SERVICE DELIVERY AGREEMENT FOR THE CERTIFICATION AND EXPERT OPINION OF PRODUCT
SERVICE AGREEMENT ENTERED INTO BY NORMALIZACIÓN Y CERTIFICACIÓN ELECTRÓNICA, S.C., HEREINAFTER REFERRED TO AS “NYCE” AND ______ HEREINAFTER REFERRED AS TO “THE USER” IN ACCORDANCE WITH THE FOLLOWING STATEMENTS AND CLAUSES:
STATEMENTS:
I.- “NYCE” states that:
a. It was constituted as an independent and existing Non-profit Association based on the Mexican laws, incorporated before Notary Public Number 19, Federal District, Mr. Alessio Robles, according to public deed No. 46,355, dated October 31st, 1994. In addition to, “NYCE” was legally transformed from a Non-profit Association into a Civil Partnership, whose main purpose is to carry out conformity assessment activities, according to the Public Deed No. 88, 262 dated August 6th, 2012, entered into before Notary Public No. 31, Federal District, Mr. Alfonso González Alonso, located in Av. Lomas de Sotelo No. 1097, Col. Lomas de Sotelo, C.P. 11200, Delegación Miguel Hidalgo, México, D.F.
b. Within its corporate purpose is the service delivery of certification and expert opinion of products.
c. Its legal representative has sufficient authority to enter into this Agreement, pursuant to instrument No. 85, 268, and such authority has not been revoked or restricted in any way.
II.- “THE USER” STATES THAT:
a. It is an individual or a corporation entity legally incorporated whose tax domicile is in: ______, phone number(s) ______, e-mail adress ______, and that its activities include the manufacturing, assembling, importation, distribution, commercialization and/or the use of products based on Standards.
b. That it wants to hire "NYCE" services for certification and / or expert opinion of products subject to standards, in the terms stated on this Agreement.
c. That its legal representative, ______ has sufficient authority to represent “The user” and to enter into this Agreement, pursuant to notarial instrument No.______, executed before Notary Public No. ______, and such authority has not been revoked or restricted in any way. A single copy of the instrument is attached to this contract.
III.- BOTH PARTIES STATES THAT:
They want to be bound to the terms of this Agreement and committed to its terms and voluntarily agree to the following:
C L A U S E S
FIRST.- DEFINITIONS:
The parties agree that for the purposes of this Agreement, the definitions listed below shall have the meanings that appear before them, provided that the use in the singular or plural forms of the same shall not affect its meaning.
Certificate or Expert Opinion. – The document issued by "NYCE" in accordance with the rules of its certification system which states that the product meets the specifications of the standard that was applied to, and whose validity and effect is subjected to the respective verification visits (following-up).
Password. - Distinguishing sign denoting that the products of "THE USER" meet the characteristics and specifications of the corresponding standard as well as the conformity assessment requirements that shall be used as mandatory for this, as classified by the Second Clause and other requirements of this instrument.
User’s Account. - The ID provided by "NYCE", which is related to a password registered before “NYCE” for the access and use of the website http://e"NYCE"."NYCE".org.mx by “THE USER”, hereinafter referred to as "the Website" in order to make the proceedings aimed at the certification of their products or expert opinion.
Conformity Assessment. - Determination of the compliance degree that complies with the standards or other specifications, requirements or features. It includes procedures for sampling, testing, calibration, certification and verification, among others.
Laboratory. - Individual or corporation entity qualified to perform tests or calibrations according to the specified methods established in the standards.
Manuals and Procedures. - These are internal documents issued by "NYCE" containing information on the various services provided and the particular requirements of each procedure.
NOM. - Official Password denoting that the product meets the specifications for the Official Standard (NOM) and whose use is mandatory, according to the competent authority, so that "THE USER" accepts the terms used in this Agreement, the "NYCE" manuals and procedures, and other applicable regulations.
NOM-"NYCE." – The join of the Official Password and the Certification Body Trademark, that denotes the product meets the specifications of the Mexican Official Standard and whose use is mandatory for the "USER" in terms of this Agreement, "NYCE" manuals and procedures, and other applicable regulations.
