Swiss Exams Skills (SES) Terms and Conditions

1. Introduction

  • These are the Terms and Conditions of the Swiss Exams Skills (SES).
  • SES administers remote-proctored online assessments and online language courses for persons aged 18 or older. If a person under 18 would like to use the SES website or book a SES product, he/she needs to have the consent of their parent or/and legal guardian.
  • The SES is run by Swiss Exams GmbH.
  • We offer online assessments and online language courses for candidates and companies (e.g., schools as well as other organisations).
  • These Terms and Conditions are designed to ensure a safe testing environment, a fair exam experience for candidates and the adherence to European Union (EU) data protection policies as well as the Swiss Data Protection Act from 25 September 2020.
  • Please read these SES Terms and Conditions carefully before using the SES website or/and our services.
  • These Terms and Conditions may be printed and copied.
  • This is a legal agreement between Swiss Exams GmbH and the respective person(s)/companies and can only be modified with our written and express consent.

2. International Compliance

  • When a person registers, purchases or receives our services from a country outside the European Union (EU), the European Economic Area (e.g., Switzerland) or the United Kingdom (UK) and in the case of conflict, ambiguity between any provision contained in these Terms and Conditions and the laws of that country, the jurisdiction of Switzerland will apply and these Terms and Conditions shall take precedence.

3. Definitions

  • SES: Swiss Exams Skills run by Swiss Exams GmbH.
  • Remote Proctored: Assessment system that allows candidates to take online assessments from a remote location while ensuring the integrity of the online assessment.
  • Person: Individual.
    • Company: Any company, corporation or other body institution wherever and however instituted or established (e.g., schools and other organisations).
  • Product: Online assessment and/or online language course booked by a candidate.
  • Candidate: A person who has booked a SES product.
  • Booking: Registering, paying and accepting these SES Terms and Conditions for a SES product.
  • Business Days: Monday to Friday (Saturday, Sunday and Swiss Public Holidays excluded).
  • Valid ID: Requirements need to meet criteria outlined in sections 4.2 and 7.3.
  • Receipt: Confirmation of a candidate’s booking.
  • Paper invoice: A bill for our services in paper form.
  • Credit or debit card: Accepted cards are Visa, Mastercard, Maestro and American Express.
  • Online assessment: An exam that is remote proctored.
  • Online language course: A language course that is taken online through the SES website.
  • Voucher: A document that entitles a company or a candidate to the SES product purchased.
  • Refund: A reimburse or a repayment.
  • Bundle: Several SES products that were purchased together.
  • Words in the singular shall include the plural and vice versa.

4. Pre-Online Assessment Regulations

4.1 Preparation

  • A registration for an online assessment is mandatory. More information is outlined in section 4.2.1.
  • At registration, candidates/companies will be asked that they have read and understood the SES Terms and Conditions and the SES Privacy Policy.
  • By accepting the SES Terms and Conditions, candidates/companies are also agreeing to comply with the Swiss Exams GmbH Terms and Conditions.
  • Candidates/companies must comply with the SES Terms and Conditions, the Swiss Exams GmbH Terms and Conditions and the SES Privacy Policy.
  • The SES Privacy Policy is accessible on the SES website.
  • Any non-compliance will result in ineligibility to complete our online assessments (including receiving a result).
  • After registration (and before the online assessment), candidates/companies (e.g., its employees, its customers, its sub-contractors) will receive instructions for the technical/hardware setup, the testing environment setup and the pre-test check. Candidates/companies need to have read these instructions before the online assessment.
    • Candidates/companies are responsible to check that they have the required technical/hardware setup.
    • Candidates/companies are responsible to check that they have their required testing environment setup.
    • Candidates/companies are required to do a pre-test, to check that their technical/hardware equipment works.
  • More information on the technical/hardware requirements, the testing environment setup and the pre-test check is accessible at skills.swiss-exams.ch/instructions-and-requirements/.

