Terms and Conditions for DP Practitioner Accreditation

Updated 25 October 2020

1 Definitions

The following definitions are used in the Accreditation Scheme:

a)    ‘DP Practitioner Accreditation Certificate’ (the ‘Certificate’) shall mean the certificate issued on successful completion of the examination

b)    ‘DP Practitioner Accreditation Scheme’ shall mean the initial application, examination, accreditation and ongoing revalidation as established by the International Marine Contractors Association (IMCA)

c)    ‘Anniversary Date’ shall mean the date upon which an Accreditation Certificate shall expire unless revalidated.  This shall be a period of three years less one day from the date of issue

d)    ‘Candidate’ shall mean a person applying for accreditation under the DP Practitioner Accreditation Scheme

e)    ‘Data Protection Legislation’ shall mean:

i.     Any applicable law relating to the processing of personal data, as applicable to either Party or to the Services, including:

(1)   The Directive 95/46/EC (Data Protection Directive) or the GDPR;

(2)   Any laws which implement such laws

(3)   Any laws which replace, extend, re-enact, consolidate or amend any of the laws stated in (1) and (2) above

(4)   All Guidance, Codes of Practice and Codes of Conduct issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (whether legally binding or not)

ii.    ‘GDPR’ shall mean he General Data Protection Regulation (EU) 2016/679

iii.   ‘Protected Data’ shall mean Personal Data received from or on behalf of the Candidate, or obtained in connection with the Accreditation Scheme

iv.   ‘Sub-Processor’ shall mean any agent, sub-contractor or any other third-party engaged by IMCA, which will be processing protected data

f)     ‘DP Practitioner Accreditation Scheme Handbook’ shall mean the current edition of document IMCA M 249, which shall be periodically updated by IMCA and published on the IMCA website

g)    ‘Evidence Portfolio’ shall mean required documentation submitted by the Candidate as proof of its compliance with the criteria established under this Scheme

h)    ‘Evidence Portfolio Review’ shall mean a review of the required documentation submitted in (g).  This review shall be undertaken by the IMCA secretariat

i)     ‘Examination’ shall mean the multiple-choice examination undertaken by the Candidate following successful review of the evidence portfolio submitted

j)     ‘Fee(s)’ shall mean the sums payable for services provided under the DP Practitioner Accreditation Scheme, as set out in Schedule 1 of these Terms & Conditions.  Fees payable under this Scheme are non-refundable.

2 Fees Payable

1. Payment in full of the required Fee, as set out in Schedule 1, shall be made in order to initiate a review of a Candidates’ Evidence Portfolio (EP) by the IMCA Secretariat against the established criteria.
2. As set out in the Schedule of Fees, two review cycles of the EP shall be included as part of the initial payment, which will enable any issues raised by the IMCA Secretariat to be addressed and clarified by the Candidate.
3. Any further review cycles required as a result of insufficient evidence being submitted, or failure to address questions raised during the review process, shall incur an additional fee as set out in Schedule 1.

3 Non-approval of Candidates

1. Should the review of the Evidence Portfolio (EP) result in a Candidate being considered as not having met the established criteria, that Candidate shall not be permitted to progress to the examination stage of the process.  In such an event, IMCA shall provide the Candidate with the reasons for that decision in writing.

4 Scheduling of Examinations

1. Examinations shall be scheduled by IMCA and shall take place as soon as possible after approval of a Candidate’s Evidence Portfolio (EP).  However, following the approval of the Evidence Portfolio (EP), candidates shall have up to two years from that date to sit the examination.
2. IMCA reserves the right to reschedule an examination up to four weeks prior to the original date given for the exam.  IMCA shall not be liable for any costs incurred in such circumstances.  Candidates are therefore advised not to finalise travel plans prior to this date.

