These Conditions apply to the legal relationship between BLUESTAR MANAGEMENT SYSTEMS PVT. LTD. (BLUESTAR) and the Client (name and address of the applicant organization/person)
Address of any registered office and/or any other permanent site(s) that come under the scope of certification: ……………………………………………………………………………………………………………………………………………………………………………………………………..
This contract is legally binding between BLUESTAR and the client together with all of their sites to which they are seeking certification. This agreement becomes a legally enforceable document once it is signed by BLUESTAR and the client.
1.1 Conditions – the conditions defined within this document reflect the requirements of the Accreditation Board with whom BLUESTAR is accredited.
1.2 Legal Status – BLUESTAR is a private limited company incorporated in state of Maharashtra (India). Registration No. U91100MH2014PTC256638
1.3 Scope – BLUESTAR provides certification/registration services in-line with its accredited scope.
1.4 BLUESTAR Structure – A documented chart showing BLUESTAR organization and reporting structure is available upon written request.
1.5 The contract between the Client and BLUESTAR is constituted of these Conditions, Proposal/Application, and Regulations governing the use of the Registration Mark. Variation to the Contract shall not be valid unless it is in writing and signed by or on behalf of the Client and BLUESTAR.
1.6 Where a Certificate is issued to the Client, BLUESTAR shall carry out its services in accordance with these conditions.
1.7 The Client acknowledges that, in entering into the Contract, it does not rely on any representation, warranty or other provision except as expressly provided in the Contract. Any conditions or requirements included in the Client’s standard form documents that are inconsistent with, or which purport to modify or add to the conditions shall have no effect unless expressly accepted in writing by a Director of BLUESTAR.
1.8 These Conditions cover management system certification/registration in accordance with Accreditation Board requirements.
2.1 BLUESTAR maintains confidentiality at all levels within its organization. Confidentiality relates to all information obtained whilst performing its business. BLUESTAR will not disclose any information to a third party, unless in response to a legal process or as required by the Accreditation Board. Any information disclosed will be provided in writing to the client prior to release.
2.2 Application For Registration – BLUESTAR requests the Management Representative or an authorized representative of the applicant organization to provide the necessary information. Before proceeding with an audit, BLUESTAR conducts a review of the application and supplementary information for certification. Following the review of the application, BLUESTAR will either accept or decline an application for certification. When BLUESTAR declines an application for certification as a result of the review of application, the reasons for declining an application will be documented and made clear to the client. On receipt of the completed Questionnaire, BLUESTAR sends a Contract to the Client outlining the scope and costs of the services. Once the signed Contract is returned to BLUESTAR, together with any due payments, BLUESTAR will nominate a Lead Auditor, who will be responsible for ensuring that audits are carried out in accordance with the procedures of BLUESTAR.
2.3 BLUESTAR will audit the Client’s relevant management systems. In order to do so, it shall inform the Client of the date of the audit visits, together with an itinerary for completion of the audit program. However, the time and duration of the audits are for guidance and BLUESTAR will not be bound to complete the audit program within the itinerary, but will use all reasonable endeavors to keep the Client informed about progress ontheir audit program BLUESTAR has developed an audit program for the full certification cycle to clearly identify the audit activity(ies) required to demonstrate that the client’s management system fulfils the requirements for certification to the selected standard(s) or other normative document(s). BLUESTAR audit program includes a two-stage initial audit, surveillance audits in the first and second years, and a recertification audit in the third year prior to expiration of certification.
2.4 If not satisfied that all registration requirements are met, BLUESTAR will identify the area of nonconformity and inform the Client. When the Client can show that effective corrective action has been taken (within the time specified by BLUESTAR), BLUESTAR will arrange to audit the necessary parts of the system.
2.5 If the Client fails to take corrective action within the specified time limit, it may be necessary for BLUESTAR, at extra cost, to repeat an audit in full.
2.6 Identification of conformity shall refer only to the sites audited as specified on the Certificate.
2.7 On completion of an audit program the Lead Auditor will advise the Client whether or not a recommendation to issue a Certificate is to be made. Such recommendation is not binding on BLUESTAR The decision to issue a Certificate is at the sole discretion of BLUESTAR Management Systems Pvt. Ltd.’s Registration Board. When BLUESTAR is satisfied that the Client meets all the registration requirements, it will inform the Client and issue a Certificate.
