The work content and timescales for each Assessment quoted to the Client are estimates made based on information provided to MS Certification Services Pvt. Ltd (“MS CERT”) having its Head quarter at 3/23 R.K.Chatterjee Road, Kolkata-700042 ,India by the auditee organisation.
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1. ASSESSMENT
The work content and timescales for each Assessment quoted to the Client are estimates made based on information provided to MS Certification Services Pvt. Ltd (“MS CERT”) having its Head quarter at 3/23 R.K.Chatterjee Road, Kolkata-700042 ,India by the auditee organisation.
1.2 CERTIFICATION:
1.2.1 The contract, MSCERT made with its client is legally binding between the Clients’s all sites which are included in the scope of Client’s activities identified in the application form. In the event of certification process, decision on certification grant, maintenance etc will be applicable for all the sites as covered under the scope of certification.
At the time of the decision making process, if any site has any major issues regarding grant and continuation of Certificate, certification may be denied to the entire organisation subject to pending satisfactory corrective action.
1.3 DEFINITION OF A CERTIFICATE
A Certificate is the document issued by MS CERT to Client once the Client has demonstrated compliance to a set of certification criteria. A Certificate is generally identified by a unique number.
1.3 It is a requirement of the Clients seeking certification to Management System(s), to have met the requirements of applicable Management System(s).
2. SCOPE
2.1 MS CERT agrees to provide services as detailed in the offer-Estimate(s) to this Agreement (herewithin referred to as “the Services")
2.2 In order that the MS CERT may provide the Services, the Client agrees to supply the MS CERT with all necessary information and facilities.
3. PERSONNEL
MS CERT may engage Auditors and where applicable along with technical experts/observer (e.g. witness auditor /trainee auditors); to undertake assessments on behalf of MS CERT.
MSCS or Accreditation body(AB) of MSCS also reserves the right to conduct Validation visits or any scheduled or unscheduled visit as per accreditation body’s or MSCS procedure at the client’s premises.
MS CERT or ABs of MSCS will notify the names of allocated Auditors/ technical experts/observer to the Client and will assume their acceptance, unless a written objection is received from the Client within 7 days of the notification.
MS CERT shall use competent personels for entire certification management issues.
4. FEES
4.1 The fees quoted are calculated based on the actual time spent by the MS CERT Assessors on the Assessment. Such fees are based on a working eight hour days, excluding travelling time.
No charge will be made for absence due to sickness or public holidays. Unless specified to the contrary, fees quoted do not cover the cost of travelling, accommodation or other out-of-pocket expenses incurred during Assessment work. These items are recharged at cost.
4.2 If MS CERT’s Assessors work for more than eight hours on one or more days, MS CERT reserves the right to charge for that additional time on a pro-rata basis.
4.3 MS CERT shall review the fee rates periodically and give the Client one month's notice of any changes in the rates.
4.4 Assessment and Surveillance Visits shall be as agreed between MS CERT and the Client having regard to the nature of the visit and the prior commitments of both parties.
5. PAYMENT
5.1 MS CERT shall submit an Invoice on receipt of an ‘ACCEPTANCE OF CONTRACT’ from the Client. Payment shall be made in advance of any Assessment or Surveillance Visit. Service Tax is added where applicable. All fees are non-returnable.
5.2 MS CERT reserves the right to charge interest at 2% per month in respect of Invoices not paid by the due date.
6. ASSESSOR FACILITIES
The Client shall ensure that MS CERT’s Assessors are provided with suitable facilities including telephone and facsimile communication, secure storage facilities for confidential data furnished to MS CERT, and secretarial assistance as and when considered necessary during audits.
7. CONFIDENTIALITY
The MS CERT, its employees, subcontractors and agents agreed to maintain all informations as confidential and not to use or disclose to any third party, any information derived from the Client in connection with the Services without the consent of the Client, except to the extent that it is reasonably necessary to enable the MS CERT to carry out the Services in accordance with the terms of the Agreement.
Such obligation shall continue in full force and effect during the term of and after the termination of this Agreement provided, however, that the following shall not be subject to such restrictions;
i) any information which was in the possession of the MS CERT prior to disclosure to the MS CERT by the Client, or
ii) any information which is or shall lawfully become party of the public domain, or
iii) any information which shall otherwise lawfully become available to the Client from a source independent of the Client, or
iv) any information which otherwise may be required to be made available in respect of achieving Certification.
8. MS CERT
reserves the right to place the certification information like the name, relevant normative document, scope and geographical location (e.g. city and country) for each certified client (or the geographic location of the headquarters and any sites within the scope of a multi-site certification) in the public domain through websites, and other MSCERT documents /literatures .However all other information, except for information that is made publicly available by the client, shall be considered confidential.
