Terms of service

Last updated July 2026

Who these terms are between

These terms are between Perform Data Track ("we", "us") and the organisation using the system ("you"). Where you and we have signed a separate written agreement, that agreement takes precedence over anything on this page.

What the service is

A hosted system for running graded examinations: candidate entries, exam sessions and groups, examiner marking, results, certificates, feedback sheets and exports. We host it, maintain it and support your administrators, teachers and examiners.

We will keep developing it. Occasionally that means a feature changes or is replaced. We will not remove something you depend on without telling you first.

Fees

A one-off setup fee, then an annual fee banded by how many candidates you enter in a year. Current figures are on the pricing page. Your band and fee are confirmed in writing before any work starts, and we will not move you to a higher band mid-year without agreeing it with you.

Fees are invoiced annually in advance. If we ever change our prices, your existing fee holds until your next renewal.

Your data

Your data stays yours. Candidate records, results and everything else you put into the system belong to you. We do not use it for anything other than providing the service to you, we do not use it to train anything, and we do not share it with other awarding bodies.

You are the data controller and we are your processor. How that works in practice is set out on the privacy page. We will enter into a written data processing agreement with you.

You can request an export at any time, in a format you can actually use.

Who owns what

The software, and anything we build into it, remains ours. You get the right to use it for as long as your agreement runs. Your syllabus, your branding and your data remain yours, and nothing here gives us a claim over them.

Availability and support

We aim to keep the system available at all times and to respond to support requests within one working day. Occasionally it will need to come down for maintenance, and we will schedule that away from your exam sessions wherever we can.

We are honest about scale: this is a small operation, not a company with an overnight support desk. If you need a contractual uptime guarantee with penalties attached, say so before you sign and we will tell you plainly whether we can meet it.

Ending the agreement

Either of us can end it at the end of any annual term by giving 30 days' notice before renewal. If you leave, you get a full export of your data first. We will not hold your records hostage, and we will not charge you to get them out.

If either of us breaks these terms seriously and does not put it right within 30 days of being asked, the other can end the agreement immediately.

Liability

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Otherwise, neither of us is liable for indirect or consequential loss, and our total liability in any twelve month period is limited to the fees you paid us in that period.

Governing law

These terms are governed by the law of England and Wales, and its courts have exclusive jurisdiction.

Questions

Ask before you sign, not after. Write to info@performdatatrack.co.uk and you will get a straight answer.