Terms and Conditions

Where the ability to enter personal or business details (e-mail addresses, names, addresses) occurs on the website, then providing these data on the part of the user is done on an expressly voluntary basis. Brightest GmbH stores the submitted data for the specific purpose outlined in the web form and, with the consent of the user, for sending information and newsletters about services provided by Brightest GmbH The personal data will not be disclosed to third parties only unless previously granted explicit written or electronic consent is given by the individual. You may object to the use of your personal data for the purpose of sending information and newsletters about services provided by Brightest GmbH at any time.

Area of applicability

These general Terms and Conditions of business concerning the performance of certification exams organised by Brightest GmbH and their 3rd party service providers are binding for contracts with:

Brightest GmbH
Lehmbruckstr. 18
10245 Berlin, Germany
+49 (0) 176 7074 2936
info@brightest.org

Registration and conclusion of the contract

The examination offers of Brightest GmbH are subject to confirmation and non-binding.

The registration of an exam participant for a give certification exam offers by Brightest GmbH can only take place in a binding manner via the website or, in acknowledgement of these general terms and conditions of business, in writing, by email or by fax. The booking shall not be deemed to be binding until a written confirmation of the registration of the participant has been issued by Brightest GmbH i.Gr or their service provider Pearson VUE. The confirmation of the registration shall not lead to a legal claim to the performance of the exam.

The number of participants for each exam may be limited for organisational reasons. Registrations will be considered on a first-come, first-served basis.

Services

The sum stated when booking an exam is the participants’ fee for the exam which must be paid. An exam can be reschedule via Pearson VUE up until 24 hours before the start of the exam for free. Changes are not possible within 24 hours of the start of the exam. Special cases may be considered if possible, but no promises are made.

2 Business days’ notice is required for the adjustment of the time for any group exam run on the premisses of one of our partners. Changes made within 2 business days of a group exam may result in extra fees. The local partner or participants are responsible for checking the compatibility of the devices which are to be used for a given Brightest exam, before the date of the actual exam.

For certain exams, it may be possible to receive a discount on the examination fee as a member of a given association or employee of a given company. In order to claim this, it is necessary to notify Brightest GmbH of this association or employment status before registering for the exam.

Participants of exams who are not successful at passing the exam in their first attempt, are welcome to request a 10% discount on a resit exam, provided the first attempt was also done through Brightest GmbH. Please note that these discounts will not be able to be combined with any other discount.

Booking alteration

Booking alterations must, as a rule, take place in writing, by email or fax to the point of contact stated in §1 for group exams, or for individual exams via Pearson VUE, directly in the platform where you have registered.

Following the confirmation of the registration by Brightest GmbH for a group exam, the client can nominate a replacement participant prior to the final working day before the start of the exam. Such booking alterations are free of charge.

In the case of a booking alteration, the price which applied to the original exam registration shall continue to be in force.

Cancellation

Legally valid cancellations must, as a rule, also take place in writing, by email or fax to the point of contact stated in §1.

Group Exams (Online or Paper exams following the completion of a course or after self-learning at a given company in one location): Up to 2 business days prior to the start of the exam, no fee will be charged for a cancellation or a group exam. A minor fee may be enforced for any group exam which is cancelled within 2 business to cover any generated costs of Brightest GmbH as a direct result of the cancellation. This amount is to be discussed and decided by both parties.

Individual Exam (Online exams for individuals booked through the Brightest website in association with our partner Pearson VUE - Test Center or Remote-Proctored Exams): It is up to the individual to make any adjustments in their exam up until 24 hours prior to the start of the exam. Adjustments will not be possible within 24 hours of an individual exam, and the participant is responsible for 100% of the purchase price initially paid when booking or the worth of the voucher they used if it was booked with a voucher.

For organisational reasons, Brightest GmbH reserves the right (for example in case the minimum number of participants of 6 is not reached or due to hindrances outside of its control) to cancel group exam. In exceptional cases (for example, should the exam proctor be ill or in case of force majeure), the cancellation can take place at short notice. In case of cancellation on the part of Brightest GmbH, participants will be able to rebook at another time as a group or take the exam individually at no extra costs (at a Test Center or Remotely Proctored). If the cancelation is done by Brightest GmbH, and the participants wish to no longer take the exam, they will also have the option to be refunded in full. Any legal claims which go beyond the above, in particular to the reimbursement of the costs due to loss of work time, travel or hotel costs, shall not exist.

Deviations during performance

Brightest GmbH reserves the right to carry out changes to the schedule, exam location, the proctor and minor alterations to the delivery for important reasons. Exam content is set by the boards that are also responsible for the creation and content of the syllabus. Your feedback about our organisational performance as well as the content of our exams is important to us. If you have anything you would like us to know please never hesitate to let us know via info@brightest.org.

Fees

All fees stated for exams are per person and are subject to the respectively applicable statutory value-added tax. The current prices at the time of registration apply. If you or your company is subject to withholding tax, our standard procedures are that we divide these costs evenly 50/50 amongst both parties.

