General Terms and Conditions for participation in EXIN
exams

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General Terms and Conditions for participation in EXIN exams

EXIN and its Authorized Resellers
EXIN has appointed Authorized Resellers in certain regions. DMI Holding B.V. is an Authorized
Reseller of EXIN for the Asia region. Candidates taking an exam in one of the following countries may
be subject to the Terms & Conditions of DMI, as an Authorized Reseller of EXIN:• China• Taiwan• Hong Kong
• Philippines• Indonesia• Vietnam• Macau• Singapore• Malaysia• Thailand• South Korea• Mongolia• Myanmar• Cambodia• Laos• East Timor• Brunei
Depending on the country in which the candidate is taking an exam, and the partner that is
facilitating the exam, the EXIN or the DMI conditions will be applicable, both of which are containedin this document.

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General Terms and Conditions for participation in EXIN exams

EXIN TERMS & CONDITIONSAS APPLICABLE ON THE EFFECTIVE DATEGENERAL TERMS & CONDITIONS FOR PARTICIPATION IN EXIN EXAMS

1Definitions

1.1

General Terms and Conditions: these general terms and conditions.

1.2

Availability Period: the period within which the Candidate can take his EXIN Anywhere
Examination.

1.3

Candidate Portal: the online candidate portal (MyLogin) where the Candidate can, among otherthings, manage his personal data and review his examination results.

1.4

Certificate: a document issued by EXIN proving that the Candidate meets the examination
criteria set by EXIN for a specific Examination.

1.5

Examination: an examination from the EXIN examination portfolio.

1.6

Examination Materials: all electronic materials and hard copies of materials which have been
submitted to the Candidate in the context of an Examination or review session, including
examination questions and examination answers.

1.7

Examination Rules and Regulations: the regulations with detailed rules on issues such as the
conduct and assessment of Examinations.

1.8

Examination Voucher: a voucher that can be used by the Candidate to pay for an Examination.

1.9

EXIN Anywhere Examination: the service offered by EXIN which enables a Candidate to takean Examination online.

1.10 EXIN Examination Location: a location designated by EXIN where Examinations are conducted.
1.11 EXIN Systems: the computer systems used by EXIN for the execution of the Agreement.
1.12 EXIN: EXIN Holding B.V.
1.13 Candidate: the private person who has taken an Examination or wishes to do so.
1.14 Discount Voucher: a voucher that entitles the Candidate to receive a discount on the
Examination or the examination portfolio shown on the voucher.
1.15 Agreement: the agreement between EXIN and a Candidate relating to the registration for andparticipation in an Examination.
1.16 Board of Appeal: the committee appointed by EXIN charged with handling and giving judgment
on appeals lodged by Candidates.

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General Terms and Conditions for participation in EXIN exams

2

General

2.1

These General Terms and Conditions apply to all Agreements between EXIN and the
Candidate.

2.2

EXIN explicitly rejects the applicability of general terms and conditions of the Candidate.

2.3

Any deviations from and additions to these General Terms and Conditions are valid only if they
have been agreed upon in writing between EXIN and the Candidate.

2.4

All quotations by EXIN are without obligation. This means that EXIN has the right to renege on
the quotation until the Candidate has accepted it, or until directly after Candidate has accepted
it.

2.5

EXIN has the right to change these General Terms and Conditions and the examination
portfolio offered unilaterally. Alterations to these General Terms and Conditions will beannounced on the website of EXIN before they come into effect.

2.6

If any provision in these General Terms and Conditions is void or voidable, this will not affectthe validity of the remaining provisions in these General Terms and Conditions. EXIN and the
Candidate will in case of voidance be bound to a provision whose purport corresponds as muchas possible to the void provision but which is not void.

2.7

These General Terms and Conditions do not apply to Examinations conducted by EXIN
partners, such as accredited examination centers and computer-based testing agents.

2.8

The Examination Rules and Regulations apply to the conduction of Examinations. EXIN has theright to change these rules and regulations unilaterally. In case of deviations between these
General Terms and Conditions and the Examination Rules and Regulations, the General Terms
and Conditions will prevail, unless the general terms and conditions explicitly refer to the
Examination Rules and Regulations.

3Registration

3.1

The Candidate can register for an Examination on the EXIN website or, if he has taken an
Examination before, via the Candidate Portal.

3.2

The Candidate must complete all sections of the booking form that are marked as mandatory
fully and truthfully.

3.3

The Candidate must treat his Candidate Portal login codes carefully and must keep these
confidential. The Candidate must report loss or abuse/suspected misuse of his login codes
directly to EXIN. All damage and costs resulting from the use, unauthorized or otherwise, of
login codes will be at the full risk and expense of the Candidate until the moment they arereported to EXIN.

3.4

A booking term applies to some of the Examinations. EXIN advises the Candidate to book his
Examination well in advance. All booking terms are mentioned on the EXIN website.

