Rules and Regulations for EXIN’s Examinations

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Rules and Regulations for EXIN’s Examinations

Contents
Title 1

General Provisions ...................................................................................................... 4Art. 1

Purpose and Scope ..........................................................................................................4

Art. 2

Definitions .......................................................................................................................4

Art. 3

Validity ............................................................................................................................6

Art. 4

Deviations from the Rules and Regulations ......................................................................6

Art. 5

Changes to the Rules and Regulations ..............................................................................6

Art. 6

Cases not Provided for .....................................................................................................6

Art. 7

Relation with EXIN’s General Terms and Conditions .........................................................6

Art. 8Personal Data ..................................................................................................................7

Title 2Art. 9Title 3

Examination Modules .................................................................................................. 7

Examination Modules and Examination Requirements.....................................................7
General Examination Provisions ................................................................................... 7

Art. 10

Method for the Conduct of Examinations ........................................................................7

Art. 11

Examination Dates ...........................................................................................................8

Art. 12

Examination Information .................................................................................................8

Art. 13

Exemptions ......................................................................................................................8

Title 4

Registration for Examinations ....................................................................................... 8Art. 14

Entry Requirements .........................................................................................................8

Art. 15

Registration for Examinations ..........................................................................................9

Title 5

Examination Rules; Fraud; Confidentiality; Intellectual Property ........................................ 9Art. 16

General Examination Rules ..............................................................................................9Art. 17

Special Examination Rules for Online Examination via EXIN Anywhere .............................9Art. 18

Fraud ............................................................................................................................. 11Art. 19(Intellectual) Property of Examination Materials; Confidentiality ................................... 11

Title 6

Sanctions; Additional Measures .................................................................................. 12Art. 20

Sanctions for Deviations or Irregularities........................................................................ 12Art. 21Additional Measures ...................................................................................................... 12

Title 7

Assessment of Examinations and Issuing of Results ..................................................... 13

Art. 22

Assessment of Examinations by an Automatic Grading Key ............................................ 13

Art. 23

Assessment Methods for Oral Examinations .................................................................. 13

Art. 24

Assessment Methods for Examinations with Essay Questions/Open Questions .............. 13

Art. 25

Coaching Report ............................................................................................................ 14

Art. 26

Issuing of Results; Term, internal review ........................................................................ 14

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Art. 27

Additional Test .............................................................................................................. 15

Art. 28

Awarding of Certificates and Diplomas........................................................................... 15

Title 8

Review, Objection and Appeal .................................................................................... 16

Art. 29

Review Sessions ............................................................................................................. 16

Art. 30

Objections ..................................................................................................................... 16

Art. 31

Appeals.......................................................................................................................... 17

Art. 32 Concurrence of Objection and Appeal for Reasons Related to the Contents of the
Examination .................................................................................................................................. 19
Title 9Art. 33
Title 10Complaints ............................................................................................................... 19

Complaint Handling; Relation to Objections and Appeals ............................................... 19
Force Majeure, Liability.............................................................................................. 20

Art. 34

Force Majeure ............................................................................................................... 20

Art. 35

Liability .......................................................................................................................... 20

Title 11Art. 36

Applicable Law; Competent Court; Language ............................................................... 20

Applicable Law ; Competent Court; Language ................................................................ 20

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Title 1

General Provisions

Art. 1

Purpose and Scope
1.1

These rules and regulations contain the provisions for all Central Examinations andall Decentral Examinations as defined under article 2.

1.2

These rules and regulations were previously referred to as ‘Rules and Regulations
for EXIN’s Central Examinations’. Where in other documents reference is still madeto the ‘Rules and Regulations for EXIN’s Central Examinations’, these ‘Rules andRegulations for EXIN’s Examinations’ are meant and apply.

1.3

Examinations conducted by EXIN but licensed through third parties may be subject
to different rules than those included in these Rules and Regulations. Where
applicable, this will be mentioned in the Preparation Guide, on the EXIN website orannounced in any other way.

Art. 2

Definitions

In these rules and regulations, the terms below have the following meanings:
2.1“Appeal”: the request of a Candidate to revise a decision by EXIN on the awarding,denial or withdrawal of Certificates or Diplomas or a decision by EXIN on an
Objection.

2.2“Objection”: the request of a Candidate to revise a decision by EXIN in so far asthese Rules and Regulations explicitly provide for objections to be lodged againstthat decision.

2.3“Central Examinations”: Examinations conducted by EXIN or its subsidiaries in the
Netherlands or elsewhere, including Examinations conducted at EXIN examination
locations at Eureka Examens and Examinations conducted online via EXIN
Anywhere.