For the registration of larger groups of participants Brightest GmbH offers framework contracts which can include a bulk discount. These separate agreements require written form and cannot be combined with other offers of the Brightest GmbH. Get in contact with us to see if you or your company is eligible.

Due dates

The participants’ fee for taking an exam is due at the time of booking for individual exams without deduction. For group exams, invoices will be written immediately after the exam takes place and will be due within a month of issuing.

The first warning following the client entering payment default is free of charge. For each subsequent warning, a EUR 5.00 warning and processing fee and default interest to the statutory amount will be charged.

Liability

To the extent that is legally permitted, Brightest GmbH rejects any liability for itself or its employees, except in case of intent or gross negligence. In particular, losses which are incurred due to computer viruses are also excluded.

The participant who is responsible shall incur liability for damage to software, hardware or equipment.

Copyright and other rights

All rights in relation to the materials, documents, software, hardware, etc. provided or used during the course remain with Brightest GmbH in full. In particular, the right of reproduction and duplication of any examination documents or questions in full or in part is reserved by Brightest GmbH. No papers, incl. scratch notes generated during the course of the exam, will be permitted to leave the exam room. Those caught trying to copy exam questions will immediately fail the exam and legal action will be taken. Absolutely no parts of the examination documents or the software used in the the process associated with the exam, may be duplicated, distributed or publicly reproduced in any form without the written permission of Brightest GmbH.

Applicable law and place of jurisdiction

Berlin shall be deemed to be the place of jurisdiction for all disputes connected to the registration for or participation in courses of Brightest GmbH. The law of the Federal Republic of Germany shall apply.

Web Analysis Services

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.

In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.

Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser Addon or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics within this website in the future (the opt-out applies only for the browser in which you set it and within this domain). – See more at: http://rechtsanwalt-schwenke.de/google-analytics-rechtssicher-nutzen-anleitung-fuer-webmaster/#sthash.jLLgpAZg.dpuf. An opt-out cookie will be stored on your device, which means that you’ll have to click this link again, if you delete your cookies.

Privacy Policy and Data Protection

The Brightest GmbH adheres to the privacy policies and data protection regulations of Germany. Your data will not be given or sold to anyone who is not directly involved with the examination delivery processes. Information in regards to candidates scored on the exams will not be made public or given to any training provider partners without written consent of the given candidates. The same goes for successful candidates who wish to be listed on the given alumni lists.

At any time, you have the right to know any information which is stored by the Brightest GmbH in relation to your personal data, its origin, recipients and the purpose of data processing. You also have the right to correct, block or delete this data. For further information on the subject of personal data, please do not hesitate to contact us at any time.

Cookies

The internet pages partly use so-called “cookies”. Cookies do not damage your computer and contain no viruses. Cookies serve to make our offer more user-friendly, effective and safer. Cookies are small text files which are stored on your computer and which your browser saves. Most of the cookies we use are so called "session cookies". They will be deleted automatically after the end of your visit. Other cookies remain on your device until you delete them. These cookies allow us to recognise your browser on the next visit. You can set your browser so that you are informed about the setting of cookies and allows cookies only in individual cases, excludes the acceptance of cookies for specific cases or in general, and activates the automatic deletion of cookies when the browser is closed. The functionality of this website may be restricted when cookies are deactivated.

If the opportunity for the input of personal or business data (e-mail addresses, names, addresses) exists within the Internet offer, this data is given by the user on an expressly voluntary basis.

Brightest GmbH stores the data transmitted to it for use for the purpose underlying the transmission as well as, with your express consent, for the transmission of information and newsletters via our own offers of Brightest GmbH. Data will not be passed on to third parties. The personal data will only be passed on to third parties within the framework of a written or electronic consent previously expressly provided, including the following information: company name, position, name, telephone number and e-mail address. The use of the data for the transmission of information and newsletters via our own offers of Brightest GmbH can be contradicted at any time.

Code of Conduct

All employees, proctors and exam participants who are involved with the organisation, administration or taking of exams held by Brightest GmbH must abide by the following Code of Conduct. Organizers will enforce this code if there is an breach surrounding one of their exams.

Brightest GmbH is dedicated to provide a harassment-free and inclusive events experience for everyone. Therefore we do not tolerate harassment of participants in any way, e.g. offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion, technology choices, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks and other events, inappropriate physical contact, and unwelcome sexual attention.

Anyone asked to stop any harassing behaviour is expected to follow the warning immediately and refrain from any further misconduct. If a participant engages in harassing behaviour, the exams’ organisers may take any action they deem appropriate, including a warning of the offender or his/her expulsion from the event with no refund.

Any communication and material issued by anyone in association with the exams is also subject to this code of conduct. Employees and exam proctors (including volunteers) should not wear sexualised clothing/uniforms/costumes, or otherwise create a sexualised environment. If you are unsure if the outfit is appropriate, please contact us at: info@brightest.org.

If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact a member of the Brightest GmbH immediately.

We expect cooperation from everyone involved in the examination procedures to ensure a safe environment for everybody. This code extends to events that are organised in association with the Brightest GmbH