Terms & Conditions

1.1 General Applicability of Terms

• Scope: This clause establishes that all offers, services, and the resulting relationships between QIMS Certification (including its affiliates or agents) and any client seeking certification or training services are governed by these Standard Terms and Conditions.
• Condition: It specifies that this governance applies unless there is an alternative agreement in writing between the parties involved.

1.2 Composition of the Contract

• Components: This section lists the documents that together constitute the contract between a client and QIMS Certification. These include the Standard Terms and Conditions, the proposal, application, codes of practice, auditing and certification regulations, the license terms for QIMS certification marks, and any relevant quotations.
• Finality and Variation: It emphasizes that these documents in their entirety make up the complete agreement concerning the subject matter. Importantly, it notes that changes to this contract are not valid unless they are documented in writing and signed by both the client and QIMS Certification, barring any provisions to the contrary.

1.3 Quality of Service Commitment

• Service Delivery: Here, the commitment of QIMS Certification to provide services with reasonable care and skill is outlined.
• Standards Alignment: It assures that the services will align with the current Codes of Practice of the relevant Certification Body, ensuring quality and compliance.

1.4 Acceptance of Terms Upon Ordering

• Mandatory Acceptance: This clause clarifies that placing an order signifies the client’s unconditional acceptance of the Standard Terms and Conditions, along with all other relevant documents mentioned previously.
• Application of Terms: It notes that at the time of the order, whichever terms are most stringent among the provided documents will be the ones applied or made applicable, ensuring the highest standards are maintained.

1.5 Additional Online Services Terms

• Expansion of Terms: Indicates that services accessed through QIMS Certification’s online store may be subject to additional terms and conditions, expanding the scope of governance beyond the immediate document to accommodate digital transactions.

General Definition

Accreditation Body

This is an organization, which can be either public or private, that has the authority to designate or recognize Certification Bodies. This body ensures that Certification Bodies meet certain standards and are competent to conduct certification processes.

Application

It refers to the formal request made by a Client to a service provider (like QIMS Certification) for specific services. This is essentially the initial step a Client takes to engage with the service provider, detailing their needs and the services they wish to receive.

Certificate

This is an official document issued by a competent Certification Body. It serves as evidence that the recipient (a product, service, system, or organization) has been evaluated and meets specific requirements set out by relevant standards.

Certification Body

A Certification Body is a legally recognized entity or part of QIMS Certification that has the authority to issue Certificates. These bodies assess and certify that their clients meet the necessary standards and criteria.

Codes of Practice

These are guidelines or sets of rules issued by a Certification Body in alignment with the relevant certification scheme. Codes of Practice are designed to help organizations achieve and maintain compliance with specific standards.

Proposal

This term refers to the detailed plan or offer provided by QIMS Certification to a prospective or current Client. It outlines the scope of services, terms, and conditions under which QIMS Certification will render its services to the Client.

Report

A Report, in this context, is a document issued by a Certification Body (like QIMS Certification) to the Client. It contains the findings of the certification process and indicates whether the Certification Body recommends the issuance of a Certificate to the Client or not.

Scope and Services

System Certification Services

This service involves the certification of an organization’s management systems against recognized standards. It covers various domains including quality (like ISO 9001), environmental (ISO 14001), safety, health, and social compliance. These certifications demonstrate an organization’s commitment to upholding industry standards and improving its operations.

Product Conformity Certification Services

This refers to the certification of products to ensure they meet specific EC Directives or national legislation requirements. It’s crucial for manufacturers and distributors aiming to enter certain markets, ensuring their products comply with regulatory requirements and can be legally sold.

Product Certification Services (Non-Mandatory):

This involves certifying products against voluntary standards, specifications, or technical regulations. It helps in establishing trust with consumers and differentiating products in the market by demonstrating quality and safety beyond mandatory regulations.

Service Certification Services

Similar to product certification but focused on services, this category involves certifying that a service meets specific, voluntary standards or specifications. It’s essential for service providers looking to establish credibility and demonstrate their commitment to excellence and customer satisfaction.

Process Certification Services

This service involves certifying specific processes within an organization. It ensures that certain processes meet predefined standards or best practices, leading to improved efficiency, reliability, and quality of outputs.

Skills Certification Services

This category focuses on certifying individuals’ competencies and skills in various domains. It’s vital for professionals seeking to validate their expertise and for organizations aiming to ensure their employees meet certain competency levels.

Technical and Soft Skill Training Services

Beyond certification, this service includes providing training on technical and soft skills. These programs are designed to enhance individuals’ or teams’ capabilities, improve performance, and foster professional development.

