Rules & Services Agreement

This Rules and Services agreement is made by PT CBQA GLOBAL INDONESIA, ("CBQA Global"), to the Applicant / candidate / certified person named in the Application Form.

1. General

1.1 CBQA Global agrees to provide the Applicant / candidate / certified person with the service for the personnel certification as per the defined certification scheme as per the agreed price. The Applicant / candidate / certified person agree to comply with this Rules and Services agreement and all related documents.

1.2 In order that CBQA Global may provide the Service, the Applicant / candidate / certified person agrees to supply CBQA Global with all the necessary information about their capabilities, abilities etc. on a time-to-time basis during the validity of the certificate.

1.3 Applicant / candidate / certified person that requests date of service must be confirmed with CBQA Global. No service visit dates requested by Applicant / candidate / certified persons prior to the return of the signed application form can be guaranteed.

1.4 CBQA Global will provide its applicant / candidate / certified persons any changes that may take place to its rules and services agreement and the same will be verified by CBQA Global for all its applicant / candidate / certified persons for compliance.

1.5 Applicant / candidate / certified person shall inform CBQA Global any changes that may affect the capability of certified person to continue to fulfil the requirements of the standard used for certification e.g. changes related to legal, amendment in the relevant standard used for certification, capability of certified person to continue to perform the job, and major changes to certified person.

1.6 Applicant / candidate / certified person acknowledges that the Standards and/or CBQA Global’s contractual requirements may be revised from time to time.  If revisions to Standards and/or CBQA Global’s requirements are adopted, CBQA Global shall determine the nature and extent of the necessary additional assessment activity (if any), and CBQA Global will inform the applicant / candidate / certified person the revised requirements.

2. Liability

CBQA Global has adequate arrangements (e.g. insurance policy) to cover liabilities arising from its operations. A professional indemnity insurance policy has been taken considering the liabilities out of the product certification activities. CBQA Global ensures that it has taken adequate steps to ensure that potential liabilities / risks arising from its certification operations are covered and the amount of cover reflects the risks in terms of insurance. Levels and types of cover are set and agreed following a full disclosure of all information to the Insurance Agency / Broker. It will cover all geographic locations and hence all activities of CBQA Global operations are covered.

Regular accounts review meetings are held (within a yearly period at minimum) between the Director, Management Representative and all relevant personnel(s) to ensure that the finances of the company are such that adequate resources are always available to meet any liabilities

3. Force majeure

CBQA Global 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.

4. Law

4.1 This Rules and Services agreement is governed and shall be construed in accordance with Indonesian law;

4.2 Any dispute arising between the Parties in relation to the implementation and/or interpretation (or any other aspect) of this Rules and Services agreement shall first attempt to be settled amicably between the Parties;

4.3 If within 30 (thirty) calendar days after written notification from one Party to the other Party of a Dispute and its intention to have amicable settlement, such Dispute cannot be settled amicably, then either Party may seek to settle the Dispute through the Indonesian National Board of Arbitration in Jakarta (“BANI”) in accordance with the BANI Rules of Arbitration ("Rules"). The arbitration tribunal shall comprise 3 (three) arbitrators (unless the Parties agree on the name of a single arbitrator) and the arbitration shall be conducted in Bahasa Indonesia. The procedural law of Indonesia will apply to the extent the Rules are silent. The award of such arbitration is final and binding on the Parties;

4.4 All notices and proceedings served will be deemed to be duly served if sent by prepaid registered mail to the address of the party as herein above appearing or as may be subsequently notified by the other.

5. Indemnity

The Applicant / candidate / certified person shall fully and effectually indemnify CBQA Global against all costs, claims, actions and demands arising from:

5.1        The services provided by CBQA Global save to the extent only that such claims arise from the neglect of CBQA Global, its employees or agents; and

5.2       The use or misuse by the Applicant / candidate / certified person of any certificate, license, mark of conformity provided by CBQA Global in accordance with this Rules and Services agreement; and

5.3       Any breach of this Rules and Services agreement by Applicant / candidate / certified person; and illness, injury or death to the Applicant / candidate / certified person, together with any of their employees, agents or directors (“Applicant / candidate / certified person Group”).

