Charity Terms and Conditions
PLEASE READ THESE CHARITY TERMS CAREFULLY AND KEEP THEM FOR FUTURE REFERENCE.
1.1. These Charity Terms are between you and Clydesdale Bank PLC (trading as Virgin Money) (“VM”). VM is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register No:121873). Virgin Money Giving Limited acts as an agent for VM for the performance of these Charity Terms.
1.2. Virgin Money Giving Limited (Company No: 02733492) has its registered office at Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL. Clydesdale Bank PLC (Company No: SC001111) has its registered office at 30 St Vincent Place, Glasgow, G1 2HL.
1.3. When we say “VMG”, “we”, “us” or “our” in these Charity Terms, we mean Virgin Money Giving Limited. When we say “you” or “your”, we mean you as a charity or another eligible organisation that is registered to VMG for the provision of the VMG Services.
1.4. VMG operates virginmoneygiving.com (the “VMG website”) and other related systems and services (such as the collection and distribution of Gift Aid) as outlined in these Charity Terms (the “VMG Services”). The VMG website allows donors to make online donations and payments for event fees through a fundraising page (set up by a fundraiser(s) and hosted on the VMG website), a webpage specifically created for you and/or otherwise through a website controlled by VMG.
2. Your membership
2.1. In order to become a member of VMG and to remain eligible to be a member of VMG, you must be registered for Gift Aid with HMRC and be:
a) a charity that has its registered address in the UK and is registered with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, the Charity Commission for Northern Ireland or exempt from registration; or
b) an organisation that has its registered address in the UK.
2.2. VMG may decline any application for membership at its full discretion without explanation. VMG will carry out all checks that it deems necessary to verify your identity and your trustees. In certain circumstances additional verification may be required.
2.3. Following a successful application, you will become a member once the VMG website systems have been set up to process payment transactions for you. Your membership will continue until it is ended either by you or us in accordance with clause 6.
2.4. You will not be eligible to receive any of the VMG Services until:
a) you have been notified that your application for membership of VMG has been successful;
b) the VMG website has been updated by us to show that you are a member of VMG; and
c) you have paid the Registration Fee required under clause 3.
2.5. You must tell VMG immediately if you are no longer eligible to remain a member of VMG under clause 2.1.
3.1. The following administration fee applies to your membership and is payable to VMG:
|Fee||Amount||When this is payable|
|Registration Fee||£150 plus VAT||This fee is payable when making an application for registration. The fee is payable for each application. You need to make one application for each HMRC number that you hold. Your registration will not complete until the payment of this amount has cleared.|
3.2. The Registration Fee is non-refundable (even if your application is not successful).
3.3. The following fees are payable to VMG on an ongoing basis:
|Fees||Percentage of every donation or event fee received on your behalf|
|Payment Processing Fee||2.5%|
3.4. Unless a donor has chosen to pay the Fees to us on your behalf, we’ll automatically deduct the Fees in clause 3.3 from amounts owed to you.
4. How we will communicate with you
4.1. We will communicate with you using the details we hold for you on your Charity Fundraising Account. If we have reason to believe that those details are not accurate, we may communicate with you in writing at your registered address.
4.2. In the event of a suspected or actual fraud or security threat, we will contact you by email, letter or telephone (unless the law prevents us from doing so).
4.3. We will only ever communicate with you in English. If you need these Charity Terms or any other documentation from VMG in a different format like braille, large print, or audio, or if you need sign language interpreter services, please call us on 03456 01 10 45*. We are open Monday to Friday 9.00 am to 5.30 pm. Calls will be charged at your service provider’s prevailing rate. Alternatively, you can email us at email@example.com.
5. Amending these Charity Terms
5.1. We can make changes to these Charity Terms (including any fees or charges) by giving you notice by email or letter before the change(s) take effect. We will give you at least two months’ notice if the change is governed by the Payment Services Regulations 2017 (as amended from time to time). Otherwise, we will give you at least one months’ notice (unless the change is to your benefit, in which case we will make the change straightaway and tell you about it as soon as practicable afterwards). You can end your membership without charge at any time during the notice period. If we do not hear from you during the notice period, we will assume that you have accepted the changes.
