INTERNATIONAL RECOGNITION AGREEMENT FOR INVESTORS IN PEOPLE

 

 

This agreement is applicable to a recognised organisation or SUB-UNIT within an organisation (“the Client”)

 

 

By signing the application form requesting to be assessed Agreement, the Client confirms that the Client has read, understood and agreed to abide by the following terms and conditions.

 

Maintaining the Standard

 

Recognition as an “Investor in People” means that the Client has achieved the Investors in People Standard (the Standard) as determined by an independent assessment carried out by International Quality Centre's (IQC) Recognition Panel. IQC is a centre authorised by Investors in People UK to carry out assessment, review and recognition of organisations and organisational divisions against the Investors in People Standard for multinational organisations and organisations in countries where there is no service available.

 

The Client’s recognition as an “Investor in People” is subject to periodic review by IQC. To maximise the benefits from using the Standard in the period up to the next review, and to ensure that the Client’s recognition as an “Investor in People” continues after the review, the Client must:

·         consider any development and improvement points identified by the IQC assessor which is assigned to the Client and the Client must respond to those points in a manner which is satisfactory to IQC; and

·         otherwise exercise good business practice at all times in conducting the Client’s business operations in order to conform to and preserve the Standard and any goodwill associated with the Standard.

 

The Client must refrain from doing anything, which may prejudice or endanger the value of the Standard.

 

The principles of the Standard serve as a robust framework for continuous improvement in all organisations and organisational sub-units recognised as an “Investor in People”. It is important that the Client’s operations continue to conform to the Standard and that momentum is maintained.

 

Changes to the Client

 

The Client must inform IQC of any substantive change that takes place or is planned to take place in or to the Client’s structure, strategy, management or culture (a “Change”). Without limitation, a Change may include any mergers, acquisitions, takeovers, cases of significant growth or reduction in employee numbers and changes in name or ownership. The Client must inform IQC prior to the Change taking place or, if this is not possible, as soon as is reasonably practicable following the Change.

 

IQC reserves the right to investigate the nature of any Change and its impact on the application of the Standard. Wherever possible, this investigation shall be timed to take place with a routine review of the Client’s compliance with the Standard. For this purpose, the Client agrees to permit IQC reasonable access to the Client’s premises and to those records which IQC reasonably believes are relevant to the Client’s recognition as an “Investor in People”. The Client may be required to pay the costs associated with any such investigation provided that such costs are agreed with the Client in writing beforehand.

 

Use of the ‘Investor in People’ ® Logo

 

Investors in People UK grants to the Client a non-exclusive, royalty-free licence to use the Investor in People® logo (“Trade Marks”) for use in the Client’s business solely for the purpose of displaying the Client’s recognition as an “Investor in People”. The licence granted shall only subsist for so long as the Client is recognised as an “Investor in People”.

 

The Client’s right to continue to use the Trade Marks shall be reassessed at each of the Client’s periodic reviews (which shall be held at least once every three years).

 

The Client shall only use the Trade Marks:

·         on the Client’s stationery, promotional materials, merchandise, advertising and signage; or

·         as otherwise permitted in writing to the Client by Investors in People UK or IQC.

 

The Client undertakes to:

·         use the Trade Marks in such form or forms, style or colour, and in such position and size as set out in this acknowledgement or as otherwise approved in writing by Investors in People UK

·         exercise good business practice at all times in conducting the Client’s business operations in order to preserve the goodwill associated with the Trade Marks; and

·         not do or omit to do any act or thing which might result in registrations of the Trade Marks being revoked under the Trade Marks Act 1994.

·         not to claim that a certain level has been achieved (“we are a level 3 organisation”) following a review against the Investors in People profile.

 

The Client will not do anything to endanger the value or validity of the Trade Marks.

 

During the Client’s recognition as an “Investor in People”, the Client shall not try or assist others to register or use a trademark which is identical with or similar to any of the Trade Marks.

