The Open Group Certified IT Specialist (Open CITS) Program
Certification Agreement
Issue 1.0, January 15, 2008
This Certification Agreement ("Agreement") is made and entered into by
and between the following Parties: The Open Group, Thames
Tower, 37-45 Station Road, Reading, England, RG1 1LX , and You ("the
Candidate").
Whereas, the Candidate wishes to apply for certification
in The Open Group's
IT Specialist Certification
program ("the Certification Program"); and Whereas, the Candidate is
uniquely defined in the Registration Form; and Whereas, The Open Group
is the Certification Authority operating the
Certification Program in accordance with the terms of
the IT Specilaist Certification Certification Policy.
Now therefore, in consideration of the mutual rights and obligations
of the Parties set forth below, the Parties agree as
follows:
1. Definitions:
For purposes of this Agreement, the following terms shall have the
following meanings:
Candidate
The individual who is in the process of being certified.
Certification Board
The group of subject matter experts appointed by the
Certification
Authority or by an Accredited Certification Program to assess
applications for certification.
Certification Package
The detailed description of the skill levels attained and
experience undergone that provides the Certification Authority or
Accredited Certification Program with sufficient information to
determine whether the Candidate meets the Conformance Requirements.
It is created by completing the Certification Package template provided
by the Certification Authority.
Certification Policy
The "The Open Group Certified IT Specialist (Open CITS) Program Certification Policy"
document, as amended from time to time by The Open Group, available at
http://www.opengroup.org/opencits/cert/docs.
Certification System Deficiency
An agreed error in the Certification and/or Certification
System, which
is inhibiting the certification process. A Certification
System Deficiency is one possible outcome of a Problem Report.
Conformance Requirements
A definition of the mandatory and optional requirements a person
must meet in order to be considered conformant, documented in the " The
Open Group Certified IT Specialist (Open CITS) Program Conformance Requirements"
as amended from time to time by The Open Group, available at
http://www.opengroup.org/opencits/cert/docs.
The Conformance Requirements define a number of Client Focus Areas,
Technical Focus Areas and Streams. Candidates may apply for
certification against one Client Focus Area and one Stream within one
Technical Focus Area.
Directory of Certified IT Specialists
The official list of all Certified IT Specialists, which is
maintained by
the Certification Authority and made publicly available
via the Internet.
Evaluation Process
The documented process by which the Certification Authority
determines
whether a Candidate has met the Conformance Requirements. The
Evaluation Process consists of evaluation procedures and criteria.
Evaluation Process Deficiency
An agreed error in the Evaluation Process used to evaluate
whether a
Candidate meets the Conformance Requirements, which impacts
certification. An Evaluation Process Deficiency is one possible outcome
of a Problem Report.
Interpretation
Decision made by the Specification Authority that elaborates or
refines the meaning of the Conformance Requirements, Certification
Policy, Accreditation Requirements, Accreditation Policy, or a standard
or best practice referenced therein. An Interpretation is one possible
outcome of a Problem Report.
Person
Includes a body of persons whether or not incorporated.
Program Logo
The logo or other trademarks as designated from time to time
by
The Open Group for use within The Open Group IT Specialist Certification
Program in relation to Certified IT Specialists.
Registration Form
The web form completed by the Candidate to register
themselves
for certification. The form
contains information on the Candidate to be certified.
Specification Authority
The Open Group IT Specialist Certification working group, or its
successor, which is responsible for developing, maintaining, and
interpreting the Certification Policy, Conformance Requirements,
Accreditation Policy and Accreditation Requirements of the Program.
2. The Certification Authority's Obligations
Certification
The Certification Authority will provide a means for the Candidate's
Certification package to be uploaded.
The Certification Authority will audit all certification-related
information provided by the Candidate, including supporting evidence.
The Certification Authority will
check to make sure the submitted information demonstrates that the
Candidate meets the applicable Conformance
Requirements.
The Certification Authority will, within 10 business days of receipt,
carry out an initial review to ensure the Certification Package is
complete and well-formed. If a complete and well-formed Certification
Package is received, the Certification Authority will assign the
Candidate to a Certification Board for the next stage of evaluation. If
an incomplete or incorrectly formed Certification Package is received, the
Candidate will be promptly notified via electronic mail of all the
missing or incorrectly formed items, and will be invited to make corrections
and re-submit the Certification Package for evaluation.