2.8 The Certificate will remain the property of BLUESTAR and may only be copied or reproduced for the benefit of a third party if the word “copy” is marked thereon.
2.9 The certificate will remain valid as indicated thereon unless a maintenance audit visit reveals that the management system of the Client no longer meets the standard.
2.10 Registration Marks – Upon issue of a Certificate, BLUESTAR will also authorize the Client to use a registration mark.
2.11 Misuse of a Certificate or Registration Mark – BLUESTAR will take suitable action, at the expense of the Client, to deal with incorrect or misleading references to registration or use of Certificates and registration marks. These include suspension or withdrawal of the Certificate, legal action and/or publication of the transgression.
2.12 Periodic maintenance audits of the client’s system will be carried out and shall cover, all aspects of the system, documentation, processes and products, within the agreed audit scope, at the discretion of the Lead Auditor
2.13 The Client shall be informed of the results of the maintenance audit.
2.14 BLUESTAR may suspend a Certificate for a limited period in cases such as the following:
2.14.1 If a Corrective Action Request has not been satisfactorily complied with, within the designated time limit.
2.14.2 If a case of misuse that is not corrected by suitable retractions or other appropriate remedial measures by the Client.
2.14.3 If product is being released to Customers in an unsafe or otherwise non-conforming condition.
2.1 The Client shall not identify itself as being registered and shall not use any registration mark on any product or service that have been offered under a suspended Certificate.
2.2 BLUESTAR will publish suspension of a certificate and the clients name will be removed from BLUESTAR ’s list of registered organizations on its web site.
2.3 BLUESTAR will confirm, in writing to the Client, the suspension of a Certificate. BLUESTAR will indicate under which conditions the suspension will be removed. At the end of the suspension period, an investigation will be carried out to determine whether the indicated conditions for reinstating the Certificate have been fulfilled. On fulfillment of these conditions, the suspension shall be lifted and the Client notified of the Certificate reinstatement. If the conditions are not fulfilled the Certificate shall be withdrawn.
2.4 All costs incurred by BLUESTAR in suspending and reinstating a Certificate will be charged to the Client.
2.5 The Client will be informed of the requirements for Certificate renewal during the final maintenance visit.
2.6 After completion of a new questionnaire, an audit will be carried out on extended system. The cost of extending the scope of registration will be based on the nature and amount of work.
2.7 Following a successful extension audit, a new Certificate will be issued covering those systems audited. Although the original Certificate will normally remain in force, it may be necessary in some instances to issue a new Certificate.
2.8 Recognition of Accredited Organizations – BLUESTAR will generally recognize the registration of other accredited organization where this does not compromise the integrity of a system or registration scheme. BLUESTAR reserves the right not to do so at its discretion.
2.9 Where BLUESTAR discovers a legal noncompliance during the course of an Environmental audit it will be reported to the client (verbally and may be included within the audit report). Where law requires disclosure, BLUESTAR will respond as indicated in 5 above.
2.10 BLUESTAR gives its certified clients due notice of any changes to its requirements for certification. BLUESTAR verifies that each certified client complies with the new requirements.
2.11 Certificate issued to the client is liable to be withdrawn if the client fails to abide by the certification rules of BLUESTAR or in the event of BLUESTAR losing its authority to continue its certification activities due to cancellation or withdrawal of its accreditation on account of its failure to adhere to the accreditation terms and conditions agreed upon with the Accreditation Board.
3.1 The client agrees to ensure that their management system is fully functional and has been implemented for a minimum of 3 months, including but not limited to a full internal audit cycle completion of at least one complete Management Review Meeting prior to the certification/registration audit.
3.2 The Client understands and agrees that BLUESTAR may use employed or subcontracted auditors to perform their audit activities. In order to obtain and maintain registration client must adhere to the following requirements:
3.2.1 The Client agrees to make available to BLUESTAR, all documents, and other information required by BLUESTAR to complete the audit program. The Client shall ensure that all necessary access, assistance, information and facilities are made available to BLUESTAR when required, including the assistance of competent and authorized personnel of the Client. The Client shall, in addition, provide BLUESTAR, free of charge, suitable space for meetings.
22.214.171.124 The Client shall appoint a designated person who is authorized to maintain contact with BLUESTAR.
126.96.36.199 The Client shall give access to all sites for maintenance audit purposes whenever deemed necessary, and BLUESTAR shall reserve the right to make unannounced visits as required.
