The Agreement & Quality Assurance Charter
The wording below is very important and forms the basis of the contract between QAA and The Member. To become a member of QAA you must read this and agreed to its contents.
I, (and throughout this Agreement where the context so admits, as agent for each of my partners or each co-director and the company, as the case may be) agree to the Member named in the attached Registration Form becoming a Member of the Quality Assurance Association and accept your Rules, Terms and Conditions as set out here and in the Member’s Manual and any future amendments. I undertake to ensure that the Member abides by any decision made by the Quality Assurance Association made in relation thereto. I undertake to ensure that the Member abides by the Procedural Rules of The Quality Assurance Ombudsman Scheme and to the Ombudsman or an investigating officer appointed by the Ombudsman having power to enter into any premises of the Member to inspect and if thought necessary to copy (and to remove such copies to the offices of the Scheme) any and all books, papers, documents and the like of the Member in order to investigate any alleged breach of either the Rules or Quality Procedures and any decision of the Quality Assurance Ombudsman in relation to the Members. If the Member fails to do so or in the case of the Quality Assurance Association having some other justifiable cause for termination of Membership, I understand that the Member will be liable to immediate expulsion and loss of benefits without any financial reimbursement and must remove the Association’s logo from all advertising and stationery with immediate effect. Any dispute arising from any contract entered into during the period of Membership, or from any other contract where the service or any part thereof, or the work or any part thereof, is provided or carried out during the period of Membership will be covered by this agreement even if Membership has lapsed when mediation/arbitration is requested.
I understand we are not allowed to use the Logo/Certificates of Quality Assurance/Insurance Backed Guarantee/The Financial Package or any other promotional services until suitable customer references and supplier reference/s have been supplied and vetted. If after having taken up the references the Association decides, for whatever reason, to terminate this Membership, it is understood that the association will refund any Membership fees already paid. I understand the initial vetting fee will not be refunded.
I understand that Membership of the scheme implies a willingness thereof for any mediation or conciliation carried out by the Quality Assurance Association at the request of the applicant to be changed to determination or arbitration by the Ombudsman under the terms of the Arbitration Act 1996 or any statutory re-enactment thereof whether or not any arbitration clause is included in any pre-existing written contract. I understand that the arbitration award, in such circumstances, will be legally binding and any award for costs included therein shall be at the discretion of the Ombudsman and that the Ombudsman has the authority to instruct the Association to revoke Membership where he deems appropriate and that the Association, where authorised by the Ombudsman, has the right to publicise the details of any Reprimand, Suspension, Expulsion or of any Determination, Order or Award made against a Member or former Member.
I agree the Member shall pay the amount of listed on the on-line Registration Form for vetting and the annual subscription fees on demand followed. Sums unpaid after the due date shall bear interest until the day payment is received at the rate of 2% per month accruing from the date that payment was due until the date of payment in full. If the recovery of sums outstanding is passed to a third party the Member shall pay the Associations costs instructing the third party together with collection and all ancillary legal costs.
I am fully aware that authorising the Bankers Order is authorisation for the Quality Assurance Association to request payment of our fees. I understand that should the Member wish to cancel this agreement it must do so in writing by recorded delivery within 7 days of the date of this agreement otherwise the agreement will be binding on both parties. I understand the Membership will be continuous unless the Member gives at least 28 days written notice sent by recorded delivery to the offices of Quality Assurance Association or Membership is terminated by the Quality Assurance Association.
The details on the Registration Form are true and correct to the best of my knowledge, and I understand that Membership is grated on the basis of the information supplied and full Membership is subject to the supply of the suitable references. I undertake to ensure that the Member notifies you in writing of any change(s) to the information contained in this Registration Form and Agreement within 30 days of the change(s) occurring and where such change(s) involve a change in the legal status and/or ownership of the Member such rights and obligations as exist under the terms of this Agreement and are transferable/transferred to the new business or organisation where it is held out to be a continuation or assignee or a successor to the Member (by whatever name) or where the Member (or any constituent partner, director or shareholder, or any of them) is a participant in a business or organisation that is deemed by the Quality Assurance Ombudsman to be a continuation of the business of the Member. I undertake to ensure that the Members supplies new references when requested and any other information that may be deemed relevant by the administrators and to pay any mediation, arbitration or expert report costs or other associated costs in excess of the Associations allowances in force at the time. |