GoodtoGive’s Terms and Conditions for Charities
Please read these Terms and Conditions carefully. By applying to be (and continuing to be) a member of the GoodtoGive platform, each charity and similar organisation (each a “Charity” for the purposes of these Terms and Conditions) is agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to use or access any of the GoodtoGive Services (as defined below).
GoodtoGive operates various online tools and services including a website at https://www.goodtogive.co.uk/ which allows users to create fundraising pages, for users to donate to those pages and for Charities to access data about those pages, Scan information and upload to us, Interact with our services and Mobile apps (together, the "GoodtoGive Services"). The Terms and Conditions govern the Charity's use of the GoodtoGive Services.
Please note that separate terms and conditions apply (in addition to these Terms and Conditions) for the use of certain GoodtoGive products or services, such as Accounting, Fundraising, GDPR or our Mobile Apps.
GoodtoGive may change or update these Terms and Conditions from time to time. The current version of the Terms and Conditions will be available on https://www.goodtogive.co.uk/ which It is the Charity's responsibility to access and check these Terms and Conditions whenever the Charity accesses or uses the GoodtoGive Services. The latest version of these Terms and Conditions will govern any future usage by the Charity of the GoodtoGive Services.
These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions.
1. Term & Membership
1.1 For the purposes of these Terms and Conditions, "Commencement Date" shall mean the date from which the Charity is notified that the Charity has been successfully registered to use the GoodtoGive Services (which shall be at GoodtoGive’s sole discretion). GoodtoGive shall provide the GoodtoGive Services to the Charity and the Charity shall comply with these Terms and Conditions until the membership is validly terminated.
1.2 Membership is for a minimum period of one (1) month from the Commencement Date and thereafter from month to month until terminated by written notice by either party to the other, in accordance with Section 10.1 below. Please see Section 10 of these Terms and Conditions for further termination provisions.
2. GoodtoGive’s Obligations
Donations and Charity Client Account
2.1 GoodtoGive will maintain the Charity Client Account at HSBC Bank UK . The Charity Client Account in which monies (other than the interest accruing on such monies) are held on trust for the Charity and do not belong to GoodtoGive.
2.2 GoodtoGive will operate the GoodtoGive Services so that donors can make online donations by credit or debit card, or by any other payment method made available by GoodtoGive, through a Fundraising Page set up for the Charity or on the Charity's area on the GoodtoGive website or on the GoodtoGive Mobile Apps. For all Charities, use of the GoodtoGive Services is on an "as is" and "as available" basis. Whilst GoodtoGive cannot promise trouble-free use, experience suggests that the GoodtoGive Services are reliable.
2.3 GoodtoGive will set up arrangements to ensure that all donations received by GoodtoGive (after deduction of bank processing charges, GoodtoGive's transaction fees and applicable sales taxes, as described in Section 6) are:
2.3.1 processed through our merchant partners bank account within their payment terms or where held in our Client Account are:
2.3.2 paid out by a monthly automated bank transfer from the Client Account to the Charity's validated bank account typically within 5 working days after the last day of the month.
2.4 GoodtoGive will use providers who carry out testing and verification standards and requirements in accordance with good industry practice to ensure that donors' credit cards and debit cards are debited and the Charity Trust Funds account is credited in a secure manner.
Support and Donation Acknowledgements
2.5 GoodtoGive will send prompt notifications or e-mail acknowledgements to donors in respect of each donation made to the Charity via the GoodtoGive Services.
2.6 GoodtoGive will respond to fundraisers' and donors' account enquiries that it receives.
Personal Information
2.7 GoodtoGive
will capture personal information including but not limited to the fundraiser's
and the donor's name, title, address and email address ("Personal
Information") at all times in accordance with local privacy laws,
regulatory requirements and guidance as updated and amended from time to time
including such laws, regulatory requirements and guidance applicable in the
territory where donors and fundraisers access the Website ("Local Privacy
Laws") and protect and secure such information. Charities should refer to
the
2.8 To the maximum extent possible under applicable law, GoodtoGive will abide by the instructions of all fundraisers and donors in respect of their Personal Information.