188.8.131.52 The Client shall provide access to Accreditation Board audit teams accompanying BLUESTAR auditors for the purpose of witnessing BLUESTAR ’s audit team. Note: Where a Client refuses access to an Accreditation Board witness team BLUESTAR is duty bound to advise Accreditation Board accordingly. Where Accreditation Board witness is refused BLUESTAR may not issue an Accreditation Board accredited certificate. Where Client already holds an Accreditation Board certificate it will be withdrawn.
184.108.40.206 The Client shall maintain a register recording all customer complaints relating to those products, processes or services covered by the Certificate and make this available to BLUESTAR on request.
220.127.116.11 Multi-Site clients applying for ‘Multi-Site’ registration on a sampling basis shall ensure that each work location must be performing substantially the same type of business, and the entire range of products or services supplied by each location must be included in the scope of certification. The range of services or products to be covered by the certification should be of a non-complex nature and BLUESTAR reserves the right to not accept applications that are not appropriate for certification on a sampling basis. The organization must have a defined and controlled Policy such that it is applicable to all sections of the organization that are included in the proposed scope of certification. The system must be centrally managed and uniform across all work locations covered by the proposed scope of certification. As a minimum requirement, the following elements of the system must be centrally managed – management review, internal audits, corrective action, changes to the system documentation, data and structure. All work locations to be included in the scope of certification must be owned by the organization and be an integral part of the organization’s management structure.
18.104.22.168 The client understands that failure to effectively maintain registration at any of the registered sites will lead to withdrawal of registration from all sites.
22.214.171.124 The client understands that a nonconformance raised against one site shall be investigated for action at all sites included within its registration.
126.96.36.199 The Client shall have a documented procedure to inform BLUESTAR, in writing, of any intended significant modification to its system, or processes, which may affect conformance with the standards. The certified client should ensure that it informs BLUESTAR, without delay, of matters that may affect the capability of the management system to continue to fulfill the requirements of the standard(s) used for certification. These include, for example, changes relating to:
a) The legal, commercial, organizational status or ownership,
b) Organization and management (e.g. key managerial, decision-making or technical staff),
c) Contact address and sites,
d) Scope of operations under the certified management system, and
e) Major changes to the management system and processes
Where the client has an EMS or H&S system the procedure shall also address communication with BLUESTAR regarding legal action against the client or the registered organization. BLUESTAR will determine whether the notified changes require additional audit. Failure to notify BLUESTAR may result in suspension of the Certificate.
188.8.131.52 The Client may only reproduce or publish extracts of Reports of BLUESTARif the name of BLUESTARdoes not appear, or the Client has obtained the prior written authorization of BLUESTAR
184.108.40.206 The right to use a BLUESTAR or Accreditation Board mark is contingent on maintaining a valid Certificate in respect of the registered management system and Regulations governing the use of the mark of BLUESTAR / Accreditation Board
3.3 Client may advertise that its management system has been registered and may apply the relevant registration mark to stationery and publicity materials relating to the scope of registration as provided. The Client may not apply such mark in relation to its products. The Client shall ensure that no confusion arises between registered and non-registered systems, products or sites in its publications and advertising material. The Client shall not make any claim that could mislead third parties to believe that certain systems, products or sites have been registered when they have not.
3.4 A Client who has been authorized to use a registration mark must also comply with the Regulations governing the use of the mark of BLUESTAR / Accreditation Board Improper use of a registration mark shall be a serious non-conformance.
3.5 In order for BLUESTARto comply with health and safety legislation, the Client shall provide BLUESTAR with all available information regarding known or potential hazards likely to be encountered by BLUESTAR personnel during their visits.
3.6 In order to revalidate its Certificate at the end of every registration cycle, the Client is required to repeat the application procedure. The Client will be informed of the requirements for Certificate renewal during the final maintenance visit, but sole responsibility for timely filing of the renewal application shall be with the Client.
3.7 Following issue of a new Certificate the Client must return the superseded Certificate to BLUESTAR .
3.8 In order to extend the Certificate to cover additional sites or aspects, the Client is required to complete a new Questionnaire.
3.9 The client will agree to allow personnel from BLUESTAR ’s accreditation board to avail access to its premises, whenever required, for carrying out verifications, inspections, enquiries or audits necessitated out of any non compliance of the management system implemented at the client’s premises or based any on information/report/complaint received by BLUESTAR ’ accreditation board.
