B. MyDonate (“Service”) is a no fee, no commission, online fundraising service for UK based charities to raise money using BT’s own end to end, payment industry security compliant payment processing system, BT Safepay. The Service includes the operation of the MyDonate website, the collection of charity donations, management of the collection of Gift Aid from HMRC, and transfer of funds via BACS to your designated bank account.
1. Registering as a charity to use the Service
1.1. Subject to Clause 1.3, to use the Service, you must be either: (a) an active charity or CASC (community amateur sports club) registered with the Charities Commission in England and Wales, the Office of the Scottish Charity Regulator or for charities in Northern Ireland the Northern Irish Charity Commission and Her Majesty’s Revenue and Customs (HMRC); or (b) a charity without a requirement to register with one of the bodies referred to above, but treated as a charity by HMRC for tax purposes.
1.2. You must also register online with us to set up your MyDonate account. In addition, we will require you to complete two forms which will be emailed to you when we receive your completed registration form online. These are Form ChV1 if you wish to give us authority to claim Gift Aid on your behalf from HMRC, and a charity application form. These forms need to be completed and signed by the appropriate authorised charity officer as indicated, such as the Treasurer or a Trustee. These must then be returned to us at the address currently indicated on the MyDonate website along with an original bank statement (which will be returned) or letter from your bank on its headed notepaper confirming your bank account details (account number and sort code), together with confirmation that the bank account is registered in your charity’s name.
1.3. You agree that we may carry out any checks we consider necessary to verify your identity and confirm the information you provide in your completed application form is correct. We can accept registrations from charities who wish to use the Service who do not have a current HMRC registration and who do not complete and return Form ChV1 to us, but we cannot claim or pay Gift Aid until you register with HMRC and we have confirmation that you are entitled to claim it. This process is subject to HMRC timelines as stated in paragraph 5.1.
1.4. Acceptance of your registration is at BT’s sole discretion. Once we have accepted your registration we will provide you with the Service unless or until it is suspended or terminated in accordance with Clauses 12 and/or 13.
1.6. You are responsible for ensuring that all the information you give to us during the registration process is accurate and complete, and that you will keep it up to date for the period you use the Service. You must also comply with the requirements of charity law, anti-discrimination, anti-corruption and anti-bribery laws and BT’s Anti-Corruption and Bribery Policies at http://www.selling2bt.bt.com/Anti-CorruptionandBribery/index.htm and, if relevant, company law (“legal obligations”).
1.7. You must inform BT of any material developments or changes to your charity which might affect your use of the Service or the MyDonate website, including any change in your registered charity status, or if the Charity Commission opens an inquiry relating to you. BT may also, from time to time, make its own checks to ensure that you remain compliant with your legal obligations. If you appear to have failed to meet these requirements or obligations, or the Charity Commission or other official or regulatory authority starts an inquiry relating to you, BT reserves the right to suspend your membership of MyDonate immediately and without notice, and the provisions of Clause 12 and 13 (if relevant) will apply.
2. Operation of the MyDonate website
2.1. We will operate the MyDonate website to enable donors to make payments to you by credit and debit card, and to claim Gift Aid on those payments. Payments can be made to the MyDonate website by donors either through a fundraiser’s individual fundraising page or directly to your own charity’s area on the MyDonate website. All donations are taken in sterling.
2.2. We will process credit and debit card payments through BT Safepay and using BT’s merchant acquiring bank arrangements. Although we provide the Service without charge, you must pay for the credit and debit card charges we incur in processing donations made to you, and these will be deducted from payments we make to you without any fee or commission being added by us.
2.3. When registering to use the Service, we will also ask you to provide details of the bank account which you want us to transfer funds due to you in accordance with Clause 5. It is your responsibility to ensure you tell us if you decide you want to change the account you want us to make payments to at any one time. Any changes you notify to us of your bank account details will be subject to the validation process set out in paragraph 1.2 above.
