Terms and conditions for conformance certification contracts

 Terms & Conditions that apply to all TM Forum 

Conformance Certification Contracts

Last updated May 30, 2025

1. ENTIRE AGREEMENT. These terms and conditions (the “Terms and Conditions”) are incorporated into and form an integral part of the agreement to which they apply (the “Contract”), and together constitute the entire agreement between you and TM Forum, a New Jersey Non Profit Corporation (“TM Forum,” “we,” “our,” or “us”) (each a "Party" and together the "Parties").
2. DEFINITIONS. The defined terms used in these Terms and Conditions are set forth in Appendix A: Definitions.
3. TERMINATION; COMPLETION TIMELINE.
   3. Termination. Payment for all Conformance Certification services is required upfront and is non-refundable. If you choose to terminate the contract at any time after payment, TM Forum will not issue any refunds.
   4. Completion Timeline. All conformance certification(s) under this Contract must be completed within twelve (12) months from the Effective Date of the Contract. The payment obligations under this Contract shall remain unaffected by this timeline requirement.
4. ROLES AND RESPONSIBILITIES; DELIVERABLES. The Parties' respective roles and responsibilities and the deliverables are set forth in Appendix B: Conformance Overview.
5. TRADEMARK USE.
   4. You hereby grant TM Forum a limited, non-exclusive, worldwide, royalty-free license to use your company name and trademarks for the purpose of displaying your Conformance Certification on TM Forum's website.
   5. Provided that you meet the qualifications for certification and your use conforms with the requirements set forth in the Code of Practice and Right of Usage found at Appendix C, TM Forum grants to you a limited, non-exclusive, worldwide, royalty-free license to use the TM Forum Certification badge for the purpose of promoting conformance of your Assessment Artefact on your website, product brochures, and marketing materials for the Assessment Artefact.
   6. Neither Party will acquire any ownership rights in the other Party's marks. All goodwill from one Party's use of the other Party's marks will benefit the mark holder exclusively.
   7. Each Party represents that its trademark graphics comply with brand guidelines and do not infringe any third-party rights.
   8. CONFIDENTIALITY. Neither Party shall disclose any Confidential Information of the disclosing Party to any third party without the disclosing Party's prior written authorization.
6. FORCE MAJEURE.
   5. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond a party's reasonable control, including but not limited to: strikes or other industry disputes, acts of God, fire, flood, earthquake, volcanic activity, war, riots, pandemics, government actions, or other similar circumstances. If a Force Majeure Event prevents or delays the delivery of Conformance Certification, then:
      5. The affected party shall promptly notify the other party in writing of the Force Majeure Event and its expected duration;
      6. The delivery deadline shall be automatically extended for the duration of the Force Majeure Event; and
      7. If the Force Majeure Event continues for more than sixty (60) days, you may terminate this Agreement by written notice to TM Forum. Upon such termination, TM Forum shall refund you a pro-rata portion of the fees paid under this Agreement corresponding to the uncompleted certifications or services at the time of termination, and shall retain the remainder as compensation for completed services and administrative costs incurred.
7. LIMITATIONS OF LIABILITY; DISCLAIMER OF WARRANTIES. 
   6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO TM FORUM UNDER THIS CONTRACT.
   7. The certification and services are provided "AS IS" and TM Forum makes no warranties, express or implied, regarding the certification or compliance of your product with any frameworks or standards. TM Forum expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. 
   8. TM Forum disclaims any liability or responsibility for any inconvenience, damage or other effect by reason of the failure to meet the dates set forth in an Assessment Timeframe or Project Plan
8. MISCELLANEOUS.
   7. Assignment. You may not assign this Contract or your rights and obligations without TM Forum's prior written consent, which shall not be unreasonably withheld.
   8. Updates. TM Forum may update these terms at any time. Any changes will only apply to contracts executed after the date the changes are posted on our website. For existing contracts, the terms that were in effect at the time of contract execution will continue to apply. You are responsible for retaining a copy of the terms that were in effect when you executed your contract.
   9. Severability. Should a court of competent jurisdiction declare any portion of this Contract invalid or unenforceable, the remaining portions of this Contract not invalidated shall govern and bind the parties and be construed as if the invalidated portions were not originally included in this Contract.
9. GOVERNING LAW AND DISPUTE RESOLUTION. Disputes will be resolved through arbitration in New Jersey under American Arbitration Association rules. The agreement is governed by New Jersey laws. Equitable relief may be sought in New Jersey courts.

