Legal – Terms and Conditions

Terms and Conditions

  1. Scope

This document sets forth the Terms and Conditions of CertMark International Pty Ltd (CMI) ABN: 80 111 217 568 governing all services supplied to its clients.

These Terms and Conditions along with our Privacy Policy, Scheme Agreements and other posted guidelines within our website and/or supplied to Clients, collectively Legal Terms, constitute the entire agreement between the Client and CertMark International.

CMI reserves the right to alter or change these Terms and Conditions at any time.

  1. Definitions
  • Additional Fee– Fees in addition to quoted/expected work.
  • Applicant– The legal entity wishing to gain certification.
  • Applicant Evidence– Material provided to CMI as supporting evidence for certification by the Applicant.
  • Authorised Representative– Person who has been nominated as CMI’s point of contact for the Applicant.
  • Certificate– The document entitled Certificate of Conformity issued by CMI.
  • Certification Scheme– Refers to the Scheme in which the product is being certified too.
  • Certification Terms– CertMark International’s Terms and Conditions.
  • Confidential Information– All information, knowledge, commercial information, intellectual property, drawings, samples, demonstrations and other description, whether subject to or protected by copyright, patent, trademark registration or unregistered of otherwise, which is designated as confidential or which by nature is confidential or which is disclosed in circumstances importing an obligation of confidence, disclosed or communicated directly or indirectly (whether in writing or orally) before and after the date of the Certification Agreement by either Party to another.
  • Fee– Non-refundable fees associated with the certification activities.
  • Suspension– When a current Certificate is placed on hold due to a breach and is invalid until the breach has been rectified to a condition acceptable by CMI.
  • Licenced Certification Mark– Any symbol, word and/or other signs that signifies that a product, process and/or service has been certified by CMI.
  • Intellectual Property– All rights, including the right to apply for registration, with respect to any creative effort resulting from intellectual activity in any fields, including but not limited to patents, patentable inventions, registered and unregistered trade marks (including services marks), copyright, and Confidential Information.
  • Materials– Products, information and promotional material about the product, process and/or service.
  1. Terms

3.1 All Agreements must be adhered to by all CMI Applicants, Certificate Holders and/or Authorised Representatives of the Applicant or Certificate Holder.

3.2 The Certificate Holder may use a Certification Mark in their promotional material in line with these Terms and Conditions.

3.3 The Applicant or Certificate Holder may ONLY use the relevant Marks and/or Logos on product/s certified by CMI.

3.4 The Applicant or Certificate Holder agrees to abide by all rules and governance established under the Scheme.

3.5 The Applicant or Certificate Holder must supply CMI with all relevant information in relation to the product.

  1. Fees

4.1 General – All fees are required to be paid prior to commencement of the certification activity, as detailed on the quote and subsequently the invoice.

4.2 Invoicing & Payment Terms – All invoicing is conducted as per the agreed upon quote and are sent via email. Payment terms for all invoice, unless otherwise decided by CMI, is fourteen (14) days. Failure to pay an invoice on time, without cause, will result in an administration fee of 5% of the total of the invoice being added to the invoice.

4.3 Expenses – All additional expenses that have resulted from the certification activities, such as travel and accommodation are billed accordingly. Expenses incurred are not included in the quote.

4.4 Travel time is applicable from start of journey to arrival at premises and is based on an hourly rate as stated on your quote.

4.5 Air fares are billed as incurred.

4.6 Accommodation is based on a suitable venue located near the Client’s premises if required.

4.7 Refund – All fees payable are non-refundable, as such CMI shall be under no liability to refund fees paid by the Certificate Holder.

4.8 Re-booking Fee – If an audit is cancelled within fourteen (14) days of the audit date or is required to be completed on a different date, an additional fee will be invoiced at $500 (ex GST) for administrative costs, and any travel or accommodation booked (expenses) may still be payable, along with any new expenses incurred as a result of the change/cancellation.

  1. Assessment

5.1 The Applicant, Certificate Holder and/or Authorised Representative agrees to adhere to the applicable CMI procedures and policies which includes providing CMI’s employees and contractors with all the assistance required to complete the required services.

5.2 The Applicant, Certificate Holder and/or Authorised Representative must promptly comply with any reasonable request from CMI in relation to the Applicant or Certificate Holder’s certification activities.

