POLICIES
Our Policies
Please find below our Terms and Conditions of membership
Terms and Conditions
1. Definitions and Interpretations
In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:
- “Code of Conduct” means the rules you must agree to abide by, when applying for Membership, additional copies of which are available on the Website;
- “Contract” means the contract formed in accordance with clause 2 which incorporates, and is subject to, the Code of Conduct and these Terms and Conditions;
- “Member/You/Your” means the sole trader, firm or corporate body purchasing the Membership. Where any individual applying for Membership does so on behalf of a business, that individual confirms they have the authority to contractually bind and enter into the Contract on behalf of the business and the business will be the Member in the context of the Contract;
- “Membership” means the annual membership to the Association;
- “Membership Fee” means the annual fee for Membership; and
- “Website” means www.shopfitters.org
1.1. Each reference in these Terms & Conditions to “writing” or “written” includes emails.
1.2 The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation. Words imparting the singular number include the plural and vice versa. References to persons include corporations.
2. Contract Formation
2.1 In order to apply for Membership, you will need to register your interest via our Website. We will send you an application form, which you must complete fully and to the best of your knowledge.
2.2 If you are returning to membership, the NAS approval and vetting process will be undertaken, and an annual membership quotation will be shared with you for acceptance and approval.
2.3 A legally binding Contract will be formed once you have accepted and signed an NAS quotation. The Contract will be subject to these Terms and Conditions. However, submission of your application for Membership is not confirmation of your acceptance as a Member. We will confirm acceptance of your Membership in writing and no Membership Fee will be payable until you have received this confirmation. In the event payment is taken but your application is rejected, the Membership Fee will be refunded to you within 14 days.
2.4 In applying for Membership, you also agree to comply at all times with the Code of Conduct.
2.5 No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless we agree otherwise in writing.
3. Term
3.1 Memberships are for a term of 12 months, running from 1st January to 31st December in each year. However, your first year of Membership will commence from the date the Contract is formed, as set out in clause 2, until 31st December in the then-current year, and your Membership Fee will be calculated pro-rata accordingly.
3.2 Your Membership will continue until the end of the initial term set out in clause 3.1 and then will be automatically renewed and will continue on a rolling 12-month basis unless a written notice to terminate is given by either party no less than 3 months before the end of the current term (i.e. we must receive your termination notice no later than 1st October in the relevant year, or it will automatically renew). We reserve the right to adjust the Membership Fee at the end of each 12-month period and will notify you of this in writing.
4. Membership
4.1 We have various different Membership categories and will detail these, together with the relevant Membership Fee applicable to each category, on the application form and on our Website.
4.2 Certain categories may be subject to additional terms and conditions and if applicable, we will make these additional terms available to you at the application stage.
4.3 We cannot guarantee any income, profit, business, opportunities or success from your Membership, regardless of Membership category.
5. Events and Training
5.1 Certain events, training and advertising opportunities are subject to availability and are payable separately and not included in the Membership Fee. You are required to pay for these in advance, using our chosen third-party payment gateway provider. A separate contractual relationship will be created between you and this third party and we cannot be held responsible for any act or omission of theirs.
5.2 We reserve the right to make changes relating to events and training, such as changing the venue or dates. We will notify you as soon as possible of any change and will seek to keep the arrangements as close to the original as is possible in the circumstances.
5.3 If we cancel any event or training date and it cannot be rescheduled, we will return all sums paid by you for the booked event or training within 14 days.
6. Fees & Payment
6.1 The Membership Fee is payable annually in advance.
6.2 We may offer for you to pay the Membership Fee by way of monthly instalments, by direct debit or standing order, subject to suitable credit checks. We reserve the right to request the balance in full immediately if, for any reason, we are not satisfied of your creditworthiness, or if we so decide at our sole discretion.
