Certification terms and conditions

1. GENERAL

The “Certification Agreement” (CA) is a contractual document between the certifier and the certified organisation. The contract covers bilateral obligations and duties of Certification Partner Global FZ LLC (“We”) and of the company to be certified (“You”).
The agreement applies to the certification of your management system to the requirements of the management system standard(s).

2. THE CERTIFICATION BODY

2.1 Confidentiality and Impartiality
CPG will maintain complete confidentiality regarding all information with which it becomes acquainted as a result of contact with the company. CPG recognises the importance of impartiality in certification decisions and will take all necessary steps to ensure this is maintained throughout the certification process.

2.2 Certification and Surveillance
2.2.1 Certification Audits
The audit of the applicant’s Certification System is normally carried out in two stages; depending on which system is being applied.

The first stage (Initial Stage 1) includes a review of the organisation’s controlled documents to ensure compliance with the selected standard and confirms the competencies required for the Stage 2 audit team.It also ensures adequate processes are in place and that the company is ready for the Stage 2 audit. At least part of the Stage 1 audit will be carried out at client’s premises.

The Stage 2 audit is carried out at the applicant’s premises, evaluating the implementation, including effectiveness, of the client’s management system and confirms whether the organisation adheres to its own policies and procedures, and that the system meets the requirements of the standard.

The audit is intended to highlight to management and staff, opportunities to improve efficiency and eliminate waste. Improving efficiency and eliminating waste is at the heart of any management system.

The audit team compares ‘what you say you do’ ie your documented system, against ‘what you actually do’.

The auditor will be looking for objective evidence (records, documents, etc) to verify that the activities of the organization are in accordance with the documentation and the requirements of the relevant standard.

All records resulting from the implementation and operation of the Management System must be made available to the audit team for evaluation.

2.2.2 Surveillance Audits
Periodic on-site surveillance audits will be carried out to ensure that the system is not only being maintained, but is being reviewed and developed further to improve the efficiency of the business. These audits, generally at six or twelve monthly intervals and will always cover certain key elements crucial to the success of your business. These would include for example, examination of the changes to your activities, hazards and risks, objectives and targets, internal audits and corrective action. Your Customer or Consumer Complaints Register will also be examined to see how quickly and effectively you handle customer complaints.

Other aspects of the Management System will be covered, selectively, over the period of certification, dependent on their importance in terms of your business needs and at the discretion of the nominated Auditor. The intention is to provide you with feedback on how your system is performing.

CPG shall be granted the right of access for surveillance purposes whenever deemed necessary and shall reserve the right to make unannounced audits as required.

A professionally prepared report will provide you with feedback regarding the results of the audit.

2.3 Re-certification Audit
Every three years, after certification of your organisation (depending on the certification program or its certified system) you will be given another comprehensive on-site audit similar to that of the Initial Audit. The same effort will be applied to ensure the entire system is cohesive and continues to effectively comply with your selected certification standard.

2.4 Changes of Address/Extension of Registration
In order to extend the scope of your registration to cover additional products, processes or services, a new questionnaire will be required to be completed. The application procedure previously outlined will be followed and an audit (or additional product test – for product certification) will be carried out as necessary or on those areas not previously covered. The cost of extending the scope of registration will be based on the nature and program of work. Following a successful audit/testing, an amended Registration Schedule will be issued covering those aspects.

The original Certificate of Registration will be maintained for the remainder of the certification period (typically three years). In some instances it may be necessary to issue a new Certificate which will then be valid for a full three year period
Your certificate is issued to cover the place(s) where the audit was conducted and NOT for the place you are moving to. If you intend to change your address and wish to remain registered you must inform CPG in time so that we can determine what actions are necessary for you to maintain your registration.

2.5 Publicity by Certificate Holder
A Certificate Holder has the right to publish that the product, process or service has been successfully audited and registered. The relevant ‘Certification Mark’ may be applied to most stationery and promotional material relating to the scope of registration, as detailed in the Capability Schedule relating to the Certificate of Registration. CPG may provide additional specific guidelines as required on the use of Certification and Accreditation Logos current at the time of issuing a Certificate.

In every case, the registrant must ensure that in its publications and advertising, no misleading information or confusion arises between registered and non-registered products, processes and/or services.

The certified organisation shall not make any claim that could mislead purchasers to believe that a product, process or service is covered by registration when, in fact, it is not.

2.6 Changes by CPG
CPG shall give its certified clients due notice of any changes to its requirements for certification.
CPG shall verify that each certified client complies with the new requirements.

