Terms and Conditions

Terms and Conditions – ISO Certification

1.    GENERAL

Unless otherwise agreed in writing all offers or services provided by the UKB Excellence shall be governed by these General Terms and Conditions.

These Terms and the Proposal constitute the entire agreement between the Client and UKB Excellence with respect to the subject matter. No variation to the Contract shall be valid unless it is in writing and signed by the Client and UKB Excellence.

Where a Certificate is issued to the Client, UKB Excellence will provide the Services using reasonable care and skill.

No certification is to be provided where there is the possibility of financial self-interest. UKB Excellence will not certify the management systems of shareholders or of clients where an UKB Excellence employee has a direct family mUKBer working at a senior management level.

2.    DEFINITIONS (As applicable)

Assessment    means an assessment of the Client’s Management system;
Certificate    means the Certificate issued by UKB Excellence;
Client    means the client identified in the Proposal;
Contract
    means the agreement between the parties for UKB Excellence to carry out the Assessment and provide a Report in accordance with the Proposal;
Duration    means a period of time as specified on the quotation for assessment.
Engagement    means the action of signing UKB Excellence’s Quotation for Assessment as confirmation of the Client’s desire to engage the services of UKB Excellence and confirmation that the Client agrees to UKB Excellence General Terms and Conditions;
Proposal    means the outline of services to be rendered by UKB Excellence to the Client;
Report
    means a report issued by UKB Excellence to the Client indicating findings including whether or not a recommendation to issue a Certificate is to be made if relevant;
Standard    Relevant Standard
Visit    means the first meeting after Engagement (including annual surveillances) undertaken by UKB Excellence on the Client’s premises.

3.    ENQUIRY

Following your enquiry, you will be requested to supply UKB Excellence with appropriate information. From this information, you will be provided with a written quotation for UKB Excellence services, specifying the duration and cost involved.

4.    INITIAL ASSESSMENTS

To enable UKB Excellence to establish confidence that your management system(s) meet the requirements of this agreement and the specified standard, we require you to:

•    Allow UKB Excellence full access to all work areas, personnel, records and documentation relevant to your application.
•    Demonstrate compliance to the specified standard, to UKB Excellence satisfaction.
•    Nominate a management representative and advise UKB Excellence of this nomination.

If UKB Excellence is not satisfied that compliance can be adequately demonstrated during the initial assessment, it may be necessary to undertake further special visits. Should this be the case, they will be arranged in advance and a written quotation provided.
5.    CERTIFICATION

Following a satisfactory visit and submission of an adequate corrective action response (where necessary) an independent review of the initial assessment report will be conducted. If satisfactory UKB Excellence shall then grant certification. As evidence of certification you will receive an UKB Excellence signed certificate, valid for 3 years, detailing the scope of assessed activities and location.

Continuation appendices may support this; UKB Excellence may at any time refuse certification or revoke, suspend or terminate certification where, in UKB Excellence reasonable opinion, compliance with the specified standard or this agreement has not been met.

6.    POLICY GOVERNING CERTIFICATION MARKS (Logos)

The Client shall adhere to the UKB Excellence branding guidelines on completion of their initial assessment. The branding guidelines will be sent to the client and on receipt of the confirmation email, the UKB Excellence logo’s sent to the Client.

7.    SURVEILLANCE AND RE-ASSESSMENT

It is a condition of this agreement that you advise UKB Excellence in writing, if at any time you no longer comply with this agreement or the specified management standard, or make significant changes to your management system. You should advise your designated UKB Excellence contact.

UKB Excellence shall make regular visits to your premises to ascertain the continuing effectiveness of your management system. The duration and frequency shall be at the reasonable discretion of UKB Excellence.

At the end of the 3rd year following initial certification and 2 surveillance cycles, your System will be due for certification renewal.

8.    CHANGES TO YOUR ORGANISATION

It is a condition of this agreement that you inform UKB Excellence of any substantive changes that take place or are planned to take place in or to your structure, strategy, management or culture (a “change”) which could affect your certificate.

Without limitation, a Change may include any merges, acquisitions, takeovers, new brand using existing people, cases of significant growth or reduction in employee numbers and changes in name or ownership. You must inform UKB Excellence prior to the Change taking place or, if this is not possible, as soon as is reasonably practicable following the Change.

UKB Excellence reserves the right to investigate the nature of any Change and its impact on your certification. Wherever possible, this investigation shall be timed to take place with a routine assessment of your certification. There may be a requirement to re-quote in line with the new changes and you will be notified of this prior to the assessment taking place.

9.    CERTIFICATE SUSPENSION OR WITHDRAWAL

Following an unsuccessful assessment or surveillance of an organisation's management system, the certificate of registration may be suspended or withdrawn as follows:

•    As a result of continued misuse of Registered Company Certification Marks.
•    Failure to apply corrective action as a result of non-conformances found at an assessment or surveillance within the relevant timescale.
•    Any other breach of UKB Excellence Certification Terms and Conditions.
•    Should the client organisation wish to appeal against the suspension or withdrawal of certification UKB
Excellence operates an appeals procedure see clause 18.

 

10.    SCHEME REQUIREMENTS PRODUCT CONFORMITY

It is a requirement of all Product Conformity schemes that you advise UKB Excellence in writing of any knowledge of non-conforming products/services.

11.    CHARGES AND PAYMENT

The Client shall pay the fees of UKB Excellence prior to the arranged assessments.

•    Fees and payment structure (full or stage) will be agreed in advance with the Client
•    Fees will be exclusive of but subject to VAT and expenses.
•    We reserve the right to charge interest on overdue invoices from the date when payment is due until the date payment is made at 4% above the Bank of England official dealing rate.