6. Confidentiality

6.1 Except as required by law and the relevant accreditation authorities, CBQA Global will treat as strictly confidential and will not disclose to any third party without prior written consent

6.2 Applicant / candidate / certified person hereby commit not to release confidential examination materials or participate in fraudulent test-taking practices.

7. Rules for Certification

7.1 The Applicant / candidate / certified person must comply with the standard as specified in the certification scheme.

7.2 All data related to qualification and experience required for the certification must be provided to CBQA Global.

7.3 Applicant / candidate / certified person must comply with the certification scheme requirements, mandatory legal or regulatory requirements. In the event that the Applicant / candidate / certified person conducting a violation of the legal/ regulatory/statutory requirement, the Applicant / candidate / certified person will inform CBQA Global on its own, proactively and voluntarily. In case a violation of legal/regulatory/statutory requirement is observed during the evaluation/examination/assessment, CBQA Global will notify the Applicant / candidate / certified person’s violation. The Applicant / candidate / certified person shall ensure and provide evidence to CBQA Global that the appropriate authorities have been notified of the violation as per the prescribed procedures of the relevant authorities.

7.4 All matters that can affect the capability of the certified person to continue to fulfil this Rules and Services agreement must be informed to CBQA Global. If required surrender the certificate and don’t claim further till the issues have been resolved.

7.5 Renewal will be done for renewal of present certificate, which will be renewed for one cycle after the expiry of present certificate issued. The re-assessment will take place after one renewal, means completion of validity of renewal.

7.6 The Applicant / candidate / certified person must inform CBQA Global of any significant non-conformances of which they are aware, through internal evaluation/examination/assessment or other means. The Applicant / candidate / certified person is responsible for the adoption of sound policies to maintain the reliability of their capability.

7.7 If the Applicant / candidate / certified person is certified by CBQA Global, the applicant/ candidate / certified person is entitled to use the symbol of CBQA Global in conjunction with the appropriate accreditation body logo subject to the logo conditions. The Applicant/candidate/ certified person agree not to misrepresent the certification by CBQA Global, nor to modify or alter the certificate in any way, including CBQA Global's logo. Applicant/candidate/ certified person also agree to meet the requirements as stated in the Rules for Use of Certification Marks which is sent along with the certificate. These requirements will be verified at time of the subsequent evaluation/examination/assessments.

7.8 If the Applicant / candidate / certified person fail to maintain compliance with the requirements for certification, certification may be suspended or withdrawn at the discretion of CBQA Global. Upon suspension or cancellation of the certification the Applicant / candidate / certified person will discontinue all advertising matter and stationery that contain any reference to the certification and on cancellation, will return all the certification documents including the CBQA Global and accreditation body logo material.

7.9 Applicant / candidate / certified person shall initiate actions against the issues raised by CBQA Global for suspending the certification. He shall submit the evidences for actions taken to close out all the issues raised. Failure to comply with the suspension conditions shall escalate the suspension to withdrawal/de-registration/cancellation of certification.

7.10 The Applicant / candidate / certified person must include a provision, which makes it clear to its customers when it is supplying services not made under it.

7.11 CBQA Global cannot guarantee the same evaluation/examination/assessment or for subsequent examination during the renewal or re-certification.

7.12 The Applicant / candidate / certified person must only claim that it is certified with respect to defined certification scheme and category for which it has been granted certification.