If an incomplete submission is received, the Candidate will be notified
within 10 business days
via electronic mail with a list of all the missing or incomplete items.
Once the completed submission is received, the initial audit will
resume, with an additional 10 business day turnaround.
The Certification Authority will assign the Candidate to the next
available Certification Board for evaluation, unless the Candidate has
expressed a preference for attendance at a specific scheduled board. Certification Boards
will meet at a time and place of the Certification Authority's choosing
according to demand, but will normally be convened no less frequently
than quarterly.
For each level of certification the process for evaluation of
conformance shall occur as described in the Certification Policy and Conformance Requirements.
Some classes of certification require Candidates to attend their
assigned Certification Board in person. Other classes of certification
require Candidates to participate in their Certification Board by a
series of telephone interviews. In either case the Certification
Authority will not provide Candidates with any monetary or other
assistance with travel, subsistence or other expenses incurred, or any
compensation for loss of earnings or revenues, in connection with
attendance at the Certification Board.
After assignment to a Certification Board, Candidates may, with no less
than 30 days notice, request a postponement to the next available
Certification Board. Failure to attend the assigned Certification
Board with less than 30 days notice will result in the application
being
terminated without any refund of fees.
The Certification Authority will contact the
Candidate with the result of the Evaluation Process within 6 business
days
of receiving the Evaluation report from the Certification Board.
If the Evaluation report indicates that the applicable Conformance
Requirements
have been met, the Certification Authority will notify the Candidate
via electronic mail of
the successful evaluation, and enter the Candidate
into the Directory of Certified IT Specialists once
the Candidate has accepted the Trademark License Agreement.
If the Evaluation indicates that the Conformance Requirements have
not been met, the Certification Authority will notify the
Candidate of the deficiencies. The Candidate may undertake corrective
action and re-apply after a minimum period of three months. The certification fee covers
only one evaluation.
A further fee will apply for a re-application.
Re-Certification
Re-certification is required every three years according to the Certification Policy. The
Certification Authority will send a re-certification reminder to
Certified Specialists 120 days and 90 days before Certification expires.
The Certification Authority will process Certification Packages for
re-certification in the same manner as for Certification, except that
where the class of certification originally required physical attendance
at a Certification Board this will not normally be required.
Anonymity of Appeals
In the event that the Candidate desires to appeal a decision made by
The Open Group or the Certification Board by invoking the appeals
process defined in the
Certification Policy, and wants the appeal to be anonymous, the
Certification Authority will facilitate an anonymous review on
behalf of the Candidate according to the Certification Policy.
3. The Candidate's Obligations
In addition to the certification-related information provided as part
of the registration process, the Candidate undertakes to
answer all reasonable additional questions the Certification Authority
or
the Certification Board may raise.
The Candidate undertakes to cooperate with the Certification Board
to undertake the Evaluation Process.
Registration and Payment of Certification Fee
The Candidate must complete a web-based registration form, providing
details about themselves and the Client Focus Area and the Stream within the
Technical Focus Area against which they are applying for certification and must formally accept the terms of this Agreement, by clicking on the 'I
ACCEPT' button below.
Payment of the Certification Fee is required to complete initial entry to the program.
Payment must be by credit card at the time of registration or by other means
agreed in advance by the Certification Authority, such as pre-payment by the
Candidate's employer.
The Certification
Authority will
not start the
certification process until payment has been received.
Certification
The Candidate agrees to provide a Certification Package and all required supporting evidence to the
Certification Authority and the Certification Board, along
with references to all relevant Interpretations, Certification System
Deficiencies, or Evaluation Process Deficiencies to explain any
deviances from the requirements. The Candidate also agrees to comply
with the
Certification Authority's and the Certification Board's reasonable
requests for clarification or rework regarding the completeness,
correctness or consistency of the provided
information.
Annual Program Participation Fees
The Certification Fee covers participation in the program for the first year of
certification. For the second and subsequent years of certification the
Candidate agrees to pay the annual Program Participation Fee . The
Certification Authority will send a payment reminder notice by
electronic mail to the Candidate at least one month prior to the payment due date.
Re-certification
The Candidate agrees to tri-annual Re-Certification according to the
Certification Policy and agrees to pay the re-certification fee, which includes
the Annual Program Participation fee for the following year.
Failure to apply for re-certification before the end date will result
in
certification being terminated.
