Certification Agreement – Alcumus Bangladesh

Certification Agreement

1. This agreement is made between Alcumus Bangladesh, a business unit of Alcumus Bangladesh and the company or organization (the “Client”) named in the attached Certification Contract.

2. Scope of Agreement

Alcumus Bangladesh agrees to provide the Client with the service for the location(s) and the scope as detailed in the price quotation – part of this contract document. The Client agrees to the provisions of this Agreement and all attachments.

In order that Alcumus may provide the Service, the Client agrees to supply Alcumus with all the necessary information about their facilities.

Client requested service visit dates must be confirmed with Alcumus Bangladesh in writing after receipt of signed contract. No service visit dates requested by clients prior to the return of the signed engagement details can be guaranteed.

Unless agreed to in writing, nothing expressed or implied between the client and Alcumus Bangladesh personnel is considered binding.

Client allows Alcumus Bangladesh to use its logo on their advertising and marketing material.

Alcumus Bangladesh publishes list of certificates issued, suspended, withdrawn. The information includes details like, name, address and scope of the certificate and certification validity. Client allows Alcumus Bangladesh to publish the details in this list.

Alcumus Bangladesh will provide its clients any changes that may take place to its certification requirements and the same will be verified by Alcumus Bangladesh for all its clients for compliance.

Client is to inform Alcumus Bangladesh any changes that may effect the capability of the management system to continue to fulfill the requirements of the standard used for certification e.g. Changes related to legal, commercial, organizational status of ownership, organization and management, address and sites, scope of operations under certified management system, major changes to certified system and processes.

3.Terms of Payment

Fees quoted in the Engagement Details will remain fixed for a period of thirty-six (36) months from the date of signing the letter or validity of the certificate, whichever is earlier. All fees quoted are exclusive of taxes, travel and sojourn.

The Client agrees to pay fees as assignment services are rendered. The invoice will be presented at the beginning of the audit and is expected to be paid before the team leaves the site. Fees for the initial registration assessment must be paid before the registration certificate is issued. Any amount not paid within 30 days of the date of the invoice may be subject to additional fees of 1.5 % per month, or the maximum rate permitted by applicable usury laws, whichever is greater. In the event that the fees are not paid within the agreed time frame, Alcumus Bangladesh may terminate this agreement with five days’ notice and will not be liable for any resulting loss, cost, or expense and the registration certificate shall be deemed canceled.

Fees for special purpose visits e.g. to verify implementation of corrective actions, on receipt of customer complaints, changes / revisions in the management systems which the Client has reported as having an effect on the registration, change in address , scope of the certified management system, changes / revision in management system standard etc. are not included in the fees quoted. This may include additional audit time and will be invoiced to the Client at rates in effect at the time of the visit.

Certificate shall be issued only on clearance of all payments. The Client agrees to reimburse Alcumus Bangladesh for the following as incurred:

Expenses which generally include travel, meals, car rental, visa charges, local travel,lodging and travel time.
An administrative fee (covering report preparation, cost of one certificate per registered site, telephone, fax, etc.) as specified in the Certification Contract will be charged.
Additional copies of certificates are available at a cost of $200 per certificate.
Client changes made to certificates after the client’s initial approval will be charged at $100 for processing the change and $200 for each revised certificate issued. In case an additional visit to client premises is required to verify the changes after the initial approval will be charged at the prevailing man day rate.
If any certificates misplaced / lost by the client, copies of the same can be made available at a cost of $200 per certificate.

Additional accreditation marks are available at an additional fee on request.

Alcumus Bangladesh is not responsible for unforeseen circumstances encountered during the delivery of the Service which may require additional time or expense, and could result in our inability to complete the assessment as specified in the Certification Contract. Alcumus Bangladesh reserves the right to pass on to the Client additional costs arising from services requested by the Client which are not listed on the Certification Contract.

4. Termination

This agreement shall be valid up to expiry of certificate issued against this agreement.

Either party may terminate this agreement by written notice to the other, at least three months prior to the next scheduled service assignment date;

if the other party is in material breach of this agreement and such breach remains uncured five days after receipt of written notice thereof;
if the other party (i) files for voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against such other party and such involuntary petition is not dismissed within 30 days from the date of the filing thereof, (ii) is unable or admits in writing an inability to pay its debts as they come due, (iii) makes a general assignment for the benefit of its creditors, (iv) is adjudicated as bankrupt or insolvent, or (v) dissolves, liquidates or sells substantially all of its assets.

This agreement shall be terminated if payments due to Alcumus Bangladesh are not settled within 60 days from the invoice date or as payment terms agreed mutually.

This agreement can also be terminated if the certified client has failed to meet the requirements of the Rules for Certification and Certification Process.

In the event that this agreement is terminated, the registration certificate shall be deemed to be canceled and the client has to stop using the certification and registration marks with immediate effect.

5. Liability

Alcumus Bangladesh or its personnel shall not have any liability to the Client for any claim, loss, damage or expense resulting from, relating to or arising out of Alcumus Bangladesh’s performance of the Service except to the extent resulting from the negligence or willful misconduct of Alcumus Bangladesh or its personnel. In the event of any claim, loss, damage or expense incurred by the Client as a result of the negligence or willful misconduct of Alcumus Bangladesh or its personnel in the performance of the Service, Alcumus Bangladesh’s maximum liability to the Client shall be limited to the amount of the fees paid to Alcumus Bangladesh for the Service under this agreement.

6. Force Majeure

Alcumus Bangladesh shall not be liable in any respect should it be prevented from discharging such obligations as a result of any matter beyond its control which could not be reasonably foreseen.

7. Law

The contract to which this agreement applies is governed by the laws of Bangladesh, and the parties submit to the jurisdiction of the courts of Bangladesh, and all notices and proceedings served will be deemed to be duly served if sent by pre-paid registered mail to the address of the party.

8. Indemnity

The Client will indemnify and hold harmless Alcumus Bangladesh and its personnel from and against any and all liabilities, damages, claims, losses, costs and expenses (including reasonable attorney’s fees) resulting from, breach of agreement or resulting from, relating to, or arising out of the misuse or alleged misuse by the Client of any registration, certificate, logo or mark of conformity provided by Alcumus Bangladesh pursuant to this agreement.

9. Confidentiality

Except as required by law and the relevant accreditation authorities,Alcumus Bangladesh will treat as strictly confidential and will not disclose to any third party without prior written consent of the Client, any information which comes into the possession of Alcumus Bangladesh or its employees in the course of providing the Service.