2.9 Subject to the Charity paying the Fees in accordance with Section 6 below, GoodtoGive will provide all Charities where we claim their Gift Aid with access to a secure, password protected account on the Website where the Charity can view details of donations made to the Charity, details of payments made by GoodtoGive to the Charity and updates on fundraiser and donor details (“Charity Microsite”), all such information to be provided by GoodtoGive in strict compliance with:
2.9.1 the applicable Local Privacy Laws as they apply to the relevant fundraisers and donors;
2.9.2 the privacy laws referred to in the country specific terms relevant to the Charity; and
2.9.3 any other privacy laws, regulatory requirements and guidance which are relevant to the processing of Personal Information.
2.10 GoodtoGive will not sell, trade or rent Personal Information to third parties.
Records and Audit Requirements
2.11 GoodtoGive will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Global Privacy Laws, have access and take photocopies of at its own expense on request and at reasonable times).
2.12 GoodtoGive will, via the Charity Microsite, provide each Charity with the ability to access reports outlining: the number of donations received, the value of the donations received, and (where applicable) the transaction fees deducted from the total donations in accordance with Section 6.
Site Maintenance and Miscellaneous
2.13 GoodtoGive will comply at all times with all applicable laws and applicable authority, licence, permit or registration requirements.
2.14 GoodtoGive will undertake planned maintenance and upkeep of the GoodtoGive Services.
Intermediary
2.15 GoodtoGive, as operator of the GoodtoGive Services, acts as an intermediary between the Charity and the individual users of the GoodtoGive Services. Whilst the Charity and the individual user information resides on the GoodtoGive Services, GoodtoGive does not check or exercise any editorial control over the content of such information, save as required by applicable local laws. In the event that GoodtoGive is made aware of or has knowledge of any unlawful activity or information on the GoodtoGive Services, GoodtoGive shall promptly act to remove or disable access to the information. GoodtoGive shall not be liable to the Charity as a result of its role as intermediary and is not required to notify the Charity of any such removal or disablement of access to information.
3. Charity’s Obligations - General
3.1 The Charity will ensure that all content (including text and images) supplied by it to GoodtoGive for display on the GoodtoGive Services or which it itself posts on any of the GoodtoGive Services (including, in each case, links to any third party sites or content) will not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.
3.2 The Charity will provide written confirmation to GoodtoGive of any donations (including any Gift Aid reclaimed on the same) that it permits GoodtoGive to reimburse to the donor. GoodtoGive will not permit refunds without prior written consent from the Charity, unless required by applicable local laws.
3.3 Subject to local applicable laws, the Charity will permit GoodtoGive to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Charity. Should no donations arise within one (1) week of the refund or chargeback GoodtoGive reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.
3.4 The Charity will maintain the necessary authority, permit, licence, consent, approval and registration for it to fundraise (and, where applicable, for GoodtoGive to fundraise on its behalf) in accordance with applicable local laws and if GoodtoGive needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to GoodtoGive, provide all such assistance as GoodtoGive reasonably requires to assist GoodtoGive with the same.
3.5 The Charity will inform GoodtoGive immediately if, for any reason, it:
3.5.1 ceases to carry on operating for charitable purposes;
3.5.2 is found to be engaged in any corrupt or immoral practices;
3.5.3 is subject to any investigation or inquiry which could result in the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
3.5.4 ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.
3.6 The Charity will promptly provide any information reasonably requested by GoodtoGive in order for GoodtoGive to be able to provide the GoodtoGive Services to the Charity effectively.
3.7 The Charity will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome (including but not limited to all GoodtoGive Campaign pages), the donation is used only for that specific purpose, appeal or outcome.
3.8 The Charity will comply with all applicable laws and regulations in its use of the GoodtoGive Services.
3.9 The Charity will maintain the security and confidentiality of any passwords and PINs provided by GoodtoGive for the purpose of accessing the Charity Microsite and shall not share these passwords or PINs with any third party. GoodtoGive shall not be liable for and accepts no responsibility for misuse of any Charity Microsite.
3.10 The Charity represents, warrants and undertakes to GoodtoGive that:
3.10.1 these Terms and Conditions have been accepted and agreed to by a sufficient number of its duly authorised representatives; and
3.10.2 any documents provided to GoodtoGive as part of the Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorised representatives.
