Terms of Service

Laravel Certification

THE PARTIES

Human Music B.V., having its place of business at CANDIDATE’S LOCATION (hereafter: "Examinator") on the one hand,

and

The party taking the Laravel Certification Exam (hereafter: "Candidate") on the other hand,

CONSIDERING, THAT

• Candidate will take Examinator’s exam to certify whether Candidate receives the status of Certified Laravel Developer (hereafter: the Purpose);
• Examinator for the Purpose wishes to make available certain information to Candidate, including but not limited to software, exam questions and answers, documentation, images, and source code.

BY TAKING THE LARAVEL CERTIFICATION EXAM, CANDIDATE AGREES AS FOLLOWS.

1. Copyright notice

   1. All contents of the Laravel Certification website, exam, and communications, is Copyright (c) 2017 Human Music B.V.
   2. Subject to the express provisions of these Terms of Service:
      1. Examinator, together with its licensors, owns and controls all the copyright and other intellectual property rights in the website and the material on the website; and
      2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
   3. Candidate may be held accountable for damages which result from breaking copyright.

2. Exam rules

   1. Candidate shall take the exam using Examinator’s provided exam software. Candidate will not use any other software that is not strictly required by the Examinator.
   2. Candidate shall take the exam alone, without other people present in the room. Candidate will not communicate with other parties during the exam, be it physically present or via another means of communication.
   3. Candidate will not consult any form of written or visual aides to take the exam, including but not limited to manuals, documentation, video, images, or other physical or digital information.
   4. Candidate declares not to have studied exam questions or answers that have been made available by a third party without consent from Examinator.
   5. Candidate will refrain from any attempts to cheat, bypass, hack, circumvent, reverse-engineer, or modify the exam, the exam results, and the examination software.
   6. Failure to comply may result in the withdrawal of Candidate’s examination status.

3. Confidentiality obligations

   1. Candidate shall treat all Confidential Information obtained from Examinator as strictly confidential and use the same only for the Purpose. This duty to keep in strict confidence shall exist for the duration of this non-disclosure agreement and a period of five years thereafter.
   2. Candidate shall protect Confidential Information with the same level of protection against unauthorized access or use as its own Confidential Information, but at least a reasonable level of protection. Candidate shall adhere strictly to all reasonable instructions of Examinator regarding the protection of Confidential Information.
   3. Confidential Information is defined as all Information of which it can be assumed from the context that Examinator would deem this to be confidential or of which Candidate should reasonably have recognized its confidential nature from the content of the Information.
   4. Information is defined as all information and data concerning the exam, it’s content, it’s questions and answers, the nature of those questions, images, screenshots, source code, exam process, documentation, or other aspects of the exam, irrespective of the form in which this has been recorded or is provided (including web pages, e-mail, digital files, paper documents and oral disclosures).
   5. For any Confidential Information that is software, Candidate receives a limited license to use this software and its contents for the Purpose. The Candidate will refrain from decompiling (reverse engineering) the software without prior written consent of Examinator. Examinator shall make the exam software available as an Internet service.
   6. After termination of the exam, Candidate shall destroy or delete all Confidential Information in its possession.
   7. Candidate will not download, make copies, make screenshots, make audiovisual recordings of any material from the exam or the exam software, or save any such material to a computer, server, or other medium.
   8. Candidate may not:
      1. republish material from the exam or the exam software (including republication on another website);
      2. sell, rent or sub-license material from the exam or the exam software;
      3. show any material from the exam or the exam software in public;
      4. exploit material from the exam or the exam software for a commercial purpose; or
      5. redistribute material from the exam or the exam software.
      6. help third parties taking the exam by providing them with information about the exam without written permission from Examinator.

4. Disclosures

   1. Candidate will not disclose any aspect of the exam to any party.
   2. Any disclosures require separate written permission of Examinator. Such permission must be sought in advance. Examinator can make the permission conditional.
   3. If Candidate is summoned by a competent court or other authority to submit Confidential Information for the benefit of a judicial investigation or legal proceedings it is entitled to do so. However, before so submitting the Confidential Information and unless the summons bars it from doing so, Candidate must inform Examinator as soon as possible about the summons to provide it with the opportunity to object to the Confidential Information being submitted, for instance by obtaining an interim provision at a competent court. Should Examinator elect to do so, then Candidate must delay the required disclosure to the extent possible by applicable law.

