Membership Terms and Conditions
BOUND BY RULES
I/we agree to be bound by all the rules, regulations, standing orders, agreements, resolutions and decisions which are now in force or may be adopted by the Master Plumbers' Association of Queensland ('the Association') in the future from time to time.
I/we acknowledge that the Association permits me/us to display the Association logo to indicate the Company's membership of the Association (in accordance with the rules and regulations of the Association) and the Association shall allow access to Association goods and services provided that I/we remain a financial member of the Association in good standing.
I/we acknowledge that the Association may change or vary this Agreement by giving the Member reasonable notice in writing. Continued use of the Association's services after notification of the changes is subject to those changes.
I/we warrant that all the information provided by the Member in the membership application is true and correct.
I/we agree that the Association may disclose personal information collected by the Association to other related entities of the Association, any network created by the Master Plumbers across Australia and its Member Associations, any other like associations in Australia, and product and service partners of the Association for marketing, research or other uses, including without limitation:
- The provision of improved services to the Association including:
- Billing and account management;
- Business planning and product development; and
- To provide you with information about promotions, as well as the products and services of Association partner organisations;
- The distribution of regular publications; and
- In conjunction with the Association's website for the display of contact details.
TERMS OF PAYMENT
- You must pay for all goods and services purchased from the Association within 28 days of placing such order, regardless of any date of delivery or date on the invoice. The Association may vary these credit conditions depending on the goods or services. Continued use of the Association's services after notification of the changes is subject to those changes.
- You agree to personally guarantee payment in full of all debts incurred with the Association in the terms as set out below.
- The Association may suspend services without prior notice where you default in payment. The Association may charge interest on on any unpaid amounts at 15%p.a. accrued from the payment due date to the date of the payment, and you shall also be liable to pay all debt collection expenses reasonably incurred by the Association, including legal costs on a solicitor/own client basis.
GENERAL TERMS AND CONDITIONS
- The Member warrants that all the information provided by the Member in the membership application is true and correct.
- The Member as beneficial owner and as trustee of any trust charges in favour of the Association all of the Member's right, title and interest in real and personal property (including real property acquired in the future) to secure the payment of all money and the observance and performance of the Member's obligations under this Agreement and the Association may register a caveat over the Member's real property in respect of this charge.
- The Member indemnifies and keeps indemnified the Association against all costs (including legal costs on a solicitor and own client basis, commercial agents' fees and commissions) associated with the recovery of payment of any monies outstanding.
- The Association may from time to time require the Member to provide security as a condition of continuing this Agreement and future supply of goods and services. For the purposes of this clause, 'security' includes a guarantee, indemnity, mortgage or charge granted by a person nominated by and on nominated conditions by the Association.
- The Association may in its sole discretion, without prior notice and for its own convenience cancel any trading arrangements with the Member.
- The Member agrees that the Association may make all reasonable investigations from time to time into Member's financial standing and credit worthiness, including but not limited to the following:
- Obtaining a credit report from a credit or commercial reporting agency containing personal or commercial credit information about the Member and their credit worthiness, standing, history or capacity;
- Giving to, and obtaining from, the Member's trade references, any credit provider, or anyone the Association may reasonably consider necessary, information about the Member's personal or commercial credit status; and
- Obtaining information from a financial professional for purposes connected with the business, trade or profession of the Member.
- The Member authorises the accountant/s and / or financial institution/s for the Member to supply such information on the financial and credit position and staus of the Member as is reasonably required by the Association. If required by the Association, the Member will provide any and all necessary authorities to enable such organisations to provide the relevant information.
- The Member acknowledges that the Association has informed the Member, in accordance with the Privacy Act 1988, that certain terms of personal information about the Member are permitted to be kept on a credit information file and might be disclosed to credit reporting agencies.
- An unpaid invoice of the Association is proof of the monies owing by the Member as at the date of the invoice unless the Member proves to the contrary.
