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SEWM CIC Membership: Terms and Conditions of Service
DEFINITIONS
“This Agreement” means the Terms and Conditions of Membership detailed here and as amended by Us from time to time.
“Commencement Date” means the date upon which any element of the Membership Package is first provided to you, as determined by Us.
“Membership Benefits” means the products and services offered by Us to You at the time of your application, determined by Your choice of Membership package.
“Membership Fee” means the sum payable by You to Us in return for the receipt of Membership Benefits determined by your choice of Membership Package.
“Membership Package” means the Products and Services advertised by us under the titles “Get Informed”, “Get Connected” and “Get Noticed”, or other offerings as amended by us from time to time.
“Our Website” means http://www.socialenterprisewm.org.uk
“Social Enterprise West Midlands”, “SEWM”, “Us” or “We” means SEWM CIC (Community Interest Company Registration Number 07534899) having our registered office at SEWM CIC, Trident Training Centre, 1 Rake Way, Birmingham B15 1EG. “Our” will be interpreted accordingly.
“Term” means 12 (twelve) months from the Commencement Date unless terminated under the provisions in This Agreement.
“Trading Activity” means the delivery of products or services in return for payment other than grant income.
“You” or “Member” means a person or organisation who has been accepted as a member of Social Enterprise West Midlands or any employee of the Member, including any person We reasonably believe is acting with that Member’s authority.
“Your” will be interpreted accordingly.
1. Membership Categories
1.1 Anyone with an interest in social enterprise can apply to become a member of Social Enterprise West Midlands – individuals, businesses, voluntary groups, public sector organisations and others.
1.2 You can apply to become a member by completing an Application Form in any format supplied by us at the time of your Application.
1.3 There are two categories of membership; Social Enterprise and Associate Member. For the purposes of membership of Social Enterprise West Midlands a Social Enterprise is defined as:
1.3.1 A legally incorporated non-profit distributing business with a declared social or environmental purpose earning at least 50% of turnover through trading activity OR
1.3.2 An organisation working towards fulfilling this definition within 12 months.
1.4 If you register for membership under the wrong category or do not provide the appropriate details for us to verify your category, we reserve the right to amend the category of your membership.
2. Your details
2.1 We will not be held responsible or liable for any consequence of displaying incorrect information pertaining to any individual or organisation under any circumstances.
2.2 Subject to paragraph 2.1 you may amend the details you have supplied to us by contacting us through our website, advertised phone number or email address for membership, all of which will be advertised prominently on our website, and we will use our best endeavours to correct any incorrect information displayed in a format which is under our reasonable control in a timely fashion.
3. Changes to Membership Benefits
3.1 We reserve the right to amend Membership Benefits at any time at our sole discretion.
3.2 We will endeavour to replace any withdrawn Membership Benefit with another which in our reasonable opinion confers a comparable benefit to the member.
3.3 In the event of a Membership Package, Benefit or Benefits being withdrawn and our not being able to offer a product or service which is in our reasonable opinion of an equivalent standard we may, at our sole discretion, either:
1. Accept a Termination Notice from You and offer a refund of any Membership Fee paid in accordance with the remaining duration of the period of membership. Please note after six months of membership no reimbursement is due.
or
2. Transfer your Membership Package, Benefit or Benefits at an equivalent or comparable value to another organisation with similar objects, incurring no further cost to You, for the duration of your original membership term with SEWM.
4. Our obligations
Social Enterprise West Midlands will:
4.1 Use all reasonable efforts to provide You with your Membership Benefits by the date We advise You, though We do not guarantee that the benefits will commence on that date.
4.2 Use all reasonable efforts to ensure the Membership Benefits continue to be provided throughout the term of Your Agreement, though We do not guarantee the availability of such. Please refer to 3.3.
4.3 Use all reasonable care and skill to provide You with a high quality service.
4.4 Use all reasonable efforts to maintain accurate records so as to ensure accurate billing.
4.5 We will treat all Members equally and endeavour to provide the same quality of Service to each Member, subject only to variations in Membership Benefits determined by your Membership Category and the Membership Package chosen by You.
5. Customer Service
5.1 We are committed to providing a high standard of customer service to our members and other parties interested in Social Enterprise. We will endeavour to be polite, courteous, responsive, informative and helpful at all times. We will welcome your comments and suggestions.
6. Payment
6.1 Unless We explicitly offer You alternative payment terms, which we reserve the right to do solely at our discretion, Payment must be made in full for the Term described us before you access any Member Benefits.
6.2 If you cancel any payment made to us you must inform us and may not access any Member Benefits until payment is made in full.
7. Duration and cancellation
7.1 Membership will last for 12 months from the Commencement Date and may not be cancelled by either party except as detailed in This Agreement.
7.2 You may cancel your membership within 21 days of the Commencement Date by informing Us in writing. There will be a £25 administration fee if you cancel after 21 days.
7.3 We may cancel your membership immediately at our reasonable discretion or if You breach any of your obligations under these terms and conditions, including failure to make any payment to Us when due.
7.4 You can upgrade your membership package at any time during the membership term. A new 12 month contract would commence, with any remaining payment to SEWM for services not used carried forward.
8. Complaints
8.1 If You have a complaint or query regarding any aspect of your membership including billing, contact Us by phone, email or letter including the nature of your complaint and your contact details.
8.2 We will endeavour to respond to any complaint within 14 days of receipt.
9. Data Protection
9.1 We operate in accordance with the Data Protection Act 1998 as updated or amended from time to time.
10. Limitation of Liability
10.1 Your sole right and exclusive remedy and our exclusive liability in the event of any breach of these Terms, or if You are dissatisfied for any reason with the Service or any guidelines or policies, is to require the cessation of the Service and to recover your direct damages up to a maximum of the amount You have paid for the Service during the period from the date of commencement of the Term to the date of termination.
10.2 We shall not have any other liability whatsoever to You and shall not be liable for any misrepresentation (save where fraudulent) or be liable in contract tort or otherwise for any indirect or consequential loss, loss of revenue, loss of profits, loss of business or goodwill, loss or damage due to corruption of data, loss of opportunity, howsoever caused, which arises out of or in relation to these Terms and Conditions and/or the provision of the Service.
11. General Information
11.1 We advise you to print a copy of these Terms and Conditions for your information in the future.
11.2 Any contract between Us shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any dispute. All dealings, correspondence and contact between Us shall be made or conducted in the English language.
11.3 These Terms and Conditions are subject to change. The most current version will always be on our website. We advise you to check these from time to time.
Last revised 25 April 2012
