TERMS AND CONDITIONS
- 1. Altered or Forged Academic Credentials
An evaluation will not be prepared and fees will not be refunded in the event ACEI determines, in its sole but reasonable discretion, that the educational credentials submitted for evaluation have in any way been altered, tampered, modified or forged, whether by the applicant or any other third party (collectively “Forged Credentials”). All documents (photocopies/originals/official) provided become the property of ACEI. The institution, agency, or professional licensing board for which the evaluation is intended, U.S. government agencies, and other evaluation services will be notified in the vent ACEI believes the credentials submitted for evaluation are Forged Credentials.
2. Equivalency Recommendations & Guarantees
The U.S. educational equivalencies recommended in ACEI evaluation reports are in accordance with established guidelines and represent the considered judgments of qualified evaluators. Applicant acknowledges having been informed that ACEI evaluation reports are advisory only and that ACEI’s recommended U.S. educational equivalencies may differ or otherwise vary from advisories rendered or prepared by other third party academic evaluators or source institutions. ACEI evaluations and/or recommendations are not binding on any institution, agency or third party. Additionally, applicant acknowledges having been informed and agrees that (1) although ACEI shall use reasonable efforts to determine the validity of such information it receives, ACEI does not and cannot guarantee against submitting its report or evaluation and/or recommendations based on review of Forged Credentials or other fraudulently altered items (whether the same has been sent directly to ACEI by the source institution or directly by the Applicant) and (2) ACEI shall have no liability, duty, or obligation to applicant, Applicant Parties (defined below under Terms and Conditions Section 12) or any source institution in the event ACEI submits a report or evaluation based on its review of any information or record that is ultimately deemed to be a Forged Credential despite ACEI’s reasonable determination that the same was not Forged Credential at the time of initial submission or review. Without limiting any of the foregoing, ACEI does not guarantee that an applicant, agency, or any third party will agree with its educational equivalency recommendations and assumes no responsibility for judgments or opinions made by an applicant, agency, or by any third party which disagrees with its educational equivalency recommendations. In the event or any disputes between the applicant and ACEI, such disputes shall resolved by Mediation (as more particularly described below under Terms and Conditions Section 12) and governed by California law and shall be subject to exclusive the jurisdiction of the Los Angeles County Courts without reference to.
3. Evaluation Results
ACEI will not release the results of an evaluation on the telephone, email, or by facsimile (FAX) to the applicant. As indicated in http://www.acei-global.org/pricing_ae.html,the fee for the evaluation covers one official report and one duplicate unofficial copy. If you do not authorize the release of the official report to an institution, agency or third party, ACEI will send you the official report in a sealed envelope which should be opened by the institution, agency or third party for which the evaluation is intended.
4. Evaluation Review
After the evaluation has been completed, any questions regarding the evaluation report, based on the documents provided to ACEI with the initial application, must be submitted in writing to ACEI within the first two (2) months of the completion date (“Grace Period”). Requests for review of the evaluation or questions concerning the evaluation submitted after expiration of the “Grace Period” shall be subject to a $50.00 review fee.
If an applicant fails to provide all required documentation with the application within two (2) months of the date the application was received, Applicant acknowledges and agrees that the application shall automatically be deemed as inactive. A $50.00 re-activation fee is required to process an inactivate file.
Re-evaluations of credentials not submitted with the original application request are treated as new evaluations and full payment with a new application for the evaluation report is required. Requests to change a Report type (e.g. Basic Report to a Comprehensive Report or vice-versa), once an evaluation has been completed, requires the full evaluation fee for the new type of Report.
Do not submit an application with insufficient documentation, as fees are non-refundable once an application for credential evaluation has been submitted to ACEI. A refund will be made only when an applicant has paid to ACEI more than the required cost of the evaluation. No refund will be issued when application is cancelled. (See Terms and Conditions #Section11)
8. Insufficient Documentation
ACEI will contact the applicant or agent representing the applicant if additional information, documents, or fees are needed, as determined by ACEI. Subject to the terms and conditions set forth under Section 5 above (Reactivation). The application will be kept in pending status until all documentation and fees have been received.
