PROTEC INSTRUCTOR LICENSE TERMS & CONDITIONS

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1 PROTEC INSTRUCTOR LICENSE TERMS & CONDITIONS 1 Subject of the contract The subject of this file is to register and license the contractual partner as ProTec Instructor (Instructor or Instructor Trainer according to certification and qualification) authorizing the contractual partner to hold Professional Technical Diving courses, to train and to examine diving students. For online handling the contractual partner is identified by his own ProTec# & ID and password (login credentials). Each contractual partner has to take care of this login credentials and must not pass it to others. Every action, verified by the contractual partner s login credentials is treated as the contractual partner did it in person. By processing or ordering ProTec registrations or certifications the contractual partner also agree to this terms & conditions without restriction of any kind. ProTec Headquarters contact details: General is contact@protecdive.com Official public web sites at (subdomain).protecdive.com 2 Performance of the Instructor Hereby the contractual partner formally d clares that he/she follows the standards of due diligence and prepares himself/herself accordingly for holding ProTec courses obeying our high quality standards. ProTec student's standard of knowledge and qualifications subject to course regulations need to be tested before issuing the membership card/certificate. The original and up-to-date ProTec documents must be used and provided to every student. The ProTec Instructor has to represent ProTec and ProTec- programs to his/her best knowledge. The ProTec Instructor is obligate to be informed about up-to-date standards of instruction and ProTec in general. The ProTec Instructor is obligate to stay in contact with the ProTec-headquarters and to provide the ProTec-headquarters with his/her effective address, incl Personal responsibility of the Instructor The contractual partner must declare to hold diving courses as ProTec Instructor according to specified ProTec standards, made for general international use. If ProTec standards should violate local legal or official regulations, those local standards violated replace the corresponding ProTec standards which then have to be modified according to local legal or official regulations and changes must be reported to ProTec HQ. For the sake of the instructed divers, in individual cases, especially in dangerous situations, the final decision making while preventing danger and considering local and other official standards and regulations lies with the Instructor himself/herself. In case of extreme diving, the Instructor is obliged to intervene should a dangerous situation occur, even if he only monitors experienced divers. As a gentlemen agreement for good business practice, the contractual partner as a Pro- Tec professional is strictly advised not to denigrate competitors. ProTec Version: Page 1 of 5

2 4 Safety Every ProTec Instructor must be personal liability insured according to his area of activity. The diving students should be informed in detail about the prevailing solo diving situations in the practical exercises by all extreme diving courses (extended range, Trimix, Wreck2, Cave2, or higher levels). Due to the extreme situation the Instructor works, at deep dives, just as an observer and companion for advanced divers and not as diver trainer or rescue diver. Diving, especially technical diving, is considered an extreme sport at own risk. ProTec accepts no responsibility for accidents occurring from it. In order to exercise diving, a locally valid medical valuation of capability is required. 5 Rights ProTec hereby declares, and the contractual partner hereby accepts, that the brand names, trademarks, logos and other industrial property rights affected by this contract, have been duly registered. The contractual partner accepts that only the registered owner of the Community Trademark No ProTec, registered in classes 9, 16 and 41 of the Nice Classification is entitled to the rights of the logo and name ProTec. The contractual partner undertakes not to register any trade mark, brand name or logo identical or similar to those of ProTec. The contractual partner undertakes to inform ProTec immediately of any perceived violation or undue use of industrial property rights by third parties, in order that ProTec may pursue the appropriate legal proceedings. The contractual partner shall be entitled to use the trademark and logo ProTec exclusively in the exercise of the activities as ProTec Instructor/Trainer/Dive Centre Owner and during the term of this contract. The contractual partner shall not modify or alter under any circumstance in any way the logo as it is registered. The contractual partner may not grant rights of this contract to third parties. 6 Certifications All certifications are to be treated each time through the responsible ProTec Headquarters. The contractual partner is obliged to meet the ProTec standards and business conditions. He must stay informed about changes and keep constant contact to ProTec Demand and use of original ProTec material, if accessible through ProTec, is an obligation. ProTec certifications show that the degree holder has met the ProTec standards for diving and has acquired proper skills. Due to different regional or national laws or association rules, ProTec could not guarantee that Pro- Tec certifications are accepted worldwide without reservation. 7 Contract duration and cancellation The current version of this contract on the ProTec members web site is always the applicable one for registration and certification and membership renewal. This agreement is valid for an yearly period from 1 st January till 31 st December and will be automatically renewed for another year if not terminated with 90 days notice at the latest on 30 th September. Termination is only valid in written form and with return of all ProTec Instructor/Trainer (professional levels) cards. s can only be regarded as valid with a confirmation letter from ProTec. In case the Instructor acts against the rules, ProTec reserves the right of exclusion and termination of membership. No refund will be made after termination of contract. The annual fee/license fee is to be paid in advance without request according to the up-to-date terms and conditions and pricelist. Regardless a termination of membership any open account will remain effective and if ProTec have to enforce a claim by legal action, the debtor will be charged for the expenses. ProTec Version: Page 2 of 5

3 8 Additional clauses Verbal additional agreements are invalid. Changes of the contract need to be in written form. If a clause of this contract should be invalid, the contract itself stays valid for the rest. The contractual partner confirms to have received ProTec standards and terms and conditions of business in written form. The contractual partner confirms compliance of the above mentioned conditions for the Pro- Tec Instructor. ProTec Headquarters, 30 rd November I confirm with my signature to have received ProTec standards and terms and conditions of business in written form and I confirm with my signature compliance of the above mentioned conditions for the ProTec Instructor: Name and Surname of the contractual partner: Birth Date: Address: Date & Signature: Please print, fill in, scan with high quality and upload or to HQ.using contact@protecdive.com This contract as a online version - must be accepted by manual click after security login by the the registered member for every membership renewal, profile update, status change and student certrification as well as for own certification (upgrade). ProTec Version: Page 3 of 5

4 APPENDIX ProTec Internet/Online Members Area Privacy Policy Last updated: ProTec ("us", "we", or "our") operates protecmember.net (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy. Information Collection And Use While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information"). Log Data Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this. Communications We may use your Personal Information to contact you with newsletters, service-related notices (including any notices required by law, in lieu of communication by postal mail). If you don t want to receive these messages, you can opt out by following the instructions in the message. If you correspond with us by , we may retain the content of your messages, your address and our responses. ProTec Version: Page 4 of 5

5 APPENDIX Cookies Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site. Security The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Changes To This Privacy Policy This Privacy Policy is effective as of the update date on top of this page and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the address you have provided us, or by placing a prominent notice on our website. Contact Us If you have any questions about this Privacy Policy, please contact us contact@protecdive.com ProTec Version: Page 5 of 5