GCS TERMS & CONDITIONS OF AUDIT SERVICES
Management System Certification Agreement
1. This agreement is made between Global Compliance Service, and the company or organization (the "Client") named in the attached Certification Contract.
Scope of Agreement
2.1 Global Compliance Service agrees to provide the Client with the service for the location(s) and the scope as detailed in the price quotation - part of this contract document. The Client agrees to the provisions of this Agreement and all attachments.
2.2 In agreement for Global Compliance Service to provide this Service, the Client agrees to supply GCS with all the necessary information about their facilities.
2.3 Client requested service visit dates must be confirmed with Global Compliance Service in writing after receipt of signed contract. No service visit dates requested by clients prior to the return of the signed engagement details can be guaranteed.
2.4 Unless agreed to in writing, nothing expressed or implied between the client and Global Compliance Service Ltd. personnel is considered binding.
2.5 Client allows Global Compliance Service to use its logo on their advertising and marketing material.
2.6 Global Compliance Service publishes list of certificates issued, suspended, withdrawn. The information includes the following details: name, address and scope of the certificate and certification validity. Client allows Global Compliance Service to publish these details.
2.7 Global Compliance Service will provide to its clients, any changes to its certification requirements and the same will be verified by Global Compliance Service for all its clients.
2.8 Client must inform Global Compliance Service of any changes which may affect the capability of the management system to continue to fulfill the requirements of the standard used for certification. E.g. Changes related to legal, commercial, organizational status of ownership, organization and management, address and sites, scope of operations under certified management system, major changes to system and processes.
Terms of Payment
3.1 Fees quoted in the Engagement Details will remain fixed for a period of thirty-six (36) months from the date of signing the letter. All fees quoted are inclusive of taxes, travel and sustenance.
3.2 The Client agrees to pay fees as assignment services are rendered. The invoice will be presented by the Team Leader at the beginning of the audit and is expected to be paid before the team leaves the site. Fees for the initial registration assessment must be paid before the registration certificate is issued. Any amount not paid within 30 days of the date of the invoice may be subject to additional fees of 1.5 % per month, or the maximum rate permitted by applicable usury laws, whichever is greater. In the event that the fees are not paid within the agreed time frame, Global Compliance Service may terminate this agreement with five days’ notice and will not be liable for any resulting loss, cost, or expense and the registration certificate shall be deemed canceled.
3.3 Fees for special purpose visits (e.g. to verify implementation of corrective actions, on receipt of customer complaints, changes / revisions in the management systems which the Client has reported as having an effect on the registration, change in address, scope of the certified management system, changes / revision in management system standard etc.) are not included in the fees quoted and will be invoiced to the Client at rates in effect at the time of the visit.
3.4 The Client agrees to reimburse Global Compliance Service for the following as incurred:
a) Additional copies of certificates are available at a cost of 200US per certificate.
b) Client changes made to certificates after the client’s initial approval will be charged at 300US for processing the change and 200US for each revised certificate issued. In case an additional visit to client premises is required to verify the changes after the initial approval will be charged at the prevailing man day rate.
c) If any certificates misplaced/ lost by the client, copies of the same can be made available at a cost of 200US per certificate.
3.6 Global Compliance Service is not responsible for unforeseen circumstances encountered during the delivery of the Service which may require additional time or expense, and could result in our inability to complete the assessment as specified in the Certification Contract. Global Compliance Service reserves the right to pass on to the Client additional costs arising from services requested by the Client which are not listed on the Certification Contract.
4.1 Either party may terminate this agreement by written notice to the other, at least three months prior to the next scheduled service assignment date;
4.2 In the event that this agreement is terminated, the registration certificate shall be deemed to be canceled and the client must immediately cease using the certification and registration marks with immediate effect.
Global Compliance Service or its personnel shall not have any liability to the Client for any claim, loss, damage or expense resulting from, relating to or arising out of Global Compliance Service's performance of the Service except to the extent resulting from the negligence or wilful misconduct of Global Compliance Service or its personnel. In the event of any claim, loss, damage or expense incurred by the Client as a result of the negligence or wilful misconduct of Global Compliance Service or its personnel in the performance of the Service, Global Compliance Service's maximum liability to the Client shall be limited to the amount of the fees paid to Global Compliance Service for the Service.
Global Compliance Service shall not be liable in any respect should it be prevented from discharging such obligations as a result of any matter beyond its control which could not be reasonably foreseen.
The contract to which this agreement applies is governed by the laws of the United States of America, and the parties submit to the jurisdiction of the courts of USA, and all notices and proceedings served will be deemed to be duly served if sent by pre-paid registered mail to the address of the party.
The Client will indemnify and hold harmless Global Compliance Service and its personnel from and against any and all liabilities, damages, claims, losses, costs and expenses (including reasonable attorney's fees) resulting from, breach of agreement or resulting from, relating to, or arising out of the misuse or alleged misuse by the Client of any registration, certificate, logo or mark of conformity provided by Global Compliance Service pursuant to this agreement.
Except as required by law and the relevant accreditation authorities, Global Compliance Service will treat as strictly confidential and will not disclose to any third party without prior written consent of the Client, any information which comes into the possession of Global Compliance Service or its employees in the course of providing the Service.
