Terms & conditions

NECA MEMBERSHIP | HSEQ SUBSCRIPTIONS | NECA WEBSITE

TERMS AND CONDITIONS - NECA MEMBERSHIP (VIC CHAPTER)

1. Background

1.1 The National Electrical Contractors Association, trading as National Electrical and Communications Association Victoria Chapter, ABN 38 881 083 819 (NECA) is the peak body for electrical contractors and communications contractors in the electrotechnology industry (the industry) in Victoria.
1.2 NECA provides its Members with key services including Technical advice, Industrial Relations representation, Workplace Relations advice, Health & Safety advice, Renewables accreditation and Advocacy on behalf of Members and the industry.
1.3 The Member carries on business as a Contractor in the industry.
1.4 The Member is the person or business or company entering into this Agreement with NECA.
1.5 The terms ‘Member” and “You” are interchangeable and have the same meaning for the purposes of this Agreement.
1.6 NECA has agreed to grant membership on the terms and conditions of this Agreement.
 

2. Membership Subscription Fee 

2.1 The annual Membership Subscription Fee (subscription fee) is calculated in accordance with the size/category of your business, as set out here: https://neca.asn.au/vic/subscription-rates. The schedule of categories and subscription fees may be altered from year to year at NECA’s sole discretion.
2.2 You agree to an automatic rollover of your membership from year to year unless you choose to opt out by notifying us in writing no later than 1.00 pm (AEST) on the final day of your current membership subscription period. Your fee will be determined by reference to the appropriate category that aligns with the number of employees you have identified and communicated to us.

3. Subscription Fee payment

3.1 You have the option of paying an upfront annual membership subscription fee, or you may elect to pay by monthly or quarterly instalments for the 12- month subscription period (billing period).
3.2 When paying by direct debit, you provide consent so that we can debit the amount that you owe us for the billing period, directly from a bank account or credit card (a surcharge may apply) nominated by you.
3.3 We will set up the direct debit from your nominated bank account once you have set up a direct debit arrangement and agree to the terms of the Direct Debit Authority.
3.4 The due date for direct debit payment is stated on the invoice (due date). 
3.5 On the due date, we will debit your nominated account for the amount due. 
3.6 If the due date falls due on a day, which is not a business day in Victoria, the debit will occur on the next business day.
3.7 Where a monthly direct debit instalment arrangement has been selected, the annual fee will be taken to have been incurred on the date of renewal, but you will be permitted to make payment of the annual membership subscription fee in twelve equal monthly instalments over the subsequent 12 month period.
3.8 Where a quarterly direct debit instalment arrangement has been selected, the annual fee will be taken to have been incurred on the date of renewal, but you will be permitted to make
payment of the annual subscription fee in four equal quarterly instalments over the subsequent 12 month period. 
3.9 Any pricing changes made by NECA from time to time, will automatically apply on renewal of the annual membership subscription.

4. Default in Payments

4.1 If an account remains outstanding at any time after the due date, or if the Direct Debit fails or is dishonoured by your financial institution, you have 7 days from the due date to remedy the non-payment. 
4.2 Failure to remedy the non-payment within time, will result in NECA at its discretion and without further notice, suspending or cancelling your NECA membership and any associated services, including but not limited to, NECA’s Fuel Card Scheme and any applicable subscription-based services.
4.3 You will be in default, if the direct debit payment fails or is dishonoured by your banking institution.
4.4 If you are in default, you will be liable to NECA for the following:
a. Immediate payment of the unpaid amount of the full subscription, which shall be automatically debited from your nominated account;
b. Any new amount in respect of purchases and/or fees incurred by you (whether to NECA or any related or associated entities) after the due date;
c. All dishonour fees associated with the failed or dishonoured direct debit;
d. All legal costs (on an indemnity basis); and
e. Administrative costs incurred by NECA in attempting to enforce payment.

