Terms and Conditions
In these Terms and Conditions, the following terms (in so far as written with a capital letter in these Terms and Conditions) shall have the following meaning:
1.1. Applicant: a person who has applied for an EAGE membership;
1.2. By‐laws: the by‐laws of EAGE;
1.3. Constitution: the constitution of EAGE;
1.4. EAGE: the legal entity of the ‘European Association of Geoscientists & Engineers’, abbreviated to EAGE;
1.5. Member: a member of EAGE;
1.6. Membership: the membership agreement between EAGE and a Member, including these Terms and Conditions;
1.7. Terms and Conditions: these EAGE Terms and Conditions For Membership;
1.8. Writing: written documents on paper (letter and fax) or digital (e‐mail).
2.1. These Terms and Conditions apply to the Membership between EAGE and Members.
2.2. EAGE waives the applicability of any (general) terms and conditions of (company of) Member, unless explicitly agreed otherwise in Writing.
2.3. Deviations, amendments or supplements from these Terms and Conditions are only valid if they are explicitly agreed upon in Writing between EAGE and Member and relate only to the Membership specifically referred to.
3. Membership types
3.1. EAGE offers four types of memberships, as also stipulated in article IX.1 of the Constitution:
(a) Active membership: Membership for people that are currently working in geophysics, petroleum exploration, geology, reservoir engineering, mining or civil engineering.
(b) Student membership: Membership at a reduced rate for students who major in a geoscience or related engineering subject at a recognized university or institute. The duration of a student membership is limited to five years and is only available for fulltime students up to the age of 34. Applicant shall submit a copy of his/her identification and a copy of his/her registration with a recognized university or institute, the proof of which is to be determined at the discretion of EAGE.
(c) Retired membership: Membership at a reduced rate for people who have been active in geophysics, petroleum exploration, geology, reservoir engineering, mining or civil engineering in the past. Individuals who would like to apply for this membership should have been member of EAGE for over 10 years, are older than 60 years and retired.
(d) Honorary Membership: Membership, for which there is no fee, for people who made a highly significant and distinguished technical and/or non‐technical contribution to the geoscience community at large or to EAGE in particular. A Honorary Membership cannot be requested and can only be granted to Members by the Board of EAGE.
3.2. EAGE has the right to add or change membership types and their respective conditions, at all times.
4. Membership applications
4.1. Application forms for Applicants may be submitted online through the EAGE website or may be submitted at EAGE‐operated events. The processing time of an application is no more than ten (10) working days.
4.2. EAGE will consider the membership possibilities of Applicant. EAGE has the right to refuse Applicant to become a Member.
4.3. Applicants for membership types with reduced dues will only be considered once all relevant supporting documentation is received by EAGE, as outlined in the description of the respective membership types as stipulated in article 3 of these Terms and Conditions.
4.4. EAGE reserves the right to re‐grade an Applicant to a more appropriate membership type, if the provided information is not received by EAGE, or proves to be inaccurate in any way. EAGE will inform Applicant about the requirement for regrading.
4.5. All information provided by Applicant to EAGE must be true and accurate at the point of applying. In the event of a change of circumstances such as moving jobs or change of contact details, Applicant shall notify EAGE in Writing.
4.6. The name of an Applicant shall be posted on the EAGE website, allowing scrutiny by existing members who have an opportunity to object in writing to EAGE on professional or ethical grounds, as further specified in the By‐laws.
5. The membership
5.1. The Membership shall enter into effect on the moment of approval of the Applicant by EAGE and shall have a duration of the remainder of the calender year in which Applicant is approved in Writing by EAGE. When the application is received after October 1st, the application shall be considered for the next calendar year. The Membership shall be extended every year for the duration of one year, in case membership dues are paid in time, unless the Membership is cancelled or terminated in accordance with article 7 of these Terms and Conditions.
5.2. Members are not permitted to use EAGE it’s logo and/or name for the purposes of selfpromotion on any of their organisational materials, including websites.
5.3. Members are not permitted to use their Membership for self‐promotion.
5.4. All membership dues shall have to be paid in full before Member is allowed to register for any events for a reduced fee.
6. Prices, invoicing and payment
6.1. Member is (automatically) in default merely because of the expiry of the payment period, without any demand, notice of default or judicial intervention being necessary. EAGE shall be owed default statutory commercial interest on the outstanding amount for each day that
Member is in default, without prejudice to EAGE’s rights to demand immediate payment of the entire outstanding amount, and without prejudice to EAGE’s other rights in such situation. In case of default, Member is liable for the payment of EAGE’s actual collection costs, including all legal fees and court fees.
7. Cancellation and termination
7.1. Member has the right to cancel its Membership by notifying EAGE in Writing. EAGE shall not refund any dues for cancelled Memberships. Any unpaid dues shall still be owed by Member after cancellation of the Membership.
7.2. EAGE may suspend the Membership in case the owed membership dues of Member remain unpaid to EAGE on the 1st of January in any calendar year. This suspension shall be lifted following payment of the amounts due. The Membership shall end if the unpaid invoices remain unpaid for a period of 12 months after the first suspension, in which case the Member may be reinstated after payment of the amounts due and an additional reinstatement fee of € 15,‐ (fifteen euros). When suspended, the Member shall not be entitled to any services or benefits included in the Membership.
7.3. EAGE is entitled to terminate the Membership, without further notice of default and with immediate effect, without any liability towards Member, in any of the following events:
(a) Member acts in contradiction with the law or acts contrary to the Membership and/or these Terms and Conditions, even after a reasonable term has been given to comply with its obligations;
(b) Member violates the professional or ethical standards of EAGE, to the discretion of
EAGE and/or in case Member misuses the (benefits of the) Membership, even after a reasonable term has been given to comply with its obligations.
7.4. All clauses of these Terms and Conditions, that are intended to survive the expiration, cancellation and/or termination of the Membership, by nature or because such has expressly been provided for in these Terms and Conditions, shall survive such expiration, cancellation and/or termination. These provisions include, but are not limited to, provisions regarding Intellectual Property Rights, warranty exclusions, indemnity and limitations of liability and applicable law.
7.5. All payment obligations of Member regarding the Membership will remain in force after expiration and/or termination of the Membership.
8.1. To the fullest extent permitted by law, under no circumstances shall EAGE be liable for any indirect, consequential, special, exemplary, incidental or punitive damages, such as loss of (future) profits or other economic loss, damages pursuant to the Membership, for delay, third party claims and suchlike, even if parties have been advised of the possibility of such damages.
8.2. EAGE’s total liability to Member, including liability arising out of a Membership, negligence or tort, or warranty, shall not exceed the amounts actually paid by Member for the Membership. If and in so far as EAGE’s limitation of liability contravenes the provisions of applicable mandatory legislation or is not upheld by a court of law for any reason whatsoever, and this results in EAGE being liable for any loss on Member’s side, EAGE’s total liability shall be confined to the amount as paid out by the liability insurance of EAGE in the case concerned, and in case such damages are not insured or paid by the insurance company the total liability from EAGE towards Member shall be confined to an amount of € 1.000 (one thousand euros).
9. Privacy Statement
9.1. EAGE is committed to protecting the privacy of its Members. Only authorized personnel of EAGE and EAGE’s subsidiaries and/or other Members, when explicitly approved by Member on its application, shall have access to contact details of Member. EAGE will do its utmost to protect its list of Members.
9.2. EAGE does not sell, trade, or rent out the personal data of Members to any third parties. EAGE may use generic aggregated demographic information which is not linked to any personal data regarding Members for internal purposes. EAGE may use third party service providers to help operate its business or administer activities on its behalf. EAGE may share said information with these third parties for those limited purposes.
10.1. If any stipulation of the Membership and/or these Terms and Conditions is invalid, the remaining stipulations of the Membership and/or these Terms and Conditions shall remain in effect. Parties shall agree on a new stipulation that is as close as possible to the intent of parties while being legally valid.
10.2. Member is not entitled to transfer its rights and obligations arising from the Membership or these Terms and Conditions to a third party.
11. Applicable law and competent court
11.1. The Membership and these Terms and Conditions are solely governed by and construed in accordance with Dutch law.
11.2. Disputes between the parties resulting from or otherwise connected to the Membership and/or these Terms and Conditions, including but not limited to disputes that are only deemed to be such by one of the parties, shall be resolved as much as possible by consultation. Any dispute not resolved by the parties can solely be brought before the competent court in Utrecht, the Netherlands.
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