4.1 The fees quoted to the Client cover all stages of the audit program, i.e., initial certification and continuing certification. BLUESTAR will increase its charges if the Client’s instructions are found to be different from the initial details supplied or used for the purpose of obtaining a fee quotation. Clients will be notified of any increase in fees.
4.2 Additional fees may be charged for operations that are not included in the agreed proposal and for extra audits required due to non-conformances being identified. These could include costs resulting from:
4.2.1 Repeat of any part, or all, of the audit program due to the registration procedures and rules not being met
4.2.2 Re-audit due to changes in the management system or products or services.
4.2.3 Additional fees will be payable at the agreed contractual day rate.
4.2.4 Additional audits, if required, for verification of effective correction and corrective actions will be at the expense of the client. The cost will be formally communicated to the client prior to undertaking the audit.
4.3 Following submission of the Report to the Client, BLUESTAR will issue an invoice to the Client.
4.4 Invoices for additional and further work will be issued on completion of the relevant task. Unless advance payment has been agreed upon, all invoices are payable upon receipt of each invoice, regardless of whether the Client’s system qualifies for registration.
4.5 Any use by the Client of any Report or Certificate or the information contained therein is conditional upon timely payment of all fees and charges. In addition to the remedies set out in the Standard Business Terms, BLUESTAR reserves the right to cease or suspend all work and/or cause the withdrawal of any Certificate for a Client who fails duly to pay an invoice.
4.6 All deposits are non-refundable
4.7 Service Tax OR Taxes as applicable will be added to prices quoted.
4.8 All Prices are in Indian Rupees unless otherwise specified
4.9 In the event that a client is unsuccessful in achieving registration, all fees are non-refundable
5.1 The following is the policy and procedure for suspending, withdrawing or reducing the scope of certification and the subsequent actions by BLUESTAR :
a) Suspending: BLUESTAR shall suspend certification in cases when, for example, a client’s certified management system has persistently or seriously failed to meet certification requirements, including requirements for the effectiveness of the management system, the certified client does not allow surveillance or recertification audits to be conducted at the required frequencies, the certified client does not make payment to BLUESTAR despite reminders, the certified client does not close non- conformities raised during surveillance audits, or the certified client has voluntarily requested a suspension. BLUESTAR ’ s decision on suspending the certification shall be communicated to the client, in writing. Under suspension, the client’s management system certification is temporarily invalid.
b) Withdrawing: BLUESTAR 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 BLUESTAR shall result in withdrawal or reduction of the scope of certification. In most cases, the suspension would not exceed six months. BLUESTAR decision on withdrawing certification shall be communicated to the client, in writing. This agreement is an enforceable arrangement 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.
c) Reducing: BLUESTAR shall 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 of those parts of the scope of certification. Any such reduction shall be in line with the requirements of the standard used for certification. BLUESTAR decision on reducing the scope of certification shall be communicated to the client, in writing. Unless otherwise agreed in writing, the Client shall be entitled to terminate the Contract at any time by giving not less than Ninety days’ notice in writing to BLUESTAR. If the Client terminates the Contract (other than by reason of default by BLUESTAR in its obligations) BLUESTAR shall be entitled to charge the Client reasonable fees at agreed contract rates and expenses in respect to work carried out by it for the Client prior to termination.
5.2 If BLUESTAR terminates the Contract (other than by reason of default by the Client in its obligations) BLUESTAR will reimburse to the Client any sums paid by the Client to BLUESTAR less the application fee and any expenses incurred by BLUESTAR under the Contract, however BLUESTAR shall not be liable to make any other reimbursement or pay any other compensation to the Client.
5.3 Withdrawal of Certificate – A certificate may be withdrawn if:
5.3.1 The Client takes inadequate action in the case of suspension.
5.3.2 BLUESTAR terminates its contract with the Client.
5.4 In any of these cases, BLUESTAR has the right to withdraw the Certificate by informing the Client in writing.
5.5 The Client may give notice of appeal.
5.6 In cases of withdrawal, no reimbursement of audit fees shall be given and withdrawal of the Certificate shall be published by BLUESTAR and notified to the appropriate accreditation body, if any.
