TWI Certification Ltd Terms and Conditions (Personnel Certification)
1. General
This document comprises the terms and conditions (“Terms”) in relation to the services provided directly or indirectly by TWI Certification Ltd, Granta Park, Great Abington, Cambridge, CB21 6AL, United Kingdom, company number 03108202 (“Company”).
The individual applying for and receiving certification and/or examination services, as identified on the Application Form or Enrolment Form, shall be referred to as the “Client”.
Each party may be referred to individually as a “Party” and collectively as the “Parties”.
2. Definitions
Capitalised terms used throughout these Terms shall be defined as shown below.
| Term | Definition |
|---|
| Anti-Bribery Laws |
The Bribery Act 2010 and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010, and all other applicable UK legislation, statutory instruments and regulations in relation to bribery or corruption as amended from time to time. |
| Application Form |
A Company-supplied application form required by the Company to request the provision of services including Certification, Recertification, Surveillance and, where applicable, examination or assessment. |
| Certification |
A specific achievement of status granted to the Client by the Company in accordance with the terms of the Contract and the applicable certification scheme. |
| Certification Application |
Any application for Certification made by the Client to the Company, through signing and submitting an Application Form or Enrolment Form. |
| Company Sponsor |
A company or other third party that raises an Order for examination or certification fees for and on behalf of a Client. |
| Confidential Information |
All material, non-public, business-related information, in written form, whether or not it is marked as such, that is disclosed or made available pursuant to the Contract. |
| Contract |
The agreement between the Client and the Company and comprising these Terms together with the Application Form or Enrolment Form (as applicable) and any terms or conditions referenced therein. For the avoidance of doubt, the terms or conditions on any Order shall not form part of the Contract. |
| Data Protection Legislation |
All applicable data protection and privacy legislation in force from time to time in the United Kingdom. These include, but are not limited to, the UK General Data Protection Regulation (Retained Regulation (EU) 2016/679) (“UK GDPR”), the Data Protection Act 2018, the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and any other relevant UK legislation, statutory instruments, or regulations relating to data protection, privacy, and the processing of personal data, including any successor or replacement laws. |
| Effective Date |
The date from which certification is valid, usually printed on the certificate issued to the Client. |
| Enrolment Form |
A Company-supplied enrolment form required by the Company to enable the provision of examination or assessment services and, where applicable, for a Certification Application. |
| Expiry Date |
The date that the certificate expires, as set by the relevant certification scheme document. |
| Order |
Any purchase order or equivalent purchase document issued by a Company Sponsor to the Company for the payment of services for and on behalf of the Client. |
| Recertification |
The point at which the validity of the certification must be renewed fully. The recertification process is scheme dependent and details for the process and times at which recertification is undertaken can be found in the relevant scheme document. Recertification can also be referred to as “reassessment”. |
| Scheme |
A document created by the Company which outlines the certification process, rules and requirements for attaining an identified type of certification. |
| Schedule of Fees |
A separate document issued alongside the Application Form or Enrolment Form, as applicable, which outlines the fees for the services provided by the Company, covering all stages leading to the completion of the examination or certification, as applicable. This document also includes details of any additional charges, taxes, duties, or other fees that may apply. |
| Surveillance |
The point at which continued compliance is ascertained which can be annually, five-yearly or at other frequencies depending on the Scheme certified to; it can also be referred to as “renewal”. Reference should be made to the relevant scheme document. |
3. Services
3.1 These Terms cover the following services: the compliance of an individual or a procedure with a specific Scheme or qualification and the administration of exams or assessments for selected Schemes including EWF/IIW.
3.2 The services shall be governed by specific certification documents, under the CSWIP or BGAS-CSWIP banners, or the EWF/IIW qualification scheme. Full details of the CSWIP and BGAS-CSWIP certification schemes are on the CSWIP website and for the EWF/IIW Welding Coordination Diploma on the Company website.
3.3 The decision to grant Certification is at the sole discretion of the Company and subject to compliance with Scheme requirements.
3.4 The Company may delegate the performance of all or part of the services to an agent or a contractor and the Client authorises the Company to disclose all information necessary for such performance to the agent or subcontractor.
