The following are Work for Good's standard Terms & Conditions for charities.
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”) facilitates the payment of donations to you (“the Charity”/“you”/”your”) that have been raised by businesses (“Participating Businesses”) through their promotional fundraising activities (“the Service”).
If you have any questions about the Service or these Terms & Conditions then please contact us at email@example.com and we’ll be happy to help.
1.Agreement to terms
1.1 These Terms & Conditions govern what Work for Good provides to the Charity as part of the Service.
2. Your Obligations
2.1 The Service is primarily only available to charities with a registered address in the UK which are either: registered with the Charity Commission for England and Wales, the Office of the Scottish Regulator or the Charity Commission for Northern Ireland, or are registered as charities with HMRC.
2.2 By signing up to these Terms & Conditions you agree that the Charity is eligible to take part in the Service. We may take steps to verify the identity of the Charity and its trustees where appropriate.
2.3 When signing up to the Service you will need to supply us with your contact details, bank account details and the Charity logo for use in accordance with Clause 7.4.
3. Our Obligations
3.1 We will:
3.1.1 use reasonable care and skill in providing the Service and complying with our obligations under these Terms & Conditions;
3.1.2 take reasonable steps not to bring the Charity into disrepute;
3.1.3 not represent that the Charity endorses any products or services; 3.1.4 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 will allow the Charity to check or monitor our compliance;
3.1.5 keep legible and detailed books of account and records relating to the donations and shall allow the Charity, its employees, agents and professional advisers to inspect any such books of account and records at the Charity’s expense; and
3.1.6 make clear to Participating Businesses both in the Terms and Conditions for Businesses and in a statement on the Website, the remuneration that Work for Good receives in relation to each donation made via the Service.
4. Participating Businesses
4.1 Participating Businesses sign up to the Service via our website: www.WorkforGood.co.uk (“the Website”) and agree to the Terms & Conditions for Businesses.
4.2 We do not carry out any due diligence on the Participating Businesses and have no responsibility for the fundraising activities or promotions that they may carry out in order to raise funds, or the content that they upload to the Website.
4.3 Upon signing up to the Service you will be invited to select one of the following two options to choose from in respect of the Participating Businesses that wish to raise money for the Charity:
(a) That you are happy to receive donations from any Participating Business; (b) That you are happy to receive donations from any Participating Business that has signed up with Work for Good other than those sectors or types of businesses that you listed as not wanting to receive donations from upon signing up to the Service.
4.4 As a business that is raising funds for a charity though a promotional venture, the Participating Business will be what is known as a “commercial participator” under the Charities Act 1992. This legislation requires the Participating Business to comply with additional terms when soliciting donations on your behalf (“the Commercial Participation Terms”) which are incorporated into these Terms & Conditions at Schedule 1, and the Terms & Conditions for Businesses. Participating Businesses are provided with additional information on how to comply with the Commercial Participation Terms in the “What is Commercial Participation?” guidance.
4.5 Signing up to these Terms & Conditions creates a commercial participator agreement between the Charity and any Participating Business that registers an intention to raise money for the Charity on the Website.
4.6 We do not accept any liability for non-compliance by any Participating Businesses with the Commercial Participation Terms.
5. Work for Good Fees
5.1 In consideration for the Services, Work for Good charges charities a fee of 5% + VAT of the gross amount of the donation from the Participating Business (the “Service Fee”).
5.2 The donation payments are processed either i) by BACS bank transfer which incurs no charge or ii) by Stripe (Stripe is a payment service that allows us to process donations made by credit and debit card). 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.) (“the Transaction Fee”). The Transaction Fee is also payable by the Charity.
5.3 The Charity hereby authorises Work for Good to deduct the Service Fee and Transaction Fee from each donation before paying the balance to the Charity in accordance with clause 6.3.
5.4 Work for Good shall raise a VAT invoice in respect of the Service and Transaction Fee on a monthly basis.
6.1 By signing up to these Terms & Conditions you appoint Work for Good as your agent for the purpose of collecting donations.
6.2 When a donation has been made we will hold it on your behalf in a bank account in which all charity donations are held separately from the general business funds of Work for Good.
6.3 The donation shall be paid into the Charity’s bank account at the beginning of the next month after receipt of the donation from the Participating Business, less the Service Fee and Transaction Fee.
6.4 Donations will not be refunded to the Participating Business without your prior written consent, unless the donation was unauthorised by the Participating Business and there was proven fraudulent use of a Participating Business’ payment card.