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3.5

An Agreement comes into effect once EXIN has by e-mail confirmed the registration for an
Examination to the Candidate.

3.6

EXIN can enquire whether the Candidate is able to meet his payment obligations and canacquaint itself with other circumstances that are relevant to a responsible conclusion of theAgreement. If on the basis of this enquiry EXIN has good reasons not to enter into theAgreement, EXIN has the right to refuse a registration or attach special conditions to theperformance of the Agreement.

3.7

If the Candidate has registered for an EXIN Anywhere Examination, the confirmation e-mail will
also include a code and link to enable the Candidate to take the Examination at a selected timewithin the Availability Period. The Availability Period usually lasts for 21 days after registration
but may be shorter under exceptional circumstances. The Availability Period will be announced
during the registration procedure.

4

Conditions for Participation in an Examination

4.1

Entry requirements apply to some of the Examinations, for example relating to education
programs that must be completed at accredited institutions. The Candidate must have met all
requirements applicable upon registration for an Examination at the latest. All entry
requirements can be found on the EXIN website.

4.2

EXIN can ask the Candidate to produce supporting documents. Uploading these documents
and approval thereof are part of the registration procedure.

4.3

A Candidate who wishes to take an EXIN Anywhere Examination must have a computer thathas a webcam, a microphone and a broadband internet connection. Minimum system
requirements can be found on the EXIN website. Before the Candidate registers for an EXIN
Anywhere Examination, he must make sure that his computer meets these requirements inorder to prevent problems during the Examination. The proper functioning of the computer is the
responsibility of the Candidate only.

4.4

The Candidate can only take an EXIN Anywhere Examination if he agrees to the recording of
his examination session and to the user conditions of the owner of the software which EXIN
uses during the examination session. The Candidate will be informed about this in more detailduring registration.

4.5

In case of participation in an examination session at an EXIN Examination Location at Eureka
Examens, the house rules of Eureka Examens are applicable.

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5

Examination Fees and Payment

5.1

The examination fees to be paid and the currencies that can be used for payment by the
Candidate are mentioned during the registration procedure. In so far as VAT is applicable, allprices mentioned are including VAT.

5.2

The examination fees to be paid must be paid directly upon registration by using a credit card,
iDEAL, an Examination Voucher, a payment code or one of the other means of payment offeredon the website.

5.3

The Candidate Voucher Conditions apply to the use of an Examination Voucher or DiscountVoucher.

5.4

Payments made by the Candidate will at all times be applied to settle first any interest and costs
due and second those invoice amounts which have been outstanding for the longest period,
even if the Candidate has stated that the payment is related to a later invoice.

5.5

EXIN has the right to change the examination fees. Any changes apply to new Examination
orders only.

5.6

EXIN has the right to exclude the Candidate from participation in an Examination, to deny orwithdraw a Certificate, or to invalidate an Examination if it appears that the Candidate has not
paid the full examination fees due within the time limit set, or if EXIN (in retrospect) discovers
irregularities relating to the payment, including, but not limited to, credit card fraud. In case ofserious irregularities, EXIN is entitled to exclude a Candidate from participation in future
Examinations. The foregoing does not affect EXIN’s other rights.

5.7

In case of overdue or incomplete payment, the Candidate is in default without further notice ofdefault or demand being required. The amount due will in that case be increased by thestatutory interest. Next to that, the Candidate will be obliged to pay extrajudicial collection costsof 15% of the total amount due.

6

Cancellation of an Examination Registration

6.1

The Candidate has the right to cancel a registration for an EXIN Anywhere Examination by wayof rescinding the Agreement without giving reasons within 14 days, starting on the day theregistration for the Examination is made.

6.2

A Candidate who wishes to make use of this cancellation right must contact EXIN. The
Candidate can also cancel the registration on the Candidate Portal in case of an EXIN
Anywhere Examination.

6.3

The date of cancellation in all cases is the date on which the request of cancellation is received
by EXIN. The cancellation will be confirmed by e-mail or in writing as soon as possible, but nolater than one week of receipt of the cancellation.

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General Terms and Conditions for participation in EXIN exams

6.4

The cancellation right lapses (i) once the Candidate has started his EXIN Anywhere
Examination session (by entering his examination code) before the period of 14 days has
lapsed; or (ii) if the Candidate has already taken the Examination within that period at an EXIN
Examination Location.

6.5

The statutory cancellation right does not apply to Examinations conducted orally or if aregistration through the employer or trainer of the Candidate is concerned. The following applies
to cancellation of oral Examinations:

6.6

the Candidate is not obliged to pay any examination fees if the cancellation is made at least
fourteen days before the start of the examination week (first day = Monday);6.7

the Candidate must pay the examination fees in full if the cancellation is made within fourteendays before the start of the examination week.

