This agreement is made online will be deemed to be executed on the date of approval of this application between:
GLISTERQUALITY CERTIFICATION LLPa Entity registered under the Indian LLP Act, 2008 having registered office at B2 1001 TridevDhamSamneghatVranasi Uttar Pradesh -221005 (India) hereinafter referred to as‘CERTIFICATION BODY’ whichexpression shall, unless it be repugnant to the subject or context thereof, include its successors and assigns of the first part;
AND
And the Entity Whose Name and address and other particulars are mention in application form Hereinafterreferred to as ‘Client’ which expression shall, unless it is repugnant to the subject or context thereof, include its successors andassigns of the other part.
Whereas this agreement is made to arrange and observe all the necessary rights and duties to each of them in performing
Certification audit applied by Client.
CERTIFICATION BODY is in to the activity of Certification & Auditing Services as defined in Agreement for Certification Services(s)(ACS).
Certification services are provided subject to standard-specific accredited certification rules, attached hereto and to the followinggeneral terms and conditions to be followed before and after certification. The purpose of the contract is to arrange and observe allthe necessary rights and duties to each of them in performing certification audit applied by Client. This agreement is valid till theexpiry of the certification issued i.e. normally 3 (three) years. Now, therefore the parties have entered into this Agreement, as perthe terms and conditions set forth.
Clause Subject
Terms & Conditions
1 General requirement
1.1 Certification Audit of Client’s management system shall be performed on the basis of the requirements of applicable
Standards.
1.2 The audit program shall include a two-stage initial audit, surveillance audits in the first and second years, and aRecertification audit in the third year prior to expiration of certificate.
1.3 Client shall maintain documented system as required by the standard for which certification is required and allNecessary arrangements for the conduct of the audits, including provision for examining documentation and access to allProcesses and areas, records and personnel for the purpose of initial certification, surveillance, recertification andResolution of complaints.
1.4 A documented report is provided after each audit
1.5 An audit plan is established for each audit in contract with the Client.
1.6 Client shall make provisions, where applicable, to accommodate the presence of observers (e.g. accreditation auditors ortrainee auditors).
1.7 Client shall comply with certification requirements
2 Public Notices
CERTIFICATION BODY maintains a list of its Certified Organizations. The information in the list is available to the public on its websitei.e. www.isoindia.org. Updates to the list will be performed on monthly basis
3 Responsibility of CERTIFICATION BODY
This agreement shall become a contract between the Organization and upon its acceptance, in CERTIFICATION BODY the space below by CERTIFICATION BODY and the Organizations' authorized representative. This agreement, upon such acceptance, is mutually agreed toContain all and the only agreements between CERTIFICATION BODY and the Organization, and that no representative or representativeFrom either party has made any statements, representations or arguments, verbal or written, which contradicts or adds toThis agreement.
Clause Subject
Terms & Conditions
CERTIFICATION BODY reserves the right to make revisions to the contract and to issue a new agreement, which will become a contractBetween the Organization and CERTIFICATION BODY when accepted by both parties. Except as otherwise provided herein, both CERTIFICATION BODY andthe Organization may terminate this agreement without cause upon written notice of such termination within thirty daysprior to the date of such termination with the exception that accrued fees shall be payable in accordance with the termsContained herein. As a party to this agreement, CERTIFICATION BODY is responsible for conducting the assessments and providingCertification in accordance with the current issue of CERTIFICATION BODY Quality Management Systems Certification SchemeRegulations to ISO series of standards which forms an integral part of this Agreement. CERTIFICATION BODY as an accreditedCertification body does not provide any consultancy or internal audit services or assistance in the implementation ofDocumented quality system to any organization preparatory to its assessment for certification. CERTIFICATION BODY will keep theOrganization updated on changing certification requirements, Certification process, surveillance, re-certification andResolution of complaints, if any.
