认证服务一般条款

General Conditions of certification services

General Conditions of certification services

These General Conditions of certification services ("GCCS") set forth the terms and conditions under which Evertrust International Certification Co., Ltd. ("EIC") provides certification services to its clients ("Client" or "Clients"). By requesting or using any of EIC's certification services, Client agrees to be bound by these GCCS.

1. Scope of Certification Services

EIC shall provide the certification services specified in the applicable service agreement, quotation, or order confirmation ("Service Agreement"). The scope of the certification services shall be as described in the Service Agreement and any associated documents referenced therein, including but not limited to certification standards, assessment criteria, and audit plans.

2. Client's Responsibilities

Client shall:

  • Provide EIC with all necessary information, documentation, and access required to perform the certification services;
  • Ensure that all information provided to EIC is accurate, complete, and up-to-date;
  • Comply with all applicable laws, regulations, and standards relevant to the certification services;
  • Cooperate with EIC's personnel and provide a safe working environment for them;
  • Obtain any necessary permits or approvals required for EIC to perform the certification services;
  • Implement and maintain an effective management system or process in accordance with the applicable certification standard;
  • Review and promptly notify EIC of any discrepancies or concerns regarding the certification services or any certificates, reports, or other deliverables provided by EIC;
  • Pay all fees associated with the certification services in accordance with the payment terms specified in the Service Agreement.

3. Certification Process

The certification process typically includes the following stages:

  1. Application and scope definition
  2. Pre-assessment (optional)
  3. Document review
  4. On-site assessment
  5. Corrective action verification (if applicable)
  6. Certification decision
  7. Certificate issuance
  8. Surveillance audits (periodic)
  9. Recertification (at regular intervals)

4. Certification Decisions

EIC shall make certification decisions based on objective evidence collected during the certification process. Certification may be granted, granted with conditions, or denied. If certification is granted, EIC shall issue a certificate subject to the terms and conditions set forth in these GCCS and the Service Agreement.

5. Certification Maintenance

To maintain certification, Client shall:

  • Continuously comply with the applicable certification standard;
  • Allow EIC to conduct periodic surveillance audits as specified in the Service Agreement;
  • Promptly notify EIC of any changes that may affect the certification, including changes to the management system, organizational structure, scope of certification, or relevant laws and regulations;
  • Pay all fees associated with the maintenance of certification in accordance with the payment terms specified in the Service Agreement.

6. Suspension, Withdrawal, or Refusal to Renew Certification

EIC may suspend, withdraw, or refuse to renew certification if:

  • Client fails to comply with the applicable certification standard;
  • Client fails to pay any fees when due;
  • Client provides false or misleading information to EIC;
  • Client refuses to allow EIC to conduct required audits or assessments;
  • Client's management system or process is no longer capable of consistently meeting the requirements of the certification standard;
  • There is a change in applicable laws, regulations, or standards that affects the certification;
  • Other circumstances arise that, in EIC's reasonable judgment, warrant such action.

7. Fees and Payment

Client shall pay EIC the fees specified in the Service Agreement. Fees are due and payable in accordance with the payment terms specified in the Service Agreement. Invoices not paid within the specified payment terms may be subject to late payment charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Client shall also be responsible for all taxes, duties, and other governmental charges associated with the certification services.

8. Confidentiality

EIC shall treat as confidential all information provided by Client in connection with the certification services, except as required by law or with Client's written consent. Client shall also treat as confidential all non-public information obtained from EIC in connection with the certification services.

9. Intellectual Property

All intellectual property rights in any materials, reports, certificates, or other deliverables provided by EIC shall remain the property of EIC. Client shall have a non-exclusive, non-transferable license to use such materials solely for the purposes for which they were provided.

10. Limitation of Liability

To the maximum extent permitted by law, EIC's liability to Client for any claims arising out of or related to the certification services shall be limited to the fees paid by Client for the specific certification services giving rise to the claim. EIC shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits or business interruption, regardless of the theory of liability.

11. Indemnification

Client shall indemnify, defend, and hold harmless EIC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Client's breach of these GCCS or the Service Agreement;
  • Client's negligence or willful misconduct;
  • Any third-party claims arising from Client's use of the certification or any deliverables provided by EIC;
  • Any injuries to persons or damage to property caused by Client or its agents, employees, or contractors during the certification process.

12. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these GCCS or the Service Agreement if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, riots, strikes, labor disputes, natural disasters, governmental actions, or shortages of materials or equipment.

13. Governing Law and Dispute Resolution

These GCCS and the Service Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of laws principles. Any disputes arising out of or related to these GCCS or the Service Agreement shall be resolved through amicable negotiations between the parties. If negotiations fail, the dispute shall be submitted to arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC). The place of arbitration shall be Guangzhou, China, and the language of arbitration shall be English.

14. Miscellaneous

These GCCS constitute the entire agreement between the parties with respect to the certification services and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written. No modification or waiver of any provision of these GCCS shall be effective unless in writing and signed by both parties. If any provision of these GCCS is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. These GCCS shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

Effective Date: June 1, 2023