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 firstname.lastname@example.org 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 7.5.
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 with this clause;
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 advisors 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 whatsoever 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, it will be possible for you to receive donations from any Participating Businesses. Please inform us if a Participating Business pledges a donation that you do not wish to receive.
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, which shall be the Participating Business’ sole responsibility.
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.
5.5 A Charity will still be liable to pay the Service Fee in the event that a Participating Businesses pays a donation directly to it rather than via the Work for Good platform. Work for Good will invoice the Charity within 10 days following the date on which the donation was due.
6.1 By signing up to these Terms & Conditions you appoint Work for Good as your agent for the purpose of collecting donations from Participating Businesses.
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 name and trademark (“the Work for Good Logo”) on your website or other marketing materials. You must not use the Work for Good Logo for any purpose other than in connection with the Service.
7.2 The Work for Good Logo may only be used and displayed in accordance with the Work for Good Brand 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 Logo 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 logo”) 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 logo 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 logo on our Website within 30 days after termination. You will also cease using the Work for Good Logo 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, logos 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.
10.3 Where you have provided consent for us to do so (during the sign-up process) Work for Good will use the images that are uploaded to your profile on the Website for the purposes of marketing and social media promotion.
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 2018 and the UK General Data Protection Regulation;
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. Subject to clause 11.4, 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 Where Participating Businesses have consented for their contact name and details to be passed to the Charity for the purpose of the Charity communicating with the Participating Business (including sending direct marketing), we shall inform you that it consents to be contacted and provide the relevant contact details. Once you have received this data, any future processing and obligations related to such processing shall be your sole responsibility (including but not limited to providing the Participating Business with your privacy notice, and actioning any request to cease sending communications). Work for Good accepts no liability for the use of the data once it has been provided to the Charity.
11.5 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.
11.6 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 11.6 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 4.4 above)
These Commercial Participation Terms are made between:
(a) The business that has registered with Work for Good and which wishes to donate money to the selected Charity (as defined below) the name and details of which are detailed on the Businesses’ page on the Website (“the Business”); and
(b) The charity that has registered with Work for Good in order to receive donations from the Business, the name and details of which shall be detailed on the Businesses Page on the Website (“the Charity”).
2.1 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 (as amended by the Charities Act 2016), which are set out in these Commercial Participation Terms & Conditions. For additional information about Commercial Participation agreements, see Schedule 3 of the Business Terms & Conditions.
3.1 The terms and definitions in this Schedule shall have the same meanings as those set out in the Terms & Conditions for Businesses and Charities.
3.2 These Commercial Participation Terms are signed by the parties when registering for the Service on the Website. A new set of Commercial Participation Terms are created each time a Business registers an intention to donate via the Website.
4.1 The objective is for the Business to raise funds for their selected Charity by agreeing to make donations in connection with the provision of their goods and services (“the Promotion”).
5. The Terms
5.1 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 obligations when raising money for the Charity as part of the Promotion:
5.1.1 to cease the Promotion and making any representations that you are raising funds for the Charity if the Charity notifies Work for Good that it no longer wants you to raise funds on its behalf;
5.1.2 not to use the Charity’s logo without express permission;
5.1.3 not to bring the Charity into disrepute;
5.1.4 not to represent that the Charity endorses or approves any of your products, activities or services;
5.1.5 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;
5.1.6 to comply with all applicable laws, regulations and codes which govern the Promotion, including but not limited to relevant sections of the Fundraising Regulator’s Code of Fundraising Practice;
5.1.7 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
5.1.8 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 charity you are supporting; and
(b) The amount you are donating e.g. £ or % xx of every sale OR £ or % xx of sales from a specific product or service (and which product(s) or service (s) this donation relates to). Note that if you are donating a percentage of profits then you must provide an estimate of what that donation will be.
5.2 To comply with the undertaking in clause 5.1.5 above, the business shall ensure that:
5.2.1 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);
5.2.2 any promotional material or advertisements associated with the Promotion does not place undue pressure on any person to purchase a product or service; and
5.2.3 the products or services are not targeted at people or groups who may be vulnerable persons (including children under the age of 16).
5.3 The Charity will be permitted to monitor a Businesses’ compliance with clauses 5.1 and 5.2 in any way it sees fit, including but not limited to conducting mystery shopping exercises and reviewing copies of commercial participation statements.
5.4 The Business will inform and consult with the Charity in relation to any complaints it receives from members of the public in relation to the conduct of the Promotion.
6.1 The amount of the donation and/or the proportion of the proceeds that will be donated to the Charity as part of the Promotion (or an estimate thereof if the exact amount is unknown at the time of registering the work) shall be notified to the Charity once a Business has registered an intention to donate via the Website.
6.2 Donations shall be paid in accordance with clause 5.2 of the Terms & Conditions for Businesses and clause 6.3 of the Terms & Conditions for Charities.
7. Duration and Termination
7.1 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:
7.1.1 the Terms & Conditions for Business or Terms & Conditions for Charities being terminated; or
7.1.2 the charity notifying the Business that it no longer wishes it to fundraise for it, in accordance with clause 5.1.1 above.
Schedule 2 Use of the Work for Good Logo (see clause 7 above)
The Work for Good Logo is the exclusive property of Work for Good and is internationally registered as an EU registered trademark.
The Work for Good Logo 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.
No other logo or mark that is similar to the Work for Good Logo 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.
All references to Work for Good and the Work for Good Logo must be strictly in accordance with the wider Terms & Conditions outlined above.