4.1. 90 days from the publication of this policy, where CITB believes that a purchaser of the Test is a Third Party Reseller and that evidence available to CITB indicates that they are in breach of this criteria, CITB will contact the Third Party Reseller, bringing the Criteria and available evidence to its attention and specify what actions need to be taken by the Third Party Reseller (and in what time period). CITB will also make it clear if the specified actions are not completed then CITB will stop/not sell the Test to the Third Party Reseller on and from a specified date.
4.2. CITB also reserves the right for test results to be voided should the information provided by the Third Party Reseller not be enough to identify the candidate for the means of card production:
- Full name (Forename and Surname)
- Date of Birth
- National Insurance number
- Candidates home address, including post code.
4.3. Nothing in paragraph 4.1 or otherwise in this policy shall prevent or restrict CITB from requiring a Third Party Reseller from immediately ceasing to use CITB’s intellectual property rights and CITB reserves the right to commence immediate legal action for any breach of its rights in this regard.
4.4. Should the Third Party Reseller wish to appeal against the decision made by CITB it must write to Product Manager, Testing Services, CITB, Sand Martin House, Bittern Way, Fletton Quays, Peterborough, PE2 8TY. within 30 days of the date on which CITB stops/refuses to sell the Test. Such appeal must provide details of why the Third Party Reseller believes that is activities did not fall within paragraph 3 and/or why it has changed its activities so that they do not now do so.
4.5. CITB will consider the Third Party Resellers appeal within 28 days of receipt. CITB will then write to the Third Party Reseller informing it of its decision and include details of how the Third Party Reseller can appeal the decision.
Schedule 1
1. Mis-representation of association with CITB, or Pearson VUE
Examples
1.1 Referring to themselves as CITB/ Contracted supplier of the test.
1.2 Using the first person “our” in connection with CITB products or services
1.3 Referring to themselves as approved or official in connection with CITB products or services, should they not hold a current Centre Approval Contract with CITB.
2. Unclear pricing
Examples
2.1 Not stating the current price of the Test
2.2 Not stating the price of the card requested
2.3 Not stating the price for the additional services being provided
3. Incorrect terminology used in relation to the Tests
Examples
3.1 Describing the Test as “CSCS test” or similar
4. Any breach of CITB intellectual property rights
Examples
4.1 Use of any CITB logo or trademark
4.2 Unauthorised use of any CITB copyright material
5. Receipt of complaints by end consumers about the service provided by the Third Party Resellers
Examples
5.1 Unsatisfied customer complaints
5.2 Lack of complaints process
5.3 Failing to provide reasonable service
5.4 Failing to provide justified refunds
6. Providing incorrect or misleading information
Examples
6.1 False pass rate
6.2 Incorrect scheme requirements
6.3 Incorrect information about the testing process and structure
7. Misrepresenting themselves as the individual (in any circumstance)
Examples
7.1 Misleading CITB or its suppliers that they are dealing with the individual
7.2 Providing generalised individual information to CITB/its supplier about the candidate.