6.8

Example: in case of cancellation of an oral Examination in week 12, the examination fees mustbe paid in full if the cancellation is made on or after the Monday in week 10, regardless of theexact date of the Examination in week 12.

6.9

The statutory cancellation right does not apply to Examinations conducted at an EXIN
Examination Location.

7

Refunding in case of Cancellation

7.1

If the Candidate cancels the registration for an Examination in conformity with the provisions
under articles 6.1 through 6.5a, EXIN will refund the examination fees paid in the currency used
for payment by the Candidate as soon as possible but no later than 30 days after thecancellation.

7.2

Any Discount Vouchers used can no longer be used after cancellation of an Examination. If the
Candidate has paid for the Examination using an Examination Voucher, the voucher will bereactivated or substituted.

8

Rescheduling of Examinations

8.1

The Candidate can only reschedule an Examination session in so far as permitted under thisarticle 8.

8.2

An Examination conducted at an EXIN Examination Location can be rescheduled (prior to theexam date) to a different examination date. The cost for rescheduling is €30,- excluding VAT.
The rescheduled examination booking is final after the payment is received.

8.3

An EXIN Anywhere Examination can be taken at any time during the Availability Period and cantherefore not be rescheduled.

8.4

If the Candidate is unable to take the EXIN Anywhere Examination during the Availability Period
as a result of unplanned maintenance to the EXIN Systems, or if he is unable to take the

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Examination during that period due to force majeure, he may request EXIN to extend the
Availability Period. EXIN will inform the Candidate as soon as possible whether the request is
granted.
8.5

No costs are connected to rescheduling Examinations in conformity with the provisions underarticles 8.2 and 8.4. A confirmation of the rescheduled examination will be sent by e-mail or inwriting as soon as possible, but no later than one week after the rescheduling request wasreceived.

8.6

It is not possible to reschedule oral Examinations to a different examination date. Oral
Examinations can only be cancelled in conformity with the provisions under article 6.5.

8.7

Registrations for Examinations through organizations, such as trainers or employers, can only
be rescheduled by these organizations.

9Participation in EXIN Anywhere Examinations

9.1

An EXIN Anywhere Examination can be taken at any time during the Availability Period, but theCandidate must take into account planned maintenance to the EXIN Systems. All maintenanceperiods can be found on the EXIN website. EXIN does not guarantee that EXIN Anywhere
Examinations and the EXIN Systems are at all times fully available without interruption.

9.2

The Candidate must read the Examination Rules and Regulations carefully before starting the
EXIN Anywhere Examination session. Next to general examination rules and a fraud regulation,
the Examination Rules and Regulations contain specific provisions on participation in online
Examinations, including provisions on the environment in which the Candidate is taking the
Examination, identification and rules of conduct.

9.3

The Candidate must observe the Examination Rules and Regulations strictly. After the EXIN
Anywhere Examination is completed, EXIN will check on deviations or irregularities. Any
deviation or irregularity may lead to exclusion from participation/further participation in the
Examination, invalidation of the examination result and/or withdrawal of the Certificate or any
other document issued, as set out in more detail in the Examination Rules and Regulations. In
such cases the examination fees paid will not be refunded.

9.4

If (i) the Candidate cannot complete the EXIN Anywhere Examination session due to acomputer or internet disruption, or (ii) if there is any other failure causing interruptions in theaudio or video recordings or due to which the examination results have not or have not fully
been backed up, EXIN is entitled to declare the Examination work invalid. EXIN will in suchcase investigate the nature of the interruption and will contact the Candidate.

9.5

If the disruption cannot be attributed to the EXIN Systems, the Candidate must re-register for
the Examination and must pay the examination fees due.

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9.6

If the disruption can be attributed to the EXIN Systems (i) EXIN will enable the Candidate totake the EXIN Anywhere Examination again (without being obliged to pay examination fees
once more), or (ii) EXIN will take any other appropriate measures.

10

Participation in Examinations at an EXIN Examination Location

10.1 The Candidate must read the Examination Rules and Regulations carefully before participating
in an Examination at an EXIN Examination Location. Apart from provisions on fraud and otherissues, the rules and regulations contain general examination rules to be observed by the
Candidate, including provisions on identification and being present on time.
10.2 The Candidate must observe the Examination Rules and Regulations and must follow
instructions by the examination supervisor closely. Any deviation or irregularity may result in
exclusion from (further) participation in the Examination, nullification of the examination work,
invalidation of the examination result and/or withdrawal of the Certificate or other documents
issued, as described in more detail in the Examination Rules and Regulations. In such case,examination fees already paid will not be refunded.