2.7 Complaints
CPG is grateful to anyone (including clients) who takes the time and trouble to express a complaint about any aspect of CPG activities. In so doing so you provide us with the opportunity to make an improvement. In the event of a complaint, it should be made in writing and addressed to View Contact Details.:
Chairman and CEO
CPG
PO Box 128686
Dubai UAE

The Chairman and CEO will, unless directly involved, try to resolve the complaint in a fair and just manner. All complaints shall be held in confidence. The complainant will receive a written statement of the complaint findings including the reasons for the decisions reached.

In the interests of continuing improvement and to comply with any changes in International Accreditation requirements, CPG reserves the right to add to, delete from, or change this code of practice without prior notification.

If a complainant is dissatisfied with the outcome of the CPG complaints handling process, the complainant may refer the complaint to JAS-ANZ.

All information is treated in a confidential manner. CPG will determine,together with the client and complainant, decide to what extent, the subject of the complaint and its resolution shall be made available to the public.

2.8 Appeals
An CPG Applicant or Registrant may appeal against any CPG audit or certification decision.

Notification of intent to appeal must be made in writing and received by the Chairman and CEO,  CPG –View Contact Details – within seven days of receipt of ;
a) Notification of Certificate suspension or withdrawal.
b) Receipt of audit report with adverse findings and /or recommendations.

An Appeals Form will be sent to the company for completion and must be returned to the Chairman and CEO, CPG within 14 days of receipt, supported by relevant facts and data for consideration during the Appeals Procedure.

The Chairman and CEO will, unless involved directly, try to resolve the appeal in a fair and just manner.

Unresolved appeals shall be put before the Appeals Panel, which is a sub-committee of the CPG Advisory Council.

All appeals shall be held in private.

The Chairman and CEO of CPG shall be required to submit evidence to support the decision to suspend or withdraw the certificate.

The decision of the sub-committee shall be final and binding on both the company and CPG providing such decision does not conflict with current Accreditation requirements/regulations.

The appellant will receive a written statement of the appeal findings including the reasons for the decision(s) reached.

In instances where the appeal has been successful and the Certificate reinstated, no claim can be made against CPG for reimbursement of costs or any losses incurred as a result of the initial withdrawal notification.

In the event that the appeal was unsuccessful a further appeal path is available through the accreditation body (eg JAS-ANZ or other) involved in the certificate concerned.

3 THE CLIENT

3.1 General
You undertake to comply with all relevant provisions or requirements of the management system certification agreement.

3.2 General Conditions for Registration
3.2.1 Responsibility of applicant to make information available
The applicant shall make available to the audit team all information (manual, procedures etc) required to establish the status of the management system. This includes but is not limited to all records of communication made with external interested parties such as government, customers, subcontractors etc. Complaints, claim and action taken by the organization whatsoever shall be made accessible to the audit team for review.

3.2.2 Actions in the event of observed deficiencies
If CPG is not satisfied that all the requirements for registration are in compliance, CPG shall inform the applicant of the observed deficiencies to enable corrective action(s) to take place.

When the applicant can show that effective corrective action has been implemented within a specified time limit, CPG will re-audit only those relevant part(s) of the management certification system under question to verify compliance. The re-audit will be at extra cost to the applicant.

Where the applicant cannot show that effective corrective action has occurred within the specified time limit it may be necessary for CPG to conduct a further full audit of the system. The re-audit will be at extra cost to the applicant.

3.2.3 Responsibilities in regard to certificate and capability schedule
Where the CPG audit has verified compliance of the management system or certification program at specific locations, a certificate and capability schedule will be issued by CPG defining the activities and locations so certified. The applicant shall not claim or otherwise imply that the certification applies to other locations or activities (or product in case of product certification) not covered by the issued certification.

3.3 Requirement to Inform CPG of Changes in Activities/Processes/Services
3.3.1 Responsibility for certificate holder to notify CPG of changes to management system
The Certificate Holder shall inform CPG without delay, of matters that may affect the capability of the management system to continue to fulfil the requirements of the standard used for certification. This includes but is not limited to
a) Any intended modification to its activities, products, services, process, aspect-impact, hazards and risks, issue of improvement notices, prohibition notices or prosecutions.
b) The legal, commercial, organizational status.
c) Changes in ownership
d) Organization and management (eg. Key managerial, decision-making or technical staff)
e) Scope of operations under the certified management system

CPG will then determine whether the notified changes require additional auditing.

Failure to notify CPG may result in suspension of the Certificate

3.3.2 Responsibility for certificate holder to notify CPG of significant OHS events
See Annexure B – Special conditons for OHS certification.