5. Member Obligations

5.1 You agree to notify NECA when bank account details being direct debited are varied. Any variations to account details will require you to update banking or credit card details in the Member Portal.
5.2 You undertake to ensure that all mandatory information in your Member Portal remains up-to-date at all times.
5.3 You agree to notify NECA when the business is sold, or where there is a change of ownership or name. To ensure continuity of the service, the new/current proprietors, partners or directors of the business are required to update details in the Member Portal. 
 

6. Cancellation                                                                                

6.1 To cancel your direct debit instalment arrangements with NECA, you must arrange a suitable alternative payment method and pay the balance of any outstanding instalment fees, before we will cancel your direct debit instalment arrangements.
6.2 To cancel your annual membership, you are required to notify NECA in writing. If you are paying by monthly or quarterly direct debit instalments and cancel before the end of the 12 month membership subscription period, you must pay us all of the remaining instalments and all other amounts that you owe us at the time of cancellation.
6.3 To the extent permitted by law, payments are non-refundable.
6.4 NECA does not provide refunds or credits for any partial subscription periods or ancillary charges incurred.
6.5 Upon cancellation, all of your membership benefits will be cancelled. 
6.6 Upon cancellation, you cannot use any NECA stationery and associated collateral.
You must remove all NECA logos, devices and registered insignia from vehicles, shop windows or other places owned or controlled by you, that could give a misleading impression to others that you are still a member of NECA.
 

7. Variation

7.1 NECA reserves the right to vary these terms and conditions at any time, without providing you notice and without obtaining your consent.
 

8. Direct Debit Service Provider

8.1 NECA, in its sole discretion, reserves the right to change its direct debit service provider which administers NECA’s direct debit systems, without providing you notice and without obtaining your consent. 
8.2 You agree to sign all relevant documents to give effect to these provisions. 
8.3 You further agree to the terms and conditions of NECA’s nominated Direct Debit Service Provider. 
 

9. Limitation of Liability

9.1 NECA will not under any circumstances be liable, whether directly or indirectly, for:
a. Any products supplied by any of NECA’s related or associated entities or other supplier of products who have provided such products to you; or
b. Any services provided by any of NECA’s related or associated entities or other supplier of services who have provided such services to you.
9.2 To the extent that these terms and conditions excludes, modifies or restricts any right or remedy imposed by legislation which cannot be lawfully excluded or limited, NECA limits itself to the replacement of any product and/or service provided, or the cost thereof.
9.3 To the maximum extent permitted by law, NECA is not liable for any indirect, consequential, incidental or punitive damages or loss of profits or revenue.
9.4 You acknowledge that for the purposes of this Agreement, NECA is not acting as a supplier of any product or services purchased by you when contracting with any of NECA’s service providers or suppliers.
 

10. Termination

10.1 NECA may terminate this Agreement immediately without prior notice if you:
a. Are in default pursuant to clause 4; 
b. Disparage NECA, or in the reasonable opinion of NECA, causes genuine distress to any of NECA’s employees, agents, sponsors or generally bring the name of NECA or the industry into disrepute; or
c. Go into liquidation, receivership, administration, bankruptcy, enter an arrangement or compromise with creditors or have any form of insolvency administrator appointed.
 

11. Severance

11.1 Any provision in this Agreement that is void, illegal or unenforceable will be ineffective to the extent only of such voidness, illegality or unenforceability and the other provisions of this Agreement will continue in effect.
 

12. Privacy

12.1 In accordance with the Privacy Act 1988 (Cth), NECA will provide and export personal information about you to third parties and Members of NECA, including NECA’s related entities and NECA’s sponsors, for the purpose of:
a. providing access to and use of the products and services to you;
b. providing to you customer support, billing and other similar activities related to the products and services provided by NECA, or its associated and related entities, service providers and Sponsors; 
c. keeping you and your employees informed about products, services, offers and upcoming events provided by NECA, or its associated and related entities, service providers and Sponsors; and
d. to improve NECA’s products and services.
 
12.2 NECA may also provide your personal information to third parties for the purpose of providing you with direct marketing offers which NECA may think may be of interest to you.
12.3 If you do not wish to receive information about other products and services, offers and events, please notify our Administrator in writing, sent to necavic@neca.asn.au.
 

