For ease of expression, this document is referred to as the “Agreement”, Emerging Payments Ventures Limited trading as The Payments Association, registered in England and Wales. Company no. 06672728 registered address: The Payments Association Offices, Sandbox Workspace, Red Lion Court, 46-48 Park Street, London, SE1 9EQ is referred to as “The Payments Association”, the recipient of the Membership is referred to as the “Member” and the services and deliverables detailed in this document to be provided to the Member are referred to as the “Membership”.
1.1 The Payments Association and the Member acknowledge that the success of the Membership is the joint responsibility of both parties.
1.2 The Payments Association and the Member recognise they must both use reasonable endeavours to fulfil the expected commitments outlined in this Agreement.
1.3 The Payments Association is committed to providing quality services for its Members and shall:
1.3.1 establish, make available and support programmes of education, training and qualifications with recognised standards of achievement to support the systematic development of Members;
1.3.2 undertake, promote and make available research and developments in the payments industry;
1.3.3 provide access to internal and external discounted member benefits, and concessions subject to the relevant terms and conditions; and
1.3.4 establish, develop and maintain links with other bodies and organisations (governmental and industry) at local, national and international level; including the provision of networking and online communities and discussion forums.
1.4 The Payments Association Events:
1.4.1 All events that require payment outside of your Membership must be paid in full prior to attending.
1.4.2 If no agreement is in place and the full amount is not paid prior to the event, then you could be refused entry.
1.4.3 Any event cancellations made less than 7 working days prior to an event will not be refunded.
1.4.4 The Payments Association reserves the right to cancel any event without notice and without reason, therefore any monies paid will be refunded in full.
2.1 The Membership will be based on the Order detailing level of membership and additional options selected. It will be provided by The Payments Association and will come into effect when the Order has been executed by the Member and returned to The Payments Association and will continue as set out in clause 3 below.
2.2 The Member agrees to pay an invoice raised by The Payments Association for the amount agreed in the Order within 30 days of the date of issue of the invoice. If the invoice is not paid in full within 30 days of the date of issue, The Payments Association may suspend Membership to the Member until the invoice has been paid in full. Payments Association will not issue a refund or extend the Membership period to cover any time that has been lost due to late payment of the invoice.
2.3 The Member shall pay for all taxes incurred in connection with the Membership including value-added, sales, use, excise, services, consumption, withholding and other taxes and duties assessed on the provision of services and deliverables by The Payments Association to the Member in relation to the Membership and on any goods or services used or consumed by either party in connection with the Membership.
2.4 In the event that any payments received by The Payments Association in connection with the Membership are subjected to or reduced by any taxes required to be withheld by the Member, the payments shall be grossed up so as to result in The Payments Association’s receipt of an amount equal to that which would have been received by The Payments Association but for the said taxes.
2.5 The Member agrees to indemnify and hold The Payments Association harmless from any deficiency (including penalties and interest) relating to taxes which are the responsibility of the Member under this Agreement and reimburse The Payments Association for all accounting and legal fees and expenses incurred in connection with an assessment of such a deficiency.
3.1 Membership commences on the date set out in the Order and shall continue thereafter unless terminated under clause 4 below.
3.2 The Member will be entitled to all The Payments Association benefits during the term of their Membership
3.3 The initial Membership period and fees are as set out in the Order. Membership fees will be payable annually after the end of the initial Membership period.
3.4 The Payments Association will send a notification with any annual fee increases clearly indicated approximately 60 days before the end of each Membership period. An invoice for such Membership fees will be issued 30 days thereafter.
4.1 A Member may terminate his or her membership by providing 28 days’ notice to The Payments Association subject to clause 4.2 and 4.3 below.
4.2 A Member shall cease to be a Member:
4.2.1 on the expiry of 28 days’ notice to The Payments Association of his or her resignation as a Member;
4.2.2 if any subscription or other sum payable by the Member to The Payments Association is not paid by the due date and remains unpaid 28 days after notice has been served on the Member by The Payments Association informing the Member that membership may be terminated if it is not paid; and
4.2.3 if The Payments Association resolves that the Member be terminated. Such a resolution shall not be passed unless the Member has been given not less than 14 days’ notice of the fact that the resolution is to be proposed, specifying the misconduct or circumstances alleged to justify expulsion, and has been afforded a reasonable opportunity of being heard by or of making written representations to The Payments Association;
4.2.4 pursuant to clause 7 below;
4.2.5 the Member is declared or acknowledges that it is insolvent or otherwise unable to pay its debts as they become due or upon the filing of any proceeding (whether voluntary or involuntary) for bankruptcy, insolvency or relief from its creditors;
4.3 Any Member who ceases to be a Member in accordance with this clause 4 shall not receive any rebate of fees for the membership year during which such termination takes place.
5.1 This Agreement, is the confidential property of The Payments Association. The Member agrees that no part of it shall be disclosed to any third party without the prior written consent of The Payments Association or used for purposes other than the Membership.
5.2 The Member and The Payments Association each agree to keep confidential and not to disclose to any third party any information (excluding information which is or becomes public knowledge other than as a result of the default of the recipient) relating to the business or trade secrets of the other (“Confidential Information”), or to make use of any such Confidential Information for any purpose other than in connection with the Membership and its Features or as required by law
6.1 The Payments Association aims to provide all Members with a high level of service and to deliver the benefits and privileges of Membership. However, there may be times when, for whatever reason, the service provided does not meet Members’ expectations. Should this occur, in the first instance we encourage Members to contact their relationship manager at The Payments Association to discuss the matter and to give The Payments Association the opportunity to investigate and assess the complaint.
6.2 The Member agrees to give The Payments Association a reasonable opportunity to remedy any failure or shortcoming in the provision by The Payments Association of the services or deliverables comprised in the Membership to the Member. The Payments Association undertakes, at its expense, to use all reasonable efforts to implement such remedy as soon as reasonably practicable after any such failure or shortcoming is identified and reported to it by the Member in writing.
6.3 In respect of any liability which is not within the scope of paragraph 6.4, The Payments Association’s total liability under or in connection with the Order (whether in contract, tort (including negligence) or otherwise) shall not exceed in aggregate the total fees received by The Payments Association in respect of the Membership in the current Membership period.
6.4 The Payments Association will not be liable (whether in contract, tort (including negligence) or otherwise) for any loss of production, loss of or corruption to software or data, loss of profits or of contracts, loss of business or of revenues, loss of operation time, loss of goodwill or reputation, whether caused directly or indirectly, or for any indirect, incidental, punitive or consequential loss, damage, cost or expense whatsoever.
6.5 The Payments Association will not be liable for any loss, damage, cost or expense whatsoever and howsoever caused arising from any fraudulent or unauthorised act or statement, misrepresentation or default on the part of the Member, its directors, employees, agents and other contractors.
6.6 the express obligations and warranties made by The Payments Association in this Agreement are in place of and to the exclusion (to the fullest extent permitted by law) of any other warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise, including (without limitation) as to the condition, performance, fitness for purpose or satisfactory quality of the Membership or any part thereof.
6.7 This paragraph 6 survives the termination of the Agreement for any reason.
7.1 The Payments Association are the owner of all intellectual property rights in our website, and in all the material, advice documents, templates published on it or delivered to Members in any format. Those works are protected by copyright laws. All such rights are reserved.
7.2 Provided you are a The Payments Association Member, you may use, copy and print any pages from our website or other materials delivered to you from The Payments Association for any reasonable purpose.
7.3 You must not use any part of such materials for commercial purposes without obtaining a written licence to do so from us.
Neither The Payments Association nor the Member will be liable for any delay in performing or failure to perform their obligations if such failure or delay is as a result of causes outside the reasonable control of the responsible party.
Nothing in this Agreement is intended to confer any benefit on any third party (whether referred to herein by name, class, and description or otherwise) or any right to enforce a term this Agreement.
10.1 This Agreement constitutes the entire agreement between the Member and The Payments Association relating to the Membership and supersedes all previous communications, representations and arrangements, written or oral, except in respect of any fraudulent misrepresentation made by either party. The Member acknowledges that no reliance is placed on any representation made but not embodied in this Agreement.
10.2 No variation by the Member will be effective unless in writing and signed by authorised representatives of both parties. The Payments Association shall be entitled to vary the terms of this Agreement on one week’s notice to the Member, such notice can be sent to the Member on the email set out in the Order or such other email as the Member notifies us from time to time. The revised terms and conditions forming the Agreement will be set out on our website and will take effect from the date stated on them whether or not the Member received The Payments Association’s email notifying them of the variation. The Member is advised to check the Payments Association website from time to time for any variations of the terms and conditions.
10.3 In the event of any conflict between the terms of this Agreement and any other document, the terms of this Agreement shall prevail.
10.4 No waiver or any breach of any of this Agreement shall be deemed to be a waiver of any other breach and no waiver shall be effective unless in writing.
10.5 We may assign, transfer or novate this Agreement and the rights and obligations under it to any other party at any time and shall inform You thereof in writing within a reasonable time thereafter.
This Agreement will be governed by and construed in accordance with the laws of England and will be subject to the non-exclusive jurisdiction of the Courts of England.
The Payments Association collects personal information about the persons listed in your application (and you personally if it is a personal application) when you complete an application for membership or access one of our services.
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Payments Association will retain your personal information for the duration of your Membership and up to a maximum of 2 years thereafter. Non-member data will be retained for up to a maximum of 2 years from the date of collection. All financial data is retained for 6 years.
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