Five Pound Football Club Rules

  1. The name of the unincorporated association is the "Five Pound Football Club".
  2. As a visitor to the Website and a member of the Five Pound Football Club, you agree with the Rules below either by visiting the site, or by using the site, or by registering as a member.
  3. The Website can change these Rules at any time. Modified versions will take effect thirty (30) days after being published on this website. Payment of a membership fee (whether on renewal or otherwise) constitutes an acknowledgement that you have read, and agree to be bound by, the most up to date Rules.

    4. Section A - Definitions

    In these Rules the following expressions shall have the following meanings:
    “Association” means the Five Pound Football Club;
    “Board” means any Trustees democratically elected by members of the Association;
    “Club” shall have the meaning given to that term in Rule 4(i);
    “Investment Fee” is the sum of Five Pounds (£5);
    “Investment Fund Contribution” is always nine tenths of the Investment Fee (90%) paid every Membership Year after the Takeover Date, and initially Four Pounds and Fifty Pence (£4.50) from every member that joins the Association paid on the day of registration, until the following 30th June after the Takeover Date (for the remainder of the Membership Year);
    “Membership Year” will run from 1st July to 30th June, with the exception of the initial Membership Year that will run from the Takeover Date until 30th June;
    “Objects” means the objects of the Association set out below;
    “Admin Fee” is always one tenth of every Investment Fee (10%), initially Fifty Pence (£0.50);
    “Takeover Date” means the date that shares in a Club are acquired;
    “Website” means www.fivepoundfootballclub.com, and the owner and operator of www.fivepoundfootballclub.com.

    Section B - Association Objects

  4. The objects for which the Association is established are:-
    1. to identify a football club within either Northern Ireland, Republic of Ireland, Scotland or Wales which is suitable for purchase and to instruct Website to act as the agent of the Association in connection with the purchase of the whole or a controlling interest in the issued share capital of that football club on behalf of the Association (“the Club”);
    2. to invest revenue derived from the members or other income in the Club in order to allow the club to invest in its facilities, players, the stadium or such other expenditure as may be decided on by members through the Website. The Association may not make any other investments (other than deposits of membership fees and any other money in bank accounts awaiting application in accordance with the Association’s Objects);
    3. to benefit current and future members of the Association and also members of the community where the Club is located through encouraging and promoting the development of football at the Club;
    4. to allow members to make democratic decisions about the administration of the Club through the Website in the interests of ensuring that the Club is successful;
    5. to ensure the Club takes full and proper account of the views and opinions of members of the Association and any decisions that they make;
    6. to promote, develop and respect the rights of members of the community served by the Club and people dealing with the Association, having regard in particular to the need to provide information to members and conduct the affairs of the Association in accessible and appropriate ways;
    7. to invest revenue derived from the members or other income to provide match highlights, reports and other coverage of the Club for use on the Website.

    5. Section C - Association powers

  5. The Association may achieve these objects in whole or in part through an interest or interests in a companies or societies as long as the objects of the companies or societies are consistent with the Association’s objects. In particular the Association may acquire an interest in the Club or any limited company owning or controlling the Club either itself or through a subsidiary.
  6. In order to achieve its objects the Association may:
    1. market and advertise for new members to join the Association;
    2. collect membership fees;
    3. buy and hold shares in the Club;
    4. lend money to the Club, or contribute money to the Club in the way of an equity investment;
    5. gift money to the Club in order to achieve the Objects of the Association;
    6. enter into contracts or agreements with third party service providers;
    7. appoint and remove all solicitors, accountants, or other professional advisors, and employees of every description;
    8. take as many decisions as reasonably practicable affecting the Association through online voting through the Website;
    9. receive monies on deposit from members to be applied for the purposes of the Association; and/or
    10. do anything else which is necessary or expedient to achieve its objects provided always that the Association may not i) borrow any monies or enter into any arrangement with a similar effect, or ii) grant any security to any person over any of its assets.

      11. PROVIDED THAT;

    11. in case the Association shall take or hold any property which may be subject to any trusts, the Association shall only deal with or invest the same in such manner as allowed by law, having regard to such trusts.
    12. the objects of the Association shall not extend to the regulation of relations between workers and employers or organisations of workers and organisations of employers.
  7. The income and property of the Association shall be applied solely towards the promotion of its objects as set forth in these Rules and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise howsoever by way of profit, to members of the Association and no member of its Management Committee shall be appointed to any office of the Association paid by salary or fees or receive any remuneration or other benefit in money or money’s worth from the Association.