Initial Scope Specification

The initial scope of the services to be provided by QIMS Certification must be clearly defined and documented in writing at the time the order is placed.

This ensures both parties have a mutual understanding of what services will be delivered, the expected outcomes, and any specific conditions or limitations. It helps in setting clear expectations and reduces the likelihood of misunderstandings or disputes.

Changes or Extensions to Scope

Any proposed changes or extensions to the initially agreed scope during the execution of the order must also be documented in writing, prior to implementation.

This clause protects both the service provider and the client by ensuring that any modifications to the original agreement are mutually agreed upon. It helps in managing scope creep, adjusting timelines, and revising budgets as necessary.

Client’s Acknowledgment of Responsibilities

This section makes it clear that the client retains their own obligations and responsibilities even after hiring QIMS Certification. The certification body’s role is to provide services under the contract but not to replace the client or relieve them of their duties to third parties or vice versa.

Certification Changes

Changes in the status of certification, such as suspension, withdrawal, or cancellation, are governed by the rules and requirements of the relevant certification and accreditation bodies. This ensures that any action taken against a certificate is justified and follows established protocols.

Outsourcing Services

QIMS Certification reserves the right to outsource some or all of its services to third parties. The client agrees to allow QIMS Certification (presumably a partner or third-party service provider) to access necessary information to perform these outsourced services. This highlights the interconnected nature of certification services and the reliance on specialized entities to complete certain tasks.

Re-Audits

If significant non-conformities are found during an audit, a re-audit of specific or all parts of the quality system may be necessary. This is at the discretion of the Lead Auditor. Re-audits are conducted at the current daily rate, emphasizing that maintaining compliance is an ongoing process requiring potential additional investment.

Special/Unplanned Audits

Serious incidents or regulatory breaches by the certified client trigger special or unplanned audits outside the normal audit cycle. These audits aim to ensure that the occupational health and safety (OH&S) management system was effective and not compromised. The audit team is formed specifically for this purpose, and the timing and notice of such audits can vary based on the circumstances of the incident.

Audit Extensions

Audits may be extended due to findings that require further investigation. This can lead to additional charges for the client. The Lead Auditor is responsible for discussing these potential extensions and any associated costs with the client before proceeding, ensuring transparency and agreement on the way forward.

CLIENT OBLIGATIONS

Observed and Witness Audits

The client must allow auditors and representatives from relevant authorities to participate in audits conducted on the client’s premises, including those of subcontractors or suppliers. This ensures transparency and compliance with regulatory and certification standards.

Personal Protective Equipment (PPE)

For on-site activities requiring PPE, the client and QIMS CERTIFICATION will agree beforehand on the provision of such equipment. This collaboration ensures the safety of all individuals involved in the audit or inspection process.

Access and Assistance

The client is responsible for providing QIMS CERTIFICATION with necessary access, assistance, and resources (including product samples, records, and documentation) to facilitate the audit or inspection. This ensures a thorough and uninterrupted evaluationprocess.

Reliance on Contract Terms

The client acknowledges that their agreement to enter into the contract with QIMS CERTIFICATION is based solely on the terms explicitly stated in the contract, waiving any claims based on external representations or promises not included in the contract.

Obstacle Removal

The client must address and resolve any issues that could hinder the performance of QIMS CERTIFICATION’s services. This proactive stance helps in ensuring that the certification process proceeds smoothly and efficiently.

Health and Safety Information

The client is required to inform QIMS CERTIFICATION of potential hazards on their premises to ensure the safety of QIMS CERTIFICATION personnel in compliance with health and safety legislation. This mutual understanding and preparation safeguard both parties during on-site visits.

Confidentiality of Operations

The client agrees not to disclose details of how QIMS CERTIFICATION conducts its operations. This clause protects proprietary methods and processes of QIMS CERTIFICATION.

Notification of Changes

The client must promptly inform QIMS CERTIFICATION of any changes affecting their management system, products, processes, or skills. Failure to report significant changes or nonconformities could lead to certificate withdrawal, emphasizing the importance of transparency and continuous compliance.

Safe Access for Auditors

The client must ensure QIMS CERTIFICATION auditors have safe and unrestricted access to relevant areas. Any access issues leading to audit delays could result in additional costs for the client, underlining the need for proper preparation and coordination.

Scheduling and Rescheduling Audits

Audit dates should be scheduled well in advance, with specific notice periods required for any changes. Failure to adhere to these scheduling requirements may result in financial liabilities for the client, highlighting the importance of planning and communication in the audit process.

These obligations emphasize the importance of cooperation, transparency, and preparedness in the certification process. They ensure that the audit or inspection can be conducted efficiently and effectively, with safety, compliance, and mutual respect as foundational principles.

