Version dated: 01.06.2017
General terms of business of the iSQI Group for personal customers/ B2C and business customers/ B2B
Table of contents
Table of contents
General terms of business of the iSQI Group for personal customers/ B2C
A. General
Section 1 Preamble
Section 2 Definitions
Section 3 Use of data; data protection
Section 4 Electronic communication; the written form requirement
Section 5 Registration for examinations, online training or face-to-face training; conclusion of contract
Section 6 Payment conditions
Section 7 Cancellation policy
Section 8 Liability
Section 9 Copyright and trademark law
B. Examinations
Section 1 Admission to participate in examinations
Section 2 Certification examinations
Section 3 Viewing the examination
Section 4 Services
Section 5 Withdrawal, cancellation, postponement
Section 6 Force majeure
Section 7 Copyrights
Section 8 Security
Section 9 Electronic examinations
C. Online training
Section 1 External products
Section 2 Role of iSQI with external products
Section 3 Online training courses
Section 4 Miscellaneous
D. Face-to-face training
Section 1 External products
Section 2 Role of iSQI with external products
Section 3 Face-to-face training courses
Section 4 Miscellaneous
E. Closing conditions
Section 1 Right of amendment
Section 2 No waiver
Section 3 Choice of law, Miscellaneous
A. General
Section 1 Preamble
These general terms of business form the basis for all legal relationships formed between the iSQI Group (hereinafter also 'iSQI' or 'the provider') and its personal customers (hereinafter also: 'the customer').
The iSQI Group includes iSQI GmbH (headquarter), Voltastr. 1, 14482 Potsdam, entered in the Potsdam register of companies HRB 26111 and represented by its director Stephan Goericke and the subsidiary iSQI B.V., Prof. J.H. Bavincklaan 2-4, 1183 AT Amstelveen, Netherlands, represented by its director Erika Paasche, registered under KvK number 59491558 and the subsidiary iSQI Ltd., 71-75 Shelton Street, WC2H 9JQ London, United Kingdom, represented by its director Deborah Archer, registered under Company No: 09364136 and the subsidiary iSQI Inc., 361 Newbury Street, Fifth Floor, Boston MA 02115, United States of America represented by its director Stephan Goericke and registered under DUNS No. 079921096.*
*The contracting party is the subsidiary printed in bold.
Section 2 Definitions
Examination: An examination (with or without preparatory training) for which, when passed successfully, the customer receives a certificate (also available from the online shop under Certification Examination) Online Training: independent training and examination preparation by the customer on an online learning platform of a third-party provider (also available from the online shop under E-Learning or Online Course) Face-to-Face Training: training and examination preparation of the customer on the premises of a third-party training provider (also available from the online shop under Training, Course or In-House Training)
Section 3 Use of data; data protection
(1) The personal data voluntarily supplied by the customer by registering is processed and stored exclusively in compliance with the relevant provisions for contractual purposes and for purposes of internal customer administration.
(2) Personal data of the customer is only gathered if and to the extent that the customer voluntarily discloses such data to the provider at registration and/or when using the online shop. This data will only be passed to third parties where this is necessary for the execution of the contractual relationship between the provider and the customer. The data will therefore - where necessary - be passed to the financial institution commissioned with payment processing. Beyond this, the data is not passed to any third party.
(3) The customer is entitled to obtain information at no cost about the personal data stored and where relevant to request that the data be amended, blocked or deleted.
(4) The provider reserves the right, for advertising, market research or to adapt his offers to suit customer needs, to create usage profiles based on the customer data collected and with the use of pseudonyms. The customer is entitled to object to this use of his usage data at any time.
(5) The Provider is entitled to transmit the data of those examinees who have successfully passed the respective examination to SkillsClub AG (Switzerland) and Accredible (USA). The data transfer is carried out exclusively for the purpose of creating an electronic and forgery-proof badge for the examination participant, which is sent to him by SkillsClub AG on behalf of the Provider. The creation of the electronic certificate and its dispatch is carried out by SkillsClub AG, a reliable service provider, in compliance with our privacy policy and the regulations of the GDPR. With the sending of the electronic certificate by SkillsClub AG, the respective examinee is given the opportunity to become part of a job-specific network there, or to object to the inclusion in the network at SkillsClub AG.
