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CSA Policy Statement
This CSA Confidentiality Agreement (the "Agreement") is entered into as of
the date of your acceptance (the "Effective Date") by and between you and
Compliance Services and Assessments, LC. (CSA) of Greenbrier, Arkansas. By
taking a CSA Assessment you agree to the terms of this Agreement. In
consideration of the mutual covenants and promises contained herein, you and CSA
agree as follows:
- Definitions
- "Qualification(s)" indicates that the individual has successfully
passed a test in the respective discipline as offered by CSA to
demonstrate minimum competency as required by a respective jurisdiction.
- "Assessment(s)" means an Assessment offered by CSA under this
agreement which CSA in its sole discretion may change from time-to-time
without advance written notice.
- "Partner(s)" means CSA Business Partners who holds a current
contractual agreement with CSA. In its sole discretion, CSA may change
its Business Partners from time-to-time without advance written notice.
- "Participant" is an individual who has requested to sit for an exam,
has sat for an exam, or who has received a qualification ID card by CSA.
- Qualification
- Qualification Requirements. To become CSA Qualified, you must
successfully pass a written test demonstrating minimum competency in the
respective field. If you meet these requirements, you will receive a
certificate and ID card with designation of demonstrating minimum
qualifications from CSA signifying your accomplishment. Requirements,
including any pre-requisites, training recommendations, testing
information, re-testing, candidate conduct policies, are available on
the CSA website at www.CSAexams.com. CSA reserves the right to change
the program without notice. Such changes may include, without
limitation: adding or deleting available Assessments, modifying
qualification requirements, recommended training courses, testing
objectives, outlines and/or exams. You agree to meet the then-current
requirements, as changed, as a condition of obtaining and maintaining
your Qualifications.
- Qualification Revocation. CSA may at its sole discretion revoke any
and all Qualifications you may have earned, and permanently ban you from
testing for or earning future Qualifications, under any of the following circumstances:
- If you have falsely represented your qualifications;
- If you have tampered with or altered your CSA ID card or
certificate; or
- Your are observed marking in books or other test materials
during an assessment; or
- You are observed talking with other participants during an
assessment; or
- If you breach any of the terms and conditions of this Agreement;
or
- If CSA determines, in its sole discretion, that you have
undertaken or participated in any action that could be considered as
compromising the integrity and confidentiality of an examination,
Qualification, or Assessment.
- Confidentiality and Intellectual Property Ownership
- Confidentiality. You agree that the contents of the exam are
confidential and that the disclosure of that information could
compromise the integrity of the Assessment and of Qualifications. CSA
makes exams available to you solely to test your knowledge of the exam
subject matter for which you seek Qualification. You are expressly
prohibited from disclosing, publishing, reproducing, or transmitting any
exam and any related information including, without limitation,
questions, answers, worksheets, computations, drawings, diagrams, length
or number of exam segments or questions, or any communications,
including oral communication regarding or related to the exam (known
collectively as "Proprietary Information"), in whole or in part, in any
form or by any means, oral or written, electronic or mechanical, for any
purpose, without the prior express written permission of CSA.
- Individuals are prohibited from marking in any reference materials
or other removable media during an assessment, recording exam content,
or otherwise compromising assessment content for personal gain.
- Intellectual Property Ownership. CSA retains all rights, title and
interest in and to all Assessments and related information, content,
data, exams, materials, and all copyrights, patent rights, trademark
rights and other proprietary rights therein. All rights not expressly
granted by CSA to you are expressly reserved to CSA.
- Term and Termination
- Term. The term of this Agreement is perpetual.
- Termination by CSA. CSA may, in its sole discretion, terminate this
Agreement at any time if you breach any of the material terms of this
Agreement, or if you violate or fail to meet any Assessment
requirements, or if following a review CSA finds you at fault for any
violation of these terms.
- Notice. CSA will provide you written notice of termination at your
last known address. Termination shall be effective as of the date set
forth in the notice. CSA, without waiving its right to immediately
terminate this Agreement, may provide you with thirty (30) days to
correct any default ("Cure Period"). If CSA permits such a Cure Period,
your failure to cure any default within the Cure Period shall
automatically cause the termination of this Agreement without further
notice.
