1. NAME AND REGISTERED OFFICE
British Measurement and Testing Association (“BMTA”) is a company limited by guarantee (Company Number 02574907). The registered office of BMTA is Surrey Technology Centre, Surrey Research Park, 40 Occam Road, Guildford, GU2 7YG.
2. RESPONSIBILITY OF BMTA
The principal objectives of BMTA shall be as follows:
- To develop and represent the interests of the Measurement and Testing Industry in the United Kingdom.
- To provide a forum for the exchange of views, facilitate and promote interest in and research into, the Measurement and Testing Industry and all aspects of measurement and testing science and technology.
- To disseminate up-to-date information on measurement and testing.
- To support the development of both measurement and testing standards.
- To promote education and training in the fields of measurement and testing and to provide, promote, and administer courses of instruction, conferences, and seminars.
3. RESPONSIBILITY OF MEMBERS
Each member agrees to:
- Engage with BMTA in a spirit of cooperation and propriety.
- Provide information to BMTA, upon request, regarding turnover and the number of employees to enable accurate Membership Fee calculation.
- Respect and adhere to all applicable laws, regulations, competition laws and BMTA’s policies and guidance.
- Avoid actions that may damage BMTA’s reputation or otherwise bring BMTA into disrepute.
- Comply with the terms of this Membership Agreement.
4. DATA USE AND GDPR COMPLIANCE
The member acknowledges and agrees that any personal data provided to BMTA will be processed in accordance with BMTA’s website privacy policy
(http://www.bmta.co.uk/privacy-policy.html). The member consents to the use of their data in accordance with the General Data Protection Regulation (GDPR).
5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
BMTA (or its third-party licensors) owns all Intellectual Property Rights in the materials provided to the member, whether registered or unregistered or registrable . A revocable, non-exclusive, non-transferable licence is granted to the member during the Membership Period to use the materials for or in relation to the Membership Services.
The member shall be entitled to use, copy and reproduce the Materials for its own internal business purposes only, but shall not otherwise use or share the Materials without obtaining prior approval in writing from BMTA. In particular the member shall not be entitled to use the Materials for any commercial purpose.
6. DISCLAIMER
BMTA provides Membership Services with reasonable care and skill. Opinions expressed represent subjective views and may not always be correct. BMTA does not guarantee the accuracy of materials or opinions and disclaims liability for any loss or damage resulting from their use.
7. MEMBERSHIP
BMTA offers Ordinary, Honorary and Life Memberships with defined services. BMTA Council has the authority to admit, reclassify, or restructure membership classes.
Membership rights are not transferable.
8. MEMBERSHIP FEES
Membership Fees are determined by BMTA and payable within the Invoice Period.
Failure to pay the Invoice Period will entitle BMTA to suspend access to Membership Services.
Renewal may require a higher Membership Fee.
Late payment may incur interest at a rate of 4% per annum (calculated daily) above the base rate of the Bank of England from the relevant payment date until payment is received in full.
9. LIABILITY
BMTA’s liability is limited, excluding liability for death, personal injury, fraud, or other legally non-excludable circumstances.
BMTA is not liable, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise in connection with this Membership Agreement for:
any loss of profit, revenue, business, goodwill or anticipated savings (whether direct or indirect); or any indirect, special or consequential loss or damage, however arising. BMTA’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise in connection with this Membership Agreement shall not exceed the Membership Fee paid or payable by the member for the year in which the claim arose.
10. CONFIDENTIALITY
Parties agree to keep confidential information secret. Exceptions include information in the public domain, disclosures required by law, to employees or to professional advisors.
11. FORCE MAJEURE
BMTA is not liable for failure or delay due to a Force Majeure Event. If affected by a Force Majeure Event BMTA will notify the member and keep the member fully informed of any relevant change of circumstances whilst such Force Majeure Event continues. Steps will take reasonable steps to minimise the effects of a Force Majeure Event on the performance of its obligations.
12. TERMINATION
Members may withdraw with three months’ notice, in writing, duly signed to the BMTA Secretary. Thereupon the Member shall be deemed to have ceased to be a Member from the expiration of their annual membership. For the avoidance of doubt where notice is given on or after the 1st October members remain liable for their membership fees for the subsequent year.
BMTA may terminate for non-payment or material breach.
Either party can immediately terminate this Membership Agreement without any liability and with immediate effect by providing written notice if the member:
- Commits a serious breach of its obligations under this Agreement that is either impossible to fix or, if fixable, persists for 30 days after receiving a written notice to remedy it.
- Suspends or threatens to suspend paying its debts, is unable to pay its debts as defined by Section 123 of the Insolvency Act 1986, enters liquidation, agrees to a composition with creditors, has a resolution to wind up (excluding amalgamation or reconstruction), appoints a receiver, administrator, or administrative receiver over its assets, or permanently ceases trading or is likely to do so according to the reasonable opinion of the terminating party.
13. GENERAL
- The Membership Agreement is personal to the member, non-transferable, and constitutes the entire agreement.
- No third-party rights (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of this Membership Agreement.
- This Membership Agreement contains the entire agreement between the parties in relation to its subject matter and supersedes any prior arrangement, understanding written or oral agreements between the parties in relation to such subject matter.
- Governing Law: English and Welsh laws apply, and disputes will be settled in the Courts of England and Wales.