APPENDIX A: DEFINITIONS

 The following definitions apply throughout these Terms and Conditions and the Conformance services:

1. Assessment Artefact: the product, solution, or real-world implementation that you are submitting for assessment.
2. Assessment Report Publication Date: the date when the final assessment report is published on the TM Forum website (subject to approval), as defined in the Project Plan.
3. Assessment Timeframe: the period during which the Conformance Assessment will be carried out, which must be completed within twelve (12) months from the Effective Date of the Contract.
4. Standards Versions: versions of the Business Process Framework, Information Framework, Open API Standards, and ODA Component Standards against which the assessment will be completed.
5. Evidence: proof provided to the TM Forum as a result of a self-assessment that an Assessment Artefact conforms to the required frameworks or standards.
6. Project Plan (for eTOM and SID): the plan for the assessment, which contains the following:
7. The assessment team, including both Parties' staff and their assigned roles;
8. The list of artefacts to be assessed, including both process elements and aggregate business entities; 
9. The package definition of the artefacts that are being assessed;
10. The package delivery dates to TM Forum;
11. Completion date of the primary reviews of the packages;
12. Completion date of the secondary reviews of the packages;
13. Completion date of the final review of the packages (including updates to the report, score generation and comments completed); and

Final report generation date for each package.

7. Project Plan Approval Date: date when the Project Plan for the Conformance Assessment is approved by the Parties via email.

APPENDIX B: CONFORMANCE OVERVIEW

1. Conformance Overview.

TM Forum’s Certified Conformance Assessment ratifies your company's self-assessment of conformance to the TM Forum frameworks or standards. 

Upon receipt of Conformance Certification, your company can claim conformance to the specified areas of TM Forum frameworks or standards.

2. Conformance Deliverables.

• TM Forum support as defined in the scope of the assessment.
• The Project Plan for the assessment (eTOM and SID only).
• Access to a TM Forum Subject Matter Expert (“SME”) to support the assessment, dependent on the support package scope as agreed by the Parties.
• An agreed final assessment report.
• The publication of the assessment results on the TM Forum website.
• The use of the TM Forum Certification badge for certified artefacts.

• A TM Forum Conformance Certificate.

3. Package Outline Conformance Certification. The following will be agreed by the Parties:
4. The Assessment Artefact(s) that are the subject of the Conformance Certification.
5. The scope of the assessment.
6. The standard against which the Conformance Certification will be awarded. 
7. The Assessment Timeframe.

4. TM Forum Support. Includes the following:
   • Marketing support.
     1. For eTOM and SID:
        • A quote from a TM Forum senior executive for use on your product website, product brochures, and marketing materials to promote certification of the Assessment Artefact.
        • Review of your company's Conformance Assessment press release, required by TM Forum.
     2. For APIs:
        • Listing of Conformance Certification(s) on the TM Forum website
        • Use of Open API conformance badges and other marketing promotion as defined by TM Forum’s then current promotional packages
   • Project and SME support.
     1. For eTOM and SID, a SME will be available for reasonable consultation via email and pre-arranged conference calls during the assessment period.  The TM Forum SME can provide advice on the assessment process and content of the submission documentation.
     2. For Open APIs, up to four hours of technical support is available per API.

5. Project Management (eTOM and SID only)

Once the Project Plan has been approved, you must complete all required actions by the dates specified in the Project Plan.

If the report is approved within the required timeframe, it will be published on the TM Forum website, unless you specifically request otherwise.

The conformance level awarded shall be determined by the TM Forum SME and reviewed by TM Forum Conformance Team, whose decision shall be final and binding upon the Parties.

The conformance certification will be considered complete when TM Forum completes the Conformance Report, or the Assessment Timeframe has expired.

Upon completion of the Conformance Assessment, you may choose not to publish the results. If you make this choice, you must inform TM Forum in writing. In this case, you will NOT: (i) Have your results published on the TM Forum Conformance results website; or (ii) Receive press release materials.

6. Evidence.

If you do not provide complete Evidence, TM Forum will prepare the final report scoring using only the Evidence available. It is your responsibility to provide all Evidence within the agreed timeframe. The assessment will be considered complete once the final report is issued.

If you fail to provide any Evidence within the required project timeframe, no report will be published, the assessment will be deemed complete, and you will be required to pay the full contract invoice amount.

If you wish to submit additional Evidence after the assessment to update the results, this will require a separate Conformance Contract.