(6) Questions concerning the collection, processing or use of personal data, requests for information, amendment, blocking or deletion of data and notification of revoking of previous consents may be forwarded to the provider at the address given in Section 1 of these general terms and conditions.
Please also read our data privacy statement.
Section 4 Electronic communication; the written form requirement
When you use the iSQI online shop or send us e-mails, text messages or other communications from your computer or mobile device, these constitute electronic communication. iSQI will also communicate electronically by various methods, e.g. by e-mail, text messages or by publishing electronic messages or other communications on the website. For contractual purposes you agree to receive electronic communications from iSQI and you agree that all consents, notifications, publications and other communications that we issue do not in this respect require the written form, except where mandatory statutory regulations require a different form of communication.
Section 5 Registration for examinations, online training or face-to-face training; conclusion of contract
(1) Registrations become legally binding when the products contained in the basket of the online shop are sent and must where necessary be made with all supporting documents.
(2) Each registration by the customer represents a binding offer of contract for participation in an examination, an online training product or face-to-face training. By registering, the applicant confirms that he is also entitled to act for third parties, provided that he is not also the contractual service recipient. By registering, the customer acknowledges that the legal relationship with the provider is formed of the general terms of business alone.
(3) The customer declares that all the information provided by him at registration and/or registration in the online shop (e.g. name, address, e-mail address, bank details, statement of compliance with the entrance requirements, etc.) is truthful. The provider should be notified of any changes without delay.
(4) Representation of products in the online shop does not constitute a binding offer of the provider. Rather, the customer is invited to present a binding offer to the provider.
(5) The provider shall confirm receipt of the customer's registration in the online shop in text form (e.g. by e-mail). This confirmation of receipt does not constitute binding acceptance of the registration.
(6) A contract is concluded following normal registration and written confirmation of booking by iSQI. This confirmation may also be made by e-mail.
Section 6 Payment conditions
(1) The prices current at the time of registration shall apply. Any additional costs arising will be indicated clearly to the customer on the registration page in the online shop.
(2) The full price is payable without discount. If payment of the full price is not made within 30 days from the due date and receipt of invoice or of another payment schedule of equivalent value, the customer shall enter into default.
(3) Any travel, accommodation, meal and other costs shall - except where these form an agreed price component of the examination/training concerned - be borne separately by the participant/customer.
(4) For multiple examinations of students at higher-education institutions, the amount in full must be transferred.
(5) Public examinations must be paid for in advance.
(6) The provider reserves the right to change the prices stated in the online shop prior to conclusion of the contract. In such a case, the order confirmation of the provider represents an amended offer for conclusion of the contract, such that the contract is concluded only when the customer accepts that offer separately.
(7) The customer may pay the price by prepayment, by credit card or against an invoice, at his discretion. Payments made by PayPal through the iSQI online shop are free of charge. Payments made by credit card are subject to a 5% supplement. The provider reserves the right to decline payment against invoice if the customer is already in arrears with a previous invoice.
(8) Any additional costs incurred for payments made from abroad must be borne in full by the customer. For the rest, the statutory provisions of the general payments system.
(9) The customer may only have a right to offset where his counterclaims are legally established or undisputed. The customer may only assert any right to withhold payment where his counterclaim is based on the same contractual relationship.
Section 7 Cancellation policy
(1) Right to cancel
You may revoke (cancel) the contract you have concluded within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation you must inform us,
iSQI GmbH
Voltastr. 1
14482 Potsdam
Fax: +49 (0) 331 231 810 - 10
E-mail: exam@isqi.org
by means of a clear statement (e.g. a letter sent by post, a fax or an e-mail) of your decision to cancel this contract. You may use the template cancellation form provided, but this is not obligatory.
