Work for Good Terms and Conditions – Businesses
About Work for Good
Work for Good Limited (company no: 09844955, registered office: 40 Manor Road, East Molesey,KT8 9JX 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 Recipient charities may use your donation for their general purposes. 2.3 We have an agreement in place with each charity listed which permits us to collect donations on its behalf. 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. A 'commercial participator' is defined as 'someone who carries on for gain a business [and] in the course of that business engages in any promotional venture in the course of which it is represented that charitable contributions are to be given or applied for the benefit of any charitable institution(s). You can find more information about this in the guidance note “What is Commercial Participation” at Schedule 3. 2.5 As a commercial participator, the Charities Acts 1992 and 2016 require you to comply with additional terms in connection with the charity you are raising money for, which are incorporated into these Terms & Conditions at Schedule 1. 2.6 You may only represent that you are raising money for up to 10 charities listed on the Website at one time.
3. Work for Good Fees 3.1 In consideration of using the Work for Good Services, you shall pay a subscription fee to Work for Good, which is calculated in accordance with clause 3.2 below (“Subscription Fee”). Subscription to the Service by paying the Subscription Fee permits you to build a Business “Page” on the Website (in accordance with clause 6), and use the Work for Good Mark and promotional materials (in accordance with clause 7) (“the Subscription”). 3.2 The Subscription Fee is payable upon signing up to the Subscription and shall be determined based on the number of employees that are employed by your business at the date on which the Subscription Fee or any renewal thereof becomes payable. The Subscription Fee is calculated on an annual basis as follows: “Solo”; 1 members of staff: £25 + VAT “Small”; 2-9 members of staff: £75 + VAT “Medium”;10-49 members of staff: £250 + VAT “Large”; 50-249 members of staff: £500 +VAT * “Corporate”; 250+ employees: £750 + VAT 3.3 The Subscription Fee will be automatically renewed and taken from your account on an annual basis, which will be processed by Stripe (Stripe is a payment service provider that allows us to process your credit and debit card payments). You will be notified of the renewal 60 days before the Subscription Fee is due, and will be entitled to cancel the Subscription to the Service up to 24 hours before that date. 3.4 The payment of a Subscription Fee is non-refundable in the event that you terminate your Subscription part-way through a payment year in accordance with clause 10. 3.5 Work for Good retains the right to suspend your use of the Services at any time should collection of the Subscription Fee not be successful for any reason. In this situation, you will only be granted access to the Services upon receipt of any outstanding Subscription Fees. 3.6 The recipient charity will be charged a fee of 5% + VAT of the gross amount of the donation, which shall be deducted from the donation (“Service Fee”), along with a payment service transaction fee (“Transaction Fee”). The donation will be processed by Stripe. The Transaction Fee 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).
4. Unauthorised card use 4.1 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.
5. Donations 5.1 You are prohibited from starting to raise funds for any specific charity through any promotion of your business’s goods or services before registering the intention to donate within your account on the Website in accordance with Clause 6. 5.2 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. 5.3 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 Service Fee and Transaction Fee payable by the charity. 5.4 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. 5.5 Work for Good is not responsible for any dissatisfaction you may have regarding the charity's use of any donation you may make through the Service. Please note that the recipient organisation reserves the right to use your donation for its general purposes, rather than particular campaigns or purposes. 5.6 We encourage users of the Service 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. 5.7 It may be possible for Gift Aid to be claimed on the donation by the charity if you are a UK taxpayer and operate as a sole trader or part of a partnership (rather than a registered company). Upon sign-up you will be asked if you are eligible for Gift Aid, and if so, will have the option to complete a Gift Aid declaration in favour of the relevant charity, which Work for Good will send to the charity on your behalf. It is your responsibility to ascertain whether you qualify for Gift Aid entitlement, to update Work for Good if your Gift Aid eligibility changes, and to ensure that the information within the declaration is accurate. Work for Good excludes all liability in respect of your Gift Aid declaration. If you have any doubts as to your status we strongly recommend you seek advice from your own adviser(s) or HMRC. 5.8 Work for Good cannot provide tax advice or financial advice and you should not rely on information given on the Website to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own accountant or financial advisor to understand any accounting or taxation that may be relevant to you.