4.2 Booking

4.2.1 Registration – SES Website

4.2.1.1 Candidates
  • Candidates register through the SES website.
  • A confirmation e-mail will be sent to candidates confirming the purchase and successful registration for the online assessment.
  • Once candidates have registered, an account is automatically generated on the SES website with the information that was given by candidates during registration.
  • Candidates are able to change their personal data and login details on their SES account after registration.
  • A candidate’s registration must include an appropriate photo ID. Further information is provided in section 7.3.
  • E-mail addresses cannot be changed after registration.
  • Candidates must take all reasonable steps to ensure that
    • The password is kept confidential and secure.
    • The registration is correct, complete and accurate.
    • Any misuse of the SES website or any security breach in connection with these Terms and Conditions that could compromise the security or integrity of the SES website or otherwise adversely affect Swiss Exams GmbH, is immediately reported to Swiss Exams GmbH.
  • The SES Terms and Conditions and the SES Privacy Policy have to be accepted by candidates during the registration process.
  • Swiss Exams GmbH reserves the right to reject registration or to refuse the service(s) to anyone for any reason in its sole and absolute discretion.
4.2.1.2 Companies
  • Companies register through the SES website.
  • A confirmation e-mail will be sent to the company confirming the purchase and successful registration for the online assessment.
  • Once a company has registered, an account is automatically generated on the SES website with the information that was given by the company during registration.
  • Companies are able to change their data and login details on their SES account after registration.
  • E-mail addresses cannot be changed after registration.
  • Companies are responsible for ensuring that
    • Access to the company’s SES account is restricted to authorised users.
    • The login password(s) is/are kept confidential and secure.
    • The registration is correct, complete and accurate.
    • The product will be used only internally within the company and will not be used externally for marketing or commercial purposes.
    • Online assessment modules purchased in a single bundle are only used by one candidate. The bundle deems the online assessment modules inseparable.
    • All necessary steps to ensure complete compliance with these Terms and Conditions have been taken (e.g., in regard with its employees, its customers, its sub-contractors).
    • Any misuse of the SES website or any security breach in connection with these Terms and Conditions that could compromise the security or integrity of the SES website or otherwise adversely affect Swiss Exams GmbH, is immediately reported to Swiss Exams GmbH.
  • The SES Terms and Conditions and the SES Privacy Policy have to be accepted by the company during the registration process.
  • Any further communication takes place via e-mail. Companies are expected to be reachable via email. Spam folders have to be checked regularly by companies.
  • Companies can be held liable for any breaches of these Terms and Conditions.
  • Swiss Exams GmbH reserves the right to reject registration or to refuse the service(s) to any company for any reason in its sole and absolute discretion.

4.2.2 Payment

4.2.2.1 Candidates

  • Candidates can only pay with credit or debit card.
  • Once the candidate has paid for the online assessment, he/she will receive a confirmation e-mail with the receipt of the booking.
  • Booking fees will go directly to Swiss Exams GmbH.
  • Subject to a person’s compliance with these Terms and Conditions and making payment as required, Swiss Exams GmbH grants registered person’s a limited, non-exclusive, non-sub licensable, and non-transferable license to access and make personal non-commercial use of the content and the SES website.

4.2.2.2 Companies

  • Companies (e.g., schools, other organisations) can either pay with credit card, debit card or invoice.
  • Deadlines for payment by invoice are clearly indicated on the invoice.
  • Booking fees will go directly to Swiss Exams GmbH.
  • Subject to a company’s compliance with these Terms and Conditions and making payment as required, Swiss Exams GmbH grants registered companies a limited, non-exclusive, non-sub licensable, and non-transferable license to access and make personal non-commercial use of the content and the SES website.

4.3 Deadlines

4.3.1 Registration Deadlines

  • All registration deadlines are clearly indicated on the SES website.
  • Registration deadlines have to be kept. Late registrations are not possible.

4.3.2 Scheduling Deadlines

  • All scheduling deadlines are clearly indicated in the instructions of the SES product purchased.
  • Instructions are sent via e-mail.
  • Late Scheduling Fees may apply.

4.4 Withdrawal

  • Refunds are not possible once the purchase of an online assessment is completed.

4.5 Voucher Validity

  • Companies and candidates acknowledge that they must take the online assessment or bundle of online assessments within 6 calendar months from the purchase of the online assessment or the bundle of online assessments.
  • After the lapse of 6 calendar months, the voucher is deemed expired and the company or the candidate lose any right for refund.

