These Terms and Conditions relate to services delivered by Standards International Ltd (Standards International) whose registered office is 5 The Granary, Fairclough Hall Farm, Weston, Hertfordshire SG4 7DP) to you the Client (you or your authorised representative).
Please Note: Should you, ‘the client’ be reviewing and subsequently agreeing to these Terms and Conditions on behalf of a company, please ensure that you have the full authority to act on the company’s behalf.
1.1. ‘Standards International Ltd’ means Standards International. it’s employees, sub-contractors, coaches, assessors, trainers and appointed third parties (a full list can be provided upon request) in these Terms and Conditions.
1.2. These Terms and Conditions cover all services provided by Standards International Ltd. The core services provided by Standards International can be found in the company brochures – Your Guide to Excellence and Your Guide to WOWW!.
1.3. Where required these Terms and Conditions enable those eligible to comply with the requirements of certifiable standards to be registered by Standards International Ltd.
1.4. Standards International Ltd reserves the right to amend these Terms and Conditions from time to time provided that Standards International gives the Client at least 60 days’ written notice of such amendment.
2.1. Standards International will provide all services as requested and agreed by you the client.
2.2. Standards International Ltd undertakes to apply its services (and the criteria for certification) consistently and to provide from its own staff or through sub-contractors suitably qualified personnel to perform all of its services. Standards International takes full responsibility for all of the services it provides including the certification process and decision. Where appropriate you will be notified of your certification status by the appointed personnel in advance of certification being awarded, and any objections to individual members of staff on reasonable grounds will, wherever possible, be accommodated.
2.3. All Standards International’s employees, sub-contractors, coaches, assessors, trainers and appointed third parties are required to sign confidentiality agreements and are required to agree to meet all the requirements as outlined in any current data protection legislation.
2.4. Certification Services
2.5. If, in Standards International’s view, you fail to comply with these Terms and Conditions (including any undertakings given to Standards International), Standards International may, where appropriate, suspend or withdraw certification or reduce the scope of certification, impose a moratorium on the issue of certificates or extensions to scope, require re-assessment, immediately cease the delivery of all requested and agreed services,or impose such other sanctions as are appropriate and legal.
As the Client you agree to:
3.1. Supply Standards International with all information and facilities and to afford Standards International such reasonable access and co-operation as, in each case, are necessary to enable it to provide the service(s).
3.2. Use reasonable endeavours to provide access for Standards International’s employees, sub-contractors, coaches, assessors, trainers and appointed third parties to relevant areas of your own premises, documents and systems to conduct assessments of your activities.
3.3. Comply with these Terms and Conditions, with the relevant standard(s) and or programmes.
3.4. Not use certification or your own status in such a manner as to bring Standards International into disrepute; and in order to maintain the integrity of Standards International’s service(s), not to make any misleading statement concerning the application or registration to any third party or in any advertising material (whether used for internal or external purposes) and to use all best endeavours to ensure that no one connected with you gives any such misleading impression.
3.5. Make it clear in all contracts with your own clients and in guidance documents that a certificate or report issued by yourself in no way implies that any product, service or management system certified is approved by Standards International.
3.6. Comply at all times with the requirements set out by Standards International in the ‘Conditions for the Use of the Standards International Ltd Certification Mark’ policy covering conditions for use of certification marks, and to take all reasonable steps to ensure that compliance with these conditions is enforced among your own clients, and to make reference to Standards International certification in the prescribed manner.
3.7. Inform Standards International of any planned changes which may bear upon your conformity with these Terms and Conditions and the relevant standard(s) and/or programmes that may otherwise affect, or potentially affect, your circumstances, capabilities and/or scope of certification, including, but not limited to, the following changes:
a) ownership;
b) legal, commercial or organisational status;
c) complaints or changes which effect regulatory status;
d) organisational or management capabilities;
e) personnel, equipment, facilities, working environment or other resources, where significant;
f) premises/location.
