By checking the "I Accept" box below, you are agreeing to the following terms. You will be required to sign a physical copy of this Agreement at The Perfect Hardware Training class for permanent record purposes.
1. Class is subject to minimum enrollment. 2. Classes canceled due to low enrollment are eligible for rescheduling for up to 12 months or is eligible for a full refund less a $20 credit processing fee. Email class notification will be sent 10 days prior class date. 3. Cancellation request received 10 days or more prior to the class date will be eligible for a full refund less a $20 credit processing fee. 4. Cancellation request received less than 10 days prior to the class is non-refundable. Class may be rescheduled for another location within 6 months from the date of the original class.
PERSONNEL CERTIFICATION AGREEMENT
Intertek provides a service for evaluating whether Personnel employed by another party complies with specified requirements. Subject to the terms of this Certification Agreement, the Personnel found to be in compliance by Intertek may be eligible for inclusion on a certified Personnel list maintained by Intertek and be entitled to display a Certification Mark owned by Intertek.
The Personnel desires to submit himself/herself for training and evaluation so he/she may be considered as certified by Intertek to perform a certain function.
The Personnel agrees to exclusively contract with Intertek to provide this service.
If the person is found to be eligible, this Personnel Certification Agreement shall be executed by Intertek and the certified Personnel, ("Personnel")setting forth the terms and conditions to which the parties hereto must adhere.
NOW THEREFORE, for and in consideration of the mutual covenants herein expressed and other lawful and valuable consideration, the parties hereto agree as follows:
1.1 Certification Mark. The term Certification Mark ("Mark") shall refer to any common law or registered trademark owned by Intertek, or its affiliates, used in the certification of Personnel.
1.2 Client. Employer of Personnel.
1.3 Listing Report. The term Listing Report shall mean the document prepared by Intertek designated as such, which identifies the Client and Personnel and thespecific task the Personnel are certified to perform.
1.4 Follow-up Service. The term Follow-up Service shall refer to the process of ensuring continuing conformity to the Intertek requirements.
1.5 Intertek Requirements. The term Intertek Requirements shall mean the requirements contained in Intertek’s Standard Operating Procedure 7.16.9 and associated Local Operating Procedure.
1.6 Labeling. The term Labeling shall refer to the process of applying the label to the Product, whether it be a separable label, directly on the product, or by other means as authorized by Intertek.
1.7 Listing. The term Listing shall mean the process of preparing and including the Certified Personnel in the Intertek published directory.
1.8 Product. The term Product ("Product") shall mean a device, equipment, material, or system that is modified by the Personnel.
2.1 Evaluation. Intertek is an independent company providing certification services to determine whether Personnel comply with designated specifications, and/or codes. Intertek does not publish standards, specifications, and/or codes, and, therefore, does not warrant that the requirements used for the evaluation are adequate.
2.2 Personnel Obligations. The Personnel will not be eligible for certification if the certification requirements have not been met.
2.3 Reservation of Rights. Intertek reserves the right, upon reasonable notice to the Personnel, to re-evaluate their qualifications. This re-evaluation may be the result of Follow-up Service, a revision of the requirements, new information regarding the Personnel that raises a question concerning compliance with Intertek Requirements.
2.4 Third Parties. The Applicant and their Personnel agrees that Intertek has entered into a contractual relationship with them to provide certification servicesin accordance with Standard Operating Procedure 16.9 and Local Operating Procedure MID-OC-PER-001a. Intertek agrees to perform such services with due care. Intertek does not guarantee or warrant that third parties will accept or recognize the results obtained by Intertek or the Intertek certification of the Personnel.
3. LISTING And LABELING
3.1 Ownership of the Mark. Ownership of the Mark and all trademark rights in the Mark remain in Intertek. The Mark, as applicable, shall only be displayed by the Personnel that comply with the Intertek Requirements. Except as provided herein and as indicated in Paragraph 3.2, any other use of the Mark or the Intertek name is expressly prohibited.
3.2 Advertising. Intertek shall allow reference to Intertek and the Mark in advertising and promotional material contingent upon obtaining the prior, express, written approval of Intertek.