5. Liability and Service Disclaimer

5.1 Liabilities and Service Disclaimer – General Remarks

  • Swiss Exams GmbH will try to ensure the SES website is available at all times and that the transmissions will be uninterrupted and error-free. However, due to the nature of the internet, we cannot guarantee this. The access to the SES website may be occasionally restricted due to repairs, maintenance or introduction of new services.
  • Swiss Exams GmbH does not assume any liability for the actions, facilities or other services that are provided by a third-party (e.g., our external remote proctoring services) in connection with the services that a person requests from them. A person should carefully review the respective Terms and Conditions and/or Privacy Policies.
  • Swiss Exams GmbH gives no warranty that the booking of a SES product, in any particular jurisdiction outside of Switzerland, is permitted under any applicable non-Switzerland laws and/or regulations. Accordingly, the services accessed through the SES website are not offered in any jurisdiction or to any person where purchasing/using the services/the prohibition of the services is prohibited (whether by nationality, residence, age or otherwise). If persons are residents outside of Switzerland, they must satisfy themselves that they are lawfully able to purchase the services offered on our SES website.
  • Subject to the point above, Swiss Exams GmbH shall not be liable to any person whether in contract, breach of statutory duty or otherwise for any financial/economic/other loss or any indirect/consequential loss, damage, costs or expenses.
  • Subject to the points above, the total liability of Swiss Exams GmbH for any loss, damage, costs or damage resulting/arising directly or indirectly from the use of third-party services provided through the SES website shall not exceed the sum as has been paid to Swiss Exams GmbH for the product/service.
  • Swiss Exams GmbH has excluded all liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage resulting/arising from any non-availability or use of the SES website of services/products/any other website linked to it.
  • Except as stated in these Terms and Conditions, the user/customer/candidate assumes sole responsibility for results obtained from the use of the SES website by the user/customer/candidate and conclusions drawn from such use. Swiss Exams GmbH shall have no liability for any damage caused by errors in any information/instructions provided by Swiss Exams GmbH.
  • Swiss Exams GmbH accepts no responsibility for and can give no warranties, guarantees or representations in respect of:
    • The content, information, materials, products or other materials on the SES website.
    • The service being timely, secure or that it will operate without errors.
    • Any product being lawful to sell.
    • Any obligation, liability, right or claim of Swiss Exams GmbH.

5.2 Liabilities – Online Assessments

  • Taking a remote proctored online assessment requires technical and hardware requirements as for example strong internet access, a suitable browser, power supply, a working webcam/microphone, websites, devices and other services that are not owned or controlled by Swiss Exams GmbH (more information outlined in section 4.1). This list is not limited. We have no control over or assume any responsibility for use of such access, devices and services.
  • Persons further take into account that Swiss Exams GmbH shall not be responsible or liable for damage or loss caused in connection with the use of such access, devices or services.
  • Swiss Exams GmbH cannot be held responsible if persons did not do the pre-test check and/or did not read the Candidate Guidelines explaining all instructions for technical/hardware requirements and the testing environment setup (both outlined in section 4.1).
  • Persons are expected to check their spam folder of their e-mail address that was given during registration. Swiss Exams GmbH cannot be held responsible for any unread e-mails that end up in the spam folder of a person’s e-mail address.
  • Swiss Exams GmbH, our external proctoring services and third parties shall not be held responsible and are not liable for any direct, indirect, intentional, unintentional, consequential, incidental damage or loss arising out of access to, use of or interpretation of the results by any third-party.

6. Prohibited Uses and Malpractices

6.1 Prohibited Uses – General Remarks

  • Persons may not misuse the SES website, its services and the licences granted. If this is the case, the use of the SES website may be terminated or suspended.
  • Prohibited uses include but are not limited to the following actions:
    • Allow copies to be stored or accessed by an unauthorized person
    • Alter, amend, modify or change the content/services of the SES website.
    • Engage in systematic copying or downloading of the content/services or transmit any part of the content to any unauthorized person.
    • Make the SES website content available in any other form/medium without the written consent of Swiss Exams GmbH.
    • Copy, download, duplicate, reproduce/exploit the SES website content, service or its licenses in whole or in part, for sale, resale or commercial use without our written agreement.
    • Upload, display or transmit any materials through the SES website which are false, offensive, defamatory, threatening, obscene and unlawful.
    • Copy, adapt, frame or use framing techniques/software/other codes forming part of the SES website.
    • Attempt to transmit to or via the SES website any information that contains a virus, worm or any other harmful component.
    • Change, modify, delete, interfere with or misuse data contained on the SES website and entered by/relating to any third-party user of the SES website.
    • Breach or fail to comply with any specific instructions or limitations on the use of the SES website content.
  • These Terms and Conditions do not grant any company or person any rights to/in the patents, copyrights, database right, trade names, trademarks or any derivative use of our content, services or the SES website.
  • If a person becomes aware of any misuse of the SES website or any security breach in connection with these Terms and Conditions that could compromise the security or integrity of the SES website or otherwise adversely affect Swiss Exams GmbH, the person must immediately notify Swiss Exams GmbH.