3.8. Upon suspension of certification, however determined, to refrain from any further promotion of or reference to the certification until such time as the suspension is lifted.
3.9. Upon withdrawal of certification, however determined, to withdraw all material referring to its certification and to cease any further promotion of or reference to the certification.
3.10. Assist Standards International in the investigation and resolution of any properly authenticated complaints made by third parties about your certified activities.
4.1. By accepting these Terms and Conditions you agree to pay such fees and charges as are due to Standards International in accordance with the Standards International company brochures, literature, website and/or the accepted fee schedule and/or application form, at the rates in effect when you applied.
4.2. Payments due from you under these Terms and Conditions must be paid in full in the currency specified within seven days of the date of invoice unless otherwise agreed. Value Added Tax (VAT) will be applied (where applicable). Non-UK clients may be asked for payment of estimated fees before any work is undertaken.
4.3. Membership to The Standards International Academy requires a minimum subscription term of twelve months. Your subscription will continue thereafter and renew automatically, unless terminated by Standards International or until you notify us of your decision to terminate your subscription. If your subscription is terminated within the initial twelve-month period, Standards International reserves the right to recoup costs in respect of services delivered to that point. Membership subscriptions are non-refundable.
4.4. Unless specified elsewhere, travel and expenses incurred by Standards International in performing the service(s) will be charged at cost. All fees and expenses will be subject to VAT (where applicable). Fee rates will be subject to annual review.
4.5. If your certification is suspended for financial reasons (for example late payment of invoices), a fee will be charged for reinstating the certification and or services when the debt has been settled.
4.6. Should either party terminate any agreements and request that the agreed services are no longer required (from ‘the Client’) or available (from Standards International) then all fees due for services delivered shall be due in accordance with the payment provisions as outlined in this clause or all services yet to be delivered shall be done so as outlined in clause 2 and 3 of this Terms and Conditions.
4.7. For certification services, all fees up to and including assessment and any associated supplementary or close-out work must be paid before certification is awarded. The amount of this shall be at the sole discretion of Standards International.
5.1. In the event that any agreed or booked services are rescheduled and/or cancelled by you, Standards International reserve the right to charge a minimum £75 cancellation/rescheduling fee. Any request made by you to reschedule or cancel any agreed or booked services within 30 days of the agreed and confirmed commencement date(s) must be notified in writing and received by Standards International. If you fail to notify Standards International appropriately within the required 30 days’ notice period, a minimum charge of £175.00 up to the full amount of the fee plus any third-party costs or charges incurred by Standards International will be invoiced and payable by you in accordance with the payment provisions of Clause 4.
6.1. Standards International, it’s employees, sub-contractors, coaches, assessors and trainers and appointed third parties are committed to keeping any information that they collect, review and/or retain is kept safe and secure at all times. Standards International, it’s employees, sub-contractors, coaches, assessors and trainers and appointed third parties are governed by a set of strict policies and procedures. The Standards International Privacy Statement is available on www.standardsinternational.co.uk
6.2. Standards International Ltd, it’s employees, sub-contractors, coaches, assessors and trainers and appointed third parties (a full list can be provided upon request) agree to maintain as confidential, and not to use or disclose to any third party, any information derived from you in connection with the service(s) provided without your consent, except:
a) any information which was in the possession of Standards International prior to its disclosure by you;
b) any information which is or shall lawfully become part of the public domain, or was obtained by Standards International from a source independent of you;
c) any information which otherwise may be required to be made available to any court, fiscal or regulatory authority.
7.1. You shall ensure that Standards International’s employees, sub-contractors, coaches, assessors and trainers, when attending your elected sites, are provided with such personal protective equipment (PPE) as may be necessary to reduce risks to an acceptable level and meet any applicable legal requirements.