6. Your Business “Page” 6.1 Upon signing up to the Service and paying the Subscription Fee, you will need to create your own “Page” on the Website on which you can provide more information about your business and register the work and/or fundraising activities that you plan on conducting. 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 Registering work on your Page in no way implies our or the charity’s endorsement of your promotional activity. 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. 6.4 During registration you will be asked to choose a password to protect your secure account; you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately or contact Work for Good. 6.5 We reserve the right to alter or remove any content on your Page, without notice to you, at the charity’s request, or if in our opinion, it does not comply with these Terms & Conditions. 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 and paying the Subscription Fee we will grant you a non-exclusive and non-sub-licensable licence to display the mark on your website or other marketing materials for the period of the Subscription only. You must not use the mark for any purpose other than in connection with the Service. 7.3 The mark must be used in compliance with these Terms and Conditions, and must be used and displayed in accordance with the Work for Good mark Guidelines attached at Schedule 2. 7.4 We reserve the right to revoke the licence with immediate effect at any time. 7.5 Nothing in these Terms & Conditions shall constitute any representation or warranty that: 7.5.1 the mark is valid; 7.5.2 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 at Schedule 1 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 limited to the total fees paid under these Terms and Conditions during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.
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. 9.2 We may, without liability to you, suspend the operation of the Service and/or Website at any time, for example (but not limited to) maintenance work or to otherwise update and improve the Website.
10. Term and Termination 10.1 These Terms & Conditions will commence on the date that the Business signs up to a Subscription, and will continue in force until terminated by either party. 10.2 We may terminate our agreement with you and prohibit you from any further use of the Service and the mark at any time. 10.3 You may also terminate your Subscription at any time upon providing written notice to Work for Good. 10.4 In the event that either party decides to terminate this agreement in accordance with clauses 10.2 or 10.3, you must remove all references to Work for Good from your marketing and business materials and cease using the mark immediately. You will not be entitled to a refund of the Subscription Fee as per clause 3.4. 10.5 This agreement will also terminate if either party is wound up or a liquidator or receiver is appointed. 10.6 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 All content on the Website and any Work for Good promotional materials that are otherwise provided to you is owned by Work for Good or its content suppliers. No materials displayed on our Website may be used without our prior written consent. 11.2 The names and logos of Work for Good and all related product and service names, designs, marks and slogans are the trade names, service marks or trademarks of Work for Good and may not be used without our prior consent, unless used under licence in accordance with these Terms and Conditions.
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, except that the charity shall have rights to directly enforce the Commercial Participation Terms in Schedule 1.
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. Notices and Entire Agreement 16.1 Any notices required under these Terms & Conditions should be made in writing and sent by registered post to the parties’ registered offices, or by e-mail to email@example.com (in the case of Work for Good) and the e-mail address provided by the business upon registration. 16.2 These Terms & Conditions and its Schedules represent the entire agreement between the parties and supersede and replace any other representations made orally or in writing.
17. Governing Law 17.1 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)
1. Background 1.1 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.
2. Objective 2.1 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 (“the Promotion”).
3. The Terms 3.1 Where you are a business that has signed up to the Work for Good Terms & Conditions for Businesses, you undertake to comply with the following when raising money for a named charity as part of the Promotion: 3.1.1 to cease the Promotion 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; 3.1.2 not to use the charity’s name or logo without express permission; 3.1.3 not to bring the charity into disrepute; 3.1.4 not to represent that the charity endorses or approves any of your products, activities or services; 3.1.5 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; 3.1.6 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 3.1.7 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 3.1.8 to make a commercial participation statement that is compliant with the Charities Act 1992 requirements where any representation is made that charitable contributions are to be given to the charity. Such commercial participation statement must state: (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 notifiable amount that will be donated (e.g. the actual amount to be donated if known, or the estimated amount and how that is calculated). Guidance on the form that these statements must take can be found in Schedule 3. 3.2 To comply with the undertaking in clause 3.1.5 above, the business shall ensure that: 3.2.1 any advertising or marketing of the goods or services that form part of the Promotion comply with the relevant requirements of the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code); 3.2.2 any promotional material or advertisements associated with the Promotion does not place undue pressure on any person to purchase a product or service; and 3.2.3 the products or services are not specifically targeted at people or groups who may be vulnerable persons (including children under the age of 16).