4 Responsibility of Organization
As a part to this agreement, the ‘Client’ agrees to provide CERTIFICATION BODY with all documents, information and facilities at sites asrequired, to enable CERTIFICATION BODY to provide its services under this Agreement and sites will be audited as per the sample planprepared by CERTIFICATION BODY. And that the ‘Client’ shall clarify all safety norms & shall ensure the safety for the Auditor/LeadAuditor/Technical Expert or any other person (including but not limited to Representative or accreditation)
Accompanying with the Auditor.
5 Financial Terms
5.1 Invoices / Performa Invoices for services rendered in accordance with certification services agreement upon the basis ofthe Application Form for Registration duly signed by the Organization & shall be submitted to the organization.
Charges and fees shall be based on CERTIFICATION BODY's Schedule of Fees identified in ACS(s) effective at the time when agreement isaccepted or as amended and agreed to by both parties.
Invoices shall be payable upon receipt
Sl. No. Particular of Charges In INR
1 Application fees
2 Registration charges
3 Stage 1 Audit Fee
4 Stage 2 Audit Fee
5 Travel & Conveyance
Total Fees (Initial)
6 1st Surveillance Audit Fee
7 2nd Surveillance Audit Fee
Total fees for 3 years
EXCLUSION:
(1) Service tax shall be charged at the current prevailing government rates
(2) All travelling, lodging and boarding expenses shall be borne by the client on actual basis; Comfortablearrangement by client is preferable.
5.2 Postponement of confirmed on-site audit dates may result in charges up to 50 percent of scheduled on-site assessment
plus all pre-paid expenses.
5.3 In the event an account is not paid or otherwise resolved within 30 days after the date of invoice, Thereafter, interest
will be become chargeable on the outstanding amount @ 18% per annum.
CERTIFICATION BODY may at its option:
• Refuse any further consideration of the agreement,
• Not issue a certification document or
• Terminate this agreement with reasons in writing
5.4 Fees and expenses incurred by CERTIFICATION BODY in connection with collecting past due accounts shall be the responsibility of theOrganization.
5.5 Certificate of Registration will only be issued upon successful assessment and when the outstanding invoices have beensettled
6 Special Visit
Fees for special Surveillance visits, as and when, required to be made to the Organizations premises, will be specifically
quoted and charged, separately.
7 Pre Certification Terms and Conditions
7.1 The Organization agrees to comply with relevant provisions of applicable ISO(9001/14001/22000/OHS 18001)
standard requirements, with the requirements for certification-granting, maintaining, reducing, extending, suspending,
withdrawing certification and recertification as specified in Certification Rules. If the organization has multiple sites the
agreement shall cover all the sites covered by the scope of the certification.
7.2 The accreditation body can select any accredited client for witness audit. The client shall permit for the witness audit
and allow the accreditation body assessor's to assess the competency of the CERTIFICATION BODY auditor. There shall be no additional
charges for witness audit and logistic expenses shall be borne by CERTIFICATION BODY.
7.3 Due to any circumstances whatsoever, CERTIFICATION BODY can visit the client any time and if this visit is not for the purpose of
Surveillance or follow-up audit, then fee based on the man-day, travel and lodging will be charged to the client.
7.4 When requested, Organization shall make available all documents including complaint and related matters to CERTIFICATION BODY.
7.5 CERTIFICATION BODY shall not be liable for any loss or damage due to any failure or delay in performance of this agreement resultingfrom any cause beyond our reasonable control, compliance with applicable regulations or directive of national, state orlocal governments is the responsibility of the client.
7.6 Client will agree to ensure that the auditors/ assessors are properly briefed about health, safety and other necessary
safety hazards that they may encounter during the audits. Client will be responsible for providing them with the
personnel protective / safety equipment during the audits.
7.7 Any statutes of limitations notwithstanding, the Organization agrees that its right to bring or assert against CERTIFICATION BODY any andall claims, demands, or proceedings, whether in arbitration or otherwise, shall be waived unless notice is received byCERTIFICATION BODY within thirty days after the Organization has taken notice of or should reasonably have been expected to have hadnotice of the basis for such claims; but it should be within ninety days of the service provided by CERTIFICATION BODY. Any arbitrationor legal proceedings shall be treated as time barred/null and void if notice is not received by CERTIFICATION BODY within 90 days of itsproviding service on the basis.