2.4”Certificate”: the document issued by EXIN that proves that the Candidate meets
all Examination requirements set for a certain Examination by EXIN.

2.5“Coaching Report”: the document issued by EXIN in which the Candidate is
informed on personal areas requiring special attention for study purposes.

2.6“Decentral Examinations”: all Examinations conducted on behalf of EXIN in the
Netherlands or elsewhere by an EXIN Partner.

2.7“Diploma”: the document issued by EXIN that proves that the Candidate has been
awarded several specific Certificates as included in the Examination Requirements
set by EXIN for a certain Examination.

2.8”Board of Directors”: the Board of Directors of EXIN Holding B.V.

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2.9“Examination”: the mechanism used to establish whether the Candidate meets all
the Examination Requirements set by EXIN;

2.10“Examination Requirements”: the requirements laid down by EXIN in the
Preparation Guide for passing an Examination.

2.11“Examination Supervisor”: the invigilator authorized by EXIN to supervise a Central
Examination or Decentral Examination.

2.12“Examination Materials”: all materials made available by EXIN or an EXIN partner
to the Candidate during the Examination or during a review session, including
examination questions and examination answers.

2.13“Examination Module”: a module on a specific topic and with a specific degree ofdifficulty which is designated for the certification of individuals by means of an
Examination.

2.14”EXIN”: EXIN Holding B.V.

2.15

“EXIN Partner”: a party accredited or otherwise authorized by EXIN within theframework of EXIN’s certification, including accredited examination centers andcomputer-based testing agents.

2.16“Fraud” or “Committing Fraud”: the acts which partly or wholly obstruct proper
judgment of the tested knowledge, understanding and skills. These acts also
include any use of aids that are not explicitly permitted, and plagiarism.

2.17”Candidate”: the natural person who wishes to take or has taken an EXIN
Examination.

2.18“Complaint”: all remarks of a Candidate on the services of EXIN, except Objections
and Appeals.

2.19“Live Monitored Online Examination”; an Examination conducted remotely throughthe online examination channel EXIN Anywhere Online, during which the
Candidate is monitored permanently by the Examination Supervisor;

2.20“Preparation Guide”: the document, for some Examination Modules referred to as
syllabus, published or made available by EXIN in which the Examination Module
plus the Examination Requirements, Entry Requirements, literature and theduration of the Examination are described.

2.21“Procedural Complaint”: A Complaint of a procedural nature which concerns the
conduct of an Examination and/or the relevant preliminary/subsequent stage.

2.22“Board of Appeal”: the committee installed by EXIN which is responsible forhandling and deciding over Appeals.

2.23”Rules and Regulations”: these rules and regulations for EXIN’s Examinations.

2.24“Result Paper”: the document issued by EXIN which proves that the Candidate hastaken an EXIN Examination and which shows the result obtained.

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2.25“Entry Requirements”: the requirements set by EXIN for the relevant Examination
Module, also referred to as admission requirements, that a Candidate must havemet before being allowed to register for an Examination. Examples are that an
accredited training must have been completed or a certain Certificate must havebeen obtained.

2.26“Video Proctored Online Examination”: an Examination conducted remotely
through the online examination channel EXIN Anywhere Online, during which the
Candidate is not monitored permanently, but for which control and monitoring takes
place afterwards, on the basis of video and audio recordings made during the
Examination.

Art. 3

Validity
These Rules and Regulations come into effect on 1 February 2020.

Art. 4

Deviations from the Rules and Regulations
4.1

The organization of the Examinations to be conducted rests with the Board of
Directors, with due observance of the provisions set out in these Rules andRegulations.

4.2

If circumstances occur before or during an Examination that are related to theorganization and that must be resolved immediately, decisions will be taken by the
Examination Supervisor authorized by the Board of Directors.

Art. 5

Changes to the Rules and Regulations
5.1

These Rules and Regulations can be changed, added to or withdrawn by the
Board of Directors.

5.2

Changes, additions or withdrawals will come into effect immediately withpublication of a revised version of these Rules and Regulations at www.exin.com.

Art. 6

Cases not Provided for
The Board of Directors decides in cases not provided for by these Rules and Regulations.

