Newclubonline.com

The NewClubOnline.com - Trade Account - Terms & Conditions and Policies & Procedures

TERMS AND CONDITIONS

1. (a) The Member shall during the continuance of this Agreement be entitled to market the Business Opportunity, products and/or services (if any) which shall be made available for this purpose from time to time by the Company in accordance with these Terms and Conditions and Newclubonline.com Policies and Procedures and amendments from time to time AND to receive from the Company Commission and Bonus payments in accordance with the workings of the Official Commission and Bonus Payment Plan and amendments from time to time.

(b) The Company shall during the continuance of this Agreement:

(i) Use its best endeavours to supply to the Member all additional goods and/or services (if any) ordered by the Member failing which the Member shall be entitled to the immediate return of all sums paid for such goods and/or services;

(ii) Pay promptly and on the due date any Commissions, which may be due to the Member in accordance with the Official Commission and Bonus Payment Plan and Newclubonline.com Policies and Procedures for the time being in force;

(iii) Make available to the Member details of all Products and other benefits (if any) available to the Member in accordance with the Official Commission and Bonus Payment Plan and Newclubonline.com Policies and Procedures as set out for the time being in force.

2. The Member shall not hold himself out as an employee of the Company but shall at all time act as the principal of his own independent business.

3. (a) The Member shall operate his business in a lawful and ethical manner and shall be responsible for payment of his own National Insurance contributions, income and other taxes and liabilities. In the event that the Company is required to pay VAT on any payments due to the Member under the Official Commission and Bonus Payment Plan, the Company reserves the right to self bill for such sums, in which event VAT will be deducted from any payments due to the Member.

(b) (i) The Member shall at all times comply with the Newclubonline.com Policies and Procedures insofar as they do not conflict with these Terms and Conditions.

(ii) The Company Hereby reserves the right to make changes to any or all Product prices, Company computer data, literature and also to the Official Commission and Bonus Payment Plan and Newclubonline.com Policies and Procedures provided that if such change or changes shall alter any financial obligations of the Member under the terms of this Agreement then the Company shall give to the member at least 30 days advance notice thereof. In all other cases notice of such change or changes shall be sent to the Member and/or published on the Company Website and if the Member shall have made no objection in writing thereto within 14 days from the date of such publication, then the Member shall be recognised of having accepted such changes.

(c) The Member shall during the continuance of his Membership have the right to market the Products and/or Services (if any) and the Business Opportunity of the Company (subject to any legislation in that respect from time to time in force) to any person, provided that the Member shall do so in an ethical and professional manner.

(d) The Member agrees to abide by the provisions of the DSA code of conduct and all applicable laws and regulations relating to the operation of his business and in particular with any consumer protection legislation applicable to his relationship with his customers.

4. (a) It is a condition of this Agreement that immediately upon entering into the same the Member shall pay to the Company the sum of £240.00 to cover the first years Trade Membership.

If your application is accepted the (*Minimum Term) is 12 Months commencing on the date of opening your Trade Account.

(b) The Member hereby acknowledges that he understands that he has a free choice whether or not to purchase any goods and/or services from the Company under the terms of this Agreement AND that he has been given access to the prices of all such Products and/or Services.

(c) The Member shall not under any circumstances trade, sell or promote any of our products or services on any other web site with out first getting permission to do so. This must be done in writing and/or by sending an email.

(d) The Member is under no obligation to purchase any goods or services from the date of this Agreement.

(e) The Member shall not under any circumstances make any payment nor undertake to make any payment to the Company of any sum exceeding £240.00 (excluding VAT), nor shall it be lawful for the Company to demand any such payment or undertaking for the same until the expiry of seven (7) days from the date of opening the Trade Account;

(f) The Member hereby acknowledges that he is not under any circumstances authorised or permitted to sign or to purport to sign any contract, agreement or other document whatsoever on behalf of the Company nor is he authorised or permitted to supply or sell, nor seek to supply or sell any of the goods or services made available under the terms of this Agreement to another Member. The Member likewise acknowledges that he is not under any circumstances authorised or permitted to neither purchase nor seek to purchase any such goods or services from another Member.

5. If any payment due from the Member as a consequence of entering into this Agreement shall be in arrears by more than One Calendar Month (30 day's) then the Company shall be entitled to add any amount for the recovery of monies owed to the Company; and/or terminate this Agreement and/or suspend Services forthwith under the provisions of Clause 9(c)(i) as the Member hereby acknowledges.

