Terms of sale.

Purpose and scope

These general terms of sale govern the certification services provided by Gardiant Certification (legal details in the legal notice) to its business clients: Qualiopi certification of providers of skills development activities, and ISO/UNDP 53001 certification of Sustainable Development Goals management systems.

They cover the whole certification cycle: application review, initial audit, decision, surveillance audits and renewal audit, together with any additional, extension or transfer audits. Gardiant Certification provides no consulting, training or compliance support; these terms do not cover any service of that kind.

Contractual documents

The relationship between Gardiant Certification and the client rests on the following documents, which form a single whole:

• The certification agreement, signed by both parties, which sets out the standard, the certified scope and each party's commitments;
• the certification rules, which define how certification is granted, maintained, extended, suspended and withdrawn (certification rules);
• the accepted quote, which details the audits of the cycle, their duration and their price;
• these terms of sale, which set the commercial rules common to all services.

In the event of conflict, the certification agreement prevails, followed by the certification rules, the accepted quote and finally these terms. The client's general terms of purchase do not apply unless Gardiant Certification accepts them in writing.

Gardiant Certification may amend these terms and the certification rules, in particular to reflect changes to the standard or to certification rules. The client is informed of any change affecting it before it takes effect; the version applicable to an audit is the one in force on the date of that audit.

Quote and formation of the agreement

The quote is based on the information given in the quote request: standard, type of audit, headcount, number of sites and, for Qualiopi, categories of activity and training turnover. This information is used to calculate the audit duration under the rules applicable to the standard, and for no other purpose.

Before issuing a quote, Gardiant Certification checks that it has the competence needed to audit the client and that there is no conflict of interest. The quote is sent within 2 working days of receiving a complete request.

The quote details each audit of the three-year certification cycle (initial audit, surveillance audits, renewal audit), the duration of each in audit days, how it is carried out (on site or remotely, as the applicable rules allow) and its price. It is valid for three months from issue.

If the information provided proves inaccurate or the scope changes (new site, new category of activity, significant change in activity), the audit duration is recalculated and a revised quote is sent to the client.

The agreement is formed when the certification agreement, which incorporates the accepted quote, is signed. No audit is scheduled before then.

Price and payment

Prices are stated exclusive of tax; VAT is added at the applicable rate. The price of each audit depends on its duration, calculated under the rules of the standard and never on the expected outcome.

Services are provided on quotation, with no general price list. The quotation, issued within 2 working days and valid for 3 months, sets out the duration and price of each audit in the cycle, any travel costs and the payment terms.

Additional audits made necessary by a nonconformity (an on-site check that a finding has been cleared, for example) and special audits provided for in the certification rules are invoiced on the terms of the quotation, after the client has been informed.

Any late payment automatically triggers the late-payment penalties and the fixed recovery fee provided for in Article L. 441-10 of the French Commercial Code. If formal notice has no effect, Gardiant Certification may postpone audits not yet carried out and then terminate the agreement as set out below.

Obligations of the parties

Gardiant Certification undertakes to:

• carry out audits in line with the standard, the certification rules and the rules that apply to certification bodies;
• assign each audit to auditors competent for the standard and the client's activity, with no conflict of interest;
• send the client the audit plan and the names of the auditors before the audit;
• send the audit report within 10 working days of the end of the audit;
• have the certification decision taken by someone who did not take part in the audit, no later than 3 weeks after the audit, provided any major nonconformity has been cleared;
• inform the client of any change to the standard or to certification rules that affects it.

The client undertakes to:

• provide accurate and complete information, both in its request and throughout the cycle;
• give auditors access to the sites, people, documents and records needed for the audit, including for the review of complaints received;
• inform Gardiant Certification without delay of any change that may affect certification: legal status, organisation, sites, activities or categories of activity;
• address nonconformities within the time limits set by the certification rules;
• comply with the rules on using the certificate and logo;
• pay for the services on the agreed terms.

Scheduling, postponing or cancelling an audit

The date of each audit is agreed between the parties. As a rule, 4 to 6 weeks elapse between signature of the agreement and the initial audit. Surveillance and renewal audits must take place within the periods set by the standard and the certification rules.

The client may object to an auditor before the audit, giving reasons; Gardiant Certification then proposes another auditor.

The client may ask in writing for an audit to be postponed. Postponement is accepted as long as the new date remains within the periods required by the standard; otherwise the certification rules apply and may lead to suspension of the certificate. Cancellation of an audit by the client ends the cycle concerned under the termination provisions.

Postponement and cancellation charges are set out in the certification agreement.

If Gardiant Certification has to postpone an audit (because an auditor is unavailable, for example), it informs the client as early as possible and proposes a new date at no cost to the client. Neither party is liable for a postponement caused by force majeure within the meaning of Article 1218 of the French Civil Code.

Independence: certification cannot be bought

The price pays for carrying out audits and assessing conformity, never for an outcome. Payment never determines the certification decision: a settled invoice does not guarantee a certificate, and a commercial dispute has no bearing on the assessment of conformity.

No discount, benefit or commercial condition may be tied to the outcome of an audit. Auditors report the findings they observe without ever saying how to correct them: this is what keeps the certification body independent. Gardiant Certification's commitments on this point are set out in the impartiality statement and monitored by the impartiality committee.

Confidentiality

Gardiant Certification, its staff, its auditors and the members of its committees are bound by confidentiality regarding all information obtained in the course of certification. That information is used only for the audit and the decision.

Information the client has made public is not confidential, nor is information that certification rules require to be published: the name of the certified organisation, the standard, the scope, and the status and validity of the certificate, as shown in the directory of certified organisations.

Where the law or certification rules require information to be disclosed to an authority, the client is informed unless the law forbids it. Once accreditation has been obtained, assessors from the national accreditation body may observe an audit or review a file; they are bound by the same confidentiality obligation. The client is told of their presence in advance.

Liability

Gardiant Certification is bound by an obligation of means. The audit is based on sampling: certification attests that, on the date of the audit, the requirements examined are met. It does not guarantee the conformity of every service the client provides, nor that funding will be granted, which is for the funder alone to decide.

The client remains solely responsible for the conformity of its activities and services and for the information it provides. Gardiant Certification is not liable for the consequences of inaccurate or incomplete information supplied by the client.

The cap on Gardiant Certification's liability is set in the certification agreement.

Suspension, withdrawal and termination

Suspension, reduction of scope and withdrawal of the certificate are governed by the certification rules and the suspension and withdrawal page. They are decided on grounds of conformity or compliance with certification rules, never as commercial leverage.

The client may terminate the certification agreement at any time, in writing, giving the notice set in the certification agreement. It may also transfer its certification to another certification body (certification transfer). Termination entails withdrawal of the certificate on its effective date.

Gardiant Certification may terminate the agreement if the client seriously breaches its obligations (deliberately inaccurate information, refusal of access to auditors, misleading use of the certificate, persistent non-payment), after formal notice has remained without effect within the period specified in the notice.

In every case, services performed before the effective date remain payable.

Complaints and disputes

Any complaint about a service and any challenge to a finding or decision follow the complaints and appeals procedure: acknowledgement within 5 working days and a reply within 30 days. Appeals are examined by people who took part neither in the audit nor in the decision under challenge.

The parties seek an amicable settlement before taking any legal action.

These terms and the certification agreement are governed by French law. Failing an amicable settlement, any dispute falls within the jurisdiction of the courts for the place of Gardiant Certification's registered office.

Personal data

Personal data processed to perform the certification agreement is described in the privacy policy.