Art. 7

Relation with EXIN’s General Terms and Conditions
7.1

For Candidates that partake in Central Examinations, the General Terms andConditions also apply. The general terms and conditions include, amongst otheraspects, stipulations on registration, payment, cancellation and rescheduling of
Examinations. In case of discrepancies between the general terms and conditions

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and these Rules and Regulations, the general terms and conditions will prevail,unless the General Terms and Conditions explicitly refer to these Rules andRegulations.
7.2

In case of participation in Central and Decentral Examinations, additional terms
can be applicable with respect to the examination location, such as house rules. In
case of conflict between such terms and the Rules and Regulations, the Rules andRegulations will prevail.

Art. 8Personal Data
Personal data of Candidates will be processed and used in accordance with the privacy
statement of EXIN, which is published at www.exin.com.

Title 2

Examination Modules

Art. 9Examination Modules and Examination Requirements
9.1

EXIN determines the Examination Modules. The available examination portfolio issubject to change. EXIN publishes all Examination Modules available and changes
thereto at www.exin.com. This does not apply to Examination Modules that areavailable only to or through specific EXIN Partners; these will be announced only toor through that EXIN Partner.

9.2

EXIN defines Examination Requirements for each Examination Module.

9.3

The Examination Requirements are described in the Preparation Guide for the
relevant Examination Module. The Preparation Guide can be consulted atwww.exin.com.

9.4

A material change to the Examination Requirements or a decision to revoke any of
the Examination Modules will come into effect after a term of at least two months
has lapsed since the publication of that change. The Board of Directors has theright to deviate from this term.

9.5

Subjects that are included in the Examination Requirements but not in the literature
mentioned are part of the subject matter a Candidate must master for the
Examination.

Title 3General Examination Provisions

Art. 10

Method for the Conduct of Examinations
10.1

Examinations are conducted in writing, orally, or can be computer controlled orcomputer assisted. Examinations with an automatic grading key (including multiple

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choice) may be conducted in writing or on the computer. Examinations with essays
or open questions may be conducted both in writing and on the computer.
10.2

In preparation of the Examination a copy of the Examination case is madeavailable prior to the Examination date in certain cases.

10.3

EXIN seeks to enable candidates who are for any reason whatsoever unable totake an Examination in the manner prescribed, to partake in the Examination
another way. Examples are Candidates who are visually impaired or who havedyslexia. Special measures can be taken for them upon request.

10.4

In individual cases, the Board of Directors has the right to decide that the
Examination be conducted in a manner deviating from the manner provided for inthese Rules and Regulations. Candidates will be informed of this as soon as
possible after such a decision has been made.

Art. 11

Examination Dates
11.1

Computer assisted, computer controlled, and written Central Examinations will be
conducted on the dates set by EXIN. Oral Central Examinations will be conducted
on a date set by EXIN after consulting the Candidate.

11.2

Art. 12EXIN reserves the right to change examination dates already set.

Examination Information
General information concerning Examination Modules, such as on the current portfolio
and information on any expiry dates of Certificates or Diplomas obtained can be found atwww.exin.com. More detailed information, for example on Examination dates or expiry
dates of Central Examinations, is available through EXIN’s online reservation system.

Art. 13

Exemptions
There are several exemption possibilities for Candidates who wish to take an EXIN
Examination. Next to that, Candidates who have completed other certification programs
can make use of various switch options. Further information on this can be found atwww.exin.com.

Title 4

Registration for Examinations

Art. 14

Entry Requirements
Some of the Examination Modules have Entry Requirements which the Candidate musthave met upon registration. The Entry Requirements are defined in detail in the
Preparation Guide on the relevant Examination Module.

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Art. 15

Registration for Examinations
15.1

Registration for Central Examinations takes place in accordance with theapplicable general terms and conditions of EXIN.

15.2

Registration for Decentral Examinations takes place through the EXIN Partner and
EXIN receives the information on the Candidate from the EXIN Partner.

Title 5

Examination Rules; Fraud; Confidentiality; Intellectual Property

Art. 16

General Examination Rules
16.1

Each Candidate must observe the Examination rules as laid down in this article.

16.2

During the Examination, the conduct of the Candidate and the circumstances must
enable EXIN to establish the identity and/or to test the knowledge, understanding
and/or skills of the Candidate in an adequate manner.

16.3

The Candidate must prove his/her identity prior to the Examination by means of avalid ID, recognized by law and carrying a recent photo;

16.4

The Candidate must be present in the examination room in time and at the time
mentioned in the notice;

16.5

The Candidate must follow the instructions of the Examination Supervisor;

16.6

The Candidate must act in accordance with these Rules and Regulations (and, inso far as applicable, in accordance with additional stipulations in the general terms
and conditions of EXIN) e.g. with respect to Entry Requirements;

16.7

The financial obligations with regards to the Examination must have been met;

16.8

During the Examination only the Examination Material supplied by EXIN during the
Examination can be used, unless explicitly mentioned otherwise in the Preparation
Guide or unless EXIN has explicitly consented to such usage. If the use of specificbooks is explicitly allowed pursuant to the Preparation Guide, only clean physicalbooks without notes or other comments can be used.

