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Background
of AUS-QUAL Certification
Services and License Agreement
·
AUS-QUAL is a certification that gives the
assurance of assessment services in the related material.
·
The client can agree to get connected with
AUS-QUAL to facilitate the services, and ASU-QUAL to accept the engaged
conditions, apply and set the terms for this agreement.
·
The ABN 44 082 528 881 is the owner of the
AUS-QUAL marks with AUS-MEAT limited, and the AUS-QUAL marks had the license to
administer and the use according to the rules of the AUS-QUAL Marks.
·
The client is supposed to be the provider
and supplier of the goods or services, which is wished by the AUS-QUAL marks
according to the rules and proper requirements of the certification.
Agreements
1.
Definitions
and Interpretations
Definitions of AUS-QUAL Certification Services
and License Agreement
started with a capital letter
Accreditation
Body is the body which gives the evaluation for the inspection and
certification of the authorities in relation associated with similar
certification including, but without any limitations to IOAS, and JAS-ANZ;
Audit Scope means
the procedure of the management system or the services of the client to
evaluate the assessment of the subject for the certification through a
certification scheme in the given schedule 1;
AUS-QUAL MARKS means
the trademarks certification which is highlighted in Schedule 2;
A certificate means
a confirmation letter delivered to the client to meet the requirement of the
certification.
Certification means
the AUS-QUAL give the certification to their clients with the audit scope,
according to the rules which are against the standards of the AUS-QUAL.
Certification Scheme the
certification system of the AUS-QUAL as mentioned in schedule 1;
Commencement Date means the
date which is given in program 1;
Confidential Information means
to hide the information of the data, which is commercially valuable, such as
technical data, materials, and documents, specific processes, reports,
invention, drawings, technology formulae.
Fees: expenses
and fees which are specified in schedule 1;
GST: means
the General sales tax in the GST LAW.
GST LAW:
GST LAW means the same as it is given in the section of the 195-1 in the act of
1990 as A New Tax System.
Intellectual Property means
the how-know of the secrets of trading and the copyrights of the designs of the
trademarks no matter they are registered or not.
IOAS, the
abbreviation of International Organic Accreditation Services.
JAS-ANZ means
Joint Accreditation Systems of Australia and New Zealand;
Rules mean
the AUS-QUAL Marks use these governing rules that have been registered and
logged in with trademarks registration.
Services the
evaluation of the maintenance of the grant certification and other different
services described in schedule 1;
Standard Owner the
standard owner program discuss in the plan 1;
Standards
mean the standardized code of the applications towards the evaluation can be
made for the certification as given in method 1;
A term which
is referred to in clause 2.
The
term is also defined as a phrase, word which gives meaning to another part of
speech as a grammatical form in which a word has a double meaning in any
phrase.
Presumptions of Interpretation
The
denotes word which is needed by the context
(a) The plural denoted by the singular and as
vise Versa
(b) An
individual is included as a person, and a government is corporate by a body.
Successors and assigns of AUS-QUAL Certification Services
and License Agreement
The executors who were related to any
party, including any referred and document and agreement, the permits, and the
substitute of any assignment or any novations were assigned by the legal
representative and administrators.
Term:
This
agreement is started on the issue date and continues until it is closed out
according to the 17th clause of the contract.
Services
Appointment:
The
AUS-QUAL appoints the client on different terms and conditions that are
Allowed, and then the AUS-QUAL accepts the appointment of any client.
Other
Appointments : During the term and the appointment, no
one is allowed to give the information of AUS-QUAL until and unless he joins
the AUS-QUAL, and when he becomes a member, he is also be provided by all the
facilities and services as other clients are having.
Testing
Services of
AUS-QUAL Certification Services and License Agreement
Testing
services were necessary as it was the requirement of the certification, to have
the analytical testing, the testing would be taken out by any nominated
provider of the ASU-QUAL as it is stated in method 1;
Obligations
of AUS-QUAL
Compliance
with laws
AUS-QUAL mus maintain the following terms
(a)
The appropriate workers recompense the
insurance as it is needed by the law for their employees; and
(b)
The professional amended in the amount of
almost 2$ of each claim
(c)
The appropriate cover of public
susceptibility insurance.