- If the Member is the trustee of a trust, then they will be liable hereunder both in their personal capacity and in their capacity as trustee of the trust for performance of all obligations contained in this Agreement. Such Member charges all rights of indemnity they have against the trust with the payment of any monies payable under this Agreement.
- The Association may change or vary this Agreement by giving the Member reasonable notice in writing. Continued use of the Association's services after notification of the changes is subject to those changes.
- Failure to exercise, or delay in exercising, any right under this Agreement shall not constitute waiver of that or any other right under this Agreement, nor shall it prelude or restrict any further exercise of that or any other right or remedy.
- A party claiming that a dispute has arisen under this Agreement shall give written notice to the other party providing particulars of the dispute and nominating a person with authority to settle the dispute.
- The authorised persons shall within ten (10) business days of giving the notice of the dispute will discuss the dispute with the other party, in good faith and without prejudice, and seek to resolve the dispute.
- If the dispute is not resolved within twenty (20) business days of giving the notice of dispute, a party may refer the dispute to commercial arbitration for resolution.
- If any arbitration award is in favour of the Association, the Member shall pay the Association's costs in respect of the arbitration on a solicitor / own client basis. The arbitrator shall tax costs at the conclusion of the arbitration.
- By agreeing to membership with MPAQ, the Guarantor(s) hereby jointly and separately agree that in consideration of the Association agreeing to supply goods and services from time to time at the request of the Member, the Guarantor(s):
- Guarantee the payment of any and all monies owing under this Agreement, and if at any time the Member defaults in payment, the Guarantor(s) will pay on demand the whole of the money then due plus any charges costs and expenses (including legal costs on a solicitor /own client basis) which the Association may incure as a result of the default of the member or calling on this Guarantee.
- Indemnified and keeps indemnified the Association from all loss and damage incurred as a result of the member defaulting in payment to the Association; and
- Mortgages and charges to and in favour of the Association all right, title, estate, dividends and interest which the Guarantor(s) now hold or may hold or acquire in the future, any real or personal property with the amount of the money secured.
- Notwithstanding whether any sum of money may not be recoverable from the member whether by reason of any legal limitation, disability or incapacity on or of the Member or any circumstance, it be recoverable from the Guarantor(s) as principal debtors and shall be paid to the Association on demand.
- The Guarantor(s) liability under the guarantee shall not be impaired or discharge by reason of any time or other concession granted by the Association to the Member, or by any arrangement entered into between the Association and the Member, or any judgement or security obtained by the Association against the Member.
- This guarantee shall be a continuing guarantee for the whole of the amount that is payable by the Member on any account.
- The Association may seek from a credit reporting agency a credit report containing personal information to assess whether to accept the Guarantor(s) as a Guarantor for credit applied for, or provided to, the Member.
- The Guarantor may revoke the Guarantee in regards to future transactions by two weeks' written notice to the Association. Termination of the guarantee does not alter the Guarantor's contingent liability in respect of any money owing, incurred or due prior to the expiration of the notice period.
- Any dispute that arises under this guarantee shall be resolved in accordance with the dispute resolution procedure set out in clause 13 of this Agreement.
Contracting members who do not currently hold a valid contractor’s licence with the QBCC are able to obtain a membership with MPAQ, upon the provision of the member seeking to gain a valid contractor’s licence within one year of joining the Association. During the period of which a valid contractor’s licence is not obtained by the member, they will fall under a ‘pending licence’ status and will not be eligible for benefits such as the ‘Find a Plumber’ function on the MPAQ website. MPAQ will not promote a member to consumers to perform plumbing work when they are not appropriately licensed. The contracting member must inform MPAQ immediately upon the successful obtainment of a contractor’s licence so their status can be updated to ‘Financial’. Should the contracting member not obtain a contractor’s licence within one year of membership, MPAQ reserves the right to cancel membership until the appropriate licence is held.