Art. 17

Special Examination Rules for Online Examination via EXIN Anywhere
17.1

Without prejudice to the General Examination Rules as described in article 16 ofthese Rules and Regulations, a Candidate taking the Examination via EXIN
Anywhere must also abide by the following rules laid down in this article.

17.2

Candidates taking a Video Proctored Online Examination must prove their identity
prior to the examination by (1) taking a photograph of himself or herself with thewebcam (the face must be fully visible) and (2) taking a photograph with thewebcam of a valid proof of identity including a closely resembling photograph.

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17.3

The Candidate is obliged to show the test environment by making a 360° film of thetest environment with the webcam; this film must be suitable to enable EXIN tocheck whether the environment is in line with the requirements as laid down in thisarticle.

17.4

If the use of books during the Examination is explicitly allowed pursuant to the
Examination Requirements, the Candidate must show the book by means of avideo recording: this video recording must enable EXIN to assess whether therequirements under article 16.8, second sentence, have been met. The Candidate
must at least show the front and back covers of the book and must browse thebook slowly.

17.5

The test environment in which the Candidate takes the Examination must meet thefollowing requirements:a)

The Candidate’s test environment must be quiet and tranquil.

b)

There may not be any other people in the room.

c)

On the desk or other workplace, there may not be anything except a computer
and, in case the computer does not have an internal webcam, an external
web camera. All other materials have to be removed, unless explicitly
permitted (Photo ID, email with link and activation code, books allowed duringopen-book Examination).

d)There may not be sounds from music, television or any other sounds.

e)

There may not be other computers or similar devices running in theexamination room.

f)Lighting must be "daylight" quality and overhead is preferred if at all possible.
If overhead is not possible, the source of light should not be behind the
Candidate.

17.6

During the Examination the Candidate’s conduct must meet the following
requirements:a)

The Candidate cannot communicate with anyone, or talk out loud (not tohim-/herself either). Communication is allowed only in case of emergency, orfor contacting the helpdesk in case of technical disturbances. Only during Live
Monitored Online Examinations, the candidate is allowed to communicate with
the Examination Supervisor.

b)

The Candidate may not leave the room after starting the Examination.

c)

The Candidate must face the computer screen during the Examination.

d)

The Candidate is not allowed to take screen shots during the Examination.

e)During the Examination, the Candidate is not allowed to use any otherapplications than EXIN’s registration tool, the examination and monitoring

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Rules and Regulations for EXIN’s Examinations

software made available by EXIN and an e-mail application (however: solely inorder to copy/paste the examination code - any other use is prohibited).
f)

The Candidate is not allowed to surf on the internet and/or to consult digital
data or web pages or to have these opened, unless this is explicitly permitted.

g)Questions must be answered by clicking with the mouse or a similar device on
the alternative. No keyboard is required and therefore the keyboard cannot be
used by the Candidate and typing is not allowed, with the exception ofcontacting the technical helpdesk or, in case of a Live Monitored Online
Examination, contacting the Examination Supervisor.

17.7

h)

Wearing ear plugs or headphones is not allowed.

i)

The Candidate must be dressed and behave decently at all times.

Computer/Webcam setup during the exam: Concerning the requirements for the
setup of the computer and webcam that are used during the Examination:a)

It is not allowed to have desktop sharing software installed and activated on
the computer.

b)

The webcam and microphone required for the exam must be enabled andrunning.

c)

The Webcam must be focused on the candidate taking the Examination at all
times.

d)

The Candidate's face must be positioned in the center of the webcam view
and must be visible throughout the duration of the Examination.

e)Nothing may cover the lens of the webcam at any time during the
Examination.

Art. 18

Fraud
Committing Fraud, offering others the opportunity to commit Fraud or stimulating Fraud is
prohibited.

Art. 19(Intellectual) Property of Examination Materials; Confidentiality
19.1

The Candidate is required to treat the Examination Materials as strictly confidential.
Without the prior written consent of EXIN, the Candidate is not allowed to take withhim or her (parts of) the Examination Materials, or to copy, photograph or in any
way reproduce these, inform third parties of the contents of Examination Materials,
or provide these to third parties in any way.

