Terms and conditions – download a copy here
SEWM CIC SERVICES
“Social Enterprise West Midlands”, “SEWM”, “Us” or “We” means SEWM CIC, (Community Interest Company Registration Number 07534899), having our office at SEWM CIC, Birmingham Enterprise Centre, 1st Floor, Cobalt Square, 85-89 Hagley Road, Birmingham, B16 8QG.
“Our” will be interpreted accordingly. SEWM CIC is a subsidiary of Social Enterprise UK, The Fire Station, 139 Tooley Street, London SE1 2HZ. Social Enterprise UK is a company limited by guarantee, registered in England and Wales as the Social Enterprise Coalition, company number 04426564. http://www.socialenterprise.org.uk/
“Term” means 12 (twelve) months from the Membership Commencement Date unless terminated under the provisions in This Agreement.
“Trading Activity” means the delivery of products or services in return for payment other than grant income.
“You” or “Member” means a person or organisation who has been accepted as a member of Social Enterprise West Midlands or any employee of the Member, including any person We reasonably believe is acting with that Member’s authority.
“Your” will be interpreted accordingly.
“This Agreement” means the Terms and Conditions of Membership detailed here and as amended by Us from time to time.
“Confirmation Email” means the email We send to You, which confirms our acceptance of your membership request, upon receipt by Us of Your application/instruction to join Social Enterprise West Midlands. “Cooling-Off Period” means a period of 9 days commencing on the Membership Commencement Date.
“Deemed Delivery” is 48 hours from the date and time of the Confirmation Email the “Deemed Delivery Date” means the date on which Our Confirmation Email is deemed to have been received by You, if we have not already received a “delivery receipt”.
“Membership Commencement Date” means the date on which We receive an email notification (by way of a “delivery receipt”) that Our Confirmation Email has been delivered to You, or the Deemed Delivery Date, whichever occurs first.
“Membership Contract” means the contract for services provided by Us to You.
“Membership Benefits” means the products and services offered by Us to You at the time of your application, determined by Your choice of Membership package.
“Membership Fee” means the sum payable by You to Us in return for the receipt of Membership Benefits determined by your choice of Membership Package.
“Membership Package” means the Products and Services advertised by us under the titles “Get Informed”, “Get Connected”, “Get Noticed”, “Get Solutions” and “Get Leading”, or other offerings as amended by us from time to time.
“Our Website” means http://www.socialenterprisewm.org.uk
“Payment Date” means the due date that is instructed on Your Membership invoice and will be in accordance with our 30 days payment terms.
1. Membership Categories
1.1 Anyone with an interest in social enterprise can apply to become a member of Social Enterprise West Midlands – individuals, businesses, voluntary groups, public sector organisations and others.
1.2 You can apply to become a member by completing an Application Form in any format supplied by us at the time of your Application.
1.3 There are two categories of membership; Social Enterprise and Associate Member. For the purposes of membership of Social Enterprise West Midlands a Social Enterprise is defined as:
1.3.1 A legally incorporated non-profit distributing business with a declared social or environmental purpose earning at least 50% of turnover through trading activity OR
1.3.2 An organisation working towards fulfilling this definition within 12 months.
1.4 If you register for membership under the wrong category or do not provide the appropriate details for us to verify your category, we reserve the right to amend the category of your membership.
2. Your Details
2.1 We will not be held responsible or liable for any consequence of displaying incorrect information pertaining to any individual or organisation under any circumstances.
2.2 Subject to paragraph 2.1 you may amend the details you have supplied to us by contacting us through our website, advertised phone number or email address for membership, all of which will be advertised prominently on our website, and we will use our best endeavours to correct any incorrect information displayed in a format which is under our reasonable control in a timely fashion.
3. Changes to Membership Benefits
3.1 We reserve the right to amend Membership Benefits at any time at our sole discretion.
3.2 We will endeavour to replace any withdrawn Membership Benefit with another which in our reasonable opinion confers a comparable benefit to the member.
3.3 In the event of a Membership Package, Benefit or Benefits being withdrawn and our not being able to offer a product or service which is in our reasonable opinion of an equivalent standard we may, at our sole discretion, either:
3.3.1. Accept a Termination Notice from You and offer a refund of any Membership Fee paid in accordance with the remaining duration of the period of membership. Please note after six months of membership no reimbursement is due.
3.3.2. Transfer your Membership Package, Benefit or Benefits at an equivalent or comparable value to SEUK, incurring no further cost to You, for the duration of your original membership term with SEWM.
4. Our Obligations
Social Enterprise West Midlands will:
4.1 Use all reasonable efforts to provide You with your Membership Benefits from the Membership Commencement Date for the proceeding 12 month period.
4.2 We will treat all Members equally and endeavour to provide the same quality of Service to each Member, subject only to variations in Membership Benefits determined by your Membership Category and the Membership Package chosen by You.
5. Customer Service
5.1 We are committed to providing a high standard of customer service to our members and other parties interested in Social Enterprise. We will endeavour to be polite, courteous, responsive, informative and helpful at all times. We will welcome your comments and suggestions.
