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ABAC Certification follows the criteria specified in the ISO/IEC 17021-1 for a Certification Body recognized as competent and reliable in the operation of Management Systems Standards.
This Agreement shall be governed by English Law.
2 SCOPE OF THE RULES OF REGISTRATION
These Terms and conditions apply to all ABAC Certification registered firms that have confirmed acceptance of these Terms & Conditions as part of their condition of approval for ISO 37001 Certification.
Each applicant must agree to supply all necessary information as determined by ABAC Certification to fulfill the criteria of ISO/IEC 17021-1.
2.1.1 Consultancy Services
As an accredited assessment body ABAC Certification does not offer/provide consultancy services and will refrain from offering certification services to CRI Group Clients.
As an example, the following activities would be, but are not limited to, consultancy services:
iii) performing risk assessments,
vii) accident and incident investigation.
For the purpose of these Terms and Conditions:
Client means an individual, body corporate or body unincorporated applying for a Certificate of Registration.
Assessment means a verification of the effectiveness of the relevant Management System operated by a Client through the examination of objective evidence established by the client within its Management System.
Certification Committee means the committee which is responsible for Certification decisions.
Certificate: means a document issued by ABAC Certification in recognition that the management system operated by the Applicant meets the requirements of the applicable Standard and these Terms and Conditions.
Certification of a Management System means independent demonstration that the management system of the organization
Certified Client means an individual, body corporate or body unincorporated which has been granted a Certificate of Registration.
Scope of Registration means the range of products, services, activities covered by the management system of a registered company specified on the Certificate of Registration.
Standard means the Standards or other requirements for which the client organization is seeking certification.
Observer means person who accompanies the audit team but does not act as an auditor. An observer can be a member of the auditee, a regulator) or other interested party. In addition, a technical expert may accompany an auditor but does not act as an auditor in the audit team unless qualified to do so.
4 PRESENCE OF OBSERVERS, TECHNICAL EXPERTS ETC
It is a condition of clients applying for and maintaining certification that, when required by ABAC Certification or by a regulatory body, they make provision and accommodate the presence of observers etc. when required to do so.
4.1.1 Rotation of Assessors
To maintain impartiality, it is a condition of the ABAC Certification that clients/ registered companies allow ABAC Certification to rotate its assessors at least once in a three-year period.
4.2 APPLICATION FOR REGISTRATION
On receipt of a Client Inquiry Form and Client Risk Profile for certification from a Client, a review of the information provided is undertaken by the ABAC Certification to determine the number of assessment days and associated costs required to carry out the initial certification and ongoing registration costs. A quotation is then produced and issued via a Proposal to the Client which includes the number of assessment days and costs of certification. To confirm acceptance of the quotation, the Client is required to sign both “Service Level Agreement” and “Client Proposal” and submit it to ABAC Certification together with the down payment for the Stage 1 Planning Visit. Arrangements are then made by the ABAC Certification team with the Client, for the Stage 1 assessment to take place. The balance of certification/registration costs i.e. Stage 2 Initial Assessment, should be made as per the Payment Schedule detailed in Client Proposal.
5.1 ACCESS TO PROCESSES
For all assessment’s clients are required to make all necessary arrangements for the conduct of the audit, including access to, all processes and areas within the organization, records and personnel for the purpose of ABAC Certification having the ability to undertake each assessment effectively. This policy also applies to follow up audits following a complaint received from an interested party e.g. about the products/services provided by the certified organization.
5.2 ASSESSMENT METHOD
The first stage of the assessment process carried out by ABAC Certification is to review the client’s documentation and readiness for the Stage 2 assessment. Applicant companies agree to provide ABAC Certification with access to documents, areas and records for conducting assessments.
For all Client companies that do not hold registration approval, a Stage 1 Planning/Readiness Visit is carried out at the client’s premises to review the adequacy of the documented management system and status of implementation. On completion of the Stage 1 visit the audit findings shall be documented and communicated to the client, including identification of any areas of concern that could be classified as a non-conformity during the Stage 2 audit.
The Stage 2 assessment is carried out at the Client premises against the requirements of the appropriate standard/s and the client’s documented management system, the assessment process includes an audit of relevant processes, records, interviews with senior management and relevant staff members and audit of working practices in accordance with the agreed scope of assessment.
On completion of the Stage 2 assessment the Lead Auditor issues a report to ABAC Certification Committee along with a recommendation form for approval which will be submitted for impartial independent review. If certification is granted, the client is included on the ABAC Certification directory of Certified Clients, which is available to the public via the ABAC Group website.
NB: The Directory remains the sole property of ABAC Certification.
Each Certificate will define the Scope of Registration.
The Certificate is personal to the Certified Client who must not give permission for it to be used by a third party.
Registration is on an annual basis subject to continued compliance with the Standard following a successful annual surveillance visit. Certificates remain the property of ABAC Center of Excellence Limited.