19.2

All rights, including the copy rights and other intellectual property rights that can be
exercised with regard to the Examination materials, vest and remain to vest

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Rules and Regulations for EXIN’s Examinations

exclusively with EXIN and its licensors. The Candidate may only use the
Examination Materials in so far as this is necessary for taking the Examination.

Title 6

Sanctions; Additional Measures

Art. 20

Sanctions for Deviations or Irregularities
20.1

Any deviation or irregularity in relation to the regulations as included in paragraphs
17, 18 and 19 can lead to sanctions as described in this article.

20.2

If the deviation or irregularity is discovered prior to or during the Examination
session the Candidate can be excluded from participating or continuing the
Examination. EXIN may also decide to nullify, not assess and/or not establish a
result for the (partially) completed Examination.

20.3

In case the deviation or irregularity is determined after the Examination session
has taken place, EXIN may decide to nullify, not assess and/or not establish a
result for the Examination. If the Candidate involved has already received an
Examination result, the Coaching Report and any Certificate and/or Diploma
awarded on the basis thereof can still be invalidated and reclaimed. During theinvestigation into such deviations or irregularities, EXIN can suspend the effect of a
Coaching Report, Result Paper, Certificate or Diploma that was already awarded.

20.4

Decisions taken under this article will be confirmed and announced to the
Candidate in writing, stating the grounds.

20.5

The Candidate has the right to file an Objection against a decision referred to inparagraph 4.

Art. 21Additional Measures
21.1

In case of aggravating circumstances of: Fraud, stimulating third parties to commit
Fraud, acts contrary to article 19 or other cases of serious violation of the
Examination Rules as defined under article 16 and/or article 17 of these Rules andRegulations, EXIN may decide to exclude the person involved from participating in
future EXIN Examinations and Diplomas as a Candidate for a maximum period of 5
years. In exceptionally serious cases, the individual involved may also be excluded
for a longer period of time or for an indefinite period of time from EXIN
Examinations. In very serious cases other Certificates, Diplomas, Coaching
Reports and Result Papers that were awarded prior to the decision may also be
invalided or reclaimed in retrospect. During the investigation into such deviations or

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Rules and Regulations for EXIN’s Examinations

irregularities, EXIN can suspend the effect of a Coaching Report, Result Paper,
Certificate or Diploma that was already awarded.
21.2

Articles 20.4 and 20.5 of these Rules and Regulations apply equally.

21.3

Next to the measures included in these Rules and Regulations, EXIN has the rightto take all necessary legal measures, such as, if appropriate, reporting a case to
the police and/or recovering the damage from the person involved.

Title 7

Assessment of Examinations and Issuing of Results

Art. 22

Assessment of Examinations by an Automatic Grading Key
22.1

If and in so far the Examination is conducted by a method that makes use of an
automatic grading key (such as a multiple choice exam), assessment takes placewith the aid of the computer software.

22.2

EXIN establishes the number of points to be awarded on the basis of theassessment as defined in this article.

Art. 23

Assessment Methods for Oral Examinations
23.1

Oral Examinations are conducted by one or more examiners. An audio recording is
made of the examination.

23.2

Each examiner advises EXIN on the points to be awarded. If more than one
examiner is involved, each examiner will form a judgment of the Candidate
independently of the other/others. The examiners subsequently give advice on thenumber of points to be awarded by mutual agreement.

23.3

If more than one examiner is involved, which examiners can after consultation notreach a joint advice on the number of points to be awarded, the audio recording will
be assessed by an additional examiner. This additional examiner will give a final
advice on the number of points to be awarded on the basis of the audio recording
and the earlier judgment by the other examiners.

23.4

On the basis of the advice referred to in this article, EXIN establishes the numberof points to be awarded.

23.5

Art. 24

The Preparation Guide may deviate from the provisions of this article.

Assessment Methods for Examinations with Essay Questions/Open Questions
24.1

In case of Examinations with essay questions/open questions, each Examination
paper is assessed by one examiner.

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24.2

If the final score is 10% below the pass mark, the examination paper will beassessed by a second examiner. If the overall scores lies above the pass mark for
one examiner and below the pass mark for the other, the examiners must come toa unanimous advice by mutual consultation.

24.3

If consultation between the two examiners does not result in a unanimous advice, athird examiner will give advice on the number of points to be awarded.

24.4

On the basis of the advice referred to in this article, EXIN establishes the numberof points to be awarded

24.5

Art. 25

The Preparation Guide may deviate from the provisions of this article.

Coaching Report
25.1

EXIN issues Coaching Reports for some of the Examinations. The Coaching
Report can be generated immediately after the Examination in case of a computer
controlled Examination.

