TERMS AND CONDITIONS OF AFFILIATION
Last update: December 2017
England Squash Affiliation ("Affiliation") is the scheme through which individual squash clubs (“you” and “your” shall be construed accordingly) can become affiliated to England Squash Limited a company registered in England and Wales with company number 02411107 whose registered office is at the National Squash Centre, Manchester, M11 3FF, United Kingdom ("England Squash").
References to "We", "Us" and "Our" should be construed as references to England Squash
1. APPLICATION FOR AFFILIATION
1.1 In order to apply for Affiliation, you must first obtain an application form by emailing email@example.com with ‘Affiliation’ in the subject heading. Once obtained, you will need to complete the application form and then submit it to England Squash by attaching it to an email and sending it to the same email address firstname.lastname@example.org and using the same subject heading. You will also need to pay to England Squash the Initial Affiliation Fee (as defined in clause 5.1) in relation to your first year of Affiliation, in accordance with clause 5 of these terms and conditions (“Terms”).
1.2 Following receipt of your application for Affiliation (to be completed to our satisfaction) and the Initial Affiliation Fee (both referred to in clause 1.1 above), We will review and consider whether to accept or reject it. We reserve the right to reject any application for Affiliation, at our sole discretion (including but not limited to non-payment of the Initial Affiliation Fee).
1.3 We shall notify you whether We accept or reject your application for Affiliation in writing via email.If your application is accepted in accordance with this clause 1.3, you will become affiliated with England Squash immediately upon our notification ("Affiliated Club"). If your application is rejected in accordance with this clause 1.3, We shall instruct our bankers to refund the Initial Affiliation Fee as soon as reasonably practicable to the bank account nominated in your application form.
2. ACCEPTANCE OF TERMS
2.1 By making an application for Affiliation in accordance with clause 1.1, you confirm that you have read and understood and agree to be bound by and abide by these Terms at all times (in each case as updated or amended) and any additional rules or terms relating to your Affiliation communicated to you from time to time. You also acknowledge any rule and/or terms and conditions are subject to reasonable change from time to time and you agree to comply with any such changes. In addition, you acknowledge and agree that the website terms and conditions available here shall govern your use of Our website.
2.2 Prior to sharing with Us any personal data (as defined in the Data Protection Act 1998 and the General Data Protection Regulation 2016 as applicable) relating to Affiliated Club members, you will be required to agree to the Data Sharing Conditions available here, which govern the terms on which Affiliated Clubs and England Squash share personal data with each other.
2.3 Without prejudice to the generality of clause 2.1, we may revise these Terms from time to time in the following circumstances:
2.3.1 changes in relevant laws and regulatory requirements; and/or
2.3.2 if it is no longer commercially viable for Us to offer any aspect of Affiliation, including but not limited to any Affiliation Benefits (see clause 7 for further information on Affiliation Benefits available to Affiliated Clubs).
AFFILIATION AND RENEWAL
3.1 England Squash shall charge you (amongst other fees that become payable in accordance with these Terms):
3.1.1 the Initial Affiliation Fee upon joining (as referred to in clause 1.1); and
3.1.2 an Affiliation Fee upon each renewal (as referred to in this clause 3),
(each term as defined in clause 5.1 below).
3.2 Your Affiliation shall start from the date We notify you of our acceptance of your application in accordance with clause 1.3 and shall continue for the next 12 consecutive month period (“Affiliation Year”), unless terminated or suspended earlier in accordance with these Terms.
3.3 You can only renew your Affiliation for one additional Affiliation Year at a time. You will receive a reminder email from Us 60 days prior to the expiry date of your current Affiliation Year requesting your total number of members to be updated on your Club Dashboard. You must update your total number of members (noting England Squash’s rights at clause 3.11) within 30 days of our email request.
3.4 Following receipt of your email in accordance with clause 3.3, an invoice will be issued by Us at least 30 days prior to the expiry date of your current Affiliation Year for an amount equal to your Affiliation Fee (for your next Affiliation Year) based on the member numbers you supplied. We will also advise you of any outstanding Affiliation Fees (for example, those that may become payable in accordance with clause 3.8 and/or clause 3.10). You must pay the relevant Affiliation Fee (for your next Affiliation Year) and any outstanding Affiliation Fees on or before the expiry of your current Affiliation Year.
3.5 Following receipt by England Squash of your renewal email and payment of the relevant Affiliation Fee and any outstanding Affiliation Fees (in accordance with clause 3.3 and clause 3.4), your Affiliation shall be renewed for another Affiliation Year starting immediately upon expiry of the previous Affiliation Year.
