SBP TERMS AND AGREEMENT

This is an Agreement between Standards and Best Practice (“SANDBP”) and the individual, hereinafter referred to as “End User”, “You”, who is viewing this online Agreement.

If the “Accept” button is not present or otherwise disabled, accessing and using the data accompanying this license indicates your acceptance of these terms and conditions. if you do not agree to all the terms and conditions of this agreement, click the “Do Not Accept” button and discontinue. if the “Do Not Accept” button is not present or otherwise disabled, simply do not proceed with any more steps of the process.

This is an Agreement between Standards and Best Practice (“SANDBP”) and the individual, hereinafter referred to as “End User”, “You”, who is viewing this online Agreement.

Read it carefully before accessing the SANDBP computer software of E- learning courses, which contains SANDBP content and content supplied to SANDBP by third parties, along with associated documentation, media, online or electronic documentation, and other content and updates, which all are hereinafter referred to as “SandBP Certifications”.

IMPORTANT: This Agreement provides a license to use SandBP Certifications. You must agree to be bound by the terms and conditions contained in this License Agreement. By accessing the SandBP Certifications, You confirm that you have read and understood this Agreement, accepted it and agreed to become bound by the terms of this Agreement. If You do not agree to any of the terms of this Agreement, You shall not access the SandBP Certifications.

All the SandBP Certifications are copyright of SANDBP and protected against Nigerian copyright laws. SANDBP is the owner of products. The contents of SandBP Certifications are for informational and educational purposes only. All parties involved in the development of SandBP Certifications, including E-learning courses, shall not be liable for any inappropriate use of this information.

Upon your acceptance of all the terms and conditions of this Agreement, SANDBP grants You a license (the “License”) to use and access the SandBP Certifications.

1. LICENSE: Subject to receipt of all appropriate course and certification fees, SANDBP grants You a personal, restricted, non-exclusive, non-transferable, revocable license to access and use the SANDBP Certifications solely for your personal purposes and solely from the SANDBP website. You may access the SANDBP Certifications on multiple devices. You agree that SANDBP will monitor your activities while taking the SANDBP Certifications for compliance with our Examination Security Policy.

2. RESTRICTIONS: The License granted hereunder is personal to You. The certification license granted to you is non-transferable. You may not assign, delegate, or transfer the license to another person to take or use on your behalf. Any attempt to do so will result in the immediate withdrawal or suspension of your certification. You are responsible for maintaining the confidentiality and security of your license, and any unauthorized use or transfer will be considered a violation of this Agreement. You may not reverse engineer, disassemble, decompile, or translate the SandBP Certifications, or otherwise attempt to derive the source code, structural framework or the data records of the Products, or authorize any third party to do any of the foregoing. You may not loan, resell for profit, or distribute the SandBP Certifications, or any part thereof in any way including, but not limited to, making the SandBP Certifications available to any other individual via shared access to a single computer, a computer network, or access information, which may include the log-in name and password or other authentication data for the SandBP Certifications. You may not remove any proprietary notices or labels from the SandBP Certifications. You may not make copies of the SandBP Certifications, copy the printed materials or documentation accompanying the SandBP Certifications or give copies to another person, or duplicate the SandBP Certifications by any other means, including electronic transmission, except as specifically set forth herein. SandBP has restricted You from downloading its Course Materials from its E-learning portal. COPYING OR REPRODUCTION OF THE SANDBP CERTIFICATIONS TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

3. OWNERSHIP: The SandBP Certifications (including but not limited to text and any images, photographs, icons, graphics, animations, video, audio, and all other media incorporated into the SandBP Certifications, all copyrights, patents, patent applications, trade secret rights, trademarks, source code)) are the property of SANDBP and are protected by Nigeria copyright and other intellectual property laws and treaties.The foregoing license gives you limited license to use the SandBP Certifications only under the terms of this Agreement, and SANDBP reserves all rights not expressly granted to You. SANDBP and SandBP Certifications referenced in the SandBP Certifications are either trademarks or registered trademarks of SANDBP. Other product and company names mentioned in the SandBP Certifications may be the trademarks of their respective owners. You shall have no ownership or other right, title or interest in and to the SandBP Certifications, including but not limited to all copyright, and trademark rights, except as provided herein. All such rights have been expressly reserved by SANDBP.You also agree that you will indemnify SANDBP for any and all costs, expenses and damages incurred by SANDBP as a result of your infringement of SANDBP’s intellectual property rights in or to the SandBP Certifications.