9. Verification of Educational Credentials
ACEI, in its sole and absolute discretion, may elect to inquire about, clarify, and/or verify any and all educational documents submitted for evaluation to ACEI with the issuing institution(s).
10. Evaluation Expiration
The evaluation report and any documents submitted with an application are kept at the ACEI archive for a period of three (3) years from the date it was completed. Requests for extra official reports of an evaluation that are more the three (3) years old shall be subject to a new application and submission of credentials and fees for a new evaluation.
No refunds shall be made when an application is cancelled after the application form for evaluation has been submitted and a case file has been opened.
Applicant, on behalf of itself and its representatives, affiliates, and agents (“Applicant Parties”) hereby agree to mediate any dispute or claim arising between ACEI and Applicant and/or Applicant Parties them out of this Agreement before resorting to any arbitration or other legal action. Mediation is a process by which parties attempt to resolve a dispute or claim by submitting it to an impartial, neutral mediator, who is authorized to facilitate the resolution of the dispute, but who is not empowered to impose a settlement on the parties. The parties agree to employ ADR Dispute Resolution Services in Los Angeles, California, or if an acceptable panel member from that organization is not available within 30 days of the date of submission of this matter to mediation, then to another commercial mediator or mediation service mutually elected and mutually agreed to by Applicant and ACEI (“ADR Services”). Mediation fees, if any, shall be divided equally among all of the parties involved and shall be paid to the mediator prior to the commencement of the mediation. Evidence of anything said, any admission made, and any documents prepared in the course of the mediation, shall not be admissible in evidence, or subject to discovery in any arbitration or court action, pursuant to California Evidence Code Section 1152.5. If any party commences any litigation or court action based on a dispute or claim to which this Section 12 applies without first attempting to resolve the matter through mediation, then if such party prevails in the litigation or court action, the trial court shall have the authority to allow such party to recover its attorneys’ fees or costs of suit.
13. Attorneys’ Fees
In any mediation, litigation, or other legal proceeding which may arise between Applicant, ACEI and any third party that becomes a party to the subject matter set forth under the application, the prevailing party shall be entitled to recover its costs, including costs and actual attorney’ fees in addition to any other relief to which such party may be entitled.
Applicant, on behalf of himself or herself and on behalf of Applicant Parties, acknowledges and agrees that ACEI has not and does not make any guaranty or warranty to Applicant that it can fully safeguard against reviewing fraudulently tampered, altered, forged, or modified documents although ACEI shall use reasonable efforts to prevent doing so. No express or implied guarantees are made by ACEI with respect to its ability to, at all times, accurately identify forged, fraudulent, tampered, or altered credentials, transcripts or other items submitted to it for review.
Except for instances of the sole, and gross negligence and intentionally reckless misconduct of ACEI, the Applicant, for himself or herself and on behalf of Applicant Parties, releases and forever discharges ACEI and its respective officers, directors, shareholders, members, managers, partners, agents, affiliates, successors, and assigns (collectively, “ACEI Parties”) from, and waives any right to proceed against ACEI or ACEI Parties for, any and all costs, fees, obligations, damages, expenses, claims, liabilities and demands (including attorneys’ fees and costs) at law or in equity, whether known or unknown, seen or unforeseen, arising out of or relating to, whether directly or indirectly, (i) this Application; (ii) ACEI’s review of any information, credentials, transcripts or other documents whether provided by Applicant or the sourcing institution; (iii) any evaluation report or recommendation made by ACEI; and (iv) any review, finding or recommendation made by ACEI based on its review of forged, fraudulent, tampered, altered or other forged information it received and reviewed Without limiting the foregoing, Applicant waives the provisions of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.