TERMS AND CONDITIONS OF MEMBERSHIP
As Amended March 2022
Members are expected to comply with all applicable laws and regulations, of Ghana.
1.0 MEMBERSHIP RIGHTS AND OBLIGATIONS
1. Generally:
Member agrees to pay the annual fees established for its Membership Class, and job application fee where applicable as may be amended from time to time in accordance with our constitution. Membership Dues/Fees are yearly, and payment is required upon signing (to activate membership) and upon renewal (on the anniversary of membership activation). Other classes of membership and affiliation fees must be paid every two years or onetime /lifetime, Refer to https://www.unagh.org/membership-levels/
2. Compliance with Policies
Member agrees to abide by, and shall have all applicable rights and obligations as set forth in UNAGH constitution, and any and all additional policies and procedures adopted by UNAGH, as any of these may be amended from time to time.
3. Suspension and Termination.
The UNAGH may terminate membership when it is discovered that you deliberately gave false information about yourself at the time of applying for membership. Other reasons include: (i) suspend participation of Member if it fails to pay its annual fees on time, or (ii) suspend or cancel participation of Member if it violates any of the UNAGH code of ethics or engages in a conduct that brings the image of the Association to disrepute.
2.0 GENERAL
1. Authority to Execute Agreement
The person entering into this Agreement on behalf of Member hereby represents, warrants and covenants to UNAGH that (a) it has the authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution and performance of this Agreement does not and will not violate any agreement to which Member is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of Member, enforceable in accordance with its terms.
2. No Other Licenses
By executing this Agreement, Member neither grants nor receives, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of UNAGH or another member, except as expressly provided in the UNAGH constitution, (example the right to disclose and publicize the Member’s membership in UNAGH website and other media platforms, unless requested otherwise in writing by the Member).
3. No Warranty
EACH PARTY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE AGREED IN WRITING, ALL SERVICES AND INFORMATION PROVIDED TO OR BY UNAGH UNDER THIS AGREEMENT IS PROVIDED “AS IS” WITH NO WARRANTIES OR CONDITIONS WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND UNAGH AND MEMBER EACH EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO SUCH SERVICES AND INFORMATION.
4. Limitation of Liability
IN NO EVENT WILL EITHER UNAGH OR MEMBER BE LIABLE TO EACH OTHER OR TO ANY OTHER MEMBER OR THIRD PARTY UNDER THIS AGREEMENT FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST REVENUE, LOST SALES, LOSS OF USE, LOSS OF DATA OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. EXCEPT FOR MEMBER’S DUES COMMITMENT, OR IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR WHERE REQUIRED BY APPLICABLE LAW, OR AS OTHERWISE AGREED IN WRITING, THE AGGREGATE LIABILITY OF UNAGH TO MEMBER AND TO OTHER PARTIES, AND OF MEMBER TO UNAGH, TO OTHER UNAGH MEMBERS OR TO OTHER PARTIES, SHALL NOT EXCEED THE PAST 12 MONTHS’ MEMBERSHIP FEES PAID BY THE MEMBER TO UNAGH.
5. Governing Law
This Agreement shall be construed and controlled by the laws of Ghana without reference to conflict of laws principles. If any claim or dispute between the parties is not resolved by good faith negotiations, any suits or proceedings pursued by either party shall be brought in the courts of Ghana to whose jurisdiction each party hereby submits.
6. Complete Agreement; No Waiver
This Agreement, including all attachments, sets forth the entire understanding of UNAGH and Member and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
7. Amendment
All amendments to this Agreement or to any UNAGH shall be effective upon their stated effective date. Member shall NOT be given any prior written notice of the effective date of an amendment to this Agreement, including as a result of any changes to the UNAGH terms and conditions which is adopted in accordance with UNAGH constitution and that directly and materially affects adversely any of the rights or obligations applicable to Member hereunder (each of the foregoing, an “Amendment”). If Member does not agree to any such Amendment to this Agreement that was approved in accordance with the UNAGH constitution, then Member shall provide written notice to UNAGH of such disagreement If the parties are not able to reach a mutually acceptable accommodation (for example, the parties agree to a phase-in of the Amendment, UNAGH determines to withdraw, suspend or modify the Amendment, or UNAGH grants Member a waiver or variance), this Agreement and Member’s membership in UNAGH shall terminate automatically upon expiration, unless Member elects to withdraw by written notice on an earlier date. Amendments shall be prospective only unless otherwise agreed to by the Member and UNAGH. No termination or withdrawal pursuant to this paragraph will entitle Member to a refund of Membership dues or other fees, all of which are nonrefundable.
8. No Rule of Strict Construction
Regardless of which party may have drafted this Agreement, no rule of strict construction shall be applied against either party. If any provision of this Agreement is determined by a court to be unenforceable, the parties shall deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of this Agreement will continue in effect.
9. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but collectively shall constitute one and the same instrument.
10. Compliance with Laws
Anything contained in this Agreement to the contrary notwithstanding, the obligations of UNAGH and Member shall be subject to all laws, present and future, of any government having jurisdiction over UNAGH and Member including, without limitation, all export and re-export laws and regulations. It is the intention of UNAGH and Member that this Agreement and all referenced documents shall comply with all applicable laws and regulations.
11. Headings
UNAGH and Member acknowledge that the headings to the sections hereof are for reference purposes only and shall not be used in the interpretation of this Agreement.
12. Assignment
Member may not assign its rights or obligations under this Agreement without the prior written consent of UNAGH or as otherwise set forth in the constitution.
13. Force Majeure
Neither UNAGH nor Member shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
14. Logos and Names
You grant UNAGH the right to use your personal information / organization’s name and logo on the UNAGH’s website and on related marketing materials, solely to indicate your membership in UNAGH. As long as you remain a member in good standing, you may use UNAGH’s name and logo, in the format and with the notices provided or requested by UNAGH, solely to indicate your membership in UNAGH.