5.3 The Applicant, Certificate Holder and/or Authorised Representative is responsible for advising CMI of any safety hazards, special training requirements or relevant Personal Protective Equipment (PPE) that will be supplied in order to conduct relevant audits for the Applicant or Certificate Holder.

5.4 The Applicant, Certificate Holder and/or Authorised Representative warrants that all information provided to CMI, is complete and accurate to the best of their knowledge.

  1. Certification

6.1 Certification will be granted by CMI if the Applicant’s product, process and/or service complies with the relevant standards and/or clauses under which the Applicant is seeking certification for.

6.2 If certification is not granted, the Applicant will be notified and advised of appropriate actions to gain certification. An appeal may be lodged with CMI (please refer to section 20).

  1. After Certification

7.1 The term of certification is issued in accordance with the certification Scheme.

7.2 The Certificate Holder must maintain the product, process and/or service, in the entirety of when it was certified.

7.3 Any changes made to ANY aspect of the company, product, process and/or service must be reported to CMI within thirty (30) days, along with any relevant evidence. A review, including any relevant audits that need to take place, will be conducted at the expense of the Certificate Holder.

7.4 Failure to notify CMI of any changes may result in suspension of the Certificate.

7.5 The Certificate Holder may not alter, modify or change the Certificate issued to them by CMI.

7.6 If changes and/or alternations are required or requested, a Change to CoC form is required to be completed detailing the requested changes. Subsequent works are billable to the Certificate Holder.

7.7 The Certificate may be suspended if CMI finds:

  • The Certificate Holder is in breach of the Terms and Conditions;
  • The Certificate Holder has unpaid, overdue invoices;
  • Changes are made to the company, product, process and/or service without notification to CMI within thirty (30) days

7.8 Incorrect use or reference of the Certification Scheme, or misleading use of the Certificate of Conformity, Mark or Conformity and/or the Licence Number shall be rectified immediately to the satisfaction of CMI.

7.9 All rules and governance of the Scheme Rules and CMI are to be abided by at all times.

7.10 Certification is based only on the approved evidence supplied by the Applicant.

7.11 The Applicant and/or Certificate Holder has the right to lodge a complaint and/or appeal with CMI during any stage of the certification activities, this can be completed via the CMI website.

7.12 The Client indemnifies CMI from and against all expenses, losses, damages and costs (for a Solicitor or own Client basis, and whether incurred by or awarded against CMI) that CMI may sustain or incur as a result, whether directly or indirectly, of any breach of Agreement and/or CMI’s Terms and Conditions by the Client.

7.13 The Client warrants that all information provided to CMI is complete and accurate to the Client’s best knowledge.

7.14 Compliance to the Certification Agreement, CMI’s Terms and Conditions and the Scheme Rules is mandatory in order to continue certification.

7.15 All audits are required to be completed in a timely manner, in order for certification to remain current.

7.16 The Certification Agreement must be adhered to by all CMI Applicants, Certificate Holders and/or Authorised Representatives of the Applicants or Certificate Holders.

  1. Assessment

8.1 Additional Audit work beyond the Scope of Certification, including but not limited to, addressing outstanding or abnormal issues, Non-Conformities, follow-up audits, addition to or change to Scope of Certification, etc., will be charged at the relevant daily rates current at the time. This daily rate is subject to change. Additional Audit work will also incur travel, accommodation and disbursements charges.

8.2 We will try to give you indicative fees, however; as additional work, will be billed as actual time, we will not be able to provide you with a firm quotation. Depending on the nature of the additional work, an indicative costing will be supplied to you prior to the commencement of the certification activity.

  1. Product Complaints / Queries

9.1 In the case of a formal complaint/query against your product, CMI is obligated to investigate fully. CMI defines a formal complaint/query as a notification received through the CMI website, or via verbal or written communication with any CMI staff member, received from any Building Consent Authority, Government Body or Industry Group or Purchaser of the Certified Product.

9.2 Investigation of complaints/queries include but are not limited to:

a. Contacting you about the complaint/query;
b. Contacting the complainant;
c. Attending meetings both formal and on-site as required;
d. Mediating between government departments as required;
e. Providing reports as required.

9.3 Any and all charges (fees incurred) relating to complaints/queries against your certification and/or product are required to be paid by you unless CMI has expressed otherwise.

