My Giving Account Terms & Conditions

Definitions

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 Account

  1. 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.
  2. 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.
  3. When distributing the My Giving Account, Charities Trust will take into account the Donor's wishes as notified to Charities Trust.
  4. 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.
  5. 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:
    1. 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 purposes.
    2. 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
    3. 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;
  6. 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 Account.
  7. Once a donation has been made to a My Giving Account, it cannot be repaid to the Donor.
  8. 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 guidance on HMRC 
  9. No distribution from the My Giving Account may be used to discharge or satisfy a legally enforceable pledge or obligation of any person.
  10. 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.
  11. 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.
  12. 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 requests.
  13. 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.
  14. 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.
  15. 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.
  16. 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 alter.
  17. 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.
  18. 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.
  19. The donor may download transactions covering a period of up to 2 years. It is the Donor's responsibility to safeguard this information once downloaded. 
  20. The Donor shall be responsible for monitoring activity in its My Giving Account to ensure that it is being operated to its satisfaction.
  21. 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.
  22. 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 Schedule.
  23. 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 Donor.
  24. 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
  25. 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.
  26. 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.
  27. Limitation of liability
    1. 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.
    2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
    3. 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.
    4. 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;
    5. 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 arose.
  28. 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).
  29. 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 transaction.
  30. 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 Account.
  31. The Donor shall provide any new contact details to Charities Trust as soon as practicable.
  32. 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.
  33. 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.
  34. 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.
  35. 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 misrepresentation.
  36. 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 Trust.

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 Charities Aid

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 time.

HMRC means Her Majesty's Revenue and Customs

Initial Donation means the donation remitted to Charities Trust by the Donor with the Application Form.

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 death.

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.

Fee Schedule

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 p.q.