitted when the subscription is made.
    o Assessment credits as well as certification credits are valid for 12 months from the date of issue.

    The subscription fees as well as the ancillary and optional services fees are listed in the fees booklet the Subscriber uses to subscribe to the service. The Subscriber is provided the fees booklets upon validation of the subscription.
  • Invoicing and payment
    The subscription is provided in return for a monthly fee determined in the offer chosen by the Subscriber and granted by ISOGRAD. This fee does not include taxes and shall therefore be increased by the government taxes and tariffs in force at the time of the transaction.

    A monthly subscription period is defined as a one month period starting from the calendar day of subscription. The first monthly subscription period begins on the day of subscription.

    The Subscriber must pay any invoice issued by ISOGRAD by direct payment within 30 calendar days after the invoice issuance.

    All amounts due to ISOGRAD under the Agreement lead to the issuance of invoices every 30th of the month, or the first preceding working day when the 30th is not a working day. During the subscription process the Subscriber expressly authorizes ISOGRAD to address him an electronic invoice every month and to store it on a secure and durable support.

    The Subscriber can pay invoices either by direct payment or by credit card.

    Any delay in payment, when noticed, will lead to :
    - The suspension of the subscription ;
    - Payability of all the Subscriber's obligations, due and accruing due ;
    - In accordance with Law n°92-1442 of December 31st 1992, after notice has been provided without any result, penalties will be applied on all outstanding amounts that were not paid on their original due date. These penalties will amount to 1.5 times the legal interest rate of the current calendar year per month of late payment.
  • Extra Tests
    When the Subscriber uses 50% more tests and TOSA® certifications than included in his monthly package subscription, ISOGRAD may require the Subscriber to immediately pay the extra tests.
  • Modification of the subscription features
    The Subscriber can modify the features of his subscription provided pending invoices have been paid. Any request to modify the subscription features must be addressed to ISOGRAD, either by phone (during working hours) or by mail to: ISOGRAD Service Abonnements, 35 rue des Jeûneurs, 75002 Paris, or through the Software. The different features that can be modified are listed below. Once the requested modification is approved by ISOGRAD and a confirmation e-mail is sent to the Subscriber, the modification shall take effect at the beginning of the month following the date of notification to ISOGRAD of the Subscriber's request.
  • Changes in the commitment period :
    - The Subscriber may switch from a subscription with no commitment period to a subscription with a 12 or 24 month commitment period without additional technical charges.
    - The Subscriber may switch from a subscription with a 12 month commitment period to a subscription with a 24 month commitment period without additional technical charges.
    - The Subscriber may not reduce his commitment period or switch to a subscription free of commitment period before the expiration of his current subscription.
  • Changes in the package subscription :
    - In the case of a subscription with no commitment period, the Subscriber may modify his package subscription.
    - In the case of a subscription with a commitment period of 12 or 24 months, the Subscriber may switch to a more expensive package subscription without technical charges. The Subscriber may also switch to a less expensive package subscription subject to the immediate payment of technical charges
  • Any modification shall take effect the first day of the following monthly subscription period.
    Beware: all tests and services are not available in every subscription packages. Switching from a package to another might lead to the removal of the Subscriber's access to specific tests or services.

TOSA® Certification

  • Examination requirements of the TOSA® Certification
    As part of the TOSA® Certification process the Subscriber shall make sure he complies with the examination requirements of the TOSA® certification. The Subscriber shall make sure he has been approved by ISOGRAD as a Registered TOSA® Certification centre.
  • Invoicing requirements of the TOSA® Certification
    TOSA® Certifications are not included in the test packages available to the Subscriber every month. TOSA® Certifications are invoiced every month in accordance with the terms defined in the page Offer. Provided a mutual agreement between the Subscriber and ISOGRAD these conditions may be revised by means of annual amendments.
  • Registered Centres and TOSA® promotion

    The Subscriber pledges to promote by his customers and potential candidates the TOSA® Certification and his own status as a Registered TOSA® Certification Centre.

    The Subscriber authorizes ISOGRAD to communicate on the Subscriber's status as a Registered TOSA® Certification Centre on the TOSA® website as well as on any documents related to the TOSA® Certification (including press releases, corporate presentations, training agencies, examinations centres or public agencies …). Such communication may refer to the Subscriber's name (corporate name), and/or logo, and/or contact details (address, phone, website …).

