General Terms and Conditions
FOR THE CERTIFICATION AND USE OF SYMPANORM GMBH LABELS
1 General
1.1 Scope of Application
These General Terms and Conditions apply to the certification as well as to the use of all labels issued under Sympanorm GmbH (hereinafter referred to as “Sympanorm”).
1.2 Participation in certification
Any company or organizational unit domiciled in Switzerland can be certified by Sympanorm regardless of its legal form. Certifications of project teams, single departments, organizational entities etc. are also possible.
Companies from other countries (other than Switzerland) will be assessed individually based on their application for certification. An assessments for foreign companies regarding certification will be decided on a case-by-case basis. There is no entitlement to certification.
Individuals are certified within the scope of our services, the applicable GTCs apply in this regard.
1.3 Validity and duration
The certification is valid for one year. After expiry of the certification year, certification can be extended by means of re-certification, which is also valid for one year. If no re-certification is applied for or if it is refused (see also 3.5 Refusal of Certification), the organization is obliged to remove all awards related to the certification (in particular logos, flyers, etc.). Membership ends automatically.
2 Labels
2.1 Approved & Advanced labels
For the Approved and Advanced labels, certification is obtained through a self-assessment. The certified organizations receive a welcome package consisting of merchandising items such as flyers, stickers, etc. with the certification. Newly certified organizations will be published on social media (currently LinkedIn) on request, the data (name of the organization, contact person, homepage, etc.) of the newly certified organization will be displayed on the Sympanorm homepage in a suitable form. Organizations that are certified at least with the Advanced label become members of Sympanorm and get access to further services reserved for members (like discounts, special conditions for other members, special trainings etc.).
A change of the label i.e. by upgrading is possible at any time.
2.2 Premium & Excellent labels
The Premium and Excellent labels are awarded by means of audits at the organization, either on site or remotely (via video telephony). The certified organizations receive a Welcome-Package with the certification consisting of merchandising articles, which are tailored to the customers (additional costs may arise). Newly certified organizations will be published on social media (currently LinkedIn) upon request. The data (name of the organization, contact person, homepage, etc.) of the newly certified organization will be displayed on the Sympanorm homepage in a suitable form.
A change of the label i.e. by upgrading is possible at any time.
2.3 Edu-Excellent-Label
Holders of the Edu-Excellent-Labels are training partners of Sympanorm and help the Sympanorm community to achieve its goals through training, consulting, coaching or similar. They have qualified to become Sympanorm partners through a Sympanorm label as well as through an ISO 21001 certification, an eduQua certification or a certification corresponding to their field. Sympanorm verifies annually whether the consultants still meet the minimum requirements arising from these regulations.
Certified Edu-Excellent companies are listed in Sympanorm’s online directory with their company details and can use the Edu-Excellent label for their own communication purposes.
Edu-Excellent training partners make no promises of success. The contracts between Edu-Excellent training partners and the companies of the Sympanorm community are agreed and concluded independently and between these parties. Sympanorm is neither party nor partner to these contracts.
2.4 Online directory of Sympanorm
Certified organizations are listed in the online directory of Sympanorm. Members of Sympanorm can provide benefits, special conditions, information, training material etc. to the other members in a separate area of the homepage. The member provides Sympanorm with the necessary documents and ensures that they are up to date.
2.5 Use of the label, logos and documents
Downloading and use of the labels is only permitted if the use is exclusively for non-commercial, informative and personal use (advertising for oneself is excluded). The labels, logos and other documents like flyers etc. may only be used in the provided version. Any modification of the labels, logos or documents is only possible with written consent of Sympanorm.
2.6 Withdrawal of the label
Sympanorm may decide to withdraw the label for important reasons. In case of withdrawal, the label fee will not be refunded. Important reasons are for example violations of the rules for the use of the label, existing or threatening damage to the image of the label or Sympanorm.
If there is an important reason for a withdrawal, Sympanorm will inform the customer in writing and announce the withdrawal of the label with the corresponding reason. Sympanorm may also require the customer to immediately cease and desist from the conduct that is contrary to the rules or damaging. The customer may comment on the announced withdrawal within 14 days. Sympanorm shall decide on the withdrawal of the label after the expiration of this period and shall justify the withdrawal taking into account the statement of the customer.
3 Certification procedure and implementation
3.1 Application and assessment
The organization wanting to be certified contacts Sympanorm and applies for certification with one of the offered labels.
The certification with the labels “Approved” and “Advanced” is achieved via self-assessment by the organization and verification by an independent auditor of Sympanorm. After a successful audit by Sympanorm, the organization is awarded the corresponding label.