5.2. We can make changes to these Charity Terms in order to:
a) take account of changes in technology or the systems we use;
b) reflect a change in market conditions, or an actual or reasonably expected change in the costs of providing the VMG Services;
c) meet our legal or regulatory obligations;
d) make them clearer or more favourable to you, or to correct errors; and
e) introduce or remove services, or to reflect changes to the way in which we manage the VMG website and the VMG Services.
6. Ending your membership of VMG
6.1. You may end your membership by sending a written notice to Virgin Money Giving, Discovery House 4 Norwich Business Park Whiting Road, Norwich NR4 6EJ or by emailing firstname.lastname@example.org. If you end your membership in accordance with this clause 6.1:
a) within seven days of receipt of your written notice, VMG will stop accepting donations, event fees and cashback on your behalf and applying for Gift Aid as your agent and your public homepage will be closed; and
b) these Charity Terms will otherwise continue to apply for one month from receipt of your written notice and VMG will continue to send money due to you in accordance with these Charity Terms. In the event that VMG receives money that is intended for you after one month from the receipt of your written notice, VMG will continue to send that money to you in accordance with these Charity Terms.
6.2. VMG may end your membership by giving you at least two months’ notice by email or letter. The VMG Services will continue for two months following the notice at which point VMG will stop accepting donations, event fees and cashback on your behalf and will stop applying for Gift Aid as your agent. Following the notice period, VMG will continue to send money to you in accordance with these Charity Terms.
6.3. If the other party has committed an act of material default under these Charity Terms, we and you may end your membership with immediate effect by sending written notice to (in the case of us terminating your membership) your registered office or (in the case of you terminating your membership) to Virgin Money Giving, Discovery House 4 Norwich Business Park Whiting Road, Norwich NR4 6EJ or email@example.com. An act of material default shall be considered to have occurred if:
a) that party is wound up or becomes insolvent;
b) 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;
c) you lose your charitable status or your HMRC registration; and/or
d) VMG reasonably believes as a responsible provider of the VMG Services that it is necessary to end your membership (for example, VMG becomes aware that you have not used the money you have received for its stated purpose or appeal, or VMG reasonably suspects that you or your trustees have been involved in illegal activity).
6.4. If VMG provides notice to you under clause 6.3, VMG is not required to provide an explanation to you if doing so would compromise fraud and financial crime concerns, or an investigation by a regulator or your governing body, or otherwise breach confidentiality provisions that VMG owes to any other third party.
7. Your Charity Fundraising Account and website content
7.1. VMG will provide you with access to an online password-protected user portal accessible through the VMG website (the “Charity Fundraising Account”). Details of the systems required for accessing your Charity Fundraising Account and its functionality are available on the VMG website. If you are unable to access your Charity Fundraising Account, contact VMG’s helpdesk on 03456 01 10 45*.
7.2. You are responsible for your own internal password security control, for all use of your Charity Fundraising Account and for keeping your details on your Charity Fundraising Account accurate and up-to-date.
7.3. VMG operates the VMG website for the purposes of carrying out the VMG Services. VMG will provide you with a public webpage to allow you to promote your aims and objectives (“your public homepage”). You are responsible for ensuring that your public homepage is accurate and up-to-date.
7.4. You must not post content for display on your public homepage or any other part of the VMG website (including any links to other websites and the content of those linked websites) that:
a) violates any law or regulation;
b) is defamatory or obscene;
c) breaches the intellectual property rights of a third party; and/or
d) breaches any right of, or duty owed to, a third party.
7.5. VMG does not take responsibility for any content generated by the individual users of the VMG website (“VMG Users”) 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 22, VMG shall not be liable to you as a result of its role as the operator of the VMG website, or as an intermediary between you and VMG Users.
8. Donations and event fees
8.1. VMG will receive donations and event fees on your behalf.
8.2. The payment of the event fee establishes a direct legally binding contract between you and the person paying the event fee.
9. Gift Aid
9.1. You appoint VMG to act as your agent for the purposes of collecting Gift Aid and you authorise us to reclaim Gift Aid on your behalf. VMG is unable to reclaim Gift Aid on your behalf without your valid HMRC registration number.
9.2. Where appropriate, VMG will offer a VMG user who makes a donation to you (a "donor") 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.
