Terms and Conditions
Terms & Conditions February 2019
Each of the Parties warrants its authority to enter into this Agreement and has obtained all necessary approvals to do so. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto. Neither party shall be liable to the other or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations in relation to these terms, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, a natural disaster, governmental action, terrorism, war, act of god and civil unrest.
The Parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of Irish jurisdiction but would be valid if part of the wording is altered, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect. Changes to the terms of services provided or to these terms and conditions may be posted from time to time on the IEA’s website at www.irishexporters.ie
If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected. Both Parties agree that these terms shall not be enforceable by any person who is not party to this Agreement.
If one or more clauses contained in these terms and conditions are found to be unenforceable or in any way unreasonable or invalid then the IEA will amend such provision, so that when amended it is valid and reasonable and poses no threat to the on-going validity of these terms and conditions.
IEA membership is conditional on acceptance of the terms and conditions set out in this Agreement and as agreed by, and upon payment, of the IEA membership subscription. Members of the IEA are serviced by the Irish Exporters Association, a company limited by guarantee. IEA membership is issued to incorporated companies and under special circumstances to some individuals. Hence, in signing for membership you are signing on behalf of your company.
Membership Subscription, Rate and Review
The IEA operates an annual – subscription. Membership shall commence from the time of raising the invoice and processing of application and shall run for 12 calendar months. Failure to make payment within 30 days will result in Membership termination. Membership will thereafter continue on an annual basis as long as the subscription is paid.
Membership fees are based on a company’s annual turnover in respect of the latest financial year. Members have an obligation to provide the IEA with details of their turnover on request. Such information will be treated in strictest confidence. All membership fees are payable annually in advance. Fees are reviewed annually.
The IEA reserves the right to revise your annual subscription as appropriate if there is, in its reasonable opinion, excessive usage of the membership services. Membership of the IEA is subject to a minimum term of at least 12 calendar months.
In order to apply on your own behalf or on behalf of your organisation to become a member of the IEA you must be at least 18 years old and you must be legally capable and authorised to enter into binding contracts.
All fees and charges are quoted exclusive of VAT unless otherwise specified. IEA’s comprehensive services consist of both VAT exempt and vatable services. The IEA’s VAT number is IE 0071319K. The IEA will, in the normal course, invoice it’s members by email a minimum of 2 weeks prior to subscription lapsing. A hardcopy invoice is available on request.
The method of payment of the subscription to the IEA shall be by:
- Electronic transfer to the following account, Irish Exporters Association Ltd, 28 Merrion Square, Dublin 2. Account Number: 17183413. Sort Code: 90-00-17. Bank Name: Bank of Ireland College Green Dublin 2 IBAN: IE67 BOFI 9000 1717 1834 13 Swift: BOFIIE2D
- Credit card payment – please contact the Accounts Department to enable payment processes.
- Cheque sent to the following address: Accounts Receivable, Irish Exporters Association Ltd, 28 Merrion Square, Dublin 2
- Online – via Paypal or stripe* from the members section of the website or the new members sign up page (from April)
Membership is on a continual basis, therefore the annual fee will be invoiced automatically to your organisation the month prior to the renewal date unless your organisation provides written notification of your intention to terminate membership 3 months prior to the renewal date. No payment will be taken for renewal until provided by your company.
Confirmation/Refusal/Revocation of Membership
Please note that the IEA Council may refuse membership for any justifiable reason. Membership is subject to continued payment of members subscription fees. Membership may be revoked for failure to pay membership/subscription fees. IEA membership is not transferable.
Cancellation of Membership
Either Party (the member or the IEA) may terminate this Agreement upon notice in writing if:
- Either party is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other party so to do;
- Bankruptcy, an administration order, receivership, a resolution or petition to wind up the other party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any similar procedure in the country of incorporation of either party, if any circumstances arise which entitle the Court.
- Cancellation of membership must be given in writing three months prior to your annual renewal date by an authorised person and must be accompanied by the return of your IEA Membership Certification. Membership can be cancelled by sending a letter of termination to firstname.lastname@example.org. Membership fees paid for the current membership year are non-refundable. Any outstanding annual fees must be paid to the IEA by credit card, electronic transfer or cheque. In the event of termination, all assets or association of IEA membership should be removed from all company material.
- The IEA may terminate membership for failure to pay membership, sponsorship, event or trade service fees. In addition, during any period in which member payments, whether for membership, sponsorship, event or trade service fees, are overdue, the IEA may suspend all or part of the provision of any services to the member in question
Events & Training Courses
IEA members should book, and were fees apply, pay for event attendance and courses at through the website or by contacting a member of staff at the IEA. The fees for such events and training courses can be paid for via credit card, paypal, stripe, or an invoice request. Event bookings and training courses will close 3 days prior to the scheduled date. All fees should be paid in advance in order to secure your organisation’s place. Should your company fail to make payment within the appropriate time frame, the IEA reserves the right to release your company place to allow another member or stakeholder attend the event or course.
If you cancel your attendance at least 7 days before the IEA Event or Training Course is due to begin, you will be due a full refund of that amount.
If you cancel your attendance within 7 days of the IEA Event or Training Course or if you fail to attend, no refund will be given.
Visa & Legalisation / Consular Services
When we process your visa application, passport application or legalise your documents it is done in good faith that the information supplied is accurate and truthful. We bear no responsibility for actions, delays or expenses incurred due to incomplete or inaccurate information supplied or for any event beyond our control that may cause delays.
