General Terms and Conditions of Future Network Cert GmbH

1. Preamble

These General Terms and Conditions form the basis for all legal relationships entered into between Future Network Cert GmbH (hereinafter referred to as “FNCert”), Floridsdorfer Hauptstraße 1, 1210 Vienna, Austria, Tel.: +43 1 71728-211, represented by its Managing Director Jonas Lenk, and its customers.

2. Registration for Certification Examinations

Registration must be made either in writing, by email, or via the Future Network Cert GmbH website (www.future-network-cert.at) and must include the following information:

• Examination/event, date and price
• Company address and telephone number
• For certification examinations, the candidate’s date of birth must also be provided
• Billing address, if different
• First name, last name and email address of the participant and the person placing the order

3. Admission to the Examination

Following written registration, FNCert will send the person placing the order a registration confirmation containing all information, terms and conditions, minimum number of participants and costs relevant to the respective booking.

The registration becomes binding once the person placing the order has received written confirmation from FNCert.

Even after registration has been confirmed, FNCert reserves the right to cancel or postpone an event or examination date for good cause, such as illness of the examiner, train or flight cancellations, or similar circumstances.

4. Date of the Certification Examination

Dates for certification examinations are arranged individually in consultation between the client and FNCert.

Registration for an online certification examination must be completed at least two business days before the examination is scheduled to begin.

5. Prices

Certification Examinations

The prices applicable to certification examinations are those stated on the website and in the order confirmation. All prices quoted are in euros and exclusive of VAT.

The total amount is payable in full without deduction.

For group examinations for students at universities or other higher education institutions, the total amount must be paid by bank transfer.

6. Services

The fees for paper-based examinations and examinations conducted in digital form with an examiner include the following services:

• Provision of a room, unless this is organized by a training institute
• Provision of examination materials in paper-based or digital form
• Examination supervision by an FNCert examiner; for remote examinations, supervision by a supervisor
• Assessment of the examination
• Preparation and dispatch of the certificate

The fees for remotely proctored online examinations conducted through the contracted service provider include the following services:

• Provision of the selected examination and creation of a customer account
• Assessment of the examination
• Preparation and dispatch of the certificate

Services Not Included in the Examination Fee

The following services are not included in the examination fee:

• Fees for complaints or appeals
• Reprinting and dispatch of duplicate certificates
• Any travel expenses incurred

7. Invoicing

The invoice will be issued after the examination has been completed.

Invoices are due for payment within 10 days of receipt.

Certificates will be dispatched by post within two weeks after receipt of payment.

Public examinations must be paid for in advance.

The customer shall bear all additional costs incurred in connection with international bank transfers.

8. Rescheduling and Cancellation

Rescheduling and cancellations must be made in writing.

Cancellation of Online Examinations

Cancellation of registration for a certification examination up to 7 days before the examination date is free of charge.

For cancellations made thereafter, an administration fee of €40 net will be charged. From 2 days before the examination date, the full certification examination fee will be charged as a cancellation fee.

However, a replacement participant may be nominated free of charge.

Any differing provisions applicable to individual examinations will be stated on the website where applicable.

FNCert reserves the right to cancel certification examinations at short notice. In such cases, the participant shall be entitled to withdraw from the contract free of charge.

Cancellation of In-House Examinations

In the event of cancellation within 3 weeks prior to the examination date, any travel expenses incurred or cancellation costs associated with travel bookings will be charged to the customer.

Cancellation of registration for a certification examination up to 10 days before the examination date is free of charge, except for any applicable travel expenses.

For cancellations made 9 days or less before the examination date, a flat fee of €400 plus VAT will be charged.

Any travel expenses incurred or travel cancellation costs will be charged to the customer for cancellations made within 3 weeks prior to the examination date.

9. Inspection of Examination Results

Each participant has the right to request an inspection of their examination within 30 days of being notified of the examination result.

An inspection of the participant’s own examination is only possible in Vienna. An administration fee of €70 net will be charged for this service.

For paper-based examinations, the inspection consists of a comparison of the expected and actual results. An FNCert employee will be present during the inspection.

For examinations conducted outside Austria, FNCert will make reasonable efforts to arrange an opportunity for inspection in the country where the examination took place. However, there is no legal entitlement to such an inspection.

10. Confidentiality Obligation

Depending on the certification provider, examination participants are required to sign a confidentiality agreement concerning examination-related questions and content as part of the examination process.

Participants undertake towards the certification provider to treat all information relating to the examination materials as confidential and to use such information solely in connection with the examination.

Such information may not be disclosed to third parties who are not authorized by the certification provider, nor may it otherwise be made accessible to such third parties.

The confidentiality obligation shall remain in force for as long as the respective examination materials remain valid.

The confidentiality obligation shall not apply to information that can demonstrably be shown to be generally known.

In the event of a breach of this obligation, the certification provider may assert claims for damages. The certification providers estimate the potential damage at a minimum of €10,000.

Any differing provisions applicable to individual certification examinations will be communicated to participants in writing as part of the respective examination process.

11. Data Protection

Data voluntarily provided to FNCert by the customer will be stored and processed electronically in compliance with applicable data protection legislation.

All examination-related data will be processed electronically as personal data for contractual purposes and for internal customer administration and will only be used for the issuance, administration and recognition of certificates.

Data may be transferred to one or more data processors, such as a parcel delivery service or financial institutions involved in processing payments, where this is necessary for the provision of the relevant services.

The data will not otherwise be disclosed to third parties.

Registered individuals may request that the personal data provided during registration be amended or deleted at any time, provided that this does not conflict with statutory retention obligations.

In such a case, however, it will no longer be possible to issue duplicates or other confirmations of the certification.

12. Limitation of Liability

FNCert shall not be liable for the loss of or damage to personal belongings brought to events unless such loss or damage is attributable to at least gross negligence on the part of FNCert.

FNCert shall likewise not be liable for personal injury, except where liability is mandatory under applicable law.

13. Place of Jurisdiction

The place of performance and the place of jurisdiction for all claims and disputes arising from the contractual relationship shall be Vienna, Austria.

Future Network Cert GmbH
Floridsdorfer Hauptstraße 1, 1210 Vienna, Austria
Tel.: +43 1 71728-211
Email: cert@future-network-cert.at