Terms and Conditions for Diving Supervisor and LST Certification

Updated 25 October 2020

1 Definitions

The following definitions are used in the Offshore Diving Supervisor and Life Support Technician Certification Scheme:

a)    ‘Certification Schemes Certificate’ (the ‘Certificate’) shall mean the certificate issued on successful completion of the examination

b)    ‘Offshore Diving Supervisor and Life Support Technician Certification Schemes’ shall mean the initial application, examination and accreditation as established by the International Marine Contractors Association (IMCA)

c)    ‘Anniversary Date’ shall mean the month and year upon which a Certification Schemes Certificate was awarded

d)    ‘Candidate’ shall mean a person applying for accreditation under the Certification Schemes

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 the 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)     ‘Certification Schemes – Minimum Requirements for Certification’ shall mean the current edition of document IMCA D 013, 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 Offshore Diving Supervisor and Life Support Technician Certification Schemes, 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.  Candidates must complete the application process within 120 days of application.  Failure to do so will require them to reapply in full and pay another application charge.  If IMCA has requested more information from the applicant and it has not been provided within 120 days of the application, the candidate will have to reapply in full and pay another application charge.

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 one year from that date to sit the examination (specific rules apply to any resit 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.
3. If due to circumstances out with the control of IMCA, the exam is cancelled at short notice, IMCA will not accept liability for any costs incurred by the candidate in such situations.

5 Examination Process

1. The Main Module Examinations shall consist of sections – each module addressing a specific competency as set in IMCA D 013.  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 Certification Schemes Certificate.
3. Upon successful completion of the examination, the Candidate shall be issued with a Certification Schemes Certificate by IMCA.
4. A Candidate who has been unsuccessful in the examination shall be advised accordingly in writing.  The Candidate shall also be advised of the re-sit rules.  Details of the current IMCA resit protocol are contained in IMCA D 013.
5. A Candidate who has been unsuccessful on three consecutive occasions shall not be permitted to re-sit the examination for a period of two years from the date of the last examination and must re-apply in full.
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 Liability

1. Any individual who is certified by IMCA is solely responsible for the safe, lawful and proper conduct of their operations.
2. Certification 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.

8 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:

a.    arising from or in connection with these terms and conditions; or

b.    relating to any non-contractual obligations arising from or in connection with these terms and conditions or the accreditation of any Offshore Diving Supervisor or Life Support Technician.

9 Schedule 1 – Schedule of Fees

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