9. NO INDUCEMENT
Either party shall not at any time during or after the Engagement, entice or induce or attempt to entice or induce away from the other party.
10. LIMITATION OF LIABILITY
The Liability resulting from output of Assessment shall be limited to the value of Fees last received against Assessment or Surveillance audits.
11. VARIATION, POSTPONEMENT OR CANCELLATION
Where the Client wishes to postpone or amend agreed Assessment or Surveillance Visits and provides MS CERT with less than five working days written notice of this intention, MS CERT reserves the right to charge a Variation Fee of 50% of the appropriate daily fee rate (or pro rata amount where no day rate has been quoted). If this is not rescheduled within three months cancellation will be deemed to have occurred on notification of the original postponement.
In the event that the Client wishes to cancel its Certification, 3 months written notification of this intent must be provided by the Client to MS CERT.
12. TERMINATION
12.1 MS CERT shall have the right at any time by giving 15 days notice in writing to the Client to terminate the Certification
forthwith in any of the following events:
(a) if the Client commits a breach of any of these Terms and Conditions of Engagement and fails to remedy the same within 10days of a written request from MS CERT so to do,
(b) if payments referred to in Clause 4 or any part thereof shall remain unpaid for a period of 30 days after the same shall have become due,
if the Client enters into liquidation whether compulsorily or voluntarily (otherwise than for the purpose of amalgamation or reconstruction) or compounds with its creditors or has a receiver appointed of all or any part of its assets or takes or suffers any similar action in consequence of debts or in the case of an individual or a partnership, if the Client or any of its members of the firm becomes insolvent or enters into any arrangement with its creditors or takes or suffers any similar action in consequence of debt; or
if the Client is guilty of any conduct which in the opinion of MS CERT is prejudicial to MS CERT's interest or by bringing the Client’s registration into disrepute.
12.2 Where the Client does not request, in writing, part or all of the assessment services to be carried out within a period of sixmonth from the date of acceptance of quotation, the agreement shall be deemed to have been voluntarily terminated by the Client. In this event no refund of fees paid will be due.
Where the client failed to close its nonconformities as indentified during initial certification neither responded to the
same within a period of sixmonth from the date of the last assessment, the agreement shall be terminated by
MSCERT.In this event no refund of fees paid will be due.
13. OWNERSHIP OF REGISTRATION
The Certificate and the right to use the symbol shall remain the property of the MS CERT and cannot be sold, lent by the Client. Where the Clients business becomes bankrupt, goes into liquidation of receivership or there is a change of management, MS CERT may have to cancel the Client certification immediately, but MS CERT will consider individual circumstances. The Client shall notify MS CERT of any changes to the business as above.
14. PUBLICITY AND PROMOTION
In order to maintain the integrity of our service, The Client will make no misleading statement concerning The Client application or Certification and will ensure that no one connected with The Client gives any such misleading impression.
15. INDEMNITY
MS CERT undertakes to indemnify the Client against any loses suffered or by claims made against MS CERT as a result of misuse by the Client of any approval or licence granted by MS CERT under this agreement
16. FORCE MAJEURE
Failure of either party to perform its obligations under this Engagement shall not subject such party to any liability to the other if such failure is caused or occasioned by an act of God, fire explosion, flood, drought, war, riot, sabotage, embargo, strikes or other labour unrest, interruption due to the delay in transportation, compliance with any order, regulation or request of any government of competent jurisdiction or any employees, department, agency or committee thereof, or by any other event or circumstance of like or different character to the foregoing beyond the reasonable control of the party so failing to perform.
17. GOVERNING LAW
This Agreement is enforceable by law and shall be in all respects constructed and operated as an Agreement made in India and in conformity with Indian Law and the construction of validity shall be governed by the Laws of India.This will be a binding for both MS CERT and Client.
18. ARBITRATION
All disputes, differences or questions at any time arising between the parties as to the construing of this Agreement or as to any matter or thing arising out of this Agreement or in any way connected therewith (which cannot be settled by mutual agreement) shall be referred to the court of Kolkata, India Jurisdiction.
19. MANAGEMENT SYSTEM PERFORMANCE COMPLAINTS RECEIVED BY THE CLIENT
The Client shall properly document all complaints and remedial actions. The Client shall respond to complaints adequately. The Client’s complaints records will be kept for an adequate period appropriate to The Client’s Management System.
MSCERT also posses all right to conduct short noticed audit/Special audit with prior intimation or surprise audit as decided by MSCERT management to investigate complaints or in response to changes,or as follow up on suspended clients.
