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Make UK Membership: Terms and conditions

1. Definitions

“Affiliate Member”: any organisation who is a member of an Affiliate Partner.

“Affiliate Partner”: any organisation whose business activities fall into the manufacturing or adjacent sectors as determined by MAKE UK from time to time, and and subsequently purchases, MAKE UK’s affiliate partner product offering.

“Anniversary date”: 12 months from the date of initial service commencement and every 12 months thereafter.

“Corporate Member”: any large organisation whose business activities fall into the manufacturing or adjacent sectors as determined by MAKE UK from time to time, and subsequently purchases MAKE UK’s corporate membership product.

“Core Member”: any organisation whose business activities fall into the manufacturing or adjacent sectors as determined by MAKE UK from time to time, and subsequently purchases MAKE UK’s core membership product.

“MAKE UK”: Means EEF Limited (registered number 05950172) a company limited by guarantee and covers all brands within the MAKE UK family.

“Member/Membership”: any Core, Corporate or Affiliate partner/member of MAKE UK 

“Membership Subscription”: membership entitlement dependent upon type of Membership procured

“Membership fees”: Fees payable for the Membership Subscription

“Membership period”: 12 month period from the date of joining and 12 months from the anniversary date of joining thereafter

“Minimum term”: 12 months from the date of joining

“Notice period”: six calendar month’s following expiry of the Minimum Term

“Services”: membership service entitlement as determined from time to time based on your Membership Subscription

2. These Terms

2.1 These Membership terms and conditions apply to your Membership of MAKE UK and to any and all Services (“the Services”) supplied by MAKE UK to you as part of your Membership Subscription.

2.2    If you have applied for membership and your application for membership is accepted, MAKE UK’s acceptance of your membership is conditional on your agreement to these terms and conditions in full.

2.3    Following your application to become a new Member, MAKE UK will send a copy of these terms and conditions to you and you will be deemed to have accepted the terms in full unless you notify MAKE UK that you would like to withdraw your application for membership within 14 days of the date on which MAKE UK sends the terms and conditions to you.

2.4    These terms and conditions may be varied by MAKE UK from time to time.  MAKE UK will give you one months’ notice prior to any such change taking effect.. If you do not accept the revised terms then you will be entitled to terminate your contract in accordance with clause 7 on termination, with pre-existing terms and conditions applying up to the anniversary date.

3. Membership Generally

3.1  Members of MAKE UK are members of EEF Limited (registered number 05950172) a company limited by guarantee.

3.2    Please note that MAKE UK may refuse membership to any prospective member for any reason; that membership is subject to continued payment of Membership Fees; that your membership may be revoked for failure to pay Membership Fees; that membership is not transferable; and that you are required to give a minimum of six months' notice of termination of your membership following expiry of the Minimum Term.

4. Minimum term & contract renewal

4.1 Membership of MAKE UK is subject to a minimum term of at least 12 months.

4.2 After expiry of the initial minimum term you may terminate your membership contract by providing no less than six months’ written notice in accordance with 7.1 below. Otherwise your membership will continue indefinitely until such notice is given and served.

4.3 Where a Member agrees with MAKE UK a membership contract period of greater than 12 months, the agreed duration of the contract will form the minimum term, with automatic continuation of membership thereafter until such time that six month’s notice has been given and served, such notice to be served only after the expiration of the Minimum Term.

5. Fees

5.1  In addition to MAKE UK’s right to revoke your membership for failure to pay Membership Fees, during any period in which payments from you are overdue MAKE UK may suspend all or part of the provision of any services to you.

5.2    Membership fees are payable annually in advance.

5.3    In the event that any fees or charges whatsoever are due to MAKE UK, or your Membership Fee has been incorrectly calculated then you agree to settle any invoice for additional or unpaid fees rendered by MAKE UK immediately upon notification.

5.4    Members are entitled to access all relevant MAKE UK membership services. For more information about what is and is not included within your membership package please refer to your relevant regional membership manager. Please note that you will only be entitled to access those services which are included within the membership subscription you have procured. 

5.5    If you wish to upgrade your membership option at any point in time membership fees will be immediately uplifted to reflect the upgraded service option from the date of upgrade. You will also be required to commit for a further minimum term of 12 months from the date of upgrade.

5.6 After the initial minimum term, if you wish to cease or downgrade your membership, you will be required to give six months’ notice of this and your membership fee will be recalculated accordingly.  You will also be required to commit to a further minimum period of 12 months from the date of downgrade.

5.7    All sums due from you which are not paid on the due date shall bear interest from day to day at the rate equal to 8% per annum above the Bank of England base rate.

5.8    If MAKE UK’s staff or contractors are required to discharge out-of-pocket expenses in delivering Services to you those expenses will be charged to you as may be agreed from time to time. In the absence of any express agreement you agree to pay all reasonable expenses incurred by MAKE UK or their employees or contractors in carrying out services on your behalf.

5.9    All fees and charges are quoted exclusive of VAT unless otherwise specified.

6. Services

6.1    MAKE UK will provide the services with reasonable skill and care.  Unless expressly agreed in writing no further conditions, warranties or representations are given by MAKE UK in relation to the services and any such terms are excluded to the fullest extent permitted by law.

6.2  Services will be provided to you, the Member, and not to any other third party. MAKE UK will not be obliged to provide services to any third party nor will MAKE UK accept any liability or duty of care to any third party whatsoever.

