Core terms for every badge

This Licence Agreement is published by CAQA Certified, part of CAQA Groups and a Career Calling International Pty Ltd (ABN 53 162 651 238) initiative. These are the core contractual terms that apply to every holder of every CAQA Certified badge. On certification, the holder enters this agreement with CAQA. The badge specific obligations in Section 5 apply in addition to these terms, and where a badge specific term sets a shorter timeframe than a core term, the shorter timeframe applies. The final terms of the agreement must be settled with a lawyer before the program contracts with holders.

4.1 The agreement and the parties

On certification, the badge holder enters a licence agreement with the registered owner of the CAQA Certified marks, being Career Calling International, which operates the program as CAQA Certified, part of CAQA Groups. In this document that party is called CAQA. The licence agreement, the certification rules for each mark, and the fee schedule together form the complete terms on which a mark is held.

4.2 Grant and scope of the licence

CAQA grants the holder a non-exclusive, non-transferable and revocable licence to display the certified mark or marks during the certification period. The licence is granted to the specific entity assessed, for the specific mark or marks certified, and for the certified scope only. The holder becomes an approved user of the mark for the purposes of the certification rules. The holder must not sub-licence, assign or otherwise transfer the licence, and must not permit any related entity, franchisee or business line that was not certified to display the mark.

4.3 Term and renewal

The licence runs for twelve months from the date the certificate is issued. It does not renew automatically. The licence renews only where the holder completes re-verification successfully and pays the renewal fee before the expiry date. Where re-verification is not completed by the expiry date, the licence lapses and all rights to display the mark end.

4.4 Fees and payment

The holder must pay the applicable annual fee for the certified tier before the certificate is issued and before each renewal. Fees are set out in the fee schedule that forms part of the agreement. Where a fee is not paid by the due date, CAQA may suspend the certificate, and the certificate lapses where the fee remains unpaid at the expiry date.

4.5 Continuing eligibility

The holder must meet the certification requirements for each licensed mark at all times during the term, and not only at the date of assessment. Certification reflects a continuing state. Where the holder ceases to meet a requirement for a licensed mark at any time during the term, the holder must notify CAQA within the timeframe set for that mark and must cease use of the mark where the requirement is no longer met.

4.6 Permitted use of the marks

The holder may display the certified mark only in the approved form supplied in the mark kit, with the certificate identifier shown wherever it is practicable, in accordance with the brand guidelines provided, within the certified scope, and on the holder's own materials for the certified entity. The holder may state that the certified entity holds the relevant CAQA Certified mark and may describe what the mark certifies in terms consistent with the certification rules.

4.7 Prohibited use of the marks

The holder must not alter the colours, proportions or wording of a mark. The holder must not display a mark on goods, services, locations or business lines outside the certified scope. The holder must not display a mark after expiry, suspension, revocation or termination. The holder must not represent, expressly or by implication, that a mark is a government endorsement, a regulator determination, or an accreditation by a public body. The holder must not use a mark in any way that is misleading, that overstates what the mark certifies, or that combines the mark with other marks or statements so as to mislead. The holder must not use a mark in a way that brings CAQA or the program into disrepute.

4.8 Notification of change

The holder must notify CAQA in writing within fourteen days of any change that affects the holder's eligibility for a licensed mark, unless a shorter period is specified for a particular mark, in which case the shorter period applies. Where a criterion for a licensed mark is no longer met, the holder must cease use of that mark immediately, whether or not CAQA has yet made a determination.

4.9 Verification, audit and cooperation

The holder must complete annual re-verification to keep a certificate current. In addition, CAQA may conduct verification checks during the term, either at random or where CAQA has reasonable grounds to review a holder's eligibility. The holder must provide the evidence CAQA requests within ten business days, and must provide access to premises or systems where the certified mark requires that form of assessment. The holder must cooperate with CAQA's verification and must not withhold or misrepresent information.

4.10 Warranties by the holder

The holder warrants that all information it provides to CAQA is true, accurate, complete and not misleading, that it has the authority to provide that information and to enter the agreement, and that it complies with the laws that apply to its business. The holder acknowledges that CAQA grants and maintains certification in reliance on the holder's information and warranties.