9.3. VMG will apply to HMRC to reclaim Gift Aid on your behalf in compliance with HMRC’s recommended practice. You agree that VMG shall have no further liability to you in respect of such claims or sums provided that VMG complies with HMRC’s recommended practice. If any Gift Aid claim made on your behalf is subsequently challenged or not settled by HMRC after one year of the claim being submitted, VMG will refer the claim to you and you will be responsible for resolving the matter directly with HMRC and, where applicable, repaying any disputed sum directly to HMRC.
9.4. Subject to clause 2.1, if your HMRC registration number changes, you must tell us immediately. If we do not hold a valid HMRC registration number for you then we will not be able to submit Gift Aid claims to HMRC on your behalf and we will consider that you no longer hold a valid HMRC registration for the purposes of clause 6.3.
10.1. From time to time, VM may provide financial service products to its customers where such customers are able to earn cashback, which can be donated to you on a regular or ad-hoc basis during this agreement.
10.2. In the circumstances set out in clause 10.1, VMG will collect and process such cashback.
11. Making payments to you
11.1. Subject to any fees payable under clause 3, VMG will hold money that it receives on your behalf (including any Gift Aid under clause 9 and cashback under clause 10 but not including any Fees that a donor has chosen to pay to us on your behalf) on trust. Any interest that is earned on the sums in the trust account will be used by VMG to improve the services that VMG provides to its members and to help reduce its costs.
11.2. You agree for payments to be made to you on an ongoing basis during this agreement.
11.3. Subject to clauses 11.7 and 11.8, each Monday (or the next business day if that Monday is a bank holiday), VMG will arrange for the following to be transferred to you that day:
a) any donations and event fees received on your behalf before 17:00 on the preceding Friday (less any Fees payable by you under clause 3);
b) any Gift Aid that it has received on your behalf before 17:00 on the preceding Wednesday; and
c) any cashback received on your behalf before 17:00 on the preceding Friday, as long as the donor is no longer able to change their preference about where the cashback is paid.
11.4. If you do not want VMG to arrange for a payment to be made to you, you must notify us before 09:00 on the day of the intended transfer.
11.5. All payments will be sent to your nominated bank account by BACS. This means your bank will receive them by the end of the third business day after we send the payment. VMG may arrange for the payment to be sent to you by a different method providing that it does not take longer for you to receive the payment than if it was sent by BACS.
11.6. We will not make a payment of any kind to you if we are not reasonably satisfied that:
a) the transaction is legal and not related to fraudulent activities of any kind;
b) you have provided proper authorisation; and/or
c) the information that forms the basis for the payment is correct.
11.7. If a payment to your account is unsuccessful because you did not tell us that your nominated bank details changed, VMG will hold onto the money for two months and make reasonable efforts to contact you. Following this, VMG will make reasonable attempts to return the money to source. In the event that this is not possible:
a) if you are a registered charity, VMG will notify the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, and/or the Charity Commission for Northern Ireland (as appropriate) and follow their directions.
b) if you are not a registered charity, VMG will donate it to another charitable or community organisation at its full discretion.
11.8. VMG might not be able to send money that it receives on your behalf to you because of an ongoing investigation by us or an external organisation or regulator. If this happens, VMG will hold the money for a reasonable period of time to allow the investigation to conclude. Following this, VMG will either send the money to you or, if it is not able to do so for legal or regulatory reasons, we will follow the directions of the investigating regulator or Court (if relevant). If there are no directions:
a) if you are a registered charity, VMG will attempt to return the money to source or notify the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator, and/or the Charity Commission for Northern Ireland (as appropriate) and follow their directions; or
b) if you are not a registered charity, VMG will attempt to return the money to source. If that is not possible, VMG will donate it to another charitable or community organisation at its full discretion.
12. Your nominated bank account
12.1. VMG will only make payments to your nominated bank account. In order to nominate a bank account, you must provide VMG with an original bank statement for an account held by a financial institution registered in the UK showing the following details:
a) the name of the financial institution that holds the account;
b) the sort-code and account number of the account; and
c) the name and address of the person to whom the account is registered (which must include your organisation’s name).
12.2. Once you have provided these details to VMG, they will be used for all future payments to you unless you inform VMG otherwise or the payment 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 09:00 on the day of the intended date of transfer.