3.6 To be clear, your Affiliation can only be renewed for a year at a time and you must repeat the procedure in clause 3.3 and clause 3.4 for every renewal. If you do not follow the procedure in clause 3.3 and clause 3.4 (including by not responding to Our renewal email) your Affiliation shall expire on the last day of your Affiliation Year.
3.7 At our discretion, We may change the expiry date of your Affiliation Year in agreement with any reasonable request put forward by the Affiliated Club or to support changes to our administration of club Affiliations. In either case, We shall notify you in writing with details of your new Affiliation Year.
3.8 If, following the change referred to at clause 3.7 above, there are less than 60 days before the new expiry date of your Affiliation Year, the procedure in clause 3.3 and 3.4 shall still apply for renewal but We shall (acting reasonably) notify you via email as to the relevant timings.
3.9 If the expiry date of your Affiliation Year is brought forward pursuant to clause 3.7, you shall not be entitled to a refund of any Affiliation Fee paid to date, however, if the expiry date is extended, We shall, acting reasonably, calculate and notify you of any additional Affiliation Fee that becomes payable.
3.10 Subject to clause 7, all Affiliated Clubs are entitled to receive the services and benefits listed on the webpage from time to time that can be accessed via the link: www.englandsquash.com/membership/clubs.
3.11 Affiliated Clubs must maintain an up to date record of its members ("Record of Members") via the Administration System (as defined in clause 4.1 below) and you must use this system to update and notify England Squash of any changes to your number of members. If it comes to England Squash’s attention that you have a larger number of members than reported in your Record of Members and/or the Administration System, England Squash reserves the right to suspend or terminate your Affiliation with immediate effect and to charge you an additional Affiliation Fee that would have been payable in accordance with clause 5 had the true number of members been notified to England Squash at the relevant time.
4. MEMBERSHIP ADMINISTRATION SYSTEM
4.1 Affiliated Clubs must manage their Affiliation, including inputting individual member data and using our online membership administration system and England Squash Club Dashboard available here (the “Administration System”). England Squash will issue Affiliated Clubs with login details for the Administration System following the acceptance of their application for Affiliation under clause 1.3.
4.2 Each Affiliated Club will appoint a minimum of one designated point of contact who will be responsible for maintaining the Record of Members and operating the Administration System, on behalf of the Affiliated Club.
4.3 Affiliated Clubs will be solely responsible for ensuring the integrity and security of all login credentials issued by England Squash under clause 4.1 and will immediately notify England Squash if these are lost or become otherwise compromised.
5. FEES AND PAYMENT
5.1 You shall pay an affiliation fee in relation to your Affiliation for every Affiliation Year, in accordance with this clause 5 ("Affiliation Fee"). The Affiliation Fee payable upon joining shall be referred to as the "Initial Affiliation Fee". An Affiliation Fee shall be payable upon every renewal of Affiliation, in accordance with clause 3.
5.2 Each Affiliation Fee shall be calculated using the annual affiliation fees that are currently in force at the expiry of the relevant Affiliation Year. The annual affiliation fees are those agreed by the Board annually between September and August and set at different thresholds depending on how many members an Affiliated Club has. The current annual affiliation fees can be accessed here. The Board shall also inform the Council (being the representative body of Affiliated Clubs) of the current annual affiliation fees.
5.3 All Affiliation Fees and any other sums due to England Squash under these Terms shall be payable to:
England Squash Limited, Account number 50072109, Sort Code 40-11-56
or such other bank account notified to you by England Squash in writing.
5.4 The County Association which you are affiliated to may charge Affiliated Clubs an annual levy per individual senior and junior member (the “County Levy”).
5.5 The County Association will determine whether the County Levy is to be collected by England Squash or themselves. Should the County Levy be collected by England Squash, We shall provide you with written notice of this and you must pay these monies to Us direct in addition to the Affiliation Fee. Any payment of the County Levy made to England Squash direct shall be treated as a payment of the County Levy to the County Association. Should the County Association wish to collect the County Levy themselves, they will contact you directly on this matter.
5.6 If an Affiliated Club's number of members reduces at any point during an Affiliation Year, England Squash will not be liable to refund any part of the Affiliation Fee and/or County Levy that the Affiliated Club has paid.
5.7 If England Squash does not receive any Affiliation Fee, any County Levy or any other payment that is payable under these Terms within 14 days of the due date for payment, England Squash may suspend or terminate the Affiliated Club's Affiliation, with immediate effect.