6. The following shall be valid reasons for the termination of this Agreement by the Company under the provisions of Clause 9(c)(i) as the Member hereby acknowledges:

(a) The making of any unauthorised claim, whether verbal or written, about the products and/or services or any of them for any purpose whatsoever;

(b) The sale, attempted sale or an offer for sale by the Member of any product or service at a price or a discount which is not authorised by the Company;

(c) The signing of any contract, agreement or other document whatsoever on behalf of the Company by the Member; the supply or seeking to supply or sell any of the goods or services made available under the terms of this Agreement to another Member by the Member; or the purchase or attempt to purchase any such goods or services from another Member by the Member;

(d) The use of any printed material (other than personal stationery) or the use of any photocopied or reprinted literature which has not been supplied or specifically authorised by the Company and;

(e) The use of media advertising (including newspapers, magazines, radio and television) for the products and/or services and/or the business opportunity which has not been sanctioned by the Company.

7. The Company reserves the right to refuse any application for any reason whatsoever.

8. (a) The Member has the right to cancel this Agreement within 14 days of entering into the same by email, just return a copy of the welcome email sent to your email account and tell us the day you wish to cancel and the reason why, or by serving written notice on the Company at the address of the Company which notice must be delivered to the Company either personally or by Recorded Delivery mail:

(i) The right to recover any moneys which he had paid to or for the benefit of the Company in connection with his Membership within 21 days of such notice being received by the Company;

(ii) The right to return to the address of the Company specified herein for such purpose any goods which the Member shall have purchased within the period between his entering into the Agreement and cancelling the same and which remain in the condition in which they were at the time of purchase (NOT OPENED, EXTERNAL wrappings not broken) AND to recover any moneys paid in respect of such goods;

(iii) The right to cancel any services ordered within the period between his entering into the Agreement and cancelling the same AND to recover any moneys paid in respect of such services not yet supplied to him.

9. (a) The Member Agrees that after the 14 day cancellation period the Membership Fee is NOT Refundable.

(b) The Member has the right to terminate this Agreement 12 Months from the date of opening their Trade Account by giving 30 days written notice to the Company at the address of the Company specified herein for such purpose or the Member is free to renew their Agreement throughout this notice period. Membership will continue ONLY upon payment of the annual Membership Fee and once we have received payment your Membership will continue again for a further 12 Months (Minimum). All Terms and Conditions and Newclubonline.com Policies and Procedures and amendments will apply.

(c) The Company has the right at the Company's discretion to terminate this Agreement by giving 28 days' written notice (which shall include the reason or reasons for such termination) to the Member at the address of the Member;

(d) Either party has the right to terminate this Agreement by giving written notice to the other at the other's address if any of the following events shall occur:

(i) The other party is in breach of any of his or its obligations hereunder;

(ii) The other becomes bankrupt or insolvent or makes any arrangement with his or its creditors OR a receiver is appointed to any of the assets of the other.

10. In any case where either the Member or the Company has terminated this Agreement under the provisions of Clause 9 hereof the Member agrees that:

(i) The Membership Fee will not be refunded after the 14 day cancellation period.

(ii) The Member shall be released from all future contractual obligations towards the Company and;

(iii) To return to the Company any goods which the Member have purchased within a period of 14 days prior to such termination and which remain in the condition in which they were at the time of purchase (NOT OPENED, EXTERNAL wrappings not broken).

11. In any case where, following termination of this Agreement by either party, goods which are returned by the Member to the Company for refund have been damaged due to an act or default on the part of the Member, the Company shall be entitled to deduct from the price an amount equivalent to the decrease in value of the goods resulting from such damage.

12. The Member shall have the right to retain, following the termination of this Agreement, any money paid to him by the Company in respect of his Membership UNLESS:

(a) The Money was paid in respect of goods or Services cancelled;

(b) The Company has refunded all moneys due to the Member in respect of goods not returned by the Member;

13. Save as expressly provided by this Agreement the Company shall not be liable for any debts or liabilities whatsoever incurred by the Member whether or not the same have been incurred during the term of this Agreement.

14. No person under the age of 18 years of age is eligible to become a Member of Newclubonline.com and any account opened by such person shall be null and void.

(a) This Agreement shall constitute the whole of the contract between the Company and the Member and no amendment or alteration thereto shall be binding unless the same shall be made in writing and signed by the parties hereto;

(b) It is an express term of this Agreement that the Member shall not be entitled (without the written consent of the Company) to make any alteration or amendment whatsoever either to the Agreement or to any official promotional or marketing literature nor shall the Member permit any other person to make any such alteration or amendment.

