Membership Agreement - HD8 Network

THE PARTIES:

(1) HD8 Network (“us”, “we”, etc) of 16a Chapel Hill, Clayton West, HD8 9NH. We are a networking organisation operating in the UK.

(2) You (“you”), anyone who buys HD8 Network Membership. You agree that you have provided accurate, up to date, and complete information about yourself.

The purpose of this agreement is to set out the duties and responsibilities of HD8 Network and the Member during the course of The Membership Agreement. By registering as a member of HD8 Network you are agreeing to accept the terms of this Membership Agreement, Our Website Terms of Use and our Privacy Policy. Please read this agreement carefully and save it.

DEFINITIONS
“Date of Commencement” means the date on which you pay your annual membership fee.

“HD8 Network Membership” means membership services we provide as set out on Our Website and in this contract.

“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.

“Services” means all of the services available from Our Website or via Membership, whether free or charged.

BASIS OF CONTRACT
1. This Agreement begins on the Date of Commencement and will continue for one year, subject to the provisions for earlier termination.
2. Any continuation by us or by you after the expiry of one year is a new contract in the terms then shown on Our Website. Your continued use of our services after that shall be deemed acceptance by you of the changed service, system and/or terms.
3. The contract between us comes into existence only when we write to you to confirm that we agree to allow you to join HD8 Network as a member. Your payment does not create a contract. If we decline to offer HD8 Network Membership to you, we shall immediately return your money to your credit or debit card.
MEMBERSHIP and FEES
1. Purchase of HD8 Network Membership entitles you to the membership services as set out in our Membership Schedule. Payment for an HD8 Network Membership is for one year.
2. The price payable for HD8 Network Membership and additional services you may order are clearly set out on Our Website. Prices are inclusive of any applicable VAT.
3. We reserve the right to amend our annual membership fee at any time. Unless existing members have been notified by writing of new fees that are applicable to them, any fee changes will only apply to new members.
4. You may not transfer your HD8 Network Membership to any other person.
5. When you subscribe for HD8 Network Membership, that payment may not cover other services, for which we will ask you to pay either by addition to your membership fee or by a single payment.
6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
7. All money paid by you to us is non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of money paid for any Service.
8. We reserve the right to modify the HD8 Network Membership rules and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the HD8 Network Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member. It may be useful to print a copy now.
MEMBERSHIP RENEWAL
1. At least four weeks before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that your HD8 Network Membership is shortly to expire and to invite you to renew. An invoice for a new period of HD8 Network Membership will be included.
2. It is your responsibility to confirm you wish for your HD8 Network Membership to be renewed and to arrange for payment of the invoice. Should we not hear from you following the email reminder, your HD8 Network Membership shall lapse at the expiry of the period for which you have paid.
3. Notwithstanding the above, membership renewal is not guaranteed. HD8 reserve the right to refuse a membership renewal.
SECURITY OF YOUR CREDIT CARD
1. We take care to make Our Website safe for you to use. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic payments or other transactions which you have initiated.
OBLIGATIONS AND DUTIES
1. Both parties to the agreement will abide by the terms set out in this Membership Agreement, Our Website’s Terms of Use and our Privacy and Cookie Policy.
2. You are expected to comply with the following obligations and duties:
3. 1. you will actively participate in promoting the HD8 Network and attend HD8 Network events which are held at your convenience.
  2. You are encouraged to make contact and do business with other members and other referred parties.
  3. If you book an event and wish to cancel, you must do so by contacting us at least 24 hours before the event begins, except in exceptional circumstances.
4. We will provide you with opportunities to promote your business and engage with other members and local businesses. You will be notified in good time about upcoming events and will be sent regular updates.
5. We will let you know at the earliest opportunity if events have been cancelled and when appropriate will endeavour to host a replacement.
TERMINATION
Subject to any earlier termination in any permitted circumstances, this agreement shall continue to operate until the expiry of one year from the Date of Commencement.
This agreement may also be terminated by:
1. agreement between us and you; or
2. automatically following a breach of the Agreement.
On termination no fees are refundable.
Termination by either party shall have the following effects:-
1. your right to use HD8 Network Membership ceases immediately; and
2. we are under no obligation to forward any unread or unsent messages to you or any third party.
The following actions constitute a non-exhaustive list of examples of breaches giving rise to the possible termination of this agreement:
1. Inappropriate behaviour at events held by the HD8 Network;
2. Inappropriate content posted on our social media sites;
3. Inappropriate spamming of other members and hard selling; and/or
4. Assigning membership to anyone else.
We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this Membership Agreement and/or Our Website’s Terms of Use.
PRIVACY POLICY
1. All personal and corporate information is only used by us for our own business purposes.
2. We will not pass your details to third parties without your permission.
3. Upon becoming an HD8 Network member, your membership status will be published on Our Website for the purposes of promoting your business.
4. You grant us the rights and permission to use your name, company name, photo, statements, and industry information in all current and future media.
5. You are referred to our more comprehensive Privacy Policy on Our Website, which complies fully with the relevant law.
DISCLAIMERS AND LIMITATION OF LIABILITY
1. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
2. Our Website and HD8 Network Membership services are provided “as is”. We make no representation or warranty that any service will be:
3. 1. useful to you;
  2. of satisfactory quality;
  3. fit for a particular purpose; and/or
  4. available or accessible, without interruption, or without error.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
5. We make no representation or warranty and accept no responsibility in law for:
6. 1. accuracy of any Content or the impression or effect it gives;
  2. delivery of Content, material or any message;
  3. privacy of any transmission;
  4. the conduct, whether online or offline, of any user of Our Website or our services;
  5. failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of our services.
  6. loss or damage resulting from your attendance at an event organised through Our Website or our Services;
  7. any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
  8. any aspect or characteristic of any goods or services advertised on Our Website.
7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the services concerned.
8. Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £1,000. This applies whether your case is based on contract, tort or any other basis in law.
9. We shall not be liable to you for any loss or expense which is:
10. 1. indirect or consequential loss; or
  2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
11. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to ourselves.
12. If you become aware of any breach of any term of this agreement by any person, please tell us either by telephone or email. We welcome your input but do not guarantee to agree with your judgement.
13. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
14. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
15. 1. your failure to comply with the law of any country;
  2. your breach of this agreement;
  3. any act, neglect or default by any agent, employee, licensee or customer of yours;
  4. a contractual claim arising from your use of our services; and
  5. a breach of the intellectual property rights of any person.
MISCELLANEOUS MATTERS
1. You undertake to comply with the terms relating to the protection, security and storage of data, the content you post to Our Website, and intellectual property which are contained with Our Website’s Terms of Use.
2. You undertake to provide to us your current land address, e-mail address and telephone numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
6. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.

In the event of any issues with your membership, please email us at info@HD8network.co.uk