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Preamble
The purpose of these Standards of Practice is to establish and define a set
of standards of practice which will guide and direct all members of the IWA
as each pursues his or her Web profession. It is incumbent upon all members
to provide their services in a manner which instils a strong sense of trust
and confidence between themselves and their employers, clients, peers and
all members of the general public. Professional competence, character, integrity,
fairness, commitment, and trustfulness provide the foundation for the establishing
and maintaining of all professional relationships. Therefore all members should
dedicate themselves to a course of conduct which manifests respects, confidence
and trust on the part of the general public and all users of Web services.
Standard One: Quality of Service
Quality of Service is an expectation
and demand of all members. A member's quality of service is an outgrowth of
technical competence, personal character, responsive and informative communication;
and appropriate care of property.
Interpretation:
1. Technical competence is knowledge and
the appropriate skilful application of knowledge.
a) Knowledge is possessing an informed
understanding of the subject matter of a member's field of practice or
employment, based on education and experience. Because technical competence
is not static, continuing education, both formal and informal, is necessary
to maintain and improve a member's knowledge and understanding.
b) Skilfulness is the appropriate application
of knowledge. It is the focusing of one's knowledge in the most effective
manner resulting in diligently and thoroughly completed services. It includes
the ability to recognise and acknowledge the need to obtain additional
qualified assistance and or expertise when necessary.
2. Personal character is a quality which
is demonstrated through trustworthiness, truthfulness and professional conduct.
It demands full disclosure of all pertinent information, data and records.
It is manifested through providing services with the highest degree of integrity.
3. Communication must be responsive, informative
and accurate. Communication includes, but is not limited to timely responses
to inquiries from others in an appropriate and needful manner; keeping of
appointments; complying with client and employer requests for information;
periodic updates to the client or employer on project progress, and informing
the client or employer when deadlines will not be met.
4. A client's or employer's property entrusted
to a member creates a fiduciary relationship which means that detailed and
accurate records are kept and property is not commingled or used personally.
Standard Two:
Full Disclosure
Full disclosure of all pertinent information
requires, without reservation, disclosure to the client, employer or public,
all relevant information a member possess with regard to the member's employment.
Interpretation:
1. Full disclosure to the client/employer
means disclosure of:
a) Conflicts of interests (including,
but not limited to such items as personal, financial, emotional, employment;
prior or current, or others.)
b) Lack of competence/experience.
2. Full disclosure to the public with whom
the member has business means disclosure of:
a) All pertinent project information (e.g.,
nature of project, rights acquired and rights retained, project schedule,
basis of payments);
b) All statutory and equitable rights
available.
3. Full disclosure does not include privileged
information, except when required to do so by due process of law.
Standard
Three: Fair and Reasonable rates
A member of the Association shall at all times
charge fair and reasonable fees commensurate with the service being provided
and fully disclose the amount of such fees prior to the time the service is
to be provided. At no time shall the member accept remuneration from more than
one party for services rendered without full knowledge and written agreement
of all parties involved. All fees charged for services shall be in accordance
with applicable statutory provisions and/or local established rules and customs.
A fee is fair and reasonable if it is one which can be justified in the light
of all pertinent circumstances, including the factors mentioned herein.
Interpretation:
1. The member should assure written contractual
relationships in all matters in order to avoid any misunderstanding and
to assure a better service to the member's client(s).
(a) The member, for the protection of
all parties with whom the member transacts business, should assure that
all financial obligations and commitments are in writing, prior to the
beginning of work, expressing the exact agreement of the parties; and
that copies of such agreements, at the time of execution are placed in
the hands of all parties to the agreement, and shall be dealt with in
accordance with the instructions of the parties involved. A member shall
not receive directly or indirectly any rebate, fee, commission, discount
or any other benefit without the full knowledge and prior written consent
of all parties.
(b) The fiduciary relationship between
the member and the member's client requires full disclosure in all financial
matters between them and prohibits the acceptance by the member of any
hidden fees.