5.7 Cancellation of Certificate – A Certificate will be cancelled if:
5.7.1 The Client advises BLUESTAR in writing that it does not wish to renew the Certificate or goes out of business.
5.7.2 The Client does not commence timely application for renewal.
5.8 In cases of cancellation, no reimbursement of audit fees shall be given and cancellation of the Certificate shall be published by BLUESTAR and notified to the appropriate accreditation, if any.
5.9 Appeals – If, for any reason (other than non-payment of audit fees), notification is given which may result in a Certificate not being issued, suspended or being withdrawn, the Client has the right to appeal. BLUESTAR “Procedure for complaints and appeals” describes BLUESTAR appeals handling process in detail.
5.10 Notification of the intention to appeal must be made in writing and received by BLUESTAR within seven days of receipt of notification of the non-issue, suspension or withdrawal of the Certificate.
5.11 An Appeals Form will be sent to the Client for completion and must be returned to BLUESTAR within 14 days of receipt, supported by relevant facts and data for consideration during the Appeals Procedure.
5.12 All appeals are forwarded to BLUESTAR and are put before a sub-committee of the Advisory Board of BLUESTAR , comprising three non-executive members. BLUESTAR shall be required to submit evidence to support its decision to withhold, suspend or withdraw the Certificate.
5.13 In instances where the appeal has been successful and the Certificate issued or reinstated, no claim can be made against BLUESTAR for reimbursement of costs or any other losses incurred as a result of the withholding, suspension or withdrawal notification.
5.14 Complaints: If a Client has cause to complain regarding the conduct of employees of BLUESTAR , the complaint shall be made in writing, without delay, and addressed to the Top Management of BLUESTAR .
5.15 Upon receipt of a complaint, BLUESTAR confirms whether the complaint relates to certification activities that it is responsible for and deals with it only if it is so. Examination of such a complaint shall also consider the effectiveness of the certified management system of the client.
5.16 BLUESTAR shall refer, at an appropriate time, a complaint to the certified client in question.
5.17 The documented process to receive, evaluate and make decisions on complaints is subject to requirements for confidentiality, as it relates to the complainant and to the subject of the complaint.
5.18 BLUESTAR procedure for complaints and appeals is available on its website.
5.19 BLUESTAR will determine, together with client and complainant, whether and, if so to what extent, the subject of the complaint and its resolution shall be made public.
5.20 BLUESTAR will provide the client with the liberty to approach the Accreditation Board in case the client is not satisfied, or the complaint has not been resolved within 90 days from the date of its receipt.
6.1 If BLUESTAR is prevented by reason of any cause whatsoever outside of BLUESTAR’s control from performing or completing any service for which a Contract has been made, the Client will pay to the Company:
6.1.1 The amount of all abortive expenditures actually made or incurred
6.1.2 A proportion of the agreed fees equal to the proportion (if any) of the service actually carried out
6.2 BLUESTAR shall be relieved of all responsibility whatsoever for the partial or total non-performance of the required services.
7.1 BLUESTAR will exercise due care and skill in the performance of its services and accepts responsibility only in cases of proven negligence.
7.2 BLUESTAR shall have no liability to the Client arising out of or in connection with the Contract and its performance by reason of any representation or the breach of any express or implied condition, warranty or other term of any duty at common law or under any statute for any indirect, special or consequential loss of the Client (including loss of profits), and the total liability of the Company to the Client in respect of any other loss shall be limited in respect of any one event or series of connected events, to an amount equal to the fees paid to the Company under the Contract (excluding General Sales Tax thereon).
7.3 The Client acknowledges that BLUESTAR does not, either by entering into the contract or by performing the services rendered, undertake to discharge any duty of the Client to any other person.
7.4 The Client shall guarantee, hold harmless and indemnify BLUESTARand its officers, employees, agents or subcontractors against all claims made by any third party for loss, damage or expense of whatsoever nature including reasonable legal expenses and howsoever arising relating to the performance, purported performance or non-performance of any services to the extent that the aggregate of any such claims relating to any one service exceed the limit mentioned in Clause 7.2
7.5 BLUESTAR reserves the right to add to, delete or change these conditions to maintain conformance with Accreditation Board requirements, without prior notification.
7.6 Responsibility & Authority – BLUESTAR is responsible for and retains absolute authority for decisions relating to the granting, Refusing, maintaining of certification, expanding or reducing the scope of certification, renewing, suspending or restoring following suspension, or withdrawing of certification
In case of any dispute, this agreement is subject to jurisdiction in courts of Mumbai, India