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Terms and conditions

Terms and Conditions

1. General:

1.1 These terms and conditions (the "Terms") shall apply to all examinations booked by a Training Provider (the “TP”) or by a Company (for the purpose of this contract the “TP”), including on behalf of a candidate (the “Candidate(s)”), with ISQI, Inc. (“iSQI”) whose address is at Prudential Tower, 16th Floor, 800 Boylston St., Boston MA 02199, USA, represented by Stephan Goericke, General Manager and company registration number 001130839.

1.2 These provisions shall apply to all transactions between the parties even if the parties do not specifically refer to them. In the event that a TP seeks to impose its terms and conditions on the relationship between the parties, iSQI objects to the application of any such conditions.

1.3 The TP will insure that the Terms and Conditions for Candidates are passed down to the Candidate; iSQI will not be liable for any failure by the TP to do so that may result in the Candidate not being eligible for the examination or for award of a certification.

1.4 Where a Candidate takes an examination via Pearson VUE using a voucher provided by iSQI to the TP, additional terms may apply from Pearson VUE in addition to the iSQI terms.

1.5 Where a Candidate takes an examination via the iSQI on-line testing platform, including with a remote proctor (iSQI FLEX) then additional terms may apply in addition to the iSQI terms.

1.6 iSQI retains the right to refuse entry to any examination should a Candidate not comply with the Terms; if a Candidate appears for an examination and is found to be non-compliant then iSQI, at its sole discretion, reserves the right to refuse entry to the examination or not to award the certification.

2 Booking and Candidate registration for an examination, conclusion of contract

2.1 The detailed booking procedure that must be adhered to by the TP for the respective examinations (for delivery via all formats whether paper or electronic examinations) is available, by e-mail to certification@isqi.org or by contacting our certification department directly by telephone.

2.2 The TP must register a Candidate(s) in writing with a legally binding signature, including via e-mail or fax, no later than 10 working days before the examination date booked by the TP unless otherwise agreed with iSQI. This registration order is a legally binding offer from the TP. ISQI may accept or reject the TP’s registration order at its sole discretion. By placing an order, the TP accepts the Terms as a solely relevant basis for the legal relationship with iSQI. iSQI will confirm the receipts of the order but this does not constitute a binding acceptance of the order.

2.3 Where the TP makes an examination booking but does not register actual Candidates then the conditions in 2.2 shall apply.

2.4 Where the required registration documentation is not complete, iSQI (or its authorized representative may refuse to accept the TP booking for an examination or refuse a Candidate entry to the examination.

2.5 Registration documentation may include specific requirements mandated by a third party who own the IP in the examination or who are the regulator for a certification scheme and who have licensed iSQI to deliver the examinations (iSQI should be contacted if the TP is aware of any such requirements).

2.6 The Candidate must assure that the information provided in the documentation to the TP is true and accurate; iSQI reserves the right to refuse entry to the examination if the information provided is inaccurate or incomplete.

3. Eligibility:

3.1 Where there are specific eligibility criteria for an examination, including pre-requisites, the Candidate must insure that these have been achieved and can evidence this if requested by iSQI.

3.2 In the event a Photo ID (which may be a passport, ID Card, photo driving license) is required to be provided by the Candidate prior to taking the examination then such proof must be presented at the time of entry to the examination or the Candidate will be refused entry to the examination and no reimbursement of fees will be made.

3.3 In the event that a Candidate is not eligible for an examination the TP will be charged the standard examination fee by iSQI.

4. Special Allowances:

4.1 iSQI has a Disability Policy, which is available upon request. The Disability Policy explains the arrangements in place to provide reasonable assistance to Candidates for equal access to all. A Candidate may be eligible for an extra time allowance if the language of the examination is not the first language of the Candidate. ISQI will apply, without exception, the rules relevant to the specific examination (these rules can be obtained from iSQI or the relevant awarding body). The Candidate must submit an application for an extra time allowance via the TP.

5. Data Use and Data Protection:

5.1 Personal data provided by the Candidate will be processed and stored electronically in compliance with relevant and current [US] Data Protection Laws solely for the purpose of the certification process and administration.

5.2 Personal Data may only be shared with a third party, as necessary, in order for iSQI to provide the examination/certification.

5.3 ISQI reserves the right to create user profiles with pseudonyms based on customer data, for advertising, market research or customized presentation. The Candidate has the right to object to this use at any time.

5.4 Candidate results will only be shared with the TP if the Candidate has given express written permission to release the results to the TP.

5.5 The Candidate is entitled to information about saved personal data at any time and to have data corrected, blocked or deleted.

5.6 Questions on collection, processing or use of personal customer data for information, correction, blocking or deleting data and revocation of consents granted, can be directed to the provider’s address given in paragraph 1 of this document.

6. Fees and Terms of Payment:

6.1 The examination fees agreed with the TP by iSQI (contractually or by valid quotation) at the date of registration shall apply. All stated prices are net prices and subject to statutory value added tax.

6.2 If a purchase order is required, the TP shall insure that this is done in a timely manner with the booking so as not to delay the iSQI invoicing process.

6.3 The iSQI invoice must be settled immediately and without any deduction. Any expenses for travel, overnight accommodation, meals and other costs are – unless they are an agreed price component for the examination concerned – to be paid by the TP or the Candidate(s).

6.4 .If the TP defaults on payment, iSQI shall be entitled to demand interest as contractually specified or at 10% interest rate per annum on the defaulted payment. TPs shall have the right to offset payments only if the TPs counterclaims are legally enforceable, undisputed or have been acknowledged by iSQI. Furthermore, the TP shall be authorised to exercise a right of retention in so far as the counterclaim is based on the same contractual relationship.