 

The Client recognises Investors in People UK’s title to the Trade Marks and that all goodwill generated by the Client’s use of the Trade Marks will inure to the benefit of Investors in People UK.

 

For the avoidance of doubt, in circumstances where a division of the Client’s organisation has been recognised as an “Investor in People”, only that division is licensed to use the Trade Marks as aforementioned.

 

The Trade Marks must only be used by the Client. They shall not be used by one of the Client’s affiliated companies or organisations.

 

Details of how the Client will be provided with The Trade Marks (including the logo) is contained in the booklet ‘Recognition – What Happens Now?’ which accompanies the Client’s report.  Versions of the Trade Marks are available upon request on paper or in electronic formats for desktop publishing, presentations and website applications from Investors in People UK.

 

Unless the express written consent of Investors in People UK has been obtained, the Trade Marks shall only by reproduced in the Client’s main corporate colour, Pantone 539, or black, or silver, or reversed out of black.

 

The Trade Marks shall not in any circumstances:

·         be reproduced smaller than 15mm wide; or

·         appear larger than the Client’s own logo on any piece of material bearing both; or

·         be distorted, partially reduced, condensed, broken up, redrawn, added to or have material placed within the Garland; or

·         have the ‘Investor in People’ text set out on two or three lines; or

·         be obscured by other text or images within their area of isolation.

 

The Client must immediately notify Investors in People UK if the Client suspects that any use or proposed use by any other person of a trade name, trade mark or other mode of promotional advertising amounts or might amount to an infringement of Investor in People UK’s rights in relation to the Trade Marks.

 

Written Reports:

 

Assessment and review reports are ‘Commercial-in-confidence’.  Investors in People UK and IQC will make every reasonable effort to ensure information contained in these reports is not disclosed to any third party, unless there is prior written agreement with the Client.

 

 

 

 

Complaints and failure to demonstrate compliance to the Standard

 

Occasionally, Investors in People UK and their partners receive complaints about recognised “Investor in People” organisations. These complaints typically originate from media sources, employees, ex-employees, customers, competitors or their representatives. As the custodians of a national and international quality Standard, Investors in People UK feel that it is essential that any allegations made that appear in any manner whatsoever to link to the requirements of the Standard are investigated by Investors in People UK expediently, professionally and without bias. This helps to protect the reputation of recognised “Investor in People” organisations and ensure that the credibility of the Standard is maintained.

 

The Client shall be notified if any complaint has been made against the Client and the Client shall be given full details of the circumstances and the nature of the complaint. Notwithstanding the foregoing, Investors in People UK shall be entitled to withhold the name(s) of the complainant(s) from the Client.

 

The Client must co-operate with any reasonable investigation into the Client’s ongoing application of the Standard, including the provision to Investors in People UK of reasonable access to the Client’s premises and records, and the Client must pay any costs associated with such investigation provided the costs are agreed with the Client in writing beforehand. In these circumstances, the primary aim of Investors in People UK and its partners is to support the Client’s return to meeting fully the requirements of the Standards.

 

Where there is evidence that the Client is not meeting the Standard, the Client’s recognition as an “Investor in People” may:

·         continue to be retained pending satisfactory completion of agreed improvement actions within a specified period of time; or

·         as a last resort, be removed by IQC’s Recognition Panel which conferred it.

 

Removal of the Client’s recognition as an “Investor in People” shall only occur if the Client:

·         is, in the reasonable opinion of Investors in People UK, not meeting fully the requirements of the Standard and the Client no longer has any prospect or wish to do so; or

·         fails to co-operate with an investigation into the Client’s conduct relating to the application of the Standard; or

·         ceases to trade or operate

·         is deemed to have brought the Standard into disrepute

 

In such cases, evidence shall be collected by IQC and presented to IQC’s Recognition Panel for consideration and determination. IQC’s Recognition Panel’s decision shall be final and binding on the Client and there is no appeals procedure beyond the decision of IQC’s Recognition Panel.

