Terms & Conditions Dive

2016

Terms & Conditions

CTB Certification Program

Dive

Terms & Conditions – Tour bus

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Terms & Conditions – Tour bus

CTB Certification Program – Dive

Terms & Conditions

1. General
Unless otherwise agreed in writing, all assessment audits (The “Services”) provided by
CITI to any establishment applying for the Services (the “Client”) and all resulting
contracts or other arrangements shall be governed by these Terms and Conditions and
constitute the entire agreement (the “Contract”) between the Establishment and CITI
with respect to the subject matter.

2. Definitions
In these terms and conditions the following terms shall have the following meanings:
Checklist: the document against which the establishment will perform the audits and
issue its findings.
Establishment: any organization to which CITI will provide the auditing services.
Audit report: a written report with the findings of the audit. This document is
confidential and is not available to others (except for CTB, CITI and participating
establishment).
Auditor: the person on behalf of CITI that will perform the audits.
Services: audits of the establishment performed by CITI.
Approved plaque: the mark for successful completion of the audits
Certification letter: the letter for successful completion of the audits.

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Terms & Conditions – Tour bus

3. Provision of services
(1) CITI will provide the audits using reasonable care and skill and in accordance with (i)
the limits of the instructions received by the establishment and (ii) the content of the
checklist as defined in the Information Booklet.
(2) The content of the audit report represents CITI’s review of facts and documents in
existence at the time of performance of the audits only and within the limits of the
instructions received from CITI and are solely for the benefit of the establishment being
audited.

4. To file an appeal/ appeal process
(1) A notice of appeal must be filed within thirty (30) days after the date of receipt of the
audit report you want to appeal.
(2) The notice of appeal shall include:

a. your name and address
b. a copy of the disputed audit report
c. a list of each proposed item with which you disagree
d. the reason(s) you disagree with each item
e. the facts that support your position on each item
f. your signature.
(3) An independent appeal committee will respond to your appeal within sixty (60) days.
(4) A judgment on appeal is final.

5. Invoicing and payment
(1) CITI shall invoice the establishment for the participation fee prior to the execution of
the audits. CITI will conduct the audit after due verification of receipt of the payment.
(2) Unless a shorter period is established in the invoice, the establishment will pay not
later than 5 business days from the relevant invoice date or within such other period as
may be established by CITI in the invoice (the “Due Date”).

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Terms & Conditions – Tour bus

(3) The participation fee is a subsidized fee that has implication on a designated number
of participants per sub sector.

6. Termination and agreement duration
(1) This agreement is generally meant to last for a fixed period of time (2 years) due to
the fact that it is directly related to the validity of the Certification letter and/ or
Approved plaque granted by CTB. The certification letter and approved plaque is valid
for a period of two years and after that, the establishment should be re-audited in order
to renew the certification.
(2) Unless otherwise agreed in writing, the establishment shall be entitled to terminate
the agreement at any time by giving not less than fifteen days’ notice in writing to CITI.
CITI will reimburse the payment only if the audits have not yet been conducted.
(3) Either party shall be entitled to terminate provision of the audits in the event of any
arrangement with creditors, bankruptcy, insolvency, receivership or cessation of
business by the other party.

7. Obligation of establishment
The establishment shall:
(1) Provide the auditor with all the necessary and requested access to the
establishment’s documents, codes of practice, and other necessary documents for a
good practice of the audit.
(2) Ensure that sufficient information and documents are given in due time to enable
the services to be performed.
(3) Procure all necessary access for the auditors to the premises where the audits are to
be performed and take all necessary steps to eliminate or remedy any obstacles to or
interruptions in the performance of the audits.
(4) Comply with the auditor’s requests to conduct interviews, (if necessary) meetings or
discussions with the establishment’s employees on any matters relating to the services,
or any other procedures.
(5) Make available, if required, any personnel necessary for the performance of the
audit.

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Terms & Conditions – Tour bus

(6) Ensure that all necessary measures are taken for safety and security of working
conditions, sites and installations during the performance of the audits.

8. Confidentiality
(1) The audit report is confidential and intended solely for the establishment, CITI and
CTB.
(2) As used herein, “Confidential Information” shall include the establishment’s
information and any information oral or written that a party may acquire from the other
party pursuant to the agreement provided, however, that confidential information shall
not include any information which (i) is or hereafter becomes generally known to the
public; (ii) was available to the receiving party on a non-confidential basis prior to the
time of its disclosure by the disclosing party; (iii) is disclosed by an independent third
party with a right to make such disclosure. Unless required by law, neither party shall
disclose the other’s confidential information to any other person or entity.

9. Ownership and use of deliverable
The ownership of the audit report provided to the establishment shall be assigned to
the establishment. CITI/ CTB has the right to make and retain copies of said audit report
for the purposes of CITI’s/ CTB’s own records subject to the provisions of Article 8
above.

10. Final provisions
This Agreement represents the entire agreement of the parties with respect to its
subject matter hereof and there are no other agreements or understandings, either
written or oral, with respect thereto. This Agreement may not be modified or amended
except in writing signed by both parties.

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Terms & Conditions – Tour bus

Curaçao Innovation & Technology Institute
Schottegatweg Oost 82-84 (Baroud Center)
Curaçao
(5999) 738 6299
www.citi.cw
[email protected]

Curaçao Tourist Board
Pietermaai 19
Curaçao
(5999) 434 8200

www.curacao.cw
[email protected]

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