Terms & Conditions of MyNACFB
PROTECTING YOUR PRIVACY
In the interests of confidentiality, all NACFB Staff work under confidentiality and non-disclosure agreements.
If you would like a specific confidentiality and non-disclosure agreement for your organisation, please request this by email – email@example.com.
NACFB Compliance– TERMS AND CONDITIONS OF BUSINESS
Agreeing to these Terms & Conditions creates a contract between your organisation and NACFB Compliance, a part of the National Association of Commercial Finance Brokers, done so by ticking the box ‘I/We agree to the Terms & Conditions of Business’.
These are our Terms and Conditions of Business and we ask you to take the time to read them. Any reference to ‘MyNACFB’, ‘we, ‘us’, ‘our’ or ‘Company’ means MyNACFB training & education provided by NACFB Compliance. Any reference to ‘you’ or ‘your’, or any similar expression means the individual, company, or organisation with whom we will be working with. Any reference to ‘Registered Individuals’, ‘RIs’, ‘Member’, ‘Subscriber’ or ‘Subscribers’ means your named status once you have entered into this contractual agreement.
YOUR SUBSCRIPTION TO MyNACFB:
1.1 You will be required to complete the online registration form which is the contractual agreement for Members of the NACFB or Subscribers to NACFB Compliance to use for free, or for those who are not RIs and those outside the Association to subscribe to NACFB Compliance, which can be completed on www.nacfbcompliance.co.uk/training. If your registration is accepted, then you will receive a written confirmation by email that you have become a Subscriber of MyNACFB. Registration is assigned to you and you are not allowed to re-assign the rights and obligations elsewhere without prior written consent.
1.2 Registered Individuals of NACFB Members & Subscribers to NACFB Compliance have free access to MyNACFB Training & Education for as long as you are an RI of an active Member firm, or a Subscriber to NACFB Compliance.
1.3 For those who are not Registered Individuals or Subscribers of NACFB Compliance your payment details are due upon registration for your annual subscription fee, and will need to be accepted before you become a user of MyNACFB. The fee is charged at an annual rate of £48 + VAT per user. This can be divided equally over 12 months and paid by Direct Debit only.
1.4 Note: Only Registered Individuals of Members of the NACFB and one person from a subscribing firm to NACFB Compliance have free access to this service. Cancellation of Membership to the NACFB or subscription to NACFB Compliance will result in registration for MyNACFB being cancelled and the outstanding fee being paid.
1.5 From time to time there may be products and services available to Members for which the Association will reserve the right to make a charge.
1.6 Paying for your subscription to MyNACFB: Full details of your subscription fee will be provided to you during the registration process, and payment is due upon registration. The cost for one year’s subscription for MyNACFB to NACFB Compliance is defined in section 1.3. By agreeing to this document, a Subscriber of MyNACFB agrees to pay the fee in full, divided equally over a 12-month period.
1.7 Payment can be made via:
- Monthly Direct Debit (divided equally over 12 months)
1.8 Failure to pay your subscription to MyNACFB: If you fail to pay any subscription fee on the due date we may, without prejudice, suspend your registration until payment has been made in full, or we may charge interest (statutory interest + Bank of England base rate) on the outstanding sum which will accrue on a daily basis until the actual date of payment. You will be additionally liable for the value of a full year’s subscription or the rest of the 12-month period. Consistent failure to pay your subscription will inevitably result in NACFB Compliance pursuing payment through any means available at the time.
1.9 Renewal of subscription to MyNACFB: Your MyNACFB subscription to NACFB Compliance forms a one-year binding contract, whereby the subscription will automatically renew after one year through a direct invoice. The subscription amount will remain at the same amount as the first year unless NACFB Compliance have advised any changes or upgrades to subscription.
2.1 You may cancel your subscription by emailing us at firstname.lastname@example.org. We require a one-month notice period for cancellations, and cancellations will only be granted to organisations who have settled their annual subscription fee in full, and the final amount will be prorated against the subscription start date. Please be aware that because your subscription can be used immediately, you do not have the statutory cooling off period during which you may cancel your subscription without charge. We may terminate your subscription to MyNACFB immediately by giving you written notice if you breach the conditions of these Terms and Conditions.
2.2 You have the right to a 14-day cooling off period which commences from submission of your registration. If you choose to activate and use this service within this cooling off period, this is taken as acceptance that you waive all rights to your cooling off period. The terms and conditions set within this document must then be adhered.
2.3 Upon termination of your Subscriber status all rights and licences granted to you under these Terms and Conditions automatically cease and you may not use any of NACFB Compliance intellectual property.