PAYMENT/FEES TERMS AND CONDITION:

Validity of Quotations

Quotations provided by QIMS CERTIFICATION are valid for three months, and work based on these quotations must commence within this timeframe, unless an exception is made by QIMS CERTIFICATION.

Fees and Fee Adjustments

The initial fees cover all stages of work as detailed in the proposal. QIMS CERTIFICATION reserves the right to adjust fees during the registration period or in response to changes in the client’s instructions or discrepancies between provided details and actual requirements.

Additional Fees for Non-Conformances and Other Services

Fees will be additionally charged for any service not included in the original proposal and for extra work resulting from non-conformances. This includes repeat assessments, additional work due to certificate suspension or withdrawal, and reassessments due to changes in management systems, products, processes, or services.

Rush Orders and Other Additional Fees

Additional fees at current rates will apply for rush orders, cancellation or rescheduling of services, or repeats of any assessment operations as required by practice codes.

Travel and Lodging Costs

All quoted fees exclude travel and lodging expenses, which are billed at actual costs. Local auditors will be utilized wherever possible to minimize expenses, with travel and lodging costs itemized separately on invoices.

Invoice and Payment Terms

Invoicing Schedule:

QIMS CERTIFICATION will issue invoices at the completion of each specified stage of the certification process, as well as for any additional work requested by the client or necessitated by unforeseen circumstances. A final invoice will be sent after the delivery of the certification report to the client.

Payment Terms:

Payments for invoices are due within 30 days from the invoice date (referred to as the “Due Date”).

This term applies regardless of the outcome of the certification process, meaning payment is due whether or not the client’s system or products achieve certification.

Interest on Late Payments:

If a payment is not made by the due date, an interest charge of 2% per month (or a different rate specified in the invoice) will be applied. This interest accrues from the due date until the payment is fully received.

Payment Method:

All payments should be made through a cheque or demand draft payable to “QIMS Certification Pvt. Ltd.”

Taxes:

The fees quoted and charged do not include Goods and Service Tax (GST), which will be added to the invoice at the applicable rate at the time of service.

Bounced Cheque Fee:

If a cheque provided by the client bounces, QIMS CERTIFICATION will charge an additional fee of Rs. 1000/-.

Invoice Disputes

Any objections to invoices must be submitted in writing within seven days of issuance, failing which the invoice is considered accurate and unchangeable.

Tax Deduction and Reporting Requirements

TDS Certificate Identification:

Clients are required to accurately mention QIMS CERTIFICATION’s Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) on every TDS certificate issued in relation to payments made to QIMS CERTIFICATION. The specified PAN is AAACQ7628R, and the TAN is RKTQ00085B.

Accrual of TDS Receivables

Any amount deducted as TDS by the client will be accounted for as a receivable (an amount owed to QIMS CERTIFICATION) until the official TDS certificate reflecting the deduction is received by QIMS CERTIFICATION. This means that QIMS CERTIFICATION will recognize the TDS amount as part of its receivables in its financial records, awaiting the formal documentation.

Condition for Receivable Credits

The receivables attributed to TDS will not be officially credited to QIMS CERTIFICATION’s account until the TDS certificate is received with the correct name and PAN details of QIMS CERTIFICATION. This implies that for QIMS CERTIFICATION to acknowledge and process these amounts as part of its financials, the TDS certificates must be accurately filled out and submitted by the client.

No Retention of Payment

The client cannot withhold payment to QIMS CERTIFICATION, even if there is an ongoing dispute or disagreement between the two parties.

No Deferral of Payment

Payments must be made as scheduled. The existence of a dispute or counterclaim does not allow the client to delay payment until the resolution of such issues.

Irrespective of Disputes

Any claims or counterclaims the client has against QIMS CERTIFICATION do not affect their obligation to pay for services rendered. This ensures that payment obligations remain separate from other disagreements.

OWNERSHIP OF CERTIFICATE AND COPYRIGHT/TRADEMARKS:

Ownership of Documents and Copyright

All documents provided by QIMS CERTIFICATION, including reports and certificates, remain the intellectual property of QIMS CERTIFICATION. This includes the content within the documents as well as any copyrights associated with them.

Prohibition on Alteration

The client is expressly forbidden from altering or misrepresenting the contents of any documents provided by QIMS CERTIFICATION. This ensures that the integrity and accuracy of the documents are maintained.

Limited Permission for Copies

The client is allowed to make copies of the documents, but strictly for internal use only. This means the documents can be used within the client’s organization for purposes related to the certification or report but cannot be distributed or used externally without permission.