- Effect of Termination. Upon the termination of this Agreement, you
shall immediately cease to represent yourself as CSA Qualified.
- Limitation of Liability
- In no event shall CSA be liable for any indirect, special,
incidental, consequential damages, including lost profits, or any kind
regardless of the form of action, whether in contract tort (including
negligence), strict liability, or otherwise, even if the party has been
advised of the possibility of such damages. This limitation will apply
notwithstanding any failure of essential purpose of any limited remedy
provided herein.
- Although CSA has multiple systems in place to ensure servers,
software, and computers are properly functioning, technical issues may
arise outside of our control. CSA is not liable for indirect,
special, incidental, consequential damages, including lost profits,
wages, travel expenses, or other expenses beyond the cost of an
assessment due to technical issues. If a participant is not able
to complete a scheduled test due to technical issues with any of our
systems or partners systems, one re-test will be provided at no cost for
the respective test.
- Privacy and delivery of qualification information to third parties
- CSA is a global company and may share your personal information with
other CSA offices or Partners only as necessary to register and deliver
your Assessments or to verify your Qualifications. CSA may provide
limited information such as your name, company, Qualification(s),
Qualification ID card number, date taken, expiration date, and contact
information with an Authority Having Jurisdiction (AHJ) or an agent of
your employer as indicated in our records in order that they may verify
your qualification(s). All parties with which CSA shares your personal
information are governed by this Agreement or are bound by appropriate
confidentiality and data transfer agreements.
- CSA often receives requests from third parties such as an AHJ or
employers, to verify an individual’s Qualification status. CSA may,
but has no obligation to, provide such information about your
Qualification status to others. In such situations, CSA will provide
limited information in its possession and will depend on you to
periodically verify that such information is correct. CSA shall have
no liability for providing incorrect information to third parties in
response to a proper request to verify your Qualification status.
- Your personal information will not be shared or sold to any outside
parties for use other than verification of Qualification as outlined
above without your permission.
- Assignments. You may not assign any rights, licenses or obligations received
under this Agreement to anyone. Any attempted assignment in violation of
this Agreement shall be null and void and without effect.
- Confiscation of testing material.
- If an individual is suspected of sharing information, using any
manner to mark in books or other testing materials, or is otherwise felt
to compromise an assessment or any assessment questions, the individual
shall surrender applicable testing books and materials to the site
proctor or other CSA representative. Such materials are subject to
review by CSA staff or designated representatives.
- If during such review it is felt that the material has been
marked or otherwise recorded in such a way that returning the material
would compromise an assessment or assessment questions, CSA reserves the
right to confiscate the effected material and not return the effected
material. The participant surrenders liability for costs of said
materials. CSA is not responsible to reimburse participant for said
materials.
- If upon review of the material it is felt that an assessment or any
assessment questions have not been compromised, the materials will be
returned to the participant following the review.
- Miscellaneous
- Waiver and Modification. You waive any right to challenge the
validity and enforceability of this Agreement on the grounds that it was
transmitted and entered into electronically. You agree that entering
into the Agreement electronically is equivalent to signing the
Agreement. Failure by either of us to enforce any provision of this
Agreement will not be deemed a waiver of future enforcement of that or
any other provision. Any waiver, amendment or other modification of any
provision of this Agreement will be effective only if in writing and
signed by both you and CSA.
- Severability. If a court of competent jurisdiction finds any
provision of this Agreement to be unenforceable, that provision of the
Agreement will be enforced to the maximum extent permissible so as to
affect the intent of the provision, and remainder of this Agreement will
continue in full force and effect.
- Survival. Sections 3 and 5 shall survive termination of this
Agreement.
- Controlling Law and Jurisdiction.
