Supplier Terms and Conditions
British Franchise Association (bfa)
- Supplier companies must complete a Supplier application form including two client references and provide full payment before Supplier status can be provided.
- Client references must be from two existing clients, or clients that have received services from the company in the last 12 months.
- The Supplier subscription is between the company set out in the application form and the British Franchise Association.
- The Supplier brand cannot be used by other associated businesses or brands of the Supplier company without those companies subscribing in their own right.
- Supplier companies will gain a listing on the online Supplier directory hosted on the bfa’s website. This directory will be listed from A-Z with no preference given to one Supplier over another Supplier.
- Supplier companies will receive recognition of their Supplier status both within the bfa membership and to the public, as set out in the bfa’s benefits.
- Suppliers will gain access to social events, awards and the bfa annual conference at their usual ticket price. Any other restriction with regards to events will be set out in these terms and conditions.
- Suppliers will gain access to various information and benefits as outlined in the promotional material for the Supplier subscription. These benefits can be changed by the bfa without notice or consultation at any time.
- The bfa has the right to highlight or mention any company that is currently a Supplier in the bfa’s own promotional work or communications.
- The Supplier gives the bfa permission to contact them regarding products and services available from the bfa and opportunities with third parties.
- The bfa agrees not to sell any contact data, which the bfa holds on the Supplier.
- The bfa will have in place all suitable protection and security for all data held on the Supplier organisation.
- The subscription year for Suppliers will start from the date that the company gains successful entrance into the Supplier category.
- Subscription to the Supplier category is for a period of 12 months only. To retain the Supplier status companies must pay all bfa invoiced fees within 30 days of invoicing for renewal.
- Supplier companies agree to pay all fees for membership and services in full in line with the bfa’s payment terms.
- The Supplier category is not accessible to companies who come under any of the bfa’s Affiliate categories.
- The Supplier category is open to companies who use franchising, but only if they already hold Full or Associate membership with the bfa, or if they are a Provisionally Listed Company of the bfa. A company using franchising is a company who is looking to recruit franchisees; or who has any current franchisees, whether they are looking to sell new territories or not.
- A company that does not currently use franchising, but has done in the past may be prevented from becoming a Supplier if the bfa feels that their past use of franchising does not fall in line with the Code of Ethics of Franchising.
- The Supplier category is a commercial relationship between the Supplier company and the British Franchise Association. This commercial relationship does not constitute membership or any voting rights of the Association.
- If the bfa feels that the Supplier company has brought franchising or the bfa into disrepute the bfa has the right to cancel the Supplier company’s subscription to the Supplier category without penalty.
- The Supplier company agrees to not promote, endorse or participate in any unethical franchising activity. The bfa’s guide to the European Code of Ethical Franchising will be used to set out what is considered to be ethical.
- Supplier companies do not have access to the bfa’s Forums, bfa Specialist Seminars, bfa franchisee events, or the bfa’s AGM.
- Supplier companies agree to only use the Supplier brand in line with the branding guidelines provided by the bfa.
- The bfa holds no responsibility and provides no assurances for the quality of products or services provided by the Supplier organisation.
- Outside of the Supplier brand, Supplier companies agree not to use any other bfa branding or logos, other than those that the bfa specifically agree to.
- Any news submitted by Supplier companies for inclusion on the bfa website or in the bfa newsletters will be for consideration only, with no guarantee of use.
- The bfa has the right to change these terms and conditions without notice at any time.
- The bfa has the right to cancel any company’s subscriptions to the Supplier category without penalty if the Supplier company breaks any of the terms and conditions as set out here.
- Any complaints or questions regarding the Supplier category can be put to the bfa in writing at: British Franchise Association, Centurion Court, 85F Milton Park, Abingdon, Oxfordshire, OX14 4RY.
- The Supplier is operated by the bfa. We are registered in England and Wales under company number 01341267 and we have our registered office at Centurion Court, 85F Milton Park, Abingdon, Oxon, OX14 4RY. This is also our main trading address. Our VAT number is 302 1621 21.
