Terms and Conditions

National Association of School Managers

These Membership Terms and Conditions, together with the Code of Conduct & Ethics will govern your membership with us.

1 Interpretation

The following definitions apply in these Terms and Conditions:

“Calendar Year” means any 12-month period starting on the Membership Term and on each anniversary of the Membership Term;

“Code of Conduct & Ethics” means NASPM’s Code of Conduct & Ethics which sets out the standards of professional behaviour to which a Member must adhere;

“Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Disclosing Party (including, without limitation, as to products and services, assets, customers, suppliers or employees) or the activities or objects of the Company, which may be supplied to or may otherwise come into the possession of the Receiving Party, whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential;

“Document Centre” means the database accessible through the Member’s Area providing a range of resources as prescribed herein which may be accessed by Members subject to these Terms and Conditions;

“Force Majeure” means any event or occurrence which is outside the control of the party affected and which is not attributable to any act or failure to take preventive action by the party affected;

“Intellectual Property Rights” means the copyright, database rights, rights in confidence, rights in passing-off, rights to domain names, registered and unregistered designs, trademarks, patents or other industrial or intellectual property together with any current or future applications for any registrable items of the foregoing;

“Materials” means all materials including the written content, newsletters, conference materials, advertising, brochures, publicity material, invitations, website, branding, logos and other NASPM materials used by or for or relating to the Membership Services;

“Member”, means a fully paid-up School and “Members”, “you” or “your” shall be construed accordingly;

“Member’s Area” means the platform accessible with a Membership ID which includes but is not limited to the Document Centre, forum and training calendar;

“Membership Grade” means the grade of membership held by a Member; these shall include: Standard Members and Premium Members;

“Membership ID” means the user ID and password needed to access the Member’s Area;

“Membership Services” means the services provided by NASPM for the benefit of Members subject to these Terms and Conditions;

“Membership Term” means the period of valid membership commencing on 1st January of the year of admission to 31 December of that year;

“NASPM” means the National Association of school Premises Managers having its principal place of business at Old Town Hall, 29 Broadway, Stratford, London E15 4BQ and “we”, “our” or “us” shall be construed accordingly;

“Premium Member(s)” means the sub-categories of Member that are designated as such in these Terms and Conditions from time to time;

“School” means educational establishments located in the UK and registered with the Department for Education (DFE);

“Standard Member(s)” means the sub-categories of Members that are designated as such in these Terms and Conditions, as identified in the Membership Grade;

2 Membership Grade and Member Obligations

2.1 There shall be two categories of membership “Standard Members” and “Premium Members”. Provisions relating to these categories and any sub-categories of membership shall be contained in these Terms and Conditions.
2.2 Members must satisfy NASPM’s prescribed membership criteria, as contained in these Terms and Conditions and detailed on NASPM’s Code of Conduct & Ethics, including without limitation being registered with the Department for Education.
2.3 Members may upgrade or downgrade their membership for a higher Membership Grade at any time.
2.4 Members shall (and shall ensure that its staff accessing the Membership Services):

2.4.1 comply with all applicable laws;
2.4.2 not use the Membership Services for fraudulent purposes;
2.4.3 provide timely all the information NASPM reasonably requests and ensure that all the information provided to NASPM or through the School, is correct, complete and up to date.
2.4.4 not share the Membership ID with third-parties and keep confidential and secure any credentials NASPM provides to you.
2.4.5 be responsible for complying with these Terms and Conditions and the Code of Conduct & Ethics.
2.4.6 be solely responsible for paying the Membership Fees.
2.4.7 use the Membership Services, including the Materials obtained from the Member’s Area for their intended purpose and only as specified under these Terms and Conditions.

3 Rights of Membership

3.1 All Members and their staff accessing the Membership Services must adhere to these Terms and Conditions and the principles of the Code of Conduct & Ethics and supporting procedures.
3.2 Membership entitles, where applicable, access to the Member’s Area remains subject to these Terms and Conditions and the principles of the Code of Conduct & Ethics.

4 Membership Services

4.1 Standard Membership shall include the following benefits:

4.1.1 Forum to enable networking opportunities with other premises staff working in educational establishments to enable recommendations, support and help, monitored closely by NASPM to ensure compliance.

4.1.2 A national association of school/educational establishment premises staff, enabling network opportunities.
4.1.3 Access to the Member’s Area providing resources, such as The School Premises Handbook and DFE guidance, as well as:
4.1.3.1 Risk assessment guidance and templates.
4.1.3.2 Monitoring forms/checklist for school health and safety management.
4.1.3.3 Statutory Compliance guidance documents, templates, procedure documents.
4.1.3.4 Regular newsletters on relevant case studies and changes in legislation etc.
4.1.3.5 10% off Health and Safety Training (education premises specific).
4.1.3.6 Contractor management guidance and templates.
4.1.4 Security Management Guidance.
4.1.5 Regular newsletters with key premises/estates themed focus areas based on case studies and updated legislation.
4.1.6 Termly Virtual Network Meetings.
4.1.7 Annual Conference.