    As part of the promotion of the TOSA® Certification (emailing, advertising, faxing) the Subscriber may use the TOSA® and/or ISOGRAD logos after previous approval from ISOGRAD.

Obligations of the Subscriber

  • The Subscriber pledges to communicate to ISOGRAD and update throughout the Agreement term accurate identification and banking information.
  • In all correspondence with ISOGRAD the Subscriber shall mention his references (login ID and company name). ISOGRAD reserves the right to dismiss incomplete requests.
  • The subscription provided by ISOGRAD under this Agreement and for a definite period of time allows the Subscriber to use the TOSA® Platform in accordance with its purpose and his own needs.

    The subscription is provided for :
    - the type of available tests
    - a monthly tests package
    - a predefined number of admin accesses
    - a fee for the extra tests that are not included in the monthly package
    - a fee for TOSA® Certifications
    - a commitment period (none, 12 months, 24 months)
    - … in line with the features of the subscription package chosen by the Subscriber. The different subscription packages available to the Subscriber are described on the page OFFER of the ISOGRAD website.

Software Using Conditions

  • Agreement does not convey any license or Software transfer to the Subscriber. Therefore, the Subscriber is not permitted to :
    - copy, print, transfer, transmit or display any or all of the tests ;
    - market in any way whatsoever the TOSA® Certification and the TOSA® Pre-Test to third parties other than its customers and employees ;
    - sell, rent, sublicense, or distribute the Software in any way whatsoever ;
    - modify the Software and/or merge all or any portion of the Software into other computer programs ;
    - reproduce the Tests and use them on his own account or for a third party ;
    - create derivative works based on the Software or the Tests ;
    - use the TOSA email platform to send mass emails and/or emails unrelated to a TOSA test examination ;
  • The Software and the Tests are part of the supplier's trade secrets and shall be acknowledged by the Subscriber as confidential information, whether protected by intellectual property rights, patents, copyrights, … or not;
  • The Subscriber expressly agrees not to attempt to fix any defect whatsoever. ISOGRAD reserves the right to fix any defects related to its tests and the TOSA Platform. While using the Software the Subscriber shall notify any defect to ISOGRAD without delay.

Quality of Service

  • ISOGRAD only certifies the Software's and the Tests' compliance with the functional and technical features described on ISOGRAD website.
  • The Tests may be modified by the supplier in order to improve their functioning. The supplier pledges to notify the Subscriber any substantial modification that may affect the functioning and/or features of the Tests. ISOGRAD shall -without additional charges for the Subscriber- undertake any such modification throughout the Agreement term in order to fix any defect. The Subscriber shall provide ISOGRAD with a detailed report on the encountered defect.
  • ISOGRAD reserves the right to use the most appropriate means to correct defects.
  • ISOGRAD does not guarantee that the Software and the Tests are free of defects and nor that operational interruptions will not occur. It is therefore the Subscriber's responsibility to take all necessary measures to establish appropriate backup plans and minimize the harmful consequences that may result from an operational interruption or a loss of data.
  • ISOGRAD may temporarily suspend access to all or part of its services in order to upgrade, repair or conduct any maintenance operation on its platform. In case the services are totally interrupted, ISOGRAD pledges to restore them within a maximum period of 2 working days.

Entry into force / Term of the Agreement

  • Phase-in: ISOGRAD pledges to provide access to the TOSA Platform and activate the Subscriber's usage rights in accordance with the subscription options he agreed to within 72 hours after the Agreement signature:

    - No commitment subscription option: the Agreement is concluded for an unlimited period of time. Either party is entitled to terminate the Agreement subject to a period of notice of one month. The termination notice shall be addressed to ISOGRAD either by registered letter with acknowledgement of receipt to ISOGRAD (Résiliation Abonnement) 35 rue des Jeûneurs 75002 Paris, or by e-mail at support@isograd.com. The subscription remains active and valid as long as ISOGRAD does not confirm good reception of the termination notice. The termination shall be effective on the last day of the ongoing monthly subscription period.

