Terms of Service
Order, Acceptance, and Service
The Order submitted by customer creates a legally binding contract between Customer and Real-IT-Exams Incorporated when Real-IT-Exams Incorporated provides the services requested in the Order. Such contract consists of the Order, the applicable service description, these Terms of Service, and the Acceptable Use Policy. Real-IT-Exams Incorporated reserves the right to refuse any order at its discretion for any reason or no reason. All orders for hosting services for web sites, content, software, and any digitally transmittable material that is deemed of an adult nature will be refused service.
Terms and Termination
Real-IT-Exams Incorporated may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Customer, if Real-IT-Exams Incorporated determines in good faith that Customer's use of the Customer Web site or the Customer Content violates the Acceptable Use Policy.
Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement even if agreement is terminated. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Real-IT-Exams Incorporated may be entitled.
Real-IT-Exams Incorporated dial-up numbers are not available at all locations. It is customer's responsibility to find out where dial-up numbers are available for Customer's use. Real-IT-Exams Incorporated retains no responsibility or liability whatsoever for Customer access to Real-IT-Exams Incorporated dial-up numbers. Customer may incur extra charges from other services to connect to Real-IT-Exams Incorporated dial-up numbers, it shall always be Customer's responsibility to pay for such charges.
Real-IT-Exams Incorporated may be temporarily unavailable from time to time for maintenance, repair, or for other reasons beyond or within the control of Real-IT-Exams Incorporated. Real-IT-Exams Incorporated shall not be liable, and no credit or damages shall be due to You for any interruptions, delays, or errors in service, irrespective of the cause of the same. You acknowledge that Real-IT-Exams Incorporated is not responsible for, and cannot control, the state of connectivity of any internet node(s) other than its own. Real-IT-Exams Incorporated expressly disclaims any and all warranties, including, without limitation, all warranties of merchantability and fitness for a particular use or purpose, in connection with Real-IT-Exams Incorporated. No warranty or promise is made with regard to connection speeds, and You hereby acknowledge the same. You and any user of Real-IT-Exams Incorporated expressly waives any and all damages, whether direct, indirect, incidental or consequential, including damages for lost profits, related the use or misuse of Real-IT-Exams Incorporated or any software provided to You by Real-IT-Exams Incorporated. Use of Real-IT-Exams Incorporated for any prohibited purpose shall give Real-IT-Exams Incorporated the immediate right, without notice, to terminate Your ability to access Real-IT-Exams Incorporated services.
Customer's Representations and Warranties
Customer hereby represents and warrants to Real-IT-Exams Incorporated, and agrees that during the Term Customer will ensure that: (a) Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Real-IT-Exams Incorporated to pay any fees, residuals, guild payments or other compensation of any kind to any Person; (b) Customer's use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any Person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any Person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated; (c) Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; (d) Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, trojan horses and other malicious code; and (e) Customer will use the Services only for business purposes and not for any family, household or personal use, unless otherwise specifically implied by the type of service.
Acceptable Use Policy
Customer will abide by, and utilize the Services and the Customer Web site only in accordance with the Acceptable Use Policy (the "Acceptable Use Policy") that Real-IT-Exams Incorporated posts on its Web site, as such Acceptable Use Policy may be changed by Real-IT-Exams Incorporated from time to time without notice. The Acceptable Use Policy is hereby incorporated herein and made a part hereof by this reference. Customer shall impose the Acceptable Use Policy on its customers and End Users to the extent necessary to ensure their compliance. Customer shall familiarize itself with the Acceptable Use Policy and periodically access Real-IT-Exams Incorporated Web site to determine if Real-IT-Exams Incorporated has made any changes thereto.
Company Intellectual Property
Real-IT-Exams Incorporated hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable Real-IT-Exams Incorporated Technology solely for the purpose of accessing and using the Services. Customer may not use Real-IT-Exams Incorporated Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Real-IT-Exams Incorporated to Customer any Real-IT-Exams Incorporated Technology, and all rights, titles and interests in and to Real-IT-Exams Incorporated Technology shall remain solely with Real-IT-Exams Incorporated. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of Real-IT-Exams Incorporated Technology.
Real-IT-Exams Incorporated's trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Real-IT-Exams Incorporated. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Real-IT-Exams Incorporated. Real-IT-Exams Incorporated shall maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by Real-IT-Exams Incorporated to Customer. Real-IT-Exams Incorporated may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.
Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to Real-IT-Exams Incorporated relating to the Services will be treated as being non-confidential and non-proprietary. Real-IT-Exams Incorporated may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
Company Intellectual Property
Real-IT-Exams Incorporated represents and warrants to Customer that the Services will be performed (i) in a manner consistent with industry standards reasonably applicable to the performance thereof; (ii) at least at the same level of service as provided by Real-IT-Exams Incorporated generally to its other customers for the same services; and (iii) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies Real-IT-Exams Incorporated within 30 days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and Real-IT-Exams Incorporated's sole obligation, for breach of the foregoing warranties shall be for Real-IT-Exams Incorporated, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly Service Fees pro rated by the number of hours in which the Services have been interrupted. Real-IT-Exams Incorporated may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
The foregoing warranties shall not apply to performance issues or defects in the Services (i) caused by factors outside of Real-IT-Exams Incorporated's reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment or any third-party equipment not within the sole control of Real-IT-Exams Incorporated.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Real-IT-Exams Incorporated MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND Real-IT-Exams Incorporated HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. Real-IT-Exams Incorporated DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability
In no event will Real-IT-Exams Incorporated's liability in connection with the Services, ANY SOFTWARE PROVIDED HEREUNDER or ANY ORDER, whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed THE aggregate Service Fees paid to Real-IT-Exams Incorporated by Customer during the 12-month period immediately preceding the event giving rise to such liability.
Real-IT-Exams Incorporated cannot GUARANTEE continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet. Real-IT-Exams Incorporated will not be liable for any unauthorized access to, or ANY corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content transmitted, received or stored on its system.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL be liable in any way to THE OTHER PARTY OR ANY OTHER PERSON for any lost profits or revenues, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES or similar economic loss, or for any PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, consequential OR SIMILAR damages OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, arising out of or in connection with the performance or non-performance of ANY ORDER, OR (EXCEPT AS PROVIDED IN SECTIONs 11 AND 12) FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER it HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
Indentification of Company
Customer shall defend, indemnify and hold harmless Real-IT-Exams Incorporated, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the "Company Indemnitees"), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys' fees) which any of Real-IT-Exams Incorporated Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer Web site or any End User's use of the Customer Content or the Customer Web site, (iii) violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer's domain names, the Customer Web site, the Customer Content, or the use of the Services in combination with hardware, software or content not provided by Real-IT-Exams Incorporated, (v) claims or actions by third parties relating to or arising out of Customer's use of the Services, and (vi) any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware or software used by Real-IT-Exams Incorporated to provide the Services, including any damage to Real-IT-Exams Incorporated's servers or other hardware caused thereby.
Each party will not, without the prior written consent of the other party, use or disclose to any Person any Proprietary Information of the other party disclosed or made available to it, except for use of such Proprietary Information as required in connection with the performance of its obligations or use of the Services hereunder. Each party will (i) treat the Proprietary Information of the other party as secret and confidential, (ii) limit access to the Proprietary Information of the party to those of its employees who require it in order to effectuate the purposes of this Agreement, and (iii) not disclose the Proprietary Information of the other party to any other Person without the prior written consent of the other party.
The following shall not be considered Proprietary Information: (i) any information that the receiving party can demonstrate by written documentation was within its legitimate possession prior to the time of disclosure by the disclosing party; (ii) any information that was in the public domain prior to disclosure by the disclosing party as evidenced by documents that were published prior to such disclosure; (iii) any information that, after disclosure by the disclosing party, comes into the public domain through no fault of the receiving party, (iv) any information that is disclosed to the receiving party without restriction by a third party who has legitimate possession thereof and the legal right to make such disclosure; or (v) any information that, two years after expiration or termination of this Agreement, does not constitute a trade secret under applicable law.
Each party acknowledges that disclosure of any aspect of the Proprietary Information of the other party shall immediately give rise to continuing irreparable injury to the other party inadequately compensable in damages at law, and, without prejudice to any other remedy available to the other party, shall entitle the other party to injunctive or other equitable relief. Upon expiration or termination of this Agreement for any reason, each party shall promptly return to the other party all Proprietary Information of the other party (including all copies thereof) in its possession or control.
During the term of this Agreement and for two years following expiration or termination of this Agreement, Customer will not, directly or indirectly, solicit or recruit the services of any employee of Real-IT-Exams Incorporated performing services under this Agreement, while such employee is employed by Real-IT-Exams Incorporated and for a period of six months after such employee has left the employment of Real-IT-Exams Incorporated.
Customer must provide Real-IT-Exams Incorporated with any information, login identifications, passwords or other information or access to facilities that Real-IT-Exams Incorporated may reasonably require to provide the Optional Services Real-IT-Exams Incorporated will have no responsibility for any delays or increased costs or expenses associated with Customer's failure to provide any of such information. If Customer does not provide any such information or access requested by Real-IT-Exams Incorporated within fifteen (15) days of Real-IT-Exams Incorporated's request therefore, Real-IT-Exams Incorporated may terminate the Order and retain any Service Fees paid.
If Customer requested that Real-IT-Exams Incorporated perform the Optional Services by a particular deadline or that Real-IT-Exams Incorporated achieve some particular result or outcome, Real-IT-Exams Incorporated will use commercially reasonable best efforts to perform the Services by any such deadline and achieve the result requested by Customer; provided, however, that (i) Real-IT-Exams Incorporated's ability to perform the Services is subject to Customer's provision of information and access as provided above and (ii) Real-IT-Exams Incorporated has no liability or obligation to complete the Services by any deadline or achieve any particular outcome or result.
