Terms of Service
These Terms of Service set out the base contractual framework between Guardian Middle East LLC and its clients for certification engagements. Specific certification engagements are governed by an executed certification contract that incorporates these Terms; in case of conflict, the executed contract prevails for that engagement. The Terms are aligned with ISO/IEC 17021-1 §9.1.4 (contractual arrangements) and QFC Companies Regulations. Governing law: Qatari law, with QFC jurisdiction where applicable.
Defined Terms
Term | Meaning |
Guardian / we / our | Guardian Middle East LLC, a limited liability company incorporated in the Qatar Financial Centre under QFC Licence 03870. |
Client / you | The legal entity engaging Guardian for certification or related services under an executed contract that incorporates these Terms. |
Certification Engagement | The complete cycle of activities from inquiry through Stage 1, Stage 2, certification decision, surveillance, and recertification — as defined in the certification contract. |
Certification Contract | The executed agreement between Guardian and the Client that incorporates these Terms and defines the specific engagement scope, fees, and timeline. |
Certificate | The formal document issued by the relevant certification body (Guardian Assessment Pvt Ltd, the Third-Party CB, TNV Global Limited, or Guardian Middle East LLC depending on tier) confirming the certification. |
Issuing CB | The certification body that issues the Certificate — depending on tier, Guardian Assessment Pvt Ltd, the Third-Party Certification Body (IAS-Accredited under MSCB 154 for ISO 22301), TNV Global Limited (Tier 3), or Guardian Middle East LLC under the Guardian Approved Scheme (Tier 4). |
Standard | The international or other standard against which the Client is being certified. |
ISO/IEC 17021-1 | ISO/IEC 17021-1 — Conformity assessment — Requirements for bodies providing audit and certification of management systems — Part 1: Requirements, the international standard governing the certification process. |
Scope of These Terms
Application
These Terms apply to all certification engagements undertaken by Guardian Middle East LLC, including:
- Initial certification engagements across Tier 1, Tier 2, Tier 3, and Tier 4 (Guardian Approved Scheme).
- Surveillance audit cycles.
- Recertification audit cycles.
- Scope variation engagements.
- Inspection-services engagements under ISO/IEC 17020.
- ISO 26000 Attestation engagements (which operate on annual cycles).
- Transfer engagements from other certification bodies under ISO/IEC 17021-1 §9.1.3.
Relationship Between These Terms and the Certification Contract
The Certification Contract executed at Step 2 (Application & KYC) is the operative agreement for a specific engagement. These Terms are incorporated into the Certification Contract and form part of the agreement. In case of conflict between these Terms and the Certification Contract, the Certification Contract prevails for the affected engagement; in case of conflict between the Certification Contract and accreditation requirements (ISO/IEC 17021-1, IAF Mandatory Documents), the accreditation requirements prevail.
Tier-Specific Variations
Where the engagement is Tier 2 (ISO 22301), Tier 3, or Tier 4 (Guardian Approved Scheme), the contractual structure reflects the specific accreditation chain and issuing body — see /about/accreditation/. The role of Guardian Middle East LLC may be local representative (Tier 2 ISO 22301, Tier 3) or issuing body (Tier 4 under the Guardian Approved Scheme).
Mutual Obligations
Guardian’s Obligations
- Conduct certification activities in accordance with ISO/IEC 17021-1 and applicable IAF Mandatory Documents.
- Operate impartiality framework under ISO/IEC 17021-1 §5.2 — see /legal/impartiality-statement/.
- Provide qualified audit teams with sectoral competence per IAF MD 11.
- Maintain confidentiality of audit information per ISO/IEC 17021-1 §8.5.
- Process personal data in line with Qatar PDPPL Law 13/2016 — see /legal/privacy-notice/.
- Conduct CDD/EDD under QFC AML/CFTR 2019 — see /legal/aml-cft-notice/.
- Make certification decisions independently per §9.5.
- Issue certificates under the appropriate accreditation chain following decision.
- Maintain records per ISO/IEC 17021-1 and Guardian’s Quality Manual.
- Provide complaints and appeals routes under §9.7 and §9.8 — see /legal/complaints-and-appeals/.
- Notify the client of material matters affecting the engagement — including changes to standards, accreditation, or applicable Mandatory Documents.
Client’s Obligations
- Provide accurate information for application and CDD, including beneficial ownership disclosure under QFC General Rule 8A.
- Cooperate with audit teams during Stage 1, Stage 2, surveillance, and recertification audits — including access to sites, personnel, records, and documentation as required.
- Maintain conformity with the standard throughout the certification cycle.
- Notify Guardian of material changes affecting the certified scope — including organisational changes, beneficial ownership changes, scope variations, site additions / closures, and changes in regulatory authorisation that affect the certified scope.
- Use certification marks in accordance with the Use of Marks Policy at /legal/use-of-marks-policy/.
- Address nonconformities through corrective action plans within agreed timeframes.
- Pay fees in accordance with the Certification Contract.
- Cooperate with accreditation body witnesses (UAF, IAS, QS) where their oversight visits include witnessed audits of the Client’s certification.
