Member Service Agreement

  1. SUMMARY
    1. This Member Service Agreement (“Agreement’’) sets out the terms and conditions between You and WeClustr UK Limited trading as WeClustr.
    2. The commencement of this Agreement shall take place on the day that Your first payment is received by WeClustr UK Limited, following the written notification of this Agreement by WeClustr UK Limited. By making Your first payment you shall be deemed to have accepted the terms of this Agreement.
  2. COMMUNITY GUIDELINES
    1. You agree to work with Your best endeavours according to the core values and the spirit of WeClustr in behaviours that enable cooperative, constructive and collaborative relations between You and other Members and Partners, and between You and WeClustr.
    2. You agree that You will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to other Members and Partners, their guests or their personal property or to WeClustr’s employees, the premises or property of other Members and Partners. WeClustr reserves the right to charge You for the repair cost for any damage caused by You or Your guests to the premises or any furniture or equipment within the premises of other Members and Partners.
  3. SERVICES
    1. WeClustr offers Services to You that are defined in Your Membership Package and within Your Membership Account.
    2. Any claims that You may have regarding the use of services provided by third parties are excluded from the Services set out in the Membership Package.
    3. The availability of the Services and the Membership Package may be changed from time to time either: (i) thirty days after WeClustr provides notice of the changes through the email address associated with Your Membership Account; or (ii) when You expressly agree to the changes to the Services and the Membership Package or a version of this Service Agreement incorporating the changes, whichever event occurs first.
    4. In exceptional circumstances, WeClustr reserves the right to change the terms of this Service Agreement at any time with immediate effect when WeClustr believes such a change in terms is required by law or a concern to protect Members, Partners, and employees of WeClustr.
    5. You agree to respect the privacy of other Members, Partners, and their guests in respect of information of a confidential nature which may become known to You through the use of WeClustr Services and, in the event of information becoming known to You, not to disclose to any third party any information of a confidential nature (including trade secrets and information of commercial value).
  4. INVOICING AND PAYMENTS
    1. You agree to pay for the Services by direct debit in pounds sterling (GBP) for the monthly fees invoiced.
    2. You agree to provide Your bank details in the Membership application registration to enable WeClustr to issue a direct debit for the use of Services.
    3. You will be invoiced upon reception of your payment based on Your Membership Package. Payment will be taken by direct debit.
    4. Your use of the Services may be immediately suspended if WeClustr is unable to receive payment from Your bank.
    5. The price and conditions of Services applicable to Your account may be subject to a change subject to notice provided by WeClustr at least 30 days in advance of the due payment date.
    6. Your continued use of the Services following a notice advising a change in prices for services constitutes Your agreement to the change in the price of Services.
    7. You may terminate this Service Agreement if You do not agree to the change in prices and notify WeClustr of Your termination within seven days of the notice of the price change. Pre-paid fees will be refunded on a pro-rata basis in the event that WeClustr terminates Your Membership prior to the end of Your Pre-Paid Subscription Period.
  5. MEMBERSHIP PACKAGE DOWNGRADE, UPGRADE OR TERMINATION
    1. If You wish to downgrade or upgrade Your Membership Package, You shall put forward a written notification via info@weclustr.com and give one calendar month’s notice.
    2. You can terminate Your Membership Package at any time.
    3. If WeClustr has reason to believe that You have failed to comply with the provisions of this Service Agreement and the spirit and values of WeClustr, then WeClustr may at its sole discretion restrict Your access to Services or terminate Your Membership with immediate effect.
  6. LIMITATION OF LIABILITY
    1. Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of WeClustr to a Member in respect of any claim whatsoever or breach of this Agreement whether or not arising out of negligence, shall be limited to the fees paid by the Member for the period to which the claim relates.
    2. In no event shall WeClustr be liable to the Member for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
    3. Where WeClustr uses the service of any agent or third party connected to the Services WeClustr does not give any warranty, guarantee or indemnity for the services that they give to Members.
    4. WeClustr is not liable for any loss of property incurred during Your usage of Services.
  7. JURISDICTION
    1. The laws of England and Wales govern this Agreement.
    2. Any claim made against WeClustr must be made in the courts of England, which will have exclusive jurisdiction in respect of any such claim, subject to WeClustr’s rights to commence proceedings in any other jurisdiction.

 

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