Terms and conditions

General Terms and Conditions (GTC) of SECTOR Cert Gesellschaft für Zertifizierung GmbH

As of: November 2019 (PDF)

Scope of Application

These General Terms and Conditions apply to the services provided by the certification body SECTOR Cert – Gesellschaft für Zertifizierung GmbH (hereinafter referred to as SECTOR Cert) in the context of qualification examinations and certifications.

The certification system is based on DIN EN ISO/IEC 17024:2012 Conformity assessment – General requirements for bodies operating certification of persons, and is accredited by the German Accreditation Body (DAkkS).

Deviating terms and conditions of individual examination candidates or certification applicants (hereinafter referred to as candidates) cannot be accepted. Side agreements, commitments and other declarations by SECTOR Cert employees are only binding if expressly confirmed in writing by SECTOR Cert.

Qualification Examinations

Examinations are organised and conducted exclusively by examination centres authorised and monitored by SECTOR Cert. A list of authorised examination centres can be found on our website at www.sector-cert.com/unternehmen/zentren.

Registration for participation in examinations or cancellation of participation is made exclusively through the respective examination centre. Participation is subject to the general terms and conditions of the respective examination centre.

Candidates who do not meet the minimum requirements for examination participation before the examination are not admitted to the examination. A refund of the examination fee is excluded in this case. The minimum requirements are described in the respective certification programme.

Examination certificates are issued exclusively by the respective examination centre.

Cancellation of examination participation must be addressed to the respective examination centre as the organiser of the qualification examination. There is no entitlement to a refund of the examination fee from SECTOR Cert.

SECTOR Cert alone decides on the assignment and replacement of examiners.

The use of mobile phones, tablets or similar devices during the examination is not permitted.

Recording the examination or taking examination questions, examination tasks or answer sheets is not permitted. In proven cases, SECTOR Cert will claim damages.

During the examination, only permitted aids may be used. In case of doubt, the candidate must inquire before the examination.

Cheating or attempted cheating leads to the exclusion of the participant from the examination. The examination is considered failed. Application for re-examination is possible at the earliest after one year.

Payment of the examination fee to the examination centre does not guarantee passing the examination.

The authorised examiner decides impartially on passing the examination according to prescribed rules and a prescribed assessment scheme.

Failed examinations may be repeated in whole or in part against payment of a fee. The applicable time frames within which a repeat must take place are regulated in the respective certification programme.

A preliminary examination result can be requested from the examiner at the end of the examination. Candidates usually receive an official examination result 10 working days after the examination.

Inspection of the assessed examination can be made within 30 days of notification of the official result upon informal application at the premises of SECTOR Cert.

The validity period of examination results as a basis for certification is specified in the respective certification programme.

Passing a qualification examination does not automatically entitle the holder to receive a certificate.

Certification

Certification is only granted upon application. Applications must be submitted to SECTOR Cert in writing and fully completed. Only currently valid application forms may be used. These can be found at www.sector-cert.com/Download/Applications.

Certification is granted when all certification requirements of the respective certification programme are met. The certification decision is made by SECTOR Cert on the basis of an impartial, fair and non-discriminatory assessment.

SECTOR Cert alone decides on a reduction of certification requirements or the consideration of special needs on a case-by-case basis and upon written application.

By signing, the applicant confirms that all information provided is truthful and made in good faith. The applicant expressly authorises SECTOR Cert to obtain any information necessary to verify the information required for certification. The candidate must inform SECTOR Cert if the information on the certificate is incorrect, if the requirements for certification are no longer met, or if information provided needs to be amended.

The candidate undertakes to comply with the code of professional ethics. Compliance is a prerequisite for the validity of the certification.

The certificate is in no case a workplace authorisation. This can only be granted by the employer. A template for workplace authorisation can be found at www.sector-cert.com/Downloads/Applications.

The certificate is the property of SECTOR Cert. It is usually sent to the candidate's employer and must be handed over to the candidate. SECTOR Cert is entitled at any time to issue a duplicate to the candidate upon request.

Certificates issued erroneously by SECTOR Cert will be recalled, corrected and reissued with the original date of issue.

A certificate in radiographic testing (RT) according to DIN EN ISO 9712 does not automatically authorise the performance of radiographic testing. The candidate undertakes to observe the applicable legal regulations.

Suspension, Withdrawal, Annulment of Certificates

Violations of the certification rules or the code of professional ethics, a lapse of the certification requirements (e.g. physical incapacity or significant interruption) as well as misleading use of the certificate entitle SECTOR Cert at any time to suspend or withdraw the certificate.

The certificate also loses its validity if the person does not achieve recertification and remains invalid until the person meets the requirements for recertification or initial certification.

Complaints

A complaint or appeal procedure may be initiated against employees of SECTOR Cert or against certification decisions. The complaint or appeal must be addressed in writing to the Head of the Certification Body at SECTOR Cert.

Use of Certificates and Marks

The certificate issued by SECTOR Cert is the property of SECTOR Cert. The certificate or corresponding copies may not be altered or misused. The certificate must be protected from misuse by third parties. The right to use the certificate is strictly limited to the subject of certification and is bound to its validity. Advertising with the subject of a certification must accurately reflect the content of the issued certificate.

In the event of suspension or withdrawal of the certification, the candidate must refrain from any reference to an existing certification or certified status (e.g. on advertising materials, websites, etc.).

The use of the SECTOR Cert logo requires prior written permission from SECTOR Cert. The logo may only be used in the authorised form. Proportional size changes are permitted. The logo may not be transferred to third parties or successors. The use of the accreditation symbol / DAkkS logo is not permitted.


Violations must be rectified immediately and appropriate corrective measures must be taken. The certification body reserves the right to claim damages.

Copyright and Publications

The transfer of documents provided by SECTOR Cert or by the authorised examination centres, as well as information acquired, to third parties is not permitted.

Training materials and aids do not claim to be exhaustive and may not be used for commercial purposes.

Data Protection

SECTOR Cert requires personal data for the issuance of certificates. This data is processed and stored in compliance with data protection regulations. All employees of SECTOR Cert are contractually bound to data confidentiality.

Personal data is only transmitted to third parties with the written consent of the data subject. The employer of the data subject is considered a third party.

Confidentiality and Record Retention

SECTOR Cert, its employees and third parties commissioned by it are contractually obliged to maintain confidentiality and security. The confidentiality obligation also applies beyond the termination of the contractual relationship.

SECTOR Cert is obliged to retain records of the certification process. The maintenance of security and confidentiality of records is ensured by a documented procedure and is monitored at regular intervals.

Payment Terms and Prices

The agreed fees or the current price list at www.sector-cert.com/zertifizierung/preise apply for the billing of services. All prices are net, plus the applicable statutory value added tax.

Fees are due for payment immediately upon receipt of the invoice, but no later than the date specified on the invoice, without deduction.

Liability and Damages

Liability of SECTOR Cert is excluded unless the cause of damage is attributable to intent or gross negligence and unless there is an injury to life, body or health of the participant; insofar as SECTOR Cert has violated a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely) without SECTOR Cert being guilty of intent or gross negligence, the obligation to pay compensation is limited to the damage typically arising.

Jurisdiction and Applicable Law

The place of performance and jurisdiction is Siegburg, insofar as legally permissible. The law of the Federal Republic of Germany shall apply.