ALIMAN ISLAMIC SOCIETY INCORPORATES
Unit 6 99-101 Western Avenue
Westmeadows, Vic. 3049
TERMS & CONDITIONS SCHEME
1. Purpose
The purpose of Terms & Conditions Scheme the objective is the parties be familiar with their rights and duties obligations on the face of contractual binding agreements.
2. Scope
The Terms and conditions are applicable between Al-Iman Islamic Society Inc. (AIS) And its clients (companies) and third parties with connection Government requirements and Regulation Overseas authorities in respect of their acts/Rules should be applied in the terms of Halal Certifications.
These conditions apply to contracts agreed between AIS and its clients, unless it is otherwise agreeds in writing or so prescribed by statutory instruments.
3. Management of Impartiality
In order to uphold confidence in and integrity of the independent Halal certification, the AIS management is committed to maintenance of impartiality throughout the certification process. We fully understand the importance of impartiality in carrying out our Halal certification activities, managing potential conflicts of interests and ensuring the objectivity of the entire process. Our certification decisions are based on objective evidence of conformity or otherwise obtained during audits and our decision are not came be influenced by any other interests or by other parties. AIS compliance with these requirements reviewed by the independent Impartiality Committee conducting periodic audits of our management of impartiality.
4. Assessment of Halal Management System, Products and Processes
a. AIS is independent, neutral and objective in its assessments. Assessments performed at the client’s place of operations. The type, extent and time schedule of the procedure are subject to separate agreement by the parties.
b. Where Ovine, Bovine and Avian slaughtering and processing takes place, the correct number of Muslim delegates shall be maintained in accordance with AIS requirements
c. If nonconformities with Islamic rites and the requirements of the respective specification are identified during an assessment, the corrective actions must demonstrably be carried out by the client within the period specified in the reference document or by an appropriate agreed deadline, prior to AIS issues certificate or certificates.
d. AIS strives to minimize any disturbances of the business process while conducting the assessment on Porcine and its derivatives may not be used in the facility that produces Halal products.
e. Part of AIS responsibility is to observe a client management and its internal management control system. All equipment, machinery, utensils, stoves, receptacles, benches and ovens used for Halal goods preparation shall be cleaned prior to use under the overall supervision of the Site Manager or their appointee.
f. Storage and preparation areas reserved for the preparation of Halal goods shall be segregated
g. Storage, preparation, heating and/or cooking of Halal goods shall be carried out under the overall supervision of the Site Manager or their appointee.
h. Halal and non-Halal goods shall not be prepared, mixed, cooked or heated in/on the same equipment at the same time.
i. All raw, frozen, dried, processed and prepared ingredients required for the preparation of Halal goods, shall be acquired from suppliers approved by AIS and kept segregated in storage from non-acceptable ingredients.
j. Any product, ingredient or ready-made goods not approved by AIS shall not be used in the preparation of Halal goods.
k. Halal goods coming into contact with non-Halal goods shall not be considered, labelled or sold as Halal
l. The objective of client observation is to determining its conformity with Islamic rites and specified requirements, including the effectiveness of the system. AIS administrative committee is satisfied the audit conformities in the context of safety assurance; the certification may be granted.
5. Certification Cycles
The Halal Certification period is 3 years subject to annual surveillance audits in Year 1 and year 2 and recertification in year 3. Certificates shall be subject to update after each surveillance audit.
6. Audits
In conducting a client audit, AIS is applied terms and requirements of there are several formal documents that can be used in relation to matters concerning the chairperson and directors of a company. A Chairperson is in charge of the general conduct of a company's general meeting and of the procedures to be adopted at the meeting and has all the powers specified under the Corporations Act. Templates relating to chairpersons include minutes and notices for the appointment of a chairperson.
The business of a company is to be managed by or under the direction of the directors. The directors may exercise all the powers of the company except any powers that the Corporations Act or the company's constitution (if any) requires the company to exercise in general meeting.
7. Templates relating to directors include minutes and notices for appointment of a director and the resignation of a director amongst others. Corresponding checklists are provided for the documents.
a. Board - Chair & Directors
b. There are several formal documents that can be used in relation to matters concerning the chairperson and directors of a company. A Chairperson is in charge of the general conduct of a company's general meeting and of the procedures to be adopted at the meeting and has all the powers specified under the Corporations Act. Templates relating to chairpersons include minutes and notices for the appointment of a chairperson.
c. The business of a company is to be managed by or under the direction of the directors. The directors may exercise all the powers of the company except any powers that the Corporations Act or the company's constitution (if any) requires the company to exercise in general meeting.
d. Templates relating to directors include minutes and notices for appointment of a director and the resignation of a director amongst others. Corresponding checklists are provided for the documents.
e. UAE 2055-1. UAE-2055-2.a$UAE 3 GSO 993. GSO 17021, GSO17025, GSO17025 and MS1500/2009 In the context of of the general requirements management-products acceptability, Audit administration requirements in respect6.6. Documentation, human power, technology, science, auditor’s knowledge and experience in audit network.
f. In other words; AIS commits itself to use only auditors who are suitable for the task on the basis of their understanding of Islamic rites and technical qualifications, their experience and their personal abilities. Sariah audit form essential positive in the audit assessment.
g. Audit Confirmations/ Re-scheduling/ Cancellations, Clients will be advised of scheduled audits via email and shall be confirmed or rescheduled by return email.
