Terms and Conditions of Memberships.
In these Terms and Conditions of Membership, references to “we“, “our” or “us” means Wisestone Consulting Ltd, trading as Fire Aware, whose registered office is at 23 Pattison Lane, Woolstone, Milton Keynes, England, MK15 0BL, (Company Registration Number: 12398166). “you, your, the Company” means the person(s) or body who or which applies to have a Company membership with us under our Fire Aware Scheme Company Membership, (the “Scheme“). “Website” shall mean www.fireaware.org and all associated websites and web pages.
Fire Aware’s purpose is to promote the moral awareness of the importance of fire safety in the built environment. Fire Aware is a Membership organisation that seeks to become the nationally recognised collective identity of good moral behaviour in the delivery in fire safety.
In order to register for Membership with Fire Aware you must complete a Membership registration form and pay the appropriate Membership fees.
The Membership fee will remain fixed for one year from the date of registration.
Throughout the duration of the Membership, you shall be entitled to display the Fire Aware logo, along with any of the Membership products available in the “Shop” section on the Fire Aware website.
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Throughout the duration of your Membership you shall:
- immediately advise us of any change of ownership or control of your Company whether this is of the immediate owner or of a parent organisation;
- supply information relating to your Company to our employees, agents or representatives upon request or as otherwise required by these Terms;
- allow and facilitate access to our employees, agents or representatives to your office and sites during business hours, provided we give reasonable notice, for the purposes of any inspection, which we wish to carry out in connection with the Scheme or Membership under it;
- act upon any complaint that is received through us about your site or Company in a prompt and acceptable manner;
- allow us to list your company on a section of our website providing information about the Company’s performance against our Charter as well as any relevant comments made about the Company.
Failure to adhere to the standards as set out in the Charter may result in termination of your Membership.
Your Membership under the Scheme will immediately terminate upon the occurrence of any of the following events:
- completion of the Membership duration of one year from date of registration;
- You shall be entitled to terminate Membership at any time by giving at least thirty 30 days notice in writing. In this event there will not be a refund of Membership fees;
- as a result of any change in ownership or control of your Company, whether this is in relation to the immediate owner or any parent organisation;
- if your Company goes into liquidation other than a voluntary liquidation for purposes of reconstruction or if a manager, receiver, administrator or encumbrancer takes possession of or is appointed over the whole or a substantial part of the Company’s assets or if you enter into an arrangement or composition with or for the benefit of your creditors (including any voluntary arrangement) or a petition is presented or a meeting is convened for the purpose of making an administration order or if you cease to carry out your business or if you become insolvent.
We shall be entitled to terminate the Membership forthwith by notice in writing:
- where you have not paid any applicable Membership fees or additional fees (or part thereof) which has accrued due to us under these Terms or any other agreement with us with respect to the payment thereof;
- following any material breach by you of these Terms and (if such breach is remediable) failure to remedy that breach within a period of thirty (30) days after receipt of notice in writing requiring you to do so;
- Your failure to correct any unacceptable performance;
- Your failure to satisfactorily deal with a complaint notified to you by the Scheme;
- In the event of termination we reserve the right to list the Company on our website stating that Membership has ceased and giving the reasons for this.
On termination of a Membership, howsoever caused, you shall immediately:
- at your own expense remove all Membership products from the office/site(s) and dispose of them in an acceptable manner;
- make no further use of, and withdraw from circulation, any documents or other material (including, but not limited to, headed writing paper and promotional brochures) showing our logos or otherwise, accepting a previous award logo indicating an existing or past award;
- make no further representation, in any form other than a previous award logo that the Company holds or has held during Membership.
The copyright and all other rights, title and interest in any report prepared by us or our representatives shall vest in us for the full period of copyright and we shall be able to use the information contained in any such report.
As a Fire Aware Member you agree to adhere to the standards as set out in the Fire Aware Charter (“Charter”) relevant to you. By signing this Charter you agree to ensure that all individuals representing your organisation are aware of their responsibilities under the Charter and agree to adhere to the standards contained within the Charter.