Warranty of Conformance
By clicking the "I ACCEPT" button below, the Candidate hereby warrants
and represents that he/she meets the applicable Conformance Requirements
at the
time of certification and will continue to meet the Conformance
Requirements throughout the time in which they
are certified, in accordance with the Certification Policy. If the
Candidate fails to ensure continued compliance with the
applicable Conformance Requirements, the Certification Authority may
revoke the
certification for the Candidate.
For the avoidance of doubt, any demonstrable shortfall with respect
to the applicable Conformance Requirements is grounds for withdrawal of
certification, whether or not that shortfall is apparent from the
supporting evidence supplied and the certification process itself.
4. Confidentiality
The Certification Authority shall, except where a provision of
this Agreement provides otherwise, maintain in confidence all
information the
Candidate discloses to the Certification Authority in relation to this
certification. No license, express or implied, under any
copyright is
granted by the Candidate to the Certification Authority by virtue of
such disclosure and the Certification Authority shall not use any such
information except for the
purposes of this Agreement. The Certification Authority's
obligations under this sub-clause shall be limited to taking such steps
as it ordinarily
takes to preserve its own confidential
information. The obligations of non-disclosure and non-use set out in
this Agreement shall not apply to any item of information which:
Is in the public domain at any time (but without prejudice to
any Person's rights of action against another Person who
wrongfully causes or permits such information to be in the public
domain),
Was rightfully in the Certification Authority's possession without
obligation of confidence prior to its disclosure pursuant to this
Agreement, or is subsequently independently developed by the Certification
Authority's employees having no access to the information
disclosed hereunder,
Is subsequently rightfully obtained without obligation of
confidence by the Certification Authority from a source other than the
Candidate as evidenced by written records,
Is required to be disclosed by order of any court of
competent jurisdiction,
PROVIDED that no right or interest under any license, patent, or
otherwise shall be acquired by the recipient of any information by
virtue of the application of this clause.
The Certification Authority may disclose the Candidate's
confidential information to those of its employees who reasonably
require to have access to
such information and to members of a Certification Board.
The Candidate acknowledges and accepts that the Certification Authority
may make use of commercial third party printing and distribution services to
make the Candidate's Certification Package available to the members of the
Certification Board.
5. Liability and Indemnity
5.1 Liability
THE CANDIDATE ACKNOWLEDGES THAT BECAUSE OF THE SPECIAL NATURE OF THE
CERTIFICATION AUTHORITY IT IS REASONABLE FOR THE CERTIFICATION
AUTHORITY TO EXCLUDE LIABILITY AS SET OUT BELOW AND FOR THE CANDIDATE
TO
TAKE MEASURES, INCLUDING INSURANCE WHERE APPROPRIATE, TO
MITIGATE OR PREVENT ANY POTENTIAL LOSSES THAT MAY ARISE (PROVIDED THAT
SUCH MEASURES ARE NOT IN BREACH OF THIS AGREEMENT).
THE CERTIFICATION AUTHORITY ON ITS OWN BEHALF AND ON BEHALF OF ITS
OFFICERS, EMPLOYEES AND AGENTS, INCLUDING CERTIFICATION BOARD MEMBERS
HEREBY EXCLUDES ALL LIABILITY,
WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE USE OR NON-USE BY ANY PERSON OF ANY
INFORMATION PROVIDED BY THE CERTIFICATION AUTHORITY TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW. IN NO EVENT SHALL THE
CERTIFICATION AUTHORITY BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL
LOSSES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS,
CONTRACTS, PRODUCTION OR USE).
5.2 Indemnity
The Candidate shall indemnify and hold harmless the Certification
Authority together with its officers, servants, agents, subcontractors,
and
shareholders of the Certification Authority, Certification Board
members,
and their servants when
engaged in activities on behalf of the Certification Authority but only
to the extent that they are
acting in that capacity (together the ''Indemnified'') against any and
all demands, claims, and liability for direct losses,
damages, settlements and costs (including lawyers' fees) of any nature
whatsoever asserted against or suffered by the Indemnified,
but limited to demands and claims from a third Person, and liability
incurred from such demands, and claims arising out of the
Candidate's supply of IT Specialist related Services,
provided that
any such demand and claim is based on the Certification Program
under this Agreement and not caused by any criminal action,
gross negligence or tort by the Indemnified,
the Indemnified notifies the Candidate within ten days of any
such demand and claim, and refrains from any action on account of
such demand and claims which may prejudice the Candidate, and
the Candidate is given full authority and sole control to defend
and settle any such demands and claims.