To comply with the cancellation period it is sufficient that the notification of cancellation is sent
before the expiry of the cancellation period.
(2) Consequences of cancellation
If you cancel this contract, we are obliged to refund to you all payments that we have received from you, including delivery costs (with the exception of additional costs that arose if you chose a different method of delivery from the lowest-cost standard delivery recommended by us), without delay and not later than within fourteen days from the date on which your notification of cancellation of this contract was received by us. For this refund, we will use the same method of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged for this refund.
If you have requested commencement of services during the cancellation period, you will be required to pay us an appropriate amount that corresponds to the proportion of the services already provided up to the time of your exercising of the right to cancel in respect of this contract relative to the overall scope of services agreed in the contract.
Special information on the forfeiture of withdrawal rights:
- The right to cancel shall also be forfeited in the case of a contract for provision of services where the contractor has already provided the service in full and only began to provide the service after the customer gave his express consent to this and confirmed his knowledge of the fact that he would lose his right of cancellation once the contract was executed in full by the contractor (Article 356 para. 4 German Civil Code (BGB)).
- The right of cancellation shall also be forfeited in the case of a contract for the provision of digital content not supplied on a physical data carrier (digital content that e.g. is not provided on a CD or DVD, etc.) where we have begun to execute the contract after the customer
a) has expressly agreed to the contractor commencing execution of the contract before the expiry of the cancellation period, and
b) has confirmed his knowledge that he will lose his right of cancellation through his agreement on commencement of the execution of the contract (Article 356 para. 5 German Civil Code).
For your information:
When a contract is concluded for online training, this means a contract for the supply of digital content not provided on a physical data carrier, so that point 2 above applies and the right of cancellation is void under the stated conditions of Article 356 para. 5 German Civil Code.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and send it back to us.)
To: iSQI GmbH, Voltastr. 1, 14482 Potsdam, Fax: +49 (0) 331 231 810 - 10
or: E-mail: exam@isqi.org
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*) – Ordered on (*)/received on (*)
– Customer name
– Customer address
– Customer signature (if notification is in hard copy only)
– Date
----
(*) Delete as appropriate.
If you have further questions, please contact our customer services department.
Section 8 Liability
(1) The provider shall not be liable for infringements of the contract arising from slight negligence, provided that these do not affect material contractual obligations or guarantees or cause injury to life, limb or health or claims under the Product Liability Act (Produkthaftungsgesetz).
(2) Where the provider is also liable for slight negligence, that liability shall be limited to foreseeable damages typical for this type of contract.
(3) Where the liability of the provider is excluded or limited, this shall also apply to the liability of legal representatives, employees and vicarious agents of the provider.
(4) The provider shall not be liable for the operability of data networks, server or data cables to his data centre or for the constant availability of his online shop.
(5) The provider shall not be liable for the accessibility and operability of service providers contracted to provide online services.
Section 9 Copyright and trademark law
(1) The copyright in all published objects created by iSQI itself remains solely to iSQI. Any reproduction or use of such graphics, audio documents, video sequences or texts in other electronic or printed publications is forbidden without the express consent of iSQI.
(2) All brand names and trademarks named on the internet offering and that may be protected by third parties are subject without restriction to the provisions of the applicable trademark law in each case and to the ownership rights of the registered owner. It should not be assumed from the mere mention of a trademark that it is not protected by the rights of third parties.
B. Examinations
Section 1 Admission to participate in examinations
Admission to and participation into an examination is further subject to the regulations of the board responsible for the relevant subject and geographical region. These can be viewed on the website of the board in question.
Section 2 Certification examinations
(1) Participants will be notified of the date of the relevant certification examination in writing or by e-mail. The date, subject to further regulations in these provisions, is binding after confirmation of booking.
(2) You are requested to inform yourself of the exact order of your certification examination e.g. from our website, by e-mail, by post or by telephoning our certification department directly.
