Terms and conditions for Individual membership
These terms and conditions override any contrary terms or conditions published by us in relation to any membership subscription between you and us.
Definitions and interpretation
1.1 The following terms have the references set out below:
“Membership Period”means a period of twelve calendar months (or other period where expressly agreed by the Ƶapp)
“Data Subject, Personal Data, Data Controller and Data Processor”shall have the meanings given to those terms respectively in the relevant Laws;
Ԩdz”and “your”means and refers to you as an individual
“We” and “our” and “us”refers to the Ƶapp
Membership Benefits
2.1Individual members have different benefits to those of Governing Boards. Details of the current Individual membership benefits.
2.2 We reserve the right to change the benefits that apply to Ƶapp membership at any time and without prior notice.
2.3 Each Individual is responsible for updating their details on the Ƶapp system using the membership management section of the website, to ensure that they can receive their full benefit entitlement.
2.4 The Ƶapp cannot guarantee places to members at every event and reserves the right to cancel a reservation and to cancel an event. The Ƶapp will not be responsible for any wasted costs arising out of cancellation.
2.5 Non-attendance, at face to face events without cancellation 48 hours prior to the event will incur a non-attendance fee of £60.00 for which you are liable.
2.6 Individual members will be charged £60.00 if they wish to attend the Ƶapp’s Summer Conference.
Membership Contract
3.1 Individual membership is solely available to volunteers (i.e. governors and trustees) where their governing board has not joined Ƶapp or the individual wants to have this additionally. Individual membership is not available to those who are a representative of any other person, company, or organisation and Ƶapp information and resources cannot be used for professional or commercial purposes. Therefore, it is not suitable for governance professionals/clerks, headteachers, trust central staff or anyone else who is employed by a school or academy trust.In this case Standard, GOLD or trust membership is suitable, as those are for the entire governing board or trust, including their governance professional and their executive leadership.
3.2 Membership costs are subject to change on an annual basis every January.
3.3 When submitting an application for membership or membership renewal whether online or by some other means, you will be required to accept these terms and conditions. Our acceptance of your application which will create a legally binding contract between you and the organisation you govern and the Ƶapp incorporating these terms and conditions.
3.3 Once the contract has been created you will be liable to pay the membership fee.
3.4 Your 12 calendar month membership for the Membership Period will start on the date of registration or agreed date for commencement of your membership subscription.
3.5 The Membership Period commences on the date of registration or agreed date for commencement of membership subscription.
3.6 The Membership Period will be 12 calendar months. Thereafter, the membership shall be automatically renewed for successive periods of the same length unless you notify Ƶapp of termination, in writing, at least 30 days before the end of the renewal period. Upon notice of termination the membership shall terminate upon the expiry date of the initial period or renewal period as applicable.
3.7 We reserve the right to terminate your membership on written notice if you fail to pay any amount due under this subscription on the due date for payment and remains in default over 30 days after an outstanding payment reminder has been issued.
3.8 In the event of termination of your membership for any reason, you shall pay in full for the services up to and including the date of termination.
3.9 An invoice will be issued one calendar month prior to the membership subscription renewal date.
Cancellation and Refund
4.1 Cancellation of membership can be made in writing toenquiries@nga.org.uk
4.2 Membership fees are not refundable on cancellation.
Publications, Resources, Website and Online Guidance Centre
5.1 All tools, materials and information available on the Ƶapp website as part of its membership offer are for your private use only and must not be used directly or indirectly for commercial purposes of any kind without our prior written consent.
5.2 All Ƶapp publications provided to you as part of your membership offer are for your private use only and must not be used directly or indirectly for commercial purposes of any kind without our prior written consent.
5.3 By becoming a member of the Ƶapp, you agree that you will not pass on or publish any Ƶapp guidance or information to any third parties without seeking advance written permission from the Ƶapp.
5.4 Unless otherwise stated Ƶapp own the copyright and any other intellectual property rights in all material on the Ƶapp website and in our publications (or are licensed to use the same). Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on this website, as well as other content such as articles and other text.