4.2 In addition to the benefits listed in clauses 4.1.1 to 4.1.7, Premium Members shall also be granted:

4.2.1 Email support that allows the School staff to seek guidance from a qualified health and safety practitioner for any health, safety and estates management concerns, with a target response time of 2 business days.

4.2.1.1 15% off Health and Safety Training (education premises specific).

5 Membership Term

5.1 Each membership is valid for one Calendar Year.
5.2 These Membership terms and conditions are a binding legal agreement between you and us and govern your use of the Membership and other related services (as defined below) and our respective rights and obligations.

6 Membership Fees

6.1 Membership in each category and access to Membership Services is conditional upon the payment of the appropriate subscription fee as follows:

6.1.1 Standard Membership £295+VAT per Calendar Year.
6.1.2 Premium Membership £395+VAT per Calendar Year.

6.2 Subject to clause 8, Members are not entitled to a refund of any subscription fees following termination or cancellation of membership.

7 Membership Renewal

7.1 To renew your membership, you must pay your subscription fee in full before the end of the Calendar Year (the “Renewal Date”).
7.2 NASPM reserves the right, at its sole discretion, to charge additional fees to renew membership after the Renewal Date or to make reasonable increases in the Membership fees for future Calendar Years.
7.3 Where any subscription payable by the Member to NASPM is not paid by the Renewal Date, your membership shall be deemed to have lapsed. The Member will be served with notice allowing the Member 28 days from the Renewal Date to make the necessary payment (the “Grace Period”).
7.4 During the Grace Period, (a) Members remain subject to the Code of Conduct & Ethics and (b) NASPM reserves the right, at its sole discretion, to withdraw or suspend access to any Membership Services.
7.5 At the expiry of the Grace Period, any membership for which membership fees have not been received in full by NASPM shall be terminated and the Member will lose the right to use the Member’s Area.

8 Right to Cancel Membership

8.1 Members shall have a right to cancel their membership within 14 days of receipt of confirmation that their membership application has been accepted.

9 Membership Termination

9.1 A Member may terminate their membership by providing 28 days’ notice to NASPM, subject to clause 9.2 and 9.3 below.
9.2 A Member shall cease to be a Member:

9.2.1 on the expiry of 28 days’ notice to NASPM of the resignation as a Member;
9.2.2 if any subscription or other sum payable by the Member to NASPM is not paid by the due date and remains unpaid 28 days after notice has been served on the Member by NASPM informing the Member that membership will be terminated if it is not paid;
9.2.3 if NASPM resolves that the Member be expelled. Such a resolution shall not be passed unless the Member has been given not less than 14 days’ notice, specifying the circumstances alleged to justify expulsion, and has been afforded a reasonable opportunity of being heard by or of making written representations to NASPM;

9.3 Any Member who ceases to be a Member in accordance with clause 9.2 shall remain liable for all subscriptions and any other sums due from the Member up to and including the date when it ceases to be a Member.

10 Membership Rejection

10.1 An application for membership or for transfer from one category (or sub-category) of membership to another shall be determined by NASPM which may in its absolute discretion decline to accept an applicant as a Member.

11 Intellectual Property Rights

11.1 All Intellectual Property Rights which exist in the Materials provided to Members as part of the Membership Services are owned by NASPM and/or its content providers.
11.2 Membership, regardless of Membership Grade, does not confer any right to use NASPM’s Intellectual Property, including the Materials contained in the Member’s Area, NASPM brand and logo, NASPM Internet domain names or other distinctive signs of NASPM, except where expressly provided in writing.
11.3 The Member shall not and shall ensure that its staff accessing the Membership Services do not:

12 Disclaimer and Liability

12.1 The information and Materials provided to Members do not address individual requirements of a School and are for informational purposes only. They do not constitute any form of advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances and is not intended to be relied upon by Members in making (or refraining from making) any specific decisions.
12.2 NASPM and its controlling and affiliated companies shall accept no responsibility for any errors, omissions or misleading statements on the Materials, or for any loss which may arise from reliance on the Materials obtained from the Member’s Area.
12.3 The School will be responsible for all loss of or damage to property at the School (including theft) and for any injury or death of any persons and/or things arising in connection with the relevant Membership which is caused by or in consequence of any act or omission on the part of the School and indemnifies and shall keep indemnified NASPM and its controlling and affiliated companies against all such loss, damage, injury or death.
12.4 The School will be responsible for and shall indemnify NASPM against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by NASPM and/or its controlling and/or affiliated companies arising out of or in connection with any claim made against NASPM and/or its controlling and affiliated companies by: (i) anyone directly or indirectly connected with, or involved by the School, arising out of or in connection with the Membership Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance by the School, or by the conduct of any of its teachers, members of staff or pupils; or (ii) any pupil of the School or any parent or guardian of a pupil.
12.5 In no circumstances shall NASPM and/or any of its controlling or affiliated companies have any liability for (i) any loss of profit, revenue, goodwill, opportunities, or use, or (ii) any indirect or consequential loss or damage that may be suffered by the School.
12.6 No party shall be liable to the other under these Terms and Conditions for any indirect or consequential loss, damage, cost, expense or other claim for compensation caused by a breach or non-performance of the Membership Services.