Certificates shall not be issued unless ABAC Certification has received payment in full.
7 NOTIFICATION OF CHANGES BY A CLIENT (EXPANDING OR REDUCING THE SCOPE OF CERTIFICATION)
Certified clients must inform ABAC Certification without delay of matters that may affect the capability of the management system i.e. legal or commercial organization status or ownership, contact address and sites, scope including expanding or reducing the scope of certification etc.
Notification of changes requiring a reissue of registration certificates other than for initial or reassessments will attract a nominal administration charge. Refer to Service Level Agreement for Fees.
7.1 NOTIFICATION OF THE OCCURANCE OF A SERIOUS INCIDENT OR BREACH OF REGULATION
All ABAC Certification Certified Clients must inform ABAC Certification, without delay, of the occurrence of a serious incident or breach of regulation necessitating the involvement of the competent regulatory authority.
After the issue of a certificate a pre-arranged surveillance visit will be carried out at the client’s premises. If areas of concern are identified that may require a revisit as recommended by the Lead Auditor the management would review the report/recommendation and if in agreement with it, the client agrees to meet the extra cost relating to any additional assessments required.
9 RECERTIFICATION (RENEWAL)
A re-certification audit is conducted to evaluate the continued fulfilment of all the requirements of the relevant management system standard every three years to confirm continued conformity and effectiveness of the management system and its continued relevance and applicability for the scope of certification. A review of the company’s performance during the preceding three-year period is also undertaken.
Once a Certificate has been issued then the Certified Client has the right to publish the fact and to apply the relevant certification marks to their stationery and promotional material relating only to their assessed scope of registration.
More information can be found on Use of ABAC Certification Logo and Management System Certification Mark Policy (CRI-POL-014) available here.
11 CERTIFICATE MISUSE
Certified Clients of ABAC Certification will take all reasonable precautions to ensure that there is no misuse of their certificate in client advertising etc. The client undertakes only to use certification marks and/or accreditation marks as appropriate to their assessed scope of registration e.g. only the assessed location/s and/or applicable management system standard can be promoted/advertised as being approved/certificated.
12 CERTIFICATE SUSPENSION, REFUSAL, WITHDRAWAL OR RESTORE
Following an unsuccessful assessment of a company’s management system to the relevant standard, the certificate of registration may be refused, suspended or withdrawn as follows:
(i) As a result of continued misuse of Use of ABAC Certification Logo and Management System Certification Mark Policy (CRI-POL-014)
(ii) Failure to apply corrective action as a result of non-conformances found at an assessment within the relevant timescale.
(iii) Any other breach of ABAC Certification’s Terms and Conditions as mentioned in the Service Level Agreement (CRI-MSF-040).
It is also a policy of ABAC Certification to notify the local Trading Standards Office of any client withdrawn from registration.
Client certification can be restored if all issues including nonconformities have been cleared satisfactorily and recommendation for restoring certification is made by the certification decision making team.
13 CANCELLATION OF REGISTRATION
Clients wishing to cancel/withdraw from registration must notify ABAC Certification of their intention to do so within 2 months of the annual surveillance visit. Upon the cancellation of the Certificate (however determined) the Company shall forthwith discontinue the use of the Management System Certification marks and all advertising literature that contains the ABAC Certification logo or any reference thereto. In addition, any other material or documents in the possession of the Company, which bear reference to the Certificate, shall be eradicated.
14 SPECIAL / REVIST AUDITS
Special / revisit audits for ISO 37001:2016 assessments may be required to close out major nonconformities / improvement needs.
In addition, if a complaint is made about a certified client, or we have received notification of any changes (See Section 7), we reserve the right to undertake a special / revisit audit to investigate whether the company is still meeting the requirements of the appropriate standard they are approved to. Such visits are chargeable – (See Section 19).
Independently from the involvement of the competent regulatory authority, a special / revisit audit may be necessary if ABAC Certification becomes aware that there has been a serious incident related to occupational health and safety, for example, a serious accident, or a serious breach of regulation, in order to investigate if the management system has not been compromised and did function effectively. ABAC Certification shall document the outcome of its investigation.
Information on incidents such as a serious accident, or a serious breach of regulation necessitating the involvement of the competent regulatory authority, provided by the certified client or directly gathered by the audit team during the special / revisit audit, shall provide grounds for ABAC Certification to decide on the actions to be taken, including a suspension or withdrawal of the certification, in cases where it can be demonstrated that the system seriously failed to meet the ABMS certification requirements.
15 CUSTOMER COMPLAINTS AGAINST ABAC CERTIFICATION SERVICES/ CERTIFIED CLIENTS
If an organization or individual wishes to complain about the services provided by ABAC Certification, in the first instance the complainant should submit the nature of the complaint in writing to the Scheme Manager of ABAC Center of Excellence Limited- email email@example.com
Complaints made about certified clients of ABAC Certification will be dealt with in the same manner in accordance with our Complaints Handling Procedure and must be made in writing to the Scheme Manager of ABAC Center of Excellence Limited- email firstname.lastname@example.org
The Complaints and Disputes policy is available here, whereas a copy of the full Complaints and Appeals procedure (CRI-GMP-010) can be made available upon request.
16 ACCESS TO RECORDS OF COMPLAINTS
ABAC Certification certificated companies are required to record all complaints received from clients, registered clients and interested parties. When the complaint applies to an ABAC Certification certified customer, evidence of prompt effective corrective action being carried out by the certificate holder shall be required within set timescales. Evidence of action taken will be examined at the next scheduled ABAC Certification surveillance audit unless it is determined that a follow up visit is deemed necessary to effectively close out the complaint. In the event of an alleged breach of relevant legislative or regulatory requirement the ABAC Certification client/registered company must inform ABAC Certification as soon as possible.
17 APPEALS PROCEDURE
If a client wishes to appeal against any decision for whatever reason including suspension or withdrawal of a certificate, the client is at liberty to lodge an appeal with the Scheme Manager of ABAC Center of Excellence Limited within 14 days of having been served with the decision.
The Appeals Committee will review the Appeal and will meet within 30 days of receipt of the appeal notice. The original decision shall remain in force pending the decision of the Panel.
The decision of the panel is final and binding on both the client and ABAC Certification. No counter claims will be allowed by either party.
No costs, for whatever reason, will be allowed for either party as a result of an appeal.
Information about our Appeal Policy is available .
ABAC Certification undertake to provide suitably qualified personnel for all assessment and surveillance work using their own staff or suitable, qualified sub-contractors. All members of ABAC Certification (employees or sub-contractors) are required to sign Nondisclosure and Conflict of Interest agreements concerned with all confidential information that they may be exposed to at client premises.
A formal quotation, which details the Stage 1, Stage 2 and surveillance fees, is supplied to each client in Client Proposal. The applicant acknowledges acceptance of the quotation by signing the Acceptance part of the Client Proposal. These fees are payable in advance as per the Schedule of Payment specified in Client Proposal.
19.1 Cancellation of an assessment made by a client of ABAC Certification at Short Notice
If an arranged/confirmed assessment date is cancelled at short notice by a client of ABAC Certification within 30 days or less of the agreed assessment date, the client shall agree to incur/pay a £250.00 cancellation fee to ABAC CERTIFICATION as a result of the late cancellation notice. If a cancellation is made by a client less than 30 days of the agreed planned assessment date, the full assessment cost shall apply.
19.2 Extra Visits
Extra visits as a result of major non-compliances being raised, receipt of a complaint or notification of any changes will be chargeable at ABAC Certification’s standard fee at the time and are payable by the client within 30 days of date of invoice.
A Certified Client shall pay a final Surveillance fee upon termination of the Certificate if such a Surveillance visit is required by ABAC Certification.
All fees for assessment and surveillance are agreed by the ABAC Certification Managing Director and are available on request.
Certificates of registration shall not be issued unless ABAC Certification has received payment in full.
19.3 Re issue of Certificates as a result of a Clients Request/Circumstances
Certificates reissued as a result of changes to a client’s circumstances e.g. change of address, company etc at the client’s request, shall attract a nominal administration charge of £25.00.
All quoted fees are exclusive of VAT. All fees paid to ABAC Certification are strictly non- refundable.
If in providing information or service neither ABAC Certification nor any of its servants or agents warrants the accuracy of any audit, review or information supplied. Except as stated in this document ABAC Certification nor any of its servants or agents shall not be liable for any loss, expense or damage howsoever sustained by any company, client or person due to any act whatsoever taken by ABAC Certification or its servants or agents save to the extent that any attempted exclusion of liability would be contrary to law.
The client will indemnify ABAC Certification against any claims or losses suffered by ABAC Certification as a result of misuse by the client of any approval or registration given to the client by ABAC Certification under their rules of assessment.
22 CHANGES TO TERMS AND CONDITIONS
ABAC Certification reserves the right to change these rules for registration herewith without prior notification as required by the Managing Directors of ABAC Center of Excellence Limited. No such changes shall affect the right of any Registered Company to use the certification marks until it has been served with notice in writing of such changes by ABAC Certification. ABAC Certification will notify the Certified Client of the date by which it must comply with the altered Terms and Conditions via the ABAC group website.
E-mail shall be an accepted means of communication.
The compliance of this policy will be monitored at surveillance and certificate renewal assessments by ABAC Certification audit team.
If you have any questions regarding this policy, please send an email ABAC Certification Scheme Manager Huma Khalid at email@example.com.
Managing Director ABAC Center of Excellence Limited
Doc# CRI-POL-004, Rev 3 020419 , Date 02-04-2019