Work for Good Terms and Conditions - Charities
The following are Work for Good's standard Terms & Conditions for charities. Work for Good reserves the right to alter the Terms & Conditions signed with each individual charity, on agreement of both the charity and Work for Good.
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 then please contact us at email@example.com and we’ll be happy to help.
2. Your Obligations 2.1 The Service is 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. The Service is available to other types of not-for profit organisations that meet certain eligibility criteria at our sole discretion. 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; and 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.
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. 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 that are connected with the arms trade, tobacco industry, animal testing, gambling or fossil fuels; 4.4 As a business that is raising funds for a charity, 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 the Terms & Conditions for Businesses. The Commercial Participation Terms are attached at Schedule 1 and there is more contextual information provided in Schedule 3. 4.5 Signing up to these Terms & Conditions creates a commercial participator agreement between the Charity and any Participating Business that wishes to raise funds for the charity. 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 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 deducted from the donation amount and charged to the Charity will be the Stripe (Stripe is a payment service that allows us to process donations made by credit and debit card) 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.) (“the Transaction Fee”).
6. Donations 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 funds of Work for Good, and we will pay it into the Charity’s bank account at the beginning of the next month after receipt, less the Transaction Fee. 6.3 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.
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 logo (“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; 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 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 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 signing up to 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 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. No materials displayed on our Website may be used without our prior written consent.
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 or agency 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. 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 4.4 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 the these Terms & Conditions.
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 internationally registered as an EU registered trademark. The Work for Good mark can only be used by businesses, individuals and charities who 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. See here for guidelines.
￼All references to Work for Good and the Work for Good Mark must be strictly in accordance with the ￼wider terms and conditions outlined above.
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 does a business comply? As a commercial participator, a 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 a 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).