7. Services:

7.1 The following services are included in the examination fees:

7.1.1 For examinations with an invigilator (paper-based or on line):

- Provision of exams, paper-based or digital

- An electronic certificate (pdf)

- Invigilation (in accordance with ISQI minimum number of Candidates requirements)

7.1.2 For examinations at a Pearson VUE Center:

- The examination at the Person VUE Center chosen by the Candidate

- An electronic certificate (pdf)

7.1.3 For examinations on line (not Pearson VUE) with remote proctor:

- Browser based access to the exam

- the fee for the remote proctor

- An electronic certificate (pdf)

7.2 The following services are not included and will be charged in advance:

7.2.1 Handling of a complaint or an appeal. There will be a charge of 130 USD (exc. Applicable taxes) – where the complaint or appeal is upheld then this will be refunded.

7.2.2 Paper certificate which are available from certifications@isqi.org for a fee of 10 USD (exc. Applicable taxes) will be applicable.

7.2.3 Administrative and delivery fee for issuing a new certificate: 40 USD (exc. Applicable taxes).

8. Withdrawal / cancellation

8.1 Cancellations must be notified and/or submitted in due time before the examination date in writing, by fax or e-mail. There is no charge if they are received at ISQI no later than 7 days before the examination date. Proof of due cancellation within the meaning of these provisions is the responsibility of the TP. The full fee for the booked examination will remain payable for any cancellations at a later date, or in case of non-attendance.

8.2 iSQI reserve the right to cancel certification examinations at short notice, especially if the number of participants is less than 6 persons for the respective date. In this case, the TP is entitled to withdraw the Candidate from free of charge. In such circumstances the TP will be responsible for any refunds due to the Candidate(s) who have made payments to the TP. At the same time, ISQI shall endeavor to book the TP or Candidate a replacement appointment at the next available date. No further claims will be accepted.

9. Appeals and Complaints

9.1 Where a Candidate wishes to appeal or complain about any aspect of the examination itself, the TP should direct the Candidate to iSQI. All other complaints and issues are the sole responsibility of the YP. iSQI shall have no liability for complaints or issues pertaining to the TP or its services.

9.2 In the eventa Candidate wishes to appeal an examination result, the TP should direct the Candidate to iSQI.

10. Force majeure

10.1 In the event of the cancellation of a certification examination due to the illness of a staff member of iSQI, force majeure, or other circumstances and events beyond the control of iSQI, there is no entitlement to implementation of the event. In such cases, iSQI has no obligation to reimburse travel or accommodation costs or loss of working time. If the certification examination is cancelled, the customer / participant will be informed at once. If the event is rescheduled, the right to reimbursement remains in effect.

10.2 This includes malfunction of internet based services for on line exams (known also as SMEX and FLEX). In case of announced interruptions, ISQI will make every effort to inform the TP in advance.

11. No Warranties

All services and information provided by iSQI including through our website, is provided on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to any implied warrantied of merchantability, fitness for a particular purpose, accuracy, and non-infringement. iSQI makes no warranty as to the accuracy, completeness, currency or reliability of any content made available including through our website.

The TP is responsible for verifying any information before relying on it. Where a TP uses the iSQI website, the content is at used at the TPs sole risk and iSQI makes no representations or warranties that use of the website will be uninterrupted or error-free. The TP is responsible for taking all necessary precautions to insure that any content that may be obtained from the website is free of viruses. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

12. Limitation on Damages

To the maximum extent permitted by applicable law, in no event shall iSQI be liable for any special, incidental, punitive, indirect, or consequential damaged whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet and duty including of good faith or of reasonable care, for negligence, and for any other pecuniary of other loss whatsoever) arising out of or in any way related to the use of, or inability to use, the services provided by iSQI. This includes the provision of or failure to provide support or other services or information, software and related content or otherwise arising out of the use of the iSQI services or otherwise under or in connection with any provision of these terms and conditions even in the event of fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach or warranty of us, and even if we have been advised of the possibility of such damages.

13. Intellectual Property Rights

All content including that provided on the iSQI website is protected by [US] and foreign trademark and copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in the iSQI website without our prior written permission except for a person’s own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of iSQI or any third party. Unauthorized use of any iSQI trademark, service mark or logo may be a violation of applicable trademark laws.

14. Liability

iSQI is liable only in cases of intent and gross negligence. This restriction does not apply for losses on the basis of the breach of contractual obligations, which result from a malicious deception or which result from an injury to life, limb or health. The right to claim compensation in lieu of performance is not affected. Claims for compensation against iSQI become time-barred after 12 months from the date of origin, unless they are based on unauthorised or deliberate action. The limits and exclusions of liability agreed under this contract also apply for the personal liability of the representatives, employees and vicarious agents of iSQI.

15. Safety

All participants in examinations are obliged to comply with the house rules and all safety provisions in force at the site of the examination. iSQI is not responsible for advising the Candidate of any such rules and will not be liable for the Candidates failure to abide by these rules..

16. Miscellaneous

If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect. Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision. The law of the Commonwealth of Massachusetts shall govern these terms and conditions, without reference to its choice of law rules. By using iSQI you consent to the jurisdiction of the courts of the Commonwealth of Massachusetts.

17. Questions

If you have any questions about these Terms and Conditions of Use, please contact us at isqi@isqi.org.

18. Other provisions

Additional or divergent agreements, alterations and additions to these terms and conditions must be made in writing. Should any individual provision of these general terms and conditions of business be invalid, this shall not affect the validity of these general terms and conditions of business. Place of performance and jurisdictional venue is Boston, USA.