4. Charity’s Obligations – Data Protection and Direct Marketing
4.1 To the extent that the Charity’s use of the GoodtoGive services results in access to any Personal Information, the Charity will:
4.1.1 at all times assist with the responsibilities of GoodtoGive, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Global Privacy Laws;
4.1.2 not do, or cause or permit to be done, anything which may result in a breach by GoodtoGive of the Global Privacy Laws and comply with all reasonable instructions from GoodtoGive relating to the processing by the Charity of such Personal Information;
4.1.3 comply with the Local Privacy Laws in respect of the Charity's collection, use, disclosure or processing of the Personal Information;
4.1.4 abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information;
4.1.5 not sell, trade or rent Personal Information to third parties;
4.1.6 hold the Personal Information securely and not disclose it to anyone other than GoodtoGive, as agreed to by the data subject and/or as permitted by Global Privacy Laws;
4.1.7 implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Global Privacy Laws, and abide by GoodtoGive's reasonable requirements to ensure the security of the Personal Information as notified to the Charity from time to time;
4.1.8 use Personal Information appropriately and only for the specific purposes as notified to the Charity from time to time, including by way of the applicable privacy policy available on GoodtoGive's Website; and
4.1.9 not retain any Personal Information for longer than is necessary.
4.2 In addition to its obligations under Section 4.1 above, if the Charity’s use of the GoodtoGive services results in access to any Personal Information and the fundraiser or donor has agreed to receive marketing communications from the Charity (as will be reflected in the Charity Microsite), the Charity will only send marketing communications to the fundraiser or donor to the extent that the fundraiser or donor:
4.2.1 has indicated their preference to receive such communications; and
4.2.2 has not indicated a preference or otherwise asked to stop receiving such communications. This includes the fundraiser or donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).
Where use of the GoodtoGive services results in access to any Personal Information relating to a fundraiser but that fundraiser has not agreed to receive marketing communications from the Charity, as will be reflected in the Charity Microsite, the Charity shall only communicate with that fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
4.3 The Charity shall be liable for and indemnify GoodtoGive, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GoodtoGive which arise (directly or indirectly) out of or in connection with any breach of Sections 4.1 or 4.2 by the Charity.
5. Intellectual Property Rights and Licence
5.1 All intellectual property rights in the GoodtoGive Services and any material (including text, photographs and other images, trademarks and logos) contained in the GoodtoGive Services are either owned by GoodtoGive or have been licensed to GoodtoGive by the rights owner(s) for use as part of providing the GoodtoGive Services. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights. GoodtoGive hereby grants to the Charity a personal, non-exclusive, non-transferable, royalty-free licence for the Charity to use the GoodtoGive Services for the sole purpose for which they are provided and in accordance with these Terms and Conditions.
5.2 The Charity hereby grants to GoodtoGive, its affiliates and its partners a non-exclusive, worldwide and royalty-free licence to use its name and logo in connection with the performance and promotion of the GoodtoGive Services.
5.3 The licences in Sections 5.1 and 5.2 shall terminate automatically on valid termination of the Charity's membership in accordance with Section 10 below.
5.4 The Charity shall be liable for and shall indemnify GoodtoGive, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GoodtoGive which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging infringement of the third party’s intellectual property rights.
6. Fees
In consideration of using the GoodtoGive Services, the Charity shall pay the subscription and transaction fees set out in this Section 6 to GoodtoGive together with any other fees set out in the country specific terms below (together, the “Fees”).
Subscription Fees
6.1 A subscription fee may apply, as set out in the relevant country specific terms. If applicable, the subscription fee shall be payable monthly via automated bank transfer. GoodtoGive retains the right to suspend the Charity’s use of the GoodtoGive Services at any time should collection of this amount not be successful for any reason or the Charity does not pay any other amount due to GoodtoGive under these Terms and Conditions for any other reason. In this situation, the Charity will only be granted access to the GoodtoGive Services upon receipt of any outstanding subscription fees.
Transaction Fees
6.2 The Charity shall pay to GoodtoGive a transaction fee on each donation which is comprised of:
6.2.1 the cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the Charity which is determined at market rates and varies by payment type and payment processor (“Payment Processing Fee”); and
6.2.2 except where otherwise specified in the relevant country specific terms below, a platform fee of a percentage of the gross donation (“Platform Fee”).