All Evidence and information you disclose to TM Forum will be used solely for purposes of the Conformance Certification and will not be disclosed to any third party or used for any other purpose.

7. Changes to the Assessment Artefact or Company Name.

The Conformance Certificate and TM Forum Certification badge are awarded to the Assessment Artefact. You may change the name of the Assessment Artefact or company name provided that written notice is provided to the TM Forum 30 (thirty) days in advance of any such change. 

TM Forum will update its website and certifications awarded table to reflect any name changes to Assessment Artefacts. Historical assessment reports will maintain the original Assessment Artefact and company name as they existed at the time of assessment.

8. Roles and Responsibilities of Certification Contacts.
   • TM Forum Contacts. TM Forum will appoint appropriate contact points and provide information and support to your staff during the certification process.
     1. TM Forum SME. Based on the agreed scope, TM Forum will assign a SME available for consultation via email and scheduled calls during your self-assessment period. The SME will advise on the assessment process and your submission documentation and will ultimately assess the Evidence provided, generate the assessment report if applicable, and determine the final assessment score. A part-time secondary SME will verify the assessment's objectivity.
   • Company Contacts. Appointed individuals should have appropriate knowledge of the relevant frameworks or standards and be capable of performing the mapping with minimal TM Forum assistance.
     1. Certification Coordinator. The main contact for coordinating the certification process. Duties include agreeing on process scope, setting assessment timeframes, and signing off on the final assessment.
     2. Certification Contact (Technical). The main point of contact for technical information and discussions pertaining to Conformance Certification.
     3. Billing/Payment Information Contact. To receive invoices.

9. Recertification. The conformance of the Assessment Artefact against the applicable standard remains in place permanently.

If changes and functionality updates have been made to the Assessment Artefact or the Standard has been updated, you may choose to recertify to extend the certification. Certification extension will focus on those areas that have changed, in terms of both the Assessment Artefact and/or the applicable standard.

In the case of recertification for eTOM and SID, TM Forum requires that a sample reassessment of the original certification scope takes place, covering the appropriate area of the frameworks or standards as agreed.

The scope of the reassessment differs for each area to be reassessed and is defined as:

• For Information Framework (SID) and Business Process Framework (eTOM): 15% of the original assessment scope or a minimum of 10 Business Processes and / or 10 Information Framework Aggregate Business Entities, whichever is greater. The chosen subset of the processes and aggregate business entities will be mutually agreed upon by the Parties at the Project planning stage.
• For Open APIs: the reassessment can be either a single API or a bundle / suite of APIs as agreed by the Partes. The whole API will need to be reassessed; partial reassessment is not supported.

Those processes and aggregate business entities that have changed as a result of Assessment Artefact changes must be defined by you and specifically listed in the scope of the Contract.

Those processes and aggregate business entities that have changed as a result of changes in a new version of TM Forum’s frameworks or standards must be defined by TM Forum and specifically listed in the scope of the Contract. Recertification is subject to a separate contract.

APPENDIX C: CODE OF PRACTICE AND RIGHT OF USAGE

TM Forum Conformance Certification is awarded to product solutions and processes. The certification measures how well the item under assessment conforms to TM Forum’s frameworks or standards. 

You will be bound by the following code of practice:

• You will not engage in any activity that may damage TM Forum’s reputation or brands.
• You will not claim certification prior to receiving TM Forum written notification with respect to the product or process that is being certified.
• You will not claim any certification of products, solutions, services, processes, or other assets beyond the specific certification scope set forth in the Contract, except for certifications previously obtained from TM Forum. 
• You will not imply, either directly or by omission, that Conformance Certification represents a TM Forum endorsement of the assessed assets’ quality.
• You will comply with all TM Forum marketing guidelines as set out in the TM Forum Branding Guidelines regarding the use of TM Forum brands and trademarks. TM Forum reserves the right to modify and update these guidelines at its sole discretion.
• Any public announcements that directly quote TM Forum regarding a Conformance Certification result must receive TM Forum’s prior written approval.
• Failure to follow the above requirements will result in immediate removal of Conformance Certification status and revocation of the right to use the TM Forum Certification badge for any and all assets assessed by TM Forum.
• If TM Forum decides to remove the TM Forum Certification badge due to misuse, you will be notified of this decision. You will have four (4) weeks to remedy the situation. If your remedial actions are insufficient after this period, your right to use the TM Certification badge will be withdrawn, and your results will be removed from the TM Forum results website. You have the right to appeal this decision to TM Forum's executive management team. The appeal decision shall be final.