5. Client Obligations
5.1
Assistance and Access
The client costs are given by the AUS-QUAL
(a)
All assistance
(b)
Records and documentation of the examiners
(c)
Give access to all the central locations, tools,
areas, and the client's subcontractors.
The AUS-QUAL reasonably required
(a)
By getting in connection with services of
the provision
(b)
Under this agreement of the client’s
obligation is the purpose of reviewing the performances of the client.
Requirements of AUS-QUAL
Certification Services and License Agreement
5.2.2 The certification requirements
should be followed by the clients, and they must make significant changes to relate
to the previous needs when the AUS-QUAL communicates the clients.
5.2.3 The client should make sure that
process management and the services would meet the standards correctly, to
apply the certification for the management system services of the products.
5.3
Compliance with the law of
AUS-QUAL Certification Services and License Agreement
The client should be adherent toward all
the laws while performing the responsibilities under this agreement.
5.4
Observation and standard owners of AUS-QUAL Certification Services and License
Agreement
5.4.1 The client admires and agreed on the
observation which is provided by the AUS-QUAL, and they may purpose the meaning
of the audit of the company
(a) By giving technical advice
(b) By having AUS-QUAL auditors in the
internal audits
(c) And by training the new auditors.
The client concour all of the standard owner without notice and achieve his audit or the premises of the client's visit and reacting to the complaint or take adherence activity as a part of daily routine to make sure the compliance with accurate standards. To witness the auditing process of the AUS-QUAL accreditation body and the accreditation programs are the part of the AUS-QUAL auditor's operation, and these can select the clients as a subjet of observed audit, and then the client will cooperate with them
5.4.3
The
employee nay agreed on the contacts of the standard owner and client’s feedback
on certification and related process.
5.4.3
On
this agreement of AUS-QUAL, it was
imposed on the observers to maintain the confidentiality of the work.
5.5
Accreditation Body witness audits
5.5.1
The
client should keep this in mind that the Accreditation body is needed,
according to the certification body management responsibilities, the
accreditation auditing process allows the client by the company to observe as
it the necessary part for the auditors of AUS-QUAL, after seeing this process
the accreditation body choose a client as a subject to cooperate in this
respect.
The Company AUS-QUAL will not charge the
extra pay for having any audit which is helding by the accreditation body.
In the agreement of the AUS-QUAL, the
company aware of the Accreditation Body to maintain confidentiality.
Complaints
The client should be
(a)
May have the authority to register the
complaint regarding its certification.
(b)
The investigation should be conducted
against his complaint
(c)
The Documented actions should be taken out
against the complaint
(d)
Details of any complaint should be
available in the AUS-QUAL; the client has them after giving application to
AUE-QUAL.
Notifications
of AUS-QUAL Certification
Services and License Agreement
The client should inform the AUS-QUAL
before doing any delay, about any of the events that affect the quality of the
standards.
The clients must get noticed the AUS-QUAL
within the 24 hours of having any violations, withdrawals, penalties which pay
a negative impression on the standard owner of the AUS-QUAL.
The client should get notified within 24
hours about any of the incidents to the standard owner if it is required.
Provision
of certification documents to third parties
The copies of Certified papers should be provided by the
client to the AUS-QUAL if they are given these papers to the third person, as
it is mentioned in the certification scheme.
6. Fees
and expenses
6.1 Payment
6.1.1
AUS-QUAL
may
(a) the client’s salary can be provided
after the end of the month calendar in which the client is provided the
services.
(b) the client's salary should be decided
after the provided services in schedule 1
6.1.2 The client should be paid after 14
days of joining date of the AUS-QUAL.
