We will provide the services as described in a scope of work or in another form agreed to by both parties. The proposal and the certification guidelines are hereby referred to as the agreement. There can only be a valid agreement where the proposal and certification guidelines are all in agreement.
You and your workers will co-operate with us and not delay our working unnecessarily or without notice.
You will allow upon request access to an accreditation body’s team to witness how we perform our work.
We will apply care, skill and technical expertise, knowledge and experience.
- Information & Documents
You will provide us with information that you have that is relevant to the assignment.
We will use other information that is not confidential.
We will use our own intellectual property.
- Availability of the Client
You must be available for execution of the scope of work and/or audit programme. This may be in various forms including phone calls, meetings, emails, site visits and for the provision of documents related to the project.
You will use best endeavours to provide the necessary information to complete the scope of work. You must not obstruct the performance of our consultant/auditor in meeting the requirements of the scope of work.
- Project outputs & limitations
The deliverables will be as specified in the Scope of Work.
Any information provided by us is based on the best efforts, experience and knowledge of our consultants/auditors.
The deliverables and advice provided by us is not a legal opinion. We don’t employ lawyers and will not provide a legal opinion or anything that should be considered as a legal opinion.
- Costs & Payments
We will invoice you in accordance with the rates and charges in the agreement. Any travel and reasonable expenses will be borne by you. If Compass Assurance Services book and pay for expenses then a 12.5% administration levy will be added to the expense. No levy is added to expenses booked and paid for by you. Travel time will be charged to you at a rate of $125 per hour (ex. GST).
You will pay the invoices for the work carried out within 14 days of the invoices being issued unless specified otherwise in the agreement.
The costs and charges referred to in this agreement are exclusive of GST or VAT or other services tax unless specified in this agreement.
Non-payment will result in the revocation of certification and may attract interest.
If you alter the services to be provided you will be liable for the costs associated with the change of scope of work.
- Use of Certification Marks & Accreditation Symbols
Certification marks must only be used in a way that accurately reflects the scope of certification e.g. Sites and locations and management systems.
You must not use our certification mark or an accreditation symbol in a way that could be misinterpreted as endorsing product certification, laboratory tests, calibration or inspection reports; in any way that suggests a government authorisation or endorsement; in the absence of our logo and yours; or any misleading or ambiguous way.
- Certification Status
You agree to not make any misleading or ambiguous statements with regard to your certification status nor imply your management system certification endorses or certifies a product or service through any medium such as communications, advertising or marketing.
You agree to amend or withdraw advertising or marketing material as required if your certification scope is reduced or your certificate withdrawn or suspended.
You agree not to use your certification in such a manner that would bring Compass and/or the certification system into disrepute and lose public trust.
- Certification Requirements
We agree to give no less than 90 days’ notice of changes to our requirements for certification that affect you (including changes to these guidelines). You agree to comply with certification requirements including changes to certification requirements and to allow Compass Assurance Services access to verify your compliance.
All information used during a project will remain confidential and only be disclosed to authorised parties with your approval.
All project outputs will remain confidential and only be disclosed to authorised parties with your approval, except where certification obligations require information to be made publically available or as required by law.
We expect you to afford us the same sensitivity particularly with respect to project methodology and other trade secrets. This does not extend to telling anyone how much you enjoyed working with us.
- Availability of Resources/Consultants
All resources are subject to availability and the commitments in the agreement or scope of work. Your preferences should be expressed to us as soon as possible. Any changes to agreed scope of work may result in a change to resources.
- Intellectual Property
Any tools, systems, information, methodology and other resources shall remain our property and cannot be used by any party other than you as our client. Intellectual property cannot be resold, traded or passed on by you to any other party without our written permission.
- Project Coordination
We will arrange all logistic and administrative matters arising from the project scope of works unless otherwise agreed.
- Extra Taxes
Any other charges, levies, imposts or duties, may not have been included in the price submitted. These other costs will be applied as required to meet legal and regulatory requirements. We will remain indemnified by you for any legitimate taxes.
- Supply of Information
You may be required to provide useful access to information about your organisation. If access or identification of the information requires our services this will be accounted for by a variation to the scope of work.
- Legal Costs
Any legal costs associated with this engagement will be met by you.
We do not employee lawyers and will not provide legal advice or a legal position. We encourage all our clients to seek legal advice as appropriate.
All postponements must be agreed by both parties. For any postponement occurring within five (5) working days of a scheduled project initiation date will incur a cost of up to 60% of the total project cost. Non-refundable or transferrable travel & accommodation costs will be payable in full.
Written notice is required for either party to terminate this agreement. At the point of termination all costs payable by either party must be paid in order to effect the termination.
These terms and conditions will remain in force for the duration of a current certificate issued by us.
Where an engagement is cancelled by you within 10 working days of the commencement date and we’re unable to deploy resources elsewhere, you will incur a cost of up to 60% of the total project cost. Non-refundable or transferrable travel & accommodation costs will be payable in full.
- Client Sites & Offices
Compass Assurance Services will maintain a record of your certified sites and offices. You must inform us of any closures that are within the scope of your certification as soon as is practicable. Failure to do so is considered a misuse of certification and may result in suspension or withdrawal of certification.
The agreement extends to all sites and subsidiaries included within the scope of certification and all sites and subsidiaries that apply for certification.
- Significant Events
You must inform Compass Assurance Services without delay of any significant events. This includes but is not limited to changes to legal, commercial or ownership status of your business, change of address for any site, change of scope of operations under the certified system, major changes to the management system or to managerial roles. For safety certification this extends to fatal incidents, serious injuries, occupational disease or legal action by a regulatory authority. In addition to this you must inform us of any OHS related findings by third parties before your next audit.
Compass Assurance Services may conduct an additional audit at the client’s expense or take any other action it deems necessary in such a case including suspension or cancellation of a certificate.
- Suspension or Withdrawal
Compass holds the certification process in the highest regard. Client’s certification shall be suspended when:
- the client’s certified management system has persistently or seriously failed to meet certification requirements
- the client does not allow surveillance or recertification audits to be conducted at the required frequencies
- the client enacts a serious breach of the Compass certification guidelines that is not remedied in a timely manner
- the client has voluntarily requested a suspension.
Failure to correct the cause of suspension within 6 months shall result in Compass withdrawing or reducing the scope of the client’s certification or taking any further action it deems necessary.
- Period of Validity
The terms and conditions set out in our agreement, including costs, will remain valid for 2 months after the date of receipt by client unless otherwise specified in the proposal. The certification guidelines are subject to change with 90 days notice by Compass Assurance Services.
Compass Assurance Services will maintain insurances as follows: Professional Indemnity – $5,000,000.00 Public Liability – $20,000,000.00
To the maximum extent permitted by law our liability, in aggregate, to you will be limited to the fees payable within the proposal / agreement.
We will not be liable for consequential losses.
If we are not able to limit our liability to the fees payable within the proposal / agreement our liability to you will be limited to re-supply of services.
You will release us, our employees, agents, sub-consultants and servants, from all liability to you one year after the cessation of any certification made by Compass Assurance Services.
You will indemnify us from any claim by or liability to a third party associated with the delivery of this work including the costs of defending or settling such a claim.
This Agreement shall be assessed and interpreted under the laws of Queensland, Australia. Both parties submit entirely to the jurisdiction of the Queensland courts of law and non-exclusive jurisdiction.
Your proposal including the scope of work.