    - Commitment subscription option: the Agreement is concluded for a minimum period of time (either 12 months or 24 months). At the end of the commitment period, the service may be terminated at any time by the Subscriber or ISOGRAD subject to a period of notice of one month. The termination notice shall be addressed to ISOGRAD either by registered letter with acknowledgement of receipt to ISOGRAD (Résiliation Abonnement) 35 rue des Jeûneurs 75002 Paris, or by e-mail at support@isograd.com. The subscription remains active and valid as long as ISOGRAD does not confirm good reception of the termination notice. The termination shall be effective on the last day of the ongoing monthly subscription period.
  • The Agreement shall enter into force from the date of its acceptance by the Subscriber. The Agreement term of depends on the commitment option the Subscriber has chosen.

Suspension and Termination

  • Upon violation of the Subscriber's contractual or legal obligations such as: :
    - identity theft, inaccurate banking data, or failure to provide requested file information ;
    - failure to pay an invoice on its due date ;
  • ISOGRAD may suspend after prior notice and without indemnity the Subscriber's access to part or all of ISOGRAD services.
  • ISOGRAD reserves the right to terminate the Agreement without further delay, by any means and without any indemnity, if the Subscriber did not properly address the cause of his suspension of access within a month after the aforementioned suspension.

Claims / Complaints

  • All complaints must be sent at: ISOGRAD, Service Abonnements, 35 rue des Jeûneurs, 75002 Paris. ISOGRAD shall address any complaint or claim for reimbursement within 30 days after reception of the complaint.

Privacy policy and personal data protection

  • Personal data requested from Subscribers are solely destined to ISOGRAD and the management of the Subscriber's Agreement. In accordance with the 1978 French Act on Information Technologies and Data privacy (Loi n°78-17 relative à l'informatique, aux fichiers et aux libertés du 6 janvier 1978) the Subscriber has the right to access, amend, delete and contest the data he provided ISOGRAD with.
  • The parties to the Agreement pledge to ensure that nominal data obtained through the execution of ISOGRAD tests and gathered for the purpose of the TOSA® platform's management will not be shared with third parties unless justified by necessity of use, monitoring purpose, or legal and regulatory obligations. Such nominal data are subject to the Subscriber's right of access, amendment, contestation and deletion of personal data as defined by the 1978 French Act on Information Technologies and Data privacy. To this end the Subscriber shall indicate on his ISOGRAD account the email of the ISOGRAD contact in charge of such requests.

General provisions

  • Modification
    The Agreement may be materially altered or supplemented by means of a written amendment signed by the Parties.
  • Severability
    If any of the Agreement provision is canceled in whole or in part, the other provisions of the Agreement remain valid unless otherwise stated in the Agreement. In such case the parties shall seek to replace the canceled provision with a new provision that fits the spirit and the purpose of the Agreement.
  • Headings
    The headings of the Agreement articles are inserted for convenience of reference only. They are not contractually binding and shall not affect the interpretation of the Agreement.
  • Notifications
    For the purposes of the Agreement, the Parties shall be deemed to be domiciled at the respective addresses stated in the heading of the present Agreement. Any change in these addresses shall be notified online to the Parties.
  • Entire Agreement - Amendments
    The contractual documents binding ISOGRAD and the Subscriber are: the subscription form, Appendix 1, the present General Terms of Subscription and any future amendments (together the "Agreement"). All the documents of the Agreement are interrelated and indivisible, provided that the terms defined in this Agreement have the same meaning when used in the Appendixes and conversely, unless otherwise stated. The content of the Agreement may be amended or supplemented by a written amendment signed by the Parties. Under no circumstance shall any delay or inaction, abstention or omission from the parties exercising any of their rights be construed as a waiver of their respective rights under this Agreement.
  • Governing law - Disputes
    This Agreement shall be governed by and construed in accordance with the laws of France. The Paris Court of Appeal shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the interpretation and/or performance of this Agreement.
    In respect of any translation of the ISOGRAD and TOSA Platform General Terms of Subscription which has been carried out, in the event of there being any contradiction in the meaning or interpretation of any of the clauses of these General Terms of Subscription, the version in the French language shall prevail.