15. This Agreement shall be construed according to English law as the parties hereto hereby agree.

16. (a) In this Agreement unless the context otherwise requires:

(i) Words importing the masculine shall include the feminine and vice versa;

(ii) Words importing the singular shall include the plural and vice versa;

(b) The address of the Company and of the Member (as the case may be) for all purposes stated herein shall be taken to be the address of the Company or of the Member (as the case my be) shown herein or such other address (if any) as shall have been notified by the Company or by the Member (as the case may be) to the other party in writing.

(d) The expression "Member" can also be referred to as Trader and/or Distributor.

POLICIES AND PROCEDURES

This Agreement is to clearly define the policies and procedures that govern the day to day operations of Newclubonline.com and its Trade Members. They should always be read in conjunction with the Terms & Conditions, the Official Commission and Bonus Payment Plan and additions as made available from time to time.

Part One: Becoming a Newclubonline.com Member.

1. Any individual aged 18 and over may become an Independent Newclubonline.com Member. If it is discovered that a Member is being operated in the name of someone under 18, then they will have their Membership terminated immediately.

2. An individual may have or be part of only one Membership, whether as a business entity, trust or sole proprietorship. Husbands, wives and dependent children aged 18 and above may have single and separate Memberships providing it is with the team of the first family Member sponsored.

This means that a current Newclubonline.com Member cannot have or be part of a second Membership which may be in the form of another name, a company or any other organisational name, etc.

3. Corporate Memberships: If you join under the name of a corporation, business, etc..., then you must submit the proper documentation verifying the actual name of the person who owns or controls this group.

4. Business Memberships: Members may adopt corporations, partnerships, business names, or trusts, for tax, estate planning and limited liability purposes. Newclubonline.com understands each Members right to do this; however, we recognise only one individual of the said Member to act as an Independent Member with Newclubonline.com. The proper name and Membership number must always appear on all agreements or purchase orders etc. Listing the proper name and number is the Members responsibility.

5. To become a Member of Newclubonline.com go online and open a Trade Account. Make sure you have read the Terms and Conditions of Membership and in particular your rights with regard to cancellation. Upon processing your Membership Newclubonline.com will send you an email showing you how to pay. Once we have received payment a welcome letter is sent with your Membership Card.

6. All online Applications must be properly completed with all data entered correctly; this includes your referral ID Number given to you by a Trade Member.

7. Membership Agreement Forms containing errors, missing information, or unreadable data will be returned unprocessed to the prospective Member for corrections.

8. Newclubonline.com cannot be responsible for the loss of commission and/or bonuses, delays in the processing of orders, or delays in the registration of new Members due to Application errors.

9. Payment must accompany each New Application. Your Membership cannot be processed until funds are received.

10. Newclubonline.com cannot be held responsible for delays in the processing of Applications unless they are submitted directly to Newclubonline.com.

11. All Applications, account changes and other documents will be credited to the week in which they are received by Newclubonline.com.

12. Name, Address, Membership Details or any other changes to your Membership can be done online and CANNOT be made by telephone. Newclubonline.com requires an email and/or a written, signed request to be received by Newclubonline.com before any changes can be made to your account. This procedure is put in place to protect you and your team.

Part Two: Following Code of Conduct.

Statement of Policy: These statements of policy have been adopted in order to define the duties, responsibilities and rights of Independent Members relating to other Members and to Newclubonline.com. The purpose of these policies is to develop an environment in which good business practices are followed and where the right of each Independent Member to engage in free and Independent business is protected. Please make careful note of these policies, which must be considered in conjunction with relevant laws.

1. Members agree to represent Newclubonline.com in a professional and business manner, taking full responsibility for any oral claims or representations regarding the business opportunity, products, services and the Official Commission and Bonus Payment Plan while using any books, materials, or sources other than those contained in the materials approved by Newclubonline.com. Members will keep appointments and perform services and seminars, agreeing not to misrepresent Newclubonline.com; its business opportunity, its products and/or services or the Official Commission and Bonus Payment Plan.

2. When presenting the Newclubonline.com Business Opportunity, the Member must follow the guidelines that follow:

(i) No Smoking.

(ii) No Member may display any sales commission figures, cheques, tax forms or similar record or represent anticipated or potential sales figures or monthly or annual sales commission or bonus figures without first making it clear that no one can be guaranteed success as a Newclubonline.com Member, and that Newclubonline.com publishes an Official Commission and Bonus Payment Plan.