7.8 Travel expenses of Assessment staff will be charged at actual from our nearest office. Boarding and lodging expenses
shall be charged at actual where the assessment staff is required to travel overnight.
7.9 The Certification process shall be initiated after the acceptance of this agreement.
7.10 For the scopes not available with the certification body, the validity of certificate is contingent upon the organization
agreeing and meeting the requirements specified in Certification Rules as given in our website and this agreement. The
conformity with the requirements for certification is the responsibility of the organization. CERTIFICATION BODY shall issue a nonaccreditedcertificate. As per the terms mutually agreed a fresh accredited certificate may be issued as and when the
activity is accredited by Accreditation Body. In the event the client is issued a non-accredited certificate, CERTIFICATION BODY can
provide an accredited certificate only after doing a fresh audit as per the terms mutually agreed. In case any change of
rules or methodology is advised by the accreditation body, the same shall be applicable for certification body and theclient for maintaining the validity of Certificate.
7.11 After the acceptance of ACS, if the applicant wishes to cancel it, the advance or any other charges paid shall not be
refundable. Liability of certification body is limited to a maximum of amount equivalent to the fees paid by the client.
The offer given in ACS is valid for 60 days from the date of issuance.
7.12 This Agreement will be governed exclusively by the laws prevailing under the jurisdiction of Lucknow, UP courts only.In the event of any dispute the client/ organization and Certification Body agreed to submit exclusively to the
jurisdiction of the courts located at Lucknow, UP for resolution of any dispute arising out of or in connection with this
agreement.
7.13 Having read and understood the terms of this agreement both the parties have entered into this agreement.
7.14 The client shall agree allow and give access to Auditors and /or personnel from Accreditation Body to witness the auditcarried out CERTIFICATION BODY.
8 Post Certification Terms and Conditions
8.1 Certificates: Certificates of conformity issued by CERTIFICATION BODY shall be the property of CERTIFICATION BODY and that these shall be returned toCERTIFICATION BODY if and when the certificate is withdrawn.
8.2 Use of Logos and Marks: Right to use Logo is granted and the use of the logo is subject to restrictions. The use of logo/ marks does not imply that product / service is Marks certified. Logo and shall not be used during the period of
suspension / withdrawal of certificate.
8.3 Voluntary withdrawal: Client may request for suspension / withdrawal of certificate on temporary basis if they feel
that their existing system does not comply / conform to the requirements of the standard.
8.4 Suspension and withdrawal: CERTIFICATION BODY will impose the suspension based on the conditions defined in the certification ruleswhich is provided to the client. CERTIFICATION BODY will Suspend and / or Withdraw the certificate if the client fails to meet therequirements of the Standard or Criteria, fees and / or expenses incurred by CERTIFICATION BODY are not paid / cleared and also in theopinion of the auditor that the terms of business of CERTIFICATION BODY you are complying with, is not established. The reasons whichcaused suspension shall be complied within 6 months after this the suspended certificate will be withdrawn. Under thewithdrawal of certification the organization shall return the original certification and other related documents.
8.5 The client shall agree to inform CERTIFICATION BODY any changes with respect to Management System, Organizational change
including personnel, change of location or address and any additional or deletion of processes / activities.
8.6 Certification is granted and maintained based on the limited sampling audit and CERTIFICATION BODY shall not be responsible for theclient's failure to maintain the implemented documented system.
8.7 Complaints and appeals: You have the right to complain against assessment / findings on decisions taken by CERTIFICATION BODYauditor / independent auditor. The complaint shall be in writing and an independent investigation shall be carried outCERTIFICATION BODY and the findings of the complaint will be intimated to you. You will also have the right to appeal against anydecision taken. Any complaints received from third party will be forwarded to you. The actions taken by you on thesecomplaints shall be notified and communicated to CERTIFICATION BODY.