3.4 Changes to the Scope of Certification
You may request changes to the scope of your certification. This may include a change of address and/or extension of registration. The request is evaluated by us and, if deemed necessary, verified as appropriate in an audit.

A revised certificate will be issued, with a re-established three-year period of validity if the requirements for a re-certification audit are met, or maintaining the original period of validity for all other cases.

You shall return all superseded certificates.

3.5 Witness Audits
In context of maintaining our accreditation you hereby also declare your willingness to allow a possible witness audit (ie. participation of an accreditation body in a certification or surveillance audit) to be performed at your company.

3.6 Multisite Certification
You are obliged to fulfil all conditions for multisite certification if the multisite certification procedure is applied, and to notify us without delay of any changes to them.
Specifically such conditions are:

a) Where the CPG audit has verified compliance of the selected management system at specific locations, a certificate and capability schedule will be issued by CPG defining the activities and locations so certified. The applicant shall not claim or otherwise imply that the certification applies to other locations or activities not covered by the issued certification.

b) The products/services provided by the sites are substantially of the same kind and are produced fundamentally according to the same methods and procedures;

c) The central office has established a management system in accordance with the standard and the whole organisation meets the requirements of the standard, including consideration of relevant regulations.

d) All sites are subject to the same management system, which is administered under a centrally controlled plan and subject to central management review. All relevant sites (including the central function) are subject to your internal audit program and were audited in accordance with that program prior to the certification audit.

e) The above list is not exhaustive and we will inform you of particular details and requirements to be observed in order to maintain multisite status.

4. CONDITIONS FOR USE OF CERTIFICATION MARK, SYMBOLS AND THE CERTIFICATE

4.1 The Licence
On completion of the Certification process and the issue of certificate, International Standards Certifications (Global) FZ LLC (CPG) will grant to the Licensee a non-transferable License to use the Certification Mark in relation to the conduct of activities described in the Scope of Certification Schedule, for which certification has been granted. In addition a Certificate will be issued, which must be used under the following terms and conditions.

4.2 Licensee Obligations for use of Marks, Symbols and the Certificate.
The Licensee –
a) must ensure that the activities for which certification has been granted, comply with the requirements and rules of the CPG certification program defined within this agreement, including but not restricted to –
• the standard on which the certification is based, and
• the License fee, Surveillance Audit fees and any other fees or charges which may be agreed to from time to time between the Licensee and CPG;

Note: Any intended changes to the quality system or other changes, which may adversely affect product or system conformity, must be notified to CPG.
Factors considered important include change of ownership, changes in personnel or equipment.

b) must inform us if you change your address. Your certificate is issued to cover the place(s) where the audit was conducted. If you intend to change your address and wish to remain registered you must inform CPG so that we can determine what actions are necessary for you to maintain your registration.

c) must ensure that all reasonable requests and/or directions made by CPG in relation to the conduct of activities for which certification has been granted, including the manner and use of this Certification Mark/s (see Section 3) and/or accreditation marks, are complied with;

d) must not make any direct or implied claim that the Certification and/or Accreditation Mark/s cover an activity, or activities, which are outside the scope of the certification schedule for which certification has been granted;

e) must not assign or otherwise transfer all or any part of the rights granted under this Agreement to any third party;

f) must acknowledge that the Certification Mark is the intellectual property of CPG or its successors or assigns, and that the accreditation mark/s is the property of the Accreditation Body/Bodies.

g) must ensure that where multiple sites, and/or differing certification scopes are held, procedures will be established and maintained for notifying purchasers of any goods and services produced or provided outside of the certification scope registered with CPG.

h) make it clear in all contacts with your clients that the certification issued by CPG in no way implies that the product or service certified is approved by the JAS-ANZ Governing Board or the appropriate Australian or New Zealand Government Ministers;

i) allow the Accreditation Body to witness any of our audits. The rules require that the Accreditation Body may select any of our audits for witness. This witness audit by the Accreditation Body is to ensure that both auditors and CPG are operating in a professional manner and in line with all requirements. We will inform you of such a selection prior to the audit.

4.3 Use of the CPG Certification Mark(s) and/or Accreditation Mark(s)
4.3.1 The CPG Certification Mark/s
a) may only be used whilst the quality system is maintained and the registration remains valid;

b) may be used only in conjunction with your Organisation’s name and/or Logo on stationery, literature and publicity material;

c) shall not be used on a product or affixed in any way that may be interpreted as denoting product certification or conformity.

Note: For certified companies/laboratories whose activities include provision of a test and calibration service, the “product” is interpreted as including test and calibration reports.

d) may no be used until permission has been granted by CPG. The applicant agrees that the Certification mark will not be used, nor any representations be made about certification until permission has been granted by CPG and that, if certification is granted, the Mark will be used according to the Certification Agreement.

