Membership terms and conditions

These terms and conditions override any contrary terms or conditions published by us in relation to any membership subscription between you and us.

1.       Definitions and interpretation

1.1       The following terms have the references set out below:

“Governing Board” refers to trust boards, governing bodies and academy committees.

 “Membership Period” means a period of twelve calendar months (or other period where expressly agreed by the National Governance Association)

“Data Subject, Personal Data, Data Controller and Data Processor” shall have the meanings given to those terms respectively in the relevant Laws;

“You” and “your” means and refers to the Governing Board of which you are a members and which you represent

“We” and “our” refers to the National Governance Association

2.       Membership Benefits

2.1       Membership packages vary according to the grade of membership held.  The details of current membership packages can be found here.

2.2       We reserve the right to change the benefits that apply to National Governance Association membership at any time and without prior notice.

2.3       Each Governing Board requires their own subscription and membership benefits cannot be shared across governing boards who are not members of the National Governance Association.

2.4       Each Governing Board is responsible for updating the details of their governor/trustees and clerks that the National Governance Association holds to ensure that they can receive their full benefit entitlement.  You can update your details by contacting membership@nga.org.uk

2.5       The number of people that can access benefits varies according to the membership type.  Details of membership types can be found here.

2.6       The number of free places at available at National Governance Association events is determined by the type of membership purchased.  The National Governance Association cannot guarantee places to members at every event and reserves the right to cancel a reservation and to cancel an event.  The National Governance Association will not be responsible for any wasted costs arising out of cancellation.

2.7       Non-attendance, without notification in writing 10 days prior to the date of the event will incur a non-attendance fee of £60.00 for which you and the organisation in which you govern are both liable.

2.8       Places at events are only available for members that are listed on a membership and are non-transferable.

2.9       Individual members will be charged £60.00 if they wish to attend the National Governance Association’s Summer Conference.

3.       Membership Contract

  3.1       Membership costs are subject to change on an annual basis every April.

3.2       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 National Governance Association 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 once payment has been received and verified.

3.5       The Membership Period commences on the 1st day of the calendar month if membership is processed before the 15th day of the month or the 1st day of the following calendar month if the membership is processed after the 15th day of the month.

3.6       The Membership Period will be 12 calendar months and will run to the anniversary of the end of the month in which you are admitted into membership.

3.7       Your membership will be due for renewal at the end of the Membership Period and a renewal notice with invoice will be issued one calendar month prior to the end of the Membership Period.

3.8       Non-payment of invoice will result in lapse in membership after 30 calendar days of invoice date.

4.       Cancellation and Refund

 4.1       Cancellation of membership can be made in writing to membership@nga.org.uk

4.2       We will assume that you do not wish to renew your membership if payment is not received by the due date.

  4.3       Membership fees are not refundable on cancellation.

5.       Advice Service

5.1       The National Governance Association’s GOLDline advice service is only available for GOLD membership holders.

5.2       Advice for the executive committees of Local Association members is only available for matters relating to the Local Association.

5.3       Local Association membership does not entitle you to receive advice regarding individual Governing Boards

5.4       Full GOLDline terms and conditions can be found here.

6.       Publications, Resources, Website and Online Guidance Centre

6.1       All tools, materials and information available on the National Governance Association 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.

6.2       All National Governance Association 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.

6.3       By becoming a member of the National Governance Association, you are agreeing to not pass on to third parties or publish any National Governance Association guidance and information without seeking advance written permission from the National Governance Association.

6.4       Unless otherwise stated we own the copyright and any other intellectual property rights in all material on the National Governance Association 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.

6.5       Whilst we try to ensure that the information on this website, in associated publications and the advice given by our advisers via the GOLDline advice service is current and correct no undertaking, representation, warranty or other assurance, express or implied, is made or given by or on behalf of the National Governance Association 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 National Governance Association for any such information, opinions, advertising or data.

6.6       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.

6.7       Written requests to use the information available on this website for commercial purposes may be submitted via email to governorhq@nga.org.uk and should not be used until written agreement from the National Governance Association is obtained.

7.       Data Protection

7.1       Each party shall where applicable only process Personal Data as defined in Section 1 (1) of the Data Protection Act 1998 for the purpose of fulfilling its obligation under this contract or in accordance with the express written instructions of the other.  NGA’s Membership Privacy Notice can be found on the NGA website. 

7.2       NGA will only process data that is relevant to NGA membership services and is required in order to deliver NGA membership services. A full list of NGA membership services can be found on the NGA website.

7.3 National Governance Association shall:

7.3.1       process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments;

7.3.2      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;

7.3.3      notify the Client immediately if it becomes aware of any unauthorised or unlawful processing, loss of, damage to or destruction of the Personal Data;

7.3.4      not store, process or transfer any Personal Data outside of the European Economic Area; and

7.3.5      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.

7.4 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 NGA website.

(“Shared Personal Data”).

7.5       For board membership the Client shall ensure that adequate consent has been obtained from Governors, Trustees and Clerks in order to perform National Governance Association’s obligations and that a copy of such consent is retained for as long as is reasonably necessary (and not more).

7.6       For individual membership National Governance Association shall ensure that adequate consent has been obtained in order to perform National Governance Association obligations and that a copy of such consent is retained for as long as is reasonably necessary (and not more).

7.7       National Governance Association 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 or its Governors 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 NGA Membership terms and conditions:
- Access Group (NGA’s database provider)
- Arden Group (NGA’s IT services provider)
- Smart Survey (for NGA surveys, optional for members)
- CPUK (distribute the Governing Matters magazine)

7.8       Each party must ensure compliance with applicable national data protection laws at all times during the Term of this Agreement.

7.9       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.

7.10 Each party warrants and undertakes that it will:

7.10.1       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;

7.10.2       make available upon request to data subjects who are third party beneficiaries a copy of this Agreement, unless the clause contains confidential information;

7.10.3       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;

7.10.4       respond to Subject Access Requests in accordance with the privacy and data protection laws;

7.10.5       where applicable, maintain registration with all relevant data protection authorities to process all Shared Personal Data for the Agreed Purpose


7.11        NGA will securely process data throughout the term of the agreement. NGA will securely destroy all Personally Identifiable Data within three months of the termination of the agreement.

 

 

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