4. Application
4.1 The Client must complete and submit the appropriate Application Form or Enrolment Form to the Company.
4.2 The Contract is entered into when the Client, or where applicable the Company Sponsor, pays the application or enrolment fee (as applicable) for and on behalf of the Client.
5. Fees
5.1 The fees on the Schedule of Fees cover all stages leading to completion of the examination or Certification, as applicable, at the time of submitting the Application or Enrolment Form.
5.2 All fees quoted are exclusive of any form of duties, sales taxes, value added tax (or equivalent taxes), withholding tax and any export and/or import duty, all of which shall be paid by the Client.
5.3 The Company reserves the right to administer additional charges to those Clients who submit late applications, or who submit applications without the appropriate supporting documentation. The applicable charges are provided on the Schedule of Fees. By submitting an application, the Client acknowledges and agrees to these potential additional charges.
6. Payments
6.1 Full payment is required prior to commencement of any services by the Company.
6.2 The Company will issue an invoice to the Client on request and to the Company Sponsor on receipt of an Order.
6.3 Payments are made as follows:
(a) By Clients: via an online portal in advance of any examination or certification services being provided. All credit and debit card transactions are debited at the point of purchase. The Company complies with the Payment Card Industry Data Security Standards to protect payment data during transactions. All payment transactions are processed securely and the Company never stores credit card details in its systems.
(b) By Company Sponsor: within thirty (30) days net from invoice date, subject to clause 6.1, to the bank account stated on the invoice and in the currency determined by the invoice.
6.4 Neither the Client nor the Company Sponsor is entitled to retain or defer payment of any sums due to the Company on account of any dispute, counter-claim or set-off which they may allege against the Company.
6.5 The Client acknowledges that while payment for certification and/or examination services may be made by a Company Sponsor, the Client remains the principal party to the Contract. In the event that the Company Sponsor fails to make payment in full for any sums due under the Contract, the Client shall be jointly and severally liable for all outstanding amounts. The Company reserves the right to take any necessary action to recover such amounts from the Client directly.
7. Cancellation
7.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the Client is entitled to a cancellation cooling-off period whereby the Client may cancel their application or enrolment (with or without cause) within a period of 14 calendar days from the date of receiving confirmation from the Company and will receive a full refund of the total price paid.
7.2 After this initial cooling-off period, the following charges shall apply:
| Time period before cancellation is made | Charge to Client |
|---|
| More than 15 Calendar Days |
20% (to cover administration fees) |
| 14 Calendar Days or less |
Full charge |
7.3 The Company will issue the reimbursement using the same method of payment as utilised for the initial transaction unless expressly agreed otherwise. All cancellations must be received by the Company in writing (either by letter to the Company address or by email to personnel@twicertification.com).
8. Certificates
8.1 If the Company receives a satisfactory Certification Application, appropriate supporting documentation with true and accurate disclosures, and the Client successfully completes the Scheme-defined assessment, the Company will issue a certificate, as well as relevant documentation and/or merchandise, to the Client stating the scope of the Certification, Client details, and duration of the Certification.
8.2 Certification will cover the period from the Effective Date until the Expiry Date.
8.3 The Company shall at all times retain full unencumbered title to any Certification issued if awarded.
8.4 Certificates must be returned to the Company by the Client upon the provision of thirty (30) days’ written notice.
8.6 Duplicate certificates, ID cards or stamps to replace those lost or destroyed will be issued only after a verification process to confirm the details. This process may involve confirming identity and checking for any discrepancies. Clients will be informed of the estimated timeframe for the enquiry and any applicable fees (see Schedule of Fees). Replacement documents will be issued only after all necessary checks have been completed.
8.7 Should the Client require the details on the certificate, ID card or stamp to be changed post-issue, or require new copies due to loss or damage, a fixed fee shall be charged to the Client by the Company.
8.8 The Company shall supply certificates to the Client by standard post unless the Client has paid for the use of a courier service.
9. Surveillance or Recertification
9.1 Depending on the Scheme, applications for Surveillance or Recertification may be made up to six (6) months prior to the Expiry Date using the Application Form.
9.2 Applications post the Expiry Date are subject to further review and approval to proceed on a case-by-case basis. Such applications are subject to a Late Payment Fee as detailed in the Application Form.