13. Jurisdiction

These terms and conditions shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria and the parties consent to such jurisdiction.

June 2020

 

TERMS AND CONDITIONS – HSEQ SUBSCRIPTIONS

Background

A. The National Electrical Contractors Association, trading as National Electrical and Communications Association Victoria Branch ABN 38 881 083819 (NECA) is the peak body that represents the best interests of electrical contractors and communications contractors in the electrotechnology industry (the industry) in Victoria.

B. NECA is the owner of the Victorian version of NECA HSEQ Management System (HSEQ System) which has been specifically designed to serve the industry, with the aim of improving health safety and environmental quality for contractors in the industry.

C. The Subscriber is a contractor in the industry and a member of NECA (the Subscriber)

D. NECA has agreed to provide the HSEQ System to the Subscriber, on the terms and conditions of this Agreement.

1. Definitions and Interpretation

1.1  In this Agreement the following terms shall, unless the context otherwise requires, have the following meanings:

a.) Agreement means this Agreement and any document that varies or supplements it.

b.) Agent means the company with which NECA has made a formal agreement for the collection of payments for its products and services.

c.) Authorised Use means the use of the HSEQ System by those authorised for internal training, management and safety compliance purposes only.

d.) Commencement Date means the date when a company profile is activated on the NECA Online HSEQ System.

1.2 Confidential Information means any information:

a.) relating to the business of NECA in the provision of the HSEQ System;

b.) belonging to NECA which is designated as being confidential; or

c.) belonging to NECA which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential, which is disclosed by NECA , directly or indirectly, or otherwise comes to the knowledge of that party in relation to or in connection with this Agreement, whether that information is in oral, visual or written form or is recorded or embodied in any other medium.

1.3 Initial Fee means an up-front, fee to set-up the HSEQ System.

1.4 Intellectual Property means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, look and feel, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields.

1.5 HSEQ System means NECA’s health and safety system the Subscriber chooses to subscribe which includes the HSEQ Safety Management System and associated safety documentation.

1.6 Subscription means access to the HSEQ System as identified in the Member Portal.

1.7 Subscribership Fee means the annual fee for access to the HSEQ System, as identified in the Member Portal.

1.8 Unauthorised Use shall mean any and all of the following activities:

a.) any use of the HSEQ System by anyone other than an authorised user;

b.)any commercial use of the whole HSEQ System or in part, by a Subscriber and/or any unauthorised user.

1.9 The words “Subscriber” and “You” are interchangeable and have the same meaning for the purposes of this Agreement.

1.10 The words “NECA” and “Us” are interchangeable and have the same meaning for the purposes of this Agreement.

2. Period of Subscription 

The subscription year is for a period of 12 months commencing on the date of joining (the billing period).You agree to an automatic rollover of your subscription from year to year unless You choose to opt out by notifying Us in writing no later than 1:00pm (AEST) on the final day of your current subscription period.  

3. Fees and Payments

3.1 You must pay NECA the Initial Fee identified in the Member Portal, pursuant to the Direct Debit Request Service Agreement.

3.2 You must also pay NECA the Subscription Fee identified in the Member Portal. You have the option of paying an upfront annual Subscription Fee or You may elect to pay by monthly instalments for the 12-month subscription period (billing period).

3.3 When paying by direct debit, You provide consent so that we can debit the amount that You owe us for the billing period, directly from a bank account or credit card (a surcharge may apply) nominated by You.

3.4 We will set up the direct debit from your nominated bank account once you have set up a direct debit arrangement and agree to the terms of the Direct Debit Authority.

3.5 The due date for direct debit payments is stated on the invoice (due date).

3.6 On the due date, we will debit your nominated account for the amount due.

3.7 If the due date falls on a day, which is not a business day in Victoria, the debt will occur on the next business day. 

3.8 Where a monthly direct debit instalment arrangement has been selected, the annual fee will be taken to have been incurred on the date of renewal, but You will be permitted to make payment of the annual Subscription Fee in twelve equal monthly instalments over the subsequent 12 month period.