    8. Section D - Membership

  8. By registering you agree that you are providing correct, accurate and true information, and that you have the legal competence to conclude such an agreement.
  9. Members must be able to make the payment from their own freely available funds, and that the payment is not being made on behalf of a third party.
  10. Members must have read and understood the Five Pound Football Club Rules, including the disciplinary code.
  11. The Website may suspend or delete membership at any time and without warning if a member breaches the disciplinary code. All members are liable for the consequences of using this site.
  12. In the case of a conflict with one or more other (non) members, the Website will not be liable for any damages, of any kind, in the present or in the future, anticipated or unanticipated, known or unknown, that are the result of or concern the said conflict.
  13. The members of the Association are the people whose names are entered into the register of members.
  14. Membership is open to any person who or which:
    1. Is a supporter of the club; or
    2. Has an interest in the game of football and is in sympathy with the objects of the Association; and
    3. Signs up to be a member of the Association through the Website in order to take part in the democratic administration of the Club; and
    4. Is over 16 years of age;
    5. Both the Board and the Website shall have the power to refuse membership if, by their opinion, an individual does not meet these requirements.

    15. Section E - Obligations of members

  15. When acting as members they shall, at all times, act in the interest of the Association, and for the benefit of the community, as guardians of the objects of the Association.
  16. All public data cannot be in violation of any law or statute. You explicitly accept this statement and you are responsible (according to civil and criminal law) for the data, text and pictures that you publish.
  17. All data you upload or post cannot violate or infringe upon the rights of authors, patents, trademarks or trade secrets, or the property, intellectual, privacy, personality or publicity rights of a third party.
  18. All data you upload or post cannot be misleading, threatening, defamatory or tormenting.
  19. A member shall cease to be a member if:
    1. they die; or
    2. they withdraw from the Association; or
    3. they are expelled; or
    4. they fail after demand by the Website to pay their Investment Fee.

    20. Section F - Complaints procedure

  20. You are required to report any detrimental or illegal information/public data found on our site to the site administrator in a timely manner.
  21. If the Website considers your complaint about content posted by another member to be justified, any offending content will be removed (text, images, information or data).
  22. The complaints procedure is in accordance with article 14 of the EU-directive 2000/31/CE concerning electronic commerce.

    23. Section G - Disciplinary code

  23. The disciplinary code is in three sections: legally required rules, rules mandated by the terms and conditions, and general ‘netiquette’.

    24. Section A: Legal Requirements

  24. You are prohibited from transmitting through the Website any unlawful or harassing or abusive materials and you will refrain from distribution or use of any threatening, obscene, or vulgar material of any kind. This includes posting links to such material.
  25. You are prohibited from transmitting through the Website any material that is discriminatory or hateful on the basis of race, colour, gender, religion, sexual orientation, national or ethnic origin, citizenship, and/or handicapped status.
  26. You are prohibited from transmitting material that may infringe on any intellectual property rights, copyright, or trademark or any other rights of any third party.
  27. You are prohibited from transmitting material that may be considered libellous. Stick to the facts at all times.

    28. Section B: Mandatory terms and conditions

  28. Members must not impersonate another person or use a false name or e-mail address.
  29. Members must not post threatening, menacing or abusive material, or cause annoyance or inconvenience or needless anxiety in their postings.
  30. Members must not disrupt the website by posting any of the following (though not limited to):
    1. Vulgar language
    2. All capitals, or other inappropriately capitalised writing
    3. Repetition of the same message ("flooding")
    4. "Spamming" the forum with irrelevant or meaningless or nonsensical material
  31. Members are prohibited from using the Website to advertise commercial products or for the conduct of business and from making any potential revenue dependent on any part of the Website.
  32. Members must not attempt to get a password, other account information, or other private information from a Member.
  33. Members must not use not use any information disclosed by the website or the football club on the Website which is acquired to be used other than on the Website and other than in connection with the administration of the football club.
  34. Members must not exploit the content or trademarks of the Website without the prior written consent of the website.
  35. Members consider the interests of the Website and, for the benefit of the community, as guardians of the objectives of the Association.

