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Published by suhailly.hooi, 2019-09-20 17:04:32

Terms and conditions (1)

Terms and conditions (1)

CERTIFICATION PROGRAM FOR
THE HOSPITALITY AND TOURISM

INDUSTRY
TERMS AND CONDITIONS

| TERMS AND CONDITIONS PAGE | 02

BACKGROUND

As part of the “Certification Program for the
Hospitality and Tourism Industry”, CITI on
behalf of the CTB will conduct the audit with
a checklist that covers several areas at the
establishment. The establishment gets a 1
to 2 months adjustment period.

TERMS AND 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. Save
as otherwise provided no variation to the
agreement shall be valid unless it is in
writing and signed by and on behalf of the
Establishment and CITI.

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).

PAGE | 03 TERMS AND CONDITIONS
|

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.

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

PAGE | 04 TERMS AND CONDITIONS
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.
(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 nonconfidential 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.

| TERMS AND CONDITIONS PAGE | 05

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.

Curaçao Tourist Board
Pietermaai 19
Curaçao
5999 461-8200

www.curacao.cw

Curaçao Innovation & Technology Institute
Schottegatweg 82-84
Curaçao
5999 738-6299
www.citi.cw


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