We follow the instructions and guidance, when applicable, of Embassies, Consulates (or their affiliations), notaries public, chambers of commerce and government departments to finalise the legalisation of your documents and to process your visa application. It remains at the discretion of these parties to legalise a document or grant a visa and we cannot encourage or influence their decision.
You have the right to cancel any job lodged to the Consular Services department. Related fees and charges will apply under the following terms:
- Full handling charges will apply if the documents have been processed by the IEA.
- Full courier charges will apply if the documents have left our premises.
- Embassy fees will apply if the documents have been lodged to an Embassy or Consulate.
- In any event, any fees incurred by the IEA will be passed on to the customer.
In the event that handling fees exceed the normal time spent managing, processing, explaining, filling out documentation or carrying out administrative duties, the IEA reserves the right to charge an additional handling fee of €20 + VAT per hour for members and €100 + VAT per hour for non-members.
Clients will be provided with a quote from the initial briefing of the service requirements. Once the service has been carried out an invoice will be sent to the client detailing all charges and fees due to be paid. Once the client makes payment or in special circumstances corresponds in writing to the IEA that they will proceed with payment the IEA will release all documentation to the client.
Staff and Contractors
The IEA shall be entitled to subcontract, delegate or assign the provision of any services or any of their rights or duties under these terms. The IEA shall have discretion as to which of its employees, agents or contractors are assigned to perform the services.
Third Party Services
The IEA from time to time will select various Sponsors/Partners/Trainers who agree to provide core and other services and products for its members and clients. The IEA agrees that it will select third Parties in good faith for the benefit of its members and the IEA shall be entitled to take payment in relation to products or services sold and delivered to its members. If a member decides to purchase a product offered by a third party, then the Agreement for the provision of that product or service will be between the member and the third party unless otherwise specified. The IEA offers no guarantee or assurance that the product or service will be suitable for the members requirements or that it will be delivered as agreed and the IEA shall have no liability whatsoever for any failure or default on the part of the third party.
Policy, Representation and Public Affairs
The IEA will use its best endeavours to represent the interests of its members No liability is accepted for such representation or for any policy position adopted by the IEA. The IEA provides press releases, infographics, articles, briefings, guides, surveys, information, blogs, website, guidance notes, statements and newsletters as part of various services provided. The IEA will use reasonable endeavours to ensure that the information contained in these publications is accurate at the time of publication.
All intellectual property rights of any nature (including copyright) created or provided by the IEA or its employees, agents, sponsors or contractors shall be and remain the property of the IEA and any such materials shall be licensed and distributed to members for their internal use only.
Members Section on Website
From April 2019 all active member companies will be set up with a private user section for membership renewals, booking training courses, booking events, updating users and their information, news and more. The lead contact of the member company may nominate a number of users in their company, validated by the IEA, and authorised by the organisation to represent its interests. Each user is entirely responsible for maintaining the confidentiality of your or your organisation’s password and account information, and for any and all activities, which may occur under your or your organisation’s account or password. You agree to immediately notify the IEA of any unauthorised use of your or your organisation’s account, password or any other breach of security known to you.
The IEA will not be liable for any loss that your organisation may incur as a result of someone else using or accessing your or your organisation’s password or account, either with or without your or your organisation’s knowledge. However, your organisation may be held liable for losses incurred by the IEA or any other party as a result of someone else using or assessing your or your organisation’s password or account. Your organisation will not use anyone else’s account at any time without the permission of the account holder. Your organisation may change its password or profile by following the instructions on the website.
Confidentiality of correspondence between the IEA staff, National Council, contractors, sponsors or agents and individual members and the IEA maintains that confidentiality as a condition of membership. Members will not, without the prior written consent of the IEA, use, copy, adapt, alter or part with possession of any information to any third party and/or correspondence provided to it by reason of their membership of the IEA which is disclosed or otherwise comes into its possession under or in relation to their IEA membership and which is of a confidential or proprietary nature. This obligation will not apply to information which the recipient can show was in its possession at the date it was received or obtained or which the recipient obtains from some other person entitled to it or which is in or comes into the public domain at the time otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient. Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees or subcontractors who need to know such information or where the other party has consented to such disclosure. The IEA shall be entitled to use any member’s information in its general reports or for the purpose of collating information about its members and employers generally provided that the IEA obtains the members consent before publishing any member name or information which allows the member to be specifically identified.
From time to time the IEA provides assistance to its members on international trade related matters and this should not be construed as consulting or advice in any manner.
To the extent permitted by law, we provide the IEA website without any warranties or guarantees. In particular, we do not warrant that the website or any of its contents are virus free. You or your organisation must take its own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Although we do our best to provide constant, uninterrupted access to the website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The website provides content from other sources and while we try to ensure that material included on the website is correct, we cannot accept responsibility if this is not the case. This d isclaimer does not affect your organisation’s statutory rights.
To the full extent allowed by law, your organisation agrees that the IEA will not be liable to you or your organisation for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or relating to the website, assistance or introductions to other members, contractors, agents or sponsors. If we are found to be liable to you or your organisation our liability shall not exceed the membership fees. Nothing in these terms and conditions shall exclude the IEA’s liability for personal injury or death caused by negligence.
Changes to Terms & Conditions
We reserve the right to change these Terms and Conditions at any time. Any changes are effective immediately upon posting to the website. Your or your organisation’s continued use of the website constitutes both your and your organisation’s agreement to such Terms and Conditions.
This Agreement shall be governed by the laws of the Republic of Ireland.
If you have any questions or queries please contact us providing your or your organisation’s name, address telephone number and details to email@example.com.