- This Agreement and any action related thereto shall be governed,
controlled, interpreted, and defined by and under the laws of the
Sate of Arkansas within the United States, without regard to its
conflicts of laws provisions. Unless otherwise waived by CSA at its
sole discretion, exclusive jurisdiction and venue of any action
arising out of or relating to this Agreement shall be the Court of
Arkansas for the County of Faulkner or the United States District
Court for the District of Arkansas.
- Entire Agreement. This Agreement constitutes the entire agreement
between you and CSA with respect to the subject matter hereof, and
supersedes all prior and contemporaneous understandings or agreements,
written or oral, regarding such subject matter.
- Notices. All notices sent or required to be sent shall be in writing
or be e-mail to the other party at address for the other party set forth
below, or such other address as is provided in writing or via e-mail to
the other. It shall be your sole responsibility to ensure that CSA has a
current address for the participant.
CSA Assessment Refund Policy, Terms,
and Conditions
By requesting a schedule authorization, or requesting to
sit for an assessment, the participant or participants representative is
agreeing to the terms and conditions outlined in this document, on the CSA web
site, and by the proctoring agency such as ACT, Inc. If a participants
representative is processing the request, it is his/her responsibility to
provide the participant with all applicable terms, conditions, instructions,
study information, and
guidelines for the assessment.
CSA recognizes that situations arise that require schedules to be changed.
However, we are also obligated to making sure that those needing to take an
assessment quickly, such as when a project is being held up, are given the first available
date. On occasion we will have individuals that fail to properly prepare, don't
schedule work activities, or decide at the last minute that they are not ready for an
assessment. These individuals will often try to reschedule at the last minute or
will not even show up. This results in an empty seat that could have been filled by
another person needing to take an assessment. In addition, CSA
encounters various fees for individuals that are processed and then fail to show.
Therefore, we must take a strict stance on schedule changes and refunds.
Substitutions of other participants are not allowed. While some
testing organizations will require 30 or even 90 days notice to change a schedule without
new payments if they will even allow changes, CSA only requires 3 business days notice
for AHJ proctored assessments and 3 days for ACT assessments.
ASSESSMENTS ADMINISTERED AT ONE OF OUR CONTRACTED
PROCTORING FACILITIES SUCH AS ACT, INC.:
Assessments paid and/or scheduled with one of our contracted
proctoring facilities are also bound and regulated by their terms and conditions.
These will be indicated within their web site and email notices.
If not specified otherwise by the proctoring agency you must
schedule and take your assessment within 60 days of being notified that you have
been approved to sit for an assessment. You may make changes on-line up to
three days before your scheduled assessment. Once a payment is made there
will be NO REFUNDS or substitutions.
CHEATING OR MISREPRESENTATION
Some assessments, including ACT proctored
assessments, are video and audio recorded. Any person caught, video taped, or
appearing to conduct suspicious activities related to cheating or copying
question information will be subject to administrative actions and review.
Participants caught cheating or conducting suspicious activities during the
assessment may be asked to leave the assessment and the test center. Following
review by CSA staff and formal notification of findings to the participant or
contact person, a person found to have conducted inappropriate activities may be
disqualified from receiving a passing grade and may be banned from future CSA
assessments. Any payments will be forfeited. A participant will have 14
calendar days from receiving formal notification of administrative action to
appeal an administrative decision. Appeals must be received by certified
mail at the address on the notification document or as provided
on our web site. Failure to
follow the outlined procedures will forfeit the participants’ rights to an
appeal or further actions. No refunds will be issued.
Assessment scores presented at the time of the
assessment are preliminary scores and are not final until validated by CSA
staff. Receipt of an ID card and/or certificate will be final confirmation of a
passing score. Participants may challenge specific questions by following
criteria outlined later in this document. There may be additional charges to
challenge questions.
CSA cards and certificates are the property of Compliance
Services and Assessments, LC (CSA). Misrepresentation of an individual’s
qualification, use by another person, representation for other than
demonstrating minimum qualifications through computer based assessments, or
other inappropriate use of the card or certificate will be grounds for
administrative action. This may include recovery of the card, certificate, or
other such documentation and revocation of qualifications. A local AHJ, authorized agent, or CSA representative
is authorized to take possession of such documents and return to CSA.
