Terms and Conditions for Personal Fundraising Pages
Name of Company: Skyline Promotions Ltd
Registered Office: 31 Corsica Street, London N5 1JT
Company Registration Number: 03177212
SKYLINE FUNDRAISING SERVICE
TERMS AND CONDITIONS OF USE FOR CHARITIES
This document sets out the Terms and Conditions of use by charities of Skyline’s fundraising services which are available via the website run on behalf of Skyline at www.doitforcharity.com (the “Service”).
A charity is agreeing to these Terms and Conditions by ticking the box on the web page to sign up to the Service. It is recommended that a copy of these Terms and Conditions be retained as a record by the charities who subscribe to them.
Skyline will send an email notifying the charity that it has been registered with the Service and these terms and conditions shall take effect on receipt of such an email (the “start date”).
2. How the Service Works
Skyline operates the Service as follows:
2.1 For each event, the charity can see the event cost per participant (“the Event Costs”) on the specific page for that event.
2.2 Skyline will charge a transaction fee of 5% on each amount received (excluding any Gift Aid refund if applicable). Additionally any applicable bank charges and credit or debit card processing fees will be deducted from amount received. The remaining amount is the ‘net donation’
2.3 For each participant:
2.3.1 Unless otherwise directed by the charity net donations received in relation to that participant will, up to the value of the Event Costs, be donations to the charity and will be held by Skyline for payment on behalf of the charity to the Event Operator when such sums become due. They will be held by Skyline in the Account (see clause 4.1 below) and the total costs of the Event Operator for the particular event will be paid out of the Account when they become due
2.3.2 Net donations received over and above the value of the Event Costs will be donations to the charity and will be held by Skyline on trust in the Account for the charity (see clause 4.1 below) and will be paid over to the charity as further detailed in 4.3 below
2.4 In relation to clause 2.3.1, if sufficient funds are not available at the time the Event Costs are to be paid to the Event Operator the charity retains the right to cancel the participant from the event or alternatively meet these costs from the participants offline donations or other funds
2.5 If a participant does not for any reason take part in an event,
2.5.1 to the extent that they are not paid or due to be paid to the Event Operator, monies referred to in clause 2.3.1 will be paid to the charity, and
2.5.2 the monies in the Account referred to in clause 2.3.2 in respect of that event will be paid to the charity.
3. Costs of using the Service
Skyline will charge a transaction fee of 5% on each amount received (excluding any Gift Aid refund if applicable). Additionally any applicable bank charges and credit or debit card processing fees will be deducted from amount received.
4. Skyline’s obligations
In accordance with these terms and conditions Skyline agrees to:
4.1 Act on the charity’s behalf and hold monies received from donors using the Service in a special client account (the “Account”) opened and maintained for this purpose. The Account details are as follows:
Name of bank: Barclays Bank
Sort Code: 20-10-53
Account no: 13688445
4.2 Facilitate donors using the Service to make donations to the charity by credit or debit card;
4.3 Use reasonable endeavours to ensure that all payments received over and above the value of the Event Costs, and after deduction of any bank or card processing charges are paid into the charity’s bank account weekly
4.4 Unless otherwise directed by the charity Skyline shall, at the end of every month, apply to HM Revenue and Customs for any Gift Aid refunds that are permissable to be paid by HM Revenue and Customs directly to the charity.
4.5 Use Barclays card processing service to ensure the security of card transactions and to ensure the secure crediting of the Account.
4.6 Email both the donor and page creator upon receipt of a donation made to the charity through the Service and respond on behalf of the charity to any queries from donors and/or page creators.
4.7 Comply at all times with the Charities Act 1992 (as amended) and the Charitable Institutions (Fundraising) Regulations 1994 (as amended) and all other rules of law, bye-laws and regulations relating to fund-raising.
5. The charity’s obligations
The charity shall ensure that no content supplied to Skyline for publication on the website is in breach of any law whatsoever and in particular does not breach any third party intellectual property rights or is defamatory or obscene.
6. Data Protection
Skyline agrees to:
6.1 Handle and keep secure donors’ personal contact details in compliance with the Data Protection Act 1998, other applicable intellectual property laws and any instructions from the donor;
6.2 Refrain from selling, trading or renting a donor’s personal details to third parties, except that Skyline and its agents may use such personal details to market Skyline’s website or permit charities to use such personal details to market their events unless the donor opts out; and
6.3 Provide the charity with access to an account on Skyline’s website where they can view details of donations made.
7.1 Either party can terminate these Terms and Conditions on one month’s notice in writing by email or post.
7.2 In the event of either party committing an act of default or threatening to commit or committing any act which is likely to or has damaged the reputation of the other party, each party will have the right to terminate the use of the Service with immediate effect by notice in writing.
7.3 Clauses 2.3 and 2.4 shall survive termination.
8. Acts of default
8.1 Skyline shall commit an act of default where:
8.1.1 Skyline is subject to winding-up;
8.1.2 An administration order is made in relation to Skyline or a receiver or an administrative receiver is appointed over Skyline’s assets or an encumbrancer takes possession of or sells all of Skyline's assets; or
8.1.3 Skyline makes an arrangement or composition with its creditors generally.
8.2 The charity shall commit an act of default where any of the events listed above occurs in relation to the charity, or it loses its charitable status (for whatever reason).
9. Temporary suspension of service
Without incurring liability to the charity, and at its sole discretion, Skyline may partially or wholly suspend its Service where an event takes place which is beyond its reasonable control and/or website maintenance is taking place.
10. Licence of the charity’s trademark
10.1 Skyline is hereby granted a licence to use the charity’s trademark on its website but for no other purpose.
10.2 In the event of termination of these terms and conditions the licence will no longer be effective.
11. Confidential Information
The parties shall treat as strictly confidential any information received about the other through the use of the Service and which is not in the public domain. Except as required by law, in particular the Freedom of Information Act 2000, the parties shall not disclose to any third party any information belonging to the other party without the other party’s consent. This clause shall survive termination of these Terms and Conditions.
12. Limitation of Liability
12.1 Skyline shall not in any event be liable to the charity for any indirect or consequential loss or damage including loss of business or profits whether or not caused by or resulting from its negligence or breach of contract or otherwise. For the avoidance of doubt, this shall include any loss or damage arising from erroneous claims made in respect of Gift Aid from HM Revenue and Customs in relation to payments received which are:
12.1.1 made in good faith; or
12.1.2 based on information received from another party which is incorrect, incomplete or false.
12.2 For the avoidance of doubt, nothing in these Terms and Conditions shall be deemed to exclude, restrict or limit the liability of Skyline (or its agents or sub-contractors) for death or personal injury arising from their negligence or any liability for fraudulent misrepresentation.
13.1 Notices sent by post will be deemed received within 5 business days.
13.2 Notices sent by email will be deemed received within 24 hours.
14. Governing Law
These Terms and Conditions are governed by English Law to the exclusive jurisdiction of the English courts.