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{"id":126471,"date":"2020-10-25T11:33:56","date_gmt":"2020-10-25T11:33:56","guid":{"rendered":"https:\/\/dev.imca-int.com\/?page_id=126471"},"modified":"2020-10-25T11:33:57","modified_gmt":"2020-10-25T11:33:57","slug":"terms-dp-accreditation","status":"publish","type":"page","link":"https:\/\/dev.imca-int.com\/legal-notices\/terms-dp-accreditation\/","title":{"rendered":"Terms and Conditions for DP Practitioner Accreditation"},"content":{"rendered":"

Updated 25 October 2020<\/p>

1 Definitions<\/h2>

The following definitions are used in the Accreditation Scheme:<\/p>

a)\u00a0\u00a0\u00a0 \u2018DP Practitioner Accreditation Certificate\u2019 (the \u2018Certificate\u2019) shall mean the certificate issued on successful completion of the examination<\/p>

b)\u00a0\u00a0\u00a0 \u2018DP Practitioner Accreditation Scheme\u2019 shall mean the initial application, examination, accreditation and ongoing revalidation as established by the International Marine Contractors Association (IMCA)<\/p>

c)\u00a0\u00a0\u00a0 \u2018Anniversary Date\u2019 shall mean the date upon which an Accreditation Certificate shall expire unless revalidated.\u00a0 This shall be a period of three years less one day from the date of issue<\/p>

d)\u00a0\u00a0\u00a0 \u2018Candidate\u2019 shall mean a person applying for accreditation under the DP Practitioner Accreditation Scheme<\/p>

e)\u00a0\u00a0\u00a0 \u2018Data Protection Legislation\u2019 shall mean:<\/p>

i.\u00a0\u00a0\u00a0\u00a0 Any applicable law relating to the processing of personal data, as applicable to either Party or to the Services, including:<\/p>

(1)\u00a0\u00a0 The Directive 95\/46\/EC (Data Protection Directive) or the GDPR;<\/p>

(2)\u00a0\u00a0 Any laws which implement such laws<\/p>

(3)\u00a0\u00a0 Any laws which replace, extend, re-enact, consolidate or amend any of the laws stated in (1) and (2) above<\/p>

(4)\u00a0\u00a0 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)<\/p>

ii.\u00a0\u00a0\u00a0 \u2018GDPR\u2019 shall mean he General Data Protection Regulation (EU) 2016\/679<\/p>

iii.\u00a0\u00a0 \u2018Protected Data\u2019 shall mean Personal Data received from or on behalf of the Candidate, or obtained in connection with the Accreditation Scheme<\/p>

iv.\u00a0\u00a0 \u2018Sub-Processor\u2019 shall mean any agent, sub-contractor or any other third-party engaged by IMCA, which will be processing protected data<\/p>

f)\u00a0\u00a0\u00a0\u00a0 \u2018DP Practitioner Accreditation Scheme Handbook\u2019 shall mean the current edition of document IMCA M 249, which shall be periodically updated by IMCA and published on the IMCA website<\/p>

g)\u00a0\u00a0\u00a0 \u2018Evidence Portfolio\u2019 shall mean required documentation submitted by the Candidate as proof of its compliance with the criteria established under this Scheme<\/p>

h)\u00a0\u00a0\u00a0 \u2018Evidence Portfolio Review\u2019 shall mean a review of the required documentation submitted in (g).\u00a0 This review shall be undertaken by the IMCA secretariat<\/p>

i)\u00a0\u00a0\u00a0\u00a0 \u2018Examination\u2019 shall mean the multiple-choice examination undertaken by the Candidate following successful review of the evidence portfolio submitted<\/p>

j)\u00a0\u00a0\u00a0\u00a0 \u2018Fee(s)\u2019 shall mean the sums payable for services provided under the DP Practitioner Accreditation Scheme, as set out in Schedule 1 of these Terms & Conditions.\u00a0 Fees payable under this Scheme are non-refundable.<\/p>

2 Fees Payable<\/h2>
  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\u2019 Evidence Portfolio (EP) by the IMCA Secretariat against the established criteria.<\/li>
  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.<\/li>
  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.<\/li><\/ol>

    3 Non-approval of Candidates<\/h2>
    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.\u00a0 In such an event, IMCA shall provide the Candidate with the reasons for that decision in writing.<\/li><\/ol>