In such cases MSCERT may inform in advance to the certified clients the conditions under which these short notice visits are to be conducted, and detail of team appointed for such audit.
MSCERT also possess right to take action if the audit discovers a breach or contravention of a regulatory requirement. Any breach or contravention will be recognised as a nonconformity and communicated to the organization.
20. SAFETY
The Client is responsible for ensuring that people including MS CERT personnel visiting the Clients site have adequate protective equipment for the environment they are likely to enter. Where specialist training is required this is to be disclosed to MS CERT from the outset.
21. MISCELLANEOUS
Failure by MS CERT to insist upon strict compliance with any provision thereof shall not be deemed to be a waiver of such provision or any other provision thereof. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. These Terms and Conditions may not be modified except by an agreement in writing signed by MS CERT and the Client.
Should the Client be dis-satisfied with the services provided, then a complaint should be made immediately in writing to the Director of MS CERT so that suitable action can be taken. Such complaints will not affect any of the other terms and conditions herein.
Certification Conditions
The certificate shall only be displayed at the location applicable to the certificated scope of supply.
The certificate shall not be used to imply certification of any location other than that detailed on the certificate
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The client shall comply with the following conditions governing the use of the Certificate of Quality, Environment, Occupational health and safety and or Food safety approval (as applicable) and mark/symbol of the Certification and accreditation body.
Use of Certificate of Approval :
The certificate shall remain the property of the Certification Body.
Certificates are valid for three years from the date of the certificate issue, subject to satisfactory annual surveillance assessments.
Certificates are not transferable
The certificate shall only be displayed at the location applicable to the certificated scope of supply.
The certificate shall not be used to imply certification of any location other than that detailed on the certificate.
The certificated Client must advise the Certification Body of any changes which may affect the scope of certificate.
If the Client changes operating, site then the certification body shall conduct a surveillance visit to check the respective
Management System is operating to the requirements of ISO 9001/ISO 22000/ISO 14001 or OHSAS 18001 or
integrated with combination of two of more standard .
For organization changes such as organization name and management (e.g. key managerial, decision-making or technical staff),scope of operations under the certified management system, major changes to the management system and processes, merging / de-merging etc. which affect legal entity of the organization ,the certified client should inform to MS Cert with the proof of changes as applicable to make MS Cert to take appropriate decision for granting changed/ revised certificate.
The certified Client shall neither make or permit any misleading statement regarding its certification, nor shall use
or permit the use of any certification document or any part thereof in a misleading manner,
The certified client shall amend all its advertising materials when the scope of certification is reduced, and also
Shall not allow reference to its management system certification to be used in such a way as to imply
that MS CERT certifies a product (including service) or process,
The certified client shall not imply that the certification applies to activities that are outside the scope of certification,
The certified client shall not use its certification in such a manner that would bring MS CERT and/or certification
system into disrepute and lose public trust.
(m) Surveillance and reassessment procedures are consistent with those concerning the assessment of the organization’s
QMS/OHS/EMS/FSMS management system. Surveillance frequency are also subject to special provision if an
organization with a certified QMS/EMS/FSMS/OHS management system makes major modifications to its system or if
other changes or significant events (Such as a fatal accident or legal action by a regulatory authority, risk based
environment and or food safety issues, major complaints) takes place which could affect the basis of its certification and
based on that MSCERT can reduce the frequency inspite of preexisting surveillance schedule.
MS CERT Logo is a certified trademark solely owned by MS Certification Services Pvt.Ltd. So long the client maintains its status as certified by MS Certificatio9n Services Pvt.Ltd. and the related certification conditions ,Client will have the right to use MSCERT logo and the accreditation mark .
Conditions for using of MS CERT Certification Mark only:
The marks above shall always be used on certificates issued in conjunction with the Clients name and have the certificate number adjacent to it.
The mark with specific size provided the configuration is to be strictly adhered to, including the surrounding frame.
The mark may be used on stationery, such as headed letter paper and advertising brochures(not on visiting card) and only in connection with the International Quality ,Food safety ,environment and or occupational health and safety Standard scope listed on the certificate.
The mark shall not be used on flags, buildings, vehicles, packaging, directly on products nor on promotional products such as calendars, diaries, coasters, etc.
The mark shall not be used in any way to imply product approval, nor on documentation such as test certificates and certificates of conformity
The certificated Client shall, upon reasonable notice, discontinue any use of the Upon termination of the certification, for whatever reason, the Client shall discontinue all use of the mark immediately.
