Copyright © 2021, FESPA UK Association
FESPA UK Association Membership Terms and Conditions
By entering into a Membership with us, you are agreeing to these Terms. We have a policy of continuous improvement and reserve the right to make changes to these Terms and/or any Member benefits (“Member Benefits”) at any time on reasonable notice. Members who continue to participate in their Membership following a change will be considered to have accepted the updated Terms and/or Member Benefits. For up-to-date Terms and Member Benefits, Members should visit our website.
FESPA UK is a not-for-profit membership organisation for the wide-format, screen, digital and specialist print industry.
Our registered address is Fairclough House, Redbrook Road, Barnsley, South Yorkshire, S75 2RG and You can contact us by email at firstname.lastname@example.org
A) Membership Application
1. Membership is divided between the following categories: i) Printer Members and ii) Parner Members. All applications for Membership must be submitted by completing the relevant application form. Please email email@example.com to request.
2. Membership is available to companies operating as printers and suppliers to the printing industry registered or trading in the United Kingdom.
3. Membership is at our sole discretion
4. Subject to the above requirement having been met, Membership is effective upon acceptance of your application by us and on payment of the Membership Fee.
5. Applicants must ensure that all information provided is, to the best of their knowledge, information and belief, complete and accurate at the date of application. Where false or misleading information is provided, we reserve the right to terminate your Membership without refund or recourse to you.
6. Details of any principals of the organisation applying for membership who have held a similar position in a company that has gone into insolvent liquidation in the last five years or who has been the subject of a Disqualification Order under the Company Directors Disqualification Act 1985 should be clearly stated in your application and may, depending on the circumstances, affect acceptance of your Membership application.
7. Each Membership term is one (1) year (12 calendar months), unless specifically agreed otherwise by Us prior to the commencement of the next membership period and this term will automatically renew each year unless terminated by Us.
B) Membership Conditions
1. Members are required, as a condition of Membership, to undertake to commit to the aims of FESPA UK publicly, and provide evidence of this to us, in the form of a web link or screenshot
2. a. Members may use the “Member of FESPA UK” membership logo (“Membership Mark”) and the following Membership statements (“Membership Statements”) on all promotional materials including your website.
i. “Member of FESPA UK”
ii. “FESPA UK Member”
iii. “Working with FESPA UK”
iv. “FESPA UK Partner”
b. Other statements are not acceptable for use, some examples are listed below, and they are not a definitive list:
i. “Certified as sustainable FESPA UK”
ii. “Recommended by FESPA UK”
iii. “FESPA UK approved”
iv. “FESPA UK accredited”
c. Any statement other than the Membership Statements will require our prior written approval.
d. Upon termination or revocation of your Membership, permission to use the Membership Mark and the Membership Statements will be revoked with immediate effect.
3. Members will be registered depending on which sector is appropriate to their business, at our sole discretion.
4. Members commit to actively participate in the activities of the association and support the overall aims and objectives of collaboration and growth for our members
5. We may suspend or expel any Member at any time and terminate your Membership where there is reasonable belief of:
a. Failure to adhere to our Guiding Principles;
b. Any abuse or attempted abuse of the Membership;
d. Any behaviour relating to your Membership that involves theft, misconduct, abusive or offensive behaviour, supplying false or misleading information or which otherwise prejudices the well-being or reputation of FESPA UK.
6. We will not be liable for any loss or damage resulting from the termination or revocation of your Membership. Members are liable for any and all fees, costs, charges, claims or liabilities (including taxes) of whatever nature arising from their Membership.
7. All Memberships are annual and will renew each year unless terminated by Us. Rights and benefits of Membership commence or are renewed once payment has been received. If Membership fees increase from the previous year, you will be notified 2 months in advance of this increase.
8. Members who require or who operate a purchase order system must provide this to our Accounts Department at least two months in advance of renewal. Details of these should be sent to firstname.lastname@example.org.
9. Following an annual Membership term, Membership will automatically renew for the following year unless notice is given as per clause 9 below.