(c) No fee, reward, costs, commission,
interest, rebate, agency or forwarding allowance or other compensation
whatsoever related to professional employment maybe taken by the member
from anyone other than the client without full disclosure to and the consent
of the client and, where the member's fees are being paid by someone other
than the client(s), the consent of such other person.
(d) The entering into an agreement with
the client imposes upon the member of the Association an obligation of
rendering a skilled and conscientious service. When the member is unable
to render such service alone, it is incumbent upon the member to obtain
assistance from another person having the appropriate expertise and qualifications.
The member should not engage, recommend or suggest the use of services
of any other organisation or business without prior disclosure to the
client. The member shall not accept any rebate or profit on expenditures,
made on behalf of the client without the client's written consent and
knowledge. A member must render a proper accounting to the client with
respect to direct or indirect costs relating to additional services.
i. A member shall not provide service
where the member's level of expertise is not on a level that could be
reasonable required under the circumstances. Where services are required
in such areas and the member does not have the appropriate level of
expertise, such services should not be provided without the aid of another
person who is properly qualified in the area of activity being contemplated.
ii. The member shall not recommend or
suggest to a client or a third party the use of services of any other
organisation or business in which the member has a direct or indirect
interest, without disclosing such interest, in writing, at the time
of the recommendation or suggestion.
iii. The member must be alert to recognise
his lack of competence for a particular task and the disservice he would
do his client if he undertook that task. The member must either decline
to act or shall retain, consult or collaborate in that field, or refer
the client to an individual who is competent in that field.
2. A fair and reasonable fee will depend
upon and reflect such factors as;
(a) The time and effort required and spent;
(b) the difficulty and importance of the
matter;
(c) the likelihood that the acceptance
of the particular employment will preclude other employment by the member;
(d) the fee customarily charged in the
locality for similar services by individuals with similar credentials;
(e) the amount involved and the results
obtained; (f) the time limitations imposed by the employer, client, or
by the circumstances;
(g) the nature and length of the professional
relationship with the client or employer;
(h) the experience, reputation, and ability
of the member performing the service;
(i) whether the fee is fixed or contingent;
(j) the informed consent of the client or employer to the fee or employment
agreement;
(k) fees authorised by statute or regulation;
(l) the member should not attempt to set
fees for services to be offered by suggesting or implying directly or
indirectly, that the level of fees being suggested is based on direction
from the Association, Institute, Society or Council to which a Member
also belongs;
(m) A member should be ready to explain
the basis for his charges (especially if the client is unsophisticated
or uninformed as to the proper basis and measurement for fees).
3. The member should avoid controversy with
his client respecting fees, Controversy and misunderstandings respecting
fees and financial matters bring the member's profession into disrepute.
He should give the client a fair estimate of fees and disbursements, pointing
out any uncertainties involved so that the client may be able to make informed
decisions.
4. Nothing herein shall be construed as
prohibiting any gratuity, gift, or similar item which may otherwise be permitted
by rules, regulations, or policies established by the member's employer
and/or client.
Standard Four:
Confidential Information
A member shall hold in strict confidence all
information provided in confidence by a client or person requesting confidentiality.
In addition to the member's fiduciary obligation to the client, member shall
at all times exercise loyalty to the interests of the client with respect to
confidential information and shall not engage in any activity which could be
reasonably construed as contrary to the best interests of the client. The members
shall not use confidential information for personal purposes or personal gain.
The member shall not disclose to a third party any confidential or proprietary
information concerning the client's business or personal affairs unless the
disclosure is required or compelled by law or regulations. All obligations and
duties of the member to clients, firms and employers shall also apply to relationships
with former clients and former firms and employers. The member shall act in
a professional manner when, for whatever reason, relationships are terminated
between the member and clients.
Interpretation:
1. The member has a duty to hold in strict
confidence all information acquired in the course of the professional relationship
concerning the business and affairs of the client, and the member should
not divulge any information unless he(she) is expressly authorised by the
member's client(s) or as required by law, to do so.
