FOSSIL FREE DATA CERTIFICATION
TERMS & CONDITIONS

1. General

Unless otherwise agreed in writing, all offers or services provided by Nordic Industry Locations AB, CRN: 556884-1653 [op. cit. Node Pole] concerning the Fossil Free Data Certification shall be governed by these Terms and Conditions.

2. Definitions (as applicable)

Assessment

means an evaluation, performed by Node Pole, of the Client’s submitted documents to prove Criteria compliance.

Certification

means the procedure by which a third-party give written assurance that the characteristics of the Client’s operations meets the Criteria.

Certificate

means the Certificate issued by Node Pole following the Certification by the third-party Certification Body.

Client

means the Client identified in the Application.

Contract

means the agreement between the parties for Node Pole to carry out the Assessment and provide a Report in accordance with the Application;

Criteria

means the standard used for evaluation.

Certification Body

means the accredited organisation which confirms that a Clients application comply with the Fossil Free Data Criteria.

3. Enquiry

In the application, the Client will supply Node Pole with appropriate information. Based on this information Node Pole will send an order confirmation, specifying the duration and cost involved. The application can be submitted online or downloaded on; https://www.fossilfreedata.com/apply, and emailed to: info@fossilfreedata.com

4. Initial Assessment

To ensure that your application meets the requirements of this Contract and the specified Criteria, we require you to:

• Demonstrate compliance to the specified Criteria
• Nominate a management representative and advise Node Pole of this nomination.

To ensure compliance, Node Pole may request additional information to verify accuracy.

5. Certification

Following a submission of an adequate correct documentation by the Client, an independent review of the initial Assessment report will be conducted. If all mandatory Criteria are fulfilled, the Certification body shall then grant Certification. As evidence of Certification you will receive a Node Pole signed Certificate, detailing the scope of assessed activities and location.

Node Pole may at any time refuse Certification or revoke, suspend or terminate Certification where compliance with the specified Criteria or this Contract has not been met.

6. Policy governing certification marks (Logos)

The Client shall adhere to the Node Pole branding guidelines on completion of their initial Assessment. The branding guidelines can be downloaded directly on the website fossilfreedata.com.

7. Certification body

Node Pole has engaged an independent third-party certification body to perform the Certification.

8. Criteria

The Criteria for Fossil Free Data aim to reflect a highly efficient Data Center/ Cluster of Data Centers and may be subject to change over time. https://www.fossilfreedata.com/criteria

9. Surveillance and re-assessment

Random controls may be performed by the Certification body in order to secure compliance.

10. Changes to your organisation

If you no longer comply with the Contract or the specified Criteria, or you make significant changes to your business that might jeopardise Criteria compliance it is requested that you inform Node Pole.

11. Certificate suspension or withdrawal

Node Pole reserves the right to suspend, or withdraw, the Certification as result of:

• Misuse of Registered Company Certification Mark.
• Failure to apply corrective action as a result of non-conformances found at an Assessment or surveillance within a reasonable time.

Should the client organisation wish to appeal against the suspension or withdrawal of Certification, Node Pole operates an appeals procedure, see clause 18.

12. Charges and payment

• Fees and payment structure (full or stage) will be agreed in advance with the Client
• Fees will be exclusive of but subject to VAT and expenses.

For more details to application and annual fees visit https://www.fossilfreedata.com/how-to

13. Termination

Cancellation of Contract through the Client shall be made no later than the annual renewal date.

Node Pole shall not be required to fulfil its duties and obligations under this Contract if Node Pole is prevented from fulfilling its duties and obligations by any acts or omissions of the Client.

14. Ownership of Node Pole Certification

The Certificate and the right to use the logo shall remain the property of Node Pole and the Client agrees not to assign, charge, licence, transfer or otherwise deal with it in any way.

15. Limitiation of liability

Node Pole‘s total liability in Contract, (including negligence or breach of statutory duty), misinterpretation, restitution, or otherwise arising in connection with the performance of this Contract shall be limited to the Services Fee.

16. Confidentiality

Node Pole, its employees and contracted Certification body shall keep confidential all the information relating to the Client’s business and shall not disclose that information to any third party.

Node Pole, its employees and contracted Certification body have signed individual confidentiality agreements and will only receive confidential information on a need to know basis.

These restrictions shall not apply to any information in the public domain or which Node Pole is required by law or relevant accreditation bodies to disclose.

17. Force majeure

If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstance in question.

Neither party shall be deemed to be in breach of this Contract, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.

18. Complaints

If you have cause to complain about the provision of Node Pole services, the complaint should be made out to Node Pole in writing.

19. Data protection

As per our general Terms & Conditions.

20. Publicity and promotion

In order to maintain the integrity of Node Pole services, you agree not to make any misleading statements concerning your application or Certification to any third party and will use your best endeavours to ensure that no-one connected with you gives misleading information.