9 Fundamental Terms
9.1 The Organization hereby warrants and covenants with CERTIFICATION BODY that it will, at all times, during the subsistence of theAgreement comply with all CERTIFICATION BODY requirements necessary for the issuance of the Certificate of Registration including(but without prejudice to the generality thereof) all statutes, rules, regulations issued by any statutory or other competentauthority, all recommendations, codes and similar matters issued by any authority, pursuant to which in compliance ofwhich or for the purpose of which the Certificate of Registration is issued or such other reasonable requirements of CERTIFICATION BODY as are Necessary to enable the Certificate of Registration to be issued and maintained in force in conformity withCERTIFICATION BODY's Accredited Quality System Certification Scheme Regulations.
9.2 As a mandatory requirement for continued validity of an Accredited Certificate of Registration, issued by CERTIFICATION BODY, theOrganization, hereby, agrees to its certification or surveillance audit scheduled by CERTIFICATION BODY, to be witnessed by CERTIFICATION BODY'sAccreditation bodies who’s Auditors may accompany CERTIFICATION BODY audit team as and when required.
9.3 The Organization hereby warrants the completeness and accuracy of all documents and accuracy of all information
supplied to CERTIFICATION BODY for the purposes of this Agreement.
9.4 The organization shall ensure that the information provided to CERTIFICATION BODY by the organization, relevant to its managementsystem is kept updated and it shall promptly notify CERTIFICATION BODY of any intended change in its Management system whichwould significantly affect the effective implementation of its management system. Changes such as contact address andsites, legal status, scope of Certification, organizational structural changes needs to be communicated to the CERTIFICATION BODY. Alsothe organization is bound to inform CERTIFICATION BODY in without delay, of any significant events including, but not limited to fatalincidents, serious injuries, occupational disease or legal action by a regulatory authority and inform the OHS relatedfindings by any third party at surveillance or recertification audit.
9.5 CERTIFICATION BODY shall inform the client, in advance, of the information it intends to place in the public domain
9.6 All other information, except for information that is made publicly accessible by the client, will be considered
confidential by CERTIFICATION BODY
9.7 Except as required in this International Standard, is information about a particular client or individual disclosed to a
third party without the written consent of the client or individual concerned. Will not be disclosed by CERTIFICATION BODY.
9.8 CERTIFICATION BODY have a policy governing any mark that it authorizes certified clients to use. It shall be provided with the certificate.
9.10 Certified organization shall not apply marks to laboratory test, calibration or inspection reports such reports are deemedto be products in this context.
10 Significant Changes:
In the event of any significant change affecting the activity and operation of the organization, CERTIFICATION BODY may require to
conduct a reassessment for further validity of the certification.
10.1 Organization shall conform to the requirements of the CERTIFICATION BODY when making the references to its certification status incommunication with media through internet, brochures or advertising, or other documents
10.2 Organization shall not use or present the use of certification document in a misleading manner or make such statements.
10.3 Upon suspension and withdrawal of certification, the Organization shall discontinue its use of all advertising matter thatcontains reference to certification as directed by certification body.
10.4 Organization shall amend all advertising matter when the sector and scope of certification has been reduced
10.5 Organization shall not allow reference to its management system certification to be used in such a way, as to imply thatCERTIFICATION BODY has certified a product or services or process
10.6 Organization shall not imply that the certification applies to activities that are outside the sector and scope of
certification.
10.7 Organization shall not use its certification in such a manner that would bring the certification body and/for certificationsystem into disrepute or loose public trust.
10.8 CERTIFICATION BODY shall exercise proper control of ownership and shall take action to deal with incorrect references to certificationstatus or misleading use of certification document marks and audit reports. CERTIFICATION BODY actions include request for correctionand corrective action, suspension, withdrawal of certification, publication of the transgression and it necessary, legalaction.