Upon termination of the certification, for whatever reason, the Client shall discontinue all use of the mark immediately.
In case of unaccredited certification this is traceable only through unique certification number provided to the certified client for each type of system certified by MS Cert.
Conditions for using of MS CERT and accreditation mark together :
The accreditation symbol India shall not be used by MS CERT client on any stationery, document and/or publicity material unless it relates in whole or in part to the scope of certification as mentioned in the certificate(s) under which the right to use the symbol is obtained.
Where the accreditation symbol only relates in part, the user of the symbol shall clearly identify in the same document the part to which the symbol applies.
The above mark shall always be used along with the client’s name and certification number adjacent to it.
The mark may be reproduced in any size provided the design of the mark is strictly adhered to.
JAS ANZ Mark in colour can only be used in PMS Reflex Blue and PMS 485 (Red) combination or in a single colour to conform with existing pre-printed stationery.
The accreditation mark India shall not be used in isolation from MS CERT Logo.
The mark shall not be used on flags ,buildings, packaging , directly on products.
The mark shall not be used in test certificates or any other documents which imply product approval.
Upon termination of the certification , the client shall discontinue all use of the mark immediately.
The certified client shall upon notice ,discontinue any use of the mark which is considered to be unacceptable to the certification body.
Failure to Comply with the Certification Condition
Suspension and withdrawal of certificate approval
If the Client/certificate holder fails to maintain compliance with the requirements of ISO 9001/ISO 22000/ISO 14001/OHSAS 18001 , those requirements detailed in Certification Conditions Document form PROC12 and those commercial and operating requirements of the certification body then.
Misuse of certification :
A client awarded a Certificate , shall cease to display or otherwise use the certificate and certification mark as soon as practicable after certification is suspended or cancelled/withdrawn.
Suspension of Certification :
Certification may be suspended for a limited period at the MS CERT’s discretion, for example:
(a) if surveillance indicates non-compliance with the specified requirements but immediate withdrawal of the
Certificate is not considered necessary;
(b) if improper use of the certification, certification documentation, or certification mark is not remedied to the MS
CERT’s satisfaction;
(c) if there has been any contravention of the certification Criteria;
(d) if the certified client has made a change to the management System that is not accepted by the MS CERT;
(e) if payment of invoiced fees is not received within 30 days following dispatch of the invoice;
(f) if the client's certified management system has persistently or seriously failed to meet certification requirements, including requirements for the effectiveness of the management system,
(g)-if the certified client does not allow surveillance or recertification audits to be conducted at the required frequencies, or
(h)-if the certified client has voluntarily requested a suspension.
Prior to issuing a notice of suspension of certification MS CERT will:
(a) Advise the client of any perceived grounds for suspension, state when the relevant facts are to be presented to the
Head of certification and invite comment (15 days) from the client on the perceived grounds for suspension or any
mitigating circumstances;
(b) Present all relevant information to which it has access, including any comment received in response from above, to
the Head of certification ; and
(c) Communicate to the Client the decision of Head of certification.
As a general condition, when a client is suspended, the client shall:
(a) not actively promote their certification for the period of the suspension;
(b) not use MS CERT mark for the period of the suspension;
(c) maintain day to day activity as per its procedures
(d) cooperate fully with the MS CERT to enable the suspension to be lifted.
Suspension shall be confirmed by MS CERT in a letter to the client and will indicate the conditions under which the suspension will be removed . The Head of certification may publish notification of the suspension.
At completion of the specified period, the Head of certification shall:
(a) remove the suspension and notify the client accordingly; or
(b) cancel the certification and withdraw the certificate if the conditions are not fulfilled.
Corrective action
The Client is responsible for taking prompt and adequate action to correct any contravention of the certification Criteria, and for formally notifying MS CERT of the corrective action proposed or taken. Against any complaint the client shall
Investigate to develop remedial/corrective action, which shall include measures for:
a) notification to appropriate authorities if required by regulation:
b) restoring conformity as quickly as practicable;
c) preventing recurrence;
d) evaluating and mitigating any adverse aspects;
e) ensuring satisfactory interaction with other components of the applicable management system(EMS,OHSAS,FSMS);
f) assessing the effectiveness of the remedial/corrective measures adopted.
Access to records of communications with external interested parties
MSCERT shall require the client whose management system is certified to make available to MSCERT, when requested, the records of all communications including complaints and corrective action taken in accordance with the
requirements of the appropriate management system standards or other normative documents.
Withdrawal /Cancellation
MS CERT shall cancel certification, withdraw the certificate and cancel any agreement for the use of MS CERT certification mark in the following cases:
(a) under the relevant provisions of Suspension within six month from the date of suspension.
