Schedule 3 - Additional Scheme Provisions

1.1 The Scheme Supplier shall perform the Certification Services in accordance with the Service Standards. 

1.2 The Scheme Supplier shall provide the Certification Services in accordance with the Scheme Documentation and the provisions of the relevant Supplier Agreement. 

1.3 The Scheme Supplier shall only be entitled to provide Certification Services: 

1.3.1 from the date on which it is appointed by IASME to provide Certification Services (and in accordance with that appointment);  

1.3.2 until the date on which the first of the following events occurs: 

1.3.2.1 the expiry or earlier termination of the Supplier Agreement between IASME and the Scheme Supplier; or 

1.3.2.2 the Scheme Supplier appointment in respect of Certification Services is suspended or revoked.  

1.4 Changes to the Scheme and Termination: The Scheme Supplier acknowledges that IASME may at any time: 

i. change the Scheme; 

ii. incorporate any improvement or change to the Scheme Documentation; or 

iii. terminate the whole or any part of the Scheme, 

and that, in such event, IASME shall be entitled to terminate or make appropriate amendments to the Supplier Agreement. 

1.5 IASME acting on its behalf, will give Scheme Suppliers notice of such changes or termination (together with copies of any updated or new Scheme Documentation), together with the date such changes or termination are to take effect ("Relevant Date"), as soon as reasonably practicable (having regard to the circumstances) in advance of the Relevant Date. 

1.6 Scheme Suppliers will not be required to comply with any changes of which they have not been notified, but where any Certification Services will not have been concluded as at the Relevant Date, IASME reserves the right to require the Scheme Supplier to restart or modify the relevant Certification Services on the basis of the modified form of the Scheme as will be in place with effect from the Relevant Date. Where that is the case  IASME acting on its behalf, will prior to the Relevant Date consult with the affected Scheme Suppliers and provide reasons for its decision, save where the decision is related to national security.

1.7 Limited rights: Apart from the limited rights described in the Supplier Agreement, the  Scheme Supplier acknowledges that neither it nor any person to whom IPR or Confidential Information owned by  IASME is disclosed shall be entitled to any right or licence in respect of such IPR or Confidential Information. 

1.8 Management Information: the Scheme Supplier shall provide to IASME the Management Information, including details of any applications by Organisations for review of a decision by IASME to refuse permission to use a Certification Mark. 

1.9 Staff: the Scheme Supplier shall ensure that the Scheme Services are at all times supplied and rendered by a sufficient number of appropriately experienced, qualified, competent, professional and trained staff, with all due skill, care and diligence, in a first-class professional manner and in accordance with Good Industry Practice and the other provisions of this Agreement. 

1.10 Computer Misuse Act 1990: the Scheme Supplier shall comply with the Computer Misuse Act 1990 in undertaking the Certification Services regardless of geographic location.  

2.1 The Scheme Supplier acknowledges that IASME may enforce the Scheme (including the Scheme Documentation) against it and any other Scheme Supplier that fails to comply with it. The steps to be taken by IASME may include, where appropriate, : 

2.1.1 requiring the Scheme Supplier to take certain action or refrain from taking certain action; 

2.1.2 requiring the Scheme Supplier to cease using certain marketing or other materials or to cease making certain statements, including where IASME believes, at its sole and absolute discretion, such materials or statements are misleading or misrepresentative, or bring, or are likely to bring, the Scheme into disrepute; and/or 

2.1.3 revoking the appointment of a Scheme Supplier as a Certifying Body. 

2.1.4 The Scheme Supplier shall not seek to take or take any action against IASME insofar as and to IASME is exercising its rights or obligations under this clause 2. 

3.1 Scheme IPR: IASME hereby grants to the Scheme Supplier a non-exclusive, royalty-free, non-assignable, revocable licence during the Term of the Supplier Agreement to use IASME Background IPR and the Scheme IPR solely and to the extent necessary for the performance of the Certification Services and/or the Scheme Supplier's performance of its other obligations under the Supplier Agreement. 

3.2 Scheme Logo: IASME grants to the Scheme Supplier a non-exclusive, royalty-free, revocable, non-assignable, licence during the Term of the Supplier Agreement to use the Scheme Logo in the United Kingdom solely in relation to the Permitted Activities set out in Part A of Schedule 7 (Trade Marks and Certification Marks), provided that: 

3.2.1 the Scheme Supplier shall observe the Branding Guidelines relating to the Scheme Logo and any directions by or instructions of IASME from time to time;  

3.2.2 the Scheme Supplier shall not sub-license the Scheme Logo; the Scheme Supplier's right to use the Scheme Logo shall terminate automatically if its appointment as a Certifying Body or an Advisory Body has lapsed or been withdrawn or terminated for whatever reason; and 

3.2.3 the Scheme Supplier shall use the Scheme Logo on all certificates issued to an Organisation and any literature, documentation, advertising, and publicity material used in connection with the Scheme. 

3.3 Certification Marks: the Scheme Supplier shall: 

3.3.1 permit and supervise (including undertaking monitoring activities) use of the Scheme Certification Mark by Organisations in accordance with the Scheme Trade Mark Regulations; and/or 

3.3.2 permit and supervise (including undertaking monitoring activities) use of the Maritime Cyber Baseline Certification Mark by Organisations  

4.1 The Scheme Supplier acknowledges that IASME may at any time during the Term, and for a period of 12 months following the end of the Term, monitor and review the provision of the Certification by the Scheme Supplier and other activities relating to the Scheme. Such monitoring and review activities may include observing the Scheme Supplier whilst it carries out its certification activities and reviewing the output of the Scheme Supplier’s certification activities. 

5.1 From (i) one month before the expected date of expiry of the Supplier Agreement or (ii) the date of earlier termination of the Supplier Agreement (for whatever reason), the Scheme Supplier shall not enter into any further contracts with Organisations for Certification Services, provided that the Scheme Supplier shall be entitled to complete any Certification Services in relation to any contracts entered into with Organisations for Certification Services prior to such date.  

6.1 Confidentiality: The Scheme Supplier shall treat any Confidential Information of any other Scheme Party as confidential and safeguard it accordingly, and at least to the same standard as it would safeguard any confidential information relating to its own business, and in accordance with Good Industry Practice, and shall not further disclose any Confidential Information of any other Scheme Party, except for the purposes of developing, implementing, managing, or operating the Scheme. 

6.2 Disclosure: In the event that information that is considered to be commercially sensitive is disclosed, the disclosing Scheme Supplier shall clearly state (at the time of such disclosure) what information being imparted by them is considered to be commercially sensitive and this shall be identified as such in the written record of the relevant meeting. 

6.3 Confidence: Any information that is commercially sensitive and is disclosed shall be treated in confidence by the recipient who shall not disclose any commercially sensitive information to any third party without the prior written consent of the disclosing Scheme Supplier 

6.4 No endorsement: The Scheme Supplier acknowledges that the Scheme Documentation and all other aspects of the Scheme are provided by IASME without any endorsement and without representation or warranty of any kind, whether express or implied, including in respect of accuracy, completeness, reasonableness, adequacy, integrity, content, quality, reliability, or fitness for purpose of all or any part of it. 

6.5 No liability: The Scheme Supplier acknowledges and accepts that    IASME cannot accept any liability whatsoever for any loss or damage suffered or costs incurred by any Scheme Supplier or other person as a result of, or arising from, the disclosure or use of any Confidential Information or IPR, or otherwise of any of the Scheme Documentation, or any other aspect of the Scheme.