5 Examination Process

1. The Examination shall consist of four sections presented across eight modules – each module addressing a specific competency as set out in paragraph 2.5 of the IMCA DP Practitioner Accreditation Scheme Handbook, IMCA M 249.  Candidates shall be required to pass each section in order to be deemed to have passed the examination.  Candidates who fail any section shall be considered to have failed the examination regardless of the total mark obtained.
2. A Candidate shall not be accredited until the examination has been passed.  The date of the examination shall be the date used on the DP Practitioner Accreditation Certificate and for revalidation purposes.
3. Upon successful completion of the examination, the Candidate shall be issued with a DP Practitioner Accreditation Certificate by IMCA.  Subject to the revalidation requirements, this Certificate shall be valid for a period of three years and shall expire on the Anniversary Date.
4. A Candidate who has been unsuccessful in the examination shall be advised accordingly in writing and shall be provided with feedback on the failed modules.  Such a Candidate shall also be advised of the re-sit rules.  Reference is made to the IMCA DP Practitioner Accreditation Scheme Handbook, IMCA M 249, for further details.
5. A Candidate who has been unsuccessful on three consecutive occasions shall not be permitted to re-sit the examination for five years from the date of the last examination.
6. A fee shall be charged each time an examination is retaken, in accordance with the Schedule of Fees contained in Schedule 1.

6 Appeals

1. Candidates who have been unsuccessful and wish to appeal should do so in writing to IMCA within 30 days of the date of the letter advising them of the outcome.  Any subsequent decision by IMCA on this issue shall be final.

7 Revalidation Process

1. In order to obtain revalidation of their accreditation, candidates shall be issued with an invoice on an annual basis for the revalidation fee set out in Schedule 1.  Should payment not be received by the due date, the candidate’s accreditation shall be suspended until payment is received.  Should payment not be received within 90 days of the due date, then accreditation shall be revoked.
2. Candidates wishing to obtain a revalidation of their DP Practitioner Accreditation Certificate shall submit the required Evidence Portfolio (EP) no later than six weeks prior to the expiry of their Certificate.  Should the revalidation criteria not be met, then the candidate’s accreditation shall be revoked.

8 Appeals

1. Appeals against a decision to revoke a DP Practitioner Accreditation Certificate should be submitted to IMCA within 30 days of expiry of the Certificate.  Any subsequent decision by IMCA on this issue shall be final.

9 Lapsed Accreditation Certificates

1. Should a DP Practitioner Accreditation Certificate be permitted to lapse, it shall not be revalidated in accordance with the process set out in Revalidation Process.
2. A Candidate wishing to reinstate their accreditation having allowed their DP Practitioner Accreditation Certificate to lapse, shall be required to recommence the process as a new applicant.

10 Non-Compliance

1. Based on feedback to IMCA, IMCA reserves the right to audit the work of IMCA Accredited DP Practitioners.  IMCA reserves the right to revoke any accreditation on the basis of the outcome of any such audit.
2. DP Practitioners accredited in accordance with this Scheme shall comply with IMCA’s ‘Bye-Laws’ and its’ ‘Code of Conduct’ as published on the IMCA website.  IMCA reserves the right to revoke any accreditation on the basis of non-compliance with this Code.

11 Liability

1. Any individual who is certified by IMCA is solely responsible for the safe, lawful and proper conduct of their operations.
2. Accreditation of any person by IMCA does not constitute a representation, warranty or guarantee by IMCA that the certified person will perform their operations consistently with IMCA’s bye-laws, codes of practice, guidelines, information notes and other materials.
3. Any liability which IMCA may have to any certified individual shall not exceed the total of the fees paid by, or on behalf of, them as set out in Schedule 1 below. If no fees have been paid by, or on behalf of, the certified individual IMCA’s liability shall not exceed GBP 10.

12 Law and jurisdiction

1. These terms and conditions, and any non-contractual obligations arising from or in connection with them, shall in all respects be governed by and interpreted in accordance with English law.
2. The courts of England are to have exclusive jurisdiction over any dispute:
   1. a.    arising from or in connection with these terms and conditions; or
   2. b.    relating to any non-contractual obligations arising from or in connection with these terms and conditions or the accreditation of any DP practitioner.

13 Schedule 1 – Schedule of Fees

Additional costs including but not limited to travel, accommodation and subsistence shall be at the candidate’s expense.