NOM-STPS-"NYCE." - Official Password, including initials of the Ministry of Labor and Social Welfare (Secretaría de Trabajo y Previsión Social), and the Trademark of the Certification Body. It shows that the product meets the specifications of the Official Standard whose use is mandatory for "THE USER" in terms of this Agreement, "NYCE" manuals and procedures, and other applicable regulations.
NOM-"NYCE"- GENUINE CHOCOLATE. – The join of the official password of the Certification Body Trademark, and the words Genuine Chocolate denoting that the product meets the specifications for the Official Standard and whose use is mandatory for "THE USER" in terms of this contract, the "NYCE" manuals and procedures, and other applicable regulations.
NMX-”NYCE”.- Certification body distinctive sign denoting that the product meets the specifications of the Mexican standard, which shall be used by the customer as mandatory, and according to the terms of this contract, "NYCE" manuals and procedures, and other applicable regulations.
NMX-GAMES AND SWEEPSTAKES. – Distinctive sign of the Certification Body denoting that the systems and electronic gaming devices (of Products) meet the corresponding Mexican Standard.
Website. – It is the html file that is published online. This file consists of a template provided by "NYCE" which contains information provided by "THE USER", who assumes full responsibility for the information.
Online Service. – Certification services and / or products expert opinion of “THE USER” by using the computer system for the entry of requests via Internet.
Verification Visit (Following-up) – Visit to check the product for which the certificate and /or expert opinion was issued, in order to verify that it continues meeting the standard. The validity and relevance of the document depends on this verification visit.
SECOND.- PASSWORD:
The logos of "NYCE", hereinafter referred as "Password" shall be used by customers depending on the area and type of products they are certifying and / or auditing, according to the following classification:
i. NMX-”NYCE”.- It shall be used by customers that obtain the certification or expert opinion of the products subjected to a Mexican Standard.
ii. NMX-GAMES AND SWEEPSTAKES MX-.- It shall be used by customers obtaining the certification of products subjected to the corresponding Mexican Standards for gaming and sweepstakes.
iii. NOM It shall be used by customers obtaining the certification and/or expert opinion of the Rubber Industry (tires, valves and / or pneumatic chambers ).
iv. NOM-”NYCE” It shall be used by customers obtaining the expert opinion or certification of a product subjected to the Mexican Official Standard belonging to any of the following industries: Electronic, Telecommunications, Measuring Instruments or Energy Efficiency.
v. NOM-STPS-”NYCE” It shall be used by customers obtaining the certification and / or expert opinion of products belonging to the safety shoes or helmets market.
vi. NOM-”NYCE” GENUINE CHOCOLATE. - It shall be used by customers obtaining the product’s certification of the chocolate industry.
If "THE USER" requests certification and / or expert opinion regarding different industries, it is mandatory to use the password that corresponds to each industry, according to the classification described above.
THIRD- CERTIFICATION AND/ OR EXPERT OPINION SERVICES.
a. In this act "THE USER" asks "NYCE", and “NYCE” accepts, for the delivery services of certification or expert opinion of their products.
b. "THE USER" agrees to perform sampling and verification visits (monitoring) to complement the requirements for obtaining and maintaining the validity and effectiveness of the certificate or opinion“.
c. “NYCE" shall provide the services requested by "THE USER ", as long as “THE USER” complies with the obligations stated into this Agreement, into the existing passwords use regulations, into the manuals, procedures and other applicable provisions.
d. “NYCE” shall provide services to “THE USER” as described in the information documents, which shall be delivered to “THE USER”.
e. When "NYCE" conduct product sampling as part of its certification activities or expert opinion, it reserves the right to select the laboratory to which the product will be sent.
FOURTH.- CERTIFICATION AND / OR EXPERT OPINION SERVICES BY USING THE COMPUTER SYSTEM FOR THE ENTRY OF REQUESTS VIA INTERNET.
In case "THE USER" chooses certification and / or online expert opinion services, "NYCE" shall authorize the use of the virtual window, which is located in the web-site http://e "NYCE". "NYCE ". org.mx. Agreeing the following conditions.
a. To access the Online Service, "THE USER" shall request a User Account and password registered in "NYCE".
"NYCE" shall provide "THE USER" a "User Account" and a "Password" that let the user use the computer system for the entry of requests via Internet.
b. “THE USER “at all times shall assume the responsibility of maintaining the confidentiality of the password associated with its User Account.
c. Both parties agree that all notices and information of the "online services" shall be primarily delivered via email, according to data provided by "THE USER" in item a) of the second statement of this Agreement.
