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 this proposal.
Global Compliance Service 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 Global Compliance Service’s performance of the Service except to the extent resulting from the negligence or wilful misconduct of Global Compliance Service or its personnel. In the event of any claim, loss, damage or expense incurred by the Client as a result of the negligence or wilful misconduct of Global Compliance Service or its personnel in the performance of the Service, Global Compliance Service’s maximum liability to the Client shall be limited to the amount of the fees paid to Global Compliance Service for the Service.
Global Compliance Service shall not be liable in any respect should it be prevented from discharging such obligations because of any matter beyond its control which could not be reasonably foreseen.
The contract to which this agreement applies is governed by the laws of the United States of America, and the parties submit to the jurisdiction of the courts of USA, 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.
The Client will indemnify and hold harmless Global Compliance Service 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 Global Compliance Service pursuant to this agreement.
Except as required by law and the relevant accreditation authorities, Global Compliance Service 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 Global Compliance Service or its employees in the course of providing the Service.
Global Compliance Service is compliant with the CAN-SPAM Act 2003 and the GDPR (General Data Protections Regulations). GCS will not send unsolicited emails for marketing purposes without prior explicit consent, Opt-in and/ or permission.
The Stage 1 audit, a review of the client’s documentation with respect to the appropriate standard(s) is completed. This can be performed onsite or offsite at the client’s premises in conjunction with the client’s management representative.
On satisfying the auditor on the compliance of the documentation and site requirements (if applicable), a report is produced, and Stage 2 audit date is agreed, and an audit is carried out by the auditor(s). If further visits are required due to non-compliances found, these will be undertaken, and extra charge will be incurred by the client. The on-site audit is carried out using client manuals and procedures and by interviewing relevant members of staff regarding their working practices.
On completion of the on-site audit, the Lead Auditor submits his or her report and recommendations to the Technical review personnel. On receiving a report stating that the client’s management system meets the requirements of the relevant Standards and approval by Technical review personnel, the certificate is issued. The certificate remains the property of Global Compliance Service Providing the client maintains the management system to the required standard, the certificate is valid for three years. Triennial / Renewal audit is to be carried out at least three months prior to the expiry of the certificate at extra cost.
After the issue of a certificate, to maintain annual registration, surveillance visits will be carried out at the client’s premises (announced visits) at least once per year. If areas of concern are identified, more visits may be carried out at the discretion of the Lead Auditor. The client agrees to meet the extra costs relating to such increased surveillance. Any changes to scope, products or manufacturing processes must be communicated to Global Compliance Service
The First Surveillance Audit needs to be conducted within twelve months from the date of the Stage 2/ Certification/ Renewal Audit. Failure to comply with this will lead to certificate withdrawal and client deregistration.
Extension to the scope of registration
This may be applied for in the same way as the initial audit, indicating the increased scope of registration being required. Audit will be carried out in the areas not previously audited. If successful, a new certificate indicating the new full scope will be issued by Global Compliance Service There will be a charge for extensions to scope and re-issue of the certificates.
Short Notice Audits
Global Compliance Service may when necessary conduct short notice audits to investigate complaints, or in response to changes, or as follow up to suspended clients
Reduction in scope of Certificates issued
Global Compliance Service shall wherever applicable reduce the scope of certification if during the time of routine surveillance audits / Re approval or Renewal audits it finds that the certified client has continually failed to meet the certification requirements for those parts of the scope of certification. The reduction in scope will be approved by the Technical Review Personnel.
Once a certificate has been issued, the client has the right to publish this fact. The relevant logos can be used on its stationery relating only to the audited scope of registration and the relevant part of the standard. All conditions of the Logo Rules issued along with the Certificate will need to be followed.
Global Compliance Service will take all reasonable precautions to see that there is no misuse of their certificate in client advertising etc. The client undertakes to use certification marks as appropriate to its audited scope of registration and relevant Standards.
If for any reason a client is not in agreement with the Lead Auditor’s verdict after an audit, re-audit or a surveillance visit, including suspension or withdrawal of a certificate, he/she is at liberty to appeal with the President of Global Compliance Service. Ltd through mail or website. All appeals will be held in the presence of an Appeals Group. The group will evaluate evidence from the client’s representative and the relevant Lead Auditor. The decision of the group is final and binding on both the client and Global Compliance Service. No counter claims will be allowed by either party. No costs, for whatever reason, will be allowed for either party because of an appeal. Expenses of the Appeal will be met in full by the party who has the decision against them.
Complaints against Global Compliance Service personnel
If a client has a complaint regarding any employee of Global Compliance Service, this should be sent through mail or website to the Quality manager of Global Compliance Service at the Head Office address. If the complaint involves the Quality Manager or Top Management Official, then the complaint is to be addressed to the President of Global Compliance Service. The complaint shall be handled as per Global Compliance Service’s defined complaint handling process.
Complaints against Global Compliance Service certified clients
If any interested party has a complaint against Global Compliance Service certified client, this should be sent through mail or website to the President of Global Compliance Service at the Head Office address. The complaint shall be handled as per Global Compliance Service’s defined complaint handling process.
Neither Global Compliance Service nor any of its agents warrants the accuracy of any audit, review, information, certification, service, or advice supplied. Except as stated in this document, neither Global Compliance Service nor any of its agents shall be liable for any loss, expense or damage however so sustained by any company, client or person due to any act whatsoever taken by Global Compliance Service or its agents, except to the extent that any attempted exclusion or liability would be contrary to law.
ACCREDITATION BODY WITNESSED AUDITS
It is a condition of the rules of registration that all Global Compliance Service certificated clients should, if requested, allow, Accreditation Body auditors to visit the client premises / witness Global Compliance Service staff carrying out their audits.
Global Compliance Service reserves the right to change these rules of registration herewith without prior notification.