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You shall ensure that you comply with all laws and regulations in connection with any promotion of the Scheme.
You warrant, represent and undertake compliance with all legal requirements relating to the activities of your Company at its office/site(s), without limitation, any requirements relating to the safety of those persons having access to the offices, site(s) are, and shall continue to be, complied with. You shall ensure that adequate insurance is maintained at all times to cover any liabilities of your Company, and will produce evidence of such insurances on request.
You acknowledge that our logos are our exclusive property and that you obtain no rights to or in the said logos other than such rights as are set out in these Terms and all other relevant terms and conditions or guidelines or are otherwise agreed in writing from time to time.
You warrant, represent and undertake that any information provided by you, your agents or representatives to us in relation to or in connection with the Company or its Membership under the Scheme is accurate and that you will notify us promptly of any changes to such information.
You hereby grant to us and our assignees or licensees an irrevocable non-exclusive, royalty free, transferable, free of charge licence to store, use, merge, modify, publish and reproduce (i) any details, information and photographs provided by or on behalf of you in relation to the Scheme; and (ii) the report and any information contained within; for all purposes in any and all media now existing or hereinafter invented throughout the world for the full period of any copyright existing in such including all renewals, reversions and extensions thereof. For the avoidance of doubt we shall not, subject to any obligations we may have under any other agreement, be obliged to exercise any of our rights under this clause.
The Fire Aware Scheme’s aim is to improve the image of fire safety by raising the moral and ethical standards of companies. The Scheme establishes the levels of performance through adherence to the Scheme’s Charters. Members of the Scheme are expected to attain levels of compliance with the Charters.
Should a complaint be received about the conduct of any Member, a thorough investigation will be carried out by a member of the Fire Aware team or a nominated representative. We will write to the Member highlighting the area(s) requiring attention and will request that appropriate action is taken to address the issue(s) highlighted in a timely manner.
If the issues highlighted are relatively minor, it is trusted that appropriate action will be taken and therefore no confirmation will be required by Fire Aware in these cases.
If the issues highlighted are considered to demonstrate major non-compliance with the Charter, Fire Aware will write to the Member highlighting the area(s) of non-compliance and will request that appropriate action is taken to address the issue(s) highlighted in a timely manner. For such instances, Fire Aware will require written confirmation that the issues highlighted have been addressed within 4 weeks. Should the areas of non-compliance requiring attention be deemed as critical, Fire Aware will request that appropriate action is taken to address the issues highlighted as a matter of urgency.
Should the area(s) of non-compliance not be addressed to the satisfaction of the Fire Aware team or a nominated representative, your membership of Fire Aware may be terminated with immediate effect.
These Terms supersede and replace any and all prior arrangements, whether oral or written, between us and you relating to Membership. No amendment to these Terms shall be effective unless agreed in advance in writing by us. We reserve the right to amend these Terms at any time. Our failure to enforce or rely on any of these Terms on a particular occasion or occasions will not act as a waiver of our rights there under and will not prevent us from subsequently relying on or enforcing them.
Nothing in these Terms shall confer, or is intended to confer, on any third party any benefit or the right to enforce any term under the Contracts (Right of Third Parties) Act 1999.
We shall not be deemed to be in default of any provision of these Terms as a result of our inability to perform these Terms because of circumstances beyond our control such as, without limitation, Act of God, fire, flood, unavailability of materials, strike, national calamity, lockout, war, terrorism attack, civil war, civil commotion, or riots, failure, interruption or impossibility of any telecommunications network or utility service, including but not limited to electric power, gas or water, non-performance by suppliers or sub-contractors or any order or enactment of legally constituted authority of any country.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Whilst we will use all reasonable endeavours to ensure the accuracy of any information compiled by us relating to you which is published above, you agree that we shall not be responsible for any errors or omissions in any written report, and that we shall not be liable for any loss, damage, cost or expense incurred by you as a result of any such error, publication of the report, the reliance of any 3rd party on the contents of the report or non-publication of the report. We shall, as a matter of goodwill, take all reasonable steps to rectify any errors made.