6.3 The Charity hereby authorises GoodtoGive, subject to applicable local laws, to deduct the Platform Fee (if applicable) together with applicable sales taxes and the Payment Processing Fee from each donation before paying the balance to the Charity in accordance with Section 2.3 above.
6.4 The GoodtoGive Services may include an option for a donor to pay the Platform Fee instead of the Charity. If a donor chooses this option, the full amount of the donation will be paid to the Charity after the deduction of the applicable Payment Processing Fee (and applicable sales taxes), and GoodtoGive will retain the Platform Fee paid by the donor.
6.5 For more information about GoodtoGive’s transaction fees, please see https://www.goodtogive.co.uk/mobile#pricing (as this page may be changed or updated from time to time).
6.6 GoodtoGive may offer the Charity the option of implementing a link to power its fundraising activities (for example, on its website or in emails to donors)
7. LIABILITY
7.1 GOODTOGIVE DOES NOT, AND NOTHING IN THESE TERMS AND CONDITIONS SHALL ACT TO, EXCLUDE OR LIMIT GOODTOGIVE’S OR THE CHARITY’S LIABILITY: (I) FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; (II) FRAUD; (III) UNDER ANY INDEMNITY CONTAINED IN THIS AGREEMENT; OR (IV) ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED.
7.2 The Charity agrees that the GoodtoGive Services are provided on an "as is" and "as available" basis and that its use of the GoodtoGive Services is at the Charity's sole risk. GoodtoGive does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services and operation of the GoodtoGive Services may be interfered with by numerous factors outside of GoodtoGive’s control. On that basis, except as expressly set out in these Terms and Conditions, GoodtoGive does not enter into conditions, warranties or other terms in relation to the GoodtoGive Services, and they are excluded to the fullest extent permissible by law.
7.3 Subject to Section 7.1, in no event shall GoodtoGive be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and use) the GoodtoGive Services or any part of them, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of donations, loss of Gift Aid, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.
7.4 GoodtoGive may change the format and content of the GoodtoGive Services from time to time. In particular, the Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.
7.5 Subject to the other terms of this section 7, the total aggregate liability of GoodtoGive arising under or in connection with the Charity (or any donor, fundraiser or other user) accessing and using the GoodtoGive Services and inability to access or use the GoodtoGive SERVICES shall be limited to the total fees paid under these Terms and Conditions by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.
7.6 Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages which means that some of the above limitations may not apply to Charities based on those countries. In these countries, GoodtoGive's liability will be limited to the greatest extent permitted by law.
8. Insurance
Each party must at all times maintain such adequate insurances as are required by local applicable laws or as are customary for the parties to an agreement of the nature of these Terms and Conditions to maintain in the local marketplace.
9. Confidential Information
During the term of the Charity's membership and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of GoodtoGive's Services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where required to do so by applicable local law or regulatory or governmental body. This Section 9 shall survive termination of these Terms and Conditions.
10. Termination
10.1 In accordance with Section 1 above, notice of cancellation should be received no later than the 5th day of the final month that a Charity wishes to remain as a member Charity (or the preceding Friday where the 5th day falls on a weekend or national holiday) and all notices from a Charity must include the Charity’s full name and registered charity number. Such notice shall be deemed to have been received within five (5) business days if posted (att: accounts department) and within twenty-four (24) hours if emailed (info@goodtogive.co.uk). Cancellation notices received after the 5th day of a given month (or the preceding Friday, where relevant) will usually be processed the same month, but this cannot be guaranteed. Please note that cancelling a direct debit that has been set up to pay the subscription fee described in Section 6 is not sufficient to cancel a Charity membership; so that GoodtoGive can process a cancellation request accurately and on time, post or email notice must also be provided to GoodtoGive in accordance with this Section 10.1.
10.2 In addition to the rights of each party under Sections 1 and 10.1 above, each party will have the right to terminate the use (and provision) of the GoodtoGive Services with immediate effect by notice in writing when, and at any time after, the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party. An act of default by either party shall occur if:
10.2.1 the party is wound up or a liquidator or examiner is appointed;
10.2.2 an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party's assets;
10.2.3 the party makes an arrangement or composition with its creditors generally;
10.2.4 the party ceases or threatens to cease to carry on its business;
10.2.5 any event analogous to the events listed in Sections 10.2.1 - 10.2.4 (inclusive) occurs in any territory in relation to the party or any step towards any such event or analogous event is taken by any person and not promptly dismissed or reversed.