6. CHANGES TO YOUR AFFILIATION BENEFITS OR TO THESE TERMS
6.1 We will, from time to time, review the Affiliation Benefits and may make changes that we feel, acting reasonably, are appropriate. Any changes to the Affiliation Benefits will be posted on Our official website at www.englandsquash.com. If as a result of any changes to the Affiliation Benefits that We make during an Affiliation Year, you would like to cancel your Affiliation for the next Affiliation Year, you may do so by emailing email@example.com. No refunds of your Affiliation Fee (or any other applicable payment) will be made on early termination of Affiliation.
6.2 If We should revise these Terms under clause 2.1, We will give you reasonable written notice via email of any changes to these Terms before they take effect. If as a result of any changes to these Terms that We make during an Affiliation Year, you would like to cancel your Affiliation for the next Affiliation Year, you may do so by emailing firstname.lastname@example.org. No refunds of your Affiliation Fee (or any other applicable payment) will be made on early termination of Affiliation.
7. AFFILIATION BENEFITS
7.1 We will use our reasonable efforts to make the relevant Affiliation Benefits available to you for the duration of your Affiliation. However, there may be periods during which some or all of the Affiliation Benefits are unavailable to you due to an event outside our control and We shall not be liable for any failure to comply with our obligation relating to your Affiliation in such circumstances.
7.2 Whilst every effort is made to ensure that the Affiliation Benefits and services provided by third parties (e.g. discounts) will be delivered to all Affiliated Club (and where relevant its members) and be of a suitable standard and quality, We are in no way responsible for such Affiliation Benefits and services, which will remain the sole responsibility and liability of the third parties that provide them. We make no representation, warranty, recommendation or endorsement (whether express or implied) of the goods and/or services provided by such third parties and you accept that none is given or implied and that We shall have no liability in connection with the provision of such goods or services.
7.3 Should Your Affiliation:
7.3.1 terminate or be suspended in accordance with clause 8; or
7.3.2 expire in accordance with clause 3,
the Affiliated Club shall no longer be able to access the Affiliation Benefits (including, where relevant, its members).
8.1 Affiliation may be terminated by either England Squash or the Affiliated Club at any time, provided that at least 30 calendar days' notice, in writing (including via email), to the other is given.
8.2 We reserve the right to suspend or terminate with immediate effect the Affiliation of any Affiliated Club that:
8.2.1 has a larger number of members than reported in your Record of Members and/or the Administration (as referred to at clause 3.11);
8.2.2 does not pay any Affiliation Fee, County Levy (as the case may be) or any other payment due and payable to England Squash in accordance with these Terms within 14 days from the due date for payment (as referred to at clause 5.7); or
8.2.3 in the reasonable opinion of England Squash, is guilty of conduct which is or may be detrimental to the reputation of England Squash or is or may be detrimental to the interests of the game of Squash or is otherwise offensive or dishonest in respect of its dealings with England Squash or any County Association.
8.3 Affiliation may be terminated by either England Squash or the Affiliated Club at any time, with immediate effect, on the provision of written notice to the other, if the other:
8.3.1 breaches these Terms in any material way and, if remediable, does not remedy the breach within 30 days of being asking to do so in writing by the non-breaching party; or
8.3.2 goes into liquidation or a receiver or an administrator is appointed over its assets.
8.4 If an Affiliated Club’s Affiliation is terminated or suspended for any reason (including on notice in accordance with clause 8.1), it shall not be entitled to a refund of any Affiliation Fee that it has paid to the date of termination or suspension.
If your Affiliation is suspended in accordance with these Terms, your Affiliation shall be suspended for such time period as England Squash considers reasonable taking into account the prevailing circumstances (the “Suspension Period”). Upon expiry of your Suspension Period, you will need to reapply to England Squash for Affiliation in accordance with clause 1.1. If your application is accepted by England Squash, your Affiliation shall continue for the remainder of your existing Affiliation Year and then will be open for renewal in accordance with clause 3.3, or clause 3.8 if the Suspension Period ends within 60 days of the expiry of your Affiliation Year.
Any notice (including written notice) required to be given to under these Terms can be sent by email in the case of you to such email address previously provided to England Squash and in the case of England Squash to email@example.com provided that it is accompanied by a suitable subject heading.
HOW TO CONTACT US
Should you have any questions about the information we hold on your Affiliated Club or its Recorded Members, please contact us by:
Email at: firstname.lastname@example.org
Phone on: 0161 231 4499
Post to: Membership Department, England Squash, National Squash Centre, Manchester, M11 3FF, United Kingdom
If you are unhappy with any aspect of our work, including the services that we deliver, and would like to submit a complaint, you can do so by writing to us by:
Email at: email@example.com
Post to: The Company Secretary, England Squash, National Squash Centre, Manchester, M11 3FF, United Kingdom