6.2 Malpractice – Online Assessments

  • Malpractice is any action which gives or aims to give any unfair advantage to a candidate or causes disadvantages for other candidates during an online assessment.
  • Malpractices include but are not limited to the following actions:
    • Cheating in any way.
    • Using any prohibited items.
    • Helping other candidates to cheat.
    • Impersonating another candidate or having another candidate impersonate him/her.
    • Reproducing any part of the exam (e.g., taking pictures, scanning/printing documents, recording etc.)
    • Attempting to alter his/her results in any medium.
  • If there is any indication that a candidate has been involved in malpractice, Swiss Exams GmbH may withhold or decide not to release the candidate’s results.
  • Candidates involved in malpractice may be banned from engaging with all future products offered by Swiss Exams GmbH.

7. Online Assessment Day Regulations

7.1 Confidentiality of Swiss Exams GmbH Systems

  • The delivery system product contents are the unpublished, confidential and proprietary materials of Swiss Exams GmbH, our external proctoring services and third parties.
  • Communicating, publishing, reproducing or transmitting any part of a SES product, in any form or by any means (e.g., verbal, electronic, written) for any purpose is strictly prohibited.

7.2 Prohibited Items and Actions

  • If these rules and regulations are not followed, candidates may be disqualified from an online assessment.
  • Please read these instructions carefully.
  • Prohibited items and actions.
    • Any electronic items (mobile phones, sound recorders, smart watches, music/video players, cameras, tablets etc.).
    • Any other materials which could help a candidate (e.g., physical books, physical calculator, dictionary, wrist watch/smartwatch).
    • Cheat or copy during the exam.
    • Communicate with or attempt to communicate with anyone else during the exam
    • Use handwritten notes or erasable whiteboards.
    • Use online or digital resources (e.g., take digital notes, on-screen calculators, printing, multiple monitors, copy-paste function and print screen).
    • Scan/take pictures, scan/upload documents or record.

7.3 Permitted Items and Candidate Code of Conduct

  • Please read these instructions carefully.
  • Permitted items and candidate code of conduct.
    • Prepare well before the scheduled start time.
    • Do the pre-test before the exam.
    • Provide an original, valid and unexpired photo ID (e.g., driver’s license, military ID, passport, government-issued identity card, student ID etc.).
    • Have on your desk only materials authorised for use (scratch paper, pencil etc.).
    • Read carefully and follow all written instructions on your device.
    • Make sure you have a working microphone and webcam.
    • Make sure you have a strong internet connection.
    • Candidates need to be in a private room.
    • A hard surface to work on is required.
    • Short breaks in between modules are allowed.
    • Food and drinks (in a clear glass/bottle) in between modules are allowed.

8. Post-Online Assessment Regulations

8.1 Results

  • Results are issued according to the product a candidate has chosen. Further information is found in the product instructions. Score ranges differ for each product.
  • Swiss Exams GmbH may withhold online assessment results due to rescheduled online assessments, malpractices, documentation discrepancies and technical issues.
  • Certificates are handled differently for every product. Further information can be found in the instructions of the product booked by a candidate.
  • The instructions of a product that is booked by a candidate are in the candidate’s receipt that is sent via e-mail.

8.2 Feedback and Complaints

  • Swiss Exams GmbH values candidate feedbacks and we take complaints very seriously and investigate them in a professional manner.
  • If a candidate wishes to make a complaint about an online assessment day experience, he/she must file a complaint on the assessment day or latest within 1 Business Day of taking the exam. Complaints about the online assessment day must be submitted in writing.
  • After submitting his/her statement, the candidate will receive an e-mail acknowledging the receipt of his/her complaint. Swiss Exams GmbH will stay in contact with the candidate throughout the investigation period. Once the investigation is complete, he/she will receive an e-mail with the details of the outcome of the investigation. This may take up to 15 Business Days.
  • Any appeal against the outcome of the investigation follows the procedure of the appeals policy of these SES Terms and Conditions.

