Terms of Service

PART B - TERMS OF SERVICE

1. Parties and acceptance

These Terms govern access to and use of TestServes, a school-management, CBT, assessment and learning platform operated by BIG H MULTIDYNAMIC VENTURE, a Nigerian sole proprietorship registered with the Corporate Affairs Commission under BN 7829006, of No. 1, Awori Street, off First Gate, LASU-Isheri Road, Ojo, Lagos State, Nigeria ("TestServes", "we", "us" or "our").

The customer is the school, proprietor, organisation or other legal person identified during onboarding ("School" or "Customer"). The person accepting these Terms confirms that the person has legal capacity and authority to bind the Customer. A student or unauthorised staff member cannot purchase a subscription or bind a school.

These Terms, the accepted order or plan, the Data Processing Agreement and policies expressly incorporated into them form the agreement. If they conflict, the signed order or plan controls commercial particulars; the Data Processing Agreement controls processing of school personal data; and these Terms control the remaining service relationship.

2. Service

TestServes may provide a dedicated school portal, user and role management, CBT examinations, question banks, automated objective scoring, manual theory marking workflows, results, attendance, lesson notes, exercises, subscription tools, support and other features stated in the selected plan.

Features, capacity, support and limitations may differ by plan. Beta, trial or preview features may be less reliable and may be changed or withdrawn. TestServes will not materially reduce paid core functionality during a prepaid term without reasonable notice or a suitable remedy, except where required for security, law or prevention of abuse.

3. Onboarding and accounts

The Customer must provide accurate information, nominate authorised administrators and promptly update changes. Accounts are personal to authorised users and may not be shared. The Customer is responsible for assigning appropriate roles, removing departed personnel, protecting credentials and promptly reporting suspected compromise.

TestServes may reject misleading portal names, unlawful branding or subdomains that impersonate another organisation or infringe rights.

4. Customer responsibilities

The Customer must:

use the service only for lawful school and educational purposes;

have authority and an appropriate lawful basis for information uploaded;

provide required privacy notices and obtain verifiable parental or guardian consent where consent is required;

configure accounts according to least privilege;

keep question banks, answer keys, student lists and grading settings accurate;

maintain reasonable device, network and invigilation arrangements;

investigate internal academic complaints and correct school-originated errors;

avoid uploading information that is excessive or unrelated to the service;

cooperate with security, data-rights and regulatory enquiries; and

comply with applicable education, consumer, intellectual-property and data-protection law.

5. Students, parents and school users

Students and staff access TestServes under the authority of the relevant school. The school is responsible for communicating school rules, administering accounts and determining the release of academic content and results. Parent or guardian rights concerning school-controlled records should ordinarily be exercised through the school, with TestServes providing processor assistance where required.

6. Acceptable use

No user may:

attempt unauthorised access, privilege escalation or security testing without written permission;

share answers, impersonate another candidate or interfere with an examination;

upload malware, unlawful content or content that infringes another person's rights;

scrape, overload, reverse engineer or disrupt the service except where a non-excludable legal right permits an activity;

bypass subscription, access or technical restrictions;

use the service to harass, discriminate against or unlawfully monitor another person;

place unnecessary identifying or sensitive student information into an AI feature;

sell or disclose another person's credentials or personal data; or

use TestServes in a way likely to harm a school, student, TestServes or the public.

Reasonable investigation and proportionate account restrictions may follow suspected abuse. Schools should be informed where appropriate unless notification would compromise security, an investigation or a legal duty.

7. Examinations and academic decisions

The Customer controls examination content, schedules, eligible candidates, answer keys, timing, attempt rules, grading, approvals and result release. Automated objective scores depend on the configuration supplied by the Customer. Theory questions require authorised human marking unless a feature clearly and lawfully provides otherwise.

TestServes provides technology and does not guarantee that an examination is error-free, immune from misconduct or suitable for every regulatory purpose. Schools must verify high-stakes settings, keep reasonable contingency procedures and provide a fair method for reviewing credible marking or technical complaints.

8. Availability, maintenance and support

TestServes will use reasonable efforts to provide the service but does not promise uninterrupted availability. Maintenance, internet or electricity failure, customer devices, third-party providers, emergencies and security events may affect access.

Planned maintenance will be notified where reasonably practicable. Support channels, hours and response targets are those stated in the selected plan or support policy. Response targets are goals unless expressly stated as service-level commitments in a signed order.

9. Fees, subscriptions and taxes

The Customer must pay the prices, setup charges, subscription fees and applicable taxes disclosed before purchase or in an accepted order. The order should state the billing period, due date, plan, term, included features and whether renewal is automatic or requires a new payment.

TestServes must not initiate an automatic renewal unless that arrangement and cancellation method were clearly disclosed and validly authorised. Failed, reversed or overdue payment may lead to proportionate restriction or suspension after reasonable notice, except where immediate action is necessary to prevent fraud or loss.

Price changes apply prospectively and will be communicated before renewal. They do not retrospectively alter a fully paid term.

10. Trials

A trial may have limited features, capacity or duration. The applicable trial conditions must be shown before activation. Expiry may place the portal in a restricted state. A trial will not automatically become paid unless the Customer was clearly informed and gave valid payment authorisation.