10. FESPA UK requires TWO MONTHS’ prior written notice of the cessation of Membership. Following receipt of the appropriate notice of cessation, Membership will cease at the expiration of the current Membership period. Failure to provide the necessary notice will result in the following year’s Membership being automatically renewed and an invoice for that coming year’s Membership issued for payment. The notice period is required to give FESPA UK sight of membership income for prudent financial planning.
11. Members agree not to share any of FESPA UK intellectual property including, but not limited to, the Membership Mark and the Membership Statements, with non-member third parties. All rights to the FESPA UK brand are reserved to it. The content and services provided by FESPA UK, either in written form or verbal are protected by database rights and other intellectual property rights. Members may read, print and download material or information provided by their Membership in electronic and hard copy for their private use or use in the ordinary course of the Member’s business, but Members may not make any profit from the use of that material or information nor republish, disseminate or transmit any of it, or exploit it for commercial purposes, or make any derivative work, or copy it for any other purpose without first obtaining our prior written permission, or that of the rights owner.
12. We may from time to time suggest goods and services from third party suppliers or partners. If the Member uses this information or purchases or acquires goods or services from any third parties, we have no liability for the quality or type of services or goods provided by any third party. We do not endorse, and are not responsible for, the accuracy or reliability of, any such opinion, advice, statement, service, offer, information or content.
13. Membership is non-transferable.
15. Nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence (ii) fraud or fraudulent misrepresentation (iii) any liability which cannot be limited or excluded by applicable law.
16. Subject to term 15 above, FESPA UK shall have no liability to a Member for (i) loss of profit (ii) any loss of business or business opportunity (iii) any loss of anticipated savings (iv) any loss of goodwill or reputation (v) any indirect or consequential loss.
17. Subject to terms 15 and 16, FESPA UK maximum liability to a Member whether in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with your Membership shall in no event exceed the Membership fee in any Membership year.
C) Confidentiality commitments
1. In collating data via your Membership, FESPA UK acknowledges that it may receive or otherwise become aware of information relating to each Member, its clients, customers, businesses, business plans or affairs, which information is proprietary and confidential (“Confidential Information”).
2. Confidential Information includes without limitation:
a. trade secrets;
b. information and data relating to Members’ (i) existing or potential customers, employees or officers; (ii) inventions, designs, products and/or product lines; (iii) research and development; (iv) production, manufacturing and/or engineering processes; (v) price lists and/or pricing structures; (vi) marketing and sales plans
and/or processes; (vii) business plans or dealings; and/or (viii) finances;
3. Confidential Information shall exclude information which:
a. at the time of receipt by FESPA UK is in the public domain;
b. subsequently comes into the public domain through no fault of FESPA UK, its employees or agents.
4. FESPA UK undertakes to maintain and procure the maintenance of the confidentiality of Members’ Confidential Information at all times and to keep and procure the keeping of Members’ Confidential Information secure and protected against theft, damage, loss or unauthorised access.
5. Any disclosure of Confidential Information shall be in strictest confidence. FESPA UK undertakes to disclose Members’ Confidential Information only to those of its employees, agents and contractors to whom, and to the extent to which, such disclosure is necessary for analysis of data, which will be anonymised and collated with other Member data before being shared publicly.
6. FESPA UK undertakes not to disclose any Member’s Confidential Information to the FESPA UK Advisory Board. The Advisory Board will not have access to FESPA UK servers and any information presented to the Advisory Board will not contain any confidential information on any member.
7. FESPA UK undertakes to use the Confidential Information disclosed to it by the Member solely in connection with these Terms and the Guiding Principles and not otherwise for its benefit or the benefit of any third-party and to take the same strict control measures with regards to Confidential Information in the event of Membership termination.
D) General Terms
1. These Terms are governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
2. A person not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of the Terms.
4. If any of the provisions of these Terms are found to be illegal, invalid or otherwise unenforceable, then to the extent of such illegality, invalidity or unenforceability, such provisions shall be deleted and severed from these Terms. The remaining enforceable terms shall continue in full force and effect and continue to be binding.