The Collective Contract

Page 1

THE TERMS AND CONDITIONS OF THE USER

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN THE COMPANY’S CONDUCT IN RETURN FOR ITS ACCEPTANCE OF THE USER’S MONEY OR OTHER CONSIDERATION. 1. The User gives his or her custom, in return for The Company’s services or products only in return for The Company acting according to the terms set out in this legal agreement. 2. The Company agrees to be bound with the terms set out in this legal agreement. 3. These terms and conditions are the most fundamental aspect of any agreement between the User and the Company and all other terms and conditions are valid only in so far as they accord with these. 4. The User-base reserves the right to modify these terms and conditions at any time.

USAGE RULES THIS LEGAL AGREEMENT BETWEEN THE COMPANY AND THE USER GOVERNS THE CONDUCT OF THE COMPANY AND THE USE THE COMPANY MAY MAKE OF THE MONEY PROVIDED BY THE USER. 4. Transparency And Political Lobbying (1)

In return for the User’s money or other consideration, The Company agrees that:

(2)

No person employed by the Company nor any intermediary acting on behalf of The Company will have contact with, or meeting with, any person occupying a position in government or member of a political party, nor their representatives or intermediaries acting on their behalf, for any purpose, without giving the User-base prior notice of the meeting or communication.

(3)

The Company will update The DAN in real time as soon as any such meetings or communications are scheduled.


(4)

The Company will not participate in any such meetings where The Userbase has not been notified of the meeting through The DAN forty eight hours before the meeting is to occur.

(5)

Whenever any such meeting or communication occurs The Company will make a digital video record of them in their entirety.

(6)

The Company will upload the digital video record, together with full minutes to the User-base within 24 hours of that meeting or communication occurring.

(7)

The Company will allow an observer appointed by The User-base to any such meetings between The Company’s personnel or intermediaries and any political representatives or their intermediaries.

(8)

The Company will not enter into any agreement with any elected representative of a political party, or member of a political party, or representative or intermediary for thereof, whereby anything communicated to The Company by them, or by The Company to them, is not to be disclosed to the User-base.

(9)

The Company will not transfer money to any political party, representative of any political party or intermediary thereof, without giving the User-base two months notice of the transfer.

(10) The Company will stream the required data into the DAN showing any payments made to any such political actors and any benefits sought by The Company or offered by political actors in return for those payments. (11) To stream the required data into the DAN showing any consideration given to any such political actors and any benefits sought by The Company or offered by political actors in return for that consideration.

5. Transparency Of Supply And Distribution Chain (1)

In return for the User’s money or other consideration, The Company agrees:

(2)

To keep The DAN updated in real time of all the links in its supply and distribution chain. This includes all distribution outlets, all service providers, all corporate or governmental or non-retail buyers of its products, as well as all its suppliers of the components and raw materials of its products.


(3)

To keep The DAN updated in real time of all links in its financial supply and distribution chain and the payments moving along that chain.

6. Foreseeable Harm (Bhopal Clause) (1)

In return for the User’s money or other consideration, The Company agrees to:

(2)

Notify the User-base of any harm which the corporation knows to be already resulting from its activities, or which it has reasonable foresight of happening from its existing or planned activities.

(3)

To provide User-base with a digital record of any internal or external communications related to those issues.

(4)

To define ‘knowledge of harm’ for the purposes of this agreement as harm which is either brought to the attention of any employee of The Company from a source within The Company or by a source external to The Company, whether or not The Company agrees with the assessment of harm.

(5)

To not seek the prosecution of, ostracize, demote, or terminate the employment of anyone whether an employee of The Company or not, who provides the User-base with information about harm that has arisen from, or may arise from any activities of The Company.

(6)

To update The DAN with the required data about any scientific research or publicity campaign funded by The Company.

(7)

To notify the User-base with a digital record of all decisions or communications related to these issues.

(8)

To stream the required data into the DAN

7. Due Process (1)

In return for the User’s money or other consideration The Company agrees that:


(2)

The Company will not remove services to or cease trading with any member of the User-base, except by due process of law.

