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Terms & Conditions

As the above registered Proctor of the Manufacturing Skill Standards Council's assessments, I agree to the following terms and conditions:

WHEREAS, MSSC desires to engage the services of Proctor, and Proctor desires to be so engaged, to assist MSSC with proctoring exams and other testing, as defined in Section 3 and as directed by MSSC during the term of this Agreement on the terms and conditions set forth and described herein.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, and for other good and valuable consideration, the Parties agree as follows:

1. Relationship of the Parties.

a. The intent of the Parties in this Agreement is the creation of an independent contractor relationship. MSSC is interested only in the results to be achieved under this Agreement and the parties are not agents or employees of each other for any purpose and are not entitled to any benefits the other may provide for its employees. Nothing herein shall be construed to be inconsistent with this relationship or status.

2. Compliance with Procedures. Proctor agrees that it shall comply with the policies and procedures outlined in the MSSC Proctor Guidelines ("Proctor Guidelines") and any other communication set forth by MSSC, the ordering process as outlined by the Whitener Group and the Security Policy for MSSC Assessments as set forth on Exhibit A.

3. Impartiality/No Conflict. Proctor agrees that it shall comply with the Proctor Guidelines' confidentiality and independence from commercial and other interests provisions, and from any prior and/or present link with the persons to be examined that would compromise impartiality. If Proctor becomes aware of any prior and/or present link with persons to be examined, Proctor shall immediately notify MSSC. MSSC reserves the right to replace the Proctor for that Assessment Site.

4. Confidential Information. Any and all information provided by MSSC to Proctor with regard to the exams and testing shall be "Confidential Information." Confidential Information is defined as, all valuable or potentially valuable information, whether communicated in oral, written, electronic, graphic, photographic, recordable or other form, prior to the behalf of MSSC to Proctor, in connection with the services provided by Proctor, including but not limited to testing or exam models, questions, secrets, codes, procedures, books, pamphlets, and any other information relevant to the testing or exams.

5. Injunctive Relief and Enforcement of Agreement. Proctor hereby acknowledges that unauthorized disclosure or use of Confidential Information may cause MSSC irreparable harm and significant injury which may be difficult to ascertain or adequately compensate in damages in action at law. Accordingly, Proctor agrees that MSSC may have the right to seek immediate injunctive relief, restraining the unauthorized disclosure or use, from any breach of this Agreement, in addition to any other rights and remedies it may have. If MSSC must turn this Agreement over to an attorney for enforcement, Proctor shall pay all of MSSC's attorney and legal fees, including court and litigation costs.

6. Miscellaneous. This Agreement shall be governed by, construed, interpreted and enforced in accordance with the laws of the Commonwealth of Virginia without regard to the conflict of law provisions thereof. All suits, proceedings and other actions relating to, arising out of or in connection with this Agreement shall be submitted to the in personal jurisdiction of the courts of the Commonwealth of Virginia, and venue for all such suits and proceedings and other actions shall be in the Commonwealth of Virginia. This Agreement may be executed in counterparts, both of which taken together shall constitute one single Agreement between the Parties. This Agreement may be executed via facsimile or email, and a facsimile or email copy of either Party's signature shall be deemed and be enforceable as an original. Each party acknowledges that it had an opportunity to consult with independent counsel and should any provision of this Agreement require judicial interpretation, the court interpreting or construing the provision shall not apply the rule of construction that a document is to be construed more strictly against one party. This Agreement sets forth the entire agreement and understanding of the parties and supersedes all prior agreements, arrangements and understandings between the parties hereto. If any provision of this Agreement shall be held to be void or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. Paragraph headings are for convenience only and shall not be deemed part of this Agreement or used to interpret it.

Exhibit A
Security Policy for MSSC Assessments

MSSC requires strict procedures for assessment site security. By accepting delivery of and/or using any MSSC assessment, the recipient acknowledges the professional, legal and ethical responsibility for maintaining assessment security. Federal copyright law prohibits unauthorized reproduction and use of copyrighted materials.

Assessment security involves procedures for shipping, receiving, storing, disseminating and controlling assessment materials, both in hard copy and online formats, and for safeguarding the handling of assessment results. Assessment instruments must only be released to individuals qualified to take part in the assessment program (see restrictions below). If assessment security is compromised in any manner, MSSC reserve the right to take appropriate action. The follow statements constitute MSSC's assessment security requirements:

  • All assessment centers and sites must be approved by MSSC prior to administration of MSSC assessments. MSSC reserves the right to approve or deny sites based upon the information provided at the time of application and based on the performance of the site any time after approval is granted.
  • Assessment sites are liable for the conduct of staff and consultants employed by the site as related to the assessment program, including but not limited to the site Proctor and assessment proctor.
  • If an assessment instrument is compromised, assessment sites will be liable for up to $20,000.00 per offense to offset the development cost of a replacement assessment instrument.
  • Assessment sites have a professional responsibility to report any security breach to MSSC immediately and to respond to requests for further information in a timely manner.
  • Assessment sites must protect the integrity of QuadNet, NOCTI’s online delivery system. Access to password-protected sites should be restricted to the individuals qualified to take part in the local assessment program.
  • Assessment instruments shall not be reproduced, in whole or in part, in any fashion. Reproduction of assessment instruments represents a violation of copyright law.
  • Assessment instruments must not be released or administered to individuals other than those qualified to take part in the assessment program. Restricted individuals include, but are not limited to: instructors, para-professionals, parents and personnel from other school districts.
  • Instructors teaching in the content area for which the assessment instrument will be administered are prohibited from proctoring their own students or students in a similar education al setting during the assessments in both online and paper/pencil formats.
  • Assessments and assessment items (questions) may not be shared with instructors at any time, under any circumstances. Assessment proctors are prohibited from sharing assessment-related content with instructors or any other individual assisting in the classroom.
  • Assessment participants must not have access to assessments or assessment items (questions) until the actual assessment administration commences.


 

 Check here to agree to the above terms and conditions