GENERAL TERMS AND CONDITIONS ENOLL MEMBERSHIPS
DEFINITIONS
In this document the following words shall have the following meanings:
“Member” means the organisation who is effective, adherent, or accepted to grow member of the European Network of Living Labs
“Membership Fees” means the annual fee the member pays to European Network of living labs to benefit from membership of the network.
“ENoLL” means the European Network of Living labs, collecting membership fees from their members, based on the current labelling and certification process in place.
GENERAL
These Terms and Conditions shall apply to all membership fees issued by ENoLL to the member to the exclusion of all other terms and conditions referred to, offered or relied on by the member whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the member, unless the member specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by ENoLL in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by ENoLL.
PRICE AND PAYMENT
The price of the membership fees shall be that in ENoLL’s info package for members, sent to the effective, adherent, and accepted to grow members at the beginning of the corresponding year, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. The correct amount for the membership fees needs to arrive to the accounts of ENoLL. If banking or other costs are to be calculated for, the member needs to take these into account while making the payment.
When special procedures apply to make sure the member can comply with the payment of the membership fees (e.g., Chorus pro), the member needs to make sure ENoLL is informed and instructed about this as quickly as possible after receiving the invoice.
Payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by ENoLL.
When making the payment the member must make sure the number of the invoice is mentioned in the reference of the payment (e.g. 2022-PF001)
ENoLL shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 10%
If payment of the price or any part thereof is not made by the due date, ENoLL shall be entitled to:
- hide any information about the member (e.g., on www.ENoLL.org)
- block the access of the member to ENoLL activities
- block available discounts for ENoLL members
- terminate the membership of the member
DESCRIPTION
All membership fees relate to the membership of the member on an annual calendar base. In other words, the membership fees cover the memberships from January 1st to December 31st of the year mentioned in the invoice sent by ENoLL.
FORCE MAJEURE
ENoLL shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and ENoLL shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Belgium and the parties hereby submit to the exclusive jurisdiction of the Belgian courts