7.13 Applicant / candidate / certified person agrees to comply with the;

• relevant provisions of the certification scheme;
• claims regarding certification only with respect to the scope for which certification has been granted;
• not to use the certification in such a manner as to bring the CBQA Global into disrepute, and not to make any statement regarding the certification which the CBQA Global considers misleading or unauthorized;
• discontinue the use of all claims to certification that contain any reference to the CBQA Global or certification upon suspension or withdrawal of certification, and to return any certificates issued by the CBQA Global;
• not to use the certificate in a misleading manner

 

7.14 A candidate who fails to obtain the pass grade, may be re-examined twice in the failed part(s), provided the re-examination takes place not sooner than one month, unless further training acceptable to is satisfactorily completed, not later than six months after the original examination. A candidate who fails all permitted re-examinations shall apply for and take the initial examination according to the procedure established for new candidates.

7.15 A candidate whose examination results have not been accepted for reason of fraud or unethical behaviour shall wait at least 12 months before re-applying for examination.

 

7.16 Once all the examination process is over, if further examination is required due to non-compliances found, these will be undertaken and extra charge will be incurred by the applicant/ candidate/certified person.

7.17 After certification, if the Applicant / candidate / certified person changes anything which significantly affects the conformance to applicable relevant certification scheme or normative standards, applicable regulatory or statutory requirements or interested party requirements, then CBQA Global must be informed. CBQA Global reserves the right to conduct re-examination, if necessary.

7.18 Non-discrimination and Special Accommodations

All candidate applications shall be evaluated objectively without regard to age, sex, race, religion, national origin, or marital status. CBQA Global will allow for reasonable accommodations as required by the Disabilities Act. A candidate who needs special accommodations must make the request in writing and allow an extra two weeks for processing of the application.

7.19 Monitoring of Performance

To monitor and ensure competence of certified person, CBQA Global will conduct surveillance/monitoring program every year through submitted the CPD Log by certified person (certified person need to pay annual membership fee). If certified person failed to meet the requirement, certificate of certified person will be suspended for 6 (six) months. Renewal or re-certification is to be carried out at least three months prior to the expiry of the certificate at extra cost and the findings raised in the renewal/re-certification will need to be closed and certification decision needs to be taken prior to the expiry of the current certificate.

By issuing the certificate, CBQA Global attests to the qualification of the individual but does not give any authority to operate.

7.20 Extension to the Scope

This may be applied for in the same way as the initial evaluation/examination/assessment, indicating the increased scope of registration being required. Evaluation/examination/assessment will be carried out in the areas not previously evaluated/examined/assessed. If successful, a new certificate indicating the new scope will be issued by CBQA Global. There will be a charge for extensions to scope and re-issue of the certificates.

7.21 Short Notice Evaluation/Examination/Assessments

CBQA Global may, when necessary, conduct short notice evaluation/examination/ assessments or unannounced evaluation/examination/assessments to investigate complaints, or in response to changes, or as follow up to suspended Applicant / candidate / certified persons.

7.22 Reduction in Scope of Certificates Issued

CBQA Global shall wherever applicable reduce the scope of certification in the below mentioned circumstances;

• Due to in-ability of certified person due to age or loss of capability to perform the specified functions;
• Voluntarily request from the certified person;
• Certified person failed to maintain conditions of certification scheme;
• Complain against certified person from his/her clients.

7.23 Publicity

Once a certificate has been issued, the Applicant / candidate / certified person has the right to publish the fact. The relevant logos can be used for the reports issued by certified person. All conditions of the use of certificate and marks will need to be followed.

7.24 Certificate Misuse

CBQA Global will take all reasonable precautions to see that there is no misuse of their certificate in advertising etc. The applicant / candidate / certified person undertakes to use certification marks as appropriate to its defined or certified capability only.