    36. Section C: General Netiquette

  36. Although disregarding the 'Netiquette' rules do no constitute a formal breaking of the rules, doing so repeatedly may lead to a formal breaking of Section B Rule 29.
  37. Please keep all commentary civil and be courteous at all times. Constructive criticism is welcome, but insults directed towards other members will not be tolerated.
  38. No trolling. Don't make posts that are inflammatory just to annoy people.
  39. Criticise ideas, not people.
  40. Research your post: quote facts, figures, reference sources, link to available material to build up a coherent argument.
  41. Respect the opinions of others. Many arguments cannot be "won". Agree to disagree if possible.

    42. Disciplinary procedures

    A quiet word (in private)
    The Website can remove/edit a post that contravenes the above Rules and can send the offending member an e-mail just to extend the courtesy of letting them know action has been taken.

    A firm warning (in private)
    The Website can send the offending member an e-mail to serve as more a stern warning that they should be more considered with their actions in the future, and further posts of such nature will be looked upon dimly.

    A Yellow Card (public warning)
    In addition to sending an e-mail, the Website makes it publicly known that the action is completely unacceptable. The possibility of docking up to ten authority points, at the Website administrator’s descretion. Serving as a public rebuke to the member, and also as a marker to existing members that the action has been dealt with, and is a clear and obvious indicator of where the line that shouldn’t be crossed is.

    A Red Card (Suspension)
    First offences result in a 24 hour suspension. Second offence, 72 hours. Third offence, one week, and the matter is drawn to the attention of the Website administrator. The possibility of docking up to twenty-five authority points, at the Website administrator’s descretion. Anything beyond should be considered a candidate for permanent suspension and/or expulsion. Ending of the suspension may (or may not) be conditional upon a public apology being made.

  42. Just because there is a "ladder" of response it doesn’t mean that every rung has to be stepped on. If an offence is sufficiently serious, the Website will issue the appropriate response.

    43. Section H - Payment

  43. Members are to pay an Investment Fee during each Membership Year, with the first payment to be made at the time of application for membership. Members agree that:
    1. The Website shall be permitted to retain the Admin Fee from the Investment Fee remitted to the Association; and
    2. The Association may allow the Website to offer discounts to Members;
    3. Additional Investment Fees can be contributed by Members to achieve the Objects of the Association
  44. On payment of the annual membership fee via the Website:
    1. Each Member's name is entered into the register of members.
    2. Members are only permitted to join the Association for personal use and cannot use it for commercial purposes, or for any other purpose which undermines or contradicts the Objects of the Association. In particular, the Website may suspend Members for such period as it sees fit if it is of the view that voting is being carried out with the intention of undermining the Website, the football club or the Association.
    3. Save as otherwise provided in these Rules, the payer gains access to the Website for the remainder of the Membership Year.
    4. To the extent that a football club has not been purchased by the Association 18 months after the date that the Website first receives a payment from any member, the Website shall refund the balance of the Investment Fund Contributions as soon as reasonably practicable. Each Member will cease to be a member of the Association on receipt of the balance of the Investment Fund Contribution.

  45. Section I - Votes of members

  46. Every Member shall have one vote.
  47. Votes on official polls will be cast on the Website.
  48. The initial Investment Fee of each Membership Year is worth one hundred authority points. Members are able to increase their authority rating by contributing additional Investment Fees. Fifty authority points are awarded for a maximum of eight additional Investment Fees per Membership Year. Additional Investment Fee payments are allowed but do not contribute to a member’s authority rating. Members with a higher authority will have a bigger influence in the public votes. The Website reserves the right to dock authority points when the disciplinary code has been broken. The Website also reserves the right to award additional authority points as a reward to members.
  49. The Website has the power to temporarily or indefinitely suspend the right of a member to use the forums or to contact other members via the Website in case of or as a result of antisocial, aggressive or racist comments or comments which frequently upset other members. This shall be without prejudice to the relevant members’ right to participate in all votes which take place on the Website, which shall continue notwithstanding the suspension.

