The definitions set out in the Schedule
to these Terms and Conditions apply to all references to the terms
defined in the schedule where they appear in the terms and
conditions and throughout the rest of this guide.
Terms and Conditions of the Charities Trust My Giving
- All assets donated by a Donor to the
My Giving Account constitute an irrevocable and outright gift by
the Donor to Charities Trust of all right, title and interest in
such assets. Charities Trust agrees to hold such assets and to
apply them solely for Charitable Purposes and to provide such
information to the Donor about the My Giving Account as is provided
for in this Agreement.
- Charities Trust will make available to
the Donor the means of notifying Charities Trust of their wishes in
respect of the distribution of funds from the My Giving Account.
Charities Trust reserves the right to amend the ways in which a
Donor may notify their wishes to Charities Trust.
- When distributing the My Giving
Account, Charities Trust will take into account the Donor's wishes
as notified to Charities Trust.
- Charities Trust shall at all times
have final discretion as to whether or when to distribute all or
part of the My Giving Account, but it will always be in pursuit of
Charities Trust's charitable objects.
- Charities Trust may, in the following
circumstances, distribute all or part of the My Giving Account for
Charitable Purposes without seeking or having regard to the Donor's
wish or request:
- Where there has been no activity on
the My Giving Account in respect of distributions out of the My
Giving Account or Assets added to the My Giving Account for a
period of at least two years. Deductions of fees shall not be
considered a distribution from the My Giving Account for these
- The Donor has indicated that it does
not wish to or cannot make a request or express a wish on how the
assets should be distributed; or
- In Charities Trust 's reasonable
opinion the Donor's capability make a request or express a wish on
how the assets should be distributed is in doubt;
- Any income or gain resulting from the
investment of undistributed assets shall be used by Charities Trust
for its own purposes and does not form part of the My Giving
- Once a donation has been made to a My
Giving Account, it cannot be repaid to the Donor.
- At no time will the Donor (nor any
Connected Person) be able to derive any benefit from the assets in
the My Giving Account. For example funds in a My Giving Account may
not be used to pay for membership of a charity, for fees to a
school registered as a charity, to pay for a successful bid
in a charity auction, for admission to a charity's property, to pay
for entry fees for a fundraising challenge event or to pay for any
goods or services provided by a charity. For more details on
the benefit rules for tax effective donations please see the
- No distribution from the My Giving
Account may be used to discharge or satisfy a legally enforceable
pledge or obligation of any person.
- Charities Trust will distribute funds
out of the My Giving Account in the next available payment run
subject to the beneficiary having been verified by Charities
Trust's internal processes and procedures.
- Disbursements are generally made by
BACS transfer to the charity's bank account. Where the charity bank
details have not been provided, Charities Trust will disburse funds
by cheque but will make a charge for this which will be deducted
from the gross value of the disbursement.
- Regular disbursement requests out of
the My Giving Account may be set up online at frequencies of
monthly, bi-monthly, quarterly, half-yearly and annually.
Disbursements are made at the end of the month subject to
sufficient funds being in the My Giving Account. It is the Donor's
responsibility to ensure that there are sufficient assets held in
the My Giving Account to cover all standing and ad hoc
- The Donor may make a request as to how
Charities Trust distributes the My Giving Account for Charitable
Purposes after their death in a Letter of Wishes.
- In the event of more than one Form
being submitted to Charities Trust at the same time and containing
conflicting information, then Charities Trust shall be entitled to
take account of the request contained in the Form most recently
received by it.
- The Donor will be able to provide
assets to the My Giving Account using the methods made available by
Charities Trust including, but not limited to: payroll giving,
standing order, credit and debit card transactions.
- Charities Trust will apply the assests
to the My Giving Account once they have been processed and
reconciled at which time the balance available for donations will
- Where possible Charities Trust will
reclaim Gift Aid in respect of a donation made to a My Giving
Account, subject to the Donor having provided a Gift Aid
declaration to Charities Trust and kept Charities Trust updated in
the event of a change in the Donor's tax status. The Gift Aid
received from HMRC will be applied to the My Giving Account and be
available to the Donor to request distribution on the same terms as
any other Asset added to the My Giving Account.
- Charities Trust will make available to
the Donor an electronic record of activity on the My Giving
Account. It is the Donor's responsibility to ensure that log in and
password details are not disclosed to third parties.
- The donor may download transactions
covering a period of up to 2 years. It is the Donor's
responsibility to safeguard this information once
- The Donor shall be responsible for
monitoring activity in its My Giving Account to ensure that it is
being operated to its satisfaction.
- Paper statements may be provided on
request on a quarterly basis. A charge of £1 per statement will be
made, to be deducted from the balance in the account.
- A book of charity vouchers is provided
on request. The first book of vouchers is free of charge.
Subsequent voucher books will be charged as per the Fee
- A Donor may close a My Giving Account
by giving 30 days' written notice to Charities Trust. Charities
Trust will then distribute all Assets in the My Giving Account for
Charitable Purposes, taking into account the wishes of the
- Charities Trust shall be entitled to
close a My Giving Account on giving 30 days' written notice to the
Donor or where there has been no activity on the My Giving Account
for at least two years. Charities Trust will then distribute all
Assets in the My Giving Account for Charitable Purposes, taking
into account the wishes of the Donor, subject always to Charities
Trust 's overriding discretion
- If the Donor dies and has not left a
Letter of Wishes with Charities Trust, or with their executors for
Charities Trust, Charities Trust shall distribute the assets
comprising the My Giving Account to Charitable Purposes and close
the My Giving Account.
- If the Donor dies and has left a
Letter of Wishes with Charities Trust , or with their executors for
Charities Trust , Charities Trust shall distribute the assets
comprising the My Giving Account in accordance with the Letter of
Wishes, subject always to Charities Trust 's overriding discretion,
and close the My Giving Account.
- Limitation of liability
- The Donor accepts that any duty of
care Charities Trust owes in respect of the My Giving Account is
owed to the charitable beneficiaries of the My Giving Account. The
Donor further acknowledges and accepts that as the assets in the My
Giving Account are owned by Charities Trust, Charities Trust owes
no duty of care to the Donor in respect of the assets under this
Agreement or in law and that neither Charities Trust nor the Donor
can foresee any losses that can be suffered by the Donor in respect
of the assets in the My Giving Account and that none are within the
contemplation of the parties.
- All warranties, conditions and other
terms implied by statute or common law are, to the fullest extent
permitted by law, excluded from this Agreement.
- Nothing in this Agreement limits or
excludes Charities Trust's liability for death or personal injury
resulting from Charities Trust's negligence; any damage or
liability incurred by the Donor as a result of fraud or fraudulent
misrepresentation by Charities Trust or the Trustees; or for any
other matter for which the limitation or exclusion of liability is
prohibited by law.
- Other than as provided in clause 7.3
above Charities Trust shall not be liable for loss of anticipated
savings; loss of opportunity; loss of or corruption of data or
information; or any special, indirect, consequential or pure
economic loss, costs, damages, charges or expenses;
- To the extent that liability is not
lawfully excluded by this clause 20, the total liability of
Charities Trust in contract, tort (including negligence or breach
of statutory duty), misrepresentation, restitution or otherwise
arising in connection with the performance, or contemplated
performance or failure to perform under or in respect of the
Agreement shall be limited to the amount deducted from the My
Giving Account in order to pay Charities Trust 's fees, costs,
contributions or expenses during the year in which the liability
- The Donor agrees that Charities Trust
shall be entitled to recover from its My Giving Account any sums of
money which may be required to be paid to HMRC for any reason in
relation to the My Giving Account (including, without limitation,
costs caused by infringements of any requirements, including the
'benefits rules', which apply to Gift Aid).
- The Donor agrees that, to defray the
costs of administering the My Giving Account, Charities Trust may
deduct from its My Giving Account all costs, fees, contributions
and expenses that it incurs in connection with the operation and
administration of the My Giving Account. The Donor accepts that
Charities Trust will recover its costs by means of a deduction from
the My Giving Account of a sum equivalent to the costs, fees,
contributions and expenses set out in the Fee Schedule. Such sums
are deducted from the My Giving Account at the time of the relevant
- Where gifts other than cash in pounds
sterling are made to the My Giving Account, the costs of converting
the gift to pounds sterling will be met by the My Giving
- The Donor shall provide any new
contact details to Charities Trust as soon as practicable.
