YWAM Discovery Bay Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND KEEP THEM FOR FUTURE REFERENCE.
1. Introduction
1.1. YWAM Discovery Bay is a 501(c)3 charitable organization affiliated with Youth With a Mission International.
1.2. These are the Terms and Conditions which govern use of the VMG Services by charities or other organisations that are registered with VMG. By continuing to use or access the VMG Services, or by beginning the registration process, you are agreeing as a charity or organisation to be bound by these Terms and Conditions with immediate effect. References in these Terms and Conditions to the ‘Charity’ or ‘you’ (and similar) are references to you as a charity or other eligible organisation that has applied to VMG and/or been registered by VMG as a Member (as defined below).
2. Membership of VMG
2.1. The VMG Services are currently only available for use by charities or organistations with a registered address in the UK and who are either registered with the Charity Commission for England & Wales, and/or the Office of the Scottish Charity Regulator, or exempt from registration or, for organisations, registered with Her Majesty’s Revenue & Customs (‘HMRC’). Your charity or organisation also must be registered for Gift Aid with HMRC. Further information on the registration process is available from VMG upon request.
2.2. A non-refundable one-off registration fee of £150 plus VAT applies to each application for registration or registered charity number (where applicable) that you hold. This is payable by credit or debit card, cheque or direct transfer. Your registration to the VMG Services will not (amongst other things) be complete until payment of this amount has cleared.
2.3. Once you have successfully completed registration with VMG you will be deemed to be a ‘Member’, and your membership shall continue for an indefinite period, subject to termination in accordance with Clause 20.
2.4. By becoming a Member, you appoint VMG as your agent for the purpose of collecting donations, event fees and Gift Aid, and you authorise us to reclaim Gift Aid on your behalf in accordance with Clause 3. VMG is unable to reclaim Gift Aid on your behalf without a valid HMRC registration number allocated to your charity or organisation.
2.5. VMG reserves the right to decline any registration without further explanation. VMG will undertake such checks as are necessary to verify the identity of the Charity and its trustees, as appropriate. In certain circumstances additional verification may be required. Should additional work be required to verify the identity of the Charity or its trustees, this may incur additional cost. This cost will be agreed with you beforehand and will have to be paid to VMG before the work is undertaken. Such additional work does not guarantee that VMG will accept your application.
2.6. Payments (be they donations or event fees) to you/the Charity by individual users of the VMG website (‘donors’) will not be possible or valid before (i) the Charity has completed the registration process and been accepted by VMG as a Member, and (ii) VMG’s website systems have been set up to show you as a Member.
3. VMG obligations
3.1. VMG will:
3.1.1. operate the VMG Services so that donors/fundraisers can make online donations and payments for event fees, on a personal fundraising page or on a page established specifically for the Charity on the VMG website, or otherwise through a VMG controlled website. VMG will only process online donations and event fee payments. Any cheques or cash received will be returned to the sender. For a donation or event fee to be directed to you by a donor/fundraiser, the donor/fundraiser must have selected you as the recipient charity on the VMG website. The obligations related to the receipt of funds by VMG on your behalf are set out in Clause 8.
3.1.2. Event fee payments are collected by VMG on your behalf, but the payment of an event fee will establish a direct legally binding contract between you and the relevant individual that you must honour.
3.1.3. Where VMG has received funds on your behalf, it will hold the funds on your behalf in the Charity Trust Funds Account (see Clause 12 below) until they are paid out in accordance with these Terms and Conditions. This is a legal trust account in which monies are held on trust for you and other charities. You will not earn or be paid interest on the sums that VMG holds and/or processes for you.
3.2. VMG will:
3.2.1. where appropriate, offer all donors the option of making donations in a way that makes them eligible to reclaim Gift Aid (subject to a donor’s declaration of eligibility). Each donor is responsible at all times for accurately informing and updating VMG as to their respective entitlement to claim Gift Aid and VMG is not responsible for use of inaccurate or out of date information provided by a donor; and
3.2.2. on your behalf, apply to HMRC to reclaim Gift Aid in compliance with HMRC recommended practice. However, if any Gift Aid claim, or sums claimed, on behalf of the Charity is subsequently challenged or not settled by HMRC, then you will be responsible for resolving the matter with HMRC and, where applicable, repaying any disputed sum directly to HMRC.
