Work for Good Terms and Conditions – Businesses
About Work for Good
Work for Good Limited (company no: 09844955, registered office: Waggoners Wells Cottage, Waggoners Wells Lane, Grayshott, GU26 6DT, United Kingdom) (“Work for Good”/”we”/ “us”/ “our”) allows your business (“you”/”your”) to use our website www.WorkforGood.co.uk (“the Website”) to raise funds and donate money to the charities listed on the Website, subject to these Terms & Conditions (“the Service”).
If you have any questions about the Service then please contact us at firstname.lastname@example.org and we’ll be happy to help.
2. Charities 2.1 Charities (and other not-for-profit organisations: Other not-for-profit organisations that meet certain eligibility criteria may be permitted to sign up to the Service at Work for Good’s sole discretion) are listed on the Website at Work for Good's discretion. We do not accept any responsibility for their activities. You should be satisfied that the charities you wish to raise funds for are suitable to receive your donations. 2.2 We have an agreement in place with each charity listed which permits us to collect donations on its behalf. 2.3 Recipient charities may use your donation for their general purposes. 2.4 As a business that is raising funds for a charity you will be what is known as a “commercial participator” under the Charities Act 1992. This legislation requires you to comply with additional terms in connection with the charity you are raising money for, which are incorporated into these Terms & Conditions and can be viewed in schedule.
3. Work for Good Fees 3.1 During the beta phase of the Service, Work for Good is not charging anybody for use of the Service or Website. The only fee that will be charged to the Charity and deducted from the donation amount will be the Stripe (Stripe is a payment service that allows us to process your credit and debit card payments.) transaction cost for processing the payment. This is charged at 1.4% of the payment plus 20p per transaction (Note that this rises to 2.9% of the payment plus 20p per transaction for transfers to non-European bank accounts.) (“Transaction Fee”).
4. Donations 4.1 You are prohibited from starting to raise funds for any specific charity through any promotion before registering the intention to donate in your account on the Website. 4.2 You must pay to us any funds that you have raised for your specified charity by the date specified by you when registering a piece of work through the Service. 4.3 When you pass your donation to Work for Good, we will hold it as agent for the relevant charity in a bank account in which all charity donations are held separately from the funds of Work for Good. We will then pass the money direct to the charity at the beginning of the next month after receipt, minus the Transaction Fee payable by the charity. 4.4 Once paid, the donation cannot be refunded. If we are unable to make the payment (for example, if the charity has ceased to exist or refuses to accept a donation), we will select an appropriate, alternative charity to pass the donation or payment to. 4.5 We encourage users to suggest additional charities that they would like to support - any organisation that is registered with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator or the Charity Commission for Northern Ireland, or registered as charities with HMRC will be considered for inclusion. 4.6 Work for Good cannot provide tax advice or financial advice and we strongly recommend that you consult your own accountant or financial advisor to understand any accounting or taxation that may be relevant to you.
5. Unauthorised card use 5.1 When a donation is charged to your card, the transaction is final and not disputable unless there is proven unauthorised use of your payment card. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
6. Your Business “Page” 6.1 Upon signing up to the Service, you will be invited to create your own “Page” on the Website on which you can provide more information about your business and list the work and/or fundraising activities that you have registered. In creating your Page you must: 6.1.1 ensure that the content that you upload is accurate and up to date; 6.1.2 not upload any content that is offensive, defamatory or likely to deceive any person; and 6.1.3 ensure that you have the right to use the content and not upload anything that may infringe the copyright, database right or trade mark of any other person. 6.2 We reserve the right to alter or remove any content on your Page, without notice to you, if in our opinion it does not comply with these Terms & Conditions. 6.3 We will not be responsible, or liable to any person, for the content or accuracy of any content posted by you or any other user of our Website.
7. The Work for Good mark 7.1 The Work for Good name and trade mark (“the mark”) are the property of Work for Good. 7.2 In signing up to the Service we will grant you a non-exclusive and non-sub-licensable licence to display the mark on your website or other marketing materials. You must not use the mark for any purpose other than in connection with the Service. The mark may only be used and displayed in accordance with the Work for Good mark Guidelines. 7.3 We reserve the right to revoke the licence with immediate effect at any time. 7.4 Nothing in these Terms & Conditions shall constitute any representation or warranty that: 7.4.1 the mark is valid; 7.4.2 the exercise by the licensee of rights granted under clause 7.2 will not infringe the rights of any person.
8. Disclaimer and Limitation of Liability 8.1 We do not exclude any liability that we are not permitted to exclude in law, including in the unlikely event we have been fraudulent or if we are negligent and as a result we cause your death or personal injury. 8.2 Subject to clause 8.1, we shall not be liable for any loss or damage that you may suffer as a result of using the Website or the Service. 8.3 You shall be solely responsible for complying with the commercial participation terms and we accept no liability for your failure to do so. 8.4 Subject to clause 8.1, our total financial liability to you under these Terms & Conditions is capped at £100.
9. Changes to the Service 9.1 We may make changes to these Terms & Conditions and the Service at any time without notice to you. Any changes will be displayed on this webpage and so please check back here regularly for any updates.
10. Termination 10.1 We may terminate our agreement with you and prohibit you from any further use of the Service and the mark at any time. 10.2 You may also discontinue using Work for Good at any time. If you do decide to terminate, you must remove all references to Work for Good from your marketing and business materials and cease using the mark immediately. 10.3 If these Terms & Conditions are terminated, you must continue to pass to us, for onward transmission to the relevant charities, all sums raised by you in accordance with the fundraising activities you have undertaken using the Service.
