1 Start and Duration of Membership
1.1. Companies and institutes interested in joining the interest group can apply via the application form on the website https://renewable-carbon-initiative.com/why-join-rci/application/Applicants must demonstrate that their activities and objectives are in line with those of the interest group. Rejection of the application requires a 2/3 majority of the board. Acceptance or rejection will be communicated to them as soon as possible.
1.2. Membership contracts are concluded between the applicants and nova-Institute.
1.3. Membership runs on a calendar basis. New or returning members who join during November and December will pay the regular dues rate, covering the Membership from 1 January to 31 December of the following year. Members joining between 1 January and 31 October shall pay a pro rata fee covering the membership period up to 31 December of that year. Membership commences on the first of the month following membership approval.
1.4. In case the payment for renewal of the membership is not received in time, the member’s access to RCI resources will end two weeks after the due payment date.
2 Membership Fees
2.1. Members agree to pay the annual fees established for its membership level. Payment is required upon signing (to activate membership) and upon renewal (on the anniversary of membership activation). nova-Institute will invoice the member for the membership fee due in time before the membership expires. Payment terms shall be 14 days after invoice date unless otherwise agreed.
2.2. Membership fees have to be paid by the ways indicated on the application form.
2.3. Membership fees shall be set by nova-Institute and may be amended if deemed necessary. nova-Institute may recommend different categories of membership and variable levels of membership fees to the board. A change requires a 2/3 majority vote.
3 Member’s Rights
3.1. Members have the right to participate in working groups and other activities of RCI. In addition, members
3.1.1. have the right to propose new activities and working groups to the board.
3.1.2. have access to all internal databases, research, and working group outcomes.
3.1.3. have the right to vote on matters referred by the board.
3.1.4. have the right to participate in RCI assemblies. Member assemblies are organised at least twice a year, one online and one in person.
3.1.5. have the right to view the finances of the interest group.
3.1.6. have the right to put their logo and a short description about their organization on the RCI website.
4 End of Membership
4.1. Membership may be terminated with three months’ notice at the end of the membership period.
4.2. The membership is automatically cancelled if payment is not received in time.
4.3. nova-Institute withholds the right to end the membership of an organisation if it deploys activities that may harm the interests of RCI significantly. The same shall apply to actions of individual members that are in severe contradiction with RCI’s aims and nature. Expulsion requires a 2/3 majority vote of the board. In this case, the refund of the contribution paid is excluded.
4.4. Any member has the right to terminate their membership before the formal end of the membership period. Termination has to be sent in writing to Verena Roberts, nova-Institut GmbH, Leyboldstraße 16, 50354 Hürth, Germany, [email protected] and does not constitute any right of reimbursement of membership fees.
4.5. End of membership does not constitute any right of reimbursement of membership fees.
5 General Conditions
5.1. No Other Licenses
By executing these terms and conditions, the member neither grants nor receives, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of nova-Institute or another member, except as expressly provided otherwise (e.g., nova-Institute’s right to disclose and publicize the membership of the participants in RCI, unless requested otherwise by the member in writing).
5.2. No Warranty
Each member acknowledges that, except as otherwise agreed in writing, all services and information provided to or by nova-Institute under these terms and conditions are provided “as is” with no warranties or conditions whatsoever, whether express, implied, statutory or otherwise. nova-Institute and the member each expressly disclaim any warranty of merchantability, noninfringement, or fitness for any particular purpose with respect to such services and information.
5.3. Liability
In no event will either nova-Institute or a member be liable to each other or any other member or third party under these terms and conditions for the cost of procuring substitute goods or services, lost profits, lost revenue, lost sales, loss of use, loss of data or any incidental, consequential, direct, indirect, punitive, or special damages, whether or not such party had advance notice of the possibility of such losses or damages. Except in case of wilful misconduct or gross negligence, or where required by applicable law, or as otherwise agreed in writing, the aggregate liability of nova-Institute to RCI members and to other parties, and of members to nova-Institute, to other RCI members or to other parties, shall not exceed the past twelve (12) months’ membership fees paid by the member to nova-Institute.
5.4. Confidentiality
5.4.1. The members undertake to maintain confidentiality with regard to all confidential procedures which come to their knowledge through and in connection with the RCI membership, in particular the business or company secrets of the other members, and not to pass these on to third parties or otherwise exploit them. In cases of doubt, the parties are obliged to ask the other member for its consent prior to such disclosure.
5.4.2. The members shall not be obligated to maintain confidentiality with respect to any information that becomes public knowledge, is disclosed by a third party without breach of any confidentiality obligation to the RCI member concerned or is required to be disclosed by public or statutory obligations.
5.4.3. The members of the Renewable Carbon Initiative are obliged to the respective other RCI members to comply with the applicable data protection and data security regulations.
5.5. Governing Law
These terms and conditions are subject to German law and shall be construed and controlled by the laws of the Federal Republic of Germany without reference to conflict of laws principles. If any claim or dispute between the parties is not resolved by good faith negotiations, any suits or proceedings pursued by either party shall be brought to the courts of Cologne, Germany.
5.6. Amendments
All amendments to these terms and conditions shall be effective upon their stated effective date. Members shall be given written notice of the effective date of an amendment to these terms and conditions that directly and materially affects adversely any of the rights or obligations applicable to members at least thirty (30) days prior. If members do not agree to any such amendment, members shall provide written notice to nova-Institute of such disagreement prior to the end of the 30-day notice period. If the parties are not able to reach a mutually acceptable accommodation (for example, the parties agree to a phase-in of the Amendment, nova-Institute determines to withdraw, suspend or modify the amendment, or nova-Institute grants the member a waiver or variance of membership terms and conditions), the terms and conditions and the membership in RCI shall terminate automatically upon expiration of the 30-day notice period, unless the member decides to withdraw by written notice on an earlier date. Amendments shall be prospective. No termination or withdrawal pursuant to this paragraph will entitle members to a refund of membership fees or other fees, all of which are non-refundable.
5.7. Force Majeure
Neither nova-Institute nor members shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder in consequence of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, higher force, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
5.8. Logos and Names
Members grant nova-Institute the right to use their organisation’s name and logo on the RCI website and on related marketing materials, solely to indicate their membership in RCI. As long as they remain a member in good standing, the members may use RCI’s name and logo, in the format and with the notices provided or requested by nova-Institute, solely to indicate their membership in RCI.
Status: 17 February 2023