RULES FOR CERTIFICATION
The Client facilities specified in the Certification Contract must have an effectively implemented and documented its ISO management system, which complies with the standard as specified in the Certification Agreement.
Complete Internal audits followed by management reviews of the client’s quality management system should be carried out at least once in a year. At least one complete cycle of Internal Audit and Management review shall be completed before Certification Audit.
All records pertaining to the implementation of the quality management system must be made available to authorized Global Compliance Service personnel including records of external complaints and remedial actions taken.
Access to all business and production areas must be made available to authorized Global Compliance Service personnel to ensure an effective and efficient audit including all documentation relating to the quality management system for which Certification is being undertaken.
A designated individual must be appointed by the Client to be responsible for ensuring that the quality management system requirements are observed.
For any Management System the Client must comply with the Certification Program requirements, mandatory legal or regulatory requirements, statutory requirements which apply to the Client's production processes or services. The Client must maintain a manual register of regulatory requirements that are applicable and shall comply with the same. In the event of Client (organization) conducting a violation of the legal / regulatory / statutory requirement, the client will inform Global Compliance Service on its own, proactively and voluntarily. In case a violation of legal/ regulatory/ statutory requirement is observed during the course of Certification (stage 2) and surveillance Audit, the audit team will notify the client’s management of the violation. The client shall ensure and provide evidence to Global Compliance Service that the appropriate authorities have been notified of the violation as per the prescribed procedures of the relevant authorities.
All significant changes to the Client's organization, products, processes or services which may affect the Certification or compliance to the audited standard must be communicated to Global Compliance Service. This may require Global Compliance Service to undertake further Audit to review the impact of these changes on the Certification.
The frequency and duration of surveillance visits may be increased if a significant number of non-conformances or complaints are reported.
Original management system documentation held by the Client must be produced and made available to authorized Global Compliance Service personnel at each visit.
Appeals against any decision taken by Global Compliance Service regarding the Client's Certification are covered by a documented appeals procedure which is available upon request.
The Client must inform Global Compliance Service of any significant non-conformances of which they are aware, through internal audit or other means. The Client is responsible for the adoption of sound quality policies to maintain the reliability of their quality management system. It should be understood that Global Compliance Service is assessing the quality management system and is not in any way certifying the effectiveness of the quality of any product or service. The Client cannot use the Certification of its quality management system as "proof" that it offers quality products or services.
If the Client's ISO management system is registered by Global Compliance Service, the Client is entitled to use the service mark of Global Compliance Service in conjunction with the appropriate accreditation body logo subject to the logo conditions attached. The Client agrees not to misrepresent the Certification by Global Compliance Service, nor to modify or alter the Certification certificate in any way, including Global Compliance Service's logo.
If the Client fails to maintain compliance with the requirements for Certification, Certification may be suspended or withdrawn at the discretion of Global Compliance Service. A copy of the suspension and cancellation procedure is available upon request. Upon suspension or cancellation of the Certification the client will discontinue all advertising matter and stationery that contain any reference to the Certification and on cancellation, will return all the Certification documents including the Global Compliance Service and accreditation body logo material.
Client shall initiate actions against the non-conformities raised by Global Compliance Service for suspending the certification. He shall submit the evidences for actions taken to close out all the non-conformities raised. Failure to comply with the suspension conditions shall escalate the suspension to withdrawal / cancellation of certification.
The client management system must include a provision, which makes it clear to its customers when it is supplying goods/ services not made under it.
Global Compliance Service cannot guarantee the same auditor for subsequent visits. The client can request in writing for change of auditors / team with appropriate reasons.
The client must only claim that it is certified with respect to those activities for which it has been granted certification.
These rules have been prepared against criteria for competence set out in (2) below. The Scope of Accreditation issued by IAS is an acknowledgement that Global Compliance Service has the necessary expertise and ability to manage audits in those particular sectors. Details of all accredited scopes held are available on request to Global Compliance Service If a particular sector is outside the present accredited scope of Global Compliance Service then an IAS accredited certificate will be offered at the discretion of Global Compliance Service.
Certification of a management system is not a statement by the certification body guaranteeing that the product or services actually meet specified requirements. Certification does not imply a view on the specification of a product or service. It does not guarantee a good product or service. Global Compliance Service is a privately owned independent organisation.
Global Compliance Service undertakes the audit, evaluation and certification of management systems operated by companies to the respective management system standards applied for. The client must agree to supply all necessary information to Global Compliance Service
Global Compliance Service undertakes to provide suitably qualified personnel for all audit and surveillance work using their own staff or suitable qualified subcontractors. All members of Global Compliance Service (full-time employees or sub-contractors) are required to sign confidentiality agreements concerned with all confidential information to which they may be exposed at client premises.
The client has right to object to any auditor if he perceives conflict to his interest. He can raise his objection to Quality Manager, who shall
review the potential impartiality threat and take necessary actions; however, the change cannot be guaranteed.
4 Certification Contract
On acceptance of this contract, the client will sign and forward it with the PO to Global Compliance Service The project will then be allocated by the Director Operations to a suitable audit team who will then carry out the audit in line with Global Compliance Service's procedures.