 

Bringing the Standard into disrepute

 

As previously mentioned, the Standard is a prestigious international award and is highly valued by those organisations or organisational divisions, which have been successfully assessed and recognised as an “Investor in People”. Occasionally, organisations or organisational divisions recognised as an “Investor in People” attract adverse publicity in the media or its people or its customers complain about its practices. Cases like this are extremely rare but can cause substantial damage to the credibility of the Standard. If the Client becomes involved in such, IQC’s Recognition Panel has the authority to remove the Client’s recognition as an “Investor in People”. Without limitation, the circumstances in which this may arise include: -

·         serious proven breaches of Health & Safety, Equal Opportunities, Employment or Environmental legislation;

·         a refusal to comply with the specific instructions of a court of law or industrial tribunal;

·         fraud or other proven serious financial irregularities;

·         non-payment for any services related to Investors in People;

·         serious proven instances of employee mistreatment;

·         involvement in activities considered incompatible in the interests of national security;

·         statements to the media from top management that conflict with the ethos of the Standard;

 

 

Removal of recognition

 

The decision to remove the Client’s recognition as an “Investor in People” shall always be made by IQC’s Recognition Panel, usually in consultation with the Client’s assessor, delivery partner representative and/or quality manager.

 

If IQC’s Recognition Panel decides that the Client’s status as an “Investor in People” is to be removed, the Client shall be informed in writing. The correspondence shall clearly indicate why recognition has been removed and the date from which this takes effect. Once recognition has been removed, the Client must:

·         remove from public display, within 30 days of receipt of the correspondence referred to above, all Investor in People plaques and certificates and make available for return to the provider those that were gifted;

·         remove all other Investor in People merchandise and Trade Marks from all public display within 30 days of receipt of the correspondence referred to above;

·         withdraw the Trade Marks from printed stationery and publicity material within a maximum of four months measured from the date of receipt of the correspondence referred to above;

·         immediately destroy all Investor in People artwork held so as to prevent it being used by mistake in the future; and

·         not make any claim of having being previously an “Investor in People” at any time.

 

 

Legislation

 

The Client shall comply with the prevailing health and safety, equal opportunities and employment legislation in the countries where they reside and operate.  For example in the UK this would be The Management of Health and Safety Regulations 1992, the Health and Safety at Work Act 1974, Equal Opportunities legislation and all other current employment legislation.

 

Confidentiality

 

The Client shall not use any confidential information belonging to Investors in People UK (including, without limitation, the Standard) for any purpose other than in accordance with the terms of this Agreement. Nor shall the Client disclose any such confidential information to any person except with the prior written consent of Investors in People UK.

 

This obligation of confidentiality shall survive the termination of this agreement.

 

Term and Termination

 

This Agreement shall continue in force from the date that the Client signs the enclosed Service Agreement until it is superseded at the next review by a further agreement or until the Client otherwise ceases to be recognised as an “Investor in People”.

 

Without prejudice to any other remedies which Investors in People UK may have, Investors in People UK may terminate this Agreement immediately by giving notice to the Client in writing:

·         in the event that the Client commits a material breach of these terms and conditions which is not capable of remedy;

·         in the event that the Client commits any other breach of these terms and conditions which is not remedied within 30 days of written notice from Investors in People UK requiring the Client to do so;

·         if an order is made or a resolution is passed for the Client’s winding up or if an administrator, administrative receiver or receiver is appointed in respect of the Client’s assets or business or any part thereof or if the Client makes any voluntary arrangement with the Client’s creditors or if the Client takes or suffers any similar or analogous action in consequence of debt.

 

Termination of this Agreement shall not affect Investor in People UK’s accrued rights arising in any way out of this Agreement.

 

 

Entire Agreement

 

This Agreement constitutes the entire agreement and understanding between Investors in People UK, IQC and the Client and supersedes all prior oral or written understandings, arrangements, representations or agreements between Investors in People, IQC and the Client relating to the subject matter of this Agreement.

 

Governing Law and Jurisdiction

 

This Agreement shall be construed in accordance with the laws of England and the Client hereby agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.