11

Announcement of the Result, Inspection, Appeal and Complaints

11.1 The result of an Examination will either be announced to the Candidate in writing or by e mail,or an e-mail will be sent to the Candidate announcing that the result is available on the
Candidate Portal. No information will be provided on Examination results by phone.
11.2 The Candidate can, against payment of fees fixed by EXIN, request inspection of theexamination papers. The Candidate has the right to appeal to the Board of Appeal against theassessment of an Examination or in other cases as defined in the Examination Rules andRegulations.
11.3 The rules relating to announcement of the result, inspection and appeal have been specified in
more detail in the Examination Rules and Regulations.
11.4 Complaints that are not related to the contents or the assessment of the Examination itself canbe presented to EXIN orally or in writing in conformity with the provisions in the Examination
Rules and Regulations.

12

Examination Materials, Confidentiality and Intellectual Property Rights

12.1 The Candidate must maintain strict confidentiality regarding the Examination Materials. The
Candidate may not take Examination Materials or parts thereof with him, copy, photograph or
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them available to third parties, unless the Candidate has received the written permission to doso from EXIN.
12.2 All rights to the Examination Materials, including copy rights and other intellectual property
rights, lie exclusively with EXIN and its licensors. The Candidate may use the Examination
Materials only in so far as necessary for participating in the Examination.
12.3 EXIN has the right to exclude the Candidate from an Examination, to deny or withdraw a
Certificate, or to render an Examination invalid if there is evidence that the Candidate has acted
contrary to this article 12. In case of serious irregularities, EXIN has the right to exclude a
Candidate from participation in future Examinations. All sanctions are specified in more detail in
the Examination Rules and Regulations.

13

Personal Data

13.1 EXIN processes personal data of the Candidate in the context of the performance of theAgreement. EXIN’s privacy policy is worked out in more detail in its privacy statement.

14

Force Majeure14.1 If EXIN is unable to meet its obligations towards the Candidate due to force majeure, theperformance of these obligations is suspended for the duration of that force majeure. In case offorce majeure, EXIN is not obliged to pay compensation.
14.2 Force majeure also includes power interruptions, disruptions of internet service, failures in the
EXIN Systems, failures of third parties or suppliers contracted by EXIN, delays caused by the
postal system, strikes and business shutdowns.
14.3 If the force majeure lasts thirty (30) days or longer, EXIN and the Candidate both have the rightto terminate the Agreement fully or partially if justified by the force majeure situation.

15

Liability

15.1 If the Candidate has been unable to take an Examination, has been able to complete it in part
only, or must retake an Examination resulting from an attributable failure on the part of EXIN,
EXIN will enable the Candidate to retake the Examination without obliging the Candidate to pay
any examination fees once more.
15.2 Any other liability of EXIN to the Candidate is excluded. EXIN and sub-contractors contracted by
EXIN are therefore not liable for any direct or indirect damage or costs of the Candidate or third
parties (also including loss of turnover and loss of profit) resulting from attributable failures in
the performance of the Agreement or from any other cause.

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General Terms and Conditions for participation in EXIN exams

15.3 If and in so far as EXIN nevertheless could be held liable to the Candidate, for whatever reason,
then this liability will be limited per incident to no more than the examination fees paid by the
Candidate to EXIN in respect of which that liability originated. In case a Candidate has used an
Examination Voucher for payment, the liability per incident is limited to no more than the fees
charged by EXIN to Candidates for the Examination at issue at the moment the liability arose. A
series of connected incidents will in this context be deemed as one incident.
15.4 This article is not applicable in case of intent or deliberate recklessness on the part of EXIN or
its management.

16

Applicable Law; Disputes

16.1 These General Terms and Conditions and all Agreements are exclusively governed by Dutch
law.
16.2 To the exclusion of the Court, the Board of Appeal of EXIN is authorized to take cognizance ofappeals as referred to in article 31 of the Examination Rules and Regulations.
16.3 Without prejudice to what has been provided in 16.2 of these General Terms and Conditions, alldisputes between EXIN and the Candidate will be exclusively submitted to the District Court ofMidden-Nederland, The Netherlands.

17

Final Clause

17.1 These General Terms and Conditions have been drawn up in the Dutch language, but have forthe benefit of the Candidate been translated into English and possibly into other languages. In
case of differences in content or purport, the Dutch version will prevail.
17.2 All questions or remarks relating to these General Terms and Conditions, and all requests orcomplaints can be sent to EXIN by using this web form or by regular mail to:
EXIN Holding B.V.
Arthur van Schendelstraat 650
3511 MJ UTRECHT
The Netherlands

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General Terms and Conditions for participation in EXIN exams

DMI TERMS & CONDITIONSAS APPLICABLE ON THE EFFECTIVE DATEGENERAL TERMS & CONDITIONS FOR PARTICIPATION IN EXIN EXAMS
OFFERED VIA RESLLER: DMI

1. Definitions
1.1

General Terms and Conditions: these general terms and conditions.

1.2

Availability Period: the period within which the Candidate can take his EXIN Anywhere
Examination.

