GENERAL TERMS AND CONDITIONS OF BUSINESS OF EWIVS Certification GmbH

Valid from August 2024

For the area of accredited personal certification

Subject to change without notice. You can find the latest version of the GTC at any time on our website at https://www.ewivs.com/en/general-terms-and-conditions/

[A] Conditions for EWIVS Certification GmbH services

1. Validity and scope of application

These General Terms and Conditions (GTC) govern the legal relationship between EWIVS Certification GmbH (hereinafter “Provider”) and its customers in connection with the certification and other services offered. They apply to all contracts concluded between the provider and the customer, unless individual agreements have been made in writing.

The GTC shall apply to all current and future business relationships, even if they are not expressly agreed again. Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless their validity has been expressly agreed in writing.

2. registration and conclusion of contract

1. registrations for the services of EWIVS Certification GmbH are made via the website www.ewivs.com or by e-mail. When registering online, receipt of the registration is automatically confirmed to the customer immediately by e-mail to the address provided. However, a contract is only concluded upon written confirmation of the order by EWIVS Certification GmbH.
2. the registration deadline for all seminars offered is two weeks before the start of the seminar. As the number of participants is limited, registrations will be considered in the order in which they are received.
3. if certain prerequisites are required for participation in an EWIVS Certification GmbH service, these will be shown separately in the current course program or on www.ewivs.com and must be fulfilled by the participants.

3. terms of payment

1. the fees are payable fourteen days after invoicing, but at the latest before the start of the service provided by EWIVS Certification GmbH, without deduction, unless expressly agreed otherwise.
2. EWIVS Certification GmbH endeavors to conduct all seminars online. If a seminar cannot take place due to technical problems on the part of EWIVS Certification GmbH, the payment obligation shall lapse or fees already paid shall be refunded.
3. unless otherwise stated, the fees are in euros (€) plus VAT and include all examination documents. Costs for accommodation, meals and additional hotel services, such as parking spaces, are not included in the fees, unless otherwise stated.
4. in the event of late payment, EWIVS Certification GmbH is entitled to charge interest on arrears at a rate of 8.0% above the prime rate. In addition, processing fees of € 38 per reminder as well as all collection expenses and legal costs necessary for appropriate legal action may be charged. In the event of outstanding payments, the person concerned may be excluded from participation in the service.
5. objections to invoices must be made in writing to EWIVS Certification GmbH within two weeks of receipt of the invoice and must be duly substantiated. If no such objection is made within this period, the invoice shall be deemed to have been accepted.
6. customers may only offset claims of EWIVS Certification GmbH with counterclaims that have either been established by a court or expressly recognized by EWIVS Certification GmbH.

