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
instills 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:
- Technical competence is knowledge and the
appropriate skillful 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) Skillfulness 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 recognize and acknowledge the need to obtain
additional qualified assistance and or expertise when necessary.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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:
- 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 organization 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.
(e) 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.
(f) The member shall not recommend or suggest to a
client or a third party the use of services of any other organization 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.
(g) The member must be alert to recognize 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.
- 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 authorized 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).
- 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.
- 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:
- 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 authorized by the
member's client(s) or as required by law, to do so.
- 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.
- 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.
- 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.
- 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:
- Members shall use the Association's logos,
emblems, designations, and registered trademarks only
in accordance with the Association's guidelines.
- The International Webmasters Association's name,
designation Certificated Web Professional
(CWP)
and emblems are the sole property of the Association.
- Without specific authorization, 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:
- 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 specialization.
- Resumes and statement of qualification should only
be presented in a manner that is positive, factual and not misleading.
- The SIWA designation may be used only by those
members upon whom it has been conferred by the Association.
- All advertising and promotional practices shall be
in good taste and shall not offend or be contrary to the public or the
Association.
- All advertising and promotional practices shall
not create unrealistic expectations in clients or the public.
Standards 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:
- In hiring or performing services members shall
follow non-discriminatory practices without regard to race, creed, sex,
national origin or other legally protected classes.
- Members shall cooperate fully with the Association
in the enforcement of its rules and regulations.
Standards 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:
- As a minimum members shall avoid conduct involving
moral turpitude, dishonesty, fraud or misrepresentation.
- 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.
Standards 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:
- A member shall always act within the scope of his
or her employment.
- 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.
- 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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