(b) if surveillance indicates that non-compliance to relevant requirements is of a serious nature;
(c) at the formal request of a client;
(d) if the certification Criteria are changed and the body either will not or cannot ensure conformity with the new requirements;
(e) if the client ceases to operate their certified system;
(f) if the client fails to meet financial obligations to MS CERT; or
(g) on any other grounds specifically provided for under the certification criteria or formally agreed between the client and MS CERT.
If a certificate is withdrawn, the client concerned shall inform all licensees included in their register of the situation by registered letter or equivalent means. The MS CERT Register shall also be amended accordingly and MS CERT may also publish notification of the cancellation.
A client may appeal to the MS CERT against a decision to withdraw certification.
MSCERT may reduce the client's scope of certification to exclude the parts not meeting the requirements, when the client has persistently or seriously failed to meet the certification requirements for those parts of the scope of certification. Any such reduction are done in line with the requirements of the standard used for certification.
Changes to the certification system rules
In the event of changes being required to the certification Criteria, MS CERT shall:
(a) afford opportunity for client affected by a proposed change to submit comments on the proposed change(s);
(b) specify an effective date for the change(s); the effective date shall allow sufficient time for clients to amend and implement changes to their management system;
(c) formally notify all clients of the new requirements of the effective date of the change and the action required of the clients concerned; and
(d) verify that the changes have been effectively implemented.
Failure to take the required action by the effective date may lead to suspension under or withdrawal/cancellation under of this document.
A client failing to meet the surveillance or recertification audit schedule, the certificate will be suspended for 6 months. If any response is not received by the CB, then the certificate will be withdrawn and the client will be advised to send back the original certificate to CB office.
In the event of voluntarily request for a suspension by the client, it will be brought to the notice of decision maker to initiate the action for withdrawal of certificate.
Upon receipt of the certificate, the name of the client will be removed from the certified client list and accordingly they will be advised not to use the logos, on their stationery items and promotional materials.
The suspended client name will be uploaded on the website as matter or publicly accessible information in order to avoid further promotion of certification by client organisation.
MS CERT maintains enforceable arrangements with its clients to ensure that in case of suspension and withdrawal the client refrains from further promotion of its certification and use of certification mark.
MS CERT makes the suspended and withdrawal status of the certification publicly accessible and takes any other measures it deems appropriate.
Such enforceable arrangements shall include media publication, information on website, informing to related and local accreditation body, Government and other reputed organization where the client is registered, their customers and interested parties Refer: F59 Certification conditions.
Reducing scope
Scope of the certification will be reduced to exclude the part scope in the event of not meeting the requirements. The auditor concerned should report to CB after a thorough assessment. Based on the report submitted, CB shall take decision to reduce the scope and accordingly re-issue the certificate.
Extending scope
Upon client’s request for extending scope CB has to ensure the availability of scope and competence level and advise for Audit considering the Auditor time. The Audit time may be extended after seeing the actual process of the extended part of scope. The certificate will be re-issued incorporating the new scope. This type of scope extension may be clubbed with surveillance audit or it can be carried out separately.
Upon request by any party, MSCERT correctly state the status of certification of a client's management system as being suspended, withdrawn or reduced.MS CERT maintains enforceable arrangements with its clients to ensure that in case of suspension and withdrawal the client refrains from further promotion of its certification and use of certification mark.
MS CERT makes the suspended and withdrawal status of the certification publicly accessible and takes any other measures it deems appropriate. Such enforceable arrangements shall include media publication, information on website, informing to related and local accreditation body, Government and other reputed organization where the client is registered, their customers and interested parties .
Procedure for Appeal.
To appeal, the client should call MS CERTIFICATION SERVICES and provide grounds for appeal. The appeal may be sent to CB in writing through letters or email. This appeal is entered on the Form F39 Record of Appeal.. MS CERT acknowledges the receipt of the appeal and provides the appellant with progress reports and the outcome.
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To appeal, the client should call MS CERTIFICATION SERVICES and provide grounds for appeal. The appeal may be sent to CB in writing through letters or email. In case of Hygiene Rating audits , the appeal may be sent to the specific regulator FSSAI. The appealThis appeal is entered on the Form F39 Record of Appeal. MS CERT acknowledges the receipt of the appeal and provides the appellant with progress reports and the outcome.
MS CERTIFICATION SERVICES shall also investigate the grounds for appeal . The review shall be done on the Form F41 and it is being forwarded to the Governing Board of MS Certification Services.