3.3. In respect of personal details, VMG will collect, protect and secure these at all times in accordance with the Data Protection Act 1998. Where a donor/fundraiser has chosen to allow us to pass their personal data to you, we will do so and you agree to only use that data strictly for the purposes and in the manner consented to by the donor/fundraiser and not disclose any personal details to any third party except with the consent of the donor/fundraiser. VMG will not be liable in any way whatsoever for any such disclosure of personal details by the Charity in breach of this Clause 3.3.
3.4. VMG will provide the Charity with access to a secure, password-protected user account (the ‘Charity Account’) accessible through the VMG website. Details of the systems required for accessing the Charity Account, and the Charity Account’s functionality, are available on the VMG website www.virginmoneygiving.com.
4. Your obligations
4.1. The Charity must ensure that the content it has posted for display within the VMG website, including any links to other websites and the content of linked websites, will not be in violation of any law or regulation or be defamatory, obscene or breach any intellectual property rights of a third party or breach any right of, or duty owed to, a third party.
4.2. The Charity is responsible for ensuring that all of the details provided in connection with their Charity Account and all of the content generated on the VMG website by or on behalf of the Charity is kept accurate and up-to-date.
4.3. The Charity shall at all times comply with all relevant data protection legislation and guidelines.
4.4. The Charity is responsible for its own internal password security control, and for all use of the Charity Account.
4.5. The Charity is responsible for reimbursing VMG for the payment transaction charges where VMG incurs such costs in processing the payment to the Charity of donations and event fees for donors/fundraisers. The relevant sum will be deducted from the funds held by VMG for you.
4.6. The Charity is responsible for ensuring that any donations paid to the Charity through the VMG website are used by the Charity in accordance with any stated purpose or specific fundraising appeal. As VMG does not monitor or control the activities of the Charity, it shall be the sole responsibility of the Charity to ensure that funds donated are used for the stated purpose or appeal and VMG will not be responsible for the use or non-use of any payments (be they donations or event fees) to the Charity by donors/fundraisers.
4.7. Any Gift Aid claim, or sums claimed on behalf of the Charity in accordance with Clause 3.2 and subsequently challenged and/or not settled by HMRC will be referred back to you. It shall be the responsibility of the Charity to resolve such matters with HMRC directly and you agree that VMG shall have no further liability to you in respect of such claims or sums.
5. VMG website content
VMG, as operator of the VMG Services and VMG website, acts as an intermediary between the Charity and the individual users of the VMG website (known as ‘VMG Users’). VMG does not take responsibility for any VMG User generated content or information displayed on the VMG website. If VMG is informed or otherwise has knowledge of any unlawful or offensive activity or information on the VMG website, VMG will act promptly to remove or disable access to this information. Except for as set out in Clause 19.1, VMG shall not be liable to the Charity as a result of its role as the operator of the VMG website or as an intermediary between the Charity and VMG Users.
6. Licences of your and VMG’s trade marks
6.1. The Charity grants to VMG a royalty-free, non-exclusive licence to use its trade marks, and all other materials (including associated intellectual property rights) provided to VMG by the Charity, in connection with the VMG Services and VMG’s operation and other connected commercial or charitable activities.
6.2. VMG grants the Charity a non-exclusive, worldwide licence to use its logo, graphics and other VMG images (excluding submitted content such as photographs), such use to be in accordance with the ‘VMG Brand Guidelines’ (as displayed on www.virginmoneygiving.com) and any directions issued by VMG. VMG reserves the right to revoke this licence or amend the VMG Brand Guidelines at any time. All goodwill related to VMG’s logo and brand will at all times enure to, and remain property, of VMG.
6.3. In relation to the use of each other’s intellectual property rights, each party shall, in respect of any action brought against the other party, indemnify the other party in respect of all loss, cost, damage or expense (including reasonable legal fees) suffered by that other party as a result of its use or possession of the materials or intellectual property rights provided to it, that infringe any intellectual property rights or other rights of a third party, or are offensive, harmful or illegal.
