Terms and Conditions
Skills Guarantee
 

Our Guarantee

To demonstrate the confidence we have in our training and Pro Certification programs, TestOut Corporation will pay to any company hiring an IT professional who has obtained a qualifying Pro Certification from TestOut up to $1,000 if that IT professional does not have the IT skills that we certified under the applicable Pro Certification.

When the Guarantee Applies

Our skills guarantee applies when the IT professional that you hired:

  1. Has provided you with a written copy of the professional’s TestOut Pro Certification Skill Guarantee Certificate that has been signed by TestOut acknowledging that the professional completed and passed the applicable TestOut course work and Pro Certification Exam at a qualifying academic institution;
  2. Has been hired as a part-time or full-time employee or intern;
  3. Has had 3 weeks or more of employment or internship with you during which the individual had reasonable opportunity to demonstrate the skills applicable to the Pro certification (as such skills are identified in TestOut Pro certification objectives as identified by TestOut, which can be found through the following links:
  4. Has failed to reasonably demonstrate the professional has the material skills to which the Pro Certification applies

The Skill Guarantee applies to all TestOut Pro Certifications except TestOut Desktop Pro.

If the IT professional meets these requirements, subject to the other terms and conditions listed below, you will be entitled to a payment of $1,000 for a IT professional that you hired on a full-time basis and $500 for a IT professional that you hired on a less than full-time basis.

How to Apply for a Guarantee Payment

Please contact [email protected] or 1-800-877-4889 ext. 275 to apply for a guarantee payment. You must apply for the guarantee payment within 90 days of the date you hired the IT professional. You will need to provide the following:

  1. The name of the individual holder of the Skills Guarantee certificate;
  2. A written summary providing:

    1. The IT professional’s employment or internship starting date;
    2. Confirmation the IT professional’s employment as an employee or intern, and the employee’s or intern’s part-time or full-time status; c. The job description of the IT professional;
    3. The job description of the individual;
    4. A description of the IT professional’s failure to demonstrate the skills applicable under the Pro Certification; and
    5. Such other information as TestOut may reasonably request to verify the requirements of the guarantee have been met.

Other Terms and Conditions

  1. The guarantee does not apply if the Pro Certification Skill Guarantee Certificate has been improperly obtained, is forged or is not properly completed.
  2. The guarantee does not apply in the event you are dissatisfied with the IT professional’s abilities or job performance for any reason other than a failure to have the skills applicable to the Pro Certification (such as poor job performance otherwise).
  3. The guarantee payment for an individual is limited to $500 or $1,000 as noted above regardless of the number of Pro certifications the individual may have.
  4. Applications for payment made more than 90 days after the IT professional’s hire date do not qualify for payment.
  5. TestOut Corporation reserves the right to modify this Guaranty in its discretion at any time for from time to time by posting of a modified version of these Terms and Conditions on its website, which modifications will be effective as to any individuals hired on or after the date of such posting.
  6. EXCEPT AS EXPRESSLY PROVIDED IN THIS GUARANTEE DOCUMENT, TESTOUT CORPORATION MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NOR AUTHORIZES ANY OTHER PARTY TO OFFER ANY OTHER GUARANTEE OR WARRANTY ON BEHALF OF TESTOUT CORPORATION, WITH RESPECT TO ITS PRODUCTS, SERVICES OR PRO CERTIFICATIONS OR ANY INDIVIDUAL HIRED BY YOU. TESTOUT CORPORATION EXPRESSLY DISCLAIMS ALL GUARANTEES AND WARRANTIES NOT STATED IN THIS DOCUMENT. TESTOUT IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO, DIRECT DAMAGES, ACTUAL DAMAGES, LOST PROFITS, INDIRECT DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES. OTHER THAN FOR THE PAYMENTS SPECIFIED IN THIS DOCUMENT WHEN ALL APPLICABLE REQUIREMENTS FOR SUCH PAYMENT HAVE BEEN MET, IN NO EVENT WILL TESTOUT CORPORATION HAVE ANY LIABILITY TO ANY OTHER PARTY ARISING FROM OR IN CONNECTION WITH ANY INDIVIDUAL HIRED BY YOU OR A TESTOUT PRO CERTIFICATION, PRODUCT OR SERVICE. THE ABOVE LIMITATIONS OF LIABILITY APPLY WHETHER DAMAGES ARE SOUGHT, OR A CLAIM IS MADE, UNDER THIS GUARANTEE OR AS A TORT CLAIM (INCLUDING NEGLIGENCE), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THESE LIMITATIONS OF LIABILITY WILL BE EFFECTIVE EVEN IF TESTOUT CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow exclusions or limitations of damages so the above exclusions and limitations may not apply to you. This Skills Guarantee gives you specific legal rights and you may have other rights which vary from state to state.
  7. The law of the State of Utah, without regard to its conflict-of-laws principles, governs the legal effect, meaning, construction and interpretation of the guarantee provided under this document.

If you and TestOut Corporation are unable to resolve any claim, controversy or dispute regarding the Skills Guarantee, then, by submitting a claim or otherwise relying on the Skills Guarantee, you agree that (i) any dispute, claim, or controversy arising out of or relating to the Skills Guarantee, including its interpretation or validity or the determination of the scope or applicability of this dispute resolution provision, shall be determined by arbitration in Salt Lake City, Utah or in a location mutually agreed to by you and TestOut Corporation, before a single arbitrator, (ii) such arbitration will be solely on an individual basis and not as a class member in any class or representative arbitration proceeding, and (iii) any arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. This clause shall not preclude TestOut Corporation or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.