  1. Annual Audits

10.1 Annual Surveillance Audits are a mandatory requirement of certification under all Schemes offered by CMI. The Annual Audit is to be completed around the anniversary of the last audit that was conducted.

10.2 This Audit is completed to ensure that all parts of certification are being abided to and completed to the standard of which the initial certification was issued, as a minimum.

10.3 The Annual Audit will include the following:

• An Auditor completing an onsite audit;
• An Audit report being compiled and issued to you for your records; and
• Re-registration with the regulatory bodies, as required under the Scheme, upon successful completion of the Annual Audit.

10.4 Two months prior to the due date of your Annual Audit, you will be contacted by a CMI Team Member to start preparations.

10.5 Annual audits are a prerequisite for the continuation of certification. Annual audits are conducted on/around the anniversary of certification. Failure to complete the required Annual Audits will result in suspension of certification.

10.6 A CMI Auditor is required to complete an inspection and evaluate the Certificate Holder to the relevant and applicable Codes and Clauses, as indicated under the Scope of Certification on the Certificate.

10.7 Non-Conformities may be issued during the Annual Audit. The Certificate Holder is required to action these Non-Conformities in accordance of the direction given by CMI. Failure to correct the Non-Conformities may result in suspension of the certification.

10.8 All information required for the Annual Audit is to be made readily available for the time of the audit. Failure to do so may result in Non-Conformities being issued.

10.9 Failure to complete an Annual Audit will result in suspension of the Certificate.

10.10 Annual Audit quotes are currently based on one Auditor for one to three day’s work (depending on the relevant Scheme).

10.11 Travel and accommodation are incurred at any additional fee. A firm price will be advised in your Annual Audit quote.

10.12 An audit cancellation fee will be invoiced at $500 (plus GST) if the audit is cancelled within fourteen (14) days of the audit date.

  1. Re-Accreditation / Renewal

11.1 A Re-Accreditation is completed upon the expiry of your certification or 3 years following your initial certification date if your Certificate does not include an expiry date and is completed on top of Annual Audits.

11.2 For the purpose of the Re-Accreditation Audit, a full review of the Certification is required. The Evaluation Methodology and all current supporting documentation is to be reviewed to ensure validity of the relevant information, this does not cover any new documentation, including new manuals.

11.3 The Re-Accreditation Audit will include the following:

• A full Technical Review of existing documentation and supporting evidence;
• A full review of the Certification Agreement & Evaluation Methodology;
• A full review of the Certificate of Conformity (CoC);
• Upgrading the CoC and re-submission registration with the Regulatory Bodies, as and where required under the relevant Scheme;
• A full review of any complaints and Non-Conformities received during the life of the Certification.

11.4 If, for whatever reason, additional or amended documentation is to be introduced at the time of a Re-Accreditation, an Application detailing the changes is required to be submitted prior to the commencement of a Re-Accreditation. The review of any new certification evidence is billable separate of the Re-Accreditation.

11.5 After the term depicted by the Certification Scheme, the certification is required to be renewed.

11.6 Failure to complete the renewal of a certification, results in the Certificate and Licence Number being withdrawn.

11.7 The certification activities pertaining to the renewal of a certification is dependent on the risk of the product.

11.8 Two (2) months prior to the renewal date, a Client Manager will advise the audits that will need to be undertaken and supply the Certificate Holder with an invoice for the renewal certification activities.

  1. Limitation to Liability

12.1 Excluded from this document are all terms, conditions, warranties, general law and implied or conferred by statute (including the Trade Practice Act, 1974).

12.2 CMI reserves the right to follow are required liability to the existent of the law.

12.3 CMI excludes liability for any loss or damages suffered by the Applicant or Certificate Holder arising in any way out of any services rendered by CMI.

12.4 CMI by issuance of a Certificate, does not in any way warrant, guarantee or recommend the product which is the subject of the Certificate.

  1. Indemnity

13.1 The Applicant, Certificate Holder and/or Authorised Representative must indemnify CMI from and against all expenses, losses, damages and costs (on a Solicitor and own Client basis and whether incurred by or awarded against CMI) that CMI may sustain or incur as a result, whether directly or indirectly, of any breach of these Terms and Conditions by the Client.

  1. Termination

14.1 The Licence terminates on the expiry date of the Certificate, unless otherwise renewed, or when the contract is terminated by either party.