3. Gift Aid
3.1. To enable us to claim Gift Aid due on the donations made to you, you authorise BT to make the applications for reimbursement to HMRC on your behalf, and you further agree to provide us with all reasonable assistance if we have to deal with any issues or disputes raised by HMRC in connection with your claims for Gift Aid made by us. You agree that BT may keep details of all applications for Gift Aid made and received on your behalf for accounting and audit purposes. We can only claim Gift Aid for donations that are HMRC verified in the UK.
4. Trust Account
4.1 Payments we receive on your behalf, whether donations or Gift Aid, will be processed via the BT Safepay secure payment processing system and when cleared funds will be paid into a Charities Trust Fund Bank Account (‘Trust Account’) in the name of BT and held on trust for you in that account along with funds held on trust for the other charities registered to use the Service. Collection of recurring transactions will be made at a time to be determined at BT’s sole discretion.
4.2 We will appoint Trustees to oversee the management and supervision of the Trust Account on behalf of the charities registered with the Service.
4.3 You will not be paid interest directly on sums held on your behalf in the Trust Account, as no interest is earned by BT on these sums.
4.4 We reserve the right to decline to process any transactions on your behalf if we have reasonable grounds to believe that such transactions are related to fraudulent activity of any kind and the provisions of Clauses 12 and 13 (if relevant) will apply.
5. Payments to you
5.1. We will make payments of donations due to you on a weekly basis by BACS transfer which will take up to 3 working days to clear. Payments of Gift Aid received on your behalf will also be paid by BACS transfer, however, the first payment is subject to HMRC confirmation which will be at least 20 working days from our submission. Thereafter Gift Aid payments will be paid in the weekly BACS transfer subject to the varying authorisation timelines from HMRC.
5.2. Payments made to you will be net of any bank charges due in respect of credit and debit card processing, and you authorise BT to deduct any such amounts from sums due to you before payment is made to you.
5.3. Credit and debit card charges will be at BT’s agreed rates with relevant banks and may vary from time to time in accordance with card scheme pricing changes.
5.4. Any chargebacks or other amounts rejected by the merchant acquiring banks for whatever reason will be referred back to you. Any amounts due in respect of chargebacks will be deducted from payments we make to you, and you agree to pay to us any shortfall if there are insufficient funds due to you to cover the amount outstanding.
5.5. Payments that we make to you will be made to the bank account details of which you gave to us when you registered with us, or those you have subsequently notified to us. Please note that we will be unable to make BACS transfers to you unless we have up to date and accurate bank account information from you.
5.6 The Service does not include the facility to make refunds to donors, and any such requests for refunds received by us in respect of donations made to you will be forwarded to you.
6. Your account and reporting
6.1. When we accept your registration to use the Service, we will provide you with a secure account area on the MyDonate website. We will provide you with a user ID and password, and you will be responsible for the proper use of these and for taking all necessary steps to keep these confidential and secure, to use them properly and not to make these available to unauthorised people.
6.2 You will be able to access information on transactions relevant to your charity, including details of donations made and payments to you, information about donors where they have agreed that you may see this, and Gift Aid refunds relevant to your donations, by logging into your account on the MyDonate website.
7. Data protection
7.1. When donors visit the MyDonate website and make a donation to you, we will ask them if they agree to be contacted by you or not. If they agree, we will provide you with contact details of donors in your account reports, and you agree that you will not use any donor personal information we give you for any purpose other than in accordance with the purpose for which it was given by them.
7.2. If a donor subsequently asks for their details to be removed from the MyDonate website we will delete their personal data from the MyDonate website records. You agree to regularly update your own records and also to only use the MyDonate records applicable to you in respect of any donor personal information captured using the Service to ensure that you do not contact donors who have withdrawn their consent to be contacted by you.
7.3 Both parties agree that they act as a Data Controller in respect of any donor personal data which they process in connection with the provision and receipt of the Service and we both agree to comply with our respective obligations under the Data Protection Act 1998 and any other data protection, privacy or similar laws in connection with any donor or other personal data which may be processed by either party during the operation and use of the Service. You agree to provide us with such help and co-operation as is reasonably necessary or requested by us to enable compliance with this Clause.
