This Membership Agreement ("Agreement") is entered into between the Global Africa Trade Association ("GATA") and the applying organisation ("Member") upon acceptance of a membership application. By submitting an application and accepting membership, the Member agrees to be bound by the terms of this Agreement.
1 Parties and Definitions
"GATA" means the Global Africa Trade Association, a registered membership association with its principal place of business at Upper Hill, Nairobi, Kenya.
"Member" means the organisation whose membership application has been accepted by GATA.
"Membership Tier" means the category of membership selected or assigned: SME Member, Enterprise Member, Government Partner, or Associate Member.
"Membership Year" means the period of twelve (12) calendar months commencing on the date of membership acceptance or on the anniversary thereof.
"Benefits" means the rights, services, and privileges associated with the Member's Membership Tier as set out in Schedule A.
"Member Portal" means the secure online platform operated by GATA providing access to member resources, directories, and communications.
2 Membership Application and Acceptance
2.1 Membership is open to organisations that meet GATA's eligibility criteria for the relevant Membership Tier. Individuals may not apply for membership directly; membership is granted to legal entities only.
2.2 GATA reserves the absolute right to accept or decline any membership application without being required to provide reasons. Submission of an application does not constitute a guarantee of acceptance.
2.3 GATA will endeavour to process complete applications within five (5) business days. Incomplete applications will be returned to the applicant with a request for the missing information.
2.4 Membership commences on the date of the acceptance notification issued by GATA ("Commencement Date").
3 Membership Fees
3.1 Annual membership fees ("Subscription Fees") are set by the GATA Board and are subject to change with sixty (60) days' written notice. Current indicative fees are as follows:
| Membership Tier | Annual Fee (USD) | Payment Frequency |
|---|---|---|
| SME Member | USD 500 – USD 1,200 | Annual or semi-annual |
| Enterprise Member | USD 2,400 – USD 6,000 | Annual |
| Government Partner | By negotiation | Annual |
| Associate Member | USD 300 – USD 800 | Annual |
3.2 Fees are invoiced upon acceptance and are due within thirty (30) days of invoice date. Membership Benefits are only accessible once the first invoice has been paid in full.
3.3 Fees are non-refundable except where GATA declines to accept or renew membership, in which case any amounts paid for the unused period shall be refunded within thirty (30) days.
3.4 Late payment of Subscription Fees will result in suspension of access to the Member Portal and Benefits until payment is received. GATA may charge interest on overdue amounts at a rate of 1.5% per month.
3.5 Where a Member upgrades their tier during a Membership Year, the additional fee for the upgraded tier will be charged on a pro-rata basis for the remaining period.
4 Rights and Benefits of Membership
4.1 Subject to payment of Subscription Fees and compliance with this Agreement, GATA will provide the Member with the Benefits applicable to their Membership Tier as described in the current GATA Membership Benefits Schedule, available at www.gata.africa.
4.2 Benefits include, but are not limited to: listing in the Member Directory, access to trade reports and market intelligence, invitations to GATA events, participation in working groups, and access to the Member Portal.
4.3 GATA reserves the right to modify, add, or remove specific Benefits at any time, provided that any material reduction of Benefits is communicated to Members with at least thirty (30) days' advance notice.
5 Obligations of Members
5.1 The Member shall:
- Pay all Subscription Fees promptly when due;
- Abide by the GATA Member Code of Conduct at all times;
- Not bring GATA, its officers, or other members into disrepute;
- Maintain accurate registration information and notify GATA of any material changes within thirty (30) days;
- Ensure that all authorised representatives of the Member who interact with GATA or other Members conduct themselves professionally and ethically;
- Not use GATA's name, logo, or brand marks without prior written approval;
- Comply with all applicable laws and regulations, including anti-corruption, sanctions, and trade compliance laws;
- Respect the confidentiality of other Members' proprietary information shared within GATA forums and platforms.