14.2 The Applicant, Certificate Holder and/or Authorised Representative may terminate the Contract with CMI at any time. However, fourteen (14) days of written notice by the Point of Contact must be supplied. During the termination of the Contract with CMI, the Certificate Holder (soon to be former) must comply with these Terms and Conditions.

14.3 If a Certificate Holder’s Certificate is suspended, withdrawn or the contract is terminated with CMI, the Certificate Holder and/or Authorised Representative must immediately:

• Pay any outstanding invoices to CMI;
• Cease to use any Certification Mark/s supplied to the Certificate Holder by CMI;
• Withdraw from public display and return to CMI the original and any copies of the Certificate;
• Cease using promotional material including advertising and any other publications that list the Certificate and/or any Marks;
• Take the necessary steps to notify staff, suppliers and customers the certification has been withdrawn;
• Take the necessary steps to ensure that third parties are not mislead to believe that certification is still current;
• The Certificate Holder must not disclose any information provided by CMI to an outside third party without the consent of CMI.

14.4 CMI may terminate the contract with the Certificate Holder if the Certificate Holder is found to be in breach of CMI’s Terms and Conditions and fails to rectify the breach.

  1. Confidentiality

15.1 All Confidential Information provided to CMI by the Applicant, Certificate Holder and/or Authorised Representative is for the sole purpose of consideration, advisement and/or evaluation for the certification activities.

15.2 CMI ensures that all of its employees, contractors and agents treat all information supplied by the Applicant, Certificate Holder and/or Authorised Representative as confidential and as such does not disclose any information without consent from the Client. All information provided by the Client remains the property of the Client.

15.3 All Parties acknowledge that any breach of the Terms and Conditions may result in legal action.

  1. Certificate of Conformity

16.1 The Certificate is a legal document issued under the requirements of the relevant Scheme and Scheme Owner and as such must state the following:

a. Product name
b. Name, street address, phone number and website of the Certificate Holder
c. The Scope of Certification including:

• Code and clauses the product complies to
• Any conditions and limitations applicable to the Product
• Product description
• Product purpose or use
• Date of issue
• Date of expiry
• Month and year of revision (where applicable)
• Approved signature/s
• Certificate Licence Number
• Certification Marks

16.2 The certification Licence Number is issued to the Certificate Holder. If revisions or amendments are made, the addition of (Rev#) is added to the end of the Certificate Licence Number and a new Certificate is issued after approval from the relevant regulatory bodies.

  1. Operation of the Certificate of Conformity

17.1 All Marks and/or Logos supplied to the Certificate Holder by CMI are to be used only in relation to the relevant guidelines.

17.2 CMI agrees that it will not disclose any information provided by the Certificate Holder to any other party, nor publish, use, reproduce and/or copy the Confidential Information, or allow it to be published, used, reproduced and/or copied by any other party without prior consent from the Certificate Holder, unless required by law.

  1. Conformity and Control of Non-Conformances

18.1 Non-Conformity – The Applicant or Certificate Holder will have documented procedures to monitor procedures and any Non-Conformances that may arise. CMI are to be notified immediately of any Non-Conformances.

18.2 Conformity Processes – Processes affecting product quality will be measured and analysed on a regular basis.

  1. Performance and Improvement

19.1 Quality System Performance – At regular intervals the Applicant or Certificate Holder will conduct internal audits to determine conformity of the Quality System and that it is effectively implemented and maintained.

19.2 Continuous Improvement – The Applicant or Certificate Holder will strive for continuous improvement of both the Product and its policies and procedures. All Staff Members are required to be properly trained and continuous support will be offered by the Applicant or Certificate Holder.