8. Content provided by you
8.1. Any content which you post on the MyDonate website or which you post on your website must not contain illegal material or link to material which is illegal wherever it is hosted, nor be defamatory, obscene or offensive to others on any grounds.
8.2. If you believe content that is posted by other users on the Site is of a defamatory nature you may contact us using the “Contact Us” link provided. If after investigation we agree that the content is defamatory we will remove that content within 48 hours of receiving your complaint.
8.3 You should not publish or link to material or content in which you do not own the rights without the permission of the owner of the relevant rights.
8.4 You must not provide any incentive to donors to donate.
9.1 The name ‘MyDonate’ and the BT logo and any other product and service names that we may present on the MyDonate website from time to time may not be used in connection with any product or service that is not BT’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit BT. Other trademarks, service marks or logos that appear on the MyDonate website, in particular (but not exclusively) those of other member charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both BT and the trade mark owner.
9.2 As long as Clause 12 and /or 13 do not apply, we agree that you may use the name ‘MyDonate’ and the BT logo and any other of our product and service names that we may present on the MyDonate website from time to time in connection with your participation with MyDonate including, with our prior written consent, in respect of promotional materials you may publish from time to time, and subject at all times to compliance with the BT Brand Guidelines.
9.3 You agree to permit us to use your name and logo in respect of your participation in the Service including, with your prior consent, in respect of promotional materials we may publish from time to time.
All content on the MyDonate website is owned by BT, our member charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the MyDonate website’s content is permitted without the express prior permission of BT, and, where applicable, the copyright holder.
11. Changes to the Service
We will make every effort to ensure that the Service and the MyDonate website and other services are available continuously, but reserve the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these terms of service.
12. Suspension of the Service
12.1 In the event that you: (a) commit a breach of these terms of service; or (b) the provisions of Clauses 1.7 or 8.3 apply; or (c) if we are made aware, or given reason to suspect, that you or the Service is or may be being used for illegal or fraudulent purposes, we reserve the right at our sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the MyDonate website and the Service and to remove your details from the MyDonate website without notice pending further investigation. Any funds donated will be held in trust. Where the suspension is lifted, funds will be paid to you in the next available payment window. If suspension results in termination, BT will refund the unpaid donations to donors as soon as possible and recover the administrative costs for this from you.
13. Termination of the Service
13.2 An act of material default will be considered to have occurred;
a) if either party becomes insolvent or wound up; or
b) if (relating to you) we are made aware, or given reason to suspect because of allegations or reports, that your operations as a charity or your use of the Service have any illegal or fraudulent purposes, or would bring the MyDonate website into disrepute; or
c) either party commits an act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party; or
d) if your charitable status or your HMRC registration is suspended or withdrawn.
13.3 Either you or we may discontinue your use of the MyDonate website and the Service at any time by the terminating party giving the other 14 days’ prior notice in writing. The terminating or suspending party does not need to have or give a reason for the termination or suspension. It will enable us to stop receiving donations on your behalf and to account to you for any outstanding amounts due to you which may be held by us in the Trust Account.
13.4 We reserve the right to withdraw the MyDonate website and any associated services from any public access at any time at our complete discretion.
13.5 In the event of termination by you or by us under Clause 13.1, BT will refund the donations which we have not yet paid to you to donors as soon as possible and recover the administrative costs for this from you.
14. Limitation of Liability
14.2 Subject to the exceptions listed above, in no event shall we be liable for any claims, loss or damage, whether direct or consequential which you claim to have suffered by reason of your accessing and use of the MyDonate website or the Service.
14.3 If you decide to run a competition, raffle prize draw or lottery (“promotions”) or to sell tickets using the MyDonate website, you accept that you are responsible for ensuring that you comply with any laws, regulations or terms and conditions relating to these services. You acknowledge that BT has no liability whatsoever to the participants of those promotions or ticket providers and you must include this information clearly in the rules, terms and conditions or publication of any such promotions.
16.2 We reserve the right to withdraw the MyDonate website and any associated services from any public access at any time at our complete discretion.
17. Governing Law
18. Third party rights