- Cease use of marks immediately on suspension or withdrawal.
- Cooperate with Complaints and Appeals processes where the Client is the subject of a complaint or appeal.
- Maintain CDD currency through periodic refresh requests.
Confidentiality
Mutual confidentiality obligations apply to information exchanged in the course of the certification engagement, under ISO/IEC 17021-1 §8.5.
Guardian’s Confidentiality Commitment
- Audit information is treated as confidential.
- Personal data is processed in line with Qatar PDPPL Law 13/2016.
- Information is shared only with personnel authorized under Guardian’s procedures.
- Disclosure to third parties is permitted only where required by law (regulator request, court order, FIU Qatar request), accreditation body assessment (UAF, IAS, QS witnessed audits and oversight), or with the Client’s explicit consent.
- Where disclosure is required by law, the Client is notified to the extent permitted (subject to tipping-off restrictions under Qatar AML Law for AML/CFT matters).
Client’s Confidentiality Commitment
- Audit team identities, audit working papers, and Guardian’s proprietary methodologies are treated as confidential.
- The Certification Contract terms and fee arrangements are treated as confidential.
Permitted Disclosures Under Both Parties’ Frameworks
- Guardian’s certification of the Client (the fact and scope) is disclosed publicly through IAF CertSearch (for accredited tiers) and through the Client’s own public claims under the Use of Marks Policy.
- Guardian’s accreditation status is publicly disclosed.
- Public-facing aspects of the engagement are not subject to confidentiality.
Fees & Payment
Fee Structure
- Initial-cycle fees — covering Stage 1, Stage 2, certification decision, and certificate issuance.
- Surveillance fees — for Year 1 and Year 2 surveillance audits.
- Recertification fees — for Year 3 recertification audit.
- Scope variation fees — where material scope changes attract additional audit days under IAF MD 5.
- Reimbursable expenses — travel, accommodation, subsistence — charged at cost where applicable.
- Specific fee structures — defined in the Certification Contract.
Payment Terms
- Fees are payable per the schedule in the Certification Contract.
- Standard payment terms are net 30 days from invoice date unless otherwise agreed.
- Late payment may attract interest at the rate stated in the Certification Contract.
- Material payment delinquency is grounds for engagement suspension under §17.
Currency & Tax
- Fees are typically denominated in QAR or USD as agreed in the Certification Contract.
- Applicable Qatari taxes are added to fees where required by law.
- Cross-border engagements may attract additional withholding or transfer-related considerations addressed in the Certification Contract.
Term, Suspension & Termination
Initial Term
The certification engagement initial term is the 3-year cycle from the certification decision date. The term renews on successful recertification at Year 3, beginning the next 3-year cycle. ISO 26000 Attestation engagements operate on annual terms.
Suspension
Guardian may suspend the certification under ISO/IEC 17021-1 §9.6 in circumstances including:
- Failure to address major nonconformities within agreed timeframes.
- Failure to facilitate the surveillance audit at the required frequency.
- Misuse of certification marks not corrected after formal warning.
- Material change in compliance status that affects the certified scope.
- Material payment delinquency.
- Voluntary suspension on Client request.
- Other serious breaches of the Certification Contract.
During suspension, the Client may NOT continue to claim certification. The IAF CertSearch entry (where applicable) is updated to suspended status. Suspension period is typically up to 6 months — beyond which withdrawal typically follows.
Withdrawal
Guardian may withdraw the certification under ISO/IEC 17021-1 §9.6 in circumstances including:
- Suspension period exceeded without resolution.
- Serious or repeated misuse of certification marks.
- Material breach of the Certification Contract that cannot be remediated.
- Loss of underlying authority (e.g., revocation of regulatory authorisation).
- Voluntary withdrawal on Client request.
- Cessation of business in the certified scope.
Withdrawal triggers immediate cessation of marks use under the Use of Marks Policy.
Termination
Either party may terminate the Certification Contract on the grounds and with the notice specified in the Certification Contract. Termination by Guardian is typically the consequence of withdrawal under §17.3. Termination by the Client is voluntary and triggers withdrawal of certification.
Effect of Termination
- Cessation of certification (where applicable) — see Use of Marks Policy.
- Settlement of fees due up to termination.
- Survival of confidentiality obligations beyond termination.
- Survival of records-retention obligations under regulatory and accreditation requirements.
- Survival of indemnity provisions in the Certification Contract.
Intellectual Property
Guardian’s Intellectual Property
Guardian’s audit methodologies, working papers, internal procedures, training materials, and Implementation Kits are Guardian’s intellectual property. The Client’s use is limited to the purposes of the certification engagement; reproduction, redistribution, or use beyond the engagement requires Guardian’s prior written consent.
Client’s Intellectual Property
The Client’s management system documentation, processes, and proprietary information remain the Client’s intellectual property. Guardian’s use is limited to the purposes of the certification engagement and to the records-retention requirements under ISO/IEC 17021-1 and Guardian’s Quality Manual.