6.5 Participating Businesses may in some circumstances (e.g. where they are not a registered company and operate as a partnership or sole trader) be eligible to make a Gift Aid declaration in connection with the donation. In such cases, Work for Good may arrange for the Gift Aid declaration to be sent to the Charity on their behalf. The Participating Business is solely responsible for ensuring that they are eligible to make a Gift Aid declaration and Work for Good excludes all liability in respect of the validity of the declaration.
7. Trade Marks
7.1 In signing up to the Service we will grant you a non-exclusive and non-sub-licensable licence to display the Work for Good trademark (“the Work for Good mark”) on your website or other marketing materials. You must not use the Work for Good mark for any purpose other than in connection with the Service.
7.2 The Work for Good mark may only be used and displayed in accordance with the Work for Good mark Guidelines attached at Schedule 2.
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 Work for Good mark is valid; or
7.4.2 the exercise by the licensee of rights granted under clause 7.1 will not infringe the rights of any person.
7.5 You grant us a non-exclusive and non-sub-licensable licence to use the Charity’s logo (“the Charity mark”) on our Website for the sole purpose of listing the Charity as a participating organisation.
7.6 You may revoke the licence at any time. If you exercise this right, we will cease to use the Charity mark within 30 days after such revocation.
8. Limitation of Liability
8.1 Neither party excludes any liability that it is not permitted to exclude in law, including in the unlikely event it has been fraudulent or if it is negligent and as a result it causes death or personal injury.
8.2 Subject to clause 8.1, neither party shall be liable to the other for any loss or damage that it may suffer in connection with the Service.
9. Term and Termination
9.1 These Terms & Conditions will commence on the date that they are signed and will continue in force until terminated by either party.
9.2 Both parties shall be permitted to terminate this agreement at any time. 9.3 If you terminate the agreement in accordance with clause 9.2, Work for Good shall inform any Participating Businesses that are raising money on the Charity’s behalf to cease doing so. Any donations that have been raised for the Charity by those Participating Businesses shall be paid to you. Participating Businesses will be required to select an alternative charity for which to raise funds following termination.
9.4 Upon termination we will cease using the Charity mark on our Website within 30 days after termination. You will also cease using the Work for Good mark within 30 days after termination.
10. Intellectual Property Rights
10.1 All content on the Website and any Work for Good promotional materials that are otherwise provided to you are owned by Work for Good or its content suppliers. No materials displayed on our Website may be used without our prior written consent.
10.2 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 & Conditions.
11. Data Protection and Confidentiality
11.2 Both parties agree to process any personal data in connection with the Services in compliance with the Data Protection Act 1998 and the General Data Protection Regulation (EU 2016/679) once in force;
11.3 We may provide you with the details, including the relevant contact name, of the Participating Business that is raising money on the Charity’s behalf. You are only permitted to use any personal data that is received pursuant to this clause for administrative purposes, and are not permitted to contact the relevant contact for the purposes of direct marketing (unless the Charity otherwise has the appropriate consents in place).
11.4 We are not permitted to transfer any information or personal data about customers of Participating Businesses that have participated in the promotional venture, to the Charity.
11.5 The parties agree to treat all information about the other which has been acquired through the use of the Services and is not already in the public domain as confidential. 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 clause 11.5 shall survive termination of these Terms and Conditions.
12. Changes to the Service
12.1 We may make changes to these Terms & Conditions and the Service at any time, although we will only make changes if we think these are either necessary or reasonable. Please make sure you check our Website regularly for any updates. Any changes will normally take effect immediately, although where we think the changes are likely to be important, we shall always tell you in advance so you can decide whether to continue using the Service.
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
15.1 Nothing in these Terms & Conditions is intended to, or shall be deemed to establish any partnership or joint venture between any of 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 charities @workforgood.co.uk (in the case of Work for Good) and the e-mail address provided by the Charity 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 4.5 above)
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.
2.1 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 comply with all applicable laws, regulations and codes, including but not limited to relevant sections of the Fundraising Regulator’s Code of Fundraising Practice; 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 here.
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 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)
1. The Work for Good mark is the exclusive property of Work for Good and is internationally registered as an EU registered trademark.
2. The Work for Good mark can only be used by businesses, individuals and charities who 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.
3. No other logo or mark that is similar to the Work for Good 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. See here for guidelines.
4. All references to Work for Good and the Work for Good Mark must be strictly in accordance with the wider Terms & Conditions outlined above.