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DQS South Africa - General Business Conditions

DQS performs certification, audit and assessment services on behalf of their client. The below is the general business conditions


CONFIDENTIALITY, COPYRIGHT, DATA SECURITY , GDPR & POPIA

DQS observes business confidentiality, taking precautions to ensure that written expertise or any other facts or documents made available in the context of service delivery regarding the client and the subject matter are not forwarded, exploited, or publicized without authorization.

DQS may copy written documents for purposes of rendering the agreed service only, which documents have been made available to it for review by the client or were obtained during the ordinary course of service provision, for its own records. Insofar as written expertise, evaluation results, etc. have been created in the context of the order, which are subject to copyright protection, DQS grants the client a non-exclusive, non-transferrable right of use, as far as necessary in accord with the contractually prescribed purpose.

No further rights are granted; in particular, the client is not authorized to modify written expertise, evaluation results, and the like. DQS also processes and uses personal data for their own purposes within DQS Group only.

To this end, DQS also employs automatic data processing systems. In order to comply with the data security requirements of Article 32 of the General Data Protection Regulation (GDPR) and also the requirements of the Protection of Personal Information Act (POPIA), Act 4 of 2013 (effective 01 July 2021), DQS has implemented measures of a technical and organizational nature designed to ensure the security of stored data and data processing.

Employees involved in processing have committed themselves to the strict adherence to all applicable provision of the GDPR , POPIA and all relevant data security regulations.

DQS (Pty) Ltd observes business confidentiality and takes the necessary precautions to ensure that written expertise or any other facts or documents made available in the context of service delivery to the client, are not forwarded, exploited or publicized, without prior written consent.

Personal information that may be gathered, will be collected and used for the purpose for which it was collected. DQS (Pty) Ltd reaffirms its commitment to the data subject and that the information will not be shared with any third party without the consent of the data subject.

The personal information submitted by a data subject, will be processed lawfully and in a reasonable manner that does not infringe on the privacy of the data subject.

DQS (Pty) Ltd will take reasonable and practicable steps to ensure that the personal information is complete, accurate and not misleading and updated where necessary. DQS (Pty) Ltd will comply with the purpose for which the personal information was collected or further processed.

SERVICE DELIVERY

The nature of the services delivered by DQS is that of an independent contractor rendering services to a client in terms of the DQS Assessment and Certification Regulations as set out in Annexure A hereto.

Note that all certification services, standards and/or accreditations are issued based on the accreditation held by these DQS offices: 

  • DQS South Africa holds accreditation for ISO 9001:2015, ISO 14001:2015 and ISO 45001:2018.
  • DQS CFS GmbH holds accreditation for all food-related standards (DQS Food Safety Solutions GmbH).
  • DQS GmbH holds accreditation for all other accredited standards.

Whenever DQS South Africa provides a service under authorization or accreditation of another DQS office, it acts in name and in behalf on the respective authorized/accredited office.

Acceptance of the local offer and signature of the DQS South Africa contract constitutes also a legal binding certification contract between client and authorized/accredited DQS office.

Should additional services be requested and/or necessitated whilst the agreed services are being rendered, the parties will agree thereto in advance, in writing along with any additional cost that such service may result in.

DELAY

Should there be a delay in finalising the services as a result of circumstances relating to DQS Auditors, this will be communicated in writing (electronically) to the client and the cost of such delay shall be borne by DQS.

Should the delay result from the client’s circumstances, the client is to advise DQS, in writing (electronically) accordingly and DQS will advise the client if the delay occasions additional costs, before such costs are incurred.

CANCELLATION

In the event of a cancellation/postponement by the client at short notice, the following fees will apply:

  • 4-6 weeks default: 15% of order confirmed
  • 2-4 weeks default: 25% of order confirmed
  • 1-2 weeks default: 50% of order confirmed
  • Within 48 hours 100% of the order confirmed, including any travelling, accommodation or flights incurred

DQS may terminate the agreement by giving written notice to the client only on good cause shown. Cancellation shall further comply with DQS Assessment and Certification Regulations.

QUALITY OF SERVICE

DQS warrants that the assessment services will be performed in a professional and workmanlike manner consistent with internationally recognized ISO/IEC TS 17021-3:2013 Conformity Assessment - -requirements for bodies providing audit and certification of management systems – Part 3: Competence requirements for auditing and certification of quality management systems.

CERTIFICATE

Once the assessment has been successfully completed a certificate will be issued within 21 business days, provided the clients’ account has been paid in full.

The certificate is further issued and valid only on the understanding that the client has made a full disclosure to DQS of all the required and necessary information/ documentation that was requested at the commencement of the assessment and as required by the industry standards.

DAMAGE

The client indemnifies DQS against any claim for damages suffered as a result of the assessment services being rendered, unless such damage is as a result of the gross negligence or wilful misconduct on the part of the auditor.

In such case the liability is then limited to twice the amount paid by the client per annum in respect of DQS Services, as per the DQS S.A. Liability Insurance.

PROTECTION OF INFORMATION

DQS may request information/documentation in the process of fulfilling its obligations in terms of this agreement that are of a confidential nature.

DQS undertakes to use the said information/ documentation only for purposes of the assessment and will not disclose any part thereof to a third-party other than in the course and scope of its obligation to render service in terms of this agreement and only in as far as it is necessary to fulfil its obligations in terms of this agreement.

 

PAYMENT

A Certificate will only be issued once the client’s account has been paid in full.

An invoice will be rendered after each stage of assessment and is due for payment within 30 days of receipt. In the event that an invoice is not paid within the stipulated period, notice will be given in writing to the client. Failure to make payment after receipt of the written notice will constitute repudiation of the agreement and DQS may pursue the necessary legal remedies to recover its costs incurred up to date, including but not limited to any cost incurred in performing its obligations in terms of this agreement.

JURISDICTION AND ARBITRATION

The parties agree to the jurisdiction of the Magistrate Courts herein, notwithstanding the claim amount or relief sought in any dispute that may arise.

HOWEVER, prior to the initiation of any legal proceedings in the Magistrates Court, the parties agree to attempt resolution of the dispute by means of Arbitration. Such Arbitration is to take place in accordance with the provisions made for Arbitration in the Arbitration Act 42 of 1965. The cost of such arbitration is to be borne in equal shares by the parties.

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