Business Terms of Service
Effective Date: January 1, 2024
1. Introduction
These Business Terms of Service ("Business Terms") govern the use of CertMagic corporate and enterprise subscriptions. By purchasing or using a business subscription, your organization ("Customer," "you," or "your") agrees to be bound by these terms in addition to our standard Terms of Use. These Business Terms apply to all authorized users within your organization.
2. Enterprise Subscription
2.1 License Grant
CertMagic grants your organization a non-exclusive, non-transferable license to access and use our content library for internal business purposes. This license permits training and professional development for your employees and authorized contractors.
2.2 User Seats
Your subscription includes a specified number of user seats as defined in your order agreement. Each seat may be used by one individual user at a time. Seat reassignment is permitted but may not be done more frequently than once per month per seat.
2.3 Subscription Terms
- Enterprise subscriptions are available on annual terms
- Subscriptions automatically renew unless cancelled 30 days before the renewal date
- Additional seats may be added at any time at the pro-rated rate for the remaining term
- Seat reductions take effect at the next renewal period
3. Administrator Responsibilities
The designated administrator(s) for your organization are responsible for:
- Managing user accounts and access permissions
- Ensuring all users comply with these terms and our Terms of Use
- Maintaining accurate user information and promptly removing departed employees
- Serving as the primary contact for billing and support inquiries
- Distributing relevant policies and guidelines to authorized users
Your organization is responsible for all activities conducted under your business account, including actions taken by authorized users.
4. Permitted Use
Business subscriptions may be used for:
- Employee training and professional development programs
- Certification exam preparation for your workforce
- Internal knowledge sharing and skill development initiatives
- Onboarding new employees with technical training
Business subscriptions may NOT be used for:
- Reselling or redistributing content to third parties
- Providing access to non-employees or external contractors not covered by your agreement
- Creating competing products or services
- Any purpose that violates applicable laws or regulations
5. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the business relationship. This includes:
- Pricing and commercial terms specific to your agreement
- Usage data and analytics provided to administrators
- CertMagic proprietary content and methodologies
- Any information designated as confidential by either party
Confidentiality obligations survive termination of the agreement for a period of three (3) years.
6. Payment Terms
- Payment is due within 30 days of invoice date unless otherwise specified in your order agreement
- All fees are non-refundable except as required by law or expressly stated in your agreement
- Late payments may incur interest at 1.5% per month or the maximum rate permitted by law
- CertMagic reserves the right to suspend access for accounts more than 60 days past due
7. Service Level Agreement
For enterprise customers, CertMagic commits to:
- 99.9% platform availability (excluding scheduled maintenance)
- Priority support response within 4 business hours
- Dedicated account management for qualifying subscription levels
- Advance notice of scheduled maintenance (minimum 48 hours)
8. Data Protection
CertMagic processes user data in accordance with our Privacy Policy and applicable data protection laws. For customers requiring specific data processing agreements (DPA) or additional security measures, please contact our enterprise team. We support GDPR compliance and can execute standard contractual clauses upon request.
9. Indemnification
Your organization agrees to indemnify, defend, and hold harmless CertMagic and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) your violation of these Business Terms; (b) unauthorized use of your business account; (c) your users' violation of our Terms of Use; or (d) any third-party claims related to your use of our services.
10. Limitation of Liability
To the maximum extent permitted by law, CertMagic's total liability under these Business Terms shall not exceed the fees paid by your organization in the twelve (12) months preceding the claim. CertMagic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
11. Termination
Either party may terminate the business subscription:
- At the end of the current term by providing 30 days written notice
- Immediately upon material breach that remains uncured for 30 days after written notice
- Immediately if the other party becomes insolvent or enters bankruptcy proceedings
Upon termination, your organization's access to CertMagic services will be revoked, and you must cease all use of our content.
12. Governing Law
These Business Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.
13. Contact Information
For questions regarding business subscriptions or these terms:
Enterprise Sales: business@certmagic.com
Support: care@certmagic.com
CertMagic, Inc.