1.3

Candidate Portal: the online candidate portal (MyLogin) where the Candidate can,among other things, manage his personal data and review his examination results.

1.4

Certificate: a document issued by EXIN proving that the Candidate meets theexamination criteria set by EXIN for a specific Examination.

1.5

Examination: an examination from the EXIN examination portfolio.

1.6

Examination Materials: all electronic materials and hard copies of materials which havebeen submitted to the Candidate in the context of an Examination or review session,
including examination questions and examination answers.

1.7

Examination Rules and Regulations: the regulations with detailed rules on issues suchas the conduct and assessment of Examinations.

1.8

Examination Voucher: a voucher that can be used by the Candidate to pay for an
Examination.

1.9

EXIN: EXIN Holding BV.

1.10

EXIN Anywhere Examination: the service offered by EXIN which enables a
Candidate to take an Examination online.

1.11

EXIN Examination Location: a location designated by EXIN where Examinations are
conducted.

1.12

DMI Systems: the computer systems used by DMI for the execution of the Agreement.

1.13

DMI: DMI Holding B.V.

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General Terms and Conditions for participation in EXIN exams

1.14

Candidate: the private person who has taken an Examination or wishes to do so.

1.15

Discount Voucher: a voucher that entitles the Candidate to receive a discount on the
Examination or the examination portfolio shown on the voucher.

1.16

Agreement: the agreement between DMI and a Candidate relating to the registration forand participation in an Examination.

1.17

Board of Appeal: the committee appointed by EXIN charged with handling and giving
judgment on appeals lodged by Candidates.

2
2.1

General
These General Terms and Conditions apply to all Agreements between DMI and the
Candidate. In addition to the present General Terms and Conditions, all General Terms andConditions as well as any policies, rules and regulations notified by EXIN, where relevant,shall also be applicable between DMI and the Candidate. DMI explicitly rejects theapplicability of general terms and conditions of the Candidate.

2.2

Any deviations from and additions to these General Terms and Conditions are valid only
if they have been agreed upon in writing between DMI and the Candidate.

2.3

All quotations by DMI are without obligation. This means that DMI has the right to renege
on the quotation until the Candidate has accepted it, or until directly after Candidate has
accepted it.

2.4

DMI has the right to change these General Terms and Conditions and the examination
portfolio offered unilaterally. Alterations to these General Terms and Conditions will beannounced on the website of DMI before they come into effect.

2.5

If any provision in these General Terms and Conditions is void or voidable, this will notaffect the validity of the remaining provisions in these General Terms and Conditions.
DMI and the Candidate will in case of voidance be bound to a provision whose purport
corresponds as much as possible to the void provision but which is not void.

2.6

These General Terms and Conditions do not apply to Examinations conducted by DMI
partners, such as accredited examination centers and computer-based testing agents.

2.7

The Examination Rules and Regulations apply to the conduction of Examinations. DMI
has the right to change these rules and regulations unilaterally. In case of deviations
between these General Terms and Conditions and the Examination Rules andVersion 2.0 EN | 14 August 2024
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Regulations, the General Terms and Conditions will prevail, unless the general terms
and conditions explicitly refer to the Examination Rules and Regulations.

3
3.1

Registration
The Candidate can register for an Examination on the EXIN website or, if he hastaken an Examination before, via the Candidate Portal.

3.2

The Candidate must complete all sections of the booking form that are marked as
mandatory fully and truthfully.

3.3

The Candidate must treat his Candidate Portal login codes carefully and must keep these
confidential. The Candidate must report loss or abuse/suspected misuse of his login
codes directly to DMI/EXIN. All damage and costs resulting from the use, unauthorized orotherwise, of login codes will be at the full risk and expense of the Candidate.

3.4

A booking term applies to some of the Examinations. DMI and EXIN advises the
Candidate to book his Examination well in advance. All booking terms are mentioned on
the EXIN website.

3.5

An Agreement comes into effect once DMI/EXIN has by e-mail confirmed the registration
for an Examination to the Candidate.

3.6

DMI can enquire whether the Candidate is able to meet his payment obligations and canacquaint itself with other circumstances that are relevant to a responsible conclusion of theAgreement. If on the basis of this enquiry DMI has good reasons not to enter into theAgreement, DMI has the right to refuse a registration or attach special conditions to theperformance of the Agreement.

3.7

If the Candidate has registered for an EXIN Anywhere Examination, the confirmation email will also include a code and link to enable the Candidate to take the Examination at aselected time within the Availability Period. The Availability Period usually lasts for 21
days after registration but may be shorter under exceptional circumstances. The
Availability Period will be announced during the registration procedure.

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4
4.1

Conditions for Participation in an Examination
Entry requirements apply to some of the Examinations, for example relating to education
programs that must be completed at accredited institutions. The Candidate must have met
all requirements applicable upon registration for an Examination at the latest. All entry
requirements can be found on the EXIN website.