The Certification Authority shall take all reasonable steps to limit
such damage or loss.
No provision of this clause shall apply in any circumstances or in
respect of any liability or class of liability to the extent
that it may not apply in accordance with applicable law. In the event
of such a provision being held to be inapplicable or invalid
the Parties will make such amendments to this Agreement by the addition
or deletion of wording, or otherwise, so as to remove the
inapplicable or invalid part of the provision but otherwise retain the
provision to the extent permissible under applicable
law.
6. General
Entire Agreement
This Agreement including any documents referred to therein (as amended
from time to time), together with all other forms relating to
this Agreement submitted and accepted by both Parties constitutes the
entire agreement and supersedes all prior oral or written
agreements, understandings, or arrangements between the Parties
relating to such subject matter. Neither Party shall be entitled to
rely on any agreement, understanding, arrangement, or representation
relating to the subject matter of this Agreement which is not
expressly contained or referred to in this Agreement and no change may be made to this
Agreement except in writing and signed by duly authorized
representatives of both Parties.
Waiver of Rights under this Agreement
No failure or delay on the part of either of the Parties to exercise
any right or remedy under this Agreement shall be construed or
operate as a waiver thereof nor shall any single or partial exercise of
any right or remedy preclude the further exercise of such
right or remedy as the case may be.
Notices
Any notice or other document to be given under this Agreement shall be
in writing in the English language and, except in
circumstances where this Agreement specifically provides for notices by
electronic mail, shall be deemed to have been duly given if
sent by hand or by recorded delivery or registered post, or by
facsimile (subsequently confirmed by post) to a party at the
specified address for that party, unless a different address has
been notified to the other in writing for this purpose. The
specified address for the Certification Authority is the address set
out above, and the specified address for the Candidate is the address
provided for
on the Registration Form, as entered into the
web-based certification system. Notices shall be deemed to
have been received by the addressee within 72 hours of posting as above,
or within 24 hours if sent by hand or facsimile to the
addressee's correct address.
Interpretation
The headings in this Agreement are inserted only for convenience and
shall not affect its construction.
Where appropriate words denoting the singular only shall include the
plural and vice versa.
Term and Termination.
This Agreement comes into effect at the date of acceptance and will
expire only if explicitly terminated:
At any time upon six months' written notice by either Party to
the other; or
If a period of 30 days has elapsed from one Party notifying the
other Party of a breach of this Agreement or of the terms of
the Certification Policy, and such a breach has not been rectified to
the satisfaction of the other Party.
Notwithstanding the termination of this Agreement for any reason, the
obligations of non-disclosure in respect of any confidential
information disclosed prior to such termination shall survive for a
period of 5 years following such termination.
Governing Law
This Agreement shall be governed by the laws of England and the Parties
hereby submit to the non-exclusive jurisdiction of the
English courts.
7. Fees
The Fees described at http://www.opengroup.org/opencits/cert/docs/OpenCITS_Fee_Schedule.html are quoted
net of all applicable taxes and duties
which, where appropriate, will be payable by the Candidate to the
Certification Authority (or to the relevant tax authorities as
applicable) in addition.
Payment
The Certification Authority will charge the applicable certification
fee upon submission of a completed application. The Candidate agrees to
incur the
applicable fee for each application.
Fees are payable in U.S. dollars and will be debited against the
credit card provided to the Certification Authority in the web-based
certification
system. Fees are non-refundable.
8. Execution
By clicking on the "I ACCEPT" button below, the Candidate:
Hereby acknowledges reading and understanding this
agreement.
Agrees to be bound by the terms of the Certification Policy
and this Certification Agreement.
Warrants and represents that the Candidate as identified by
the name defined in the Registration Form ,
as entered in the web-based certification system, meets the applicable
Conformance Requirements.
Warrants that NO MATERIAL CHANGES have been made to this
Agreement since it was made available to the Candidate by the
Certification Authority in
an electronic format;
and by clicking on the "I ACCEPT" button below, the Candidate agrees
that all these obligations, and those described in the
Confidentiality and Indemnity clauses of this Agreement shall survive
the termination of this Agreement.
