TOGAF 7 Certification Terms and Conditions

1. Definitions

The product support channels operated by a certificate holder and identified on the TOGAF 7 CERTIFICATION web site as applying to a product.
The identified channels must include one by which anyone can raise issues about the product, as well as one for customers that have purchased the product.

2. General

STATEMENTS MADE BY CERTIFICATE HOLDERS AND OBJECTORS ARE THE RESPONSIBILITY OF THE PEOPLE MAKING THEM, NOT OF THE OPEN GROUP. EXCEPT FOR LIABILITY FOR THE DEATH OR INJURY OF ANY PERSON ARISING FROM ITS NEGLIGENCE, THE OPEN GROUP HEREBY EXCLUDES ALL LIABILITY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THE OPERATION OF THE TOGAF 7 CERTIFICATION PROGRAMS. IN NO EVENT SHALL THE OPEN GROUP BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES SUFFERED BY ANY PARTY AS A RESULT OF THE OPERATION OF THE TOGAF 7 CERTIFICATION PROGRAMS.
Statements made by the committee of experts are put forward by The Open Group as expert opinion established by due process.
All statements made by all parties for publication through the TOGAF 7 CERTIFICATION programs will conform to the current TOGAF 7 CERTIFICATION website code of practice.
The operation of the TOGAF 7 CERTIFICATION programs shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.

3. Creation and Updating of Certificates

To obtain TOGAF 7 Certification a company or individual must complete, sign and submit the relevant TOGAF 7 Certification Program registration form to The Open Group.
By submitting the registration form the applicant agrees that:
- he or she is authorised to make the claim of conformance on behalf of the company or individual
- the claim of conformance is accurate
- the company or individual will abide by these Terms and Conditions
- the certification fee will be paid to The Open Group by credit card or by invoice.
If paying by a method other than credit card please note that your submission cannot be processed until the payment is received by The Open Group.
Once certification has been achieved, a record of the certification details will be entered onto the public Certification Register, and retained there for a period of one year unless it is withdrawn by the certificate holder or withdrawn as a result of an objection as described in the Objections section of these procedures.
All certification fees are non-refundable.
The Open Group may agree to modify entries on the Certification Register after the original entry is made. Such a request such include confirmation that:
- The requestor is authorised to make the claim of of conformance (as modified) on behalf of the company or individual
- the modified claim of conformance is accurate
- the company or individual will abide by these Terms and Conditions.

4. Objections

Anyone having reason to believe that a claim of conformance on a TOGAF 7 CERTIFICATION certificate is inaccurate must first raise the issue with the certificate holder (or where the certificate holder is a company, with the certificate holder's support channels).
If 30 days after raising an issue with the certificate holder a person does not believe that the issue has been or is being addressed satisfactorily, that person can lodge an objection under the TOGAF 7 CERTIFICATION procedure. To do this, the objector completes a form showing that the the certificate holder, or the certificate holder's support channels, have been invoked and specifying the failure of conformance. The failure must be one of TOGAF 7 CERTIFICATION conformance covered by the statement of claim on the certificate, not a general product problem. The failure must be described in sufficient detail to allow expert investigation. By clicking the "I Agree" button on that form, the objector agrees to abide by these Terms and Conditions. The objection is recorded by The Open Group and sent to the certificate holder.
Within 15 days of receiving notice of the objection from The Open Group, the certificate holder must place the objection into one of the following three categories.

a) There is not a properly stated conformance problem.

Objections that do not follow the TOGAF 7 CERTIFICATION procedure may be placed in this category, as well as objections that in the view of the certificate holder do not have merit or are not related to TOGAF 7 CERTIFICATION conformance. The certificate holder should supply rationale as to why there is a not a properly stated conformance problem. No further action is taken unless the objector appeals (see below).

b) There is a minor conformance problem.

The objection and any response from the certificate holder will be placed on public record. The certificate holder is encouraged to make a new version of the claim of conformance or (where relevant) bring out a new version of the product to which the problem does not apply. The record of objection will then be associated with the old but not with the new claim or version.

c) There is a major conformance problem.

The certificate will be withdrawn from the product or individual.

