IAQ Standard Terms of Business

(Effective from 19th September 2019)

Scope
Unless indicated otherwise the standard terms of business apply to customers seeking or holding International Association for the Advancement of Quality (“IAQ”) ceritifcation.

Fee structure and definitions
The price list that is effective from 19 September 2019 is on page 6 of this document. Our prices are reviewed annually and are subject to amendment at any time.

Application Fee
The first step when seeking accreditation is to submit a completed application form and the application fee so that we can begin consideration of the applicant’s readiness for certification and/or accreditation.

The fee is payable in advance of the application review process and is not refundable if the applicant withdraws.

Pre-assessment and Initial Assessment Work
Pre-assessment or initial assessment work is that required for the grant of accredited status under a standard separate from any currently held.

Extension to Scope
Organisations and/or individuals wishing to extend their accreditation must complete an appropriate application form for the appropriate category available from our web-site. Additional assessor, expert or administration time is required to process and assess an extension to scope and a separate charge will be made.

IAQ reserves the right to charge for travel time for an assessment or presentation outside of the Malaysia.

Annual Accreditation Fee
Apart from the fees for assessment work above, some organisations will be subject to an annual accreditation fee. For information on when this charge will be applicable and how it will be charged please refer to the price list on page 6.

Expenses
See details in the price list on page 6.

Cancellation Policy
If the customer has serious quality problems after obtaining the certification and is sentenced to crimes by the court, customer will be disqualified from the certification. Cancellation news will be published on the official website (www.myiaqcertified) without any approval from the customer and no compensation will be given.

Quotations
Customers are entitled to quotations before work begins and are required to confirm their acceptance of the quotation within 14 days of the date of issue. Once work has started, the customer is deemed to have accepted the quotation and is committed to paying for the quoted quantity of effort and any expenses. Although we will endeavour to carry out the job within the effort allowed by the quotation, we reserve the right to agree and bill for a different quantity if this is what is actually worked.

Invoicing
Invoices are raised in Ringgit and are due and payable in full, are raised in electronic format and sent via email.

Tax will be applied according to Malaysia rules. Any non-Malaysia taxes and all other transaction charges relating to the payment remain the responsibility of the customer.

Payment Terms
For all customers, our standard payment terms are 7 days from the date of the quotation, except where indicated that payment is required before any work is undertaken.

We are committed to resolving any quotation queries as soon as possible. Any query over an invoice must be raised in writing to the certified@myiaqcertified.com within 14 days of the date of the fee note. If no query is so raised within this period the fee will be due and payable without any right of further explanation, amendment or dispute.

Payment Methods
We accept electronic payment via bank transfers and or credit card payments by phone. You can make a payment by phone by calling Finance on (603) 8066 9224.

Call Recording
Your calls to IAQ and calls from IAQ to you may be recorded for training and quality purposes. IAQ may also use recorded calls for the purpose of handling complaint procedures.

Applicable Law
Unless otherwise stated, our engagements are governed by, and construed in accordance with, Malaysia law. The Courts of Malaysia will have exclusive jurisdiction in relation to any claim, dispute or difference concerning our engagements. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or claim that those courts do not have jurisdiction.

If any provision in this Standard Terms of Business or any associated engagement letter, or its application, are found to be invalid, illegal or otherwise unenforceable in any respect, the validity, legality or enforceability of any other provisions shall not in any way be affected or impaired.

Complaints Procedure
In the event that a customer wishes to complain to IAQ, any investigation undertaken will be in accordance with the Customer Feedback process, details of which are available on the IAQ website. Notwithstanding a customer’s right to appeal an accreditation decision, a customer retains the obligation to pay IAQ for any work done in accordance with the payment terms as set out in this document.

Rules for the Use of IAQ’ Certification Symbols
IAQ has protected its accreditation symbols by registering all certification symbols as Trade Marks in accordance with the Trade Marks Act 1994. The following accreditation symbols are currently registered as Trade Marks:

• International Association for the Advancement of Quality
• International 5 Star Certification
• International Quality Certification
• International Professional Certification
• Consumers’ Choice International Certification
• IAQ Laboratory Accredited Certification

Persons and Bodies Authorised to Use the Accreditation Symbols
Those who have obtained IAQ certification have the right to use IAQ-related trademarks for promotional purposes; IAQ partners have the right to use IAQ-related trademarks for any non-profit purposes.

Pictorial Representation of the Symbols
For guidance on colouring, size and permitted usages see the “Conditions for use” in Logo artwork.

IAQ Price List from 19 September 2019

APPLICATION FEE

TRIP COST

The travel expenses are freely chosen by IAQ, and the total cost is borne by the customer with the customer’s consent. Customers are required to remit in full before all execution.

PRODUCT CHARGES
products are charged according to the price in the application form.