(iii) No Member may make any unfair, deceptive or misleading statement, including but not limited to statements that imply that persons electing to participate in the Newclubonline.com opportunity are assured of earning substantial sums of money.

3. Members will only use Newclubonline.com approved literature and materials. All references to the Official Commission and Bonus Payment Plan must be accompanied by an Official Company produced Commission and Bonus Payment Plan. This is for your protection as well as the Company's.

4. Each Member or non-member must get approval first from Newclubonline.com if they advertise, whether or not you are using the corporate name of Newclubonline.com, or the Newclubonline.com logo. All advertising using the Company trademarks, trade names, logos, or other types of corporate identification must conform to Company standards and must be submitted by email and/or in writing for approval. This approval takes a minimum of 48 hours and may require a fee. Your literature, your name or business name must not imply that you are an employee of Newclubonline.com, but an independent Member. All advertising and approved printing must be paid for by the Member. Newclubonline.com trademarks, its logo, or corporate name cannot be printed on cheques used by Members and the use of Newclubonline.com as part of the name of your Membership is strictly prohibited. All printed materials, audios, videotapes and flyers etc., which the said Member is intending to use with his/her own team or for his/her own purposes should be sent to Newclubonline.com for approval before use.

5. While Newclubonline.com encourages every Member to conduct frequent "Opportunity" meetings in building their Organisation, we require they follow the guidelines below:

(i) Business Dress must be worn at all times when conducting meetings.

(ii) No person may conduct a recruitment meeting on behalf of Newclubonline.com unless they have been designated as an approved meeting host or presenter.

(iii) All persons conducting an opportunity meeting must:

(a) Have on hand, for inspection and review by a Member and or potential Member, a copy of the Official Commission and Bonus Payment Plan.

(b) Make clear, to all potential Members during the presentation, the availability of the Official Company produced Commission and Bonus Payment Plan and that Newclubonline.com policy prohibits the use of Members own produced Commission and Bonus Payment Plan and that only the sanctioned Official Commission and Bonus Payment Plan is available for inspection and that any other Commission and Bonus Payment Plan should be destroyed.

(c) You must make clear during the presentation that a person must complete their application online and pay the Annul Membership Fee.

6. All Members will abide by the provisions of the DSA code of conduct and all applicable laws and regulations relating to the operation of his/her business.

7. Compliance with Laws: Each Member, when necessary, shall obtain all permits, licenses and other consents for the operation of his or her business, pay all taxes, expenses, debts and other liabilities when due and operate in a lawful and ethical manner.

8. All Newclubonline.com Policies and Procedures and Codes of Conduct may be modified all or in part without prior notification at the discretion of the Company and in compliance with law. Any change will be sent to the Member and/or published on the Company web site.

Part Three: Ordering.

1. Members may order product online after the expiry of 7 days from the date of opening their Trade Account.

(ii) Newclubonline.com cannot and will not be made responsible for delays, damaged or loss of orders that are placed with the wrong information.

(iii) The Company also reserves the right to refuse any order for any reason whatsoever.

2. New Member Applications must include your referral ID Number. Failure to use the appropriate identification number could/may result in loss of credit for that order. This error is the responsibility of the "Referral Member".

3. There is Free Delivery on some products; however, if you cancel any order, you may still pay a Delivery Fee.

4. Our primary goal is to sell the best products and deliver the same day, however; due to sometimes being out of stock you may not receive your order that day.

5. All our Products are covered by a 14 Day Money Back Guarantee!

Part Four: Payment.

1. Members must pay using Bank Transfer or Bill payment.

(i) Members pay by transfering money from ANY BANK ACCOUNT.

(ii) After completing your order go to your Bank with your "NEW ORDER NUMBER" and ask a Customer Service Adviser to set up payment details for you for the first time. Once this is done, you can pay for any further orders using one of the machines. You must make sure to use your "NEW ORDER NUMBER" each time for our reference; you will find this number in your email. Your order will not ship until we receive payment.

Part Five: Commission and Retail Bonuses.

1. Membership commission is paid on the first Wednesday of each month and calculated on new members generated in the previous month. No money is paid on incomplete or returned Agreement Forms.

2. Membership commission is also paid again and again every year ONLY if you have a valid TRADE MEMBERSHIP CARD.

3. Trade Members receive commission again and again every year on all members that renew in their team; subject to Terms and Conditions of the Membership Renewal Policy and number of levels shown on the Official Commission & Bonus Payment Plan.

4. Commission and/or Bonuses under the value of £21.00 are held and are accumulated until such a value is reached and if paid by cheque, are paid on the first Wednesday of each month.

5. Commission and/or Bonuses are not paid on the purchases of Literature or Sales Aids. No refunds or exchanges are given for literature or sales aids.

Part Six: Organisation Growth & Reporting.

1. Members acknowledge that success as a Member depends on one's own ability and work as an independent business person and that no assurance, guarantees, or warranty, expressed or implied, has been given as to a Members potential success or earnings likely to be achieved.

2. You are not required to build a Sales Organisation by finding other Members. However, you may find as many New Members as you like. There are no territorial restrictions for a Member marketing the Company's Opportunity, Products and/or Services within any country authorised by Newclubonline.com.

3. Each Member will be linked to the person that referred that member to newclubonline.com or automatic linked to a Trade Member in your area. Once the link has been accepted by the company, this link cannot be changed.

4. Cancellation of Membership. After the 14 day cancellation period the Member has the right to terminate his/her Membership 12 Months from the date of opening their Trade Account by giving 30 days written notice by email.

5. Maintaining Membership requires renewal each year of the annual Membership Fee. Once this is done, you will return immediately to your sponsor's Personal Group of Members.

6. Guidelines for Reported Earnings.

(i) Members are classed by Newclubonline.com and the Inland Revenue and local government bodies as self employed Independent Principles.

(ii) It is the Members responsibility to make themselves aware of all current government legislation regarding their employment status and earnings.

(iii) Members may operate as sole traders, partnerships, limited company etc..., although the Membership must only be registered to one individual.

7. Declaration of Earnings. Newclubonline.com may from time to time be required by government agencies to submit details of an individual's earnings. Although your personal information is confidential, we are required by law to do so and as a Company will supply any and all information as requested. Regulations on earnings and threshold levels change from time to time. It is the Members responsibility to make themselves aware of such changes. As an Independent Principle and not an employee of Newclubonline.com; it is essential that you make sure that you have adequate Insurance to cover your New Business.

Part Seven: Business Development Managers Policy.

1. After qualifying and accepting the position of Business Development Manager, it is your responsibility to maintain a minimum of 1,000 Trade Members in your team each year. This means that to continue to receive the use of a Company Car your team total is reviewed each month thereafter. (Please refer to the Official Commission and Bonus Payment Plan).

2. All Business Development Managers will receive a Company Car, 1 week after qualifying.

Part Eight: Overdue Account Charges.

1. If after opening a Trade Account the Member is found to be overdue in paying the Annual Membership Fee by more than 30 days, service will be suspended and any commission and/or Bonuses due will not be paid.

Part Nine: Account Changes.

1. It is the responsibility of all Members to keep Newclubonline.com informed of any account changes, including address, telephone and email details, in particular changes to Bank details, which will include the name of account holder(s).

Newclubonline.com will accept no responsibility for loss of commission and/or bonuses due to changes not being forwarded to Newclubonline.com. All account changes must be confirmed by email and/or in writing by the Member.

2. Upon the death or incapacity of the Member, the Membership will be offered to their next of kin to ensure the position remains "active".

3. Censure or cancellation of Membership. Newclubonline.com reserves the right to enforce certain restrictions upon Members who violate the Newclubonline.com policies and procedures and code of conduct. These policies and procedures have been carefully written to protect Members (customers) and the Company. Members have agreed to abide by these policies and procedures and have the responsibility of maintaining the honesty and integrity of the Official Commission and Bonus Payment Plan. Policy violations that will result in censure or cancellation of Membership can include such action as:

(i) Contact with any Members, for the purpose of recruiting them into another franchise or direct sales marketing company, or

(ii) Confirmation of open criticism of Newclubonline.com while conducting meetings for other direct sales organisations, or while attempting to recruit others into another direct sales company and confirmation of open criticism of Newclubonline.com while conducting Newclubonline.com Meetings. Restrictions enforced will include: Cancellation of your Membership.

Cancellation is permanent and the Members right to sell or Market the Newclubonline.com Business Opportunity its Products and/or Services and to receive any other benefits of being a Newclubonline.com Member will stop. Censorship may consist of the withholding of commission and bonus monies and/or the cancellation of Membership. However, before any action is taken, an investigation will be conducted. No action will be taken without good and just cause. If we need to, we will take written statements from other Members. Newclubonline.com pays commission on a monthly basis, and will be depositing your earnings directly into your bank or building society account. If you do not authorise Bank Automated Credit System (BACS) Deposits or Bill payment, you will receive a cheque once your earnings accumulate to £21.00 or more.