    50. Section J - Trustees

  50. The Association shall have Trustees which shall manage the business of the Association. Amongst their functions will be to:
    1. define and ensure compliance with the values and objectives of the Association and ensure these are set out in an annual report;
    2. establish policies and plans to achieve those objectives with the active participation of members through the Website;
    3. approve each year’s budget;
    4. establish and oversee a framework of delegation of decision making to members collectively through the Website;
    5. monitor the Association’s performance in relation to these plans, budget, controls and decisions and publish their findings on the Website for the benefit of members;
    6. satisfy itself that the Association’s affairs are conducted in accordance with generally accepted standards of performance and propriety;
    7. take appropriate advice;
    8. ensure that members are given as much control and involvement over the affairs of the Association and the club as is practicable in the circumstances through online voting on the Website;
  51. The number of Trustees shall be not less than two nor more than ten.
  52. No person who is not a Member of the Association shall be entitled to hold office as a Trustee.
  53. No Trustee shall vacate office or be ineligible for re-appointment as a Trustee nor shall any person be ineligible for appointment as a Trustee by reason only of having attained any particular age.

    54. Section K - Powers and duties of Trustees

  54. The business of the Association shall be conducted by the Trustees. The Trustees shall in any things act for and in the name of the Association.
  55. Without prejudice to Rule 49, the Trustees shall request that members vote on any decision which they consider (in their reasonable opinion) to be material to the Association through the Website and shall take due account of any such vote in reaching its decisions. This shall include (but not limited to) the remittance of funds held by or on behalf of the Association to the Club, and the uses to which those funds are to be put.

    56. Section L - Disqualification of Trustees

  56. The office of Trustee shall be vacated if the Trustee:-
    • becomes subject to a receiving order or makes an arrangement or composition with creditors generally; or
    • becomes prohibited by law from being a Trustee; or
    • Becomes of unsound mind; or
    • resigns from office by notice in writing to the Association; or
    • ceases to be a Member of the Association; or
    • is convicted of an indictable offence; or
    • fails to compile an annual report without special leave of absence or having provided an acceptable explanation.

    57. Section M - Rotation of Trustees

  57. The first democratic Board elections will take place through the Website when a stake in the Club has been acquired.
  58. There will be a democratic Board elections every two years to decide on the new Board.
  59. A retiring Trustee shall be eligible for re-election.
  60. Provided that the number of Trustees shall be not less than two the Association may from time to time increase or reduce the number of Trustees, and may also determine in what rotation the increased or reduced number is to go out of office.
  61. The Association may remove any Trustee before the expiration of the Trustee's period of office notwithstanding anything in these Articles or in any agreement between the Association and such Trustee.
  62. The Association may by vote through the Website to appoint another person in place of a Trustee removed from office under the immediately preceding article.

    63. Section N - Proceedings of Trustees

  63. The Trustees may meet together online through the Website for the despatch of business, adjourn, and otherwise regulate their meetings, as they think fit. Questions arising at any meeting shall be decided by a membership vote through the Website. Transcripts of meetings may be edited and made available by the Treasurer. In the case of an equality of votes the President shall have a second or casting vote.
  64. Meetings of the Directors may be called either by the Treasurer, or by a notice given to the Treasurer by at least two Trustees, specifying the business to be transacted thereat. The Treasurer shall communicate every such notice to all Trustees as soon as possible after the receipt thereof, and the meeting shall be held at an agreed time through the Website. No business shall be transacted at the meeting other than business specified in the notice calling the meeting. It shall not be necessary to give notice of a meeting of Trustees to any Trustee for the time being absent from the United Kingdom.

    65. Section O - The Treasurer

  65. The Association shall appoint the Website to act as the Treasurer of the Association.
  66. The Association shall appoint the Treasurer as its sole and exclusive agent for the purposes of issuing applications for membership.
  67. The Website shall be permitted to retain the Admin Fee from the Investment Fee remitted to the Association;
  68. Prior to the Association having purchased shares in the Club:
    1. the Treasurer shall be identify and purchase a suitable football club within either Northern Ireland, Republic of Ireland, Scotland or Wales on behalf of the Association, including conducting negotiations for the acquisition of shares in the Club, (including but not limited to the commercial terms that the Club is to be acquired (which will include an agreement by the Club to take full account of the decision made by members on the Website), appointing and instructing lawyers, accountants, consultants and any other advisers in connection with the purchase of the Club, arranging for the payment of any fees and disbursements and the transfer of any monies required on the completion of the sale, and any other matters in connection with or incidental to the said purchase.) upon such terms as the parties thereto shall agree;
    2. the Treasurer shall be appointed as the Association's attorney to execute any documents required in connection with the acquisition of the Club, whether or not by deed;
  69. After the Association have purchased shares in the Club, the Treasurer shall act under the supervision, control and direction of the Trustees, and without prejudice thereto the Treasurer in particular:
    1. Summon and attend all meetings of the Association and of the Trustees and make a transcript of these meetings available through on the Website;
    2. Keep a register of members;
    3. Keep all the books of accounts and receive all contributions and other payments due from the members and other persons to the Association and pay over the amount so received in accordance with the votes made by members of the Website (after deduction of the Admin Fee);

    70. Section P - Application of surpluses

  70. No portion of the income or property of the Association shall be paid or transferred either directly or indirectly by way of dividend, bonus or otherwise by way of profit to members of the Association.