10.9 CERTIFICATION BODY shall provide information of client’s, address standard and scope in public domain.
10.11 Only to claim that they are certified with respect to those activities for which it has been granted certification. In case ofTest & calibration laboratory management system certification is not equivalent to accreditation (as per ISO/ IEC
17025) of the testing or calibration laboratory and no such claim shall be made.
10.12 Not to use certification/ Accreditation logos in such manner as to bring CERTIFICATION BODY Accreditation Body into disrepute and notto make any misleading or unauthorized statement or incorrect references (such as claiming certification of locations/activities/ sites not covered in the scope) with respect to their certification. The customer shall ensure compliance tothese requirements while making reference to its registration or use of certification logo/ mark in communication mediasuch as Documents, brochures or advertising. The customer shall follow the logo rules which be supplied along with thecertificate, if issued.
10.13 To discontinue the use of all material containing any reference to their certification, if at any time the certification is
Suspended or cancelled.
10.14 Not to use certification/ accreditation logos to indicate that the product or service is certified by CERTIFICATION BODY.
10.15 CERTIFICATION BODY may at any time, refuse to issue a certificate or suspend or cancel such certificate in circumstances where, inCERTIFICATION BODY’s opinion, compliance with the specified standard/ specification (including not meeting the regulatoryrequirements) is not maintained on continuous basis or conditions of this contract are not met. In case of cancellation,the customer’s name shall be removed from the register of certified companies and such information may be availableto public.
11 Liabilities
11.1 Except, in the case of deliberate neglect on the part of CERTIFICATION BODY, its employees, servants or agents, CERTIFICATION BODY shall not be liablefor any loss or damage sustained by any person due to any act of omission or error whatsoever or howsoever causedduring the performance of its assessment, certification or other services.
11.2 In the case of neglect, as aforesaid, the limit of any loss, damage or otherwise CERTIFICATION BODY liability will be limited to anamount not exceeding the maximum fee (if any) charged by CERTIFICATION BODY for the particular service in respect of which theneglect arose. While the restrictions on liability herein contained are considered by the parties to be reasonable in all theCircumstances, if such restrictions taken together or any one of them shall be judged to be unlawful or unenforceablethen said restriction shall apply with such words deleted or amended or added.
11.3 The provision of this clause shall not apply to any death or personal injury but the Organization shall maintain at all
time adequate insurance sufficient to cover all liability that may arise as a result of any matter arising in pursuant to this
Agreement.
12 Force Majeure
CERTIFICATION BODY shall not be liable in any respect, should it be prevented from discharging such obligations as a result of anyMatter beyond its control which could not be reasonably foreseen
13 Confidentiality and fundamentals
13.1 Except as may be required by Law, CERTIFICATION BODY and the Organization will treat as strictly confidential and will not disclose toany third party without prior written consent of the other, any information which comes into their possession, thepossession of their employees, agents or others by virtue of this Agreement.
13.2 CERTIFICATION BODY shall, through legally enforceable agreements, follow policy to safeguard the confidentiality of the informationobtained or created during the performance of certification activities at all levels of its structure, including committeesand external bodies or individuals acting on our behalf.
13.3 CERTIFICATION BODY shall inform the Organization; of any information other then brief particulars of the organization about that CERTIFICATION BODYshall place them, as per then existing practice covering name, relevant nominative document, scope and geographicallocations in public domain. All other information, except for information that is made publically accessible by theOrganization, shall be considered confidential.
13.4 Except as required by the Accreditation Body information of the Organization or any individual shall not be disclosed toa third party without the written consent of the Organization or individual concerned.
13.5 Where CERTIFICATION BODY is required by law to release confidential information to a third party, Organization or individual concernedshall, unless regulated by law, be notified in advance of the information provided.
13.6 Information about the Organization from sources other than Organization i.e. complaints and regulators shall be treatedas confidential, consistent with the certification body’s policy.