8.3 Re-Marking

  • Requests for re-marking are not accepted.
  • Swiss Exams GmbH does not provide feedback on a candidate’s online assessment performance.
  • Information about performance is limited to a candidate’s scores. Swiss Exams GmbH does not give any completed online assessments back to the candidates.

9. Appeals Policy

9.1 General Remarks

  • The appeals process focuses on whether the complaints policy was correctly implemented, that data policies were adhered to and exam procedures were carried out correctly by:
    • Ensuring proper communication with the candidate in a timely matter
    • Ensuring the assessor(s) carried out the relevant process in accordance with the marking criteria.
    • Ensuring that the personal data on the SES account of candidates is stored safely (and only) in Swiss Exams Access, MS Dynamics and Metrica.
  • The appeal process does not involve re-marking or the reassessment of the candidate’s online assessment. If, however, it is found that the proper procedures were not implemented correctly, this may be a result of it.
  • Swiss Exams GmbH is not liable for improper data storage by third parties. If, however, it is found that data storage regulations/laws were not properly implemented, Swiss Exams GmbH will take the corresponding measures to ensure this is corrected and that it will not happen again.
  • If such a discovery of failure in one of our processes is discovered, we will take the necessary measures to make sure this will not happen again.

9.2 Appeals Process

  • Swiss Exams GmbH has two stages during an appeal’s process. Stage 1 is the Swiss Exams GmbH appeal and Stage 2 is the Swiss Exams GmbH External Exam Board appeal.
  • Stage 1: Swiss Exams GmbH
    • A person needs to appeal via e-mail and state his/her case in detail.
    • This must be done within 7 Business Days after the online assessment/online language course took place.
    • The Swiss Exams Operation Department will investigate, assess and make a decision. This can take up to 14 Business Days.
  • Stage 2: Swiss Exams GmbH External Exam Board
    • The candidate can appeal against the decision made in Stage 1. This must be done within 5 Business Days after the decision of Stage 1 has been communicated to the respective person.
    • In this case the Swiss Exams GmbH External Exam Board will re-assess the case.
    • Candidates understand that there is no appeal to Stage 2 and the case will then be closed.
  • If a case requires an appeal to the Swiss Exams GmbH External Exam Board, both appeals happen simultaneously. The appeal process of the Swiss Exams GmbH External Exam Board takes precedent over a decision made by the Swiss Exams GmbH appeal.

10. Copyright, Privacy, Children and Terms and Conditions

10.1 Copyright

  • Swiss Exams GmbH holds the copyright of all our product material. Our product materials must not be reproduced without the permission of Swiss Exams GmbH.
  • Swiss Exams GmbH holds the right to not give out any written or completed product material.
  • Swiss Exams GmbH does not allow candidates to view his/her online assessment answers or any other material done as part of the online assessments and/or online language courses on the SES website.

10.2 Privacy and Children

  • Swiss Exams GmbH respects the privacy of SES website users/customers/candidates and recognises the importance of protecting the information that SES website users/customers/candidates provide for us.
  • Our services are only provided to children with parental or guardian consent in accordance with applicable law. If there are indicators that a child has provided their information to Swiss Exams GmbH without parental or guardian consent, please contact Swiss Exams GmbH immediately, to ensure that we can take the necessary steps to delete the data.
  • More information can be found in the SES Privacy Policy.

10.3 Terms and Conditions

  • Swiss Exams GmbH reserves the right to modify these SES Terms and Conditions.
  • SES Terms and Conditions are modified regularly.
  • Swiss Exams GmbH ensures that these SES Terms and Conditions are available on our website for our candidates at all times.
  • By booking a product on the SES website, candidates acknowledge that they have read, understood and accept to be bound by the SES Terms and Conditions.

11. Contact Details

  • Our main office is at Zürcherstrasse 46, 8400 Winterthur in Switzerland
  • For further inquiries please contact us at info@swiss-exams.ch.