4. Fees

1. the applicant will receive an electronic invoice from EWIVS Certification GmbH for the fees of the certification procedure. The application examination fee must be paid prior to processing and is due irrespective of admission to the examination. After registering for an examination date, participation is binding; postponements are only possible by arrangement or in the cases listed below. An examination obligation does not apply to experts who are already recognized (e.g. by public appointment and swearing-in – ÖBV – or by other qualified certifications according to EN ISO/IEC 17024). The application review fee is due in any case.
2. the fee for processing the application for certification is currently EUR 250 plus VAT and is also due if the application is rejected.
3. the costs for the certification process amount to EUR 1,250. If the application is successful, the preliminary examination fee already paid, currently amounting to EUR 250 plus VAT, will be credited.
4. if required, online seminars are offered to refresh and deepen the subject matter as well as for targeted and intensive exam preparation for certification in accordance with EN ISO/IEC 17024. The ONLINE seminar comprises approx. 20 hours, followed by the examination by EWIVS Certification GmbH. The net seminar fee is 695,- Euro plus VAT. The net examination fee is 295 euros plus VAT.
5. fees for re-certification from the 2nd year onwards amount to 490 euros plus VAT.
6. the duration of the certification is 2 years.
7. on request, an addition or change in the area of certification can be applied for for 250 euros plus VAT.
8. the stamp duty for the duration of the certification from the first re-certification is a one-off fee of 260 euros plus VAT.
9. additional expenses incurred in the course of the application review must be reimbursed by the applicant in addition to the basic fee and, if necessary, covered by an advance on costs. These costs may arise, among other things, from the involvement of an extended expert committee.
10 All fees are subject to statutory value added tax.
11. 50% of the examination fee will be charged as a cancellation fee in the event of a withdrawal less than four weeks before the start of the examination; the full invoice amount is due for cancellations at shorter notice. It is possible to nominate a substitute participant, provided this person fulfills the admission requirements.
12. the applicant will be notified of the payment date on the invoice and payment must be made no later than four weeks before the examination date. In the event of late payment, default occurs automatically seven working days after expiry of the payment deadline in accordance with § 286 BGB. EWIVS Certification GmbH shall then be entitled to commission third parties (lawyers, debt collection agencies) to collect the debt, whereby the costs incurred shall be borne by the debtor. Statutory interest on arrears and a reminder fee of EUR 20 will be charged from the start of the delay.
13 Participation in the examination requires full payment of all invoices due.
14 Applications and documents will be processed in the order in which the complete documents and fees are received.
15 All fees are subject to value added tax at the statutory rate.
16 EWIVS Certification GmbH reserves the right to cancel or postpone examinations at short notice if unforeseen circumstances arise (e.g. absence of the examiner, insufficient number of participants). In such cases, participants will be informed in good time and any examination fees already paid will be refunded. Further claims for damages are excluded. There is no entitlement to participate in examinations with a limited number of participants.

5. Cancellation and rebooking

1. Cancellation and rebooking requests must be made in writing to EWIVS Certification GmbH.
2. a cancellation fee of 50% of the fees will be charged for cancellations received within two weeks before the start of the EWIVS Certification GmbH service. Cancellations or non-participation from the first day of an EWIVS Certification GmbH online seminar will be charged in full.
3. if a registered person is unable to attend the seminar due to unforeseeable circumstances (e.g. illness), a substitute person who meets the participation requirements can be named.
4. a processing fee of 40 euros per participant will be charged for rebookings to a subsequent date that are received by EWIVS Certification GmbH within two weeks before the start of the service.
5. a statutory right of withdrawal for consumers in accordance with the Distance and Off-Premises Transactions Act (FAGG) remains unaffected by this.

6. changes in the course program / cancellation of a service of EWIVS Certification GmbH

Changes to the course program may be necessary for organizational reasons. EWIVS Certification GmbH therefore reserves the right to change dates, starting times and venues and to cancel services if necessary.

In the event of cancellation by EWIVS Certification GmbH, any fees already paid will be refunded in full. Further claims by the customer, in particular claims for damages, are excluded.