4.2

DMI can ask the Candidate to produce supporting documents. Uploading these
documents and approval thereof are part of the registration procedure.

4.3

A Candidate who wishes to take an EXIN Anywhere Examination must have a computerthat has a webcam, a microphone and a broadband internet connection. Minimum system
requirements can be found on the EXIN website. Before the Candidate registers for an
EXIN Anywhere Examination, he must make sure that his computer meets theserequirements in order to prevent problems during the Examination. The proper functioningof the computer is the responsibility of the Candidate only.

4.4

The Candidate can only take an EXIN Anywhere Examination if he agrees to therecording of his examination session and to the user conditions of the owner of thesoftware which EXIN uses during the examination session. The Candidate will be
informed about this in more detail during registration.

5
5.1

Examination Fees and Payment
The examination fees to be paid and the currencies that can be used for payment by
the Candidate are mentioned during the registration procedure. In so far as VAT isapplicable, all prices mentioned are including VAT.

5.2

The examination fees to be paid must be paid directly upon registration by using acredit card, iDEAL, an Examination Voucher, a payment code or one of the othermeans of payment offered on the website.

5.3

The Candidate Voucher Conditions apply to the use of an Examination Voucher or DiscountVoucher.

5.4

Payments made by the Candidate will at all times be applied to settle first any interest
and costs due and second those invoice amounts which have been outstanding for the
longest period, even if the Candidate has stated that the payment is related to a later
invoice.

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5.5

DMI has the right to change the examination fees. Any changes apply to new Examination
orders only.

5.6

EXIN/ DMI has the right to exclude the Candidate from participation in an Examination, todeny or withdraw a Certificate, or to invalidate an Examination if it appears that theCandidate has not paid the full examination fees due within the time limit set, or if DMI (inretrospect) discovers irregularities relating to the payment, including, but not limited to,credit card fraud. In case of serious irregularities, EXIN/DMI is entitled to exclude a
Candidate from participation in future Examinations. The foregoing does not affect DMI’s
other rights.

5.7

In case of overdue or incomplete payment, the Candidate is in default without further noticeof default or demand being required. The amount due will in that case be increased by thestatutory interest. Next to that, the Candidate will be obliged to pay extrajudicial collection
costs of 15% of the total amount due.

6
6.1

Cancellation of an Examination Registration
The Candidate has the right to cancel a registration for an EXIN Anywhere Examination by
way of rescinding the Agreement without giving reasons within 14 days, starting on the day
the registration for the Examination is made.

6.2

A Candidate who wishes to make use of this cancellation right must contact DMI. The
Candidate can also cancel the registration on the Candidate Portal in case of an EXIN
Anywhere Examination.

6.3

The date of cancellation in all cases is the date on which the request of cancellation isreceived by DMI. The cancellation will be confirmed by e-mail or in writing as soon as
possible, but no later than one week of receipt of the cancellation.

6.4

DMI will not be liable for any cancellation of any examination by EXIN which has notbeen foreseen or communicated to the Candidates. DMI would not be liable for any
damage or cost that arises from such cancellation as such cancellation was not in thescope or purview of DMI’s control.

6.5

The cancellation right lapses (i) once the Candidate has started his EXIN Anywhere
Examination session (by entering his examination code) before the period of 14 days has
lapsed; or (ii) if the Candidate has already taken the Examination within that period at an

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EXIN Examination Location.
The statutory cancellation right does not apply to Examinations conducted orally or if a

6.6

registration through the employer or trainer of the Candidate is concerned. The following
applies to cancellation of oral Examinations:the Candidate is not obliged to pay any examination fees if the cancellation is made at

6.7

least fourteen days before the start of the examination week (first day = Monday);the Candidate must pay the examination fees in full if the cancellation is made within

6.8

fourteen days before the start of the examination week.
Example: in case of cancellation of an oral Examination in week 12, the examination fees

6.9

must be paid in full if the cancellation is made on or after the Monday in week 10,
regardless of the exact date of the Examination in week 12.
6.10

The statutory cancellation right does not apply to Examinations conducted at an EXIN
Examination Location.

7
7.1

Refunding in case of Cancellation
If the Candidate cancels the registration for an Examination in conformity with the provisions
under articles
6.1 through 6.5a, DMI will refund the examination fees paid in the currency used for payment
by the Candidate as soon as possible but no later than 30 days after the cancellation.

7.2

Any Discount Vouchers used can no longer be used after cancellation of an Examination.
If the Candidate has paid for the Examination using an Examination Voucher, thevoucher will be reactivated or substituted.

8
8.1

Rescheduling of Examinations
The Candidate can only reschedule an Examination session in so far as permitted under thisarticle 8.

8.2

An EXIN Anywhere Examination can be taken at any time during the Availability Period
and can therefore not be rescheduled.