4. TERM: Pursuant to the terms and conditions of this Agreement, Your right to access the SandBP Certifications begin on the start date You applied for SANDBP Certifications. The License granted to You to access SandBP Certification is only valid for one (1) year. You agree that sections 2 (“Restrictions”), 3 (“Ownership”), 7 (“Warranty; Disclaimer”), 8 (“Limitation of Liability”), and 11 (“General”) will survive termination of the License granted under this Agreement and expiration or termination of this Agreement.

5. TERMINATION: This Agreement will terminate immediately without notice to You if You breach any term or condition of this Agreement. SANDBP reserves the right to modify or terminate this Agreement, or any of its services and/or product offerings at any time without notice to You. You may terminate this Agreement at any time by notifying SANDBP in writing. Upon receipt of notice of termination, the license shall cease, and You shall immediately destroy, or return to SANDBP the SandBP Certifications in Your possession or control. Further, in the event of a termination or expiration of any agreement between SANDBP and a third-party supplier of content, your right to access and use such content shall expire.

6. THIRD-PARTY SOURCES. You acknowledge that the SandBP Certifications may include information that is proprietary to one or more third party(ies). Such third party(ies) and SANDBP suppliers are third-party beneficiaries of this Agreement with the authority to enforce those portions of this Agreement that are relevant to the agreements they have with SANDBP directly against You.

7. OPEN-SOURCE SOFTWARE. Certain items of software distributed with the SandBP Certifications are subject to “open source” or “free software” licenses (“Open-Source Software”). Some of the Open-Source Software are owned by third parties. The Open-Source Software is not subject to the terms and conditions of this Agreement. Instead, each item of Open-Source Software is licensed under the terms of the end-user license that accompanies such Open-Source Software. You agree to comply with the terms of the applicable Open-Source Software licenses. Nothing in this document limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for the Open-Source Software. In particular, nothing in this document restricts Your right to copy, modify, and distribute that Open-Source Software subject to the terms of the Public Licenses listed above. As required by the terms of the Public Licenses, SANDBP makes the Open-Source Software provided under the Public Licenses, and SANDBP’s modifications, if any, to that Open-Source Software, available by written request to the following address and upon payment of the cost of distribution: Standards and Best Practice, 63, Kudirat Abiola Way, Oregun, Lagos.

8. CONTENT MAINTAINED BY SANDBP. You acknowledge and agree that:
   1. SANDBP may, from time to time, select to update the SandBP Certifications, but SANDBP does not warrant or guarantee that any SandBP Certifications will be updated, or that any updates will be made available to You, at any time during the term of this Agreement.
   2. SANDBP does not assume, and expressly disclaims, any obligation to obtain and include any information in the SandBP Certifications.
   3. SANDBP is not advocating the use of any product described in the SandBP Certifications (or elsewhere), nor is SANDBP responsible for misuse of a product due to typographical or other errors in the SandBP Certifications, Your negligence or otherwise.

9. Examination Integrity and Confidentiality: By registering for and taking any examination or assessment provided by SandBP, You agree to the following:

• Maintain the confidentiality of all examination materials, including questions, answers, and any other information related to the examination.
• Not disclose, reproduce, or distribute any examination materials, in whole or in part, to any individual or entity.
• Not engage in any fraudulent or unethical behavior, including but not limited to:
• Attempting to gain unauthorized access to examination materials.
• Collaborating with others during the examination.
• Using unauthorized materials or devices during the examination.
• Impersonating another individual or allowing another individual to impersonate them.
• Comply with all instructions and rules provided by the examination proctor or administrator.

9.1 Consequences of Non-Compliance

Candidates who violate these terms may be subject to:

• Invalidation of their examination results.
• Disqualification from future examinations.
• Legal action, including criminal prosecution.

10. LIMITED WARRANTY and DISCLAIMER. SandBP warrants that the training and certification services provided will be performed with reasonable care and skill. However, SandBP makes no warranty, express or implied, that the services will meet all of the candidate’s requirements or that the services will be error-free or uninterrupted. To the maximum extent permitted by applicable law, SandBP disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  In no event shall SandBP be liable for any damages, including but not limited to incidental, consequential, or punitive damages, arising out of the use or inability to use the training and certification services, whether based on breach of contract, tort (including negligence), or any other legal theory.