The disposition of the objection will be recorded by The Open Group and sent to the objector.
If the certificate holder does not respond within the 15 days, the objection will be automatically classed as a minor conformance problem and placed on public record.
If the objector is not satisfied with the disposition of the objection, the objector can appeal to the committee of experts. Such appeal must be lodged within 30 days of receiving the disposition of the objection. The committee of experts can ask for further evidence from the objector or from the certificate holder. It can commission its own investigation of the problem, or ask the certificate holder to carry out specific conformance investigations related to its statement of claim recorded on the TOGAF 7 CERTIFICATION web site. It can re-classify the objection. If it puts the objection into the "major interoperability problem" category then the certificate will be withdrawn. No time limit is placed upon the committee of experts making a final decision on an appeal, but if it has not done so within 60 days then it will make an interim statement which will be placed on public record. Except where a certificate is withdrawn and the certificate holder appeals, the decision of the committee of experts shall be final.
Once an objection is placed on public record, the record can be removed or changed only by decision of the committee of experts. The committee of experts can at its discretion make changes to the public record of an objection at the request of the parties concerned or on its own initiative.
The committee of experts can withdraw a certificate if it holds that the certificate holder is not operating the procedure correctly and in good faith.
Where a decision of the committee of experts results in withdrawal of a certificate, the certificate holder has right of appeal to The President of The Open Group. In case of disagreement with the President's decision, the certificate holder may elect to go to arbitration by a panel of three arbiters, one of whom is the President of The Open Group, another of whom is nominated by the certificate holder, and the third of whom is chosen at random from those members of the arbitration panel that are available to serve. If the certificate holder elects to pursue the appeal process described in this paragraph, action to withdraw the certificate will be suspended for the duration of the appeal process, except where withdrawal is due to breach of the TOGAF 7 CERTIFICATION website procedure. Where withdrawal is due to breach of the TOGAF 7 CERTIFICATION website procedure, withdrawal shall be immediate.
To preclude undesirable delay, the certificate holder will have 15 days from notification by the committee of experts of its intention to withdraw the certificate to initiate an appeal to the President of the Open Group, and a further 15 days from notification of the decision by the President of the Open Group to notify the Open Group of its election to go to arbitration. The arbiters shall be appointed within 15 days of the date when The Open Group receives the notice of election to go to arbitration. The arbiters shall use their best endeavors to produce their decision within 30 days of their all being appointed.

5. Withdrawal by Certificate Holder

The certificate holder may withdraw the certificate at any time. The Open Group will request confirmation by e-mail and on receipt of this will remove the certificate and all references to it from the website.

6. Withdrawal by The Open Group

Certain of the TOGAF 7 CERTIFICATION programs have inter-dependencies: for example, if certification under the TOGAF 7 CERTIFIED program requires participation in a course certified under the TOGAF 7 TRAINING certification program; and certification under the TOGAF 7 PROFESSIONAL SERVICES program requires a company to have staff certified under the TOGAF 7 CERTIFIED program.
If a claim of conformance under any of the TOGAF 7 CERTIFICATION programs proves to have been false, then The Open Group at its sole discretion reserves the right to take appropriate action. In particular, The Open Group reserves the right to withdraw certification in cases where it has reason to believe the non-conformance has been deliberate.
Action in other circumstances would depend on the circumstances, and the nature of the non-conformance. As an example:
1. For a minor non-conformance that did not significantly affect the quality of the knowledge and understanding of TOGAF 7 transmitted to attendees:
  - For attendees / TOGAF 7 CERTIFIED individuals - we would allow a permanent waiver.
  - For TOGAF 7 PROFESSIONAL SERVICES companies employing such people there would be no impact.
  - The TOGAF 7 TRAINING certified company would be required to bring the course into conformance within a reasonable time (but before next delivery of the course).
2. For a more serious non-conformance that did significantly affect the quality of the knowledge and understanding of TOGAF 7 transmitted to attendees, but where the non-conformance was unwitting:
  - For attendees / TOGAF 7 CERTIFIED individuals - we would allow a waiver for the duration of the current certification, but require that they attended a certified TOGAF 7 refresher course before renewal (i.e., they could not renew on the basis of the non-conformant course only).
  - For TOGAF 7 PROFESSIONAL SERVICES companies employing such people - as above: waiver plus requirement that their staff get refreshed. (This would be covered also in effect by the TOGAF 7 Code of practice.)
  - The TRAINING certified company would be required to bring the course into conformance immediately.
3. For intentional deception in non-conformance:
  - If we believed the TRAINING certified company had intentionally deceived The Open Group, we would revoke its certification immediately.
  - If we believed any attendees had intentionally deceived The Open Group, we would revoke their certification immediately.
  - If we believed a TOGAF 7 PROFESSIONAL SERVICES certified company had intentionally deceived The Open Group, we would revoke its certification immediately.

