Terms and Conditions for Training Course Approval
Updated 7 November 2022
a) ‘Anniversary Date’ shall mean the date upon which a Certificate shall expire unless revalidated. This shall be a period specified in the course-specific Guidance Document.
b) ‘Applicant’ shall mean a training establishment applying for training course approval.
c) ‘Data Protection Legislation’ shall mean:
i) Any applicable law relating to the processing of personal data, as applicable to either Party or to the Services, including:
(1) The UK General Data Protection Regulation or the UK GDPR and the UK Data Protection Act 2018;
(2) Any laws which implement such laws;
(3) Any laws which replace, extend, re-enact, consolidate, or amend any of the laws stated in (1) and above;
(4) All Guidance, Codes of Practice and Codes of Conduct issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (whether legally binding or not).
ii) ‘GDPR’ shall mean the UK General Data Protection Regulation.
iii) ‘Protected Data’ shall mean Personal Data received from or on behalf of the Applicant or obtained in connection with the Scheme.
iv) ‘Sub-Processor’ shall mean any agent, sub-contractor or any other third-party engaged by IMCA, which will be processing protected data.
d) ‘Evidence Portfolio’ shall mean required documentation submitted by the Applicant as proof of compliance with the criteria established under this Scheme.
e) ‘Evidence Portfolio Review’ shall mean a review of the required documentation submitted in (g). This review shall be undertaken by the IMCA Secretariat.
f) ‘Fee(s)’ shall mean the sums payable for services provided under the Scheme, as set out in Schedule 1 of these Terms and Conditions. Fees payable under this Scheme are non-refundable.
g) ‘Guidance Documents’ shall mean the current edition of the document IMCA G 010 – IMCA assessment procedure for training course approval – which shall be periodically updated by IMCA and published on the IMCA website, plus one or more course-specific guidance documents defined therein.
h) ‘Training Course Approval Certificate’ (the ‘Certificate’) shall mean the certificate issued on successful completion of the approval process, which includes completion of the membership application process for new applicants.
i) ‘Training Course Approval Scheme’ (the ‘Scheme’) shall mean the initial application, assessment, approval, and ongoing revalidation as established by the International Marine Contractors Association (IMCA).
j) ‘Training Course Assessment’ shall mean a review of the required documentation submitted in (d). This review shall be undertaken by the IMCA Secretariat.
- Applicants for training course approval must be current members of IMCA or must apply for membership together with their application for training course approval. A specific membership category may be set out in the appropriate course-specific guidance document.
- Training course approval is conditional on IMCA membership being maintained in accordance with the IMCA Bye-laws. In the event of resignation or non-payment of fees, approval may be suspended or withdrawn.
3 Application Process
- Applicants shall submit to IMCA an application form and supporting Evidence Portfolio as required by the requirements set out in the Guidance Documents. Such applications will specify the legal entity/ies operating the training course and their location(s). IMCA will respond with an invoice for the relevant fee(s) but no further action will be taken until payment in full has been received by IMCA.
- Once payment of the required fees has been received by IMCA, the Training Course Assessment set out in section 1) will commence.
- Once the assessment has been completed, a further invoice will be issued to the Applicant for any remaining costs associated with the assessment. No further action will be taken until payment in full has been received by IMCA.
- 4Once the assessment has been completed and all relevant fees and expenses have been paid, the Applicant will be notified of the assessment outcome. If successful, including completion of the membership application procedure for new applications, the Applicant will be provided with a Training Course Approval Certificate. If unsuccessful, the terms set out in sections 1) and 1) shall apply.
4 Training Course Assessment Process
- Once the application form and evidence portfolio has been submitted, the IMCA Secretariat will undertake a desktop audit. The desktop audit findings will be recorded in IMCA’s auditing software, and the Applicant will be notified in writing of any non-conformances. Any material submitted to address the non-conformances must be sent to IMCA by the Applicant within a period not exceeding six weeks.
- On successful completion of the desktop audit, the Applicant will be notified in writing and IMCA will give permission for the Applicant to run a course which will undergo on-site audit, with participants advised that IMCA approval is conditional on a successful outcome.
- An on-site audit will be undertaken while the first course is running. IMCA will send the Applicant an audit arrangement letter, detailing the requirements of the on-site audit. If the first course is delivered entirely online, the IMCA auditor will attend parts of the course remotely on at least two separate days.
- Following a satisfactory audit, the Applicant will receive a Letter of Accreditation signifying IMCA approval of the course for a period specified in the course-specific Guidance Document, subject to completion of the membership application process for new applicants.
5 Fees Payable
- Payment in full of the required Fee, as set out in Schedule 1, shall be made in order to initiate a review of an Applicants’ Evidence Portfolio by the IMCA secretariat against the established criteria.
- As set out in the Schedule of Fees, two review cycles of the Evidence Portfolio shall be included as part of the initial payment, which will enable any issues raised by the IMCA Secretariat to be addressed and clarified by the Applicant.
- Any further review cycles required as a result of insufficient evidence being submitted, or failure to address questions raised during the review process, shall incur an additional fee as set out in Schedule 1.
