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Principle terms and conditions

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It is a requirement that all members, partners, sponsors and associates of the Continuity Forum accept the following principles, terms and conditions of membership.
 
Membership Principles
 
The Continuity Forum is open to all organisations wishing to support our work promoting business continuity, security, disaster recovery, risk management, crisis management and other related disciplines.
 
We work as a Non Government Organisation to promote the virtue and value of these disciplines to organisations of all types and sizes.
 
The members accept that the Continuity Forum must be impartial in all its dealings with and between members, partners and other bodies.
 
The Continuity Forum is forbidden from endorsing or donating to political parties or lobbying groups.
 
It is acknowledged by all members that any form of membership is primarily to support its work promoting business continuity and the related disciplines and not a commercially based relationship.
 
For certain of the activities of the Continuity Forum confidentiality is vital, this may be as the result of working with government bodies, security bodies or a range of other agencies. Consequently, this information may be declared confidential by the Continuity Forum and members agree not to disclose, misuse or misrepresent this data.
 
From time to time it may be necessary for the Continuity Forum to enter into confidentiality or non-disclosure agreements with partners or other agencies. Under such circumstances the members have no entitlement to the information gained under these agreements.
 
Members acknowledge that at all times they are required to conduct themselves professionally during Continuity Forum organised events.
 
We encourage participation and discussion in all our activities and require that members are tolerant of diverse views. Conduct not meeting this standard will result in immediate suspension of membership and its privileges.
 
The Continuity Forum commits to work on behalf of all members equally, but does not warrant or imply any specific results or outcomes from any of our activities. This includes activities focussed on standards, legislation and regulation as well as events and any other specific promotion activity undertaken on behalf of, or in association with any member, partner or other body.
 
Members are encouraged to participate in decision making on policy areas and all contributions are welcomed. Specific ideas may be acted on and we will always provide feedback to members on suggestions.
 
From time to time the Continuity Forum may consult with members to assist in policy making and development. It is a requirement of membership that members provide feedback to the Continuity Forum on these matters. Comments should focus on the subject matter and not purely reflect the self interest of the member or their organisation.
 
Membership categories
 
Membership of the Continuity Forum is provided across a number of categories. These are:
 
Individual Member - An individual member is any person wishing to support the work of the Continuity Forum as a private person and not as a professional member.
 
Professional Member - A professional member is an individual who is either employed, provides consulting or any other service or product in any of the disciplines covered by the Continuity Forum
 
Company Member - A company member is a private, publicly listed company or partnership who does not provide commercial services related to the disciplines covered by the Continuity Forum
 
Public Sector Member - A public sector member is a body or organisation directly associated with Government at either a national or local level.
 
Charitable, Professional Body or Non Government Organisations Member - This is a special category of membership available to bodies that are either registered as Charities or represent special interest groups relevant to the work of the Continuity Forum. This category is available only at the sole discretion of the Continuity Forum.
 
Partner member - A partner member is an organisation directly or indirectly engaged in the sales of services or products relevant to the fields of business continuity, security, disaster recovery, risk management, crisis management and other related disciplines.
 
The Continuity Forum reserves the right to withdraw membership from any organisation or individual for any serious breach of either the Principles or terms and conditions of membership with out any refund of membership fees.
 
Non-member services - services are available to non members please see our fees page here. While we would prefer you join you can retain our services on an Adhoc basis too. Our rates are shown here. 
 
 
To see how we charge for expenses please click here.  
 
Membership details
 
The Continuity Forum reserves the right to review and alter membership descriptions and fees from time to time. Any alteration in the fees will be reflected at the next annual renewal.

The minimum membership period is 12 months. Membership fees are non-refundable.

The member has 14 days following membership confirmation to cancel membership after which it is deemed to constitute unqualified acceptance of these Conditions. All membership categories renew on the anniversary of joining unless cancelled by the member. Any cancellation should be recieved in writing by the Continuity Forum not less than 14 days before the renewal date. Should a member fail to notify the Continuity Forum of termination and continue to benefit from services membership will deem to have been renewed and annual fees will be due. 

All members agree to the use of their name and logo on the Continuity Forum Website unless otherwise agreed in writing. 
 
It is a requirement of partner membership that members display a link to the       Continuity Forum from their website unless specially agreed otherwise.
 
The Continuity Forum and the Member agree to maintain the confidentiality on matters of commercial interest to either party.
 
Members shall respect any confidentiality, copyright or other expressed intellectual property rights in information shared by other members or the Continuity Forum.

Unless otherwise stated all events and meetings will be conducted under the Chatham House Rule in that what is said may be reported outside of the meeting but not attributed to any organisation or individual.

The Continuity Forum will not sell or otherwise pass membership details to any third party unless required under law to do so.