DATA PROTECTION & SECURITY SCHEDULE

1. Definitions

In this schedule to the Standard Terms of Business, the following definitions shall apply:

1.1 Agreement means these Standard Terms of Business;

1.2 Data Controller, Data Subject, Personal Data, Process, Processes, Processing shall have the meanings given to them in the Data Protection Legislation;

1.3 Customer Personal Data means any personal data provided to IAQ by a customer or prospective customer, or on a customer’s behalf, for the purpose of providing our services to you pursuant to this Agreement;

1.4 Data Protection Legislation means all data protection and privacy legislation, regulations and guidance applicable in respect of a party from time to time including, without limitation as applicable, Laws of Malaysia. Act 709 (the ” Personal Data Protection Act 2010 ” or the “PDPA”);

1.5 Data Protection Regulator means the Personal Data Protection Commissioner’s Office, the Personal Data Protection Advisory Committee or any successor body to either regulator from time to time and any other regulator or supervisory authority with jurisdiction over either party;

1.6 Discloser means the party disclosing Customer Personal Data to the Recipient;

1.7 Privacy Notice means the notice containing the information required to be provided to a Data Subject by the Data Protection Legislation;

1.8 Purpose(s) means the purposes for which Customer Personal Data is Processed under or in connection with this Agreement, as further set out in IAQ’ Privacy Notice;

1.9 Recipient means the party receiving Customer Personal Data from the Discloser;

1.10 Schedule means this Data Protection & Security Schedule which forms part of the Agreement;

1.11 Security Breach means an actual, suspected or threatened event that affects the confidentiality, integrity, availability and/or resilience of the customer personal data, the systems on which it is processed, and/or the services through which it is accessed, including (without limitation) a ‘personal data breach’ as defined in data protection legislation;

1.12 Special Categories of Personal Data means personal data revealing racial or ethnic origin, political opinions, sex life or sexual orientation, religious or philosophical beliefs and trade-union membership. It also includes processing of genetic and biometric data used to uniquely identify a natural person and data concerning health;

1.13 Third Party Recipients means the group of companies, contractor, or partner;

1.14 IAQ or We or Us means the International Association for the Advancement of Quality;

1.15 You or your means customers or prospective customers of IAQ.

2. Data Protection

2.1 For the purposes of this Agreement, both IAQ and You are a data controller. You will be the Discloser and IAQ will be the Recipient of Customer Personal Data.

2.2 Each party shall Process the Customer Personal Data in accordance with the Data Protection Legislation.

2.3 In relation to the Customer Personal Data, the Discloser shall ensure that:

2.3.1 the Customer Personal Data has been obtained by it and transferred to the Recipient, in accordance with the Data Protection Legislation;

2.4 in particular:

2.4.1 the Customer Personal Data is accurate and up to date;

2.4.2 it has provided Data Subjects with a Privacy Notice on its own behalf and on behalf of the Recipient that allows the Recipient to Process the Customer Personal Data for the Purposes; and

2.4.3 to the extent that consent of the Data Subjects is required:

(a) it has obtained the consent of the Data Subjects to:

(i) its transfer of the Customer Personal Data to the Recipient; and
(ii) the Processing of the Customer Personal Data for the Purposes by the Recipient; and
(iii) it will immediately notify the Recipient in the event that a Data Subject withdraws or amends this consent.

2.5 Neither party shall Process Customer Personal Data for any purposes other than the Purposes.

3. Security

3.1 Without prejudice to clause 2.1 of this Schedule, the Discloser shall transfer Customer Personal Data using appropriate technical and organizational security measures including, but not limited to, using password protection when e-mailing Special Categories of Personal Data.

3.2 Without prejudice to clause 2.1 of this Schedule, the Recipient shall:

3.2.1 implement and maintain appropriate technical and organizational measures to preserve the confidentiality and integrity of the Customer Personal Data and prevent any unlawful Processing or disclosure or damage, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of the Data Subjects.

3.2.2 ensure that employees who have access to Customer Personal Data have undergone training in the Data Protection Legislation and in the care and handling of Customer Personal Data;

3.2.3 not disclose any Customer Personal Data to any third party in any circumstances except as required or permitted by this agreement or Data Protection Legislation;

3.2.4 notify the Discloser promptly of any known breach of technical and organizational security measures where the breach has affected or could have affected the Customer Personal Data (“Security Breach”);

3.2.5 notify the Discloser promptly if it receives any request or enquiry from a Data Protection Regulator or Data Subject with regard to the Customer Personal Data;

3.2.6 take reasonable steps to ensure the reliability of any of its employees, agents and contractors who have access to the Customer Personal Data;

3.2.7 ensure that only those of its employees, agents and contractors who need to have access to the Customer Personal Data are granted such access to the Customer Personal Data and only for the Purposes; and

3.2.8 ensure that the employees, agents and contractors who, in accordance with clause 3.2.7, have access to the Customer Personal Data:

(a) are informed of the confidential nature of the Customer Personal Data and are subject to appropriate contractual obligations of confidentiality;
(b) undergo training in Data Protection Legislation and in the care and handling of Personal Data; and
(c) comply with the obligations set out in this Schedule.

3.3 In order to provide our services, IAQ may disclose the Customer Personal Data to IAQ group of companies, regulatory bodies or other third parties including but not limited to, Accreditation Scheme owners, our Financial Auditors, our Peer Evaluators and other third parties as set out in our Privacy Notice (“Third Party Recipients”).

3.4 In the event Third Party Recipients are located outside of the Malaysia Area, IAQ will take further actions to ensure that the transfer is subject to adequate safeguarding measures and in compliance the Data Protection Legislation.

3.5 Parties shall cooperate with each other and take such reasonable commercial steps or provide such information as is necessary to enable the other party to comply with the Data Protection Legislation in relation to the Customer Personal Data.

3.6 A breach of this Schedule shall be deemed a material breach of this agreement.

Should you require any further details regarding this Schedule or our Privacy Notice, please contact our Privacy and Data Compliance Officer (Tian) via the following contact details:

Post: No. 52, 52a & 52a, Jalan Bp 7/8, Bandar Bukit Puchong, 47120 Puchong, Selangor, Malaysia.
E-mail: certified@myiaqcertified.com
Telephone: (603) 8066 9224

Download IAQ Standard Terms of Business