The Governing Board of MS CERTIFICATION SERVICES will form an independent group to hear the appeal. Depending upon the circumstances the client may be requested to appear in person. Whatever the situation it is the duty of the Governing Board to hold an independent, impartial and factual hearing.
The Governing Board will form a binding and final conclusion.
Final conclusion shall be recorded and also intimated to the client through formal notice.
The conclusion forwarded to the client related to appeal shall be made by or reviewed by and approved by individual not previously involved in the subject of the appeal.
MS CERT ensures tracking and recording of appeals, including actions undertaken to resolve them including the appropriate correction and corrective action also.
It also ensures that submission, investigation and decision on appeals shall not result in any discriminatory actions against the appellant. These cases are reviewed by the impartiality committee members periodically.
Procedure for Complaints Handling
All clients are made aware of the complaints/ disputes procedure by reference to the MS CERT Rules and Regulations.
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PROCEDURE FOR COMPLAINTS HANDLING
All clients are made aware of the complaints/ disputes procedure by reference to the MS CERT Rules and Regulations.
a) COMPLAINTS / DISPUTES AGAINST MS CERT
Recording of Complaints/Disputes:
On receipt of a formal written complaint/dispute the recipient shall complete the Complaints/Disputes form F40 confirming whether the complaint relates to certification activities or if it is related to a certified client, then the effectiveness of the certified management system may be considered and the form is forwarded to the Certification Manager within 2 working days.
The Certification Manager shall acknowledge receipt of the complaint/dispute to the complainant/disputer within a further 5 working days using the acknowledgement letter. In the absence of the Certification Manager this may be issued by a Governing Board member.
The Certification Manager shall update the complaints/disputes log, and in the case of complaints/disputes against the Certification Manager forward the complaints/disputes to the Director. In case of Hygiene Rating Audits, the complaints or disputes can be forwarded by the client to the specific regulator FSSAI .
All complaints shall be subjected to requirements for confidentiality.
INVESTIGATION OF COMPLAINTS / DISPUTES
With the exception of complaints/disputes against the Certification Manager or management representative , which are investigated by the Board, the Certification Manager shall allocate a responsible person to investigate the complaint/dispute.
The investigation shall determine the following:
· The validity of the complaint/dispute;
· Whether MS CERT procedures have been followed;
· Whether MS CERT procedures are deficient;
· Whether an invoice credit is recommended.
The investigation of complaints/disputes shall be completed within 1 month of receipt, and shall be recorded in section 2 of the complaints/disputes form.
COMMUNICATION OF THE OUTCOME OF A COMPLAINT / DISPUTE:
The outcome of the investigation of the complaint/dispute shall be forwarded to the Certification Manager by copy of the complaints/disputes from.
The Certification Manager shall update the complaints/disputes log with the details of the findings of the investigations, and shall communicate these to the client together with any credit that may have been agreed.
CORRECTIVE ACTION
Where corrective action is required this shall be agreed by the Certification Manager and those members of staff affected by the corrective actions and shall be recorded in the complaints/disputes form.
The Certification Manager shall then ensure that the required corrective action is effectively implemented and where this involves changes to controlled documentation that the Control of Documents procedure is followed.
CORRECTIVE ACTION VERIFICATION
The Internal Auditor shall review the effectiveness of all corrective actions during the audits of this procedure.
Subject to the satisfactory completion of the corrective actions the Internal Auditor shall sign the complaints/disputes form and shall record details of the objective evidence which has been used to confirm that the corrective actions have been effective. The completed copy of the complaints/disputes form shall be forwarded to the Certification Manager at the end of the audit.
Where it is not possible to confirm that the corrective actions have been effectively carried out the Governing Board shall be informed by the Internal Auditor by copy of the complaints/disputes form.
REVIEW OF COMPLAINTS / DISPUTES
The Certification Manager shall review the complaints/disputes log every 6 months to ensure the following:
· That all complaints/disputes are recorded;
· That all complaints/disputes are investigated;
· That the results of the investigation of the complaints/disputes are communicated to the client;
· That complaints/disputes are closed out at internal audit.
The Certification Manager shall, prior to each Governing Board meeting, prepare a summary of all customer complaints/disputes received within the previous period for presentation at the Governing Board meeting.
b) COMPLAINTS / DISPUTES AGAINST A REGISTERED FIRM
When a complaint/dispute is received against a registered firm from a user of their products or services, it shall be forwarded to the Certification Manager who shall record it on the complaints/disputes against a registered firm log.
The Certification Manager shall contact the registered firm in question at an appropriate time.
The complaint/dispute shall be investigated by the Certification Manager to determine if it is valid and to determine what further actions are required.