6.3    In order to allow MAKE UK to provide the services you agree that you, together with your employees and agents will at all times:
a) provide MAKE UK with complete, accurate and timely information, data and documents which may be requested;
b) co-operate fully with MAKE UK in the provision of the services and permit MAKE UK to provide the services free of obstruction and interference;

7. Termination of Membership

7.1    Your membership may be terminated by either party at any time on not less than six months’ notice in writing, for any reason, following expiry of the initial minimum term of 12 months (or such longer minimum term as may be agreed). If you wish to terminate your membership then the earliest date on which you may service notice to terminate your membership is the date of expiry of your initial minimum term and in any event you must provide MAKE UK with at least six month’s prior written notice.

7.2    MAKE UK shall be entitled to terminate your membership immediately in the event that you fail to make payment of any membership, or any other, fees which are due and payable or if you are otherwise in material breach of these terms and conditions.

8. Policy, Representation and Publications

8.1    MAKE UK will use its best endeavours to represent the interests of manufacturers generally. However no liability is accepted for such representation or for any policy position adopted by MAKE UK.

8.2    MAKE UK provides briefings, guides, information, blogs, website, surveys, model documents and newsletters (“the Publications”) as part of various services provided. MAKE UK will use reasonable endeavours to ensure that the information contained in the Publications is accurate at the time of publication but MAKE UK does not provide any guarantee or warranty to that effect.

9.    Member advantages

9.1  MAKE UK may from time to time select various partners (the “Partners”) who agree to provide other services and products for its members under the member advantages offering.

9.2  MAKE UK agrees that it will select Partners in good faith for the benefit of its members and MAKE UK shall be entitled to take commission from its Partners in relation to Products sold to its members.

9.3  If you decide to purchase a product offered by a Partner then the agreement for the provision of that product or service will be between you and the Partner only. MAKE UK offers no guarantee or assurance that the product or service will be suitable for your requirements or that it will be delivered as agreed and MAKE UK shall have no liability whatsoever for any failure or default on the part of the Partner.

9.4  Please note that many of the Products offered are unique to MAKE UK members and that if your membership with MAKE UK is terminated for any reason your access to that Product will be terminated (and MAKE UK will not be liable for termination of your access to that Product).

10.    Staff and Contractors

10.1 MAKE UK shall be entitled to subcontract, delegate or assign the provision of any services or any of their rights or duties under these terms. MAKE UK shall have discretion  as  to  which  of  their  employees  or   self-employed  agents, contractors  or  associates  (“Associates”)  are  assigned  to  perform  the services.

10.2  You agree to pay MAKE UK’s introduction fee as set out in clause 10.3 in the event that you, any subsidiary, group or associated company or any person connected with you (directly or indirectly) recruit as an employee or engage as self-employed contractor any employee or Associate of MAKE UK if that employee or Associate was involved in the provision of services to you by MAKE UK in the 12 month period prior to their engagement by you.

10.3  In the event that you engage an employee of MAKE UK as set out in clause 10.2 you agree to pay an introduction fee (which shall be immediately due and payable) equal to:
a) Where you have engaged that individual as an employee: 50% of the annual remuneration (including pay and benefits) payable by you to the relevant individual in the year following the commencement of that individual’s employment; or
b) Where you have engaged that individual as a subcontractor, agent or associate: The higher of thirty (30) times the daily rate paid or payable by you to that individual, firm or company for the services for which they are engaged or 50% of the total fees or other remuneration paid by MAKE UK to that individual, firm or company in the 12 month period up to the date of their engagement by you.

11.    Liability and Insurance

11.1  MAKE UK will not be liable to you in any circumstances for any property damage or for any indirect or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation, loss of anticipated savings or lost data whether caused by MAKE UK’s negligence, the negligence of their employees or agents or otherwise. MAKE UK will not be liable to any party other than you, the member.

11.2 MAKE UK’s aggregate liability including the liability of their partners, agents, subcontractors and employees in respect of any services provided to you by MAKE UK in connection with your membership will be limited to the annual membership fee payable by you.

11.3  MAKE UK’s total liability to you will be limited to 4 times the annual membership fees payable by you, or £10,000 (whichever is the lower amount).

11.4 You accept that the limitations of MAKE UK’s liability set out above are reasonable. Nothing  in  these  terms  will  limit  or  exclude  MAKE UK’s  liability  for  death  or personal injury arising as a result of MAKE UK’s negligence.

12.    Intellectual Property and Confidentiality

12.1  All intellectual property rights of any nature (including copyright) created or provided by MAKE UK or its employees or Associates shall be and remain the property of MAKE UK and any such materials shall be licensed to you for your internal use only.

12.2  You undertake to keep all Publications materials created by MAKE UK confidential and not to copy, publish or distribute any such information, materials or documents to any third party without MAKE UK’s prior written consent (save where such information is in the public domain or you are required to disclose such information by law).

12.3  Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees or subcontractors who need to know such information or where the other party has consented to such disclosure.

12.4  MAKE UK shall be entitled to use any member’s information in its general reports or for the purpose of collating information about its members and employers generally provided that MAKE UK shall obtain your consent before publishing your name or information which allows you to be specifically identified.

13.    General

13.1  Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so.

13.2  MAKE UK and the member are independent of each other and nothing in these terms shall be taken as creating a relationship of agent to principal, employer to