7. Right to Use the Open Group Certification Mark logo

The Open Group Certification Mark logo is a trademark of The Open Group.
Unlike rights derived from patents and copyrights, which provide protection for only a limited number of years, trademark rights can last forever. Trademark rights can also be lost forever. The exclusive right granted in a trademark is usually lost as a result of careless or improper use, usually by allowing the mark to be used as generic or descriptive words for products. All of the following were once valuable trademarks in the U.S.A.: aspirin, escalator, cellophane, zipper, shredded wheat, corn flakes and kerosene. All became common or generic words because their owners did not use them carefully and correctly and did not prevent the improper use of them by others. Some of the clauses in this section governing the use of The Open Group Certification Mark logo are inserted to enable The Open Group to preserve these trademarks for the benefit of the IT community.
A certificate holder, its agents, its product distributors, and other parties may use the term "TOGAF 7 CERTIFIED", "TOGAF 7 TRAINING", "TOGAF 7 PROFESSIONAL SERVICES", or "TOGAF 7 TOOL SUPPORT", as appropriate, in conjunction with The Open Group Certification Mark logo on or in relation to a product that appears in the TOGAF 7 CERTIFICATION Registry.
Use is permitted (and encouraged):
- on the packaging of software and its media
- in manuals for software
- on the log-in screen of a device with a graphics screen
- on the World-Wide Web
- on training manuals and other materials
- on marketing collateral
When a product is removed from the TOGAF 7 CERTIFICATION Registry, the permission to use The Open Group Certification Mark logo on or in relation to that product is withdrawn. Users of The Open Group Certification Mark logo trademarks must cease their use in connection with such products as soon as is reasonably practicable following their removal from the registry.
Where a TOGAF 7 CERTIFICATION logo The Open Group Certification Mark logo appears on the World-Wide Web it must be hyperlinked to the TOGAF 7 CERTIFICATION web page http://www.opengroup.org/architecture/cert/togaf7cert/cert7index.htm, as for example by using the following HTML construct:

<a href="http://www.opengroup.org/architecture/cert/togaf7cert/cert7index.htm"><img src="TOGAF7toolsupportSM.gif" border=0></a>
All use of The Open Group Certification Mark logo trademarks in advertisements, display boards, promotional material and product catalogues must be in relation to certified products only. If an advertisement, document or other material refers both to such products and to other products, the trademark must not be used in such a way as to suggest that all the products being advertised are certified.
The Open Group Certification Mark logo trademarks must not be juxtaposed to other symbols or text in such a way as to show a connection with them.
The Open Group Certification Mark logo trademark whenever and wherever it appears must be distinguished from the surrounding text. This applies to all forms of printed media, including advertising copy, product packaging, brochures, manuals, internal memoranda, editorial, articles, correspondence, overhead projector slides and presentation materials, computer video screens, and the World-Wide Web.

Methods of distinguishing a textual trademark include printing it in CAPITALS, italicised text, bold faced text, Initial Capital Letters, or placing the trademark in "quotation marks".

The Open Group Certification Mark logo must stand alone and be surrounded by a generous amount of space. It must not be enclosed within a contrived shape or used as part of another symbol or name. The Open Group logo image files include the surrounding space required when the logo is displayed on computer video screens or the World-Wide Web. The Open Group logo artwork specification defines the surrounding space required in other cases.
The graphical design of The Open Group Certification Mark logo must be strictly adhered to.
Where The Open Group Certification Mark logo is displayed on a computer screen or the World-Wide Web, one of The Open Group logo image files, or an alternative provided by The Open Group, must be used. It must not be re-sized or altered in any way. The Open Group may be able to supply alternative image files in other sizes if requested. Copying of The Open Group logo image files for this purpose is permitted.

In all other cases where The Open Group Certification Mark logo is displayed, The Open Group logo artwork specification must be followed.
The Open Group Certification Mark logo must never be superimposed on or used in association with other graphics or logos.
The Open Group Certification Mark logo may not be used in conjunction with product names under any circumstances.
The first or most significant occurrence of The Open Group Certification Mark logo trademark must be marked and must