Terms of Service

The platform is operated by Xamina (“Xamina”, “we”, “us”). Our full registration details and registered office are given on request and in any signed agreement between us.

They apply to you whether you reached the platform as an institution that pays us, an administrator acting for one, or a candidate enrolled by one. Where a term applies only to one of those, it says so.

Organisation

An organisation holding an account — an awarding body, training provider, university, ministry or employer.

Candidate

A person enrolled by an Organisation to sit an assessment on the platform.

Content

Question banks, items, exams, candidate submissions, results and any other material uploaded to or generated on the platform.

Seat

The unit of capacity an Organisation buys, entitling one candidate to be enrolled against a licensed paper.

Accounts are opened by us, not by self-service registration. We may decline to open one, and we may require evidence that the person requesting it is authorised to bind the Organisation they name.

• You must give accurate registration details and keep them current.
• You are responsible for everything done under your credentials. Do not share them.
• An Organisation is responsible for the acts and omissions of its administrators and candidates on the platform.
• You must tell us promptly at info@xamina.io if you believe an account has been compromised.
• A candidate account exists because an Organisation created it. If you are a candidate and want your account closed, ask the Organisation that enrolled you — see the Privacy Policy for your rights over the data itself.

We provide the platform as a service: question banking, exam authoring, scheduled and booked sittings, supervised online delivery, grading, results, certificates and reporting, according to the plan the Institution has bought.

We may change, add to or remove features. Where a change materially reduces functionality an Institution is paying for, we will give reasonable notice, and the Master Services Agreement sets out what happens then.

Supervision features detect signals; they do not make findings of fact. Any decision to invalidate an attempt, refuse a result or accuse a candidate of misconduct is the Institution’s decision, taken on its own academic-misconduct process. We do not make that decision and are not responsible for it.

Using the platform properly is a shared job, and most of it sits with the Institution because it is the one that knows its candidates and its scheme.

• Comply with the Acceptable Use Policy. A breach of it is a breach of these terms.
• Have a lawful basis for putting candidate personal data on the platform, and tell your candidates that you are doing so.
• Where supervision is enabled, tell candidates before they sit what is recorded and why. The platform shows them a supervision notice; that does not replace your own obligation.
• Hold the rights to the Content you upload, including any items licensed from a third party.
• Run your own appeals and misconduct processes. We supply the evidence trail; we do not adjudicate.

Your Content stays yours. An Institution keeps all intellectual property in its question banks, items and exams. You grant us a licence to host, process, transmit and display that Content only so far as is necessary to provide the service to you.

The platform stays ours. The software, interface, documentation and everything we develop remain our property. Nothing here transfers any of it to you.

We may produce aggregated, anonymised statistics about platform usage — never identifying an Institution, a candidate or the contents of a question bank — to operate and improve the service.

Fees, seat allowances and the billing period are set in the order or Master Services Agreement. Unless that document says otherwise, fees are exclusive of VAT and other taxes, and are payable within 30 days of invoice.

We may suspend access to an account with overdue fees after giving written notice. We will not suspend an account during a scheduled sitting that is already in progress.

Cancellations and refunds are governed by the Refund and Cancellation Policy.

We may suspend or terminate access:

• Immediately, where continued access presents a security risk to the platform or to other organisations’ data.
• Immediately, for a serious breach of the Acceptable Use Policy.
• On notice, for a breach of these terms that is not put right within 30 days of us asking.
• On notice, for non-payment.

An Institution may terminate as set out in its Master Services Agreement, or by giving notice before the next renewal date.

On termination, an Institution may export its Content for 30 days. After that we delete it in line with the retention schedule in the Privacy Policy and the Data Processing Agreement. Results and certificates already issued remain valid records; terminating an account does not revoke a certificate a candidate has earned.

We aim to keep the platform available at all times, but no online service is continuously available. Availability commitments, how they are measured and what is owed if we miss them are in the Service Level Agreement, which applies to Institutions on a plan that includes it.

We carry out planned maintenance in announced windows and will avoid scheduling it over a sitting you have booked where we reasonably can.

We warrant that we will provide the service with reasonable skill and care, and in accordance with the SLA where one applies.

Beyond that, and to the extent the law allows, the platform is provided as-is. We do not warrant that it will be uninterrupted or error-free, that supervision signals will detect every instance of misconduct, or that they will never flag honest behaviour. Supervision is an aid to invigilation, not a substitute for judgement.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, and to the extent the law allows:

• Neither party is liable for loss of profit, revenue, goodwill, anticipated savings, or any indirect or consequential loss.
• Our total liability arising out of or in connection with these terms in any twelve-month period is capped at the fees paid in the preceding 12 months.
• We are not liable for a decision an Organisation takes about a candidate — including invalidating an attempt, refusing a result or upholding a misconduct finding.

An Institution’s signed Master Services Agreement may set different caps. Where it does, it prevails.

We may update these terms. Where a change materially affects your rights we will give at least 30 days notice by email to account administrators and by notice on this page. Continuing to use the platform after a change takes effect means you accept it.

The date at the top of this page is when it was last reviewed.

These terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.