10. Examination
10.1 The Company shall assess the Client’s eligibility in accordance with the Scheme’s requirements for the applicable examination, as determined by the information provided in the Enrolment Form. This assessment may include verifying the Client’s compliance with any prerequisites or eligibility criteria set forth by the Scheme.
10.2 Upon receipt of the completed Enrolment Form, the Company shall review the Client’s submission to determine whether the Client meets the necessary Scheme criteria for the applicable examination. If the Client is deemed eligible, the Company shall proceed to enrol the Client for the relevant examination, subject to availability and any additional requirements of the Scheme.
10.3 Following successful enrolment, the Client shall be scheduled for the applicable examination, which may be on a fixed date or a date mutually agreed upon by the parties, depending on availability. The Company shall notify the Client of the scheduled examination date and any preparatory requirements in writing as applicable.
10.4 The Client agrees to attend the examination on the scheduled date and time. Failure to attend the examination without prior notification or valid reason may result in rescheduling fees or forfeiture of examination rights (see Schedule of Fees).
10.5 The Company shall issue a results notice to the Client following the completion of the examination, typically within 21 working days from the examination date. This notice will detail the Client’s performance and indicate whether they have passed or failed the examination. The Company shall not be liable for any delays beyond this timeframe.
10.6 The Company reserves the right to refuse enrolment or cancel an examination booking if the Client fails to meet the eligibility criteria or if the Client has engaged in any fraudulent or dishonest activity during the enrolment process.
11. Obligations of the Client
11.1 The Client shall ensure that all information, records and documentation are made available to the Company when required by the Company to perform the services.
11.2 The Client shall not use or permit the use of a Certification document or any part thereof in a misleading manner.
11.3 The Client must not use its Certification in such a manner that would bring the Company, the certification body and/or Scheme into disrepute.
11.4 The Client will abide by declaration and confirmation statements on the Application Form and Enrolment Form. In the event of a conflict between these Terms and the Application Form or Enrolment Form, the Application Form or Enrolment Form will take precedence.
11.5 The Client agrees to comply, if applicable, with the rules on use and misuse of certificates and on professional conduct as determined by the Scheme, subject to such Certification being awarded.
11.6 Copies of the certification are not permitted and are not considered valid.
11.7 The Client shall not alter or misrepresent the contents of certificates in any way and is not permitted to publish or make public the certificates including, but not limited to, social media promotion, except that the Client is permitted to disclose their certification status to potential employers, recruiters, or as part of a job application process, provided such disclosure is solely for the purpose of demonstrating qualifications and/or certification.
12. Appeals, Re‑assessment and Complaints
12.1 For Certification, the Client may appeal on one or more of the following grounds:
(a) against an action or decision by the Company;
(b) refusal of examination due to insufficient experience and/or training;
(c) failure to recertify due to insufficient experience;
(d) invalidation of certificate;
(e) evidence of substantive irregularity in the conduct of an examination;
(f) considering, on stated grounds, that there is an error in a mark the Client has received (believing that the Client should have done better will not be accepted as grounds for an appeal);
(g) other reasons that do not involve the results of an examination, assessment or certification decision (as applicable). An appeal incurs an administration fee as shown on the Schedule of Fees.
12.2 The Client may request a re‑assessment of their exam or assessment, which involves confirmation by a second internal examiner, designed to ensure that all elements submitted were considered and assessed, and that no errors occurred in the recording, collating, or combining of marks. A re‑assessment incurs a re‑assessment fee as shown on the Schedule of Fees.
12.3 All appeals must be submitted in writing with relevant supporting documentation. The appeal will be acknowledged and investigated by suitably competent individual(s). All decisions will be conveyed to the appellant by the appointed individual within TWI Cert.
12.4 The Client should submit any complaint to the Company within seven (7) days of the date of incident. The complaints policy is available from the Company’s Customer Services upon request. Contact us.
13. Warranties and liabilities
13.1 The Company will provide the services under the Contract using all reasonable care and skill and in accordance with the codes of practice then in force of the relevant Scheme. The Company accepts responsibility only in cases of proven gross negligence.
