The following policy sets forth the financial terms and conditions relating to any transaction(s) with NWSA.
- Agreement to Terms and Conditions. By applying or registering to take an examination, pursing certification, purchasing a product or service, agreeing to serve in any authorized role associated with NWSA’s personnel certification programs, and/or otherwise consenting to these Financial Terms and Conditions, you agree to accept full responsibility to pay any and all invoices, fees, associated costs and other monies assessed, due and owing as a result.
- Billing and Payments. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change services, products, and pricing at any time. We also reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- Accuracy of Information. You understand that you are responsible for reviewing your invoices and similar billing communications for accuracy, and further understand that failure to review an invoice or bill does not constitute a valid reason for not paying monies due on time.
- Billing Errors. You understand that administrative, clerical, or technical billing errors do not absolve you of your financial responsibility to pay the correct amount of any fees and other associated costs or monies assessed.
- Disputes. You agree that, if you fail to dispute a bill, invoice, or charge in writing within thirty (30) days of receipt, the said bill, invoice, or charge provided by NWSA may, at NWSA’s election, serve as the basis of a claim and is hereby agreed to be correctly stated and properly due and owing.
- Refund Policy. No refunds will be given.
- Holds on Scores and Certifications, Suspensions. If you fail to pay monies due and owing by the due date, NWSA may place a hold on your account(s). Among other things, NWSA may hold scores and certifications, prevent you from registering for additional exams or otherwise participating in the program, withhold further services or products, and/or suspend or revoke any authorizations or approvals, until your financial obligations have been fully satisfied.
- Late Fees and Collection Fees. If you fail to pay an invoice or bill or monies due and owing to NWSA by the due date, NWSA will assess interest at the rate of 18% per annum; provided, however, that if that rate exceeds the maximum lawful rate under applicable law, then the rate of interest shall be limited to the maximum lawful rate. Furthermore, to the extent permitted by applicable law, you agree to pay a late fee in an amount not to exceed $50 or 5% of the payment, whichever is greater, on any payment that is made more than ten (10) days after the scheduled due date. In addition, if you fail to pay an invoice or bill or monies due and owing to NWSA by the scheduled due date, and you fail to make acceptable payment arrangements to bring your account current, NWSA may refer your delinquent account for collection, in which event you will be responsible for paying a collection fee equal to 25% or the maximum lawful collection fee under applicable law, whichever is greater, together with all costs and expenses, including reasonable attorney’s fees, as necessary or appropriate for the collection of your delinquent account. In addition, your delinquent account may be reported to one or more of the national credit bureaus.
- Disclaimer of Warranties. You agree that goods and services provided by NWSA are provided on an “as is” basis, without warranty of any kind, either express or implied, including, without limitation, warranties that the services or products are free of defects, merchantable, fit for a particular purpose, will accomplish the intended results, or will not interfere with privately-owned rights of others. This disclaimer of warranties constitutes an essential part of any goods and services provided, and no transactions are authorized except under this disclaimer.
- Limitation of Liability. Neither NWSA nor its directors, officers, employees, or authorized agents shall be liable for any lost profits, special, consequential, incidental, or punitive damages attributed to any goods or services provided by NWSA, or to any other transactions or dealings with NWSA. In no event shall NWSA be liable to you for any lost profits, special, consequential, incidental or punitive damages, even if informed of the possibility of such damages. You hereby expressly waive any right to the foregoing damages in connection with this agreement and the transactions contemplated hereby. The foregoing limitations shall be interpreted and have effect to the maximum extent permitted by applicable law, rule, or regulation.
- Indemnification. You agree to indemnify, defend and hold harmless NWSA, its directors, officers, employees and authorized agents, from and against any and all obligations, demands, claims, and liabilities (collectively, “Claims”) claimed or asserted by any person in connection with the transactions contemplated hereby, including in particular any Claims that any person was in any way injured as a result of or following from your certification obtained through NWSA, except for Claims and/or losses directly caused by our gross negligence or willful misconduct.
- Governing Law. You understand and agree that this agreement shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Virginia (without regard to any conflict of laws provisions). Subject to the dispute resolution provision below, you consent to the jurisdiction of any state or federal court located in Virginia, and to such in personam jurisdiction, waiving any claim or defense that such forum is not convenient or proper.
- Dispute Resolution. You agree to attempt to resolve any dispute, claim or controversy arising under, out of, or in connection with this agreement, or your participation in NWSA’s personnel certification programs or any other transaction(s) with NWSA (a “Dispute”), amicably.
- Entire Agreement. This agreement supersedes all prior understandings, representations, negotiations, and correspondence between you and NWSA, and you agree that it constitutes the entire agreement, with respect to any financial terms and conditions relating to your participation in NWSA’s personnel certification programs or other transaction(s) with NWSA. This agreement shall not be modified or affected by any course of dealing or course of performance.
- Amendments. You agree that NWSA may amend the foregoing Financial Terms and Conditions at any time by reasonable notice, including without limitation by posting revised terms on its website, which amended terms and conditions shall be binding upon you.