10.3 In addition to its rights under Sections 1, 10.1 and 10.2 above, in the event that the Charity materially breaches any of these Terms and Conditions or if GoodtoGive reasonably considers that any of the events listed in Sections 3.5.1, 3.5.2, 3.5.3 or 3.5.4 apply (or are likely to apply), GoodtoGive may, at its sole discretion, without notice and with no liability to the Charity do one or both of the following:
10.3.1 suspend or terminate the Charity's access to the GoodtoGive Services;
10.3.2 suspend any payments due to the Charity under Section 2.3.
10.4 To the maximum extent permitted by applicable law GoodtoGive, in any event, reserves the right to withdraw the GoodtoGive Services (or any part of them) from public access at any time, at its complete discretion.
11. Suspension of GoodtoGive Services
GoodtoGive may, in its sole discretion, without liability to the Charity, suspend the operation of any of the GoodtoGive Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the GoodtoGive Services from time to time.
12. Notices and Entire Agreement
12.1 Notices referred to above should be made in writing and sent by registered post to the addresses given in the applicable country specific terms or, in the case of notices to be sent by or to GoodtoGive, by email to info@goodtogive.co.uk.
12.2 These Terms and Conditions represent the entire agreement between GoodtoGive and the Charity and supersede and replace any other representations made orally or in writing.
13. Third Party Rights
A person who is not a party to these Terms and Conditions has no right to enforce any term of these Terms and Conditions.
14. Grievances from employees, complaints handling process and dispute resolution
Grievances from employees
14.1 Any grievances by employees of either party will be dealt with by that party.
Complaint handling procedure
14.2 GoodtoGive will promptly respond to any complaints from fundraisers or donors concerning the GoodtoGive Services.
14.3 GoodtoGive will maintain records relating to complaints it receives.
Dispute resolution
14.4 If a dispute arises under these Terms and Conditions or concerning its subject matter, either party may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. The nominated senior representatives of both parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.
14.5 Despite the existence of a dispute, each party must continue to perform its obligations under these Terms and Conditions.
14.6 Sections 14.4 and 14.5 do not restrict or limit the right of either party to obtain interim, protective or interlocutory relief, or to immediately terminate these Terms and Conditions where these Terms and Conditions provide such a right.
15. Governing Law
These Terms and Conditions and any contractual or non-contractual claim arising out of or in connection with a Charity’s use of the GoodtoGive Services are governed by the law, and subject to the jurisdiction of the courts, of the country set out in the country specific terms.
Additional terms for Charities in the United Kingdom
The local GoodtoGive entity and the company who provides the service to Charities based in the UK is Good to Give Limited, whose registered office is at Suite 7, Floor 5, West gate, WestWord, W5 1DT ( registration : 0342494 )
The following provisions apply in addition to (and in the event of any conflicts will prevail over) the core terms, and section numbers below relate to the corresponding sections in the core terms:
Donations and Charity Client Account
2.3 GoodtoGive will set up arrangements to ensure that all Gift Aid received from HMRC is paid in accordance with Section 2.3 of the core terms (subject to having received the necessary information from HMRC to allocate that Gift Aid). Any Gift Aid received shall be paid out to each Charity once per month. Where Gift Aid is claimed in respect of a donation, processing charges and GoodtoGive’s transaction fees (as described in Section 6) will be deducted from the Gift Aid reclaimed amount in priority to a deduction from the donation itself (or any subsequent donation). Where the Charity has not appointed the designated GoodtoGive reclamation tax officers as officers of the Charity for the purpose of reclaiming Gift Aid due to the Charity and fails to sign and return to GoodtoGive a completed Gift Aid reclaim form (currently, a ChV1 form) within twenty-one (21) days of receipt, GoodtoGive is hereby authorised to deduct the transaction fees (if any) together with payment processing charges from the donation (or any subsequent donation).
Personal Information
2.9 In addition, the Charity can view and download information on Gift Aid reclaims if it has a Charity Microsite account.
