MEMBERSHIP TERMS

DIASPORAN GHANA NETWORK: TERMS AND CONDITIONS OF MEMBERSHIP

1. Interpretation

Definitions:

“Diasporan Ghana Network Application”: means the application for membership form to be completed and submitted to DGN in order to become a Member of DGN.

“DGN” means Diasporan Ghana Network with correspondence address of 85 Great Portland Street, First Floor, London, W1W 7LT

“Contract Term” means a period of which is renewable on a monthly basis until the agreement is terminated by either party in accordance with these terms.

“Member” means the person who is named on the Application for Membership form and for whom, following acceptance DGN has agreed to provide services to, in accordance with these terms.

“Membership” means the period of time when a Member is contracted to DGN.

“Membership Fee” means the payment made by the Member to DGN to cover membership costs for the Contract Term.

“Membership Term” means a period of 1 month on a rolling basis.

“Membership Space” means DGN’s Mighty Networks space.

“Specified Service” means the service provided by DGN and set out in clause 3 to these Terms and Conditions.

“Terms and Conditions”: means the terms and conditions of Membership set out above and below entitled "Membership Terms."

“Website”: means DGN’s website https://www.joindgn.org/

2. Agreement to these Terms

When applying for Membership of DGN, the Member confirms that it has read and agrees to be bound by these Terms and Conditions. Upon membership being accepted by DGN, the Member will be provided with its own copy of the Terms and Conditions and they should be retained for future reference.

3. Supply of the Specified Service

3.1 DGN shall at its sole discretion provide the following Specified Service to the Member:

(a) regular email communication promoting forthcoming Events;

(b) opportunity to attend Events;

(d) opportunity to promote your skills and expertise;

(e) opportunity to present to other Members about your area of skill expertise.

3.2 The Specified Service is given to the Member subject to these Terms and Conditions.

3.3 DGN shall use its reasonable endeavours to provide the Specified Service within the advertised times.

3.4 DGN may at any time without notifying the Member make any changes to the Specified Service which are necessary to comply with any safety or other statutory requirements and/or which do not materially affect the nature or quality of the Specified Service.

3.5 Any other changes or additions to the Specified Service or to these Terms will be notified to the Member in writing by DGN in advance of those changes taking place.

4. Contract Term and Payments

4.1 Membership of DGN is for a Contract Term of a month to month rolling contract and is subject to payment of the Membership Fee each month.

4.2 Following the expiry of the initial Contract Term and any subsequent Contract Term, the Member must renew their Membership paying the Membership Fee for the next Contact Term otherwise Membership is terminated in accordance with these Terms and Conditions.

4.3 All charges quoted to the Member for the provision of the Specified Service are inclusive of VAT.

5. Warranties and Liability

5.1 DGN warrants to the Member that the Specified Service will be provided using reasonable care and skill as far as reasonably possible. Where DGN uses the service of any agent or third party (such as speakers) DGN does not give any warranty, guarantee or indemnity in that respect.

5.2 DGN shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by the negligence of DGN or its agents or otherwise) which arise out of or in connection with the provision of the Specified Service and the entire liability of DGN under or in connection with the Membership or Specified Service shall not exceed twice the Membership Fee for that Membership Term, except as expressly provided in these Terms and Conditions. This warranty is in lieu of all other terms, conditions and warranties, expressed or implied statutory or otherwise and any other liabilities whatsoever and howsoever arising.

5.3 DGN shall not be liable to the Member or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the DGN’s obligations in relation to the Specified Service, if the delay or failure is due to any cause beyond the DGN’s reasonable control, and time shall not be of the essence.

6. Termination of Membership

6.1 The Member may terminate the Membership by giving written notice to DGN. If notice is given during the Contract Term, the Member will not be refunded the Membership Fee for the Contract Term.

6.2 Either party may at any time terminate the Membership by immediate written notice if the other commits any material breach of these Terms and Conditions or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

6.3 Upon termination of the Membership for whatever reason all sums owed by the Member to DGN shall become due and payable by the Member with immediate effect.

7. Insolvency of Member

7.1 This clause applies in the following circumstances:

7.1.1 The Member makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

7.1.2 An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Members;

7.1.3 The Member ceases, or threatens to cease, to carry on business;

7.1.4 DGN reasonably believes that any of the above events is about to happen and notifies the Member accordingly; or

7.2 If this clause applies then, without limiting any other right or remedy available to DGN, DGN may cancel the Contract or suspend Membership, including access to its Membership Space.

8. General

8.1 Membership allows all a Member’s personnel to access certain areas of the Membership Space. If a Member decides to cancel their Membership, access will stop.

8.2 If you enter your details in any enquiry form or contact form you are giving your express permission for your details to be added to our data base for contact and marketing purposes.

8.3 As a Member of DGN, the Member agrees to conduct themselves in a professional and friendly manner, treating other members with respect at all times. If the DGN should receive a complaint about any Member’s behaviour, it reserves the right to suspend Membership. Such complaints would constitute a breach of these Terms and Conditions.

8.4 Membership of DGN is at the sole discretion of DGN and it reserves the right to refuse Membership.

8.5 Our website uses cookies to monitor browsing preferences. If you do allow cookies to be used, certain personal information may be stored by us. We will never share your personal details with third parties.

8.6 Wavier. No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.7 Confidentiality.

8.7.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by below.

8.7.2 Each party may disclose the other party’s confidential information:

(a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms and Conditions. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause; and

(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

8.7.3 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions.

8.8 Notices. Any notice to DGN is to be sent in writing to 85 Great Portland Street, First Floor, London, W1W 7LT or by email to info@dgn.org. Notices to the Member will be sent to the email address on the application form, unless DGN is otherwise informed in writing. The provisions of this clause shall not apply to the service of any proceedings or documents in any legal action.

8.9 Severance. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.

8.10 Entire agreement. These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

8.10.1 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.

8.11 Variation. No variation of Membership shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

8.12 Force majeure. Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.

8.13 Third parties. No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.

8.14 Governing law. These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

8.15 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.