6 Non-Approval of Courses
- Should the review of the Evidence Portfolio result in a course being considered as not having met the established criteria, that Applicant shall not be permitted to progress to the next stage of the process. For new applicants, this will also affect the membership application. In such an event, IMCA shall provide the Applicant with the reasons for that decision in writing. Unsuccessful applicants may not re-apply for a period of six months following receipt of notification.
- Applicants who have been unsuccessful and wish to appeal should do so in writing to IMCA at [email protected] within 30 days of the date of the letter advising them of the outcome. Course-specific guidance documents set out points of appeal regarding training course applications. Any subsequent decision by IMCA on this issue shall be final.
- Appeals against a decision to revoke a Training Course Approval Certificate should be submitted to IMCA within 30 days of expiry of the Certificate. Any subsequent decision by IMCA on this issue shall be final.
8 Extent of Approvals
- Any approval shall be confirmed by the issuance of a Certificate confirming details of the approval.
- Any approval is limited to the course submitted for assessment and does not extend to other training courses, services or the training establishment as a whole.
- Where a course is required to be delivered either partially or wholly at a physical venue, any approval is limited to the location(s) assessed, which will be described on the Certificate. Where a course is delivered wholly online, the Certificate will state that the approval is for online courses only.
- A list of current course approvals will be maintained on the IMCA website. This will be the authoritative record and the Certificate will guide individuals to verify current validity via the website in case of suspension or withdrawal of approval during the validity period shown on the Certificate.
9 Revalidation Process
- Applicants shall be required to undergo a revalidation assessment as set out in the Guidance Documents.
- Applicants wishing to obtain a revalidation of their Training Course Approval Certificate shall submit the required Evidence Portfolio no later than two months prior to the expiry of their Certificate.
- Should the revalidation criteria not be met, then the course approval shall be revoked. This may also lead to withdrawal of IMCA membership.
10 Lapsed Approval Certificates
- Should a Training Course Approval Certificate be permitted to lapse; it shall not be revalidated in accordance with the process set out in section 1).
- An Applicant wishing to reinstate their accreditation having allowed their Certificate to lapse, shall be required to recommence the process as a new Applicant.
11 Variations to Course Approval
- Where a course is required to be delivered either partially or wholly at a physical venue, the training establishment will include details on that location in the initial application. Where the training establishment wishes to provide the course at an additional location, it must first submit an application for temporary approval of an additional location for assessment by IMCA.
- Applications must be made no later than two months prior to the first course date, to allow sufficient time for processing and assessment by IMCA.
- Payment of a fee (set out in Schedule 1) is required before an application for temporary approval is assessed.
- Should approval be granted for additional locations an updated Certificate will be issued to the provider. In cases where such additional approval is for a limited period, it shall display the appropriate expiry date, reverting to the original or previous Certificate on expiry.
12 Submission of Trainee Data
- Training establishments are required to submit certain information regarding trainees completing approved courses to IMCA, for the purposes of maintaining a central record that enables verification of certificates.
- Where a particular format is specified by IMCA for submission of trainee data, this must be used.
- Training establishments are responsible for ensuring that their trainees are familiar with and accepting of this processing and how it meets the requirements of relevant Data Protection Legislation. IMCA shall provide guidance to training establishments on this.
- Based on feedback to IMCA, IMCA reserves the right to audit IMCA Approved Training Courses. IMCA reserves the right to revoke any approval on the basis of the outcome of any such audit. This would also affect membership status.
- Providers of courses accredited in accordance with these Schemes shall comply with IMCA’s ‘Bye-laws’ and its’ ‘Code of Conduct’ as published on the IMCA website. IMCA reserves the right to revoke any accreditation on the basis of non-compliance with this Code.
- Any training provider whose course is approved by IMCA is solely responsible for the safe, lawful, and proper conduct of their operations.
- Approval of any course by IMCA does not constitute a representation, warranty or guarantee by IMCA that the training provider will perform their operations consistently with IMCA’s Bye-laws, codes of practice, guidelines, information notes and other materials.
- Any liability which IMCA may have to any training provider in relation to the Scheme shall not exceed the total of the fees paid by, or on behalf of, them as set out in Schedule 1 below. If no fees have been paid by, or on behalf of, the training provider, IMCA’s liability shall not exceed GBP 10.
15 Law and Jurisdiction
- These terms and conditions, and any non-contractual obligations arising from or in connection with them, shall in all respects be governed by and interpreted in accordance with English law.
- The courts of England are to have exclusive jurisdiction over any dispute:
a) arising from or in connection with these terms and conditions; or
b) relating to any non-contractual obligations arising from or in connection with these terms and conditions or the approval of any training course.
Schedule 1 – Schedule of Fees
New Course Audit Fee – New membership applicants and existing members applying for approval of a new course must pay the following:
- Introductory ROV Training course – £2000
- Trainee Air Diving Supervisor course – £2000
- Trainee Bell Diving Supervisor course – £2000
- Assistant Life Support Technician course – £2000
- Diver Medic course – £3000
- Additional check of evidence (see 5.3) – £350
Revalidation Fee – course revalidations are included in annual membership renewal fees, subject to additional on-site audit expenses as set out below.
Additional Fees – All training providers are required to pay the following where appropriate:
- Travel, accommodation and subsistence expenses for on-site audits – charged at cost plus 5%
- Additional course audit (where required outside of the normal revalidation process) – £3000
- Application for variation to course approval (see 11) – £350