11. LIMITATION OF LIABILITY. In no event shall SandBP be liable for any damages, including but not limited to:

• Incidental damages
• Consequential damages
• Punitive damages
• Lost profits
• Business interruption
• Loss of data
• Computer failure
• Or any other indirect damages

Arising out of or in connection with:

• The examination and assessment services
• Any errors or omissions in the services
• Any breach of these Terms and Conditions

SandBP’s total liability for any damages shall be limited to the amount of fees paid by the candidate for the specific certification service that gave rise to the claim.

1. NON-DISCLOSURE. SANDBP shall keep strictly confidential and shall not disclose, or cause or permit to be disclosed, to any person or entity, the Confidential Information, except to those officers, employees or other authorized agents and representatives and professional consultants of SANDBP to whom disclosure is reasonably necessary in connection with the Certification and who shall agree to be bound by the terms of this Agreement, and except as otherwise consented to in writing by the non-disclosing party.
2. SANDBP shall take all actions reasonably necessary to ensure that the Confidential Information remains strictly confidential and is not disclosed to or seen, used, or obtained by any person or entity except in accordance with the terms of this Agreement. SANDBP agree not to contact any employees, applicants, or its affiliates with respect to the Certification or for the purpose of obtaining information for use in evaluating the Certification, without the applicants or individual concerned prior written consent.

In the event that either party is requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process or by any law, rule or regulation of any governmental agency or regulatory authority) to disclose any of the Confidential Information, such party shall provide the other party with prompt written notice of any such request or requirement so that such other party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. If, in the absence of a protective order or other remedy or the receipt of a waiver, and if one party is nonetheless, legally compelled to disclose Confidential Information, such party may, without liability hereunder, disclose to such tribunal only that portion of the Confidential Information which such counsel advises it is legally required to be disclosed, provided that such party shall use its best efforts to preserve the confidentiality of the Confidential Information, including, without limitation, by cooperating with the other party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded the Confidential Information by such tribunal.

13. GENERAL

13.1 GOVERNING LAW AND VENUE. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of Nigeria and Canada. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced in a Nigerian/Canadian court in Lagos or Ontario Jurisdiction.

13.2 PRIVACY. SANDBP’s current privacy policies, available at the SANDBP website are incorporated herein by reference.

13.3 WAIVER. The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

13.4 ASSIGNMENT. Neither this Agreement nor any of Your rights or obligations hereunder may be assigned by You in whole or in part without the prior written approval of SANDBP. Any assignment of rights or delegation of duties in derogation of the foregoing Agreement shall be null and void.

13.5 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.

13.6 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between SANDBP and You, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a subsequently dated written amendment or exhibit signed by both parties by their duly authorized representatives.

13.7. REFUND POLICY: The refund policy that applies to You is the SANDBP Satisfaction Guarantee, which is published on the SANDBP Website. SANDBP Product is a digital product and after purchasing it if You do not pass the exam or if You ask for refund then no-refund will be given to You.

13.8 REATKE POLICY

13.9 CANCELLATION NOTICE: You may cancel this contract and receive a full refund of course fee paid to date if cancellation is made in writing to SANDBP and mailed/delivered to the SANDBP at the address stated herein within three (3) business days after the date of acceptance. (A different refund policy may apply to you if you are using the SANDBP Information subject to a contract between your organization and SANDBP or a SANDBP distributor. In that case you should contact the appropriate person within your organization to inquire about the refund policy that applies to you.)

13.10 JOB PLACEMENT DISCLAIMER: SANDBP does not guarantee job placement upon completion of program/course.

• COMPLAINT AND APPEAL PROCEDURE:

14.1. If you are dissatisfied with the services that SANDBP has provided for you, you may direct your written complaint and appeal to: certification@sandbp.net

While submitting your complaint or appeal, please provide a detailed explanation of your issues including contact information where you can be reached. You will be contacted to discuss an agreeable resolution.

14.2. You acknowledge that, in providing You with the SandBP Certifications, SANDBP has relied upon your consent to be bound by the terms of this Agreement. You further acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement. This Agreement is not, however, intended to limit any rights that SANDBP may have under trade secret, copyright, patent, or other laws that may be available to it.

THE SANDBP CERTIFICATIONS ARE PROTECTED BY NIGERIAN COPYRIGHT LAW. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

15. AGREEMENT

By registering for and taking any examination or assessment, you acknowledge that you have read, understood, and agreed to these terms.

Standards and Best Practice, 2024. All Rights Reserved. Standards and Best Practice is a trademark, used under license in Nigeria and other countries.