The Smartex Constitution
The Smartex Constitution
Following fair business practices
The reputation of our forums depends not only on how successful we are. It also depends on how we treat the people we deal with every day in the conduct of our business. Every member is therefore encouraged to deal fairly with the other members, customers, suppliers, competitors, business partners and the employees of each of these. No one should take advantage of anyone through manipulation, concealment, abuse of privileged information, misrepresentation of material facts and any unfair-dealing practice.
General conditions of membership
Smartex forum memberships are open to all, and can be taken on an individual or corporate basis. Membership is by completion of a standard membership application form and by payment in advance of the required level of membership fee. By signing the membership application form, new members agree to hold as strictly confidential any information, whether written or oral, received by them by virtue of their membership, if described as such at the time of its provision, provided such information was not already in the public domain.Continuing membership is by payment in advance of agreed annual membership fees. Members may not carry forward unused attendances from one subscription year to the next, and members may be prevented from attending meetings or receiving other membership services until their current subscriptions have been paid.
Abiding by fair competition and anti-trust laws
Every member is obligated to abide by the rules of fair competition and anti-trust laws of the United Kingdom. Anti-trust evaluation can be difficult in individual cases. However, some types of behaviour regularly constitute a violation of anti-trust laws, e.g. members of competitor enterprises may not have talks in which information about prices is exchanged or prices or capacities are arranged. It is also prohibited to enter into an agreement not to compete with a competitor, to submit bogus offers for bidding or to divide up customers, territories, or production programmes.
Offering and granting advantages
Members may not directly or indirectly offer or grant unjustified advantages to others, such as other members, suppliers, customers, and other business partners in connection with performing their job. Cash payments must not be granted. Invitations to restaurants or the like and other invitations as well as gifts of insignificant value are allowed as long as they are appropriate, in line with usual business practice and avoid any appearance of bad faith or impropriety in the mind of the recipient. Cash payments, unjustified advantages and gifts of any kind are not allowed to employees, officials or other members of governmental entities (collectively "government officials"). The above mentioned rules regarding entertainment are valid for government officials as well. In addition, local laws and regulations have to be adhered to at all times. Members concluding contracts with consultants, intermediaries, agents, or comparable third parties must see to it that these also offer or grant no unjustified advantages.