Certification
Agreement
(Issue 2
Dated
1.0 Scope
Certification Agreement
covers the terms and conditions of the certification body for testing and
certification of smart cards/Microelectronic Module. This includes the
obligations of the client and certification body.
2.0 Responsibility
Director (Smart Card
- To ensure that agreement is
signed by the client without any dissent
(Product Certification)
Clients - To abide by the Rules and Procedures, terms
and conditions, laid down by
Certification body.
Certification Body
- To provide service to
applicant as per agreement.
2.0 Responsibility of Certification Body
As a party to this
agreement, to evaluate and certify smart card for Road Transport Application
& Certify Microelectronic Module for MNIC application in accordance with
the current issue of Rules and Procedures and other Applicable normative
documents, It should be noted that in pursuance of its policy of continuous
improvement of its services, Certification Body reserves the right to modify
the contents of Rules and Procedures at any time.
3.0 Responsibility of Client
As a party to this
agreement, to provide Certification Body with all documents, information and
facilities as necessary to enable Certification Body to provide the services
under this agreement. Also to abide by the terms and conditions as laid down by
Certification Body from time to time.
4.0 Terms of Payment
Terms of payments are as
per document “schedule of charges” It should be noted that schedule of charges
is subject to review and should be paid in advance.
5.0 Invoices
Invoices will be submitted as soon as practicable
before initiating
a) the testing evaluation
b) certification activity
c) annually for maintenance of certification.
6.0 Liability
The Certificate given to a
client under the scheme shall not be regarded as in any way diminishing the
mutual contractual responsibilities/ obligations between the client and his
customer. While the Certificate will normally be a sound indicator of the capability
of client to; in line with the applicable standards and normative documents, it
should not be taken as a sort of guarantee accorded by the Certification Body.
7.0 Indemnity
The organization shall
fully and effectively indemnify Certification Body against all costs, claims,
actions and demands arising from:
i) The services provided by Certification Body.
ii) The use or misuse by the organization of
Certificate and/or logo provided by Certification Body in accordance with this
agreement.
iii) Any breach
of this agreement.
9. OBLIGATIONS OF CLIENT
9.1 A
client/ organization holding a valid Certificate shall:
a) Comply in
all respects with the Applicable standards and normative documents.
b) Submit to the Certification
Body for information, the form in which he proposes to use the Certificate and/
or logo/ mark;
c) Not use the
Certificate/ logo/ mark in any manner which may mislead the interpretation;
d) Not make any change to the
System which formed the basis for grant or continuation of registration and
which prevents compliance with the Product standard;
e) Document all changes made to
the System and make available records of such changes to the Certification
Body;
f) Keep records of all customer
complaints in respect of products, process or service and corresponding remedial measures related to
System;
g) Provide the name and
addresses of its clients/ organization/ user where the Smart Card products are
being supplied under a commercial agreement and where the certificate of
compliance is one of the basis for supply, within one month of getting the order/signing the agreement.
h) Upon suspension or cancellation / withdrawal of Certificate,
discontinue of use of Certificate and
logo/ mark in all advertising material and other matter which contains any reference thereto; and
i) Pay all
financial dues to the Certification Body as prescribed.
Note: the client/ organization is not entitled to any refund
of fees paid or cost incurred in the
event of non-renewal, suspension,
withdrawal/ cancellation, modification of certificate.
9.2 Obligation of
Client Related With Testing , Use of Test Report and of Certification Body:
a) The test report issued by
the Certification Body is not to be used for any legal purposes and shall not
be produced in the court of Law.
b) The test
report shall not be misused.
c) The test report must be
reproduced in full and in no case, this should partially be re-produced.
d) The test report shall not be
regarded in any way diminishing the contractual requirements between the buyers and sellers.
e) The Certification Body
provides the services solely for the benefit of the client. As the sole
intended beneficiary, the Certification Body has a right to enforce this agreement
over the client.
f) This agreement is not enforceable by any third
parties, including, the general public, the Client's customers, creditors,
potential investors, shareholders or other developers or testers who are
working for or in conjunction with the client.
g) The test report provided by
the certification body to the client is for the benefit and guidance of the
client only and not in tended for communication to a broader audience.
h) The Certification Body and
the client have arrived at the extent and depth of testing that can reasonably
achieved despite the Certification Body Client's other constraints and the
product's design and reliability.
i) The Certification Body shall
have no liability for any damages to the client or consequential damages (including lost
profits) of the client or any third party, even if the Centre has been advised
of the possibility of such damages.
j) The conditions are subject to change/
modification without any prior notice.
k) The Certification Body does
not endorse the ownership of the product claimed, if any, by the client.
l) The test lab/ Certification
Body has only tested the product as a black box as received from the client and
in no way addressed the issue of violation, if any, of the intellectual product
rights.
m) The responsibility of confirming the correctness of the contents was
that of the client and NOT that of the Certification Body. The Certification
Body has only checked the quality of the product assuming that the contents are
correct and appropriate.
n) The Certification Body considers the Client’s test results and other
product related information as
confidential information of Client and agrees not disclose to any third party
without prior written consent of client.
o) In case of any technical dispute, disagreement or interpretation,
the decision of Certification Body
shall be final and binding on both the parties.
p) Product to be tested and associated documentation shall be given
free of charge. Certification Body
and software test lab is permitted to install this software on one or more
machines at laboratory for the purpose of testing and evaluation only.
q) Smart Card product is given
to the test lab and certification body without any warranty or support as to
performance.
r) Certification Body and test
lab are not permitted to modify any or all of the components of the Smart Card
product.
s) Certification Body and test lab is prohibited
from
(i) distributing Smart Card & related
product to any other party
(ii) commercializing any part or whole of
the product
(iii) donating it to interested party or
otherwise
(iv) packaging, bundling up or integrating in
any other software.
t) Certification body has right
to keep smart card product submitted for testing & certificate as
reference.
Acceptance of
Certification of Agreement
The terms and
conditions laid down in this document are acceptable to me.
FOR THE CLIENT/ ORGANIZATION FOR CERTIFICATION BODY
_______________________
______________________________
(Name and signature)
(Name, function title, and signature)
Authorized signatory
Authorized signatory
Date________
Date________