3.9 Any pricing changes made by NECA from time to time, will automatically apply on renewal of the annual subscription.

3.10 Upon payment of the Subscription Fee, your subscription commences immediately.

3.11 You acknowledge and agree that if a subscription is cancelled or rescheduled for any reason, you shall not be relieved of any of your obligations under this Agreement.

3.12 You acknowledge and agree that if your subscription is cancelled or terminated, any future subscriptions to the HSEQ System will be treated as a new subscription and will therefore incur an additional Initial Fee, as identified in the Member Portal at that time.

3.13 The due date for payments is nominated on the invoice.

3.14 If an account remains outstanding at any time after the due date, or if the direct debit fails or is dishonoured by your financial institution, You have 7 days from the due date to remedy the non-payment.

3.15 Failure to remedy the non-payment within time, will result in NECA at its discretion and without further notice, suspending or cancelling your subscription.

3.16 You will be in default, if the direct debit payment fails or is dishonoured by your banking institution.

3.17 If You are in default, you will be liable to NECA for the following;

a.) Immediate payment of the unpaid amount of the full subscription, which shall be automatically debited from your nominated account;

b.) All dishonour fees associated with the failed or dishonoured direct debit;

c.) All legal costs on an indemnity basis; and

d.) Administrative costs incurred by NECA in attempting to enforce payment.

4. Variation

4.1 NECA reserves the right to vary these terms and conditions at any time.

5. Your Obligations

5.1 The subscription shall be used by you for authorised use only and only for the purposes as set out in this Agreement.

5.2 You agree to notify NECA when the details of bank accounts being direct debited are varied. Any variations to account details will require you to update your banking or credit card details directly in the Member Portal.

5.3 You undertake to ensure that all mandatory information in the Member Portal always remains up to date.

  • You must notify NECA when there is a change of business ownership or name, but you may not otherwise sell, sublicence or assign your rights under this Agreement.  For continuity of the subscription service, the new/current owners, partners or directors are required to update details in the Member Portal.

6. NECA’s Obligations

6.1 NECA will use its best endeavours to provide the Subscriber with instructions on the use of the HSEQ System.

7. Cancellation

7.1 To cancel your direct debit instalment arrangements with NECA, You must arrange a suitable alternative payment method and pay the balance of any outstanding instalment fees, before we can cancel your direct debit instalment arrangements.

7.2 To cancel your annual subscription, you are required to notify NECA in writing. If you are paying by monthly direct debit instalments and cancel before the end of the 12-month subscription period, You must pay us all of the remaining instalments at the time of cancellation.

7.3 To the extent permitted by law, payments are non-refundable.

7.4 NECA does not provide refunds or credits for any partial subscription period.

8. Direct Debit Service Provider

8.1 NECA in its sole discretion reserves the right to change its direct debit service provider which administers NECA’s direct debit systems, without providing You notice and without obtaining your consent.

8.2 You agree to sign all relevant documents to give effect to these provisions.

8.3 You further agree to the terms and conditions of NECA’s nominated Direct Debit Service Provider.

9. Intellectual Property

9.1 NECA grants You a non-exclusive, non-transferable, royalty free licence for the billing period to use NECA’s Intellectual Property strictly for the purposes of performance of this Agreement. 

9.2 All intellectual property contained in the NECA Vic HSEQ System is the property of NECA. 

10. Confidentiality

10.1 Neither party may disclose any Confidential Information of the other party without obtaining the prior written consent of the other party.

10.2 A party may disclose any Confidential Information:

a.) to its employees, officers and agents on a need to know basis provided that they comply with the obligations of this Agreement;

b.) if required to do so, to the extent that the disclosure is required by law; and

c.) to any professional advisors.

11. Warranties

11.1 NECA warrants that it has full power, capacity and authority to enter into and perform its obligations under this Agreement.

11.2 You warrant to NECA that you have the full power, capacity and authority to enter into and perform the obligations under this Agreement.