8. Use of Trademarks and Certificates
a. Trademark and Logo are part of AIS policy and procedure used in context of its certification products and marketing process in accordance with regulation requirements.
b. The Trademark shall be no less then 9mm in diameter when printed on the client’s labels and shall be printed one colour. Written permission shall be sought to approve and print the label.
c. The Trademark shall only be used on products manufactured during the certification period indicated on the certificate.
d. Certificates and trademarks may be used for promotion. Such use is restricted to the scope and the period of validity of the certification. AIS Trademark shall not be attached to a non-conforming products.
e. Certificates and trademarks shall not be transferred to successors in title, new owners or other organisations. Certificates can only be displayed at the address mentioned on the certificate.
9. Breaches of Certification Cancellation of Halal certificates Non Conformity
a. AIS may only issue certificates if all Halal requirements have been fulfilled following the audit (initial/re-assessment). In case of non-fulfilment, the auditors will document the shortcomings in a nonconformity report or announces the restraints which must be complied with in order for a certificate to be issue.
b. All nonconformities or restraints must be eliminated or complied with in the stipulated time of the Corrective Action Request Form or by the AIS Auditor.
c. If necessary, AIS will repeat the audit in full or in part. The resulting costs will be invoiced in accordance with the current price list, based on the effort required.
d. On a basis of non-conformity, certification may be cancelled, or suspended, withdrawn or annulled, the client must desist from any promotion, making use of the certification and AIS trademark. The client’s right of retention is precluded and must commit to return the certificate/s following cancellation, suspension, withdrawal or annulment.
e. The client shall never use the certification and trademark in such a way as to undermine the reputation of AIS
f. AIS takes cares that its certificate or trademark not be in misleading manner and not in accordance with strict provisions stipulated by AIS terms and conditions.
g. In cancellation halal certification then the client is entitled to have sufficient length of time, as it could be possibility containers be in despatch to overseas shipment.
10. Suspension
a. AIS is obeyed by GSO 17065 clauses 3.01 to 8.01 those clauses give the right to AIS to:
b. AIS is entitled to suspend a certificate for a limited period of time if the client demonstrably violates Islamic rites, halal rules and contractual or financial obligations towards AIS particularly if:
c. Corrective actions to the products and processes have not been demonstrably and effectively implemented within the agreed-upon time frame;
d. The appointments suggested by AIS for audits necessary for the maintenance of the certification have not been complied with and the usual time limit of twelve months since the previous assessment has thereby been exceeded;
e. AIS has not been informed in a timely manner about planned changes and other changes which affect conformity with the Halal specifications which form the basis for the certification;
f. A AIS certificate or a trademark has been used in a misleading manner and not in accordance with strict provisions stipulated by AIS
g. In such circumstances, AIS shall first announce a possible suspension in writing. If the reasons for the suspension is eliminated within two weeks, AIS informs the client in writing about the suspension of the certification stating the reasons as well as the corrective actions necessary for the certification to be reinstated. Certifications are suspended for a restricted period (usually a maximum of 90 days). If the required measures have been implemented demonstrably and effectively by the established deadline, the suspension of the certification is cancelled and certification reinstated.
11. Withdrawal
a. AIS is entitled to withdraw certificates, publicise it on their website and notify relevant authorities after giving written notice of intent or declare them invalid it:
b. The suspension period of the certificate has been exceeded,
c. The conformity of processes and products with Halal specification on which it is based is not ensured; The client continues to use the certification for promotion following the suspension of the certificate;
d. The client uses the certification in such a way as to undermine the reputation of the certification body; the preconditions which led to issuing the certificate no longer apply or the client is not prepared to eliminate nonconformities;
e. The client effectively terminates the contractual relationship with AIS Non-compliance with these Terms and Conditions of Certification including non-payment for AIS services within agreed trading terms.
12. Annulment
a. AIS is entitled to annul certificates, or retroactively declare them invalid, if: It subsequently turns out that the preconditions required for issuance of the certificate had not in fact been fulfilled;
b. The client has compromised the certification procedure so that the objectivity, neutrality or independence of the assessment result is in question.