6.1.3 The salary would be deducted on the
non-existing days, and travel expense may also be given by the AUS-QUAL, the
amount will be refundable on postponement occurs after the confirmation date,
from the assessment or another issuance date, or it is confirmed later on
within four weeks of the cancellation.
The AUS-QUAL had the right to high and low
the amount of the audit on the rate of per hour, and this formula is specified
in plan 1, where evaluation and visitation have been taken more time than
estimated by AUS-QUAL.
6.2 Annual review
The annual fees of the subject will be
reviewed by AUS-QUAL.
7.
Certificate
7.1
Issue
7.1.1
the
question, according to clause 7.1.2 as per the result of the provided services
with whom the AUS-QUAL is satisfied, and the client meets the requirements of
certification, must create an issue for the client with a certificate.
7.1.2
The
AUS-QUAL had no problem if the client has the certificate with the clause of
7.1.1, unless and until they are receiving the amount of the fees, as mentioned
in the agreement.
7.2 Validity
7.2.1 The validity of the
certificate remains for a significant period until the validity of the
certificate is canceled according to clause nine and modify according to clause
17.
7.2.2,
the
client should not represent any process, management system, product, and
services of the subject certification from the AUS-QUAL unless the given time
of the certificates validation.
7.3
Client’s obligations
The client should be:
(a)
Confirm the basic needs of the AUS-QUAL
while referring the certification status for the media communication including
the internet, advertisement of the documents, and other brochures.
(b)
Do not take permission on any inaccurate
statement regarding their certificate.
(c)
Do not use the permit and certification
document in any kind if it is presented in an unmanageable manner.
(d)
On the withdrawal of the certification, do
not further use or advertise the accreditation in any other way as it was
stated in the AUS-QUAL.
(e)
When the scope of the certification would
be reduced, change all the matter of advertisement of the certification.
(f)
It is not allowed to use the references
for the certification as it was imposed on the AUS-QUAL and does not use the
process of the management system and the services for outside resources.
(g)
Do not apply the activities and the sites
of the certification, which is provided from the outside source of the
certification.
(h)
Do not use the certification in the wrong
manner except as they were given in the AUS-QUAL; using the certification
scheme or certification system in the wrong way they may lose the public trust
and decreased the reputation in public.
Compliance
of AUS-QUAL Certification
Services and License Agreement
The client should
show compliance towards the rules and the standards in respect of the
production process with the audit scope with validity as per the given time of
each certificate.
9.
the
AUS-QUAL has the authority to suspend the validity of any document if it is
considered for AUS-QUAL and the client is violating clause eight or if he
violates the rules or standards of the certification.
9.1.1
if
the certificate of the client
suspended according to the clause 9.1.1
(a) the client should immediately bond and
representing that it is certified.
(b) The client instantly seals the use of
the AUS-QUAL marks;
© and it is notable in writing without
limited clause 9.1.1(b) by AUS-QUAL, and after having this client immediately
withdraws all the packages, direct marketing, advertisement of all promotional
and public relationships, and bearing the different material.
AUS-QUAL marks prefer most of the written
consent, and then cover and remove the AUS-QUAL marks.
10
Records of
AUS-QUAL Certification Services and License Agreement
The client should keep records of the
standards which is included in the AUS-QUAL required and have the records of
the customer complaints. These records helps and make to take action on this
complaint by the AUS-QUAL.
11
Confidentiality and disclosure
11.1
Confidentiality of
AUS-QUAL Certification Services and License Agreement
11.1.1 the AUS- QUAL certification user
has no authority to disclose the documents or any personal data of the
customer, as it will be mentuioned in the clause of 11.1.2 . The certificate
holder must hide the data, documents of the person and make sure to keep them
confidential. And they may be disclosed by signing the consent from the client;
(a) The terms of the agreement
(b) or any other confidential information
which is given by the a party and transfer to the other party who is connected
with the relevant contract.
11.1.2 the parties' duties under the clause of 11.1.1 to do not apply the confidential information.
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