12. Indemnities

12.1 You agree to indemnify and keep indemnified NECA against any liability, actions, claims, demands, damages, costs and expenses incurred or suffered by NECA in connection with or arising in any way out of the Agreement, including but not limited to any breach by You of the terms of this Agreement.

13. Limitation of Liability

13.1 NECA will not under any circumstances be liable, whether directly or indirectly, for any products or services supplied by NECA or related, associated entities who have provided such products and services to You.

13.2 To the extent that these terms and conditions exclude, modify, or restrict any right or remedy imposed by legislation which cannot be lawfully excluded or limited, NECA limits itself to the replacement of any product and/or service provided or the cost of any replacement 

13.3 To the maximum extent permitted by law, NECA is not liable to You for indirect, incidental, special, consequential or punitive loss or damages howsoever arising.

14. Termination

14.1 NECA may terminate this Agreement immediately without prior notice if You:

(a) are in default pursuant to clause 3;

(b) go into liquidation, receivership, administration, bankruptcy, enter an arrangement or 
compromise with creditors or have any form of insolvency administrator appointed.

14.2 Without prejudice to any other rights it may have, either party may terminate this Agreement by notice in writing to the other party in the following circumstances:

a.) The other party is in breach of any of the terms of this Agreement and fails to remedy the breach within 7 days after the date on which written notice of the breach has been served on the other party, and

b.) Either party goes into liquidation, receivership, administration, bankruptcy, enters an arrangement or compromise with its creditors or has any form of insolvency administrator appointed.

15. Severance

15.1 Any provision in this Agreement that is void, illegal or unenforceable will be ineffective to the extent of such voidness, legality or unenforceability and the other provisions of this Agreement will continue to take effect.

16. Privacy

16.1 In accordance with the Privacy Act 1988 (Cth) NECA will provide and export personal information about You to third parties and Members of NECA, including associated and related entities, service providers and sponsors for the purposes of:

a.) providing access to and use of the products and services to You;

b.) providing you with customer support, billing and other similar activities related to the products and services provided by NECA, or its associated and related entities, service providers and sponsors; 

c.) Keeping your employees informed about products, services, offers and upcoming events provided by NECA or its associated and related entities, service providers and sponsors; and

d.) To improve NECA’s product and service offerings. 

16.2 NECA may also provide personal information to third parties for the purpose of providing You with direct marketing offers which NECA may think may be of interest to you.

16.3 If you do not wish to receive information about other products and services, offers and events please notify Member Services at necavic@neca.asn.au

17. Jurisdiction

17.1 These terms and conditions shall be governed by the laws of Victoria and are subject to the jurisdiction of the Courts of Victoria and the parties’ consent to such jurisdiction.

TERMS AND CONDITIONS - NECA WEBSITE

These terms and conditions govern your use of the National Electrical and Communications Association (NECA) website. Please read the terms in full before you use this website. If you do not accept these terms, please do not use this website. Using the website implies that you accept these terms.

1. Site Access

1.1 You will be able to access the majority of this website without having to register any details with us. [However, particular areas of this website will only be accessible to registered members.]

2. Use of Website

2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

2.3 Subject to paragraph 2.1, no part of this website may be reproduced without our prior written permission.  

3.  Site Uptime

3.1 We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

3.2 This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so. 

4. Visitor Conduct 

4.1 Any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes. 

5. Links To and From Other Websites

5.1 Any links to third party websites located on this website are provided for your convenience only.  We have not reviewed each third party website and have no responsibility for such third party websites or their content.  We do not endorse the third party websites or make representations about them or any material contained in them.  If you choose to access a third party website linked to from this Website, it is at your own risk.

5.2 If you would like to link to this website, you may only do so once you have received formal approval, please email your request to barry.jackson@neca.asn.au. If you are granted approval, it shall be on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:

a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

b) you do not misrepresent your relationship with us or present any false information about us;

c) you do not link from a website that is not owned by you; and

d) your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law.

5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

6. Exclusion of Liability 

6.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liability or  responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.

6.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law.

 

December 2013