4.3.2 The JAS-ANZ Accreditation Marks
Organisations that have been granted certification through one of CPG’s JAS-ANZ accredited certification programs are entitled to use the JAS-ANZ mark. The rules for the use of this mark are governed by JAS-ANZ and are reproduced below to show how the JAS-ANZ mark may be used in conjunction with the CPG certification mark(s). The Quality Management System Mark has been used for demonstrating how the JAS-ANZ mark may be used in conjunction with the CPG (Global) marks, however, the guidance provided below applies equally to the use of the JAS-ANZ mark with any of the other CPG certification marks from our JAS-ANZ accredited certification programs.

4.3.2.1 Specifications for the JAS-ANZ Mark
The JAS-ANZ Mark can be reproduced in the colours detailed below. Under no circumstances can the JASANZ Mark be reproduced in a colour combination at variance with the figure below. However, the Mark can be reproduced in any single colour to conform with your existing stationery.

4.3.2.2 How the JAS-ANZ Mark may be used
In all cases the JAS-ANZ Mark must appear adjacent to the CPG certification mark. Certified organisations using the JAS-ANZ Mark must ensure:
• that it is used in conjunction with the organisation’s name or mark;
• and the JAS-ANZ Mark and the CPG mark are represented in a manner that the relationship between the JAS-ANZ Mark and the CPG Mark is obvious.

An example of an acceptable layout using the QMS Certification Mark is shown below:

PMS reflex (Blue)

PMS 485 (Red) this horizontal line only

4.4 Suspension and Termination of this Agreement
4.4.1 Notice for termination of the agreement
The Licensee may terminate this Agreement at any time by giving written notice to CPG at least 2 months prior to due audit date as per audit schedule. Failure to meet this requirement may result in a fee.

4.4.2 Results of breaches in the agreement
Breaches of any of the obligations referred to in section 2 of this Agreement and failure to remedy the breach in accordance with any CPG written directive may result in immediate suspension of this License and/or termination of this Agreement.

4.4.3 Action to be taken on suspension of the license
Upon suspension of this License, the Licensee must immediately stop using the Certification Mark/s, until such time as its continued use is authorized in writing by CPG.

4.4.4 Return of certification mark artwork
Should this Agreement be terminated either by the Licensee or CPG, the Licensee must immediately stop using the Certification Mark/s and return to CPG any Certification Mark/s bromides or other Certification Mark/s art-work previously supplied by CPG.

4.5 Indemnity
The Licensee indemnifies CPG against any loss, damage or claims by third parties arising out of any breach by the Licensee of the conditions of this Agreement.

5. USE OF CERTIFICATION

Use of the certification is restricted to business purposes and only on documents intended for business correspondence and within the context of advertising.

Certification of your management system may be used in advertising and publicity only under the same restrictions applicable for the symbol,independent of whether the symbol itself is used displayed or not.

You are not entitled to make any changes to the certificates or incorrect references to registration. The certificates may not be used in a misleading way for advertising purposes.

6. REDUCTION OF SCOPE/ SUSPENSION AND WITHDRAWAL OF CERTIFICATION

6.1 Suspension
6.1.1 Reasons for suspension
A Certificate may be suspended for a limited period in cases such as the following;
a) If improper use is made of the certification status, the Certificate of Registration, or the CPG Certification Mark and the improper use is not remedied to the Chairman and CEO’s satisfaction.

b) If the client’s certified management system has persistently or seriously failed to meet certification requirements, including requirements for the effectiveness of the management system.

c) If surveillance audits or re-assessments indicate a non compliance with the specified requirements and immediate withdrawal of the Certificate of Registration is not considered necessary.

d) If Corrective Action Requests have not been closed out within the designated time limit;

e) If the certified client has voluntarily requested a suspension (this must be submitted in writing.

f) If there has been any other contravention of the Certification Agreement

g) If there has been any contravention of the conditions of the System Certification.

h) Improper use of the JAS-ANZ accreditation mark

i) In the case of EMS and OHS certifications, if the organisation is found to be currently under investigation for, or has been convicted of any offence under Health and Safety, Dangerous Goods, Public Safety or other related legislation in the relevant jurisdiction. The organisation shall notify CPG in writing within 28 days of such a conviction
Note 1: As per international rule, CPG will suspend those clients that fail to undergo an audit within 12 months from their last audit. Following re-instatement of certification, CPG will review the circumstances and may increase the audit frequency and duration depending upon the number of surveillances missed and reschedule the audit durations.
Note 2: In most cases the suspension would not exceed 6 months. Failure to correct the cause of suspension will lead to cancellation of certification and the publication of cancellation.