8.3

If the Candidate is unable to take the EXIN Anywhere Examination during the Availability
Period due to force majeure, he may request DMI/EXIN to extend the Availability Period.
DMI/EXIN will inform the Candidate as soon as possible whether the request is granted.

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8.4

No costs are connected to rescheduling Examinations in conformity with the provisions
under articles 8.2 and 8.4. Confirmation of the rescheduled examination will be sent by
e-mail or in writing as soon as possible, but no later than one week after the
rescheduling request was received.

8.5

It is not possible to reschedule oral Examinations to a different examination date. Oral
Examinations can only be cancelled in conformity with the provisions under article 6.5.

8.6

Registrations for Examinations through organizations, such as trainers or
employers, can only be rescheduled by these organizations.

99.1

Participation in EXIN Anywhere Examinations
An EXIN Anywhere Examination can be taken at any time during the Availability Period,
but the Candidate must take into account planned maintenance to the EXIN Systems.
All maintenance periods can be found on the EXIN website. DMI does not guaranteethat EXIN Anywhere Examinations and the EXIN Systems are at all times fully available
without interruption.

9.2

The Candidate must read the Examination Rules and Regulations carefully before
starting the EXIN Anywhere Examination session. Next to general examination rules anda fraud regulation, the Examination Rules and Regulations contain specific provisions onparticipation in online Examinations, including provisions on the environment in which
the Candidate is taking the Examination, identification and rules of conduct.

9.3

The Candidate must observe the Examination Rules and Regulations strictly. After the
EXIN Anywhere Examination is completed, EXIN/DMI will check on deviations orirregularities. Any deviation or irregularity may lead to exclusion from participation/further
participation in the Examination, invalidation of the examination result and/or withdrawalof the Certificate or any other document issued, as set out in more detail in the
Examination Rules and Regulations. In such cases the examination fees paid will not be
refunded.

9.4

If (i) the Candidate cannot complete the EXIN Anywhere Examination session due to acomputer or internet disruption, or (ii) if there is any other failure causing interruptions in
the audio or video recordings or due to which the examination results have not or havenot fully been backed up, DMI/EXIN is entitled to declare the

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Examination work invalid. DMI/EXIN will in such case investigate the nature of theinterruption and will contact the Candidate.
9.5

If the disruption cannot be attributed to the EXIN Systems, the Candidate must
re-register for the Examination and must pay the examination fees due.

9.6

If the disruption can be attributed to the DMI Systems (i) DMI will enable the Candidate
to take the EXIN Anywhere Examination again (without being obliged to pay
examination fees once more), or (ii) DMI will take any other appropriate measures.

10 Participation in Examinations at an DMI Examination Location
10.1

The Candidate must read the Examination Rules and Regulations carefully before
participating in an Examination at an EXIN Examination Location. Apart from provisions
on fraud and other issues, the rules and regulations contain general examination rules tobe observed by the Candidate, including provisions on identification and being present on
time.

10.2

The Candidate must observe the Examination Rules and Regulations and must follow
instructions by the examination supervisor closely. Any deviation or irregularity may
result in exclusion from (further) participation in the Examination, nullification of theexamination work, invalidation of the examination result and/or withdrawal of theCertificate or other documents issued, as described in more detail in the Examination
Rules and Regulations. In such case, examination fees already paid will not be refunded.

11 Announcement of the Result, Inspection, Appeal and Complaints
11.1

The result of an Examination will either be announced to the Candidate in writing or by email, or an e-mail will be sent to the Candidate announcing that the result is available on
the Candidate Portal. No information will be provided on Examination results by phone.

11.2

The Candidate can, against payment of fees fixed by DMI/EXIN, request inspection of
the examination papers. The Candidate has the right to appeal to the Board of Appeal
against the assessment of an Examination or in other cases as defined in the
Examination Rules and Regulations.

11.3

The rules relating to announcement of the result, inspection and appeal have been
specified in more detail in the Examination Rules and Regulations.

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11.4

Complaints that are not related to the contents or the assessment of the Examination itself
can be presented to DMI orally or in writing in conformity with the provisions in the
Examination Rules and Regulations.

12 Examination Materials, Confidentiality and Intellectual Property Rights
12.1

The Candidate must maintain strict confidentiality regarding the Examination Materials.
The Candidate may not take Examination Materials or parts thereof with him, copy,
photograph or reproduce these in any other way, make announcements on Examination
Materials or make them available to third parties, unless the Candidate has received thewritten permission to do so from DMI.

12.2

All rights to the Examination Materials, including copy rights and other intellectual
property rights, lie exclusively with EXIN and its licensors. The Candidate may use the
Examination Materials only in so far as necessary for participating in the Examination.

12.3

EXIN/DMI has the right to exclude the Candidate from an Examination, to deny orwithdraw a Certificate, or to render an Examination invalid if there is evidence that theCandidate has acted contrary to this article 12. In case of serious irregularities, EXIN/DMI
has the right to exclude a Candidate from participation in future Examinations. All
sanctions are specified in more detail in the Examination Rules and Regulations.