12.3. If you provide us with (or let us continue to use) incorrect or out-of-date information about your bank account, we will not be responsible if the payment is not made, it is delayed, or it is made incorrectly as a result of that information. If you ask us to, we will make reasonable efforts to recover the payment. If we cannot recover the payment, and following a request in writing from you, we will provide all available relevant information that we are allowed to by law to help you locate the money.
13.1. We only accept money in pounds sterling and payments to you will only be made in pounds sterling to your nominated bank account.
14. Transactional information
14.1. Information about all of the payments that we receive for you, and any Fees and payments that we make to you is available on your Charity Fundraising Account. We may email you to let you know when the information is available for you to review (unless you ask us not to). This information is available free of charge.
14.2. If we become aware of an error in the information referred to in clause 14.1, we will seek to rectify it as soon as possible.
14.3. You must read the information referred to in clause 14.1 carefully and you must tell us immediately by calling VMG on 03456 01 10 45* if you do not recognise any transaction shown on your statement.
15. Refunding donors
15.1. If a donor notifies VMG that a donation or event fee that appeared to be intended for you is an unauthorised payment or was made by mistake, you agree that if:
a) VMG has not passed the payment to you under clause 11, we can refund the donor and that no money will be due to you. We’ll also refund any Fees they’ve chosen to pay on your behalf; or
b) VMG has passed the payment to you under clause 11 and the donor has made a successful chargeback claim in relation to the payment and/or VMG is reasonably satisfied that the donor made the payment by mistake or did not authorise it, you must repay that money to VMG within 30 days of VMG asking you to do so, to enable VMG to refund the money to the donor.
15.2. If you do not repay the money to VMG after 30 days in accordance with clause 15.1(b), VMG can (acting reasonably) deduct the amount you have not repaid from future payments due to you. If you do not agree with any decision made in accordance with this clause 15.2, you may contact us using the details below, and we will arrange a meeting with you as soon as reasonably possible to seek to resolve in good faith. If you believe that after such meeting the dispute remains unresolved, you may seek to resolve in accordance with your rights under applicable law.
16. Incorrectly executed payments to you
16.1. Unless the circumstances in clause 12.3 apply, if we do not transfer donations or event fees to you correctly, we will update your transaction history in your Charity Fundraising Account so that it is as if we did not transfer the payment incorrectly. You must ask us to do this within 13 months of the date of the payment.
16.2. If a payment of donations or event fees that we make to your nominated bank account is received late by your bank and you ask us to, we will ask your bank to correct the amount of interest on your account with them and any charges so that it is as if the payment was received on the correct date. You must ask us to do this within 13 months of the date of the payment.
17. Data protection
Capitalised words in this clause which are not defined in these Charity Terms shall have the meaning set out in the EU General Data Protection Regulation and any UK national implementing laws, regulations and secondary legislation, as updated from time to time (“the Data Protection Legislation”).
17.1. VM, VMG and you will comply with all applicable requirements of the Data Protection Legislation.
17.2. Each party is a separate Controller, and except where explicitly stated otherwise at clause 17.6, sharing of Personal Data will be between the parties as separate Controllers. Clause 17.6 sets out the limited circumstances in which VMG acts as a Processor.
17.3. Where VMG acts as Processor, and either you or VM acts as a Controller, you and VM must each have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to VMG as Processor. In addition, VMG shall:
a) only process that Personal Data on the written instructions of the applicable Controller (unless otherwise required by law);
b) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data;
c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
d) not transfer any Personal Data outside of the European Economic Area;
e) assist the Controller in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation;
f) notify the Controller without undue delay on becoming aware of a Personal Data breach;
g) at the written direction of the Controller, delete all Personal Data on termination of the relationship unless required by applicable law to store the Personal Data; and
h) maintain complete and accurate records and information to demonstrate its compliance with this clause 17.
17.4. Where VMG acts as a Processor, you and VM each consent to VMG appointing a Third-Party processor of Personal Data provided that VMG has entered into a written agreement incorporating terms which are substantially similar to those set out in this clause 17. If you ask us to, VMG will provide you with a list of its Third Party processors.