6.3 The Membership Fee is non-refundable and non-transferrable.
6.4 All fees are expressed exclusive of VAT, where applicable.
6.5 All payments must be made in pounds sterling without any set-off, withholding or deduction except such amount (if any) of tax as you are required to deduct or withhold by law.
6.6 The time of payment is of the essence of the Contract. If you fail to make any payment to us by the due date then, without prejudice to any statutory right which we may have, we reserve the right to suspend or terminate your Membership at our discretion, and charge you interest at a rate of 8% per annum above the Bank of England base rate from time to time in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest will be calculated cumulatively on a daily basis and will run from day to day and accrue after as well as before any judgment. We may also charge for any costs we may incur in attempting to recover any outstanding debt.
7. Termination
7.1 We will be entitled to terminate your Membership and the Contract immediately in the event that:
- You fail to pay the Membership Fee for a period exceeding 7 days and fail or refuse to do so following the expiry of a written notice from us requesting such payment within 7 days;
- Any information provided by you on the application form changes, or we become aware that it is incorrect; or
- You breach any of the other provisions of these Terms and Conditions and/or the Membership Code of Conduct
7.2 You will be entitled to terminate your Membership and the Contract by giving us a minimum of 3 months’ written notice prior to the expiry of the current Contract term, as set out in clause 3.2.
7.3 Either party has the right to terminate the Contract immediately by giving written notice if the other party goes into bankruptcy or liquidation, either voluntary or compulsory, (except for the purposes of bona fide corporate reconstruction or amalgamation), becomes subject to an administration order (within the meaning of the Insolvency Act 1986), if a receiver is appointed in respect of the whole or any part of its assets, or if the other party ceases, or threatens to cease, to carry on business.
7.4 In the event of termination, we will retain any sums already paid to us by the Member without prejudice to any other rights we may have whether at law or otherwise, and all payments required under the Contract that are not yet paid will become due and immediately payable.
8. Liability and Indemnity
8.1 Except in respect of death or personal injury caused by our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by us, our employees or agents or otherwise) in connection with the performance of our obligations under the Contract.
8.2 All warranties or conditions whether express or implied by law are expressly excluded to the full extent permitted by law.
8.3 In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, shall not exceed the fees and expenses paid by you under the Contract in the preceding 12 month period.
8.4 Any loss or damage to our equipment or to any venue, caused by you or any person attending an event or training on your behalf, must be paid for immediately.
9. Force Majeure:
Neither party will be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storm, earthquake, act of terrorism or war, pandemic, epidemic, governmental action or any other event that is beyond the control of the party in question.
10. Amending These Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. We will notify you of any changes in writing or by posting the new version on our Website. The new version of the Terms and Conditions will apply at the time you are notified of them as set out in this clause 10.
11. Other Important Terms
11.1 Each party agrees to keep in strict confidence all information of a confidential nature which may have been disclosed by one party to the other, during the term of the Contract and for 1 year after its termination or expiry.
11.2 You are not entitled to use any of our intellectual property (including, but not limited to, our logo or name) without our express written permission.
11.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Contract.
11.4 If any part of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, this will not affect the validity of the other provisions of the Contract or these Terms and Conditions.
11.5 If the rights under these Terms and Conditions are not exercised or enforced following a breach of Contract by either you or us, this does not mean that either of us has waived our right to do so at a later date.
12. Data Protection:
Both parties agree to comply with all applicable data protection legislation including, but not limited to, the General Data Protection Regulation 2016, the Data Protection Act 2018 and any subsequent amendments to them.
13. Governing Law
If any suit or action is instituted to interpret or enforce the provisions of this Agreement, the suit or action shall be commenced and prosecuted in the jurisdiction and venue of the non-moving party and this Agreement will be governed by and construed in accordance with the laws of the jurisdiction of the non-moving party.
Terms and Conditions adopted on: 17th March 2021 following agreement at the NAS’ Annual General Meeting. These terms replace the NAS’ Objects and Rules, last revised in 2012.