13 Force Majeure

13.1 In the event of Force Majeure, NASPM shall not be deemed to be in breach of these Terms and Conditions and in particular shall not be liable for a delay or for non-performance of any of its obligations under these Terms and Conditions or for any loss or damage occasioned thereby. To the maximum extent permitted by law, all losses arising for this reason shall not be recoverable by the Member.

14 Variation

14.1 At its absolute discretion, NASPM may at any time alter, amend, change, modify or withdraw any of the membership benefits that comprise the membership offering.
14.2 It will be the Member’s responsibility to keep up-to date with all such changes and its membership renewal and continued use of the Membership Services shall be deemed acceptance of any changes to these Terms and Conditions.
14.3 All Members shall ensure that its staff accessing the Membership Services are bound by any changes to these Terms and Conditions.

15 Notice

15.1 Any notice to be given under these Terms and Conditions shall be in writing, which shall include electronic communication to the email address you provide.

16 Data Protection

16.1 NASPM will process personal data as set out in our Privacy Notice available at www.naspm.co.uk
16.2 In order to perform our obligations to you arising from your Membership, your School may provide us with personal data about you and by accepting the Membership, you acknowledge and accept that this is necessary and appropriate.
16.3 NASPM will also process your personal data and may share it with your School and the relevant staff for the purpose of providing the Membership Services to you and complying with our obligations under these Terms. By accepting the Membership, you acknowledge and accept that this is necessary and appropriate.

17 Confidentiality

17.1 All Members undertake that they shall not disclose to any person any Confidential Information disclosed by NASPM, including without limitation the Materials, except as permitted by Clause 17.3 below.
17.2 Upon termination of the Membership, the Member shall, at NASPM’s request, return to NASPM any Confidential Information in its possession or those of its employees, or destroy it and in the manner reasonably established by NASPM, irrespective of the means in which this information is registered.
17.3 Members may only disclose Confidential Information from NASPM, including without limitation the Materials obtained from the Member’s Area, to its own officers, directors, employees, agents and advisers who reasonably need to know it for the purposes of these Terms and Conditions (each a “Permitted Third Party”), provided that the Permitted Third Party is bound by confidentiality obligations equivalent to those specified in this Clause 17 and that the Member shall remain liable to NASPM and its controlling and affiliated companies for the acts, omissions of, and for the compliance with the terms of this Clause 17, by such Permitted Third Party.
17.4 If the Member is required by Applicable Laws or by any Regulator to which it is subject to disclose any Confidential Information of NASPM, then it shall be entitled to do so provided that it promptly informs NASPM, and if permitted by Applicable Laws, it seeks to limit the disclosure only to what is required by Applicable Laws.17.5 The confidentiality obligations under this Clause 17, will remain in force during the term of the relevant Membership and for a period of three (3) years after its termination. If a disclosure of Confidential Information is not connected to the Membership then the confidentiality obligations under this Clause 17, will remain in force for a period of three (3) years after the termination of the Membership for any reason.

18 General

18.1 All Members agree and acknowledge that its staff accessing the Membership Services do not have legal rights under these Terms and Conditions. If the staff accessing the Membership Services ceases its relationship with a Member (e.g., its employment), the Member shall promptly inform NASPM and their Membership ID will be cancelled.
18.2 No clause or term of these Terms and Conditions will be enforceable, by virtue of the Contract (Rights of Third Parties) Act 1999, by any other person, including any staff of a Member. Consequently, the Member remains liable for the actions or omissions of its staff in breach of these Terms and Conditions.
18.3 If a court invalidates any portion of these Terms and Conditions, the rest of the terms will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
18.4 Even if we delay in enforcing these Terms and Conditions, we can still enforce them later. We might not immediately chase a Member for not doing something (like paying) or for doing something it’s not allowed to, but that doesn’t mean we can’t do it later.
18.5 We will not have any responsibility under these Terms and Conditions for delays or failures to comply with any of our obligations under these Terms and Conditions as a result of any circumstances beyond our reasonable control.
18.6 We intend to rely upon the written terms set out in these Terms and Conditions. If you require any changes, please make sure you ask for these to be put in writing.
18.7 The obligations contained in these Terms and Conditions in respect of confidentiality shall survive termination of membership howsoever arising.

19 Governing Law

19.1 These Terms and Conditions shall be interpreted in accordance with English law and all disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.