Terms and Conditions: "the DCA” means
Data Centre Alliance Limited (Company Reg. No. 118442328 and the "Member”
(which expressions shall include any principal on whose behalf the joining form is completed) means the person, firm, company or organisation on
whose behalf they are acting or purporting to act as set out on the joining form.
The following terms and Conditions
relate to the following DCA "Member” types:
Member (Associate Member)
- Corporate Member
- Corporate Partner
Organisations (Full Partner)
- International Partners Organisations
The Member agrees to pay the DCA the
annual membership dues in advance set out in this Membership Agreement.
4.By submitting the Application form to join the DCA the Member is agreeing to the Terms and Conditions of membership which is subject to an annual subscription fee in line with the membership type/level selected; The first years membership fees become due immediately upon application in-line with the DCA standard payment terms detailed in clause 10. No refunds are available once an application is submitted and the member will be liable for the full annual membership fee. Failure to pay dues will be deems as a breach of contract under these Terms and Conditions.
Members annual subscription is
automatically renewed and is due upon the Members anniversary date unless
notice is served. Notice may to be served by the Member in writing and
acknowledged by the DCA. A minimum of ONE months’ notice is required prior to
the date of the Members anniversary/renewal date. If no written notice is
received within a minimum of ONE months’ prior to the date of the Members anniversary/renewal
date the proceeding year’s membership dues will be charged and will be due for
payment in full with no option of refund.
By joining the DCA the member is
agreeing to these terms and conditions and this agreement constitutes a legally
binding contract between the DCA and the Member, the conditions of Membership
are outlined in these terms and conditions and Members are bound by the DCA
members Code of Conduct, amendments to which are subject to change as outlined
in clause 13 http://www.datacentrealliance.org/members-code.php
7. Upon joining the DCA the member will receive an invoice covering the annual subscription fees due, which are paid in advance. Payment can be made either by bank transfer or by cheque. At this point in time payment by direct debit or credit card can not be accepted.
8. New members and existing members who have been renewed in line with clause 5 are required to make full payment upon receipt of an invoice. Under this agreement unless prior written agreement has been sort the member may not withhold any
payment after the final payment due date (see clause 10).
9. The Member shall have their
membership suspended and pay interest on all amounts remaining unpaid after the
final payment due date at the statutory rate pursuant to the Late Payment of
Commercial Debts (Interest) Act 1998. The Member shall pay all debt collection dues
(including legal fees) and costs whatsoever incurred by the DCA in collecting
the dues. All sums due under this Agreement are exclusive of Value Added Tax,
the amount of which shall be paid by the Member to the DCA at the prevailing
10. The DCA's standard payment terms are 15 working days from date of invoice. Membership dues not received within
15 days of becoming due will result in membership being considered lapsed and as a result the DCA reserves the right to suspend all services pending payment. However, the annual membership
charges will continue to be due, together with interest at 2% above the Bank of
England’s base rate.
No Pro-rata refunds will be made if
cancellation notice is received in writing during any previous annual
Membership dues may be revised
periodically and will be notified to Members in writing or notified to all
members via electronic means through the member’s portal.
Terms and conditions of Membership, may be
revised from time to time and will be notified to Members in writing or
notified to all members via electronic means through the member’s portal.
Payment for applications from
companies with non-EU mailing addresses may be subject to additional bank handling surcharges.
Membership is intended for the named
Member organisation only or in the case of individual membership in the name of
the assigned person.
In agreeing to become a Member, the
Member consents to data relating to them – to the extent that it is not
publicly available – being held on the DCA’s computers.
17. Orders placed with the DCA shall
constitute a contract when the Member either submits an on-line application, submits a hard copy application form, signs
an order or confirms their acceptance by email.
The DCA may terminate this agreement
at any time giving 28 days notice to the Member, the DCA will provide full
details of the reason for termination and the Member has the right to appeal in
writing to the DCA Board of Governors.
The DCA will clearly state online and
in related literature what the dues cover for the various membership levels http://www.datacentrealliance.org/membership.php
Benefits of membership are outlined
The Member gives consent to the DCA
to carry out a credit check on the partners and directors of the organisation
at the DCAs discretion. The credit search will be recorded by the credit agency
appointed by the Data Centre Alliance Ltd to conduct any credit investigations,
and may be disclosed to subsequent enquirers.
In the first instance all enquiries
shall be directed to firstname.lastname@example.org
Members have licence to only display
the correct DCA Member Logo badge which relates to their specific member type
on their DCA website and corresponding marketing literature. The Member shall not,
without the DCA prior written agreement, provide to any third party the Member
logo which relates to their member type.
Members who serve notice or who have
had their membership suspended can no longer display the corresponding
Membership Badge or any content pertaining to their membership of the DCA on their
Website or within any marketing material. All related content will need to be
removed with immediate effect.
The DCA may reproduce for reasonable
publicity purposes any photographs taken and drawings prepared by it in the
performance of the Membership Services. The Member will consult with the DCA
when issuing publicity which concerns the Membership Services. The DCA shall
not use any information that the Member has stated in writing to be
The DCA’s total liability in
contract, tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in connection with the
performance or contemplated performance of this Agreement shall be limited to
the cost of the Membership Services supplied under the Agreement; and the DCA
shall not be liable to the Member for any indirect or consequential loss or
damage (whether for loss of profit, loss of business, loss of revenue,
depletion of goodwill or otherwise), costs, expenses or other claims for
consequential compensation whatsoever (howsoever caused) which arise out of or
in connection with the Agreement. Nothing in these conditions excludes or
limits the DCA’s liability for fraudulent misrepresentation or for death or
personal injury caused by the DCA’s negligence.
The Member warrants and represents to
the DCA that it has and will continue to provide accurate and up to date data
to the DCA which the DCA can rely upon.
Any data provided is solely for the
use of the Member it was provided to (either under membership of the DCA or
through any specific consultancy activities provided by the DCA). This data
cannot be sold, re-sold or circulated to other organisations, private bodies or
individuals not directly employed by the Member unless prior agreement has been
sought from the DCA.
Any data provided by the DCA is
updated regularly and the figures are subject to change from the original date
Contract between the Member and the DCA
shall be covered by English Law and the Member and the DCA submits to the
exclusive jurisdiction of the English courts.
DCA doc 23354-V4 dated 2013
Link back to DCA website
Link back to DCA Members Portal
Link back to DCA Membership Application Form