7.25 Suspension

CBQA Global shall initiate the suspension process based on the following reasons:

• Effective corrective action for the non-conformance is not implemented within a specified time period (3 months from the date of non-conformance issued).
• Improper or misuse of the certificate, symbol or logo not remedied to the satisfaction of CBQA Global.
• Applicant / candidate / certified person have persistently failed to meet any of the requirements for certification scheme and normative references etc.
• Applicant / candidate / certified person fail to meet contractual agreement (related to financial) to CBQA Global.
• Applicant / candidate / certified person is unable or unwilling to ensure conformance to revisions of standards.
• Existence of a serious complaint, or a large number of second or third-party complaints, which indicate that the quality and capability of certified person is not being maintained.
• Applicant / candidate / certified person does not comply to the deadlines set by CBQA Global to upgrade to the latest revision of certification scheme as well as normative references.
• Applicant / candidate / certified person voluntarily requests for suspension.
• During the period of suspension, the Applicant / candidate / certified person shall not advertise or promote their certification mark.

The Suspension period will be for a maximum period of 6 (six) months, after which the certificate will be withdrawn if the conditions for placing the certificate under suspension is not met. If the conditions for suspension are met then the certificate will be restored.

7.26 Deregistration/Withdrawal/Cancellation

CBQA Global shall deregister/withdraw or cancel the certificate on the following grounds:

• The Applicant / candidate / certified person fail to take effective corrective action within six months of suspension for any of the reasons given above.
• Applicant / candidate / certified person make a formal request to withdraw certification.
• Infringement by the Applicant / candidate / certified person of any contractual conditions between the Applicant / candidate / certified person and CBQA Global.
• Applicant / candidate / certified person will be deregistered on expiry of the current certificate unless renewal has been successfully completed.
• Applicant / candidate / certified person can be deregistered upon expiry date of the current standards in which there are revisions in the standards.
• In case an Applicant / candidate / certified person has certification to multiple standards, based on the reason for suspension /withdrawal, Personnel Certification Manager of CBQA Global will decide the impact of continuation of certification of other standards not affected by suspension/withdrawal and re-issue the relevant certificates in case of withdrawal.

7.27 Termination

Applicant / candidate / certified person entitlement to the use of CBQA Global certification mark and the certificate shall end with immediate effect without the need for the notice of termination:

• If Applicant / candidate / certified person fails to notify CBQA Global without delay of any changes which are of major importance for the certification or of any impending change(s);
• If wrongful use is made of the certificate or the mark;
• If the result of the surveillance indicate that maintenance of the certificate is no longer justified;
• If the certification or maintenance of the certificate is prohibited under administrative law or by court order;
• Upon Applicant / candidate / certified person request.

The Parties hereby waive the provision of Articles 1266 of the Indonesian Civil Code requiring the pronouncement of the court for the termination of Rules and Services agreement.

The certification can also be terminated if the certified person has failed to meet the requirements of this Rules and Services agreement.

In the event that the certification is terminated, the registration certificate shall be deemed to be cancelled and the certified person have to stop using the certification and registration marks with immediate effect.

7.28 Changes in the Standard

Any change in the normative references will be applicable to the certified person within the period of 3 (three) years.

7.29 Appeals Procedure

If for any reason an Applicant / candidate / certified person is not in Application Form with the Examiner's verdict after an evaluation/examination/assessment, re-examination, including suspension or withdrawal of a certificate, he or she written appeal to the the Legal Department of CBQA Global by email complaints@cbqaglobal.com. All appeals will be held in the presence of an Appeal committee. The committee will hear evidence from the Applicant / candidate / certified person and the relevant examiner. The decision of the committee is final and binding on both the Applicant / candidate / certified person and CBQA Global. 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.

The actions in response of a complaint and appeal will be recorded by the Legal Department and will be held under confidentiality and communicated to respective appellant/complainant.

Appeals will be handled as per the appeals and complaint handling procedure.

7.30 Complaints Against CBQA Global Personnel

If an Applicant / candidate / certified person have a complaint regarding any employee of CBQA Global, this should be sent in writing to our Governance, Risk, and Compliance (GRC) of CBQA Global by email to complaints@cbqaglobal.com. The complaint shall be handled as per CBQA Global’s defined complaint handling process.