Section 3 Viewing the examination
(1) Up to 30 days after the examination result has been issued, all participants have the right to apply to view their examination*. Examinations that have taken place in Germany can only be viewed at the offices of iSQI. An administration charge of €80.00 plus VAT is made for viewing an examination. In the case of paper-based examinations, a target/actual comparison is made between the original paper and the official solution paper. For this a member of iSQI staff is present.
(2) In the case of Pearson Vue, SMEX or FLEX exams, the participant's result, printed out in detail, is provided together with a printout of the examination questions used by the examination service provider at the time the examination was sat. Expiry of the viewing occurs analogously to that of the provisions for paper-based examinations.
(3) For examinations that have taken place outside Germany, iSQI will strive to allow the examination to be viewed in the country in which it was sat.
No legal claim to this exists.
*This does not apply to every exam.
Section 4 Services
(1) The fees charged for our certification examinations with an examiner (paper-based or using SMEX) include the services that are involved with the organization, performance and evaluation of the examination. In detail these are:
- Providing an examination room, if this has not been organised by a training provider
- Preparing the examination paper in paper or digital form
- Instruction during the examination by invigilators trained by iSQI and obliged to maintain confidentiality
- Marking
- Preparation of a certificate (normally in an electronic form; there is no legal claim to the provision of certificates in paper form)
(2) Fees for our examinations held at a Pearson Vue test centre include:
- Holding the examination at a Pearson Vue Test Center of the customer's choice
- Marking
- Preparation of a certificate (normally in an electronic form; there is no legal claim to the provision of certificates in paper form)
(3) Fees for FLEX examinations include:
- Providing the selected examination with the contracted service provider and creating individual customer access to enable him to access the exams online for a time window of 4 weeks. The time window can be extended on payment of an administration fee (see Section 5 (5))
- Preparation of a certificate
(4) For examination participants who require additional aids or extra working time owing to a documented physical disability, special arrangements can be made on application that are defined by the relevant examination board.
(5) The following services are not included and will be charged for before they are provided:
- The handling of an appeal or objection, in cases where this arises without justification, will attract a processing fee of €50 plus VAT.
- A processing and postage fee for the issue of a certificate is charged of €30 plus VAT.
Section 5 Withdrawal, cancellation, postponement
(1) Cancellations should be notified to iSQI as soon as possible before the examination date in writing or by e-mail. The definitive cancellation date is the date of receipt by iSQI. The applicant/participant is responsible for furnishing proof of punctuality in cancelling for the purpose of these regulations.
(2) In the event of cancellation, the following periods and charges shall apply
- Up to the 8th day before the examination date: free
- 7-4 days before: 50% of examination fee plus VAT.
- 3-0 days before: 100% of examination fee plus VAT.
Alternatively, the customer may choose to receive a voucher to the full amount that will enable him to take an appropriate examination at a later date.
(3) We reserve the right to cancel certification examinations at short notice, in particular, where the number of participants falls below 6 persons per examination date. In such cases participants are entitled to withdraw from the contract at no cost. iSQI will further endeavour to reserve an alternative date for the orderer/participant at the next available time. Any further claims are excluded.
(4) FLEX examinations must be completed within a time window of 4 weeks.. The time window can be extended on payment of a processing fee of €15 plus VAT.
Section 6 Force majeure
(1) If a certification examination is cancelled due to illness of the invigilator, force majeure or other circumstances or occurrences beyond the control of iSQI, no claim shall exist for the examination to take place. In such cases, iSQI cannot be obligated to refund travel or accommodation expenses or to compensate for loss of working hours. If a certification examination is cancelled, customers/participants will be notified immediately. If the examination is rearranged for a later date, the claim to remuneration shall remain unchanged.
(2) This also includes failure of the internet services that are necessary for SMEX and FLEX examinations. In the event of outages for which an advance warning is given, iSQI shall strive to inform the affected customers in advance.
Section 7 Copyrights
The documents provided for examination purposes are subject to copyright. Any use that breaches copyright is prohibited and may result in civil and criminal prosecution.
Section 8 Security
All examination participants are obliged to observe the house rules and safety regulations of the examination venue.