Promotion of Certification

Clients are allowed to promote their certification but must adhere strictly to the guidelines and regulations set forth by QIMS CERTIFICATION regarding the use of certification marks. This typically includes how and where certification marks can be displayed (e.g., on products, marketing materials, or digital platforms).

Restrictions on Trademark Use

The use of QIMS CERTIFICATION’s corporate name, logos, or any other registered trademarks for advertising or promotional purposes is explicitly prohibited unless prior written consent is obtained from QIMS CERTIFICATION. This restriction helps protect the brand identity and integrity of QIMS CERTIFICATION.

Written Consent Requirement

Any deviation from the standard guidelines or any intended use of QIMS CERTIFICATION’s trademarks in client advertising requires explicit, written permission from QIMS CERTIFICATION. This process ensures that all uses of the trademarks are consistent with QIMS CERTIFICATION’s brand standards and legal requirements.

SECRECY/CONFIDENTIALITY:

Definition of Confidential Information

The clause starts by broadly defining Confidential Information as any proprietary information, whether oral or written, exchanged between the parties due to or in connection with the contract. This includes business-related information of either party that is not meant for public knowledge.

Exclusions from Confidential Information:

• Publicly Known Information:

  Information that is already available to the public or becomes publicly known through no fault of the receiving party is not considered confidential.

• Previously Available Information

  If the information was available to the receiving party on a non-confidential basis before its disclosure under the contract, it is not treated as confidential.

• Information from Independent Third Parties

  Information that is disclosed to the receiving party by an independent third party who has the right to disclose such information is not covered under the confidentiality obligations.

• Restrictions on Use

  The clause specifies that Confidential Information received from the other party can only be used for purposes directly related to the execution of the contract. This prevents the use of sensitive information for any side projects, personal gain, or other contracts.

• Prohibition of Disclosure

  It prohibits the disclosure of the other party’s Confidential Information to any third party without prior written consent, except in cases explicitly allowed by the contract. This includes preventing unauthorized sharing with agents or subcontractors who do not need to know this information for contract execution.

Exceptions to the Rule:

Legal Requirements

If disclosure is mandated by law or required by judicial, governmental, or regulatory bodies, the information can be shared. However, this is typically under specific conditions or proceedings where such disclosure is legally obligated.

Prior Written Approval

Any disclosure beyond what is required for contract execution or compelled by legal obligations must be approved in writing by the party that owns the Confidential Information.

Authorization for Copying

QIMS Certification is explicitly allowed to make copies of certain documents. This authorization is crucial for ensuring that QIMS Certification can perform its duties effectively and maintain records as necessary for their processes.

Scope of Documents

The permission to copy documents is not unrestricted. It applies specifically to written documents that have been shared with QIMS Certification for the purpose of order processing. This means that only documents relevant to the service being provided are covered under this authorization.

Purpose of Copies

The primary reason for making these copies is to facilitate the processing of the client’s order. This could include review, verification, certification activities, or any other purpose directly related to the service agreement between QIMS Certification and the client.

FORCE MAJEURE:

Definition of Force Majeure Events:

The clause specifies a range of events beyond QIMS CERTIFICATION’s control that qualify as force majeure. These include natural disasters (acts of God), war, terrorist activities, industrial actions (like strikes), and failures to obtain necessary permits, licenses, or registrations. Additionally, it covers illness, death, or resignation of personnel, as well as the client’s failure to fulfil their obligations, which could impede QIMS CERTIFICATION’s ability to deliver services.

Financial Obligations of the Client:

In the event of a force majeure, the client is required to compensate QIMS CERTIFICATION for:

Abortive expenditures:

Costs that have already been incurred or made by QIMS CERTIFICATION in preparation for or in the process of providing the contracted services, which become futile due to the force majeure event.

Proportion of the agreed fees:

A fraction of the fees corresponding to the portion of the service that was actually performed before the interruption caused by the force majeure event.

Relief from Responsibility

QIMS CERTIFICATION (and by extension, QIMS Certification, as mentioned, possibly indicating a partnership or involvement in the service delivery) is absolved from any responsibility for not completing the services as initially agreed upon in the contract due to the force majeure event. This means they are not liable for the partial or total non-fulfilment of the required services under such circumstances.

LIABILITY AND INDEMNITY

QIMS CERTIFICATION undertakes to exercise due care and skill in the performance of the Services and accepts responsibility only in cases of proven negligence. The half and half

Nothing in these Standard Terms and Conditions shall exclude or limit QIMS CERTIFICATION liability to the Client for death or personal injury or for fraud or any other matter resulting from QIMS CERTIFICATION negligence for which it would be illegal to exclude or limit its liability.

