My Giving Account Terms & Conditions
These Terms and Conditions may change or be updated from time to time. It remains your responsibility to access and check these Terms and Conditions.
The latest version of these Terms and Conditions will govern any future usage by you of the website and its associated services. The date on which these Terms and Conditions were last updated is stated at the end of this document.
1. All funds donated by a Donor and credited to a My Giving Account are transferred to Charities Trust in their entirety specifically for Charitable Purposes and are non-refundable.
2. No interest will accrue to funds held in a My Giving Account.
3. Funds in a My Giving Account may not be used to provide a benefit for a Donor or any Connected Persons. For example funds cannot 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.
4. No funds from a My Giving Account may be used to discharge or satisfy a legally enforceable pledge or obligation of any person.
5. Funds held on behalf of donors will be distributed by Charities Trust, in whole or in part, to charities as and when they receive appropriate instructions from the Donor.
6. When distributing funds, 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 a My Giving Account, but it will always be in pursuit of Charities Trust's charitable objects.
7. Charities Trust may, in the following circumstances, distribute all or part of a My Giving Account for Charitable Purposes without seeking or having regard to the Donor's wish or request:
a) Where there has been no activity on a My Giving Account in respect of distributions out of the Account or funds added to the Account for a period of at least two years. Deductions of fees shall not be considered a distribution from the Account for these purposes.
b) The Donor has indicated that they do not wish to or cannot make a request or express a wish on how the funds should be distributed; or
c) In Charities Trust's reasonable opinion that the Donor's capability make a request or express a wish on how the funds should be distributed is in doubt;
8. Charities Trust will distribute funds out of a My Giving Account in the next available payment run subject to the beneficiary charity having been verified by Charities Trust's internal processes and procedures.
9. Payments to charities are generally made by BACS transfer to the charity's bank account. Where the charity bank details have not been provided, Charities Trust will pay funds by cheque. There is an additional charge for cheque processing which will be deducted from the gross value of the payment.
10. Regular payment requests out of a My Giving Account may be set up online by the account holder at frequencies of monthly, bi-monthly, quarterly, half-yearly and annually.
11. Payments are made at the end of the month subject to sufficient funds being available in the Account. It is the Donor's responsibility to ensure that there are sufficient funds held in their My Giving Account to cover all standing and ad hoc requests.
12. In the event of multiple instructions being submitted to Charities Trust at the same time and containing conflicting information, Charities Trust will act on the most recent instruction.
13. The Donor will be able to add funds to the My Giving Account using the following methods: payroll giving, standing order, credit and debit card transactions.
14. Charities Trust will apply the funds to a My Giving Account once they have been processed and reconciled, at which time the balance available for donations will update.
15. The Donor agrees that, to defray the costs of administering the My Giving Account, Charities Trust may deduct from their Account all costs, fees, contributions and expenses that it incurs in connection with the operation and administration of the 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.
16. Where gifts other than cash in pounds sterling are made to a My Giving Account, the costs of converting the gift to pounds sterling will be met by the Account balance.
17. Where applicable, Charities Trust will reclaim Gift Aid in respect of a donation made to a My Giving Account, subject to the Donor having provided an up to date Gift Aid declaration.
18. It is the Donor’s responsibility to keep Charities Trust updated in the event of a change in the Donor's tax status.
19. Gift Aid received from HMRC will be applied to the Donor’s Account once received.
20. Charities Trust shall be entitled to recover from a My Giving Account any sums of money which may be required to be paid to HMRC for any reason, including but not limited to Donor’s ineligibility to reclaim tax under the Gift Aid scheme.
21. Donor’s can access their electronic record of activity within their Account. It is the Donor's responsibility to ensure that log in and password details are not disclosed to third parties.
22. 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.
23. The Donor shall be responsible for monitoring activity in their Account to ensure that it is being operated to their satisfaction.
24. 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 Account for Charitable Purposes, taking into account the wishes of the Donor.
25. 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 Account for at least two years. Charities Trust will then distribute all Assets in the Account for Charitable Purposes, taking into account the wishes of the Donor, subject always to Charities Trust's overriding discretion
Letter of Wishes
26. The Donor may make a request as to how Charities Trust distributes their My Giving Account for Charitable Purposes after their death in a Letter of Wishes.
27. 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 remaining funds for Charitable Purposes and close the Account.
28. 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 remaining funds held in the Account in accordance with the Letter of Wishes, subject always to Charities Trust's overriding discretion, and close the Account.
29. 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.
30. A Donor's contact details will be shared with their chosen charities only if they have agreed to this by opting in to receive updates from their charities.
31. Charities can only contact Donors where they have received this active consent, and contact preferences can be changed at any time including to remove the Donor’s consent.
32. It is the Donor’s responsibility to update their contact preferences and contact details by updating the profile section of their Account.
33. 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.
Terms and Liability
34. 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.
35. Limitation of liability
a) 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.
b) 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;
c) To the extent that liability is not lawfully excluded by this clause 36, 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 a My Giving Account in order to pay Charities Trust's fees, costs, contributions or expenses during the year in which the liability arose.
36. 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.
37. 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 for a donor to use to apply for 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 Charities Trust.
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 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.
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.
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 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
- Paper Statements (quarterly): £1 p.q.
Last updated: 6th April 2018