Terms

The purpose of these terms is to set out the legal framework under which you as an Applicant or accredited Partner and we, the CMA Standards Council, relate to each other and manage that relationship. By paying your Application Fee you are agreeing to be bound by these terms.

“Accreditation Fee” means the fees so named set out on the Website from time to time;

“Accreditation Process” means the process set out in clause 7;

“Accreditation Questionnaire” means the accreditation questionnaire set out on the Website from time to time;

“Applicant” means the organisation making an application for accreditation;

“Application Fee” means the fee so named set out on the Website from time to time;

“Application Form” means the application form set out on the Website from time to time;

“Application Process” means the process set out in clause 6;

“Certifier” means any member of our staff or contractor engaged by us that is involved in the Accreditation Process;

“CMA Board” means the board of directors of Christian Ministry Advancement Ltd from time to time;

“Council” means the CMA Standards Council (a committee of the CMA Board) from time to time;

“Directory” (Registry?) means the Give Confidently Directory set out on the Website from time to time;

“Discretionary Information” means the information you request us to insert in section 2 of the Directory in respect of your organisation under clauses 8(d) and 9(b);

“Dispute” has the meaning given in clause 17(a).

“Fees” means the fees payable by you and includes the Application Fee, the Accreditation Fee and the Renewal Fee;

“Field Review” is a review which we may carry out at your premises to review your organisation and its compliance with the Principles and Standards;

“Give Confidently Notification” means a notification slip in in the form of the slip set out on the Website or such other form as we agree with you or website link that we will provide to you under clause 5(b);

“Partner” means your organisation after you have been accredited under clause 8 and remain accredited;

“Period” means the period from when the conditions under clause 8(e) are met until termination of your accreditation under clause 13;

“Principles and Standards” means the CMA Standards Council Principles and Standards as set out on the Website from time to time;

“Renewal Fee” means the fee so named set out on the Website from time to time;

“Renewal Questionnaire” means the renewal questionnaire set out on the Website from time to time;

“Required Information” means the information we require to complete section 1 of the Directory, as set out on the Website from time to time, in respect of your organisation;

“Seal” means the mark described in schedule 1;

“Style Guide” means the Style Guide set out on the Website from time to time;

“we” or “us” means the Council;

“Website” means our website, www.cmasc.net.au, and for the avoidance of doubt includes any web platform made available to us by an independent contractor in connection with the Application Process and the Accreditation Process; and

“you” means your organisation, in its capacity as an Applicant, a Partner or a former Partner.

We retain all intellectual and other property rights in the Seal at all times. Your only right to use the Seal is while you are accredited under these terms.

(a)   You may use the Seal for the Period.

(b)   You must at all times comply with the obligations set out in the Style Guide when using the Seal.

(c)    Subject to clause 4(d), you may use the Seal on your website, any of your electronic communications, receipts to your donors and any of your written documentation or communications.

(d)   If we believe in our absolute discretion at any time that your use of the Seal in a particular context is inappropriate we may require you to change or cease that particular use of the Seal.

If, after accreditation, you wish to use a Give Confidently Notification for the purpose of communications with your stakeholders, we will at your option:

(a)   provide up to [100] tailored notification slips for your use free of charge, and more upon payment of an agreed fee, within a reasonable time of your request; and/or

(b)   work with you to provide a link from your website and/or any of your electronic communications to a location on the Website explaining the meaning and significance of the Seal.

(a)   Every Applicant for accreditation must complete an Application Form and submit it to us together with such other information as we may request in our absolute discretion.

(b)   We will, in our absolute discretion, notify you of our decision as to whether your application is accepted or not.

(c)    If we notify you that your application is accepted, we will send you a tax invoice for the Application Fee. If you wish to proceed with the Accreditation Process, you must pay the Application Fee within 14 days of receipt of our tax invoice.

(a)   Every Applicant for accreditation which has been accepted under clause 6(c) and has paid the Application Fee is eligible to commence the Accreditation Process.

(b)   We will notify you when we have received your Application Fee and will supply you with electronic log in details (or such other process as we may agree with you) which will enable you to complete and submit the Accreditation Questionnaire in the manner set out on the Website (or by such other process as we may agree with you).

(c)    We may at any time during the Accreditation Process ask you to provide any further information or documentation which we in our absolute discretion consider appropriate to assist us in our consideration of your application for accreditation.

(d)   We will ensure that each Certifier receives what we in our absolute discretion consider is appropriate training for his or her involvement in the Accreditation Process.

(e)   You may terminate your application for accreditation at any time before we make a decision to accredit you or not by notifying us to that effect in writing or as otherwise provided on the Website.

(f)     We may terminate your application for accreditation if we believe in our absolute discretion that:

(a)   We will:

notify you as to whether you have been accredited or not.

(b)   Our decision as to whether or not to accredit you is, subject to clause 16, entirely within our absolute discretion. We are under no obligation to:

our decision.

(c)   If we notify you that you have been accredited, we will:

as appropriate. You must pay the Accreditation Fee or further Renewal Fee within 14 days of our invoice.

(d)   At the same time as paying the Accreditation Fee you must also supply us with the Required Information and any Discretionary Information.

(e)   Upon:

you may exercise the rights in clause 8(f).

(f)   Upon satisfaction of the conditions set out in clause 8(e):

for the Period.

(a)   We will set up a Directory on the Website which sets out in respect of:

(b)   We will within a reasonable time include on the Directory any further Discretionary Information you provide to us from time to time or make any amendment to the Required Information or Discretionary Information you may request from time to time.

(c)   We may, but are under no obligation to, amend or delete any Required Information or Discretionary Information on the Directory which we believe is inaccurate or, in our absolute discretion, offensive or otherwise inappropriate.

(d)    You acknowledge that there may be periods when the Website or the Directory is not working or available for viewing due to technical reasons or for maintenance purposes. We will use reasonable endeavours to minimise any such periods.

During the Period you must:

(a)   notify us of any act or omission as a result of which you no longer comply with the Principles and Standards; and

(b)   provide any further information which we may request from time to time to enable us to consider whether you continue to comply with the Principles and Standards.

(a)   We will contact you at least [2 months] prior to the conclusion of the Period to request if you wish to renew your accreditation and provide you with an invoice for our estimate of your Renewal Fee. If you wish to renew your accreditation, you must notify us within one month of our request and send us and pay the invoice for our estimate of your Renewal Fee.

(b)   We will notify you when we have received your payment under clause 11(a) and will supply you with electronic log in details (or such other process as we may agree with you) which will enable you to complete and submit the Renewal Questionnaire in the manner set out on the Website (or by such other process as we may agree with you).

(c)    The renewal Process will take place in the same manner as the Application Process set out in clauses 7(c) to 7(f).

(a)   At any time during a Period we may on one month’s notice, or at such other time as we may agree with you, visit your premises to conduct a Field Review.

(b)   We will use our best endeavours to give you prior notice of what documentation or electronic information we will wish to inspect during the Field review. You must make available for inspection such documents or electronic information as we request.

(c)    You must make available for discussion with us during the Field Review, or at a mutually agreed time, such members of your staff as we may notify you and your chairman (or equivalent) for the purposes of the Field Review.

(d)   We will provide you with a report on the outcome of the Field Review after it has been completed.

Your accreditation will cease on the first to occur of:

(a)   subject to clause 16, the expiration or one year from receipt by us of your Accreditation Fee;

(b)   7 days after your request for it to cease;

(c)    subject to clause 16, 14 days after we notify you of our decision to terminate it if we, in our absolute discretion, consider that you no longer comply with the Principles and Standards.

We are under no obligation to:

(d)   provide any reasons to you as to the grounds or reasoning upon which we reach; or

(e)   enter into any discussion with you regarding,

any decision we may make under clause 13(c).

Upon termination under clause 13:

(a)   you must immediately, or within such period as we in our absolute discretion approve, cease all use of the Seal and any hard copy Give Confidently Notification;

(b)   you must immediately terminate any link to the Website;

(c)    you must not in the future represent, expressly state or impliedly infer any connection, approval or continuing association with us (save as set out in clause 14(d)); and

(d)   we will delete our reference to you in the Directory, save that we reserve the right to list your name and state that your accreditation has ceased due to:

as appropriate.

(a)   You must pay the Application Fee before the Accreditation Process will begin as provided under clause 6(c). The Application Fee is not refundable under any circumstance, including without limitation where your application for accreditation is terminated under clauses 7(e) or 7(f).

(b)   If your application for accreditation is successful, we will apply your Application Fee towards part payment of your Accreditation Fee.

(c)    Fees are not refundable under circumstances, including without limitation if your accreditation is terminated early.

(a)   If you are dissatisfied with any decision of the Council not to accredit you or renew your accreditation, or if you are dissatisfied with any decision of the Council to terminate your accreditation under clause 13(c), you may appeal that decision under this clause 16.