5. No confidentiality

   1. The obligation to treat certain Confidential Information as confidential will be revoked if Candidate can prove that this Information:
      1. was obtained from sources available to the general public such as newspapers, patent databases, freely available software (such as open source) or informative websites (such as Facebook of LinkedIn),
      2. was already in the possession of Candidate prior to the date on which it was issued by the disclosing party,
      3. is available from a third party without this party being in default towards Examinator arising from a confidentiality clause by so making available this Information,
      4. was developed by Candidate independently and without the use of any Information of Examinator.
   2. Information will, however, not lose its confidential nature solely because individual aspects pertaining to it are available as meant in the previous paragraph.

6. No warranties

   1. The exam is issued without any claims to correctness or guarantees of any nature whatsoever. Examinator shall use reasonable efforts to ensure the examination software made available as an internet service is usable at all times, and that the exam is correct, but does not give any warranties or guarantees to this effect.
   2. Examinator accepts no liability on any grounds for any damages whatsoever suffered by Candidate may be arising from the use of the exam or the examination software. This clause also applies to any bugs or errors that may be present in the exam or the examination software disclosed under these Terms of Service.
   3. The usage right for any software disclosed is limited to acts necessary for the Purpose. The usage right terminates upon termination of the exam.

7. Liability and contractual fine

   1. Candidate is fully liable for all damages suffered by Examinator arising from a violation of the obligation to observe confidentiality of Confidential Information.
   2. Damage is included to mean loss of turnover and profit, loss of income, fines and damages payable by Examinator to third parties from whom certain Confidential Information was obtained.
   3. In case Candidate violates the obligation to observe confidentiality, it shall immediately and without the need for a notice of default owe to the other party a contractual fine of €50000. In case the actual damages exceed the amount of the fine, Examinator may elect to demand payment of actual damages instead.

8. Certification Status

   1. After completion of the exam, Examinator will evaluate the exam results and determine whether Candidate receives the status of Certified Laravel Developer, at the discretion of Examinator, and communicate the status to the Candidate. Examinator is under no obligation to communicate Candidate’s scores or the process of determining Candidate’s status.
   2. Upon failing the exam, the Candidate will be given one opportunity to retake the exam, within an allotted timeframe.
   3. Upon failing the exam, Candidate may request Examinator to re-evaluate the results by sending a written motivation. After the re-evaluation, Examinator’s response will be final.
   4. Examinator may revoke Candidate’s awarded Laravel Certification status for any reason.

9. Privacy

   1. Examinator’s website uses cookies; by taking the exam you consent to the use of cookies.
   2. Examinator records identifying information about Candidate. Candidate will provide sufficient proof of identity. Examinator may use the identifying information for the Purpose.
   3. Examinator may send informational or promotional information to Candidate. Candidate may opt out from these communications.
   4. Examinator may publish the name, organisation, and Laravel Certification status of Candidate. Upon written request, Candidate will be exempt from such publication within 90 days.
   5. Examinator will take all reasonable precautions to safeguard any personal information of Candidate.

10. Other provisions

    1. These Terms of Service remain in force until terminated.
    2. In the event that any one or more of the provisions of these Terms of Service is determined by a court of competent jurisdiction to be invalid, unenforceable, or illegal, such invalidity, unenforceability, or illegality shall not affect any other provisions of these Terms of Service. The parties further shall in such an event negotiate a suitable replacement provision.
    3. These Terms of Service nor any Information exchange within its scope shall be regarded as an obligation or commitment for either party to enter into any further agreement with the other party.
    4. The laws of the country of Examinator shall apply to these Terms of Service. Any disputes that may arise in connection with these Terms of Service shall be brought before the competent Dutch court for the principal place of business of Examinator.

End of Laravel Certification Terms of Service