13.2 Except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in these Terms, the Company shall not be liable to the Client nor any third party by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the services inclusive of any alterations or amendments to the services, including cancellation by you, and the entire liability of the Company under or in connection with the services shall not exceed the amount of the fees paid by the Client under the Contract, except as expressly provided in these Terms.
13.3 The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
14. Confidentiality
14.1 Unless required by law or by a judicial, governmental or any other regulatory body, neither Party nor their agents or subcontractors shall use Confidential Information other than for the purpose of Certification and the Contract, nor disclose the other’s Confidential Information to any person or entity without the prior written approval of the other Party, except as expressly provided for herein.
14.2 This obligation shall not apply to any information which: (i) is or becomes known to a Party from a third party without any confidentiality obligation; (ii) is or becomes generally available in the public domain; or (iii) is otherwise received legally.
14.3 Notwithstanding requests or obligations to return or destroy Confidential Information, the Company shall be permitted to retain copies of the Client’s Confidential Information solely for archival, audit, disaster recovery, legal and/or regulatory purposes, and will not be required to search archived electronic back‑up files of its computer systems in order to purge Confidential Information from its archived files.
14.4 The obligations and provisions in this section shall continue in force for as long as the relevant information remains confidential.
15. Anti‑Bribery Compliance
15.1 Both Parties shall comply with all applicable Anti‑Bribery Laws and take all reasonable steps to prevent bribery and corruption in connection with the Contract.
15.2 Neither Party shall, directly or indirectly, offer, promise, or give a bribe or improper advantage; request, agree to receive, or accept a bribe or improper advantage; or bribe a foreign public official to obtain or retain business where such influence is unlawful. Both Parties shall implement and maintain adequate measures to prevent bribery under the Bribery Act 2010 and shall immediately notify the other upon becoming aware of any breach or potential breach of this clause.
16. Intellectual Property
16.1 Any document, including but not limited to certificates issued by the Company and any associated copyright, shall remain the property of the Company. The Client’s rights to use certificates and access duplicate certificates are outlined in these Terms.
17. Data Protection
17.1 The Client acknowledges that the Company, its associated trading companies, and any third parties processing data on its behalf will collect, store, and use personal data provided by the Client for administrative purposes in compliance with the applicable UK Data Protection Legislation in connection with the Contract.
17.2 The Client further acknowledges that all data provided by the Client will be managed in accordance with the Company’s Privacy Policy.
18. Consumer Rights Protection
18.1 Nothing in these Terms shall affect any of the Client’s statutory rights as a consumer under applicable law. If any provision of these Terms is found to exclude or restrict any of the Client’s legal rights as a consumer, that provision shall, to that extent, be deemed void and unenforceable, without affecting the validity of the remaining provisions of these Terms.
19. Entire agreement
19.1 The Contract constitutes the entire agreement and understanding between the Client and the Company with respect to the subject matter hereof and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter.
19.2 If any one or more provisions of these Terms are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
20. No variation
20.1 No variation to the Contract shall be valid or effective unless it is in writing and is duly signed or executed by, or on behalf of, each Party.
21. Force Majeure
21.1 If the Company is prevented from performing or completing any service for which the Contract has been made by reason of any cause whatsoever outside the Company’s control, including but not limited to acts of God, war, pandemic, terrorist activity or industrial action; failure to obtain permits, licences or registrations; illness, death or resignation of personnel; or failure by the Client to comply with any of its obligations under the Contract, the Company shall make reasonable efforts to mitigate the impact on service delivery. In cases where the service cannot be delivered, determined at the discretion of the Company, the Client shall not be required to pay for the undelivered portion of the service, and the Company will bear no liability for any failure in performance under such circumstances.
22. No Partnership
22.1 The Contract does not create any partnership, agency, employment or fiduciary relationship between the Company and the Client nor between the Company and the Company Sponsor.
23. Assignment
23.1 The Client may not assign, transfer, sub‑contract or encumber any right or obligation under the Contract, in whole or in part, without the Company’s prior written consent.
24. Law and jurisdiction
24.1 This Agreement and any obligations arising out of or in connection with it (both contractual and non‑contractual) shall be governed by and construed in accordance with English Law.
24.2 All disputes arising out of or affecting this Agreement shall be subject to the exclusive jurisdiction of the English courts to which the Parties hereby irrevocably agree to submit.