7 Secrecy, confidentiality, data protection and consent to advertising mailings

1. EWIVS Certification GmbH undertakes to comply with the applicable data protection laws when processing personal data. Personal data collected in connection with the services of EWIVS Certification GmbH will be stored electronically and processed exclusively to the extent necessary for the fulfillment of the contract, for documentation in accordance with normative requirements, for bookkeeping, accounting and for customer relationship management including offers for additional services (such as re- and extension certifications). Personal data is stored for the period necessary to fulfill the aforementioned purposes.
2. customer data (such as name, title, date and place of birth, private and business contact details, professional credentials and certificates) and the order history are stored until the end of the business relationship and then archived in accordance with the statutory retention periods. Application documents, assessment reports and other certification documents are generally stored for 12 years, unless normative or statutory provisions require a longer retention period.
3. all information provided by clients to EWIVS Certification GmbH that is not publicly accessible shall be treated confidentially. Disclosure to third parties shall only take place with the written consent of the client or if this is required by law or standards. This confidentiality obligation shall also apply after the end of the cooperation.
4. customers are obliged to ensure that EWIVS Certification GmbH may lawfully process the personal data provided by them for the execution of the contract. This includes, in particular, compliance with data protection regulations, such as the fulfillment of information obligations under the GDPR and the obtaining of necessary consents. Customers shall indemnify and hold harmless EWIVS Certification GmbH with regard to any violations.
5. customers acknowledge that information may be passed on to accreditation, approval or designation bodies (e.g. NIILA, EU-CE) in accordance with section 3 and that these bodies may participate in relevant services of EWIVS Certification GmbH.
6. with separate consent, which can be revoked at any time, or on the basis of a legitimate interest, EWIVS Certification GmbH uses personal data of customers (such as name, title, date of birth, contact details) to send information and advertising about services and products of EWIVS Certification GmbH and affiliated organizations (e.g. the European Economic Association of Experts). Customers can object to the use of their data for advertising purposes at any time.
7. in addition, EWIVS Certification GmbH is obliged in accordance with the standards (in particular EN ISO/IEC 17024) to check and inform on request whether a person holds a valid certification in a specific area. For this purpose, a publicly accessible list of valid certificates and their holders may be made available on the website of EWIVS Certification GmbH. Customers agree to this publication.
8. data subjects have the right to information, correction, deletion and restriction of the processing of their data as well as the right to data transfer in accordance with data protection laws. The right to erasure may be restricted if there are statutory retention obligations or overriding interests of EWIVS Certification GmbH. Data subjects may object to the use of their data for direct marketing purposes at any time and have the right to lodge a complaint with the data protection authority. Data subjects can contact EWIVS Certification GmbH to exercise their rights and if they have any questions about data protection.

8. Liability of EWIVS Certification GmbH

Liability towards consumers (B2C):

1. EWIVS Certification GmbH excludes any liability for slightly negligent breaches of its contractual obligations, insofar as these do not concern essential contractual obligations. In the event of a slightly negligent breach of essential obligations which are necessary for the proper fulfillment of the contract and on the observance of which the customer may rely, EWIVS Certification GmbH shall only be liable for the foreseeable damage typical for the contract. The amount of liability is limited to the contractually agreed remuneration for the corresponding services paid on the due date.
2. despite careful examination, EWIVS Certification GmbH assumes no liability or guarantee for the correctness, completeness and up-to-dateness of the course and examination documents, other publications and the recognition of the certification. The limitations of liability do not apply in the case of intentional or grossly negligent behavior or personal injury. In these cases, the statutory provisions apply.

Liability towards entrepreneurs (B2B):

3. the liability of EWIVS Certification GmbH towards entrepreneurs is generally limited to cases of intent and gross negligence. EWIVS Certification GmbH accepts no liability for slight negligence.
4. liability is limited to typically foreseeable damage and the amount is limited to the contractually agreed remuneration for the underlying services paid on the due date. EWIVS Certification GmbH shall in no case be liable for loss of profit, consequential damage, indirect damage or pure financial loss.
5. claims for damages must be asserted in court within three months of becoming aware of the damage, but at the latest within two years of the event giving rise to the damage. Otherwise they shall become time-barred.
6. The customer guarantees that the services of EWIVS Certification GmbH will be used exclusively for their own purposes and not for third parties, insofar as this is legally permissible and unless otherwise agreed in writing. Should services nevertheless be passed on to third parties or used for third parties, this shall not give rise to any liability on the part of EWIVS Certification GmbH towards these third parties.
7. should EWIVS Certification GmbH nevertheless be liable to third parties in exceptional cases, the limitations of liability agreed in this section shall also apply to these third parties. Should a third party assert claims for damages against EWIVS Certification GmbH, the client shall fully indemnify and hold EWIVS Certification GmbH harmless against these claims. The agreed maximum liability sum shall apply once for all injured parties. If several persons (the client and/or third parties) are affected, the compensation shall be paid according to the time of receipt of the claims.