8.1. In providing the service(s), neither Standards International nor any of its employees, sub-contractors, coaches, assessors and trainers and appointed third parties warrant the accuracy or completeness of any information or advice that you supply. Except in respect of death or personal injury caused by Standards International negligence or as set out herein, neither Standards International nor any of its officers, employees or agents (on behalf of each of whom Standards International has agreed this clause) shall be liable to you for any loss of profit or any indirect, special or consequential loss, damage, costs or expenses or other claims (whether caused by the negligence of Standards International, its officers, employees or agents or otherwise) which arise out of or in connection with the provision of the service(s) or their use by you by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law or under the express terms of these Terms and Conditions, and the entire liability of Standards International under or in connection with these Terms and Conditions shall not exceed the fee charged by Standards International for that part of the service(s) even if found to be a breach of warranty.
9.1. You undertake to indemnify Standards International against any losses suffered by or claims made against Standards International as a result of your misuse of any certification or licence to use any certification mark granted by Standards International or as a result of any breach you have made of these Terms and Conditions.
10.1. In the event of a complaint against Standards International, made by you within the scope of these Terms and Conditions and which upon initial investigation is well founded, Standards International will further investigate the complaint in a timely and responsible manner and will carry out one (or more) of the following actions:
a) instruct an independent third party to review the complaint;
b) escalate the complaint and the full details to the impartiality committee;
c) if identified; request corrective action to be implemented within a specified time;
d) feedback to the complainant any corrective actions or next step agreed.
For further details please refer to the Standards International Client Complaints Process. The Client Complaints Process is available on www.standardsinternational.co.uk
11.1. In the event of a complaint against you, made by any persons or organisation within the scope of these Terms and Conditions and which upon initial investigation is well founded, Standards International Ltd will further investigate the complaint in a timely and responsible manner and will carry out one (or more) of the following actions:
e) request corrective action to be implemented within a specified time;
f) suspend its approval and require corrective action to be implemented within a specified time;
g) withdraw its approval if the requested corrective action has not been completed within the specified time;
h) withdraw the approval as a result of the complaints being of a highly serious nature so that corrective action is deemed unsuitable and is not specified.
12.1. Appeals will be considered only against a certification decision made by Standards International. A certification decision is a decision by Standards International to grant, curtail or withdraw certification or when Standards International grants or denies an extension to scope. Such a decision by Standards International shall stand pending the hearing of any appeal.
12.2. Appeals will be processed in accordance with the Standards International Certification Appeals Process. The Appeals Process is available on www.standardsinternational.co.uk
13.1. These Terms and Conditions shall continue in force unless and until terminated by either party by giving 90 days’ written notice to the other.
13.2. At the date of termination, Standards International shall conduct a review of the requested and agreed services in order to establish if there is any further work or agreements are to be completed prior to the end of the agreed services.
13.3. At the date of termination, any certification awarded hereunder shall cease to be valid on the certification expiry date.
13.4. Any termination of the agreed services, however caused, shall be without prejudice to any rights or liabilities of the parties which have been accrued on or before the date of termination, but neither party shall have any rights to require performance of or liabilities to perform the agreed services after such date. Upon termination for any reason:
a) notwithstanding any other provisions of these Terms and Conditions, the terms of this Clause 13 and Clauses 6 (confidentiality), 8 (liability) and 9 (indemnity) shall continue to be in force in accordance with their terms; and
b) all fees and charges accrued (but unpaid) pursuant to the agreed services shall forthwith become due and payable.
14.1. No failure or omission by either party to carry out or observe any of the stipulations, conditions or warranties to be performed as set out in these Terms and Conditions shall give rise to any claim against such party or be deemed to be a breach of contract to the extent that such failure or omission arises from causes reasonably beyond the control of such party.
15.1. Except as otherwise agreed by the parties in writing, these Terms and Conditions shall not be assigned in whole or in part.
16.1. No person (other than Standards International employees, sub-contractors, coaches, assessors and trainers) who is not a party to these Terms and Conditions has or should have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any clause of these Terms and Conditions and no consent of any person who is not a party is required under that Act to any cancellation or variation of these Terms and Conditions.
17.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.