4. Duration and Termination 4.1 These Commercial Participation Terms shall come into force on the date on which the business registers an intention to conduct the Promotion on the Work for Good Website and continue in force until the earlier of: 4.1.1 the Terms & Conditions for Business or Terms & Conditions for Charities being terminated; or 4.1.2 the charity notifying the business that it no longer wishes it to fundraise for it, in accordance with clause 3.1.1 above.
Schedule 2 Use of the Work for Good mark (see clause 7 above)
- The Work for Good mark (“the mark”) is the exclusive property of Work for Good and is an EU registered trademark.
- The mark can only be used by businesses, individuals and charities that have registered on the Website. It 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 mark may be used as a substitute. It 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.
- The mark denotes charitable behaviour within a business only. All references to Work for Good and the mark must be strictly in accordance with the Terms and Conditions and the Work for Good mark Guidelines outlined.
5. Businesses exhibiting the mark accept these rules and also undertake the following: 5.1 To deliver a minimum of one piece of ‘work for good’ within 24 months of registration. 5.2 To use the mark only in conjunction with the specified business listed on the Work for Good site. 5.3 To ensure the mark is always reproduced to a high quality specification, using the correct size and colour file (supplied). 5.4 To contact Work for Good if there is a requested size or use of the mark which is not provided for.
6. 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.
7. 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)
What is a Commercial Participator? 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.
Further information about these requirements can be found on the Fundraising Regulator’s website: https://www.fundraisingregulator.org.uk/l9-0-commercial-participators/
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 notifiable amount that will be donated (e.g. the actual amount to be donated if known, or the estimated amount and how that is calculated). The form of the statement will depend upon the type of service or promotion that you are offering. We provide example statements in connection with three different types of Promotion that a participating business may undertake: 1. Business makes a donation to one named charity: “X% of the purchase price will be donated to [Name of Charity].” “For each item sold, £X will be donated to [Name of Charity].” “[Name of Company] will donate X% of profits from this promotional venture to [Name of Charity]. [This is expected to be at least £Y.] OR [Profits are calculated as follows [insert details]].”
2. Business makes a donation to more than one named charity: “X% of the purchase price will be donated to [Name of Charity] and [Name of Charity] in equal proportion”. “”For each item sold, £X will be donated to [Name of Charity] and [Name of Charity] in equal proportion”. “[Name of Company] will donate X% of the profit from this promotional venture to [Name of Charity] and [Name of Charity] in equal proportion. The total donation to both of these charities is expected to be £Y.”.
3. Business gives the customer a choice to pick one of up to 10 charities to which a donation will be made: “[Name of Company] will donate £X from the sale of this [product/ service]] OR [X% of the purchase price] to one of the following charities of your choice [insert names of charities].” “[Name of Company] will donate X% of the profit from this promotional venture to one of the following charities of your choice [insert names of charities]. [This is expected to be at least £Y.] OR [Profits are calculated as follows [insert details]].”
4. Business gives the customer a choice for the donation to be made to any charity registered on the Work for Good site: “X% of the purchase price will be donated to any charity of your choice which is registered on the Work for Good website.” “For each item sold, £X will be donated to any charity of your choice which is registered on the Work for Good website.” “[Name of Company] will donate X% of profits from this promotional venture to any charity of your choice which is registered on the Work for Good website. [This is expected to be at least £Y.] OR [Profits are calculated as follows [insert details]].”
Legal Compliance Failing to make a commercial participation statement is a criminal offence with a maximum fine of £5,000. We are unable to provide advice to your business about its compliance with the legislation that governs commercial participation arrangements. Please note that above example statements are for guidance only and may need to be adapted to fit with the particular arrangements of the Promotion that your Business is undertaking. We do not accept any liability for the use of these statements and recommend that you take your own legal advice where needed.