25.2

Art. 26

No rights can be derived from the Coaching Report.

Issuing of Results; Term, internal review
26.1

With due observance of the provisions in these Rules and Regulation, EXIN will
inform all Candidates who have participated in an EXIN Examination of the resultof their Examination by means of a Result Paper.

26.2

Only a Certificate proves that a Candidate meets the Examination Requirements.

26.3

The Result Paper includes, amongst other elements, the title of the Examination
Module, the examination date and the grade or percentage awarded.

26.4

The Result Paper will be issued to the Candidate within four weeks, and in case ofopen question/essay question Examinations within eight weeks after theexamination date. In case of Decentral Examinations, these terms will start once
EXIN has received the Examination documents from the EXIN Partner. If EXIN has
required an inquiry to be carried out, for example in case of suspicion of Fraud orother violations of the examination rules, the time limit for issuance of the Result
Paper may be longer.

26.5

No information is provided by phone on Examination results.

26.6

If in the context of a pilot there is question of an Examination with a preliminary
status, the Candidate will receive a preliminary result. The Candidate will receive
the Result Paper once the score has been established definitively.

26.7

EXIN may review decisions already taken and published on the substantive
assessment of an Examination if and when EXIN deems such necessary, forexample if errors have been found in an Examination. When considering if such

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review is necessary, EXIN will take into consideration the circumstances of thecase and the legitimate interests of the Candidate involved. Reviews pursuant tothis article can never result in a lower result for a Candidate or in the withdrawal ofa Certificate or Diploma already issued.

Art. 27

Additional Test
27.1

If EXIN has, due to circumstances such as technical disturbances or suspicion of
Fraud, reasonable grounds to doubt the knowledge, understanding or skills of the
Candidate EXIN may in deviation of article 26 decide not to issue a result and may
offer the Candidate the opportunity to prove his or her knowledge, understanding
and skills by means of an additional test. EXIN can also decide to offer an
additional test after issuance of the Result Paper and/or the Certificate or the
Diploma. During the investigation into the circumstances, EXIN can suspend theeffect of a Coaching Report, Result Paper, Certificate or Diploma that was alreadyawarded.

27.2

Decision made under this article will be announced and confirmed to the Candidatein writing, stating the grounds.

27.3

The Candidate has the right to file an Objection against the decision referred to inarticle 27.2.

Art. 28

Awarding of Certificates and Diplomas
28.1

EXIN awards a Certificate or Diploma to a Candidate if EXIN establishes, with due
observance of the provisions in these Rules and Regulations, that the Candidate
has met the Examination Requirements.

28.2

Once awarded, Certificates or Diplomas will be sent to the Candidate, or – ifapplicable – to the EXIN Partner, within four weeks after the last results required
have been processed. This paragraph does not apply to Certificates or Diplomasthat are issued upon request only.

28.3

The time limit included in paragraph 2 of this article may be exceeded in case of
Examination Modules which EXIN offers under a third party license.

28.4

Sometimes EXIN organizes a presentation, in which case paragraph 2 of thisarticle does not apply. Eligible Candidates will be notified in writing.

28.5

If an expiry date applies to obtaining a Certificate or Diploma pursuant to module
combinations, this will be stated in the Preparation Guide.

28.6

If an expiry date applies to a Certificate or Diploma, this will be stated on theCertificate of Diploma.

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28.7

Certificates or Diplomas remain the property of EXIN and must in case ofsuspension or withdrawal of certification be returned to EXIN. It is not allowed tomake changes to Certificates or Diplomas.

28.8

The Candidate is not allowed to use Certificates or Diplomas awarded in amisleading or improper way and/or in a manner that discredits EXIN.

28.9

After withdrawal of a Certificate or Diploma, or for the duration of a suspension, theCandidate does not have the right to refer to the certified status at issue.

Title 8

Review, Objection and Appeal

Art. 29

Review Sessions
29.1

Review of the examination documents can be requested until two months after the
Result Paper of an Examination has been issued.

29.2

No information on the assessment of Examinations will be given by phone.

29.3

EXIN determines how, where and on which date and time the review session of theexamination documents will take place.

29.4

The duration of the review session will in principle be equal to the duration of therelevant Examination.

29.5

It is allowed to consult literature and/or notes brought to the review session.

29.6

All documents made available by EXIN during the review session and notes taken
during the review session will be collected by EXIN after the review session.

29.7

The costs for the review session are established by EXIN and must have been paid
to EXIN on the date of the review session.