    71. Section Q - Accounts and Trustees report

  71. Accounts shall be kept with respect to all sums of money received and expended by the Association and the matters in respect of which the receipt and expenditure takes place.
  72. The accounts should give a true and fair view of the state of the Association's affairs and to explain its transactions.
  73. The books of account shall always be open to the inspection of the Trustees.
  74. The Trustees shall from time to time determine whether and to what extent and at what times and places ands under what conditions or regulations the accounts and books of the Association or any of them shall be open to the inspection of Members not being Trustees, and no Member (not being a Trustee) shall have any right of inspecting any account or books or document of the Association.
  75. The Trustees shall from time to time cause to be prepared and laid before the Association profit and loss accounts, balance sheets and annual Trustees' reports.

    76. Section R - Privacy

  76. The Website can send e-mails to Members relating to the Association, their membership, or any matter which relates to or is incidental to the services which the Website agrees to provide.
  77. The Website will not provide or sell Members’ details to third parties in order that advertisers and/or third parties.
  78. The Website requires Members to provide it with a name, email address, date of birth and additional information. This information is stored by the Website and is subject to its data protection policy.
  79. The Website may continue to send e-mails to Members whose membership has expired or has not been renewed for a period of 12 months after the date their membership has come to an end but only in connection with encouraging them to renew their membership.

    80. Section S - Liability

  80. As a user, you assume complete responsibility and liability, without protest, for any information you publish and/or any activity in which you engage on or via your profile. You are not only liable and responsible for the items you publish on your page, comments, letters, images, etc., but also for the comments and responses that others publish on your page. You can remove undesired content easily.
  81. Links to other websites, including banners, buttons and text links, are subject to the responsibility and liability of the owner of the links. The Website can prevent the linking to other websites and can prosecute if these are not according to personal, normal and non-commercial use.
  82. All rights are reserved, except for those explicitly denied. The Website denies all responsibility and restricts its liability to the legal minimum concerning the content or nature of publications or the damage that may follow from it.

    83. Section T - Copyright

  83. Copyright www.fivepoundfootballclub.com ©2010. All rights reserved. All text, pictures, images, drawings and graphics on this website are copyright protected. You can print them for private use. Any other usage whatsoever requires permission from the Website.
  84. When a user enters data that is meant to be viewable to the public, including but not limited to text, pictures, images, drawings or graphics for a profile, forum entry, comment entry, a image description, a letter, etcetera, the user grants the Website an unlimited licence to disseminate, use, process, translate or modify this data.
  85. Anyone may add a link to this website or to individual pages on this website, without consent. Exceptions are the use of frames and/or any technique which makes it unclear to a visitor on which website he/she is browsing.

    86. Section U - Personal, normal and non-commercial use

  86. This website may only be used for personal, non-commercial use.
  87. You cannot use this website in an irregular manner, for any unlawful purpose or any purpose contrary to the conditions and warnings in this text or in any other text. You have to use the entire website as a normal, careful and reasonable human being.

    88. Section V - Warnings and indications

  88. You are supposed to read and understand all warnings and indications on this site. Any continued use of this site after a warning will be seen as an explicit consent with regard to these documents.

    89. Section W - Access

  89. The use of membership numbers, logins, passwords and/or entry codes (from now on "login data") is the sole responsibility of the user. The user is required to maintain the confidentiality and security of the login data.
  90. The user is required to immediately inform the Website of a breach or abuse of login data by e-mail. The e-mail should contain the subject line 'LOGIN'.

    91. Section X - Territorial use

  91. The use of this Website is prohibited in countries where any parts of this agreement are invalid according to local law, without leading to the entire or partial invalidity of the agreement.

    92. Section Y - Jurisdiction

    This agreement and the relationship between you and this site shall be governed by the British laws without regard to its conflict of law provisions. You and www.fivepoundfootballclub.com agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom.