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
- 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
- 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
- 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
- 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.
- 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
- 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 Account.
- 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 guidance on
- No distribution from the My Giving Account may be used to
discharge or satisfy a legally enforceable pledge or obligation of
- 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 requests.
- 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 alter.
- 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
- 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 downloaded.
- The Donor shall be responsible for monitoring activity in its
My Giving Account to ensure that it is being operated to its
- 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 Schedule.
- 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.
- 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
- 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
- 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 arose.
- 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 transaction.
- 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.
- 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
- 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.
- 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
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
Connected Person means a spouse, close relative or such other
acquaintance as HMRC shall from time to time regard as connected to
Donor means the person noted as such on the My Giving Account
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
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
Trustees mean the Trustees from time to time of Charities
Donations into a My Giving Account via Payroll Giving: 25p per
Donations into a My Giving Account via credit or debit card: 4%
Gift Aid credited to a My Giving Account: 4% of value
Book of charity vouchers: £2.50
Paper Statements (quarterly): £1 p.q.