Memorialise takes pride in providing support for businesses and organisations handling end-of-life matters but occasionally we may need to take disciplinary action. Therefore, if you don’t comply with the Vendor Terms and Conditions or any of our policies (we refer to these as our “terms and conditions” throughout this document), we wouldn’t just part ways with you. Instead, we will work with you to help you understand why complying with the terms and conditions is so important and try to find a solution with you to enable you to do so moving forward. We will only terminate our relationship if we really, really need to.
We thought it might be helpful to let you know what we consider when deciding how best to resolve a breach of our terms and conditions, and so we put pen to paper to create this policy.
- We’ll consolidate the information we have about you and your storefront.
- We will consider any legal issues and risks which have arisen due to the breach.
- We’ll consider the impact of the breach and how significant it is.
- We will review any other operational factors which are relevant.
- We’ll look at any mitigating or aggravating circumstances which are relevant to the breach.
Taking all of the above into consideration, we will consider whether we think you are able to remedy the breach with our support and we will consider possible creative and practical options for resolution. This can range from rolling out training to you or changing the design of a product or label, right through to suspending or terminating your storefront(s) or the relevant product(s).
What happens if we need to restrict, suspend of terminate?
The full details are set out in clause 2 of the Vendor Terms and Conditions, but here’s a summary.
Restrict or suspend use of the site
If we restrict or suspend your storefront(s) or individual product(s), we will provide you with a clear explanation of our reasons for doing so (including referencing any specific, relevant facts and circumstances, along with the applicable grounds we’re relying on to do so). We will do so via email on or before the date on which the restriction or suspension becomes effective in order to give you the opportunity to clarify any further facts and circumstances relevant to the breach.
Termination of our relationship
If we decide that there is no alternative to terminating our relationship with you, we will provide you with a statement setting out our reasons (including referencing any specific, relevant facts and circumstances, along with the applicable grounds we’re relying on to do so). We will do this by email at least 30 (thirty) days before termination takes effect, except where:
- we are obliged by a legal or regulatory obligation to terminate our relationship sooner; or
- you have repeatedly infringed your obligations,
in which case we will provide you reasonable notice in the circumstances (if we can) and the statement of reasons for that decisions by email as soon as reasonably possible.
Where you are given 30 days’ notice, you will then have that 30 days to appeal the decision in writing. We will consider any appeal received from you and will be in touch with our decision.
You may clarify the facts that led to any restriction, suspension or termination using our Complaints Handling Process.