“QIMS CERTIFICATION’s maximum liability to the Client for any loss, damage, or expense—no matter how it occurs—will not exceed the amount the Client has paid to QIMS CERTIFICATION under this contract, not including Goods and Service Tax.”

Exclusion of Goods and Service Tax: It’s good that the clause specifies the exclusion of Goods and Service Tax from the calculation of total liability. However, emphasizing why taxes are excluded (e.g., because they are not part of the payment for services rendered) could offer clearer insight into contractual obligations and financial responsibilities. QIMS CERTIFICATION shall have no liability to the Client for claim for loss, damage or expense unless arbitral proceedings are commenced within one year after the date of the performance by QIMS Certification of the service which gives rise to the claim or in the event of any alleged non-performance within one year of the date when such service should have been completed.

“QIMS CERTIFICATION will not be responsible for any losses, damages, or costs that result from the client not meeting their obligations, decisions made (or not made) based on our reports or certificates, or any errors in our results, reports, or certificates caused by unclear, wrong, incomplete, misleading, or false information given to us by the client.

“The Client agrees to protect QIMS CERTIFICATION and its team from any third-party claims for losses, damages, or costs—unless those claims result from QIMS CERTIFICATION’s own negligence or fraud. This includes claims related to how QIMS CERTIFICATION performed (or didn’t perform) its services, as well as issues with the client’s products or services that QIMS CERTIFICATION certified.

Each party shall take out adequate insurance to cover its liabilities under the Contract.

COMPLIANCE:

All compliance defines in COC

MISCELLANEOUS:

If it turns out that one or more parts of these rules are not allowed or cannot be enforced for any reason, this doesn’t make the rest of the rules invalid or unenforceable. The other parts will still apply as normal.

Neither side can transfer their rights or responsibilities under this agreement to someone else without getting a written okay from the other side first. And getting this okay shouldn’t be unfairly refused. However, even if you transfer your responsibilities, you’re still on the hook for anything that goes wrong or any obligations you had under the agreement.

Both sides recognize that QIMS CERTIFICATION is working for the Client as its own separate business, not as an employee or partner. This agreement doesn’t make them business partners, agents, employers, employees, or in a special trust relationship with each other.

COMPLAINTS:

In case of any kind of Complain arise send complain on Email: info@qimscertification.com

TERMINATION

Ending the Contract Before It Starts:

If, for some reason, this agreement doesn’t start working within 2 months after both sides have signed it (we call this the “Effective Date”), then either side can say the contract is cancelled. They have to give the other side at least 25 days’ notice in writing before doing this. If one side decides to cancel the contract this way, neither side can make any claims or demands against the other about the agreement being cancelled.

The contract ends once all the agreed-upon services are provided and all payments are received.

The client can terminate the contract or stop the work at any time, for any reason or even for no specific reason, by letting QIMS Certification know with a written notice 30 days before. This ending will actually happen as long as the client has paid for all the services that were properly done before the contract ends.

QIMS Certification can end this contract if the client doesn’t pay what they owe. To do this, QIMS must give the client a written warning that they’re late on payment and then wait 30 days. If the client still hasn’t paid within those 30 days, QIMS can officially end the contract by giving another written notice to the client at least 30 days before the contract is terminated.”

“When this contract ends, the client needs to pay QIMS Certification for:

The work that was done well before the contract was ended, including any other costs, estimated amounts, and emergency spending that happened before the end date.

Even if the client stops the work, they still have to pay for what QIMS Certification has already finished successfully. The client’s mistakes or failures can’t stop these payments.

JURISDICTION, APPLICABLE LAW, DISPUTES & ARBITRATION:

“If there’s a disagreement or problem with these rules or the contract, the laws of India will apply to solve it. Also, only the courts in Rajkot will be able to make decisions about these issues, unless we’ve agreed on something different beforehand.”

“If any disagreements or questions come up while this contract is in effect—whether they’re about the contract itself, any specific part of it, or anything else mentioned here, or about the rights, duties, or responsibilities it creates—we might decide to have these issues settled by an independent person who makes fair decisions, known as an arbitrator. This process of solving disputes is called arbitration.

If we go this route, the arbitration will follow the rules set by the Arbitration and Conciliation Act of 1996 (or any updates to that law). QIMS Certification will choose the arbitrator. The arbitration will happen in Rajkot and will be done in English. Both parties involved in the contract will share the costs of the arbitration process equally

ACKNOWLEDGEMENT:

The client confirms that they have gotten, read, and understood all the rules and conditions set by QIMS Certification, including the quotes and bills sent to them. The client also agrees to accept all these conditions without any complaints or objections and promises to follow them completely.”