6.4. Except for as set out in Clause 20.2, the licences provided in this Clause 6 shall terminate automatically when your membership comes to an end. However, you acknowledge and agree that VMG may not remove the Charity’s generated content or information displayed on the VMG website unless requested to do so by the Charity and, to the extent required by VMG, you will continue to grant a licence in accordance with Clause 6.1.
7. Your VMG Services
7.1. The VMG Services shall only begin once you are a Member and VMG’s website systems have been set up to process payment transactions for you as a Member. This will be the case once you have received an activation email notifying you that your account is now active. The VMG Services will stop in accordance with Clause 20.2 when you cease to be a Member.
8. Payments to you
8.1. VMG will process and hold donations and event fees received from donors/fundraisers on your behalf.
8.2. VMG will transfer cleared funds that it has received on your behalf to you as follows:
8.2.1. in respect of your donations and event fees, we will transfer the sums weekly; and
8.2.2. in respect of Gift Aid, we will transfer the sums once received from HMRC.
8.3. The amount transferred to you will be equal to the sums that we have received on your behalf, less the charges payable by you under Clause 11. Where you owe other sums to VMG (including but not limited to the non-payment of invoices), there may also be a deduction from the funds that VMG holds for you to settle that debt.
8.4. Transfers of donations, event fees and Gift Aid to your nominated bank account will normally be made by us through the Bankers Automated Clearing Services (‘BACS’). This means that the transfer from VMG should reach your recipient bank no later than the end of the third business day following the date of the transfer. Alternatively, payments of donations, event fees and Gift Aid to your nominated bank account can be made by cheque.
8.5. For payments made to another bank account, we will make sure that they are sent to the recipient bank. It is the recipient bank’s responsibility to make sure the payment is added to the appropriate bank account.
9. Information you need to provide to VMG
9.1. Before VMG can make any transfers to you, you must provide VMG with an original bank statement showing correct details of the following:
9.1.1. the recipient bank (being a recognised UK based financial institution), including its sort code;
9.1.2. the recipient bank account number; and
9.1.3. the name and address of the person to whom the recipient bank account is registered (it should include the Charity’s name).
9.2. Once you have provided these details to VMG, they will be used for executing all future transfers that VMG makes for you, unless you inform VMG otherwise or a transfer is rejected by the recipient bank. You are responsible for ensuring that VMG is kept informed of the correct and up-to-date details. Any changes to the details must be notified to us in good time before a transfer is due to be made and, in any event, no later than 3pm on the afternoon of the business day preceding the intended date of transfer, so that we can amend the payment instructions.
9.3. If you provide us with (or let us continue to use) incorrect or out-of-date information, we will not be responsible if the payment is not made, it is delayed, or it is made incorrectly. If you ask us, we will make reasonable efforts to recover an incorrect payment.
10. Consent and execution
10.1. You authorise VMG to receive funds for you, and to VMG making transfers to you, on an ongoing basis in accordance with these Terms and Conditions.
10.2. VMG may refuse to process transactions for you if it is not reasonably satisfied that:
10.2.1. the transaction is legal and not related to fraudulent activities of any kind;
10.2.2. they have been properly authorised;
10.2.3. the information we are basing a transfer on is correct.
11. Charges, interest, and currency
11.1. The following sums will be payable by you in respect of the VMG Services:
11.1.1. A fee (‘Transaction Fee’) of 2% of the gross amount of every donation received for you.
11.1.2. A fee (‘Transaction Fee’) of 2% on the charity event fees that VMG collects for you.
11.1.3. A fee (‘Processing Fee’) to cover costs incurred by VMG in processing donations, which will vary depending on the card type used or payment mechanism used. Details of the Processing Fees are set out at: http://uk.virginmoneygiving.com/giving/about-us/fees.jsp
11.2. You authorise VMG to deduct the Transaction Fees and Processing Fees, together with such other sums as you owe to VMG, from the amount of any funds that VMG is paying out to the Charity.
