General Terms and Conditions for participation in SECO-Institute exams
1. Definitions
1.1 General Terms and Conditions: the terms and conditions set out below.
1.2 Availability Period: the period within which the Candidate can take his SECO-Institute Examination.
1.3 Candidate Portal: the online candidate portal where the Candidate can, among other things, manage his personal data and review his examination results.
1.4 Certificate: a document (Diploma) issued by SECO-Institute proving that the Candidate meets the examination criteria set by SECO-Institute for a specific Examination.
1.5 Examination: an examination from the SECO-Institute examination portfolio.
1.6 Examination Materials: all electronic materials and hard copies of materials which have been submitted to the Candidate in the context of an Examination or review session, including examination questions and examination answers.
1.7 Examination Rules and Regulations: the regulations with detailed rules on issues such as the conduct and assessment of Examinations.
1.8 Examination Voucher: a voucher that can be used by the Candidate to pay for an Examination.
1.9 SECO-Institute Online Examination: the service offered by SECO-Institute which enables a Candidate to take an Examination online.
1.10 SECO-Institute Examination Location: a location designated by SECO-Institute where Examinations are conducted.
1.11 SECO-Institute Systems: the computer systems used by SECO-Institute for the execution of the Agreement.
1.12 SECO-Institute: SECO-Institute B.V.
1.13 Candidate: the private person who has taken an Examination or wishes to do so.
1.14 Discount Voucher: a voucher that entitles the Candidate to receive a discount on the Examination or the examination portfolio shown on the voucher.
1.15 Agreement: the agreement between SECO-Institute and the Candidate relating to the registration for participation in an Examination.
1.16 Board of Appeal: the committee appointed by SECO-Institute to handle and give judgment on appeals lodged by Candidates.
2. General
2.1 These General Terms and Conditions apply to all Agreements between SECO-Institute and the Candidate.
2.2 SECO-Institute explicitly rejects the applicability of the Candidate’s general terms and conditions.
2.3 Any deviations from and additions to these General Terms and Conditions are valid only if they have been agreed upon in writing between SECO-Institute and the Candidate.
2.4 All quotations by SECO-Institute are without obligation. This means that SECO-Institute has the right to renege on the quotation until the Candidate has accepted it, or until directly after Candidate has accepted it.
2.5 SECO-Institute has the right to change these General Terms and Conditions and the examination portfolio offered unilaterally. Alterations to these General Terms and Conditions will be announced on the website of SECO-Institute before they come into effect.
2.6 If any provision in these General Terms and Conditions is void or voidable, the remaining provisions of these terms and conditions shall remain in full force and effect and SECO-institute and the Candidate shall agree to replace the void or voidable provision by another provision, the purport of which corresponds to the previous provision.
2.7 These General Terms and Conditions do not apply to Examinations conducted by SECO-Institute partners, such as accredited examination centres and computer-based testing agents.
2.8 The Examination Rules and Regulations apply to the conduct of Examinations. SECO-Institute has the right to change these rules and regulations unilaterally. In case of deviations between these General Terms and Conditions and the Examination Rules and Regulations, the General Terms and Conditions will prevail, unless the general terms and conditions explicitly refer to the Examination Rules and Regulations.
3. Registration
3.1 The Candidate can register for an Examination at the SECO-Institute website.
3.2 The Candidate shall fully and truthfully complete all sections of the booking form that are marked as mandatory.
3.3 The Candidate shall treat his Candidate Portal login codes carefully and keep these confidential. The Candidate shall report loss or abuse/suspected misuse of his login codes directly to SECO-Institute. All damage and costs resulting from the use, unauthorised or otherwise, of login codes will be at the full risk and expense of the Candidate until the moment they are reported to SECO-Institute.
3.4 A booking term applies to some of the Examinations. SECO-Institute advises the Candidate to book his Examination well in advance. All booking terms are mentioned on the SECO-Institute SECO-Institute
3.5 An Agreement comes into effect once SECO-Institute has confirmed the registration for an Examination to the Candidate .
3.6 SECO-Institute can enquire whether the Candidate is able to meet his payment obligations and can acquaint itself with other circumstances that are relevant to a responsible conclusion of the Agreement. If, on the basis of this enquiry, SECO-Institute has good reasons not to enter into the Agreement, SECO-Institute has the right to refuse a registration or attach special conditions to the performance of the Agreement.