  1. Certificate Holder’s Obligations

20.1 The Applicant/Certificate Holder shall:

i) Comply with the Certification Agreement and Evaluation Methodology.
ii) Comply with the Terms and Conditions set by CMI on the CMI website.
iii) Comply with the relevant Scheme Rules.
iv) Maintain a quality system incorporating a Product Quality Plan.
v) Ensure that the product is manufactured in accordance with the Product Quality Plan and continues to fulfil the requirements as what has been evaluated during certification.
vi) Only purchase materials approved for use in the product, as detailed in the relevant documentation at initial certification.
vii) Only provide CMI with documentation owned by the Client/Certificate Holder, or where not owned by the Client/Certificate Holder, the authority has been provided by the owner of the documentation to distribute to CMI for the purpose of the certification and/or activities requested.
viii) Notify CMI of any proposed change/s, modification or alteration to the product or the organisation (including the Manufacturer).
ix) Notify CMI of any reason to suspect the product does not comply with the Scope of Certification granted.
x) Reproduce the Certificate of Conformity only in its entirety.
xi) Ensure all supporting information is available upon request.
xii) Ensure that the product is identified by applying the mark of conformity to the certified product or packaging where the product is not feasible.
xiii) Always fulfil the requirements, including implementing appropriate changes when they are communicated by CMI.
xiv) Not use the; Certificate of Conformity, Mark of Conformity, Badges and Licence Number in such a manner that brings CMI or any government body into disrepute.
xv) Not make any statements regarding the product certification which may be considered misleading or unauthorised. If it is deemed that the Certificate Holder has acted in this manner, the Certificate Holder is required to correct any misconduct or misrepresentations at the expense of the Certificate Holder.
xvi) Make all the necessary arrangements to comply with the stages of certification as deemed applicable by CMI.
xvii) Investigate any and all complaints. Further to this, a complaints register shall be kept and shall be available to CMI upon request.
xviii) Correct any and all Non-Conformities that may arise during certification.
xix) Only make claims regarding certification consistent with the Scope of Certification.
xx) Pay all fees associated with certification.
xxi) Ensure reports and testing are maintained and updated accordingly.
xxii) Ensure all sections of the relevant manuals are adhered to at all times.
xxiii) Raise any Non-Conformances with CMI immediately.
xxiv) Provide CMI’s employees, contractors and agents with all the assistance deemed required by CMI to complete the certification services requested by the Client, including but not limited to premises, facilities, documents and/or records of the Client and the Client’s contractors and/or agents.
xxv) Promptly comply with any reasonable request from CMI.
xxvi) Whilst a CMI representative is conducting any relevant audits, be it on the Client’s premises, the Client’s agents or a contractor’s premises, the Client accepts responsibility for the safety of said CMI representative, including the provision of all relevant and safety clothing and/or equipment and advisement of any safety hazards or special training requirements.
xxvii) Periodically check the CMI website for relevant notices.
xxviii) Ensure that all publicly available information is not misleading and in line with the CMI’s Terms and Conditions, the relevant Scheme Rules and Australian Laws and Regulations.

  1. Use of Certificate, Badges, Logos, and Licence

21.1 The Certificate Holder and/or Authorised Representative must not modify, deface, alter or destroy the Certificate, Badges, Logos, and Licence issued by CMI.

21.2 The Certificate Holder and/or Authorised Representative may publicise that the Licence has been granted and may use the Certificate, Badges, Logos, and Licence as evidence in accordance with the Scheme Rules and CMI’s Terms and Conditions. The Licence Number must be legible at all times, digitally or in print.

21.3 The original and all copies of the Certificate of Conformity, Mark of Conformity and Licence Number remain the property of CMI and/or the Scheme Owner and must be return if requested.

21.4 The Certificate Holder and/or Authorised Representative warrants to CMI that the Licenced Certification Mark is used only in accordance with the Licence.

21.5 The Certificate Holder and/or Authorised Representative must indemnify CMI from and against all expenses, losses, damages and costs (on a Solicitor and own Client basis and whether incurred by or awarded against CMI) that CMI may sustain or incur as a result, whether directly or indirectly, of any breach of these Terms and Conditions by the Client.

21.6 These terms are intended to be consistent with any applicable Rules and to the extent that there is any inconsistency between any of these terms and any applicable rules, the rules will prevail.

  1. Complaints and Appeals

22.1 Any and all complaints pertaining to CMI, certification activities and/or Certificate and Licence Number/s should be submitted by the ‘feedback’ section of the CMI website.

22.2 Any and all appeals pertaining to the decisions of certification activities and/or Certificate and Licence Number/s should be submitted by the ‘feedback’ section of the CMI website.

  1. Notices

23.1 CMI, from time to time, will notify the Applicant or Certificate Holder of changes that are made to either the Scheme or CMI’s Terms and Conditions.

23.2 For notices that require action by the Applicant or Certificate Holder, a time frame that the action is required by will be issued alongside the notice.

  1. Acceptance of Terms and Conditions

24.1 Any use of CMI Certificate, Badges, Logos, and Licence shows agreeance and acceptance of these Terms and Conditions.