Schools need to:
- Complete the online Application Form (below) to become a VEN Member
- Accept the Policies document covering virtual schools.
- Pay the annual $56.25 (GST inclusive) membership fee
Forms and/or Payment can be made to:
"VEN Membership"
PO Box 5268
Dunedin
Virtual Education Networks Limited (“us” “we” or “our”) has entered
into various negotiations with individual service providers
to provide cost effective packages of products to our member
schools. This enables our members to enjoy the benefits of
collective bargaining as it assists them in securing the
types of services they require in a cost efficient manner.
On this basis Virtual Education Networks Limited agrees that you, the
organisation named below (“you”) will become a member of our
“virtual education team” on agreeing to be bound by the
attached terms which shall govern your relationship with us.
When you sign this agreement we will give you a Key which will enable you
to enter into a direct contractual relationship with the
suppliers we have negotiated with to provide you services.
STANDARD TERMS
1.
YOUR OBLIGATIONS
You agree throughout the term of this agreement:
a) to enter into any Supplier Contract you
consider appropriate to fulfil your requirements;
b) to read, understand and comply with our
membership requirements and policies as may be amended by us
from time to time and made available on [www.virtualeducation.net.nz].
The membership requirements and policy statements shall be
construed to be terms of this agreement and failure to comply
with them shall be a default under this agreement.
c) to provide us with regular updates
as to how your relationship with Suppliers is working;
d) to supply us with all information that
comes into your possession that may assist us in providing
additional benefits to our members.
e) that we may at any time cancel the Key(s) we
have given you if we have reason to believe you have breached
or are in breach of our membership requirements and/or policy
statements.
2.
PROMOTION
We reserve the right to undertake promotional and marketing
activities in relation to membership benefits as we think fit.
We may also undertake promotional and marketing activities
which may make specific reference to you, and you consent to
us making such reference.
3.
PAYMENT
a
a) You
agree to pay us NZ$50 plus GST (if any) ("Membership Fee")
within 30 days of the date of receiving our invoice.
b) We may change the Membership Fee for the
coming period at the end of the year.
4.
TERM AND TERMINATION
a) This agreement shall commence on the date
of this agreement and will continue in force until either
party terminates it under this clause.
b) Either party may terminate this agreement
on giving three month’s written notice to the other party.
c) If either party gives notice of a
default under this agreement, and the default is capable of
being remedied and it is not remedied within a period of ten
calendar days; or the default is not capable of being
remedied, that party may give written notice to the other
party terminating this agreement either immediately or at any
later date.
d) Upon termination of this agreement:
i) you
will immediately advise all Suppliers that this agreement has
been terminated and you are no longer our member;
ii) the Key we have issued to you will
expire;
iii) you will return all confidential
proprietary information supplied to you by us under this
agreement;
iv)
you will cease to use any trade names, or trade or service
marks belonging to us.
5.
WARRANTIES
Each party warrants that it has the power to enter into this
agreement and has obtained all necessary resolutions and
approvals to do so.
6.
LIMITATION OF LIABILITY
a) We exclude all direct and indirect
liability whatsoever that we may have to you.
b) If we are ever liable to you, and for any
reason cannot rely on the exclusion of liability set out in
clause 6a.
The maximum aggregate amount we will be liable to you for is
the Membership Fee you paid to us for the year in which the
cause of action arose.
7.
INDEMNITY
You indemnify us and keep us indemnified against any loss
suffered or liability incurred by us as a result of any
failure by you to meet your responsibilities under this
agreement.
8.
GOOD FAITH
Both parties agree to act in good faith towards the other
party at all times and in all matters for the term of this
agreement.
9.
DISPUTE RESOLUTION
If there is a
dispute
between the parties arising out of this agreement:
a) The party claiming a dispute has arisen
must give written notice to the other party specifying the
nature of the dispute.
b) The parties will endeavour, in good
faith, to resolve the dispute referred to in the notice by
using informal dispute resolution techniques.
c) If the parties do not agree on a
dispute resolution technique within 14 days after the date
notice of a dispute was given, the dispute is to be mediated
according to the standard mediation agreement of LEADR New
Zealand Incorporated (Lawyers Engaged in Alternative Dispute
Resolution), and the Chair of LEADR (or the Chair's nominee)
will select the mediator and determine the mediator's
remuneration.
10.
MISCELLANEOUS
a) You may not assign any of your rights or
transfer any of your obligations under this agreement without
obtaining our prior written consent.
b) If any provision of this agreement is
held to be invalid or unenforceable, the validity of the
remaining provisions shall not in any way be affected or
impaired.
c) No failure or delay to exercise a
right under this agreement prevents the exercise of that or
any other right on that or any other occasion.
d) The provisions of this agreement
constitute the entire agreement between the parties.
e) Subject to clause 1 b. any variation to
this agreement must be made in writing and signed by the
parties, and then attached to this agreement.
11.
DEFINITIONS
In this agreement:
“Key”
means written notification from us that you have entered into
this agreement, confirming you are now one of our members and
as such are eligible to enter into a specified Supplier
Contract.
“Membership Fee”
means the annual membership fee payable by you to us, as
specified on the cover page of this agreement.
“Supplier”
means the service providers we have negotiated with for the
provision of the Services to you.
“Supplier Contract” means an
independent contract between you and the Supplier for the
provision of the Services.