13. Appeals and Complaints
a. Every client has the right to have services performed within the agreed scope in such a way that expectations and requirements are fulfilled. In case of non-fulfilment, AIS requests information necessary for improvements. In case of a difference of opinion with assessors or AIS itself; each client has the right to submit an appeal or a complaint against a decision to the AIS Appeal Committee.
b. The appeal is in writing forward to the Appeal Committee of AIS. If a solution cannot be worked out between, the client and the Appeal Committee as a next level the AIS Impartiality Committee. A failure to resolve complaint after detailed consideration may be referred for judicial arbitration.
14. Advice
Any advice given to you is only an opinion based upon our knowledge of your particular circumstances at the time the advice is given.
15. Privacy of Your Personal Information: Confidentiality
a. The provision of the information is voluntary, but if this information is not provided, we may be unable to complete your client engagement.
b. The client has the right of access to, and alteration of, personal and sensitive information concerning yourself in accordance with the Privacy Act and our Policies and Procedures.
c. Information collected by us will be held securely. All care will be made to maintain the security, accuracy and currency of information held. When no longer required, or when requested in writing to delete information, personal and sensitive information will be destroyed. Please direct any enquiries you may have about this matter to us at the address above.
16. Limitation of liability
a. The client must be aware that Al-Iman Islamic Society Inc. liability may be limited under the scheme.
b. Our liability is limited by a scheme approved under Professional Standards Legislation.
17. The client Responsibilities:
The responsibility for special purpose confidentially reports the above entities, are under the law, including adequate disclosure. This includes the maintenance of adequate documentation records and internal controls, the selection and application of accounting policies, and the safeguarding of the assets of the entities. These duties are imposed upon the client. Further is responsible to keep full and proper records in order to facilitate the preparation of a correct halal certification if it is subject to investigation or review process. While the law required the client to keep records for review may take place within a period of up to four years.
18. Change of Directors’ details:
changes of address, name, shareholdings of directors etc. are advised by the company to It is the client responsibility to ensure ASIC. You must advise changes to ASIC within 14 days of the date of the change in order to comply with ASIC advice of changes.
19. Australian Securities and Investments Commission Annual Reviews:
a. The client will receive from ASIC annual statements for your company and ASIC invoices. It is your responsibility to check that all details shown on the statement are correct and to notify ASIC of any necessary corrections e.g. change of address. You must also hold a directors’ meeting to consider and pass a Solvency Resolution confirming that the company is able to pay its debts as and when they fall due.
Where you have given our details as your advisors and we are to be requested by third parties to provide AIS information about you, it is client responsibility to advise us that such requests may be forthcoming, and detailing which information is to be provided. We will not disclose any information unless specifically instructed by you to do so.
20. Payment of Fees:
a. AIS fees, which will normally be billed upon completion of engagements*, are based upon the time required to prepare the work plus any out-of-pocket expenses or disbursements. The hourly rate at which you are charged depends upon the level of advice, skill, qualifications and experience required to complete various parts of the engagements. Plus GST
b. Our payment terms are 14 days from the date of our invoice or upon the service of the Halal certificates, with the relevant authority of any associated documents, whichever is the sooner. It is the client responsibility to adhere to these terms.
c. Any expenses, costs or disbursements incurred by us in recovering any outstanding monies, including debt collection agency/legal fees, are payable by the client.
The client may not be invoiced for all of the above aspects of the engagements at once, but may be invoiced progressively, as parts of the work are completed, by mutual agreement, or as information is provided.
21. Publicity:
AIS allows clients to use Its Halal Certificates within the course of their trade local and overseas. Only copies of the Halal certificates be available but the original must be kept in their premises. AIS permits Logo only on certified products as well as the packages,
22. Indemnity:
In a case a breach of contractual agreement occurred due a cancellation or termination of the contractual agreement, logo and tradename of AIS must be stopped and withdraw by a client. AIS logo shown on the products and must be eliminated from the market place with package six months from the date termination or on the date stipulated between the parties. Any costs may incurred due to any conflict which causes financial monetary damages will be indemnified by the party in the contractual binding.
23. Litigation and General Terms
Al-Iman Islamic Society Incorporated is subject to sue and be sued in Victoria Australia Court.
a. AIS services contract shall be deemed to have been made, excuted and delivered in the State of Victoria, Australia, and shall be constituted in accordance with the laws of Victoria.
b. All correspondence should be given by either party under the Agreement shall be sent by certified mail, or by Emails
c. Severability and Assignment. The invalidity and unenforceability, in whole or part of any provision in this Agreement shall not affect anyway the remainder pf the provisions herein.
d. This Agreement together with any other materials referenced in expressely made a part of the Agreement constituted the final entire Agreement between AIS and the client and supersedes all prior and contemporary agreement in written.
e. AIS and a client hereto agree that facsimile signatures shall be as effective as if original. This Agreement may be executed via facsimile in any number of counterparts, all of which taken together shall constitute the same agreement.