6. Membership Contract & Payment
6.1 The Membership Contract commences on the Membership Commencement Date and will continue for a period of 12 months from the Membership Commencement Date, unless it is terminated early by You or by Us in accordance with these terms and conditions.
6.2 Unless we have received an email notification (by way of “delivery receipt”, or another email from You confirming receipt of our Confirmation Email from or on behalf of your email account) within 48 hours of Our Confirmation Email, We will consider there to be Deemed Delivery of the Confirmation Email and the Membership Commencement Date will be construed accordingly.
6.3 Your Membership Benefits will be provided to you from the Membership Commencement Date.
6.4 Unless We explicitly offer You alternative payment terms for the Membership Fee, which we reserve the right to do solely at our discretion, payment is due on the Payment Date, unless You have terminated Your membership during the Cooling-Off Period in accordance with clause 7.2. We will provide an Invoice to You ahead of the Payment Date stipulating the amount owing. All overdue invoices will be recovered as part of our credit control processes.
6.5 Non-payment/late payment of the Membership Fee after the Payment Date will be considered to be a bad debt and every effort will be made to recover this income.
6.6 If You cancel any payment made to Us, You must inform Us and may not access any Member Benefits unless payment is made in full
6.7 In the event of failure to pay Membership fees, other than in accordance with clause 6.4, SEWM reserves the right to recover the costs of:
- the Membership fee,
- cancellation charge to cover administration costs (as per clause 7.3)
- cost of membership benefits provided to you
7. New membership – duration and cancellation
7.1 Membership will last for 12 months from the Membership Commencement Date and may not be cancelled by either party except as detailed in This Agreement.
7.2. You may terminate Your membership at any time during the Cooling-Off Period with no liability to pay the Membership Fee. To exercise this right You must inform Us in writing of Your intention to terminate during the Cooling-Off Period. In the event that You exercise Your right to terminate described in this clause, You may not access any Membership Benefits thereafter unless you submit – and we accept – a fresh application for membership in accordance with these terms and conditions.
7.3 If you cancel Your membership within the Cooling-Off Period no administration fee is payable for termination. If you cancel Your membership after the Cooling-Off Period but within 30 days of the Membership Commencement Date there will be a £25 administration fee for termination. Otherwise, full cost recovery pro-rata for the membership fee will be sought in accordance with our refunds policy detailed at clause 7.4 below
7.4 Membership refunds will be repayable on a pro-rata basis up until 6 months from the Membership Commencement Date. Membership cancellation after 6 months will not result in any refund of payment.
7.5 We may cancel your membership immediately at our reasonable discretion or if You breach any of your obligations under these terms and conditions, including failure to make any payment to Us when due.
8. Renewals and upgrading
8.1 In order for membership services to be maintained, membership renewal will become automatically effective 12 months from the Date of Membership Commencement unless notification of cancellation in writing is received by Us in accordance with clause 8.2 below.
8.2 Membership renewal will be invoiced in month 11 of your term of membership unless notification is received in writing by Us from You no later than the end of month 10 of your membership term. You will receive a membership summary, where applicable, from Us in month 10 with a reminder of your renewal date.
8.3 In the event of failure to pay Membership renewal fees, SEWM reserves the right to recover the costs of Membership Benefits provided to You.
8.4 You can upgrade your membership package at any time during your membership term.
8.5 Should You upgrade your membership, You will be invoiced for the balance due (calculated on the membership fee paid and the level of membership upgrade requested, and pro rata to the remaining term of membership).
9.1 If You have a complaint or query regarding any aspect of your membership including billing, contact Us by phone, email or letter including the nature of your complaint and your contact details.
9.2 We will endeavour to respond to any complaint within 14 days of receipt.
10. Data Protection
10.1 We operate in accordance with the Data Protection Act 1998 as updated or amended from time to time.
10.2 We will not share your information with third parties unless with your prior permission.
10.3 SEWM CIC is a subsidiary of Enterprising Futures – Company Number: 07465215. Registered office: Kingsley, The Brampton, Newcastle-under-Lyme, Staffordshire, ST5 0QW.
11. Limitation of Liability
11.1 Your sole right and exclusive remedy and our exclusive liability in the event of any breach of these Terms, or if You are dissatisfied for any reason with the Service or any guidelines or policies, is to require the cessation of the Service and to recover your direct damages up to a maximum of the amount You have paid for the Service during the period from the date of commencement of the Term to the date of termination.
11.2 We shall not have any other liability whatsoever to You and shall not be liable for any misrepresentation (save where fraudulent) or be liable in contract tort or otherwise for any indirect or consequential loss, loss of revenue, loss of profits, loss of business or goodwill, loss or damage due to corruption of data, loss of opportunity, howsoever caused, which arises out of or in relation to these Terms and Conditions and/or the provision of the Service.
12. General Information
12.1 We advise you to print a copy of these Terms and Conditions for your information in the future.
12.2 Any contract between Us shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any dispute. All dealings, correspondence and contact between Us shall be made or conducted in the English language.
12.3 These Terms and Conditions are subject to change. The most current version will always be on our website. We advise you to check these from time to time.
Further information on SEWM services and membership can be obtained by emailing [email protected]
Updated March 2016