The members grant permission to the Continuity Forum to use electronic communication such as mobile phone, email and telefax to communicate with members. Members may choose to opt out of such communication systems, but they must maintain one telephone number and a regularly monitored email address during the membership period.
 
General Conditions

Applicability
 
These Conditions alone shall govern and be incorporated in every membership agreement, whether written or oral. They shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Member or in correspondence or elsewhere or implied by trade custom, practice or course of dealing unless specifically excluded or varied in writing by a director or other authorised representative of the Continuity Forum.

Any membership, service instructions or purchase order placed by member (or the members authorised representative cannot be cancelled), other than with the written agreement of a Continuity Forum Director.
 
Fees
 
Fees are for a minimum 12 months membership and become due immediately on joining. Part payment of membership may be available for some categories of membership and a fee schedule will be agreed and provided in writing by the Continuity Forum. Provision of part payment terms does not vary the membership standard term of membership. Should a member not pay fees in accordance with the fee schedule then the full annual membership fee plus any additional fees incurred become immediately due. Unless otherwise specified, tax or duties payable by the member shall be added to Continuity Forum invoices.
 
Additional fees may become due during the membership period for attendance at Continuity Forum events, support services offered by the Continuity Forum or for partner and public sector members events run in association with the Continuity Forum. All additional fees are to be paid with 30 days of invoice. Attendance fees can be cancelled subject to the specific terms listed under our booking conditions.
Partner events are undertaken in association with commercial members. For these events the Continuity Forum provides a management service for the member and the member acknowledges that the Continuity Forum is not directly liable for any third party charges such as speaker fees, facility hire, catering or other expenses incurred for these partner events.
 
The Continuity Forum may from time to time include certain events within a specific membership agreement for partner and public sector members. In these circumstances payment of event costs or expenses may be undertaken or managed by the Continuity Forum on behalf of the member as an agent. However, no payment of any such incurred expenses will be made by the Continuity Forum should the member be in arrears of their membership fees and any expense incurred will need to be discharged directly by the partner member. In addition, if the member fails to pay, the partner member acknowledges they are solely responsible for all monies due, including all expenses incurred, outstanding membership and reasonable legal fees incurred by the Continuity Forum in collecting the amounts due.

Fees & Payment

 
Payment of invoices will unless otherwise agreed in writing be made in full without any deduction or set-off within 14 days of the date of invoice. Electronic payment through the BACS system is preferred and the Continuity Forum can arrange for a direct debit of each annual renewal.

Time of payment shall be of the essence in all contracts between the Continuity Forum and the member to which these Conditions apply.

The Continuity Forum reserves the right to suspend the provision of services to the member where either any amounts are overdue under any agreement with the member until all such amounts have been paid or the Member has exceeded any agreed extension of credit.

Interest will be payable on overdue accounts at the rate of 8% over the Lloyds Banking Group PLC base rate from time to time to run from the due date for payment until receipt by the Continuity Forum of the full amount whether before or after judgement.

All Bank charges incurred in transmitting payments to us are to be paid by you the member.
 
Title
 
The title to any materials, services and/or goods shall remain with the Continuity Forum. Use of materials is granted on the condition that the Member has paid both their membership fees in full (and any other sums due from the Member) to the Continuity Forum.

The Member's right to possession or use of the materials, services and/or goods shall cease if;

The Member has not paid in full by the expiry of any credit period allowed by the contract; or
 
Membership of the Continuity Forum ceases for any reason whatsoever; or
The Member is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement; or
A receiver, liquidator or administrator is appointed in respect of the Member's business.

On cessation of the Member's right to possession of the materials, services and/or goods in accordance with this Condition the Member shall at his own expense make the materials, services and/or goods available to the Continuity Forum and allow the Continuity Forum to repossess them.

The Member hereby grants the Continuity Forum, his agents and his employees an irrevocable licence to enter during normal business hours any premises where the materials, services and/or goods are stored in order to repossess them or ensure their destruction. This right shall continue to subsist notwithstanding the termination of the contract for any reason and is without prejudice to any accrued rights of the Continuity Forum under it.

Notwithstanding the provisions of this Condition, the Continuity Forum may bring an action for the price due under this contract at any time after the price has become payable under this contract.
 
Third Party Rights
 
In respect of international supply contracts (as defined by section 26 of the unfair contract terms Act 1977) only, the Continuity Forum shall have no liability to the Member in the event of materials, services and/or goods infringing or being alleged to infringe the rights of any third party. If an allegation of infringement is made in respect of the materials, services and/or goods or if in the Continuity Forum's reasonable opinion such an allegation is likely to be made, the Continuity Forum may at its option and at its own expense:

modify or replace the services without detracting from overall performance thereof, so as to avoid the infringement; or
procure for the Member the right to continue to use the materials, services and/or goods.