Art. 30

Objections
30.1

Candidates can only file Objections against decisions of EXIN in the cases
explicitly referred to in these Rules and Regulations.

30.2

Objections must be filed in writing within two months from the date of the decision
by EXIN to which they relate.

30.3

An Objection can only be filed by using the form intended for this purpose.
Objections must be substantiated in this form to be eligible for reassessment of thedecision.

30.4

Objections will be handled by EXIN. EXIN will not charge any costs for the handlingof Objections.

30.5

The receipt of the Objection will be confirmed in writing. After the Objection has
been handled, the manner in which it is settled will be announced in writing.

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30.6

The lodging of an Objection does not suspend the decision against which the
Objection is made.

30.7

Appeals can be filed against each decision by EXIN on an Objection if that
Objection is denied.

Art. 31

Appeals
31.1

EXIN has appointed a Board of Appeal. A person to be appointed by the Board of
Directors, acts as the administrative secretary of the Board of Appeal. Regarding
Examination Modules which EXIN offers under a third party license, the rules
governing the handling of Appeals may deviate from the provisions in this article.

31.2

To the exclusion of the ordinary Court, the Board of Appeal has jurisdiction overAppeals as defined under this article.

31.3

Anyone who has taken an Examination conducted by or under the responsibility of
EXIN has the right to file an Appeal against the assessment of the Examination forreasons concerning the contents of the Examination within two months after thedate on which the Result Paper is issued. Appeals against rejected Objections canbe filed within two months after the date as mentioned in the relevant decision by
EXIN on the Objection.

31.4

The Appeal will be handled after the payment of the relevant appeal costs asdetermined by EXIN has been received. Regarding Appeals which, in accordancewith article 31.7, are submitted in a different language than English, EXIN can lay
down a contribution to the translation costs.

31.5

Appeals can only be filed by using the handling form intended for that purpose.
Appeals must be substantiated in the handling form in order to qualify forreassessment of the relevant parts of the Examination.

31.6

Prior review of the examination documents (see article 29) is mandatory only incase of Appeals for reasons concerning the contents of the Examination. The
Candidate may choose to fill out the handling form during the review session or ata later time. If the Candidate chooses to fill in the Appeals handling form later,
he/she will not have examination documents available. Receipt of the appeal andof the appeal costs will be confirmed in writing.

31.7

Appeals may in principle only be drawn up in the English language. If the
Candidate has conducted the Examination in a different language, the Candidate
may choose to draw up the Appeal in that language. The Board of Appeal will in
those cases have a certified translation drawn up in the English language;
reassessment by the Board of Appeal will in such a case be based on this certified
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Candidate. EXIN cannot be held liable for errors in the translation. With respect to
Examinations which have been taken in Dutch language EXIN may decide not tohave translations of Appeals drawn up; notwithstanding paragraph 16 of thisarticle, decisions of the Board of Appeal can in such cases be drawn up in Dutch
language, too.
31.8

An Appeal is admissible if it meets the requirements mentioned under paragraphs
3, 4, 5, 6 and 7 of this article.

31.9

By order of the Board of Appeal an independent assessment advice will be given
by in principle one independent expert in case of Appeals for reasons concerning
the contents of the Examination, and in case of oral Examinations by in principle
two independent experts. In case of reassessment by two experts, these experts
will reassess those parts of the Examination against which a substantiated Appeal
has been filed, independently of each other. To reach a joint advice, the scores
awarded for each question and the overall scores will be averaged. If the difference
between the total scores is equal to or greater than 10% of the maximum score, orif the total score awarded by one expert is above the pass mark and the score
awarded by the other is below the pass mark, the Board of Appeal can decide thatthe two experts must come to a unanimous decision by mutual consent. The Boardof Appeal will, based on the initial assessment and the comments and advice
obtained from the experts, make a decision which is binding for EXIN.

31.10

The filing of an Appeal does not suspend the decision against which it is made.

31.11

No information on the assessment of examination papers will be given by phone.

31.12

The handling of the Appeal by the Board of Appeal will take some time, dependent
on the date on which the Appeal was filed and the date on which the Board of
Appeal has scheduled a meeting. During the period in which the appeal is handled,
it is up to the Candidate whether to wait for the decision of the Board of Appeal or
to re-register for an Examination in the meanwhile. The decision of the Board of
Appeal does not affect a new Examination agreement entered into in any way.

31.13

If the Board of Appeal finds for the Candidate, the appeal costs and the sums
received for review will be refunded.

31.14

The Appeal is dismissed in case the Candidate's Appeal is partly upheld while thefinal score after correction remains below the pass mark. If partial award results ina higher score than the initial score, then the higher score will be awarded. If
reassessment results in a lower score, the initial final score will be maintained.