13.7 Personnel, including any committee members, contractors, personnel of external bodies or individuals acting on the
CERTIFICATION BODY’s behalf, shall keep confidential all information obtained or created during the performance of the CERTIFICATION BODY’s
Activities.
13.8 CERTIFICATION BODY shall ensure the secure handling of all confidential information including documents and records held by it.
13.9 When any confidential information is to be made available to any external bodies’ i.e. accreditation body, agreement
Group of per assessment scheme, CERTIFICATION BODY shall keep the organization informed.
14 CERTIFICATION BODY shall provide detailed description of the initial and continuing certification activity, including the application,initial audits, surveillance audits, and the process for granting, maintaining, reducing, extending, suspending,
withdrawing certification and recertification and the normative requirements for certification; in its website
www.isoindia.org
15 CERTIFICATION BODY shall information about the fees for application, initial certification and continuing certification in its Quotation.
16 Client organization which is being audited shall
16.1 Comply with certification requirements, make all necessary arrangements for the conduct of the audits, including
provision for examining documentation and the access to all processes and areas, records and personnel for the purposes
of initial certification, surveillance, recertification and resolution of complaints, and to make provisions, where
applicable, to accommodate the presence of observers (e.g. accreditation auditors or trainee auditors);
16.2 CERTIFICATION BODY shall provide documents describing the rights and duties of certified clients, including requirements, when makingreference to its certification in communication of any kind in line with the requirements in 8.4 ISO
17021:2011(Reference to certification and use of marks)
16.3 CERTIFICATION BODY will make publicly available the information on procedures for handling complaints and appeals.
16.4 CERTIFICATION BODY will give its certified clients due notice of any changes to its requirements for certification and it will verify thateach certified client complies with the new requirements
16.5 CERTIFICATION BODY with legally enforceable arrangements to ensures that the certified client informs the certification body, withoutdelay, of matters that may affect the capability of the management system to continue to fulfil the requirements of thestandard used for certification. These include, for example, changes relating to the legal, commercial, organizational
status or ownership, organization and management (e.g. key managerial, decision-making or technical staff), contact
address and sites, scope of operations under the certified management system, and major changes to the management
system and processes
16.6 Allow the Accreditation Board Assessors with or without CERTIFICATION BODY Audit Team to verify the relevant documents andrecords maintained for particular Management System Certification, the information about the audit will be provided
well in advance.
17 Disputes
Any disputes or differences arising between the parties to this agreement, other than the payment of agreed fees and
expenses chargeable by CERTIFICATION BODY for its services shall be dealt with in accordance with the Appeals & Complaints
procedure incorporated in the CERTIFICATION BODY's Accredited Management Systems Certification Scheme Regulations and is
publically available in the web site. In case(s) of disputes(s) which may arise between the parties with respect to the
execution, interpretation and performance of this Agreement, both parties shall do their best to settle in an amicable
manner.
18 Certification Recommendation
18.1 In the event of major non conformities being, Follow Up Audit will be conducted and the organization need to submit aCorrective action plan within 2 weeks. The corrective actions being verified onsite and closed out through a Follow Up
Audit within 4 weeks of the assessment date, before certification is granted, or as decided by CEO, CERTIFICATION BODY.
Recommendation for certification is made subject to successful closure of Major Non conformity after the follow up
audit.
18.2 Where the audit has revealed only minor non conformities which need to be addressed through corrective actions, the
Certificationmay be recommended subject to the Corrective Action Plan being submitted by the company within 2
weeks together with objective evidences of the corrective actions taken. The corrective actions plan is required to be
closed out upon physical verification of the satisfactory implementation at the first subsequent surveillance audit.
18.3 In the case of where “opportunities for improvement having been recorded during the certification audit, the actions, asapplicable, are observed for effectiveness at the subsequent audit visit.
18.4 CERTIFICATION BODY may perform additional full audit, an additional limited audit, or documented evidence (to be confirmed duringfuture surveillance audits) to verify effective correction and corrective actions.
For and on behalf of the Certification Body
For and on behalf of the Client