7.31 Accreditation Body Witnessed Evaluation/Examination/Assessments

It is a condition of the rules of registration that all Applicant / candidate / certified persons should, if requested, allow, Accreditation Body Auditor to visit the applicant/ candidate/certified person premises/witness CBQA Global to carrying out their evaluation /examination/assessments. Failure to allow this could jeopardize the Applicant / candidate / certified person’s registration.

CBQA Global reserves the right to change these rules of registration herewith without prior notification.

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WHAT IS BADGE

A badge is a mark for candidates who have successfully completed an exam and demonstrated competency in a particular skill to be publicized to employers and other interested parties.

A Badge can be published on an email signature, website, social media platforms or a digital CV.

CBQA GLOBAL BADGES

Pictorial representation of CBQA Global Badges is depicted below, which is to be used by certified persons:

USE OF CERTIFICATE

Certified person for use on reports issued by him/her shall use the Certificate as an achievement and can be shown to the Interested Parties.

The statement such as “ISO/IEC 17024 certified person” cannot be used by a certified person. It has to be clearly identified for the Certified Scope and cannot be misleading to the Interested Parties.

USE OF BADGE

Use of CBQA Global Badges is encouraged on the reports as well as relevant brochure and promotional materials generated by certified person. Narrative reference to accredited status in place of CBQA Global Badges is not acceptable.

CBQA Global Person Certification is personnel specific and relevant scheme specific. The Certification claim shall be related only to the scope of Certification, and not with any other similar scheme, if any.

Use of CBQA Global Badges on relevant means of communication is encouraged and it is the decision of the certified person. This is not mandatory to use the Badges.

The CBQA Global Badges to be used in such a manner that it should not give any wrong impact related to coverage of other scheme or activities, which are not certified as well as there should not be any misleading statement, which can give wrong impression to certified persons capacity.

CBQA Global certified persons shall not authorize the use of CBQA Global Badges by their customers, subcontractors, franchisees or any other third party. It is the certified person only who can use the CBQA Global Badges.

The CBQA Global Badges shall only be used by CBQA Global certified persons during the period when it holds valid certification.

The CBQA Global Badges shall be used by certified person only under the Name, on which it holds valid Certification and for the reports issued by him/her only.

When providing proof of certification, a certified person shall use the certificate/badge along with the list of schemes certified along with the relevant Standards (i.e., to be presented in full).

ACCREDITATION MARK

The Accreditation Mark can’t be used in association with any activity or service outside the scope of certification. The Accreditation Mark is specific to the certified person and may not be transferred to or used by other person within the same group of companies.

The Accreditation Mark can’t be displayed on a product or its packaging as this will imply the product itself.

The KAN Accreditation Mark can’t be used on promotional items, vehicles, flags or external buildings (as specified within the KAN “Penggunaan Symbol Akreditasi Komite Akreditasi Nasional” guidelines, KAN U-03 Rev.2)

The KAN Accreditation Mark can’t be displayed independently without the CBQA Global Badge.

DIGITAL BADGE

Digital badge is a type of credential to showcase achievements and specific skills that you have gained through competence certification.

Digital badge can be used in email signatures, digital resumes, social media sites such as LinkedIn, Twitter, Facebook, WeChat, XING, etc.

Digital badge are dynamic, verifiable, and easily shareable

CBQA Global is the legal entity responsible for personnel certification activities; reference to CBQA Global in this Policy and Public Statement refers to this legal entity.