3.7 If the Candidate has registered for a SECO-Institute Online Examination, the confirmation e-mail will also include a code and link to enable the Candidate to take the Examination at a selected time within the Availability Period. The Availability Period will be announced during the registration procedure.
4. Conditions for Participation in an Examination
4.1 Entry requirements apply to some of the Examinations. These requirements might relate to education programmes that must be completed at accredited institutions. The Candidate must have met all of the applicable requirements upon registration for an Examination. All entry requirements can be found on the SECO-Institute website.
4.2 SECO-Institute can ask the Candidate to present supporting documents. Uploading these documents and the approval thereof are part of the registration procedure.
4.3 A Candidate who wishes to take an SECO-Institute Online Examination shall possess a computer that has a webcam, a microphone and a broadband internet connection. Minimum system requirements can be found on the SECO-Institute website. Before the Candidate registers for a SECO-Institute Online Examination, he shall make sure that his computer meets these requirements in order to prevent problems during the Examination. The Candidate is solely responsible for the proper functioning of the computer.
4.4 The Candidate can only take a SECO-Institute Online Examination if he agrees to the recording of his examination session and the user conditions set out by the owner of the software used by SECO-Institute during the examination session.
4.5 In case the Candidate participates in an examination session at a SECO-Institute Examination Location, the house rules of the Examination Location are applicable.
4.6 If a Candidate fails for a practical exam, the Candidate has to wait one year to take the practical re-exam. Passing the practical exam is a prerequisite for starting the theory exam. If the Candidate fails for a theoretical exam, the Candidate can take a re-exam. If the Candidate fails this re-exam, the Candidate has to wait for one year to take an exam. If the Candidate takes the exam after one year (after he failed for the re-exam) and fails again, the Candidate has to wait again for one more year to retake the exam.
5. Examination Fees and Payment
5.1 The examination fees to be paid and the currencies that can be used for payment by the Candidate are mentioned during the registration procedure. In so far as VAT is applicable, all prices mentioned are excluding VAT.
5.2 The examination fee must be paid directly upon registration by using a credit card or an Examination Voucher, a payment code or one of the other means of payment offered on the website.
5.3 Payments made by the Candidate shall first of all serve to settle any and all interest and expenses owed and, secondly, the longest outstanding invoices, even if the Candidate should indicate that a certain payment concerns a more recent invoice.
5.4 SECO-Institute has the right to change the examination fees. Any changes apply to new Examination orders only.
5.5 SECO-Institute has the right to exclude the Candidate from participation in an Examination, to deny or withdraw a Certificate, or to invalidate an Examination if it appears that the Candidate has not paid the full examination fee due within the time limit set, or if SECO-Institute (in retrospect) discovers irregularities relating to the payment, including, but not limited to, credit card fraud. In case of serious irregularities, SECO-Institute is entitled to exclude a Candidate from participation in future Examinations. The foregoing does not affect SECO-Institute’s other rights.
5.6 In case of overdue or incomplete payment, the Candidate is in default without further notice of default or demand being required. The amount due will, in that case, be increased by the statutory interest. Next to that, the Candidate will be obliged to pay extrajudicial collection costs of 15% of the total amount due.
6. Cancellation of an Examination Registration
6.1 The Candidate has the right to cancel registration for a SECO-Institute Online Examination or an Examination held at a SECO-Institute Examination Location by way of rescinding the Agreement without giving reasons within 14 days, starting on the day the registration for the Examination is made.
6.2 A Candidate who wishes to make use of his right to cancellation shall contact the SECO-Institute Client Support Centre.
6.3 The date of cancellation, in all cases, is the date on which the request of cancellation is received by SECO-Institute. Cancellation will be confirmed by e-mail or in writing as soon as possible, but no later than one week after the receipt of the cancellation request.
6.4 The cancellation right lapses (i) once the Candidate has started his SECO-Institute Online Examination session (by entering his examination code) before the period of 14 days has lapsed; or (ii) if the Candidate has already taken the Examination within that period at a SECO-Institute Examination Location.
6.5 The statutory cancellation right does not apply to Examinations conducted orally or if a registration through the employer or trainer of the Candidate is concerned. The following applies to cancellation of oral Examinations:
6.5.1 the Candidate is not obliged to pay any examination fees if the cancellation is made at least fourteen days before the start of the examination week (first day = Monday);
6.5.2 the Candidate must pay the examination fees in full if the cancellation is made within fourteen days before the start of the examination week.