13 Personal Data
13.1

EXIN processes personal data of the Candidate in the context of the performance of theAgreement. EXIN’s privacy policy is worked out in more detail in its privacy statement. It isclarified that DMI does not process or store personal data of the Candidate.

14 Force Majeure
14.1

If DMI is unable to meet its obligations towards the Candidate due to force majeure, theperformance of these obligations is suspended for the duration of that force majeure. Incase of force majeure, DMI is not obliged to pay compensation.

14.2

Force majeure also includes power interruptions, disruptions of internet service,failures in the EXIN/DMI Systems, failures of third parties or suppliers contracted by

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EXIN/DMI, delays caused by the postal system, strikes and business shutdowns.
14.3

If the force majeure lasts thirty (30) days or longer, DMI and the Candidate both have theright to terminate the Agreement fully or partially if justified by the force majeure situation.

15 Liability
15.1

If the Candidate has been unable to take an Examination, has been able to complete it inpart only, or must retake an Examination resulting from an attributable failure on the part of
DMI, DMI will enable the Candidate to retake the Examination without obliging the
Candidate to pay any examination fees once more.

15.2

Any other liability of DMI to the Candidate is excluded. DMI and sub-contractors
contracted by DMI are therefore not liable for any direct or indirect damage or costs of the
Candidate or third parties (also including loss of turnover and loss of profit) resulting from
attributable failures in the performance of the Agreement or from any other cause.

15.3

If and in so far as DMI nevertheless could be held liable to the Candidate, for whateverreason, then this liability will be limited per incident to no more than the examination fees
paid by the Candidate to DMI in respect of which that liability originated. In case a
Candidate has used an Examination Voucher for payment, the liability per incident islimited to no more than the fees charged by DMI to Candidates for the Examination atissue at the moment the liability arose. A series of connected incidents will in this context
be deemed as one incident.

15.4

DMI would not be liable for any loss, damage, fault or any other liability from EXIN, wheresuch loss, damage or liability would not be limited to any technical fault, glitch with regards
to the conduct or supply of the Examinations by EXIN.

15.5

This article is not applicable in case of intent or deliberate recklessness on thepart of DMI or its management.

16 Applicable Law; Disputes
16.1 These General Terms and Conditions and all Agreements are exclusively governed by Dutch
law.
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cognizance of appeals as referred to in article 31 of the Examination Rules andRegulations.
16.3 Without prejudice to what has been provided in 16.2 of these General Terms andConditions, all disputes between DMI and the Candidate will be exclusively submitted to theDistrict Court of Midden-Nederland, The Netherlands.

17 Breach of Agreement:
17.1.

Any unauthorized disclosure, sharing, or transfer of login particulars or course materials by the
Candidate will be considered a breach of this Agreement and may result in immediate
termination of access to the Exam, without any refund of fees paid.

17.2.

The Candidate may also be subject to legal action and be liable for damages resulting fromsuch breach.

18 Rights of the Provider
18.3

The Provider reserves the right to monitor the Candidate's account activity to ensurecompliance with this Agreement.
18.4

The Provider may take any necessary action, including legal proceedings, to protect its rights

and interests in the event of a breach of this clause.
18.5

By enrolling for the Exam, the Candidate agrees to adhere strictly to the terms set forth in thisclause.

19 Data Security Measures
19.3

DMI acknowledges that while reasonable measures will be taken by us to ensure the security

and confidentiality of the data of the Candidate, DMI cannot guarantee that unauthorized access,hacking, data loss or breaches will not occur.
19.4

DMI shall not be liable for any loss, theft, destruction, or unauthorized disclosure of any data,

including personal data, resulting from any breach, hack, or other data incident caused by third
parties, including but not limited to internet service providers, cloud service provider, otherexternal service providers or the Supplier.
19.5

The Candidate agrees to indemnify, defend and hold harmless DMI, its officers, directors,

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employees, and agents against any and all claims, damages, losses, liabilities, costs , andexpenses (including any legal fees) arising out of or in connection with any data breach, hack, or
security incident involving third parties.
19.6

In the occurrence of a security incident or data breach affecting the Candidate, the Candidate

must take adequate measures to promptly notify DMI upon becoming aware of such incident andmust provide reasonable assistance and cooperation in accordance with applicable laws andregulations. Under no circumstances will DMI be liable for any indirect, incidental, consequential
or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by
the Candidate even if DMI has been advised of the possibility of such damages, arising out ofrelated to any third-party breach, hack, or security incident.

20 Final Clause
20.1

All questions or remarks relating to these General Terms and Conditions, and all requests

or complaints can be sent to EXIN/DMI by using this web form or email to office@exinasia.com

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