The Member shall notify the Continuity Forum forthwith of any claim made or action brought or threatened alleging infringement of the rights of any third party. The Continuity Forum shall have control over and shall conduct any such proceedings in such manner as it shall determine.

The Member shall provide all such reasonable assistance as the Continuity Forum may request. The cost of any such proceedings shall be borne by the member in such proportions as the parties shall determine.
 
Specifications and Information
 
Unless expressly agreed in writing by the Continuity Forum all activities, plans, specifications and particulars submitted by the Continuity Forum are approximate only and the Continuity Forum shall not be liable in respect of any deviations whatsoever.
 
Liability
 
The Continuity Forum may alter any service from time to time at its sole discretion.
 
No representation or warranty is given that the services are, or will be, identical to services which may have been supplied previously to the Member. Nothing in these Terms and Conditions shall constitute or create the relationship of principal, employer or employee or of a partnership between the parties.
 
The Continuity Forum shall not be liable to the Member:-
for non-delivery of any service unless a written claim is received by the Continuity Forum within 7 days from the date of the Continuity Forum's invoice,
for damage to or loss of materials, services and/or goods or any part of them in transit (where the goods and services are carried by the Continuity Forum's own transport or by a carrier on behalf of the Continuity Forum) unless the Member shall notify the Continuity Forum of any such claim within 7 days of receipt of the materials, services and/or goods or the scheduled date of delivery whichever shall be the earlier for defects or failures of any sort caused by fair wear and tear, abnormal or unsuitable conditions of storage or use or any act, neglect or default of the Member or of any third party;

Where liability is accepted by the Continuity Forum the Continuity Forum's only obligation shall be to refund the cost of such goods and services to the Member.
The Continuity Forum's aggregate liability to the Member whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the cost of the services which give rise to such liability as determined by net price invoiced to the Member in respect of any occurrence or series of occurrences.
 
Subject to this Condition:  All conditions warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods and services are hereby excluded;

The Continuity Forum shall be under no liability to the Member for any loss damage or injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise howsoever arising (and whether or not caused by the negligence of the Continuity Forum its employees or agents) other than liability for death or personal injury resulting from the Continuity Forum's negligence;

The Continuity Forum shall have no liability for any indirect or consequential losses or expenses suffered by the Member, howsoever caused, and including without limitation loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.

In respect of consumer transactions only (as defined by The Consumer Transactions (Restrictions on Statements) Order 1976 as amended) nothing in these Conditions shall affect the statutory rights of any consumer.
 
Licences and Consents
 
If any licence or consent of any government or other authority shall be required for the acquisition or use of the services by the Member, the Member shall obtain the same at its own expense and if necessary produce evidence of the same to the Continuity Forum on demand. Failure to do so shall not entitle the Member to withhold or delay payment of the price. The Member shall be responsible for any additional expenses or charges incurred by the Continuity Forum resulting from such failure.
 
Force Majeure
 
The Continuity Forum shall not be liable to the Member for any loss or damage which may be suffered by the member as a direct or indirect result of the supply of services by the member being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Continuity Forums’ reasonable control including but not limited to an Act of God, war, riot, strike, lockout, trade dispute or labour disturbance, accident, breakdown of plant machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the materials, services and/or goods by the Continuity Forums’ normal source of supply or the manufacture of the materials, services and/or goods required by the Continuity Forums’ normal means or the delivery of the services by the Continuity Forums’ normal route or means of delivery.
 
Assignment
 
None of the rights or obligations of the Continuity Forum under these Conditions may be assigned or transferred in whole or in part without the prior written consent of the Continuity Forum.
 
Headings
 
The headings of these Conditions do not form part of the Conditions and shall not affect their interpretation.
 
Severability
 
If any of these Conditions is held to be invalid, illegal or unenforceable in any respect whether in whole or in part such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the rest of these Conditions or the remainder of any part of a Condition affected.
 
Waiver
 
Failure by the Continuity Forum to exercise or enforce any rights under any contract subject to these Conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right at any time thereafter.
 
Notices
 
Any notice hereunder shall be in writing and be deemed to have been duly given if delivered personally or sent by prepaid first class post (airmail if to an address outside the United Kingdom), telex or telefax to the party concerned at its last known address. Notices delivered personally shall be deemed to have been given when delivered, notice sent by first class post shall be deemed to have been given seven days after despatch (fourteen days if given by airmail) and notices sent by telex or telefax shall be deemed to have been given on the date of despatch.
 
Governing Law
 
The law applicable to the contract shall be English Law and the parties favour and submit to the jurisdiction of the English courts.