6.5.3 Example: in case of cancellation of an oral Examination in week 12, the examination fees must be paid in full if the cancellation is made on or after the Monday in week 10, regardless of the exact date of the Examination in week 12.
7. Refunding in case of Cancellation
7.1 If the Candidate cancels registration for an Examination in conformity with the provisions under the articles from 6.1 to 6.5.1, SECO-Institute will refund the examination fee paid in the currency used for payment by the Candidate as soon as possible but no later than 30 days after cancellation.
7.2 Any Discount Vouchers used can no longer be used after cancellation of an Examination. If the Candidate has paid for the Examination using an Examination Voucher, the voucher will be reactivated or substituted.
8. Rescheduling Examinations
8.1 The Candidate can only reschedule an Examination session in so far as permitted under article 8.
8.2 An Examination conducted at a SECO-Institute Examination Location can be rescheduled to a different examination date only once. The Candidate can indicate his wish to reschedule until one (1) day before the start of the Examination via SECO-Institute Client Support.
8.3 A SECO-Institute Online Examination can be rescheduled. Look at: https://support.proctoru.com/hc/en-us/categories/115001818507 for the exact regulations.
8.4 If the Candidate is unable to take the SECO-Institute Online Examination during the Availability Period as a result of unplanned maintenance to the SECO-Institute Systems, or if he is unable to take the Examination during that period due to force majeure, he may request SECO-Institute to extend the Availability Period. SECO-Institute will inform the Candidate as soon as possible whether the request is granted.
8.5 No costs are connected to rescheduling Examinations in conformity with the provisions under articles 8.2 and 8.4. A confirmation of the rescheduled examination will be sent by e-mail or in writing as soon as possible, but no later than one week after the rescheduling request was received.
8.6 It is not possible to reschedule oral Examinations to a different examination date. Oral Examinations can only be cancelled in conformity with the provisions under article 6.5.
8.7 Registrations for Examinations through organisations, such as trainers or employers, can only be rescheduled by these organisations.
9. Participation in SECO-Institute Online Examinations
9.1 A SECO-Institute Online Examination can be taken at any time during the Availability Period, but the Candidate must take into account planned maintenance to the SECO-Institute SECO-Institute does not guarantee that SECO-Institute Online Examinations and the SECO-Institute Systems are at all times fully available without interruption.
9.2 The Candidate must read the Examination Rules and Regulations carefully before starting the SECO-Institute Online Examination session. Next to general examination rules and a fraud regulation, the Examination Rules and Regulations contain specific provisions on participation in online Examinations, including provisions on the environment in which the Candidate is taking the Examination, identification and rules of conduct.
9.3 The Candidate must observe the Examination Rules and Regulations strictly. After the SECO-Institute Online Examination is completed, SECO-Institute will check on deviations or irregularities. Any deviation or irregularity may lead to exclusion from participation/further participation in the Examination, invalidation of the examination result and/or withdrawal of the Certificate or any other document issued, as set out in more detail in the Examination Rules and Regulations. In such cases the examination fees paid will not be refunded.
9.4 If (i) the Candidate cannot complete the SECO-Institute Online Examination session due to a computer or internet disruption, or (ii) if there is any other failure causing interruptions in the audio or video recordings or due to which the examination results have not or have not fully been backed up, SECO-Institute is entitled to declare the Examination work invalid. SECO-Institute will, in such case, investigate the nature of the interruption and will contact the Candidate.
9.5 If the disruption cannot be attributed to the SECO-Institute Systems, the Candidate shall re-register for the Examination and pay the examination fees due.
9.6 If the disruption can be attributed to the SECO-Institute Systems (i) SECO-Institute will enable the Candidate to take the SECO-Institute Online Examination again (without being obliged to pay examination fees once more), or (ii) SECO-Institute will take any other appropriate measures.
10. Participation in Examinations at a SECO-Institute Examination Location
10.1 The Candidate must read the Examination Rules and Regulations carefully before participating in an Examination at a SECO-Institute Examination Location. Apart from provisions on fraud and other issues, the rules and regulations contain general examination rules to be observed by the Candidate, including provisions on identification and being present on time.
10.2 The Candidate must observe the Examination Rules and Regulations and must follow instructions by the examination supervisor closely. Any deviation or irregularity may result in exclusion from (further) participation in the Examination, nullification of the examination work, invalidation of the examination result and/or withdrawal of the Certificate or other documents issued, as described in more detail in the Examination Rules and Regulations. In such case, examination fees already paid will not be refunded.