2. The member owes the duty of confidentiality
to every client without exception, regardless of whether he is continuing
or casual client. The duty survives the professional relationship and continues
indefinitely after the member has ceased to act for the client whether or
not differences may have arisen between them.
3. The member cannot render effective professional
service unless there is full and unreserved communication between the member
and his(her) client. At the same time the client(s) must feel completely
secure and he(she) is entitled to process on the basis that, without any
express request or stipulation on his(her) part, matters disclosed to or
discussed with a member will be held confidential.
4. Disclosure by the member may also be
permitted or required in order to defend himself(herself) or the member's
associates or employees against any allegation of malpractice or misconduct,
or in legal proceedings to establish or collect the member's fee, but only
to the extent necessary for such purposes.
5. The relationship between the member and
the member's client(s) forbids that the member use any confidential information
for the benefit of himself(herself) or a third person or to the disadvantage
of the member's client(s).
Standard
Five: Advertising and Promotional Practices
Members shall only use those advertising and
promotional practices which fairly and accurately inform prospective clients
and the public of the member's services, qualifications, credentials, and other
relevant professional information.
Interpretation:
1. Members shall use the Association's logos,
emblems, designations, and registered trademarks only in accordance with
the Association's guidelines.
2. The International Webmasters Association's
name, designations (CM), (CCW), (CWD), (CWA) and emblems are the sole property
of the Association.
3. Without specific authorisation, members
shall refrain from using the Association's logos, emblems, designations
or registered trademarks in a manner which could be construed as representing
the Association or acting or speaking on behalf of the Association.
Interpretation:
1. A member's advertising and promotional
practices shall fairly and accurately reflect the member's professional
and educational qualifications, experience, professional designation(s)
and areas of specialisation.
2. Resumes and statement of qualification
should only be presented in a manner that is positive, factual and not misleading.
3. The SIWA designation may be used only
by those members upon whom it has been conferred by the Association.
4. All advertising and promotional practices
shall be in good taste and shall not offend or be contrary to the public
or the Association.
5. All advertising and promotional practices
shall not create unrealistic expectations in clients or the public.
Standard
Six: Laws and Conduct of Business
A member shall abide by all laws, rules, regulations,
certification and licensing requirements applicable to his or her profession.
All business or professional practices shall be in strict accordance with all
applicable laws, rules, professional standards, and regulations governing the
member's business, practice or profession.
Interpretation: Compliance with all laws,
regulations, rules, certification and licensing requirements shall also
include the following:
1. In hiring or performing services members
shall follow non-discriminatory practices without regard to race, creed,
sex, national origin or other legally protected classes.
2. Members shall co-operate fully with the
Association in the enforcement of its rules and regulations.
Standard Seven:
Good Citizenship
Members shall conduct themselves in their daily
lives in a manner which looks beyond self or corporate interest to the interest
of others and society as a whole, not just the avoidance of harm.
Interpretation:
1. As a minimum members shall avoid conduct
involving moral turpitude, dishonesty, fraud or misrepresentation.
2. A member shall at all times conduct
his or her business and personal activities with knowledge of and in conformance
with the highest moral and ethical standards consistent with membership
in and the purposes of the International Webmasters Association. .
Standard
Eight: Relationships: Employee / Employer Client / Former Client
A member has a duty of loyalty and allegiance
to his or her client/employer so long as such does not result in the breach
of the Code of Ethics of the International Webmasters Association.
Interpretation:
1. A member shall always act within the
scope of his or her employment.
2. Disclosure of confidential information
obtained during the course of his(her) employment may be controlled by employment
contracts, covenants not to compete as part of the sale of a business and/or
the subsequent publication of previously confidential information. The member
shall always use the utmost discretion when disclosing previously confidential
information to a third person.
3. A member shall disclose all dual employment
which may cause a conflict with the member's primary employment or when
the member's employer requires such disclosure. .
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