3.3 Follow-up Service. As a part of the certification process, the Personnel shall cooperate with the Intertek representatives who conduct Follow-up Service. Follow-up Service may include site audits at any time during business hours and such Intertek representatives shall have free, unannounced, and immediate access to the site wherein the Product, or components thereof, may be fabricated, applied, processed, modified or finished by the Personnel.
4. INDEMNIFICATION And LIABILITY
4.1 Indemnification. The Personnel agree to hold Intertek harmless and to defend and indemnify Intertek against any liability, loss, or damage from claims, demands, costs (including legal fees), or judgments arising out of any negligent or intentional acts by the Personnel or third parties relating to or arising from labeling of the Product or from the use of the Mark or damages as a result of damages to property or chattel.
4.2 Liability. Intertek will not, under any circumstances, be liable to the Personnel for any indirect, special, punitive, or consequential damages, or any third party claims which may arise as a result of the services provided in this Certification Agreement.
5. FAILURE TO COMPLY WITH INTERTEK REQUIREMENTS
5.1 Remedial Action. In the event that Intertek detects any deviation or variance from Intertek Requirements, by the Personnel or improper or unauthorized use of the Mark or Intertek name, upon written notice, Intertek reserves the right in its sole discretion, to take such action as it deems necessary, including but not limited to:
(a) Corrective action to ensure that the Personnel comply with Intertek Requirements;
(b) Suspension or revocation of the Certification program with the Personnel;
(c) Withdrawal of the supply of labels and Marks provided to the Personnel.
(d) Removal of the Personnel from the Intertek Directory;
(e) Termination of this Certification Agreement pursuant to Article 6;
(f) Notification of regulatory authorities and the public;
(g) Compliance with any applicable statutes, rules, or regulations.
5.2 Injunctive Relief. The Person acknowledges that the promotion of Personnel would mislead or endanger the public if such person does not comply with the Intertek Requirements or has not taken the appropriate training and is performing the specified task. The Client further acknowledges that a breach of this Certification Agreement can not be adequately compensated by money damages. The Client agrees that in the event of a breach of the Certification Agreement, Intertek shall have the right to obtain a temporary restraining order without prior notice to the Client, together with an action for a preliminary and permanent injunction, and such other and further relief as may be provided by law. Said injunction shall prohibit the Client from further use of the Mark and for compliance with the provisions in Article 6.3 of this Certification Agreement.
5.3 Suspension. Upon Personnel failure to comply with any of the requirements of this Certification Agreement or Listing Report, Intertek may issue a letter of suspension.
6. TERMINATION OF THE AGREEMENT
6.1 Termination By Either Party. Either party may, for any reason, terminate this Certification Agreement, upon not less than sixty (60) days written notice to the other parties. Such notice shall designate a termination date and the notice period shall be deemed to commence upon the date of mailing of the notice to the other party by registered or certified mail, return receipt requested. Should the termination not be amicable, both parties agree to seek arbitration prior to cancellation.
6.2 Intertek Right To Terminate. Intertek may terminate this Certification Agreement, without prejudice to any other rights or remedies that Intertek may have, upon either of the following:
(a) Immediately upon written notice, if Intertek determines that the Personnel fail to comply with the Intertek Requirements.
(c) Immediately upon the Personnel leaving the employ of the Client
6.3 Certified Person’s Obligations Upon Termination. Upon termination of this Certification Agreement, the Personnel shall:
(a) Discontinue the use of the Mark .
(b) Promptly return to Intertek all Marks, Labeling material and warrant in writing the date of last use of the Mark.
(c) Continue to honor the terms of Article 4 of this Certification Agreement concerning indemnification and liability, which terms shall survive the termination of this Certification Agreement.
7.1 No Assignment. The rights running to the Certified person under this Certification Agreement may not be assigned to or acquired by any other person or corporation without Intertek 's written authorization.
7.2 Term. This Certification Agreement shall continue in effect for a period of one year from the date first above written and shall automatically be renewed thereafter for periods of one year, unless the termination rights provided for in this Certification Agreement are exercised.
7.3 Jurisdiction. This Certification Agreement shall be interpreted in accordance with and governed by the laws of the jurisdiction within which the Intertek office stated in the opening paragraph is located.
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