Section 9 Electronic examinations
(1) Electronic examinations that are held by partners of iSQI are not subject to the validity of iSQI's terms and conditions but rather to those of the provider concerned. Exceptions to this are the terms of viewing the examination (see Section 3) and the application for extended examination time (see Section 4 (4)).
(2) For SMEX examinations on tablet computers, uninterrupted internet access via a WLAN with an appropriate data transfer rate is required at the examination venue. The operator is entitled to create such access on the tablet computers and is responsible for availability during the examination.
C. Online training
Section 1 External products
Online training packages are the products of third-party providers and as such are deemed to be external products.
Section 2 Role of iSQI with external products
(1) iSQI permits third-party providers to list and sell their products on its website. This can be seen on the relevant detailed product page. This can be seen on the relevant detailed product page. In such cases iSQI acts as a distributor.
(2) Even where iSQI enables transactions to take place in the iSQI online shop, iSQI is neither the purchaser nor the seller of these third-party products. iSQI offers purchasers and sellers the possibility of conducting negotiations and concluding transactions. Accordingly, the contract that arises when a sale of such third-party products takes place is concluded solely between the purchaser and the seller. iSQI is not a contractual partner and therefore, takes no responsibility for that contract. iSQI is also not a representative of the seller.
(2) The seller is responsible for the sale of the products, for any complaints from the purchaser and for all other matters that arise from the contract between the purchaser and the seller.
(3) The contract is governed by the terms and conditions of use of the third-party provider concerned.
Section 3 Online training courses
Courses that are held by partners of iSQI are not subject to the validity of iSQI's terms and conditions of use but rather to those of the provider concerned (see Section 2).
Section 4 Miscellaneous
For the rest, the general regulations of these terms and conditions under points A and E apply.
D. Face-to-face training
Section 1 External products
Face-to-face training packages are the products of third-party providers and as such are deemed to be external products.
Section 2 Role of iSQI with external products
(1) iSQI permits third-party providers to list and sell their products on its website. This can be seen on the relevant detailed product page. In such cases iSQI acts as a distributor.
(2) Even where iSQI enables transactions to take place in the iSQI online shop, iSQI is neither the purchaser nor the seller of these third-party products.
iSQI offers purchasers and sellers the possibility of conducting negotiations and concluding transactions. Accordingly, the contract that arises when a sale of such third-party products takes place is concluded solely between the purchaser and the seller.
iSQI is not a contractual partner and therefore takes no responsibility for that contract. iSQI is also not a representative of the seller.
(2) The seller is responsible for the sale of the products, for any complaints from the purchaser and for all other matters that arise from the contract between the purchaser and the seller.
(3) The contract is governed by the terms and conditions of use of the third-party provider concerned.
Section 3 Face-to-face training courses
Courses that are held by partners of iSQI are not subject to the validity of iSQI's terms and conditions of use but rather to those of the provider concerned (see Section 2).
Section 4 Miscellaneous
For the rest, the general regulations of these terms and conditions under points A and E apply.
E. Closing conditions
Section 1 Right of amendment
iSQI reserves the right to amend the present terms and conditions in response to changes in legislation, changes in jurisdiction or changes in economic conditions. Should this occur, iSQI will notify you separately.
Section 2 No waiver
If you are in violation of these terms and conditions of use, and we take no action against you, we shall remain entitled to assert our rights in any other instance in which you violate these terms and conditions of use.
Section 3 Choice of law, Miscellaneous
(1) If any of the provisions of these general terms of business is or becomes invalid or unenforceable, the validity or enforceability of the terms of business as a whole will not be affected or impaired thereby.
(2) The law of Massachusetts, USA applies. The applicability of mandatory norms of the state in which the customer is habitually resident at the time of conclusion of the contract is not affected by this choice of governing law.
(3) If there are any doubts as to the interpretation of the contract, the German version of these general terms of business shall always prevail.
(4) The UN Convention on the Sale of Goods is excluded.