General Terms and Conditions of Business with Future Network Cert GmbH
1. Preamble
These terms and conditions of business serve as the basis for all legal relationships arising between Future Network Cert GmbH (hereinafter referred to as FNCert), Landstraßer Hauptstraße 71/2, 1030 Vienna, Austria, tel. +43 1 71728-210, represented by Sonja Haberl, Managing Director, and their clients.
2. Registering for Certification Exams
Registration must either be in written form or by e-mail, or via Future Network Cert’s homepage (www.future-network-cert.at) and should state the following:
• Desired examination, date, fee
• Business address and phone number
• For certification examinations the entrant’s date of birth should be mentioned
• Invoicing address (if different from above)
• First name, surname and e-mail address of both participant and ordering party
3. Admission to the Examination
After written registration, the ordering party will receive confirmation from FNCert with all the relevant details for this specific examination, such as conditions, minimum number of entrants and fees.
Registration will be considered binding when the ordering party receives written confirmation of registration from FNCert. Even if confirmation of registration has been issued,
FNCert reserve the right to cancel or postpone an event or exam date for just cause (e.g. illness on the part of the invigilator, train or flight cancellation).
4. Dates for Taking the Certification Exam
In individual cases, dates for taking certification examinations can be agreed between the ordering party and FNCert. Open examination dates are shown on our homepage.
5. Fees for Certification Exams
Current prices for certification exams are shown in our order confirmation and on our website. All prices stated are in EUR, excluding VAT. The total price stated is strictly net. In the case of group exams for students at universities the total sum should be remitted.
6. Services
The following services are included in the fees for paper-based exams and exams in digital form before an examiner:
• Provision of a venue, if not organised by a training institute
• Provision of examination material in paper-based or digital form
• Provision of an invigilator by FNCert
• Assessment of exam performance Issue and dispatch of the certificate
The following services are included in the fees for remote invigilated exams
• Providing the selected examination with the contracted service provider
• Creating individual customer excess to enable him to access the exams online
• Assessment of exam performance Issue and dispatch of the certificate
The following services are not included in the examination fee:
• Fees for a complaint or appeal
• Reprint and dispatch of certificate duplicates
7. Invoicing
After taking the examination an invoice will be issued. Invoiced amounts become due for payment 10 days from receipt of invoice.
The relevant certificates will be sent by post within 2 weeks from receipt of payment of the invoice.
Public examinations must be paid for in advance.
Any additional costs incurred for payments made from abroad must be borne in full by the customer.
8. Re-scheduling and Cancellations
Any re-scheduling and cancellation of examination dates must be made in writing.
Cancellation of individual examinations
No charge will be made for cancelling registration for a certification exam up to 5 days prior to the examination date. For cancellations from 3 days prior to the examination date, half the certification fee will be charged. However, it is possible to nominate a substitute candidate at no extra charge. Where appropriate, deviating terms are shown on our homepage.
Cancellation of registration for a remotely monitored online exam is free of charge up to 5 days before the start of the exam. From 4 days on, a processing fee of € 40,-- net will be charged. In case of non-appearance without prior cancellation, the entire examination fee will be charged.
We reserve the right to cancel certification exams at short notice. The entrant is, in this instance, entitled to withdraw from the contract free of charge.
Cancellation of inhouse-examinations. No charge will be made for cancelling registration for a certification exam up to 10 days prior to the examination date, for cancellations from 9 days or less prior to the examination date a lump sum of EUR 400 plus VAT will be charged.
9. Review of Exam Results
Up to 30 days from notification of the examination results every entrant is entitled to apply for a review of his exam results. A review of an individual’s exam results is only possible in Vienna, for which an administrative fee of EUR 70, plus VAT, will be charged. For examinations in paper form a target-performance comparison will be made.
An employee from FNCert will be present at the review.
For examinations taken outside of Austria, FNCert will endeavour to facilitate a review in the country in which the examination took place, although a legal right to this service does not exist.
10. Confidentiality Agreement
Depending on the certifying body, the exam candidates, by signing the exam paper, also agree to a Confidentiality Agreement with regard to the exam questions therein.
The entrants undertake vis-à-vis the certifying body to treat information regarding the contents of the material provided for the examination as confidential and only for use in the examination. This information shall not be passed on to third parties who are not authorised by the certifying body, nor shall it be made accessible to third parties in any other form. The Confidentiality Agreement shall remain in force for as long as the examination material is valid. The Confidentiality Agreement does not cover information which is demonstrably common knowledge.
Any infringement of the said agreement can result in claims for damages on the part of the certifying body. Possible damages have been estimated at EUR 10,000 minimum by the certifying bodies.
If necessary, deviating conditions for specific certification exams will be advised in writing at the examination in question.
11. Data Protection
The data the client has submitted to FNCert voluntarily will be processed and saved electronically in compliance with the Data Protection Act.
All data relevant to the examination will be processed electronically as personal data for contractual purposes and internal client management and used only for the issuing, administration and authentification of certificates. If necessary, disclosure of such data to one or several service providers, for example, parcel delivery companies or banks handling clients’ payments, is permitted. Data will not be disclosed to third parties.
Registered persons are at all times free to choose to have the personal data they gave for registration purposes changed or deleted in as far as there are no legal requirements to retain such records. However, in this case it will no longer be possible to issue certificate duplicates or other confirmations of certification.
12. Limitation of Liability
FNCert will assume no liability for losses or damages to objects brought to events unless the loss or damage to these objects is caused by at least gross negligence on the part of FNCert. Likewise, liability will not be accepted for personal injury.
13. Place of Jurisdiction
Place of fulfillment and jurisdiction for all claims and legal disputes arising from this contractual relationship is Vienna.
Future Network Cert GmbH
A-1030 Vienna, Landstraßer Hauptstraße 71/2
Phone: +43 1 71728-210
E-mail: cert@future-network-cert.at