FIFTH.- CERTIFICATION PHASES OF DRAWING NUMBERS AND BETTING ELECTRONIC SYSTEMS TERMINALS:
Without prejudice to the rest of the clauses of this instrument, both parties agree that the Product Certification Scheme subject to the Mexican standards comprises the following phases:
Phase 1. Initial laboratory testing: This phase is carried out in an authorized laboratory, or recognized by "NYCE" for carry out the testing, according to the correspondent standards.
Phase 2. Verification Visit (Monitoring): After the laboratory tests are performed "NYCE" performs a site verification visit to the Game Hall where the Product(s) installation occurs in order to state that it (I) continues meeting the corresponding specifications.
After following the above two phases, if "NYCE" determines that the products comply with the features and specifications of the applicable standard and the requirements of the conformity assessment procedure, “NYCE” shall issue the corresponding certificate no later than 5-business-days- term.
After following the above two phases, if "NYCE" determines that the products do not meet the characteristics and specifications of the applicable standard and the requirements of the conformity assessment procedure “NYCE” shall issue a duly founded denial certificate according to the breach found.
The content of the Fourth Clause does not apply to systems and electronic gaming devices certification services.
SIXTH.- FOREIGN ADMISSION.
"THE USER" that is a citizen of another country with which the Mexican government has signed a free trade agreement or treaty should formally be considered as Mexican regarding the rights and obligations under this contract and therefore not to invoke the protection of his government.
Also "THE USER" that is a citizen of other country with which the Mexican government has signed a free trade agreement or treaty, acquires the capacity of joint obligor with retailers, distributors, and importers that reaches the acquirement of ownership certificate extending or opinion certification.
SEVENTH.- PAYMENTS:
a. As payment for the services rendered by "NYCE" to "THE USER", under this Agreement, “THE USER” forces itself to pay “NYCE” the current rates within deadlines, depending on the type of service requested, which shall be available at all times.
b. “"THE USER" agrees now that "NYCE" may adjust the fees charged for their services at any time, and therefore agrees to pay "NYCE" new fees, as long as such adjustment complies with the following:
i. The fees are published thirty (30) calendar days prior to the date of entry into force, or;
ii. The fees are the results from needs or plans approved by the “NYCE” Directors Board.
c. In the event that "NYCE" has to spend extraordinary amounts of time or resources to determine whether or not the products comply with the Standard, and that this is the result of attributable reasons to "THE USER, "THE USER" undertakes to pay additional fees to "NYCE" when “NYCE” delivers invoices thereof.
EIGHTH. - TERMS OF ISSUE AND USE OF CERTIFICATES OR OPINION:
a. If after doing the analysis process of the application for certification or expert opinion of "THE USER", "NYCE" shall determine that the products comply with the features and specifications of the respective standard and the requirements of the conformity procedures assessment, “NYCE” shall issue the corresponding certificate or opinion.
b. b. If after the above referred analysis "NYCE" determines that the product does not meet the features and specifications of the applied standard and / or with the requirements of the conformity assessment procedures, “NYCE” shall issue a duly founded denial certificate according to the breach found.
c. “THE USER" that obtains the certificate or opinion, agrees at all times to the following:
i. To use the corresponding password for the certified or opinion products, according to the Second Clause.
ii. To not alter, add, amend or in any way falsify certificates or opinions.
iii. To not use the certificates or opinions for different purposes other than granted.
iv. To not use passwords for different purposes other than the granted.
v. To not mislead the general public boasting that all of its products are certified or audited by "NYCE", and
vi. To not assign nor transmit, or give Access in any way to a third party, without the prior written consent of "NYCE”.
Failure to comply with such obligations without limitation listed in this clause, as well as any other, which "NYCE" considers it as severe, shall result in the cancellation of the certificate or opinion and to the termination in the terms of the Sixteenth Clause.
NINTH. - PASSWORD USE CONDITIONS:
In case "THE USER" obtains the certificate and / or the expert opinion, he/she is automatically obligated to use the password that corresponds to all products that has the certificate or expert opinion by "NYCE". Also, “THE USER” agrees to comply with the Using Regulations of passwords in force, with manuals and procedures as with the following provisions, and thereby determine by competent authority: