MyDonate (‘the 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 Buynet. 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
1.2. 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 terminated in accordance with clause 13.
1.3. The Service is for use within the United Kingdom only with donations taken in sterling.
1.5. 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.
1.6. You are required to inform BT of any change in your registered charity status. BT may also, from time to time, make its own checks to ensure that you remain compliant with the requirements to file annual reports and/or accounts with the appropriate charity regulator. In the event that you fail to meet these regulatory compliance requirements, BT reserves the right to suspend your membership of MyDonate immediately and without notice, and hold unpaid donations in trust, until such time as the situation is rectified.
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 charities area on the MyDonate website. Credit and debit card payments will be processed through BT Buynet and using BT’s merchant acquiring bank arrangements. Whereas we provide the Service without charge, we do ask that you 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.
2.2 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 1.1 above.
3. Gift Aid
3.1. The Service includes the application for, and collection from, payments made by HMRC in respect of Gift Aid tax relief. If you want us to collect this for you, we will need you to complete form ChV1 which we will e-mail to you. We need this form to be returned to us at the address we indicate on the MyDonate website for correspondence and we will require this before completing your application for registration for the Service. We cannot collect Gift Aid for you without a valid HMRC registration number allocated to your charity. 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.
4. Trust Account
4.1 Payments we receive on your behalf, whether donations or Gift Aid, will be processed via the BT Buynet secure payment processing system and when cleared funds 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 MyDonate 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 MyDonate 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.
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 on a monthly basis, 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 monthly subject to the varying authorisation timelines from HMRC which can be from 2 to 6 weeks.
5.2. Payments made to you will be net of any bank charges due in respect of credit and debit card processing, and you hereby 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 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 provide for posting on the MyDonate 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. 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.
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 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 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 at www.btbrand.bt.com.
9.3 You agree to permit us to use your name and logo in respect of your participation in MyDonate 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. Failure to comply with these terms of service
In the event that you commit a breach of these terms of service 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 Service.
If we are made aware of, or given reason to suspect that the Service is being used for illegal or fraudulent purposes we reserve the right to remove your details from the MyDonate website without notice pending further investigation. Any funds donated will be held in trust pending the outcome of such investigation.
13.2 An act of material default will be considered to have occurred;
a) if either party becomes insolvent or wound up; or
b) 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
c) if you lose your charitable status or your HMRC registration.
13.4 Not withstanding clause 1.6 and this clause, we reserve the right to:
a) suspend or terminate your use of the Service with immediate effect by written notice to you for any reason. We will hold any outstanding amounts due to you in trust. [It will be your responsibility to notify fundraisers with events pending that your use of the Service has ceased.]; and
b) withdraw the MyDonate website and any associated services from public access at any time at our complete discretion.
14. Limitation of Liability
If you decide to run a competition, raffle prize draw, lottery 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 competitions raffles prize draws or lotteries or ticket providers and you will include this information clearly in the rules, terms and conditions or publication of any such promotions.
16. Governing law
17. Third party rights