11. Cancellation and refunds

The Customer may cancel according to the plan and Refund Policy. Cancellation stops future renewal but does not automatically create a refund for service already properly supplied. Nothing in these Terms excludes a refund or remedy required by the Federal Competition and Consumer Protection Act or another applicable law.

If TestServes does not supply a paid service, materially fails to provide it and does not remedy the failure within a reasonable opportunity, or collects a duplicate or erroneous payment, the Customer may be entitled to a refund or other appropriate remedy.

12. Suspension and termination

TestServes may suspend affected access where reasonably necessary for non-payment, material breach, security, unlawful use or protection of users. Except in urgent situations, TestServes will provide notice and a reasonable opportunity to remedy a curable breach.

Either party may terminate for an uncured material breach after written notice and a reasonable cure period, proposed as 14 days. A party may terminate immediately where continued performance would be unlawful or where a serious security or fraud risk cannot reasonably be controlled.

Termination does not remove accrued payment duties, confidentiality, data-protection responsibilities, intellectual-property rights, liability provisions or clauses intended to survive.

13. Data return and deletion

TestServes does not currently provide a self-service data-download feature. Following deactivation, deletion, expiry or termination, the School must contact TestServes support if it needs access to or recovery of its data. TestServes will verify that the requester is authorised before making data available or restoring access where technically possible.

Deactivated or deleted school data is normally retained for two months. If the School does not contact support within that period, TestServes may permanently delete or irreversibly de-identify the data, subject to legal obligations, an active dispute or a documented legal hold. TestServes does not guarantee recovery after the two-month period.

14. Customer content and intellectual property

The Customer and relevant rights holders retain ownership of school records, questions, lesson notes, branding and other content supplied by them. The Customer grants TestServes a limited, non-exclusive licence to host, copy, transmit, display and otherwise process that content only as needed to provide, secure and support the service and comply with law.

The Customer confirms it has the rights necessary to provide the content. TestServes retains all rights in its software, workflows, design, documentation, brand and service materials. No ownership is transferred except as expressly agreed in writing.

Feedback may be used to improve TestServes without identifying confidential school information, provided TestServes does not publish the Customer's name or confidential material without permission.

15. Confidentiality

Each party must protect the other's non-public business, technical, security and educational information using reasonable care and use it only for the agreement. Confidentiality does not cover information independently developed, lawfully obtained without restriction, already public without breach, or required to be disclosed by law. Where lawful, the receiving party should give advance notice of compelled disclosure.

16. Data protection

Each party will comply with applicable data-protection law. Processing of school personal data is governed by the Data Processing Agreement. The Customer must not instruct TestServes to process data unlawfully. TestServes will notify the Customer if, in its reasonable opinion, an instruction infringes applicable data-protection law, unless prohibited from doing so.

17. Third-party services

The service may interoperate with payment, hosting, messaging, AI or other third-party services. Third-party terms may apply to the Customer's direct use. TestServes remains responsible for subprocessors to the extent required by the Data Processing Agreement and applicable law, but is not responsible for an unrelated service selected and controlled solely by the Customer.

18. Warranties and disclaimers

Each party warrants that it has authority to enter the agreement. TestServes warrants that it will provide paid services with reasonable skill and care and substantially according to applicable documentation.

Except for rights and warranties that cannot lawfully be excluded, the service is not warranted to be uninterrupted, completely error-free or suitable for every examination, regulatory or school purpose. TestServes does not warrant the accuracy of content, answer keys or data supplied by the Customer.

19. Liability

Nothing excludes liability that cannot legally be excluded, including liability for fraud or fraudulent misrepresentation, or statutory consumer remedies where applicable.

Subject to that rule, neither party is liable for indirect or consequential loss that was not reasonably foreseeable when the agreement was made. A proposed aggregate contractual cap for TestServes is the fees paid or payable by the Customer during the 12 months preceding the event giving rise to the claim. This cap must be reviewed professionally and should not apply where law requires otherwise, including any liability category expressly carved out in the signed agreement.

The Customer is responsible for losses reasonably caused by its unlawful content, unauthorised instructions, infringement of third-party rights or material breach, subject to applicable law and fair allocation of responsibility.

20. Changes

TestServes may make non-material operational updates by posting an updated version. Material changes affecting paid rights will be notified before taking effect and will not unfairly alter a prepaid term. Where a material change substantially disadvantages the Customer, the Customer may terminate the affected renewal or exercise any remedy required by law.

21. Notices

Contractual notices must be sent through the account, to the Customer's registered email, and to testserves.ng@gmail.com or the registered address stated above. A notice is treated as received when delivery is reasonably confirmed, subject to applicable law.

22. Governing law and disputes

Nigerian law governs the agreement. The parties should first attempt good-faith resolution through authorised representatives. They may agree to mediation. If unresolved, a competent Nigerian court may hear the dispute.

Nothing in this section prevents a data subject from complaining to the NDPC, a consumer from complaining to the FCCPC, or a person from seeking urgent relief or exercising a non-excludable statutory right.

23. General provisions

Neither party may assign the agreement without the other's reasonable consent, except to a lawful successor that assumes the relevant duties. Neither party is responsible for delay caused by events beyond reasonable control, but payment already due and data-security duties remain applicable. Failure to enforce a clause is not a waiver. Invalid provisions will be adjusted or severed to the minimum necessary. The agreement constitutes the entire agreement on its subject and does not create employment, partnership or agency between the parties.