- Charities Trust will make every effort
to resolve a complaint quickly and fairly. If a Donor has a
complaint in relation to any aspect of its My Giving Account,
Charities Trust will follow the procedure set out in the Charities
Trust complaints procedure prevailing at that time.
- Changes to terms Charities Trust may
change any of the terms set out in these terms and conditions on
providing one month's written notice to the Donor at the address
held on file for such person save where Charities Trust is required
to change such terms for legal or regulatory reasons.
- Data protection Charities Trust will
not share information about a Donor with any outside person or
organisation, except where this has been authorised by the Donor or
a person acting with their authority or where this is required in
order to provide a product or service to the Donor, or where
Charities Trust is legally obliged to do so. For the avoidance of
doubt the Donor's name and contact details may be made available to
the charities in receipt of donations from the My Giving Account
unless the Donor elects to remain anonymous.
- This Agreement constitutes the entire
agreement between the parties and supersedes any prior agreement or
arrangement in respect of their subject matter and neither party
has entered into such agreement in reliance upon, and it shall have
no remedy in respect of, any representation or statement which is
not expressly set out in this Agreement. The only remedies
available for breach of any representation or statement which was
made prior to entry into this Agreement and which is set out in
this Agreement shall be for breach of contract and nothing in this
condition shall be interpreted or construed as limiting or
excluding the liability of either party for fraud or fraudulent
- This Agreement and any non-contractual
obligations arising out of or in connection with it will be
governed by English law.
Schedule of Terms
Assets means all assets including cash,
stocks, shares and/or non-cash assets given to Charities Trust by
or on behalf of a donor for inclusion in the My Giving Account.
Agreement means these terms and
conditions, the Application Form and the Fee Schedule which
together represent the agreement between the Donor and Charities
Application Form means the form made
available by Charities Trust from time to time in which a Donor can
apply to open a My Giving Account.
Charities Trust means Charities Trust,
a registered charity (registered charity number 327489), and where
applicable 'Charities Trust' shall mean the Trustees of the
Charitable Purpose(s) shall have the
meaning given to it in English law as set out in section 2 of the
Charities Act 2006 and subsequent amendments.
Connected Person means a spouse, close
relative or such other acquaintance as HMRC shall from time to time
regard as connected to the Donor.
Donor means the person noted as such on
the My Giving Account Application form.
Fee Schedule means the schedule made
available by Charities Trust from time to time in which the fees,
costs, contributions or expenses applicable to a My Giving Account
are set out.
Gift Aid means the amount equal to
basic rate tax that Charities Trust can reclaim on a gift made to
Charities Trust by a UK taxpayer who has paid more than the value
of the amount being so reclaimed in income tax during the tax year
in question, and who has made a declaration to this effect in the
form required by HMRC from time to time.
Giving Request means a written,
electronic or verbal request made to Charities Trust from time to
time by a Donor regarding distribution of all or part of the My
Giving Account for Charitable Purposes.
Guidance Notes means the additional
information and explanatory notes relating to the operation of the
My Giving Account, made available by Charities Trust from time to
HMRC means Her Majesty's Revenue and
Initial Donation means the donation
remitted to Charities Trust by the Donor with the Application
Letter of Wishes means a communication
from a Donor to Charities Trust regarding distribution of the funds
in their My Giving Account for Charitable Purposes on their
My Giving Account means the Initial
Donation and any additional contributions or donations from the
Donor or directed to Charities Trust to be held subject to terms
and conditions and to the request of the Donor, in each case, to be
applied for Charitable Purposes.
Trustees mean the Trustees from time to
time of Charities Trust.
Donations into a My Giving Account via
Payroll Giving: 25p per credit
Donations into a My Giving Account via
credit or debit card: 4% of value
Gift Aid credited to a My Giving
Account: 4% of value
Book of charity vouchers: £2.50
Paper Statements (quarterly): £1