5.5 Whilst we try to ensure that the information on this website and in associated publications is current and correct no undertaking, representation, warranty or other assurance, express or implied, is made or given by or on behalf of the Ƶapp as to the reliability, accuracy or completeness of the information, opinions, advertising, data or other materials contained on this website or the advice. No responsibility or liability is accepted by Ƶapp for any such information, opinions, advertising or data.
5.6 Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only, we have no control over the contents of those sites or resources.
5.7 Written requests to use the information available on this website for commercial purposes may be submitted via email to enquiries@nga.org.uk and should not be used until written agreement from the Ƶapp is obtained.
Data Protection
6.1 Each party shall where applicable only process Personal Data as defined in Section 1 (1) of the Data Protection Act 2018 for the purpose of fulfilling its obligation under this contract or in accordance with the express written instructions of the other. Ƶapp’s Membership Privacy Notice can be found on the Ƶapp website.
6.2 Ƶapp will only process data that is relevant to Ƶapp membership services and is required in order to deliver Ƶapp membership services. A full list of Ƶapp membership services can be found on the Ƶapp website.
6.3 Ƶapp shall:
6.3.1 process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments;
6.3.2 take all appropriate technical and organisational measures against the unauthorised or unlawful processing of the Personal Data and against the accidental loss or destruction of, or damage to, the Personal Data;
6.3.3 notify the Client immediately if it becomes aware of any unauthorised or unlawful processing, loss of, damage to or destruction of the Personal Data;
6.3.4 not store, process or transfer any Personal Data outside of the European Economic Area; and
6.3.5 ensure that all staff and others involved with processing any Personal Data, including Access Group, are subject to a relevant duty of confidentiality in respect of the Personal Data.
6.4 The following types of Personal Data of the user may be shared between the parties during the term of this Agreement:
-full name
-full postal address
-email address
-telephone/mobile number(s)
-job role(s)
-governance role(s)
-school(s) at which they govern, clerk or otherwise represent
-when they became a user
-when they ceased to be a user
-information provided about themselves in connection with their membership or in connection with their use of the membership portal of the Ƶapp website.
(“Shared Personal Data”).
6.5 For individual membership Ƶapp shall ensure that adequate consent has been obtained in order to perform Ƶapp obligations and that a copy of such consent is retained for as long as is reasonably necessary (and not more).
6.7 Ƶapp shall procure that the following organisations or their successors shall implement and maintain during the subsistence of this Agreement all reasonable security measures to ensure that Personal Data provided by the Client may not be subject to unauthorised access, alteration or deletion. These organisations will be bound by the same data protection conditions as are included in these Ƶapp Membership terms and conditions:
- Spire Business Management Systems (Ƶapp’s database provider)
- Surftech IT (Ƶapp’s IT services provider)- Dreamscape (Ƶapp’s website provider)
- Smart Survey (for Ƶapp surveys, optional for members)
- Survey Monkey (for Ƶapp surveys, optional for members
- CPUK (distribute the Governing Matters magazine)
6.7 Each party must ensure compliance with applicable national data protection laws at all times during the Term of this Agreement.
6.8 Each party warrants that it has a valid registration with the Information Commissioner’s Office which, by the time exchange of any Shared Personal Data is expected to commence, covers the intended data sharing pursuant to this Agreement, unless an exemption applies.
6.9 Each party warrants and undertakes that it will:
6.10.1 process any Shared Personal Data in compliance with all applicable Laws, enactments, regulations, orders, standards and other similar instruments that apply to its Personal Data processing operations;
6.10.2 make available upon request to data subjects who are third party beneficiaries a copy of this Agreement, unless the clause contains confidential information;
6.10.3 respond within ten working days and as far as reasonably possible to enquiries from the relevant data protection authority in relation to the Shared Personal Data;
6.10.4 respond to Subject Access Requests in accordance with the privacy and data protection laws;
6.10.5 where applicable, maintain registration with all relevant data protection authorities to process all Shared Personal Data for the Agreed Purpose
6.11 Ƶapp will securely process data throughout the term of the agreement. Ƶapp will securely destroy all Personally Identifiable Data within three months of the termination of the agreement.