COPYRIGHT AND TRADEMARKS:
3.1 You acknowledge that all intellectual property rights pertaining to NACFB Compliance that are utilised by your organisation, as a Subscriber, are owned by or licensed by NACFB Compliance, including but not limited to:
- We hereby grant you a non-exclusive and non-transferrable licence to use such Copyrighted material solely for the purposes of your Subscriber status with NACFB Compliance in accordance with these conditions.
- You undertake to follow the instructions given in the permitted use of the Copyrighted material and any of our other intellectual property rights.
- We reserve the right to terminate immediately your right to use any of the Copyrighted material by giving you written notice if, in our opinion, your continued use could be prejudicial to the reputation of the Company and/or its other Subscribers.
NACFB COMPLIANCE– FACILITY AND SERVICES:
4.1 NACFB Compliances will provide Subscribers with training & education material, an area to record CPD and any other development material we feel will be of benefit. Where we provide recommendations or suggestions, we do not take responsibility for their implementation and embedding. Any recommendations made will be generic and Subscribers should ensure that what is implemented is appropriate to their overall business and where necessary should seek legal advice.
4.2 We are a supplier of training & education services and products and do not assume any responsibility for the Subscriber’s regulatory Compliance.
5.1 To the fullest extent permitted by law, we the Company and any third parties connected to us shall not be liable to you, the Subscriber for any costs, expenses, loss, or damage (whether direct, indirect, or consequential, and whether economic or other) arising from your exercise of any Subscriber or other rights granted to you under these Conditions. We hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or equity. Nothing in these conditions shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud. Our aggregate liability to you in respect of claims arising out of or in connection with these Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise shall in no circumstances exceed 200% of the total Subscriber fee payable by you in the year in which the claim arises.
6.1 As a Subscriber of MyNACFB, you will indemnify NACFB Complianceagainst all liabilities, costs, expenses, damages, and losses.
6.2 This includes any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest penalties and legal and other reasonable professional costs and expenses suffered or incurred by us, that arise out of or in connection with any breach of these Conditions by you including (but not limited to); any breach of any provisions relating to the licensing of the Company’s intellectual property to the Subscriber or out of our use, review and standards of any Compliance related materials.
7.1 Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party.
7.2 Each party may disclose the other party’s confidential information:
- To its employees, officers, representatives, or advisers who need to know such information for the purposes of carrying out the party’s obligations under this agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information comply with this clause
- As may be required by law, court order or any other governmental or regulatory authority, no party shall use any other party’s confidential information for any purpose other than to perform its obligations under these conditions.
8. OTHER IMPORTANT THINGS YOU NEED TO KNOW:
8.1 Any training & education related materials that we the Company provide, are intended for the sole use of the Subscriber. You must not distribute these items to any third party without the prior written consent of NACFB Compliance. This applies to a Subscriber in the event of cancellation/termination of subscription. Any breach of this will be treated seriously and may result in legal proceedings.
8.2 You must keep your subscription details confidential to help us maintain the security of NACFB Compliance and its website.
8.3 What happens if you don’t comply with these terms? We will treat any non-compliance as a serious issue, and if we think you have breached any of these terms, we may take any action that we consider appropriate. This may include the temporary or permanent suspension of the use of any of our training & education related material and may include legal proceedings.
9.1 These conditions and the documents referred to in them constitute the whole agreement between the Company and the Subscriber and supersede all previous agreements between them.
9.2 Subscribers must acknowledge that on application, you have not relied on and shall have no right or remedy for any statement, representation, or warranty other than as expressly set out in these Conditions. Nothing in this clause shall limit or exclude any liability for fraud.
9.3 No variation of these Conditions shall be effective unless in writing and agreed by the Company and the Subscriber.
9.4 No person other than the Company or the Subscriber shall have the right to enforce these Conditions. Nothing in these Conditions establishes any partnership or joint venture between the parties, constitutes either party, the agent of another party, nor authorises either party to make or enter into any commitments on behalf of the other.
9.5 No failure or delay by us in exercising (or partial exercising of) any right or remedy available to us under these Conditions or at law shall constitute a waiver of that right or remedy or restricts its further exercise.
9.6 If any court or competent authority finds any provision of the conditions to be invalid, illegal, or enforceable, that provision, shall, to the extent required, be deemed to be deleted, and the remaining provisions of these Conditions shall not be affected. If any relevant provision would become valid, enforceable, or legal if part of it were deleted, it shall apply with the minimum modification necessary to make it legal, valid, and enforceable. These conditions (and any related disputes or claims) shall be governed by and construed in accordance with English law and the parties hereby irrevocably agree to the exclusive jurisdiction of the English Courts.
Overseen by NACFB Compliance, part of the National Association of Commercial Finance Brokers
33 Eastcheap, London, EC3M 1DT
Registered in UK: 03305378