11. Announcement of the Result, Inspection, Appeal and Complaints
11.1 The result of an Examination will either be announced to the Candidate in writing or by e mail. No information will be provided on Examination results by phone.
11.2 The Candidate has the right to appeal to the Board of Appeal against the assessment of an Examination or, in other cases, as defined in the Examination Rules and Regulations.
11.3 The rules relating to announcement of the result, inspection and appeal have been specified in more detail in the Examination Rules and Regulations.
11.4 Complaints that are not related to the contents or the assessment of the Examination itself can be presented to SECO-Institute orally or in writing in conformity with the provisions set out in the Examination Rules and Regulations.
12. Examination Materials, Confidentiality and Intellectual Property Rights
12.1 The Candidate must maintain strict confidentiality regarding the Examination Materials. The Candidate may not take Examination Materials or parts thereof with him, copy, photograph or reproduce these in any other way, make announcements on Examination Materials or make them available to third parties, unless the Candidate has received the written permission to do so from SECO-Institute.
12.2 All rights to the Examination Materials, including copy rights and other intellectual property rights, lie exclusively with SECO-Institute and its licensors. The Candidate may use the Examination Materials only in so far as necessary for participating in the Examination.
12.3 SECO-Institute has the right to exclude the Candidate from an Examination, to deny or withdraw a Certificate, or to render an Examination invalid if there is evidence that the Candidate has acted contrary to article 12. In case of serious irregularities, SECO-Institute has the right to exclude a Candidate from participation in future Examinations. All sanctions are specified in more detail in the Examination Rules and Regulations.
13. Personal Data
13.1 SECO-Institute processes personal data of the Candidate in the context of the performance of the Agreement. For more information look at the SECO-Institute privacy policy and the privacy policy of our exam partner: https://www.proctoru.com/privacy-policy
14. Force Majeure
14.1 Should SECO-Institute be unable to meet its obligations towards the Candidate due to force majeure, the performance of these obligations is suspended for the duration of that force majeure. In case of force majeure, SECO-Institute is not obliged to pay compensation.
14.2 Force majeure also includes power interruptions, disruptions of internet service, failures in the SECO-Institute Systems, failures of third parties or suppliers contracted by SECO-Institute, delays caused by the postal system, strikes and business shutdowns.
14.3 If the force majeure lasts thirty (30) days or longer, SECO-Institute and the Candidate both have the right to terminate the Agreement fully or partially if justified by the force majeure situation.
15. Liability
15.1 If the Candidate has been unable to take an Examination, has been able to complete it in part only, or must retake an Examination resulting from an attributable failure on the part of SECO-Institute, SECO-Institute will enable the Candidate to retake the Examination without obliging the Candidate to pay any examination fees once more.
15.2 Any other liability of SECO-Institute to the Candidate is excluded. SECO-Institute and sub-contractors contracted by SECO-Institute are therefore not liable for any direct or indirect damage or costs of the Candidate or third parties (also including loss of turnover and loss of profit) resulting from attributable failures in the performance of the Agreement or from any other cause.
15.3 If and in so far as SECO-Institute nevertheless could be held liable to the Candidate, for whatever reason, this liability will be limited per incident to no more than the examination fees paid by the Candidate to SECO-Institute in respect of which that liability originated. In case a Candidate has used an Examination Voucher for payment, the liability per incident is limited to no more than the fees charged by SECO-Institute to Candidates for the Examination at issue at the moment the liability arose. A series of connected incidents will in this context be deemed as one incident.
15.4 This article is not applicable in case of intent or deliberate recklessness on the part of SECO-Institute or its management.
16. Applicable Law; Disputes
16.1 These General Terms and Conditions and all Agreements are exclusively governed by Dutch law.
16.2 To the exclusion of the Court, the Board of Appeal of SECO-Institute is authorised to take cognizance of appeals as referred to in article 31 of the Examination Rules and Regulations.
16.3 Without prejudice to what has been provided in 16.2 of these General Terms and Conditions, all disputes between SECO-Institute and the Candidate will be exclusively submitted to the District Court of Midden-Nederland, The Netherlands.
17. Final Clause
17.1 All questions or remarks relating to these General Terms and Conditions, and all requests or complaints can be sent to info@seco-institute.org or to
SECO-Institute BV
De Bleek 11
3447 GV Woerden
The Netherlands