9. Intellectual property and copyrights

1. all documents provided by EWIVS Certification GmbH in connection with its services, regardless of whether they are provided in paper or electronic form, are the intellectual property of EWIVS Certification GmbH. These documents may only be used by the participants for personal training and further education purposes. Any use or disclosure beyond this is only permitted with the prior express written consent of EWIVS Certification GmbH. Without this consent, it is prohibited to reproduce the documents or make them accessible to third parties.
2. participants are prohibited from making image, audio or video recordings of the services offered without the express written consent of EWIVS Certification GmbH.
3. in the event of violations of these provisions, EWIVS Certification GmbH is entitled to claim a contractual penalty of € 50,000 per violation. Claims for further damages remain unaffected.

10. final provisions

1. amendments and supplements to these General Terms and Conditions (GTC) must be made in writing in order to be effective.
2. should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid clause.
3. the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Salzburg, Austria.
4. the contract shall be governed by Austrian law to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.

[B] Additional conditions for certificate holders

11. conditions for the granting of a certificate

1. the prerequisite for the award of a certificate is the successful completion of the recognition procedure or a final examination. Participation in the recognition procedure or examination requires formal registration (application for certification) by the participant. By registering for the examination, the participant agrees to fulfill the requirements for certification, to provide all necessary information for the assessment, in particular information on relevant qualifications, and to agree to these GTC.
2. With the successful completion of the recognition procedure or the examination, the participating person is subject to the conditions for certificate holders set out in point 11 if the certificate is granted.

Conditions for certificate holders

Holders of EWIVS Certification GmbH certificates undertake to comply with the following conditions:

1. certificate holders and applicants have the opportunity, after prior written notification to EWIVS Certification GmbH, to inspect the processes leading to the certification of competence. Certificate holders undertake to promote and apply the modern management methods recommended by EWIVS Certification GmbH in their professional activities.
2. certificate holders undertake to continuously develop their knowledge and skills, for example by attending specialist events, studying relevant literature or attending seminars in order to keep up to date with the latest professional requirements.
3. certificate holders are expected to encourage and maintain cooperation with colleagues from different companies, sectors and specialist areas in order to promote professional exchange.
4. All certificate holders have the right to apply for an extension before their certificate expires. The extension is granted if the current requirements are met and after successful verification of the necessary qualifications.
5. In order to maintain the certificate, certificate holders undertake to submit all necessary evidence of their competence and practical experience (e.g. job descriptions, interim certificates) at the request of EWIVS Certification GmbH or as part of the recertification process.
6. Certificates remain the property of EWIVS Certification GmbH. Certificate holders may only use their certificates in an appropriate and proper manner and are obliged not to use them misleadingly or improperly.
7. if a third party raises complaints or objections regarding the certificate holder’s competence or certification, the certificate holder is obliged to inform EWIVS Certification GmbH immediately in writing. EWIVS Certification GmbH reserves the right to investigate the complaint.
Translated with DeepL.com (free version)

8. Erfüllt eine zertifikatsinhabende Person die oben genannten Bedingungen nicht, ist die EWIVS Certification GmbH berechtigt, das Zertifikat vorübergehend oder dauerhaft und mit sofortiger Wirkung zu entziehen. Kann die zertifikatsinhabende Person die Bedingungen nicht länger erfüllen, ist sie verpflichtet, das Zertifikat zurückzugeben. Im Falle eines Entzugs oder einer Rückgabe des Zertifikats muss das Originaldokument unverzüglich per Einschreiben an die EWIVS Certification GmbH zurückgesandt werden, und alle Materialien, die den zertifizierten Status anzeigen, dürfen nicht weiter verwendet werden.

These conditions help to maintain the high standard and integrity of the certificates issued by EWIVS Certification GmbH.

The latest version of the GTC can be found on our website at https://www.ewivs.com/en/general-terms-and-conditions/