12.    CANCELLATION

If the proposed Services are cancelled or postponed at short notice by the Client, UKB Excellence reserves the right to charge the Client a cancellation Fee based on the estimated costs of the service.

Number of working days before commencement    Maximum Charge
30 or more working days    0% - except for any activity that has already taken place (100% of planning time is then chargeable)
10-29 working days     60% of the estimated costs
9 working days or less     100% of the estimated costs
    
Gap Analysis    Maximum Charge
Assessment cancelled after free gap analysis undertaken    100% of the cost of the Gap Analysis

The cancellation fee may not apply in the following exceptional circumstances:

•    The announcement of major redundancies
•    The announcement of a takeover/buy out
•    Exceptional personal circumstances

13.    TERMINATION

Subject to payment of the fees to UKB Excellence, this agreement will terminate automatically upon delivery of the requested Services.

UKB Excellence shall not be required to fulfil its duties and obligations under this agreement if UKB Excellence is prevented from fulfilling its duties and obligations by any acts or omissions of the Client.

14.    OWNERSHIP OF UKB EXCELLENCE CERTIFICATION

The certificate and the right to use the logo shall remain the property of UKB Excellence and you agree not to assign, charge, licence, transfer or otherwise deal with it in any way.

15.    SAFETY

The Client is responsible for ensuring that when UKB Excellence visits your site UKB Excellence has adequate protective equipment for the working environment to be assessed. Where specialist training is required this shall be disclosed to UKB Excellence at the outset.

Please raise these issues with your UKB Excellence contact in advance of a visit.

16.    LIMITATION OF LIABILITY

Financial Liability of UKB Excellence (including liability for the acts or omissions of its employees and contracted staff) to the Client in respect of:

•    Any breach of this agreement
•    Any use made by the Client of the services; and
•    Any representation, statement or act or omission (including negligence arising under or in connection of this agreement

All warranties and conditions and other terms implied by statute or common law, are to the fullest extent permitted by law, excluded by this agreement.

The Client acknowledges and accepts that where services are required to change to comply with UKAS guidelines or any other legal requirements, UKB Excellence shall not be liable for breach under this Agreement.

Nothing in this agreement limits or excludes the liability of UKB Excellence for:

•    Death or personal injury resulting from negligence; or
•    Any damage or liability incurred by the Client as a result of fraud, or fraudulent misinterpretation by UKB Excellence.

UKB Excellence shall not be liable for:

•    Loss of profit;
•    Loss of business;
•    Depletion of goodwill and/or similar losses;
•    Loss of contract
•    Loss of corruption of data or information or
•    Any special indirect, consequential or pure economic loss, costs, damages, charges or expenses;

UKB Excellence‘s total liability in contract, (including negligence or breach of statutory duty), misinterpretation, restitution, or otherwise arising in connection with the performance of this agreement shall be limited to the Services Fee.

17.    CONFIDENTIALITY

UKB Excellence, its employees and contracted staff shall keep confidential all information relating to your business and shall not disclose that information to any third party.

UKB Excellence, its employees and contracted staff have signed individual confidentiality agreements and will only receive confidential information on a need to know basis. This confidentiality agreement shall continue for a period of not less than 10 years after termination of this agreement.

You shall keep confidential all information relating to the commercial and intellectual property of UKB Excellence and shall not disclose this to any third party.

These restrictions shall not apply to any information in the public domain or which UKB Excellence is required by law or relevant accreditation bodies to disclose.

18.    FORCE MAJEURE

If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstance in question.

Neither party shall be deemed to be in breach of this agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.

19.    COMPLAINTS

If UKB Excellence receives a complaint about your organisation, within the scope of your certification, which proves on investigation to be well founded, UKB Excellence will require immediate action within a specified time. Failure to take adequate action may lead to withdrawal or suspension of certification. A special visit may also be required to resolve the issue, which shall be charged to you.

If you have cause to complain about the provision of UKB Excellence service, the complaint should be made to the Technical Manager

20.    APPEALS

We aim to work with you to resolve any complaints raised, however in the unlikely event that you are not satisfied with our response you may register an appeal (see our website for Client Charter).

21.    DATA PROTECTION

The Parties each warrant to the other that they have and will maintain all necessary data protection notifications and, in providing the other or third parties with information under the terms of this Contract, they will not be in breach of any security arrangements or in breach of the Data Protection Act 1998 and all subordinate legislation under that Act, including all applicable data protection principles.

22.    PUBLICITY & PROMOTION

In order to maintain the integrity of UKB Excellence service, you agree not to make any misleading statements concerning your application or certification to any third party and will use your best endeavours to ensure that no-one connected with you gives misleading information.

23.    ENTIRE AGREEMENT

This Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject manner.

Each Party acknowledges that in entering into this Contract it has not relied upon any representation, inducement promise or agreement, whether oral, written or otherwise made by or on behalf of the other Party and which has not been incorporated within or specifically referred to in this Contract, and that no other agreement, statement or promise not contained in this Contract shall be valid or binding.

24.    GOVERNED LAW AND JURISDICTION

This Contract shall be governed and construed in accordance with the Laws of England and Wales. The Parties hereby submit to the exclusive jurisdiction and procedure of the English Courts.

25.    NOTICE

Any notice to be given under this Agreement shall be in writing and shall be deemed to have been duly given if left at or sent by first class post, registered post or facsimile or other electronic media to a party at the address or relevant telecommunication number for such party or such other address as the party may from time to time designate by written notice to the other.

Any notice or other document shall be deemed to have been received by the addressee two working days following the date of despatch of the notice or other document by post or, where the notice or other document is sent by hand or is given by facsimile or other electronic media simultaneously with the delivery or transmission.