CBQA Global its Top Management, Staff and Sub–contractors fully understand the importance of impartiality in undertaking its Personnel certification activities. CBQA Global will therefore ensure that, in all its dealings with applicants/candidates/certified persons for personnel certification services, all employees or other personnel are and will remain impartial. To ensure that impartiality following principles have been implemented;

• Certificate to the certified person is only issued after approval of authorized person, to ensure that no interest shall predominate.
• CBQA Global does not have (and will not form) any relationships with applicant/candidate/certified person or does not give any impression that if an individual has taken training from CBQA Global then he will be certified on priority basis as well as will complete the assessment with good score etc. Any proposed relationship between CBQA Global and applicant/ candidate/certified person will undergo a risk assessment by the Personnel Certification Manager for Impartiality prior to that relationship being formalized. Any current relationships with applicant/candidate/certified person will be assessed on a regular basis to ensure that the relationship does not impact upon the impartiality of the personnel certification activities.
• Individuals employed by or otherwise contracted to CBQA Global are required to document and record their current and past relationships, where there are chances of conflict of interest considering the nature of activities. Any situation past or present, which may present a potential conflict of interest, is required by CBQA Global to be declared. CBQA Global will use the information to identify any threats to impartiality and will not use that individual in any capacity unless they can demonstrate that there is no conflict of interest.
• CBQA Global does not and will not offer any commission, (‘finders fees’ or other inducements) to any individual or company in respect of referrals of applicants / candidates / certified persons for personnel certification services unless:

1. The terms and conditions of any such referral are clearly established and can be demonstrated and it can also be demonstrated that the fee is for a referral and the fact that a commission has been paid will in no way affect the outcome of personnel certification activities.
2. A risk assessment (to establish the potential for an unacceptable threat to impartiality) has been carried–out on the process through which any such payment is made to an individual or organization (normally a consultant or training institutes etc.) requesting the commission for referrals.
3. All such payments are documented, recorded, and traceable and accompanied by a purchase order and invoice.

• Personnel in certification and others involved in the personnel certification activities are not and will not be put under any pressure and will not be influenced in any way to come to a particular conclusion regarding the result of personnel certification activities.

CBQA Global Impartiality Norms:

• CBQA Global shall not recruit any person, who’s relatives are working where the services are to be provided unless impartiality can be proven.
• Adherence to all accreditation and other CBQA Global
• CBQA Global shall not employ any professional conflicting its ethical policies.
• CBQA Global shall not allow any of its certification personnel to market the services offered by the organization.
• All employees of CBQA Global shall disclose any situation impairing the business ethics.
• CBQA Global will allocate the work to its certification personnel considering the defined time period. No overwork/load will be given, which can cause chances of compromising the personnel certification activities.
• Any unethical practice observed should be notified to the management at the earliest.
• CBQA Global shall not allow any of its personnel to accept any gifts from client/sub–contractor/Training institute/applicant/candidate/certified person.
• CBQA Global shall not allow conducting assessment/examination for the person who is a relative of examiner/assessor.
• CBQA Global recognizes that the source of revenue is the applicant/candidate/certified person paying for personnel certification activities, and that this is a potential threat to impartiality. Therefore, CBQA Global is a self-financed independent organization, with a number of controls to ensure that impartiality is retained. To obtain and maintain confidence, it is essential that CBQA Global certification decisions are based on objective evidence of conformity or nonconformity, and that any decisions made are not influenced by other interests or by other parties. Decision on granting of certificate are made and signed for by an Authorized person, who was not responsible for such activities, where there are chances of potential conflict of interest. CBQA Global recognizes that threats to impartiality include the following:
• Self-interest threats arise from a person acting in their own interest.
• Self-review threats arise from a person reviewing the work that they have conducted themselves.
• Familiarity (or trust) threats arising from a person becoming too familiar with or too trusting of another, instead of seeking audit evidence.

Public Statement (as it incorporated in CBQA Global quotations and reports)

CBQA Global, its Top Management, Quality Coordinator/MR and Personnel Certification Manager, Staff and others involved in the personnel certification activities of the Organization fully understand the importance of impartiality in undertaking its Personnel certification activities.

CBQA Global will therefore ensure that in its dealings with applicants/candidates/certified persons for personnel certification services, all employees or other personnel involved in Personnel certification activities are, and will remain, impartial.

To ensure that impartiality is both maintained and can be demonstrated, CBQA Global has identified and risk assessed all relationships which may result in a conflict of interest or pose a threat to impartiality.