11.3. Any interest that is earned or paid on the sums held in the Charity Trust Funds Account will be used by VMG to improve the services that VMG provides to its Members [Charities] and to help reduce its costs.
11.4. Funds are only accepted in pounds sterling, and transfers to you will only be executed in pounds sterling.
12. Safeguards
All funds that VMG holds for you as part of the VMG Services are held in a Charity Trust Funds Account.
13. Transaction information
13.1. Paper statements will not normally be sent to you. Information on the transactions that we process for you, and deductions we have made, will be available through the Charity Account. If you are unable to access the Charity Account, please contact VMG’s website service team on 03456 01 10 45 .
13.2. If an error is identified by VMG in information that it has provided, VMG will seek to rectify it.
14. Refunds on donations
14.1. It is not VMG’s policy to carry out refunds on donations and event fees that have been made to you. Any refund requests received from a donor/fundraiser in respect of donations or event fees made to you will be passed to you.
14.2. If notified within 24 hours of the transaction having been made, VMG will consider authorising a refund in exceptional circumstances. In the event that VMG does authorise a refund, it will endeavour to process this refund as quickly as is reasonably possible, subject always to sufficient funds being available. VMG reserves the right to apply a charge for refunding a donation or event fee, and will agree with you such a charge before a refund is effected.
15. Incorrectly executed transactions
15.1. If a payment has been made incorrectly and VMG fails to prove the payment was received by the recipient bank, VMG will credit the amount of the non-executed or defective payment transaction to you. We will not do this if the circumstances giving rise to the incorrect payment transaction were due to abnormal and unforeseeable circumstances beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary. Where we refer to things being ‘beyond our reasonable control’, this would include, but is not limited to, strikes industrial action or the failure of equipment or power supplies.
15.2. If you ask us, we will make efforts to trace a payment and will tell you the outcome.
16. Unauthorised transactions
16.1. You must read the statements that are available through the Charity Account carefully when they are available online. To help VMG prevent fraud, you must tell VMG immediately by calling VMG on 03456 01 10 45 if you do not recognise any transaction shown on your statement. If you do not tell VMG promptly, you may not be entitled to have any errors corrected.
16.2. If we suspect fraud or that you have been grossly negligent, we will investigate the transaction and will only be responsible if/when we have concluded that there has been no fraud and you have not acted with intent or been grossly negligent. Where we are responsible, we will refund the amount of the unauthorised transaction and any resulting interest and charges that we are responsible for. We will have no further liability to you. You will be responsible for all losses arising from unauthorised transactions that occur as a result of you (or anyone authorised by you) having acted (i) fraudulently, (ii) with intent, or (iii) very carelessly.
16.3. We will return a payment to a donor or fundraiser where we have investigated and are satisfied that the payment was unauthorised by the donor or fundraiser and that the donor or fundraiser (or anyone authorised by the donor or fundraiser) has not acted fraudulently, with intent, or very carelessly. Where a payment has been made to the Charity and if VMG agree to return an unauthorised payment then VMG will issue an invoice to you for the funds. Such funds to be paid within 30 days of the date of an invoice from VMG.
16.4. Any chargebacks or other rejected amounts applied to VMG for donations received will be referred back to you. Any such amounts due in respect of chargebacks or other rejected amounts will be invoiced to you and you agree to pay VMG the funds within 30 days of the date of an invoice from VMG.
17. Redress
If VMG does not deliver the standard of VMG Service you expect, or if you think VMG has made a mistake, please contact VMG on 03456 01 10 45. The situation will be investigated and, if necessary, actions will be taken to put matters right as quickly as we can. Where appropriate, steps will also be taken to prevent a recurrence.
18. Communications
18.1. These Terms and Conditions are issued and concluded in English. Communications between us will be in English and will be conducted by letter, phone or email using the most recent details that you have provided to us, or by a message posted to your Charity Account.
