Terms & conditions | NECA

Terms & conditions

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 - 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