The Certification Manager shall produce a report on the complaint/dispute and the client shall be informed of the outcome of the investigation.
Where the registered firm is found to be non-conforming against MS CERT rules and regulations or the requirements of the standard to which they are assessed a non-conformance note shall be raised and sentenced by the Certification Manager.
This shall be forwarded to the registered firm for corrective action.
MS CERT shall acknowledge receipt and provide the complainant with progress reports and the outcome of the complaint after investigation.
Final decision shall be recorded and also intimated to the complainant through formal notice. The decision forwarded to the complainant shall be made by or reviewed by and approved by individual not previously involved in the subject of the complaint.
MS CERT shall determine, together with the client and the complainant, whether and, if so to what extent, the subject of the complaint and its resolution shall be made public.
Procedure For Suspension & Withdrawal
A client awarded a Certificate shall not to display or otherwise use the certificate and certification mark-logo as soon as practicable after certification is suspended,cancelled or withdrawn. The Client is responsible for taking prompt and adequate action to correct any contravention of the certification Criteria, and for formally notifying MS CERT of the corrective action proposed or taken.
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PROCEDURE FOR SUSPENSION & WITHDRAWAL
Procedure
The key processes/activities related management system certification at MS Cert are outlined in the “Certification process flow” highlighted in its brochure and website www.mscertification.net.
These activities include :
1. Receiving of Enquiry / Application
2. Application review
3. Stage 1 audit for assessing the preparedness of the client
4. Stage 2 compliance audit to the assessment standard sought
5. Certification recommendations
6. Periodical Ongoing surveillance and rectification as per schedule defined in the client certification offer
Further to the certification process referenced above, after review of the client’s application ,contract and conducting assessment of the management system or applicable certification procedures, if MS Cert is not satisfied with the client’s management system or the client failed to comply the procedures of MS Cert , then MS Cert retains the right to refuse , suspend or withdraw certification.
Sufficient explanation shall be provided to the client as to the decision which would be made by the management of MS Cert.
1. Granting certification:- The certificate is granted against the compliance to the Certification requirements as per MS Cert’s Certification Procedures.
MS cert shall grant the certification to Client only when the client fulfils the Certification criteria .
Which include the followings:
Conducting audit at client site as per procedure
Receiving of Audit Report submitted by the Audit team and Verification of Clearance of Non-Conformities (either minor or major) & its Objective evidences submitted by the Client technical review of the Audit Report & Auditor Has recommended for the certification Recommendation is accepted by the Technical reviewer.
2. Maintaining Certification: It demonstrate that the client continues fulfilling the requirements of the management system standard based on the documentary evidence gathered by audit team.
3. Renewing Certification : MS Cert shall renew the certification of client according to the three year certification cycle for verifying the performance of the Organization:
1st Surveillance Audit –After 11 months from the date of Issuance of Initial Certification
2nd Surveillance Audit –After 11 months from the date of Issuance of 1st Surveillance Certification
Re-Certification Audit -After 11 months from the date of issuance of 2 nd Surveillance Certification
4. Suspending Certification: temporary suspension due to no n fulfillment of requirement /certification criteria of MS Cert ,which can be restored only successful implementation of corrective action.
5. Reducing The scope of certification: When it is found that client management system do not have capability for the scope of certification.
6. Withdrawing certification:
When it is found that client is not fulfilling requirement of standard and failed to implement proposed corrective action in given time certificate may be withdrawn.
7. Refusal of certification:
MS Cert may refuse the application of Client in the following cases:
-When during application review it is found that client activity is not in consistent with the MS Cert procedures
- due to unavailability of scope/scheme under particular accreditation
- due to Unavailability of Competent Auditor
- Some ambiguity in legal requirement or clients not fulfilled the certification criteria during initial certification or maintained certification as per MS Cert criteria over the period of certification in case of recertification.
Restoring Certification:
MS Certification shall restore the certification as per the following -If the Client submits the Corrective action report within the 15 days of time period in case of major nonconformity and 45 Days of time period in case of Minor non-conformity after suspension and also in case of major Non conformity there should be a provision of re-visit of auditor at client’s location for the verification of effectiveness of Closure of Non-Conformity.
After Suspension there is 15 Days of time period for the renewing of certification after Verification of Effectiveness of System by the Auditor at the time of Re-Visit/follow up visit ,
Withdrawing Certification
MS Cert shall restore the suspended certification if the issue that has resulted in the suspension has been resolved. Failure to resolve the issues that have resulted in the suspension in a time established by the MS Cert shall result in withdrawal or reduction of the scope of certification.