5.2 The Member shall not use their GATA membership or access to other Members' information for purposes of unsolicited commercial communications (spam), predatory recruiting, or any other purpose that exploits GATA's networks for individual gain contrary to community standards.
6 Duration and Renewal
6.1 This Agreement commences on the Commencement Date and shall continue for one (1) Membership Year, renewing automatically for successive Membership Years unless terminated in accordance with clause 7.
6.2 GATA will issue a renewal invoice sixty (60) days prior to the expiry of each Membership Year. Failure to pay the renewal invoice within thirty (30) days of its due date will result in automatic lapse of membership.
6.3 A Member whose membership has lapsed may re-apply for membership; however, lapsed memberships do not retain any seniority, accrued benefits, or previous membership history.
7 Termination
7.1 Resignation by Member: A Member may resign from GATA membership by providing ninety (90) days' written notice to membership@gata.africa. No refund of Subscription Fees shall be due in respect of the period following resignation.
7.2 Termination by GATA: GATA may terminate membership with immediate effect for:
- Serious breach of this Agreement or the Code of Conduct;
- Conduct bringing GATA into disrepute;
- Providing false or materially misleading information in a membership application;
- Insolvency, liquidation, or administration of the Member;
- Non-payment of Subscription Fees after thirty (30) days from due date;
- Any legal or regulatory finding that renders continued membership prejudicial to GATA.
7.3 For lesser breaches, GATA will issue a written warning and allow thirty (30) days for rectification before exercising any right to terminate.
7.4 Upon termination or lapse, the Member must immediately cease using the GATA name and brand marks and return or destroy any confidential materials provided by GATA.
8 Intellectual Property
8.1 All intellectual property rights in GATA publications, reports, data, logos, and platform content remain the exclusive property of GATA. The Member is granted a limited, non-exclusive, non-transferable licence to use such materials solely for the Member's internal business purposes during the term of membership.
8.2 Members must not reproduce, redistribute, sell, or sublicense GATA content without prior written consent.
9 Limitation of Liability
9.1 GATA's trade reports, market intelligence, and other publications are provided for informational purposes only. GATA does not warrant the accuracy, completeness, or fitness for purpose of such information. Members rely on GATA publications at their own risk.
9.2 GATA shall not be liable for any indirect, consequential, special, or punitive loss or damage arising from membership or use of GATA services, including but not limited to loss of profits, business opportunities, or goodwill.
9.3 GATA's total aggregate liability to a Member in any Membership Year shall not exceed the Subscription Fees paid by that Member in that year.
10 Confidentiality
10.1 Each party agrees to maintain the confidentiality of any information designated as confidential by the other party and not to disclose such information to any third party without prior written consent.
10.2 This obligation shall survive termination of this Agreement for a period of three (3) years.
11 Dispute Resolution
11.1 Any dispute arising from or in connection with this Agreement shall first be referred to the GATA Secretariat for resolution by way of good-faith negotiation within thirty (30) days of written notice.
11.2 If the dispute is not resolved within thirty (30) days, either party may refer it to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules.
11.3 If mediation fails, the dispute shall be finally determined by binding arbitration administered by the NCIA under its Arbitration Rules, with a sole arbitrator appointed by the NCIA. The seat of arbitration shall be Nairobi, Kenya. The language of proceedings shall be English.
12 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Kenya. Subject to clause 11, the parties submit to the non-exclusive jurisdiction of the courts of Kenya.
13 Amendments
GATA may amend this Agreement from time to time. Material amendments will be communicated to Members in writing with at least sixty (60) days' notice. Continued membership after the notice period constitutes acceptance of the amended terms. If a Member does not accept the amended terms, they may resign in accordance with clause 7.1.
14 Entire Agreement
This Agreement, together with the Code of Conduct, Privacy Policy, and Terms and Conditions of the Member Portal (all incorporated herein by reference), constitutes the entire agreement between the parties in relation to membership and supersedes all prior representations, communications, or agreements.