31.15

After an Appeal has been handled, the Candidate will be informed in writing of thedecision taken, including substantiation. If the Appeal is upheld, the written
notification will also make mention of the further handling.

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31.16

Decisions by the Board of Appeal are drawn up in the English language only. If an
Appeal is drawn up in a different language pursuant to paragraph 7 of this article,
the Board of Appeal will however submit a certified translation of its decision to the
Candidate. Only the original decision is legally valid; no rights can be derived fromthe translation. The risks of incorrectness of the translation lie exclusively with the
Candidate. EXIN cannot be held liable for errors in the translation.

Art. 32

Concurrence of Objection and Appeal for Reasons Related to the Contents of the
Examination
32.1

The filing of an Objection does not suspend the time limit for filing an Appeal forreasons related to the contents of the Examination.

32.2

If a Candidate has filed an Appeal for reasons related to the contents of the
Examination and has also filed an Objection related to that same Examination,
administered by EXIN, the Board of Appeal may order that the appeal procedureon the contents of the Examination be deferred for the duration of the objection
procedure and – if applicable – the duration of the subsequent time limit underwhich appeals must be brought.

32.3

If a Candidate who already filed an Appeal for reasons related to the contents of an
Examination, also files an Appeal against EXIN’s decision on the Objection related
to that same Examination administered by EXIN, these Appeals will be joined andwill be treated by the Board of Appeal jointly, unless the Board of Appeal decides
otherwise. In such cases of concurrence, the costs incurred will be equal to thoseof one Appeal only.

Title 9Complaints

Art. 33

Complaint Handling; Relation to Objections and Appeals
33.1

Complaints can be submitted to EXIN orally or in writing. Receipt of the Complaint
will be confirmed in writing. After the complaint has been handled, the processing
will be communicated in writing.

33.2

A Procedural Complaint will be considered to be an Objection, so that it is possible
to file an Appeal against EXIN’s rejection of that Procedural Complaint, inconformity with article 31, if the following conditions are met:(i)a decision upholding the Procedural Complaints would influence the resultof the Examination; and(ii)

the initial Procedural Complaint was submitted to EXIN within two months,
to be calculated from the time of the incident the Complaint relates to.

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33.3

If a third party files a Complaint that is related to an Examination taken by the
Candidate, the Candidate will be notified of such and will be enabled to express an
opinion about that Complaint. EXIN can decide not to involve the Candidate if theComplaint is clearly unfounded or if this does not seem worthwhile or necessary forany other reason.

Title 10Force Majeure, Liability

Art. 34

Force Majeure
34.1

If EXIN is unable to meet its obligations towards the Candidate due to force
majeure, the performance of these obligations is suspended for the duration of thatforce majeure. In case of force majeure, EXIN is not obliged to pay compensation.

34.2

Force majeure also includes power interruptions, disruptions of internet service,failures in the EXIN Systems, trade embargos, delays caused by the postal
system, strikes and business shutdowns.

Art. 35

Liability
35.1

EXIN and subcontractors contracted by EXIN are not liable for any direct or indirect
damage or costs of the Candidate or third parties (also including loss of turnoverand loss of profit) resulting from the participation in an Examination or from anyother cause.

35.2

If and in so far as EXIN nevertheless could be held liable to the Candidate, forwhatever reason, then this liability will be limited per incident to no more than theexamination fees paid by the Candidate to EXIN in respect of which that liability
originated. In case of Decentral Examinations, the liability per incident is limited tono more than the fees charged by EXIN to EXINs normal Candidate price which
would at the time of the emerging of the liability have been charged to the
Candidate in case of an Examination at EXIN’s examination locations. A series ofconnected incidents will in this context be deemed as one incident.

35.3

This article is not applicable in case of intent or deliberate recklessness on the partof EXIN or its management.

Title 11

Applicable Law; Competent Court; Language

Art. 36

Applicable Law ; Competent Court; Language
36.1

These Rules and Regulations and all disputes that fall within their scope areexclusively governed by Dutch law.

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36.2

Without prejudice to what has been provided in 31.2 on EXIN’s Board of Appeal, alldisputes between EXIN and candidates relating to these Rules and Regulations
will be exclusively submitted to the District Court of Midden-Nederland.

36.3

These Rules and Regulations have been drawn up in the Dutch language, buthave been translated into English and other languages for the benefit of the
Candidate. In the case of conflict in contents or purpose, the Dutch version will
prevail.

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