Marks
Use of certification body marks, accreditation body marks, and the IAF MLA mark is governed by the Use of Marks Policy at /legal/use-of-marks-policy/. Mark ownership remains with the respective owners (Guardian Assessment Pvt Ltd, the Third-Party CB, TNV Global Limited, Guardian Middle East LLC, UAF, IAS, QS, IAF) — the Client’s use is licensed under the Certification Contract for the duration of certification validity.
Liability
Limitations
Subject to applicable Qatari law, Guardian’s liability under the Certification Contract is limited to direct losses caused by Guardian’s breach of the Certification Contract or by gross negligence in the conduct of certification activities. Guardian’s aggregate liability per engagement is typically capped at a multiple of the fees paid by the Client for the affected engagement, as defined in the Certification Contract.
Exclusions
To the maximum extent permitted by Qatari law, Guardian is not liable for:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, business opportunity, or goodwill.
- Damages arising from the Client’s misuse of certification, marks, or audit findings.
- Damages arising from third parties’ reliance on a misrepresented or expired certification.
- Damages arising from the Client’s failure to maintain conformity with the Standard.
- Damages arising from regulatory or accreditation body decisions affecting Guardian’s accreditation.
- Force majeure events as defined in the Certification Contract.
Insurance
Guardian maintains professional indemnity insurance, general liability insurance, and other coverage at levels appropriate to the nature and scale of its certification activities. Specific coverage details are available on request.
Force Majeure
Neither party is liable for failure or delay in performing obligations under the Certification Contract where such failure or delay arises from circumstances beyond the party’s reasonable control — including acts of God, natural disasters, pandemics, war, civil unrest, government actions, or critical infrastructure failures. The affected party will:
- Promptly notify the other party of the force majeure event and its expected impact.
- Use reasonable endeavours to mitigate the impact.
- Resume performance as soon as reasonably practicable after the event.
- Where the force majeure persists beyond a defined period (typically 90 days), the parties may agree to vary or terminate the Certification Contract.
Dispute Resolution
21.1 — Internal Resolution First
The parties agree to seek resolution of disputes through good-faith discussion in the first instance. Disputes about audit findings, certification decisions, or scope variations may be raised through the Complaints and Appeals process at /legal/complaints-and-appeals/.
21.2 — Escalation
Where internal resolution does not resolve the dispute, the parties may escalate to:
- Senior management discussion — between the SEF (or equivalent) of each party.
- Mediation — through a mutually agreed mediator under recognised mediation rules.
- Accreditation body / regulator routes — where the matter falls within the scope of UAF, IAS, QS oversight or QFCA / QFCRA jurisdiction.
21.3 — Final Resolution
Where the dispute remains unresolved after internal and escalation routes:
- Disputes within the QFC’s regulatory jurisdiction may be subject to QFC Court jurisdiction.
- Other disputes are typically subject to the Qatari court system, applying Qatari law.
- The Certification Contract may specify alternative arrangements (e.g., arbitration under recognised rules) for specific engagements.
Governing Law
These Terms and any Certification Contract that incorporates them are governed by Qatari law, with QFC regulations applying where Guardian’s QFC-licensed status is engaged. Specific governing-law clauses in individual Certification Contracts may further refine this position based on the parties’ circumstances.
Specific Statutory Frameworks
- QFC Companies Regulations — applicable to Guardian’s corporate operations as a QFC LLC.
- Qatar PDPPL Law 13/2016 — applicable to personal data processing.
- QFC AML/CFTR 2019 + Qatar AML Law 20/2019 — applicable to AML/CFT compliance.
- Qatar contract law — general law of obligations applicable to commercial agreements.
- Qatari tax law — applicable to fee structures.
Variation
Variations to a Certification Contract require written agreement between the parties. Material changes — particularly those affecting fees, scope, or accreditation chain — typically require formal contract amendment with appropriate sign-off.
Variations to these Terms (this Page) may be made by Guardian from time to time. The current version is identified in the Version Bar at the top of the page. Material changes are communicated to active clients via email and are published in the Version History at the foot of this pag
Compliance notes
These Terms of Service form the base contractual framework for certification engagements between Guardian Middle East LLC and its clients. The Terms operate under: (a) ISO/IEC 17021-1 §9.1.4 (Contractual arrangements between the certification body and its client); (b) QFC Companies Regulations applicable to Guardian as a QFC LLC; (c) Qatari governing law including contract law, PDPPL Law 13/2016, AML Law 20/2019, and applicable tax law; (d) Tier-specific accreditation chains where Guardian Middle East LLC’s role varies by tier. Specific engagements are governed by an executed Certification Contract that incorporates these Terms; in case of conflict, the executed contract prevails for that engagement. Mutual obligations, confidentiality, fees, suspension, withdrawal, intellectual property, liability, force majeure, and dispute resolution are addressed in the relevant sections. Guardian Middle East LLC operates under QFC Licence 03870.
GET STARTED — CONTACT GUARDIAN
Guardian Middle East LLC | Serving the Middle East
QFC Licence 03870 · Doha, Qatar
Location: Abo Hamour Area, Doha, Qatar
P.O. Box: 23277, Doha, Qatar
Mobile: +974 7770 2602 | +974 7213 7770
Email: info@guardian.qa
Website: www.guardian.qa
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