If Customer wishes to convey documents or files to Real-IT-Exams Incorporated, Customer should deliver to Real-IT-Exams Incorporated a copy or duplicate of such documents or files and not the original copy. Real-IT-Exams Incorporated will not return to Customer any documents or files conveyed to Real-IT-Exams Incorporated.
Real-IT-Exams Incorporated will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Real-IT-Exams Incorporated's provision of Optional Services requested by Customer.
Independent Contractor. Real-IT-Exams Incorporated and Customer are independent contractors and nothing contained in this Agreement places Real-IT-Exams Incorporated and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Texas, except that all arbitration and related proceedings including without limitation confirmation proceedings, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et. seq. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement THAT IS NOT SUBJECT TO MANDATORY ARBITRATION PURSUANT TO SECTION BELOW must be brought in a Texas state or federal court located in Wichita county, Texas, and each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
Mandatory Arbitration. Notwithstanding Section above, each party agrees that any dispute between the parties arising out of this Agreement or in any manner relating to the Services must be submitted by the parties to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as administered by Resolutions Resources Corp. of Atlanta, Georgia (or such other recognized provider of arbitration services agreed upon by both parties) before a single arbitrator, appointed in accordance with such rules. Any such arbitrator must render a reasoned opinion in writing only where the amount in dispute exceeds $100,000. Judgment upon the award may be entered in any court having jurisdiction thereof. Any such arbitration will be held in Atlanta, Georgia. Any action filed by either party in any court in violation of this Section should be dismissed pursuant to this Section.
Headings. The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Real-IT-Exams Incorporated, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and Real-IT-Exams Incorporated. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Real-IT-Exams Incorporated in its sole discretion, which modifications will be effective upon posting to Real-IT-Exams Incorporated's web site.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Real-IT-Exams Incorporated may give written notice to Customer via e-mail to the Customer's e-mail address as maintained in Real-IT-Exams Incorporated's billing records.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Real-IT-Exams Incorporated. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Real-IT-Exams Incorporated may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Real-IT-Exams Incorporated's records of such execution shall be presumed accurate unless proven otherwise.
Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Marketing. Customer agrees that during the term of this Agreement Real-IT-Exams Incorporated may publicly refer to Customer, orally and in writing, as a customer of Real-IT-Exams Incorporated. Any other public reference to Customer by Real-IT-Exams Incorporated requires the written consent of Customer.
For purposes of this Agreement, the following terms have the meanings specified below:"Agreement" means each contract created between Real-IT-Exams Incorporated and Customer for the provision of Services consisting of an Order, the applicable Service Description and these Terms of Service.
"Customer Content" means all data, graphics, text, names, marks, logos, hypertext links to other Web sites and other information incorporated in, transmitted through or published or displayed on the Customer Web site.
"Customer Web site" means Customer's site on the World Wide Web portion of the Internet that Real-IT-Exams Incorporated hosts under this Agreement.
"End User" means any Person who accesses or uses the Customer Web site via the Internet.
"Company Technology" means Real-IT-Exams Incorporated's proprietary technology, including, without limitation, Real-IT-Exams Incorporated services, software tools, hardware designs, algorithms, software (in source code and object code forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Real-IT-Exams Incorporated or licensed to Real-IT-Exams Incorporated from a third party), and also including any derivatives, improvements, enhancements, updates, modifications or extensions of Real-IT-Exams Incorporated Technology conceived, reduced to practice or developed during the term of this Agreement by either party.
"Person" means any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association or organization, or government or any agency or political subdivision thereof.
"Proprietary Information" means all technical, business and other information of a party (i) that is not generally known to the public, (ii) that derives value, economic or otherwise, from not being generally known to the public or to other Persons who can obtain value from its disclosure or use, and (iii) which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.
"Order" means the Order submitted by the Customer to Real-IT-Exams Incorporated for Services, whether such Order is submitted online through Real-IT-Exams Incorporated's Web site or on a written Order form.
"Terms of Service" means these Terms of Service, as the same may be modified, altered or amended from time to time by Real-IT-Exams Incorporated.
"Term" means the duration of any Agreement between Real-IT-Exams Incorporated and Customer. With respect to Hosting Services, the "Initial Term" is the initial term specified in the Order and the Term continues beyond the Initial Term for any renewal period as specified in Section 3. . With respect to Optional Services, the "Term" begins when Real-IT-Exams Incorporated accepts the Order and ends on the first to occur of (i) Real-IT-Exams Incorporated's completion of performance, or (ii) the earlier termination of the Order in any manner permitted by these Terms of Service.
"Order Birth date" means the first day in which service for Order is provided by Real-IT-Exams Incorporated