4.11 Suspension

CAQA may suspend a certificate where it appears that the holder no longer meets a certification requirement, where the holder is in breach of the agreement, where a fee is unpaid, or where CAQA is investigating a matter that affects the holder's eligibility. During suspension, the holder must cease all use of the affected mark. CAQA lifts the suspension where the holder demonstrates that the requirement is met or the breach is remedied.

4.12 Termination

CAQA may terminate the licence for a mark where the holder no longer meets a certification requirement, where the holder is in breach of the agreement and does not remedy the breach within ten business days of notice, where the holder provided false or misleading information, where the holder has misused the mark, where the holder brings the program into disrepute, where a fee remains unpaid, or where the holder becomes insolvent or enters external administration. The holder may terminate the licence on written notice to CAQA. The licence also lapses automatically where it is not renewed by the expiry date.

4.13 Effect of expiry, suspension, revocation or termination

On expiry, suspension, revocation or termination, the holder must cease all use of the affected mark immediately, across every medium, including its website, social media, printed materials, signage, packaging, email signatures and advertising. The holder must remove the mark from all materials within ten business days, and must return or destroy any physical or digital mark assets. CAQA removes the holder from the public register or updates the holder's status on the register, and CAQA may publish the change of status. The holder must confirm in writing, within ten business days, that it has removed the mark from all materials.

4.14 Indemnity

The holder indemnifies CAQA against any claim, loss, liability or cost that CAQA incurs arising from the holder's misuse of a mark, the holder's breach of the agreement, or any inaccurate or misleading representation the holder makes in connection with a mark. This indemnity survives the end of the agreement.

4.15 Limitation of liability and the nature of certification

Certification is an independent assessment, at a point in time, against published criteria. It is not a guarantee of the holder's ongoing compliance, quality, conduct, solvency or performance, and it is not advice to any third party. CAQA is not liable for the holder's business outcomes, for any decision a third party makes in reliance on a mark, or for any loss arising from the holder's conduct. To the extent the law permits, CAQA's aggregate liability under the agreement is limited to the fees the holder paid in the twelve months before the claim. Nothing in the agreement excludes, restricts or modifies any right or remedy that cannot be excluded under the Australian Consumer Law.

4.16 Insurance

The holder must hold and maintain the insurance appropriate to its business throughout the term. Where a particular mark requires a specific form or level of insurance, that requirement is stated in the contractual obligations for that mark, and the holder must maintain that cover as a condition of holding the mark.

4.17 Intellectual property and goodwill

The CAQA Certified marks, mark names, criteria, rules and program materials are owned by Career Calling International and remain its property. The licence grants the holder no ownership of, or interest in, any mark beyond the right to display it in accordance with the agreement. All goodwill arising from the holder's use of a mark accrues to CAQA. The holder must not apply to register, must not use as its own, and must not challenge or assist another to challenge, any CAQA Certified mark.

4.18 Confidentiality and privacy

CAQA keeps the evidence a holder provides confidential, except for the holder's certification status and the details published on the public register. Each party must protect the other's confidential information and use it only for the purposes of the agreement. CAQA handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

4.19 Dispute resolution

A dispute about a certification decision is resolved through the two stage process in the certification rules, being internal review by a senior reviewer not involved in the original decision, followed by independent review by a reviewer independent of CAQA Groups. Nothing in the agreement limits a party's rights under the Australian Consumer Law or a party's right to take a matter to a court.

4.20 Variation of criteria and rules

CAQA may update the certification criteria and rules for a mark from time to time. Where a mark is registered as a certification trade mark, a change to its rules requires the approval of the Australian Competition and Consumer Commission. CAQA gives holders notice of a change, and holders must meet the updated criteria at their next re-verification. A holder's continued use of a mark after the effective date of a change is acceptance of the updated criteria and rules.

4.21 General

The agreement is governed by the law of Victoria, Australia. The agreement, the certification rules and the fee schedule are the entire agreement between the parties on their subject matter. If a provision is unenforceable, it is severed and the rest of the agreement continues. A failure to enforce a provision is not a waiver of it. Notices must be in writing. The holder must not assign the agreement. CAQA may assign the agreement, and where a mark is a registered certification trade mark, an assignment of the mark requires the approval of the Australian Competition and Consumer Commission.