6.2.2 Suspension process
The client shall not identify as registered any product, process or service that has been offered under a suspended Certificate.

An official suspension of a Certificate will be confirmed in writing by CPG to the Registrant. The conditions under which the suspension will be removed will also be included.

At the end of the suspension period, an investigation will be carried out to determine whether the conditions for reinstating the Certificate have been fulfilled. On fulfillment of these conditions, the suspension shall be lifted and the company notified of the Certificate reinstatement. If the conditions are not fulfilled, the Certificate will be withdrawn.

All costs incurred by CPG in suspending and reinstating the certificate will be charged to the client.

6.2 Withdrawal
6.2.1 Conditions for withdrawal
The Chairman and CEO shall cancel certification, withdraw the certificate and cancel any agreement for use of the Certification Mark in the following cases:
a) Failure to resolve the issues that have resulted in the suspension in a time frame established by CPG
b) If the company fails to comply with the due settlement of its financial obligation.
c) If surveillance audits indicate that nonconformance(s) to relevant requirements are of a serious nature.
d) At the written request of the Registrant.
e) If the organisation or its relevant section is convicted of any offence under relevant legislation.
f) If the Conditions of the System Certification are changed and the Registrant either will not or cannot ensure conformity with the new requirements.
g) If the Registrant ceases to operate the certified system.
h) If the Registrant fails to meet any financial obligations to CPG.
i) On any other grounds specifically provided for in the General Conditions of Quality System Certification or as formally agreed to between CPG and the Registrant.

If any of the above apply, CPG has the right to withdraw the Certificate and will inform the company accordingly.

The company may give notice of appeal (refer section on Appeals).

No reimbursement of audit fees will be given. Withdrawal of a Certificate will be published by CPG.

Note 1: Upon suspension or cancellation of client’s certification, the client must discontinue its use of all advertising matter that contains a reference to certification.
Note 2: CPG reserves the right to publish the cancelled certification.
Note 3: Upon request by any party, CPG shall correctly state the status of certification of a client’s management system as being suspended, cancelled or reduced.

6.2.1 Requirement for CPG to inform local authorities (some OHS and ISO 13485 programs programs only) if certificates have been withdrawn
See Annexures B and C for details. This annexure must be signed for this Certification Agreement to take effect.

6.3 Reduction of Scope
CPG shall reduce the client’s scope of certification to exclude the parts not meeting the requirements, when the client has persistently or seriously failed to meet the certification requirements for those parts of the scope of certification. Any such reduction shall be in line with the requirements of the standard used for certification

7. FEES

Fees will be detailed in the quotation submitted to applicants. As costs are based on the charge rate applicable at the time of submitting a quotation CPG reserves the right to increase charges during the certification period.

Clients will be notified of any increase in fees.

Additional fees shall be charged for all additional work that is not included in the agreed quotation and for extra, unscheduled audits or activities required due to identification of non conforming product or non-compliances being identified in the Management System or Certification Program.

This will include, but is not restricted to, costs resulting from:

a) Repeat of all or any part of the audit program or testing as the case maybe due to the initial registration requirements not being met;
b) Additional work due to suspension, withdrawal and/or reinstatement of a Certificate;
c) Re-audit due to any changes in the Management System or re-testing due to changes in the product quality plan as applicable.
d) Audit cancellation and related fees may apply as below:
Cancellation fees will apply if audit is cancelled/postponed within:
i) 4 weeks of audit date will result in 30% charge of audit fees
ii) 2 weeks of audit date will result in 50% charge of audit fees
iii) 1 week of audit date will result in 100% charge of audit fees (some exemptions may apply)

Unless otherwise specified, the fees quoted exclude travel and related expenses, which will be charged extra

8. DURATION OF CONTRACT
This agreement shall come into force when signed by the applicant/client.

Relevant clauses regarding improper/unauthorised use of Certification Mark and / or misleading advertising or claims to certification shall remain in force in the event that certification ceases for any reason.

9. SPECIAL CONDITIONS FOR OHS CERTIFICATION

9.1 Agreement to Inform CPG of any Significant OHS event
Further to the general requirements listed in clause 3.2 (General Conditions for Registration) above, you are also required to notify CPG of any significant events without delay.

Significant events include:

i) fatal incidents,
ii) serious injuries,
iii) occupational disease or,
iv) legal action by a regulatory authority.

In addition you are required to inform CPG of any:

v) OHS related findings by third parties.

This may be done during surveillance or re-certification audits.