- As a corporate engagement similar to sponsorship arrangements the bfa has the right to refuse Supplier subscriptions to any company it feels would be detrimental to the bfa, franchising industry of the membership.
- The bfa has the right to reject or cancel any Supplier subscription of any company in line with the Supplier Complaints Procedure.
- The bfa reserves the right to increase subscription fees and will notify any such increase to Suppliers in advance. A Supplier will only be required to pay such increased fees from the date stated in the notification if they wish to remain a Supplier.
- Unless otherwise stated, the bfa or its licensors own the intellectual property rights in the services and materials provided on or through the bfa website or marketing collateral. Subject to the licence Franchisee Membership Terms below, all these intellectual property rights are reserved.
- Suppliers may view, download and print material provided through the bfa website for their own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions (unless permitted otherwise for outsourced services).Suppliers must not:republish material from the Website (including republication on another website); sell, rent or sub-licence services or material from the website; show any material from the Website in public; reproduce, duplicate, copy or otherwise exploit services or material on the Website for a commercial purpose; edit or otherwise modify any services or material on the Website (other than their details in the Supplier Directory or their member account); orredistribute services or material from the Website (except for content specifically and expressly made available for redistribution).
- The bfa's status (and that of any identified third parties or contributors) as the authors of material on the Website must always be acknowledged.
- If any of the terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms which shall remain in full force and effect.
- For the purposes of the Contracts (Rights of Third Parties) Act 1999 the parties do not intend any person other than the bfa and the Supplier to be able to enforce any terms (save where may be expressly stated otherwise).
- Any waiver by the bfa of a breach of any term shall not be considered as a waiver of any subsequent breach of the same or any other term. A delay in enforcing any term shall not be deemed to be a waiver.
- These terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
Supplier Complaints Procedure
The Supplier arrangement is not based on an accreditation of standards like the bfa’s membership. However the bfa still needs to protect its integrity and brand by retaining the power to reject or remove Suppliers that it believes add negative value, provide a bad service or could damage the image of the bfa.
The bfa reserves the right to not accept companies as Suppliers at the application process, as the Supplier is a commercial arrangement between the bfa and individual organisations. If the bfa feels that it would be detrimental to work with that company it can cease the process with immediate effect. This does not however, prevent the bfa from reconsidering the company as a Supplier at a later date.
The bfa will endeavour to let any company know that it will not want to progress in any Supplier application at point of initial application, but this will not always be possible.
A Supplier agrees to the Supplier Terms and Conditions, which include the need for the Supplier company not to bring franchising or the bfa into disrepute, or promote, endorse or participate in any unethical franchising activity. Any interpretation of these terms is by the bfa not the Supplier company. Any breaking of these terms will result in the bfa terminating the Supplier’s subscription without penalty to the bfa.
It is possible that the bfa will receive complaints from members regarding the service, quality, conduct and integrity of Suppliers. If the bfa can take this information as factual and it breaks any of the Terms and Conditions, the Supplier can be terminated immediately without penalty to the bfa. If the information cannot be taken as factual, the bfa will take the decision as to whether it needs to investigate the matter further.
There may be complaints received from customers that do not conflict with the Terms and Conditions as individual cases, such as one occasion of unsatisfactory service. In these instances the bfa would record the incident and complainant, which would be kept confidential. On the instance where the bfa receives multiples of these complaints within any reasonable space of time, the bfa may decide to deny the Supplier from renewing their subscription for the following year. The severity of the complaint/complaints and space of time will be interpreted by the bfa in relation to the individual cases. Any multiple complaints that together can be considered to break any of the Terms and Conditions gives the bfa the right to terminate the Supplier’s subscription without any penalty to the bfa.
Right to Appeal
Any company reserves the right of appeal with any rejection/termination by putting their case forward to the bfa in writing to Marketing Department, British Franchise Association, Centurion Court, 85f Milton Park, Abingdon OX14 4RY. The bfa will consider all appeals carefully and without prejudice, but will be under no obligation to overturn its previous decision.