NOTE:
In most cases, the suspension would not exceed six
months. MS Cert’s decision on withdrawing certification shall be communicated to the client, in writing, through letters
MSCERT has enforceable arrangements with the certified client concerning conditions of withdrawal ensuring upon notice of withdrawal of certification that the client discontinues its use of all advertising matter that contains any reference to a certified status.
SUSPENSION OF CERTIFICATION
Certification may be suspended for a period at the MS CERT’s discretion, for
example:
(a) if surveillance audit/ follow up audit plans if applicable have not been complied with as per certification continuation requirements
(b) if improper use of the certification, certification documentation, or
certification mark-logo is not remedied to the MS CERT’s certification condition;
(c) if the certified client has made a change to the Management System that is not accepted by the MS CERT against the existing certification conditions and contract;
(d) if payment of invoiced fees is not made in time as per contract condition
(e) If the certification condition (F09) or the contract and acceptance criteria(F59) not met.
Prior to issuing a notice of suspension of certification MS CERT will:
(a) Advise the client of any perceived grounds for suspension,
to state when the relevant facts are to be presented to the Head of certification and invite comment (with in specified time ) from the client on the perceived grounds for suspension or any mitigating circumstances;
to Present all relevant information to support mitigating cause of suspension to the Head of certification ; and
(b) Communicate to the Client the decision of Head of certification.
As a general condition, when a client is suspended, the client shall: (a) not actively promote their certification for the period of the suspension;
(b) not use MS CERT mark-logo for the period of the suspension;
(c) maintain day to day activity as per its procedures
(d) cooperate fully with the MS CERT to enable the suspension to be lifted
Suspension shall be confirmed by MS CERT in a letter to the client and will indicate the conditions under which the suspension will be removed .
The Head of certification may publish notification of the suspension.
At completion of the specified period, the Head of certification may
(a) remove the suspension against accepting satisfactory compliance and notify the client accordingly; or
(b) cancel the certification and withdraw the certificate if the conditions are not
fulfilled.
CORRECTIVE ACTION
The Client is responsible for taking prompt and adequate action to correct any contravention of the certification Criteria, and for formally notifying MS CERT of the corrective action proposed or taken.
MISUSE OF CERTIFICATION
A client awarded a Certificate shall not to display or otherwise use the certificate and certification mark-logo as soon as practicable after certification is suspended , cancelled or withdrawn.
WITHDRAWAL/CANCELLATION
MS CERT shall cancel certification, withdraw the certificate and cancel any agreement for the use of MS CERT certification mark in the following cases:
(a) under the relevant provisions of Suspension
(b) at the formal request of a client;
(c) if the certification Criteria are changed and the MS CERT cannot ensure conformity with the new requirements;
(d) if the client ceases to operate their certified system;
(e) if the client fails to meet financial obligations to MS CERT; or
(f) on any other grounds specifically provided for under the certification criteria
or formally agreed between the client and MS CERT.
If a certificate is withdrawn, the MS CERT Register shall also be amended accordingly and MS CERT may also publish notification on that ground including MSCERT’s website.
A client may appeal to the MS CERT against a decision to withdraw certification.
CHANGES TO THE CERTIFICATION SYSTEM RULES
In the event of changes being required to the certification Criteria, MS CERT shall:
(a) afford opportunity for client affected by a proposed change to submit comments on the proposed change(s);
(b) specify an effective date for the change(s); the effective date shall allow sufficient time for clients to amend and implement changes to their Management System;
(c) formally notify all clients of the new requirements of the effective date of the change and the action required of the clients concerned; and
(d) verify that the changes have been effectively implemented.
Failure to take the required action by the effective date may lead to suspension under or withdrawal/cancellation
Reducing scope Scope of the certification will be reduced to exclude the part scope in the event of not meeting the requirements. The auditor concerned should report to MS CERT after a thorough assessment. Based on the report submitted, MS CERT shall take decision to reduce the scope and accordingly re-issue the certificate.
Extending scope
Upon client’s request for extending scope MS CERT has to ensure the availability of scope and competence level and advise for Audit considering the Auditor time. The Audit time may be extended after seeing the actual process of the extended part of scope. The certificate will be re-issued incorporating the new scope. This type of scope extension may be clubbed with surveillance audit or it can be carried out separately through Special Audit .
Upon request by any client, MSCERT correctly update and state the status of certification of a client's management system as being suspended, withdrawn , reduced or extended .
OPEN 
to state when the relevant facts are to be presented to the Head of certification and invite comment (with in specified time ) from the client on the perceived grounds for suspension or any mitigating circumstances;