18.2. If you wish to contact VMG, please write to the address set out at the end of these Terms and Conditions, call us on 03456 01 10 45 or email us at theteam@virginmoneygiving.com
18.3. Copies of these Terms and Conditions will be available upon request.
19. Disclaimer and limitation of liability
19.1. Nothing in these Terms and Conditions excludes or limits VMG’s liability for fraud, or for death or personal injury arising from its negligence or that of its employees, agents or subcontractors, or for any other liability that cannot be lawfully excluded. Except for as set out in these Terms and Conditions, in no event will we be responsible for indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
19.2. Subject to Clause 19.1, all reasonable care will be taken by VMG but you use the VMG website at your own risk and VMG is not liable for loss or damage that you may suffer through use of the VMG website.
20. Termination
20.1. The Charity may discontinue use of the VMG Services and terminate its membership at any time. Notification of the Charity’s intention to cancel its membership will be effective by sending written notice to that effect to Virgin Money Giving, 28 St Andrews Square, Edinburgh, EH1 2AF. VMG may discontinue your use of the VMG Services and terminate your membership at any time on at least 2 months’ written notice.
20.2. VMG will cease accepting donations within 7 days of receipt of a notification issued under Clause 20.1, or if you otherwise cease to be a Member. These Terms and Conditions will continue to apply to the period prior to the termination notice being received and (to the extent required by VMG) in the 7 day period following termination, and VMG will ensure that any valid donations and Gift Aid due to you up to the point of effective termination will be passed on to you in accordance with these Terms and Conditions.
20.3. Each party will have the right to terminate the Charity’s Member status, including its use of VMG’s Services, with immediate effect by sending written notice to that effect to the registered office of the other party if the other party commits an act of material default under these Terms and Conditions. In addition, VMG reserves the right to suspend payments to charities if fraud is suspected.
20.4. An act of material default by a party shall be considered to have occurred if:
20.4.1. that party is wound up or becomes insolvent; or
20.4.2. that party commits any act or threatens to do any act the direct result of which is to damage or be likely to damage the reputation of the other party.
20.4.3. in respect of the Charity, it loses its charitable status or its HMRC registration.
20.5. VMG reserves the right to withdraw the VMG website and the associated VMG Services from public access at any time, at its complete discretion.
21. Suspension of the VMG Services
Subject to Clause 19 and any applicable legal requirements, VMG may, without liability to the Charity, suspend the operation of the VMG Services in full or in part at any time, for example for repair or maintenance work or in order to update or upgrade the contents or functionality of the VMG website. We will try to inform you in advance of a suspension, but this may not always be possible. For the avoidance of doubt, VMG is not liable to you for any loss you may suffer as a result of the suspension of VMG Services.
22. Confidentiality of your information
22.1. Information of a sensitive and confidential nature that you provide to us and we retain about you will not be disclosed to anyone other than:
22.1.1. where we are legally required to disclose or have a public duty to disclose.
22.1.2. where the disclosure is made with your consent; or
22.1.3. where the information is already in the public domain other than as a result of us breaching our confidentiality commitments to you.
22.1.4. to third parties to whom VMG are required to disclose this information in order for the VMG Services to be performed.
22.2. By using the VMG website you accept our use of cookies. Cookies are small text files held on your computer which we use to help us to give customers the best experience possible on our website and to let us understand how customers use our website. Some cookies have already been set. You can delete or block cookies but some parts of our website won’t work without them. You can find out more about cookies, how we use them and how you can update your browser settings in our Cookie Policy.
23. Amendments
VMG reserves the right to amend these Terms and Conditions and any changes will be notified to you in accordance with Clause 18 and posted on the VMG website at least one month in advance of any such change coming into effect. Your continued use of the VMG website following any such amendment will be deemed acceptance by the Charity of the amended terms. You may however terminate your membership at any time in accordance with Clause 20. It is the Charity’s responsibility to keep itself appraised of website updates and changes to these Terms and Conditions and you should check these Terms and Conditions whenever you access the VMG website.
24. Governing law
These Terms and Conditions and any non-contractual obligations arising in connection with them are governed by English Law and the parties submit to the non-exclusive jurisdiction of the English courts.
25. Third party rights
A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and conditions.