11. Intellectual Property Rights 11.1 No materials displayed on our Website may be used without our prior written consent.
13. Force Majeure 13.1 Neither party shall be in breach of these Terms & Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms & Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
14. Third Party Rights 14.1 Any person or organisation who is not a party to these Terms & Conditions has no right to enforce any of these terms.
15. No partnership or agency 15.1 Nothing in these Terms & Conditions is intended to, or shall be deemed to establish any partnership or joint venture between the parties.
16. Governing Law 16.1 These Terms & Conditions are governed by English law and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the English Courts.
Schedule 1 Commercial Participation Terms (see 2.4 above)
17. Background 17.1 Businesses that encourage the purchase of goods or services on the basis that a proportion of the proceeds will go to one or more charitable institutions, or that a donation will be made, are known as “commercial participators” and must comply with the relevant provisions of the Charities Act 1992 and Charities Act 2016, which are set out in these Terms & Conditions. For additional information about Commercial Participation agreements, see Schedule 3.
18. Objective 18.1 The objective is for businesses to raise funds for their selected charity by agreeing to make donations in connection with the provision of their goods and services.
19. The Terms 19.1 Where you are a business that has signed up to the Work for Good Terms & Conditions for Businesses, you agree to comply with the following when raising money for a named charity: 19.1.1 to cease raising funds and making any representations that you are raising funds for that charity if the charity notifies us that it no longer wants you to raise funds on its behalf; 19.1.2 not to use the charity’s name or logo without express permission; 19.1.3 not to bring the charity into disrepute; 19.1.4 not to represent that the charity endorses or approves any of your products, activities or services; 19.1.5 not to use any fundraising techniques that are unreasonably persistent, place undue pressure on a person to give money, or that result in unreasonable intrusion into a person’s privacy, and to allow the charity to check and monitor your compliance with this; 19.1.6 to keep legible and detailed books of account and records relating to the donations and to allow the charity, its employees, agents and professional advisers to inspect any such books of account and records at the charity’s expense; and 19.1.7 to make commercial participation statements that are compliant with the Charities Act 1992 requirements. Guidance on the forms that these statements must take can be found in Schedule 3.
20. Duration and Termination 20.1 This agreement shall come into force on the date on which the business and charity sign up to the respective Work for Good terms and conditions (whichever is the later) and continue in force until the Terms & Conditions for Business or Terms & Conditions for Charities are terminated.
Schedule 2 Use of the Work for Good mark (see clause 7 above)
The Work for Good mark: • is the exclusive property of Work for Good and is an EU registered trademark. The Work for Good mark can only be used by businesses, individuals and charities that have registered on the site. • cannot be altered or modified in any way, nor used in any way that will or could harm its distinctiveness or validity, or any goodwill attached to it. No other logo or mark that is similar to the Work for Good Mark may be used as a substitute. • must be clearly distinguishable from any other logos, claims, or statements made by the user. It must be used at the size provided (or smaller) with the specified minimum exclusion zone around the outer edge. • denotes charitable behaviour within a business only. All references to Work for Good and the Work for Good mark must be strictly in accordance with the wider terms and conditions outlined.
Businesses exhibiting the mark accept these rules and also undertake the following: • To deliver a minimum of one piece of ‘work for good’ within 12 months of registration. • To use the mark only in conjunction with the specified business listed on the Work for Good site. • To ensure the mark is always reproduced to a high quality specification, using the correct size and colour file (supplied). • To remove the mark if a period of more than 6 months lapse between Work for Good projects. • To contact Work for Good if there is a requested size or use of the mark which is not provided for.
Work for Good reserve the right to withdraw permission for use of the mark if, at any time, they perceive a breach of these rules or the spirit of them.
Please note: other trademarks, service marks or logos that appear on Work for Good (including those of charities) are the property of their respective owners. They must not be used without the express permission of the relevant trade mark owner.
Schedule 3 What is "Commercial Participation"? (see also schedule 1)
Businesses that encourage the purchase of goods or services on the basis that a proportion of the proceeds will go to one or more charities, or that a donation will be made, are known as “commercial participators”. A commercial participator will not be connected with the charity or charities receiving the proceeds or donations nor will it be a fundraising business. As a commercial participator the business must comply with certain requirements under charity law.
What legislation applies? Commercial participators will need to comply with the following legislation: Charities Act 1992; Charitable Institutions (FundRaising) Regulations 1994; and Charities Act 2016
How can my business comply? As a commercial participator, your business must do the following in order to comply with the above legislation: • Enter into a written agreement with the charity. The law stipulates that the commercial participator cannot make representations that donations will be made to a charity unless it does so in accordance with an agreement between the commercial participator and the charity. This is why your business is asked to agree to the Commercial Participation Terms when registering with Work for Good. • Keep records of the donations that have been made to the charity and allow the charity to inspect these records upon request. • Not use any fundraising techniques that are unreasonably persistent, place undue pressure on a person to give money, or that result in unreasonable intrusion into a person’s privacy, and to allow the charity to check and monitor your compliance with this. • Make/display a clear “commercial participation statement” each time a member of the public is asked to purchase a product or service from which a proportion of the proceeds will be donated to charity.
Commercial Participation Statements A commercial participation statement must clearly indicate: (a) the name of the charity or charities that will benefit from the promotion, if more than one charity will benefit from the promotion, the proportions in which they are to benefit; and (b) the amount that will be donated (e.g. the actual amount to be donated if known, or the estimated amount and how that is calculated).