On occasion CSA will receive complaints about an
individual’s work ethics, quality of work, or failure to comply with minimum
codes. Such actions compromise the reputation and quality of any qualification
body. Upon such documented complaints CSA may initiate an investigation into
the validity of such claims. If it is found that the individual is not
representing themselves in a professional manner or is performing work in
violation of recognized standards, CSA reserves the right to take possession of CSA
documents pending the outcome of a formal investigation. During such formal
investigation CSA will notify the individual in writing and provide the
individual with the opportunity to defend the claims made against them. The
individual will be required to respond in the times outlined in the
notification. The individual may be subject to administrative actions as
outlined elsewhere in our terms and conditions.
To ensure that you receive email notifications we
suggest you add csaexams.com, info@csaexams.com,
and ACT.org to your authorized sites or
address books as directed by your email service providers guidelines. Neither
CSA nor ACT can be held responsible for blocked emails. If you are expecting a
notification and have not gotten it, please check your spam and/or junk folders.
Any checks or payments returned for insufficient funds
will be assessed a fee equal to the amount charged CSA by a banking institution
or one of our partners.
An additional processing fee of $30 may be charged for CSA time in handling the
returned payment.
THIS CRITERIA IS FOR ASSESSMENTS PROCTORED BY A LOCAL
JURISDICTION:
Changes to assessment schedules require minimum 3 business days notice.
Failure to provide three (3) business days notice will generally require
payment of a new assessment fee and completion of a new schedule request. Any
request to change a schedule MUST be emailed to us
3 business days in advance. Requests by phone will not be accepted. If you
have received a schedule notice within 3 days of a scheduled assessment you must notify us
of a change within 24 hours of the time/date indicated on your email notice. The
date/time of the email will serve as the official time of the notice. Time zone
changes will be credited in your favor.
Assessments scheduled through our automated scheduling service
(ACT, Inc.) are bound by different criterion outlined within that services screens.
One schedule change request providing at least three (3) business days
notice will be processed for each person without charge. A second request to change
the same assessment schedule may incur a $25 fee. Additional requests will require a
new fee of the full amount in addition to a new request being submitted via our web site
(same as the initial request).
When assessments are proctored at a local code authority, exceptions for documented medical emergencies within the family or to the
individual will be evaluated upon request with submittal of documentation for review.
Families are important to CSA and we will review doctors medical excuses if you
have to miss to take care of sick children. A doctors note is required for any
medical emergency exception. Other extenuating circumstances that cause you to miss
an assessment will be reviewed on a case by case bases and all decisions of CSA are final.
Such review will general require documentation. There will generally be no
refunds issued if you did not at least email us with intent of missing an assessment prior
to the scheduled assessment time. Thus, if you will miss an assessment for a medical
condition, please send us an email before your assessment time and then follow up with
documentation.
Federal holidays, Saturday, and Sunday are not considered business days.
If a credit card payment is disputed and a chargeback is placed against
CSA or a CSA partnering agency it will be investigated. If the charge is found by
CSA to be justified and all services where delivered per our policies then that individual
and/or company at CSA's discretion may be denied from scheduling or sitting for any future
assessments until the dispute is resolved and all debts have been paid in full including
any additional service fees incurred in handling the dispute. If an ID card and/or
certificate has been issued and then a dispute is initiated, CSA reserves the right to
demand return of the ID card and/or certificate until dispute is resolved and found in
favor of the individual/company. CSA reserves the right to require payment of an
additional $30 investigation fee if it is found that all services where delivered in
accordance with outlined policies and the chargeback was resolved in favor of CSA.
CSA will not be liable or responsible for delays incurred due to investigating,
processing, scheduling, or other such activities. CSA will not be responsible or
held liable for construction or inspection delays of a project for failure to have a
qualified person as required by a jurisdiction.
Questions about any policies shall be submitted to CSA in writing
before accepting terms and processing a payment. By processing you have
agreed to these terms and conditions.
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