5. Audit Methodology
(i) The first stage of the audit as carried out by Global Compliance Service is to carry out Stage 1 audit, a review of the client's documentation with respect to the appropriate standard(s). This can be performed onsite or offsite at the client's premises in conjunction with the client's management representative.
(ii) On satisfying the auditor on the compliance of the documentation and site requirements (if applicable), a report is produced and Stage 2 audit date is agreed and an audit is carried out by the auditor(s). If further visits are required due to non-compliances found, these will be undertaken and extra charge will be incurred by the client. The on-site audit is carried out using client manuals and procedures and by interviewing relevant members of staff regarding their working practices.
After certification, if the client changes anything which significantly affects the registration, then Global Compliance Service must be informed. Global Compliance Service reserves the right to re-audit if necessary.
Triennial / Renewal audit is required by Global Compliance Service All non-conformances if any has to be closed prior to Triennial / Renewal audit
On completion of the on-site audit, the Lead Auditor reports to the Director Operations. On receiving a report stating that the client's management system meets the requirements of the relevant Standards and approval by Certification Committee, the certificate is issued. The certificate remains the property of Global Compliance Service Providing the client maintains the management system to the required standard, the certificate is valid for three years. Triennial / Renewal audit is to be carried out at least three months prior to the expiry of the certificate at extra cost.
After the issue of a certificate, to maintain annual registration, surveillance visits will be carried out at the client's premises (announced visits) at least once per year. If areas of concern are identified, more visits may be carried out at the discretion of the Director Ops. The client agrees to meet the extra costs relating to such increased surveillance. Any changes to scope, products or manufacturing processes must be communicated to Global Compliance Service
The First Surveillance Audit needs to be conducted within twelve months from the date of the Stage 2/ Certification/ Renewal Audit. Failure to comply with this will lead to certificate withdrawal and client deregistration.
8. Extension to the scope of registration
This may be applied for in the same way as the initial audit, indicating the increased scope of registration being required. Audit will be carried out in the areas not previously audited. If successful, a new certificate indicating the new full scope will be issued by Global Compliance Service There will be a charge for extensions to scope and re-issue of the certificates.
9. Short Notice Audits
Global Compliance Service may when necessary conduct short notice audits to investigate complaints, or in response to changes, or as follow up to suspended clients
10. Reduction in scope of Certificates issued
Global Compliance Service shall wherever applicable reduce the scope of certification if during the time of routine surveillance audits / Re approval or Renewal audits it finds that the certified client has continually / seriously failed to meet the certification requirements for those parts of the scope of certification. The reduction in scope will be approved by the Chairman of Certification Committee.
Once a certificate has been issued, the client has the right to publish this fact. The relevant logos can be used on its stationery relating only to the audited scope of registration and the relevant part of the standard. All conditions of the Logo Rules issued along with the Certificate will need to be followed.
12. Certificate Misuse
Global Compliance Service will take all reasonable precautions to see that there is no misuse of their certificate in client advertising etc. The client undertakes to use certification marks as appropriate to its audited scope of registration and relevant Standards.
13. Appeals Procedure
If for any reason a client is not in agreement with the Lead Auditor's verdict after an audit, re-audit or a surveillance visit, including suspension or withdrawal of a certificate, he/she is at liberty to lodge an appeal with the President of Global Compliance Service. Ltd through mail or website. All appeals will be held in the presence of an Appeal committee. The committee will evaluate evidence from the client's representative and the relevant Lead Auditor. The decision of the committee is final and binding on both the client and Global Compliance Service No counter claims will be allowed by either party. No costs, for whatever reason, will be allowed for either party as a result of an appeal. Expenses of the Appeal will be met in full by the party who has the decision against them.
14. Complaints against Global Compliance Service personnel
If a client has a complaint regarding any employee of Global Compliance Service, this should be sent through mail or website to the President of Global Compliance Service at the Head Office address. If the complaint involves the MD then the complaint is to be addressed to the Board of Directors of Global Compliance Service. The complaint shall be handled as per Global Compliance Service’s defined complaint handling process.
15. Complaints against Global Compliance Service certified clients
If any interested party has a complaint against Global Compliance Service certified client, this should be sent through mail or website to the Managing Director of Global Compliance Service at the Head Office address. The complaint shall be handled as per Global Compliance Service’s defined complaint handling process.
Neither Global Compliance Service nor any of its workers or agents warrants the accuracy of any audit, review, information, certification, service or advice supplied. Except as stated in this document, neither Global Compliance Service nor any of its servants or agents shall be liable for any loss, expense or damage however so sustained by any company, client or person due to any act whatsoever taken by Global Compliance Service or its servants or agents, save to the extent that any attempted exclusion or liability would be contrary to law.
17. ACCREDITATION BODY WITNESSED AUDITS
It is a condition of the rules of registration that all Global Compliance Service certificated clients should, if requested, allow, Accreditation Body auditors to visit the client premises / witness Global Compliance Service staff carrying out their audits.
Global Compliance Service reserves the right to change these rules of registration herewith without prior notification.