2.9.2 The applicable Local Privacy Laws in the United Kingdom include, without limitation, the Data Protection Act 2018, the retained EU law version (converted by section 3 of the European Union (Withdrawal) Act 2018) of the General Data Protection Regulation (EU) 2016//679 (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case, as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time thereunder.
Records and Audit Requirements
2.11 In addition, GoodtoGive will keep proper records of all tax reclaims for the relevant period.
Miscellaneous
2.13 The applicable local fundraising laws which GoodtoGive are required to comply with in the United Kingdom shall include, without limitation, the Charities Act 1992, the Charities Act 2011 and the Charitable Institutions (Fundraising) Regulations 1994.
Gift Aid
2.19 GoodtoGive will offer all donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims.
2.20 On behalf of the Charity (but provided that the Charity has appointed the designated GoodtoGive reclamation tax officers as officers of the Charity for the purpose of reclaiming Gift Aid due to the Charity and signed and returned to GoodtoGive a completed Gift Aid reclaim form), and subject to the Charity being recognised by HMRC as a charity or community amateur sports club (CASC) and fulfilling all applicable HMRC or other requirements for Gift Aid eligibility, GoodtoGive will make Gift Aid reclaims monthly from HMRC in respect of eligible donations (i.e. donations where the donor has satisfied HMRC’s requirements and made a Gift Aid declaration).”
3. Charity Obligations - General
3.2 The Charity will provide written confirmation to GoodtoGive of any related Gift Aid reclaims.
3.3 In circumstances where no Gift Aid reclaims arise within one (1) week of a refund or chargeback, GoodtoGive reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.
The following shall be added at the end of Section 3:
“3.11 The Charity shall not provide the donor with any gift, prize or any other form of incentive in connection with the making of any donation by the donor.
3.12 Should HMRC or any other relevant body make enquiries with GoodtoGive regarding Gift Aid, including the Charity’s eligibility for Gift Aid reclaims, the Charity shall provide all reasonable assistance requested by GoodtoGive in order to resolve HMRC’s enquiries or, if requested by GoodtoGive, liaise directly with HMRC or the other relevant body.
3.13 The Charity acknowledges and agrees that GoodtoGive is required to maintain records of Gift Aid and authorises GoodtoGive to maintain such records for as long as considered necessary by GoodtoGive.”
3.14 Should GoodtoGive provide the Charity a text giving service, the Charity will include, in all advertising materials promoting the text giving service, the following message: "Texts are charged at your mobile phone operator's standard rate. The charity will receive 100% of your donation. You must be 16 or over and please ask the bill payer's permission. The terms of this service will be provided separately at the point of subscribing.
6. Fees
Subscription Fees
6.1 No monthly subscription fee is currently payable by Charities that join GoodtoGive, regardless of donation volume, for as long as they remain on the Service. This excludes “Scanner Fees” which apply, should we provide you a scanner to scan donation envelopes. Further terms and conditions will apply should we provide you a scanner.
Transaction Fees
6.2 The Charity shall pay to GoodtoGive a transaction fee on each donation which is comprised of:
6.2.1 the cost to access the necessary payment card infrastructure via a payment gateway or other electronic service to process payments on behalf of the Charity which is determined at market rates and varies by payment type and payment processor (“Payment Processing Fee”); and
6.2.2 A transaction fee of 3.2% of the donation and reclaimed Gift Aid (“GoodtoGive Processing Fee”).
6.3 The Charity hereby authorises GoodtoGive, subject to applicable local laws, to deduct the Payment Processing Fee and the GoodtoGive Processing Fee together with applicable taxes from each donation (or, as applicable, the reclaimed Gift Aid) before paying the balance to the Charity in accordance with Section 2.3 of the core terms above.
6.4 No platform fee will be charged to the Charity on the donation other than the Payment Processing Fee and the Gift Aid Service Fee. Instead, a donor will be presented with the option of making a voluntary contribution to GoodtoGive for the operation of the GoodtoGive Services, and any such voluntary contribution made by a donor will be retained by GoodtoGive.
9. Confidential Information
The applicable local laws in the United Kingdom, which may require disclosure of otherwise confidential information, include, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
15. Governing Law
The governing law for the purpose of Section 15 is the law of England, and the English courts have exclusive jurisdiction.
For the purposes of Section 15, the English courts have non-exclusive jurisdiction.