(b)   If you chose to make an appeal under this clause 16 you must:

(c)   Upon receipt of notification under clause 16(b)(i) the Council must:

(d)   The CMA Board (not including any member of the CMA Board who was a member of the Council at the time the decision being appealed was made) will reconsider the decision being appealed by way of a review of all relevant facts from the outset. It may in its absolute discretion, but need not, seek further information from you or the Council either orally or in writing to assist it in its consideration of your appeal.

(e)   The CMA Board will notify you and the Council of the outcome of the appeal as soon as practicable after it reaches its decision. The decision of the CMA Board in relation to the appeal is final. It is under no obligation to:

its decision.

(f)   The appeal procedure set out in this clause 16 is your sole remedy in respect of your dissatisfaction with any decision of the kind referred to in clause 16(a). Time is of the essence under this clause 16 and any failure to meet a time limit set out in this clause 16 without a prior written extension of time by the Council will preclude you being able to make or continue an appeal.

(a)   Any grievance or dispute between you and the Council in connection with these terms (other than in respect of payment of fees or a decision of the kind referred to in clause 16(a)) (Dispute) must be dealt with under this clause 17.

(b)   If a Dispute arises, the parties to the Dispute must co-operate with each other and do all things reasonably necessary to confer with each other within 7 days of a party to the Dispute giving written notice to the other party of the Dispute.

(c)    If the Dispute is not resolved under clause 17(b), a party may give to the other party a written Notice of Dispute, the parties must submit to a mediation to be conducted by PeaceWise Ltd and act in accordance with the process for mediation set out by it.

(d)   Neither we nor you may issue any court proceeding (save in respect of urgent injunctive relief or in relation to enforcement of this clause 17) prior to undertaking the mediation process under clause 17(c).

We may at any time amend these terms in our absolute discretion if we believe it expedient to do so. The amendment to the terms will take effect at the time your accreditation is next renewed.

(a)   You may have rights under the Australian Consumer Law in respect of our acts or omissions in connection with our services or these terms.

(b)   Except in connection with any rights you may have as set out in clause 19(a), we exclude any liability we may have to you in connection with these terms (including without limitation for our negligence) for any indirect or consequential loss you may suffer in connection with any of our acts or omissions, including without limitation for loss of revenue, loss of donations, loss of opportunity, loss of goodwill, loss of reputation or bad publicity.

(c)    In respect of any rights you may have as set out in clause 19(a), to the extent it is fair and reasonable to do so and is allowed by the Australian Consumer Law, we limit our liability to either supplying our services to you again or at our option paying you the cost of having the services supplied again.

(d)   You must indemnify us and hold us harmless against any loss we may suffer or incur in connection with your failure to meet your obligations under these terms including without limitation the provision to us of any inaccurate, misleading or incomplete information or any failure on your part to provide to us all relevant information in connection with the Application Process, the Accreditation Process, any renewal under clause [X], your obligations under clause [X], any Field Review or otherwise.

(a)   Words or expressions used in this clause which are defined in A New Tax System (Goods and Services Tax) Act 1999 have the same meaning given to them in that Act.

(b)   Except where specified otherwise, if a party makes a taxable supply under these terms (Supplier), then the recipient of the taxable supply (Recipient) must also pay, in addition to the consideration for that supply, the amount of GST payable in respect of the taxable supply at the time the consideration for the taxable supply is payable.

(c)    Notwithstanding the above, the Recipient is not obliged under these terms to pay the amount of any GST payable until the Supplier provides it with a valid tax invoice for the taxable supply.

(d)   If an adjustment event arises in relation to a taxable supply made by a Supplier under these terms, the amount paid or payable by the Recipient pursuant to clause 20(c) must be amended to reflect this and a payment must be made by the Recipient to the Supplier or vice versa as the case may be.

(e)   If a third party makes a taxable supply and these terms require a party to these terms (payer) to pay for, reimburse or contribute to (pay) any expense or liability incurred by the other party to that third party for that taxable supply, the amount the payer must pay will be the amount of the expense or liability plus the amount of any GST payable in respect thereof but reduced by the amount of any input tax credit to which the other party is entitled in respect of the expense or liability.

(a)   These terms are to be governed by the laws of Victoria.

(b)   The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceeding arising in connection with these terms.

Any document we send to you at the physical, postal or email address you most recently gave us in an application for accreditation or renewal is deemed to have been received by you:

(a)   immediately if delivered in person to your physical address;

(b)   5 business days after posting if delivered by post to your postal address; or

(c)    immediately if sent by email (except if sent outside normal business hours, in which case it is deemed to have been received the next business day).