Amtivo Certification Regulations

Amtivo Group Limited (“Amtivo”) is a certification body accredited by the United Kingdom Accreditation Service (“UKAS”) to provide the audit and certification of Client’s management systems to relevant standards. These Certification Regulations set out the respective obligations of Amtivo and the Client to each other in relation to all activities that form part of the certification process (“Certification Activities”) carried out by, or on behalf of, Amtivo.

1. Amtivo shall perform the Certification Activities using reasonable care and skill. Where Amtivo has subcontracted aspects of the Certification Activities to a third party, Amtivo shall remain legally responsible for the Certification Activities.
2. The Client shall fully co-operate in relation to arranging any audits required by the Certification Activities, including making provision for examining documentation and providing access to all processes and areas, records and personnel.
3. The Client shall agree to the presence of a UKAS and/or Amtivo observer should UKAS and/or Amtivo wish to assess the provision of the Certification Activities.
4. Confirmation that the Client meets the relevant standard (“Certification”) shall only be issued once Amtivo determines, at its sole discretion, that the requirements of Certification have been met. Amtivo shall be solely responsible for granting, refusing, maintaining of certification, expanding or reducing the scope of certification, renewing, suspending or restoring, or withdrawing of certification.
5. Following Certification, the Client may use and display certification badges and/or make reference to their certification status subject to the restrictions set out by Amtivo in its guidelines, a copy of which is available here.
6. In order to maintain Certification for the remainder of the certification cycle, the Client acknowledges that further annual audits will need to be undertaken by an accredited certification body. More information on the Certification cycle can be found at https://www.amtivo.com/group/the-three-year-certification-cycle/.
7. The Client shall notify Amtivo, without delay, of matters which may affect the capability of the Client’s management system to continue to fulfil the requirements of Certification. These matters include but are not limited to:-

   i. the legal, commercial, or organisational status, or ownership of the organisation;

   ii. additional sites or offices;

   iii. additional staffing levels;

   iv. change of certificate scope;

   v. any other changes to the management system and processes;

   vi. occurrence of a serious incident or breach of regulation necessitating the involvement of the competent regulatory authority (in the event of a serious incident and the involvement of the competent authority, a special audit may be necessary, and the outcome of the investigation recorded)

   Where it can be demonstrated that they system seriously failed to meet the certification requirements, this shall provide grounds for Amtivo to decide on action to be taken – up to and including suspension or withdrawal of certification.

8. Amtivo and UKAS shall have the right to display the Client’s certification and current audit status in the public domain for inspection.
9. The Client shall in connection with its activities and the operation of its business comply with fair and equitable business practice, namely all relevant laws, regulations, and codes in relation to:

   i. anti-bribery and anti-corruption including, but not limited to, the Bribery Act 2010 where applicable;

   ii. anti-slavery and human trafficking including, but not limited to, the Modern Slavery Act 2015 where applicable;

   iii. equality, diversity, human rights and good relations including, but not limited to, the Equality Act 2010 where applicable;

   iv. international sanctions issued by the United Kingdom or the United Nations including, but not limited to, Sanctions and Anti-Money Laundering Act 2018 where applicable; and

   v. any other laws, regulations and codes referred to in UKAS’ Standard Terms of Business.

10. As used in these Regulations, “Confidential Information” shall mean any oral or written proprietary information that Amtivo may acquire from the Client pursuant to these Regulations or information as to the Client’s business provided, however, that Confidential Information shall not include any information which:

    i. is or hereafter becomes generally known to the public but not as a result of unpermitted disclosure;

    ii. was available to Amtivo on a non-confidential basis prior to the time of its disclosure by the disclosing party; or

    iii. is disclosed to Amtivo by an independent third party with a right to make such disclosure.

11. The Client acknowledges that, in entering into these Certification Regulations, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in the Certification Regulations
12. Any conditions, warranties or other terms implied by statute or common law are excluded from these Certification Regulations to the fullest extent permitted by law.
13. Amtivo’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Certification Regulations shall be limited to the total of the annual fee paid by the Client for Certification. Nothing in these Certification Regulations excludes or limits liability for fraud, death or personal injury caused by negligence.
14. Unless required by law or by a judicial, governmental, or other regulatory body, Amtivo shall take all reasonable steps to ensure that its personnel, agents and sub-contractors do not use Confidential Information other than for the purpose of providing Certification Activities nor disclose the Client’s Confidential Information to any person or entity without the prior written approval of the Client except as expressly provided for in these Regulations.
15. In the event that that there is a conflict between the terms of these Certification Regulations and the terms of an agreement into which they are incorporated, the terms of these Certification Regulations shall prevail.
16. No waiver of any of the provisions of these Certification Regulations shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
17. If any provision of these Certification Regulations is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed not to form part of these Certification Regulations, and the validity and enforceability of the other provisions of these Certification Regulations shall not be affected.
18. Amtivo may at any time may assign, transfer or otherwise deal with the whole or any part of its rights under these Certification Regulations. The Client may not assign, transferor otherwise deal with the whole or any part of its rights under these Certification Regulations.
19. Amtivo may amend these Certification Regulations from time to time and shall notify the Client in writing of all such amendments.
20. These Certification Regulations are governed by English law and any disputes shall be heard in the English courts.