      4 Scheduling of Examinations<\/h2>
      1. Examinations shall be scheduled by IMCA and shall take place as soon as possible after approval of a Candidate\u2019s Evidence Portfolio (EP).\u00a0 However, following the approval of the Evidence Portfolio (EP), candidates shall have up to two years from that date to sit the examination.<\/li>
      2. IMCA reserves the right to reschedule an examination up to four weeks prior to the original date given for the exam.\u00a0 IMCA shall not be liable for any costs incurred in such circumstances.\u00a0 Candidates are therefore advised not to finalise travel plans prior to this date.<\/li><\/ol>

        5 Examination Process<\/h2>
        1. The Examination shall consist of four sections presented across eight modules \u2013 each module addressing a specific competency as set out in paragraph 2.5 of the IMCA DP Practitioner Accreditation Scheme Handbook, IMCA M 249.\u00a0 Candidates shall be required to pass each section in order to be deemed to have passed the examination.\u00a0 Candidates who fail any section shall be considered to have failed the examination regardless of the total mark obtained.<\/li>
        2. A Candidate shall not be accredited until the examination has been passed.\u00a0 The date of the examination shall be the date used on the DP Practitioner Accreditation Certificate and for revalidation purposes.<\/li>
        3. Upon successful completion of the examination, the Candidate shall be issued with a DP Practitioner Accreditation Certificate by IMCA.\u00a0 Subject to the revalidation requirements, this Certificate shall be valid for a period of three years and shall expire on the Anniversary Date.<\/li>
        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.\u00a0 Such a Candidate shall also be advised of the re-sit rules.\u00a0 Reference is made to the IMCA DP Practitioner Accreditation Scheme Handbook, IMCA M 249, for further details.<\/li>
        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.<\/li>
        6. A fee shall be charged each time an examination is retaken, in accordance with the Schedule of Fees contained in Schedule 1.<\/li><\/ol>

          6 Appeals<\/h2>
          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.\u00a0 Any subsequent decision by IMCA on this issue shall be final.<\/li><\/ol>

            7 Revalidation Process<\/h2>
            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.\u00a0 Should payment not be received by the due date, the candidate\u2019s accreditation shall be suspended until payment is received.\u00a0 Should payment not be received within 90 days of the due date, then accreditation shall be revoked.<\/li>
            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.\u00a0 Should the revalidation criteria not be met, then the candidate\u2019s accreditation shall be revoked.<\/li><\/ol>

              8 Appeals<\/h2>
              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.\u00a0 Any subsequent decision by IMCA on this issue shall be final.<\/li><\/ol>

                9\u00a0Lapsed Accreditation Certificates<\/h2>
                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.<\/li>
                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.<\/li><\/ol>

                  10 Non-Compliance<\/h2>
                  1. Based on feedback to IMCA, IMCA reserves the right to audit the work of IMCA Accredited DP Practitioners.\u00a0 IMCA reserves the right to revoke any accreditation on the basis of the outcome of any such audit.<\/li>
                  2. DP Practitioners accredited in accordance with this Scheme shall comply with IMCA\u2019s \u2018Bye-Laws\u2019 and its\u2019 \u2018Code of Conduct\u2019 as published on the IMCA website.\u00a0 IMCA reserves the right to revoke any accreditation on the basis of non-compliance with this Code.<\/li><\/ol>

                    11 Liability<\/h2>
                    1. Any individual who is certified by IMCA is solely responsible for the safe, lawful and proper conduct of their operations.<\/li>
                    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\u2019s bye-laws, codes of practice, guidelines, information notes and other materials.<\/li>
                    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\u2019s liability shall not exceed GBP 10.<\/li><\/ol>

                      12 Law and jurisdiction<\/h2>
                      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.<\/li>
                      2. The courts of England are to have exclusive jurisdiction over any dispute:
                        1. a.\u00a0\u00a0\u00a0 arising from or in connection with these terms and conditions; or<\/li>
                        2. b.\u00a0\u00a0\u00a0 relating to any non-contractual obligations arising from or in connection with these terms and conditions or the accreditation of any DP practitioner.<\/li><\/ol><\/li><\/ol>

                          13 Schedule 1 \u2013 Schedule of Fees<\/h2>
                          Item<\/th>Fee<\/th><\/tr><\/thead>
                          Initial application<\/td>GBP 550<\/td><\/tr>
                          Revalidation annual fee<\/td>GBP 125<\/td><\/tr>
                          Additional check of evidence<\/td>GBP 350<\/td><\/tr>
                          Examination resit<\/td>GBP 200<\/td><\/tr><\/tbody><\/table><\/figure>

                          Additional costs including but not limited to travel, accommodation and subsistence shall be at the candidate\u2019s expense.<\/p>","protected":false},"excerpt":{"rendered":"

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