The certification with the labels “Premium” and “Excellent” takes place by means of audits by Sympanorm at the organization to be certified on site or remotely via video call. The organization to be certified defines the areas to be audited. Sympanorm compiles an audit program adapted to the organization and its needs. The audit and qualification is performed by an independent Sympanorm auditor. After a successful audit, the organization is awarded the appropriate label.
If Sympanorm identifies deficiencies or gaps during the audit, so that the organization cannot (yet) be certified, Sympanorm prepares a report about the identified gaps or deficiencies and sets a deadline together with the organization for their elimination. This is followed by the post-audit. This post-audit is subject to a fee and will be charged to the customer according based on time and effort.
3.2 Self Assessment
The Self Assessment can be completed via online form or in paper form. By uploading or sending and confirmation of receipt, the services of Sympanorm become chargeable.
3.3 On-site Assessment
The organizational unit to be certified provides Sympanorm with the infrastructure (especially a room) for the audit and ensures that the necessary contact persons and documents are available according to the defined audit program. With the agreement of the audit, the services of Sympanorm become chargeable regardless of the success of the certification.
3.4 Successful Certification
After completion of the assessment or audit, the organization to be certified will receive a notification. If this is positive, the organization receives the right to use the label in its name after completion and settlement of the invoice. A successful initial certification does not entitle the organization to re-certification. Re-certification is always subject to a re-evaluation.
3.5 Denial of certification
After completion of the assessment or audit, the organization to be certified receives a decision. If this decision is negative and the certificate is denied, the parties shall jointly seek a path that leads to success (see section 3.1). A successful initial certification does not entitle to re-certification. Re-certification is always subject to a re-evaluation.
4. Fees and invoicing
4.1 Pricing
The prices published on the Sympanorm homepage in Swiss Francs shall apply. Sympanorm reserves the right to adjust prices for a new business year. The published prices include the statutory VAT.
4.2 Invoicing
Unless otherwise agreed upon, the invoice will be issued immediately after the self-assessment or after the audit and is payable within 10 days. Certification and access to logos, labels and documents shall be granted upon invoicing. If payment reminders are necessary, a reminder fee of CHF 30 (compensation for handling) will be charged.
4.2 Services not received
Unless otherwise agreed, services not taken up expire at the end of the certification period.
4.3 Withdrawal
The organization to be certified can withdraw from the certification at any time. The expenses incurred by Sympanorm will be invoiced.
As compensation for these expenses a minimum of 50% of the certification fee will be charged.
The withdrawal has to be made in writing.
4.4 Liability
Claims for damages against Sympanorm or against employees or contributors of Sympanorm due to certifications carried out or the use of logos, labels or documents are excluded in their entirety.
5 Copyright
Sympanorm reserves all rights to the design, logos and documents related to the certification labels. This also applies to translation, reprint and reproduction or parts thereof.
5.1 Right of use
Clients are granted an explicit right of use. They are allowed to use the purchased label, the logo of Sympanorm as well as all documents provided in the download area for the personal purpose of advertising on their website, on printed material, displays, shop windows etc.. In case of doubt Sympanorm is to be contacted.
No Sympanorm product may be modified in any way without explicit written permission from Sympanorm.
6 Confidentiality and Data Protection
The data of the customers, which is collected in connection with the certification, is recorded by Sympanorm and used only for purposes related to the certification and invoicing. Sympanorm guarantees not to disclose the data to third parties and to treat all information confidentially.
The legal basis for the handling of the customer’s personal data is Switzerland’s federal data protection legislation. Personal data of the customer will only be collected, processed or used if the person concerned has consented or if the Swiss data protection legislation or another legal regulation orders or allows it.
Please note the privacy policy of Sympanorm GmbH on www.sympanorm.ch.
7 Photo, Video and Audio Recording
Without the explicit consent of Sympanorm and/or the auditors, no photo, video or audio recordings may be made by the customer. A campaign with visual material (especially with the image of auditors) via social media requires the consent of Sympanorm.
8 Program and price changes
Program and price changes as well as changes in the general terms and conditions are possible.
9 Applicable Law/Court of Jurisdiction
Every order is subject to Swiss law. The place of jurisdiction shall be the registered office of Sympanorm in Reinach BL.
10 Supplementary provisions
Should any provision of these General Terms and Conditions or of the other agreements be invalid, unenforceable or incomplete in whole or in part, such provision shall be replaced or a gap shall be filled by a rule which, from a reasonable and objective point of view, leads to a reasonable balance of interests for both contracting parties. Should the contracting parties be unable to reach agreement despite this rule, Swiss law shall apply at the time of the dispute.
11 Complaints by the customer / the client
Complaints by the customer regarding the execution or non-execution of services of any kind or objections to invoices as well as other notifications must be made immediately, but at the latest within 30 days, otherwise the execution or non-execution shall be deemed to have been approved.
Reinach August 2022