(3)

Where pressure from any person occupying a political position, member of a party, elected representative, or representative of another company or any intermediaries thereof, asks for termination of services or cessation of trading, with any member of the User-base, The Company will forward that request by the third party to the User in reasonable time for the User to make representations.

(4)

The Company will not terminate its contract or cease trading with any member of the User-base for political reasons.

(5)

The Company will restore full rights to any person whose contract, service or trading has been terminated for political reasons, or without due process. Â

8. Privacy (1)

In return for the User’s money or other consideration The Company agrees that:

(2)

All data given to the Company by any member of The User-base is the property of that User.

(3)

The Company agrees not to sell any data acquired from any member of The User-base.

(4)

Where there is a request from any third party, whether from a political party, organ of government or any intermediary thereof, for access to data of any member of The User-base The Company will not accede to that request without notifying the User that the request has been made in reasonable time to allow the User to make representations.

9. Oppressive Regimes

(1)

The Company will keep The DAN updated in real time of any government work or contracts associated with the government or agencies of government


or their intermediaries in countries where the government has been, or is being criticized for breaches of human rights. (2)

The Company will keep The DAN updated in real time of any new work or contracts with such governments or agencies, giving any details which are relevant to ethical issues concerned.

(3)

Involvement by the Company in any of the following, would always constitute a relevant ethical issue:

(4)

(i)

Technology which may be used for the suppression of free speech or services or training related to any of the above.

(ii)

Technology or services or training related to military or policing purposes.

(iii)

Technology involved in, or services or training related to surveillance.

The Company will not enter into any agreement with any government that would prevent the Company from disclosing any such relevant issues to The User-base.

10. Consultation With The User-base (1)

In return for the User’s money or other consideration The Company agrees that:

(2)

The Company will seek consultation with The User-base for any activities or policies which would entail using money received from buyers of The Company’s products or services.

(3)

Particularly: The Company will seek consultation with The User-base when setting levels of renumeration for any of its senior management or executives.

(4)

Particularly: The Company will seek consultation with The User-base about the allocation and use of its profits.


(5)

Particularly: The Company will seek consultation with The User-base about the sourcing of materials for its products.

(6)

Particularly: The Company will seek consultation with The User-base about the quantity of its products required by The User-base.

(7)

Particularly: The Company will seek consultation with The User-base about payments to the Users for advertising to them.

(8)

The Company will not act in any manner contrary to the will of The Userbase, as expressed by User ballots on The DAN.

(9)

No person in the employment of The Company or acting on behalf of The Company or any intermediary of The Company will cast a vote in any ballot of The User-base.

(10) No person in the employment of The Company or acting on behalf of The Company or any intermediary of The Company or any shareholder in the Company or person acting on their behalf, will assume an online identity which hides their relationship to The Company or shareholder for the purpose of influencing The User-base or disseminating information which might influence The User-base.

11. Coherence (1)

In return for the User’s money or other consideration The Company agrees that:

(2)

The Company it will formally seek acceptance of these same terms and conditions by any company that it does business with.

(3)

The Company agrees not to enter into any contract for services or products or continue to contract with any Company that refuses to accept the terms set out in this legal agreement.

(4)

The Company agrees not to employ any executive or senior management from another company that was involved in any decision by that company to refuse the terms of this agreement or to breach the terms of this agreement after accepting them.


12. Data (1)

In return for the User’s money or other consideration The Company agrees that:

(2)

The Company will upload the data required, in the form required, at the time required, by the relevant interface of The DAN.

13. Support (1)

In return for the User’s money or other consideration The Company agrees to pay the proportionate costs of maintaining The DAN.

14. Definitions (1)

In this legal agreement, “the User-base” refers to the combined Users of the Company’s products or services.

(2)

In this legal agreement “The DAN”refers to the Direct Action Network web platform of the User-base.

(3)

In this legal agreement “required data” refers to the requirements set out in this document or in the instructions for data set out in the Corporate Manual For DAN.

(4)

In this legal agreement “The Company” refers to any commercial organisation that is the recipient of this legal agreement regardless of how it defines itself.

(5)

In this legal agreement “meetings” refers to digital meetings such as video conferencing as well as same location meetings.

(6)

In this legal agreement “consultation” refers to consultation through The DAN.


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