17.5. Where VMG acts as a Processor, the nature and purpose of Processing, the duration of the processing, the types of personal data and categories of Data Subject are as follows:
a) Nature and Purpose of Processing: Under these Charity Terms, VMG act as VM’s agent. Therefore, you will provide certain Personal Data to VMG. VMG will then process this information on behalf of VM so that the VMG Services can be provided to you. VMG may also process this information on your behalf so that you can receive the VMG Services;
b) Duration: The Personal Data is retained for as long as you receive the VMG Services, and records will be kept in line with Data Protection Legislation;
c) Type of Personal Data: The Personal Data processed will include, but will not be limited to names of the points of contacts you tell us (identifiable from email addresses), as well as details that you provide about your trustees, directors, volunteers or employees. If you are a sole trader, VMG may also hold your residential addresses. VMG may also collect names and addresses if a complaint is made by you in relation to the VMG Services; and
d) Categories of Data Subject: Your points of contacts.
17.6. Where VMG shares Personal Data relating to fundraisers and donors with you, it does so in its capacity as Controller.
18. Licences and intellectual property
18.1. You grant VMG royalty-free, non-exclusive licence to use your trademarks, and all other materials (including associated intellectual property rights) that you provide to VMG, in connection with the VMG Services and other connected commercial or charitable activities.
18.2. VMG grants you 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 found on the VMG website and updated from time to time) 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 remain with, and remain property, of VMG.
18.3. 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.
18.4. Except for as set out in clause 6, the licences provided in this clause 18 shall terminate automatically when your membership comes to an end. However, you acknowledge and agree that VMG may not remove the content generated by a member or information displayed on the VMG website unless requested to do so by the member and, to the extent required by VMG, you will continue to grant a licence in accordance with clause 18.1.
19.1. 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:
a) where we are legally required to disclose or have a public duty to disclose;
b) where the disclosure is made with your consent;
c) where the information is already in the public domain other than as a result of us breaching our confidentiality commitments to you; and/or
d) to third parties to whom VMG are required to disclose this information in order for the VMG Services to be performed providing such third parties are subject to confidentiality provisions.
20. Suspension of the VMG Services
20.1. Subject to clause 22 and any applicable legal requirements, VMG may, without liability to you, suspend the operation of the VMG website and the associated VMG Services in full or in part at any time for any reason (including 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. VMG and VM are not liable to you for any loss you may suffer as a result of the suspension of the VMG website.
20.2. In addition, VMG reserves the right to withdraw the VMG website and the associated VMG Services from public access at any time, at its complete discretion. In the event that VMG intends to rely on this clause, it will use all reasonable endeavours to notify you in advance and to provide support.
21. Force majeure
21.1. We will not be liable to you for any breach of these Charity Terms where the circumstances giving rise to the breach 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.
22. Limitation of liability
22.1. You must ensure that any donations or event fees paid to you through the VMG website are used in accordance with any stated purpose or specific fundraising appeal. VMG is not responsible for the use or nonuse of the payments.
22.2. Nothing in these Charity Terms excludes or limits VMG’s or VM’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 Charity Terms, 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).
22.3. Subject to clause 22.1, all reasonable care will be taken by VMG, but you use the VMG website at your own risk and VMG and VM are not liable for loss or damage that you may suffer through use of the VMG website.
22.4. Nothing in these Charity Terms excludes or limits your liability for fraud, or for death or personal injury arising from your negligence or that of your employees, agents or subcontractors, or for any other liability that cannot be lawfully excluded. Except for as set out in these Charity Terms, in no event will you 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).
23. General provisions
23.1. English law applies to this agreement and any matters will be dealt with by the courts of England and Wales. If your registered address is in Scotland, Scottish law applies and any matters will be dealt with by the Scottish courts. If your registered address is in Northern Ireland, Northern Ireland law will apply and any matters will be dealt with by the Northern Irish courts.
23.2. VM, VMG and you shall comply with all applicable laws and regulations at all times, including but not limited to:
a) all laws relating to anti-bribery and anti-corruption including, but not limited to the Bribery Act 2010 (as amended from time to time);
b) all laws relating to anti-slavery and human trafficking from time to time in force including but not limited to the Modern Slavery Act 2015 (as amended from time to time); and
c) all laws relating to tax evasion including but not limited to the Criminal Finances Act 2017 (as amended from time to time).
24. Third party rights
24.1. A person who is not a party to these Charity Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Charity Terms.
25.1. We recognise sometimes things go wrong, so if you are unhappy with something please let us know so we can look into the issue. You can ask for a copy of our Complaints policy at any time.
25.2. You can contact us in the following ways:
Call us on 03456 01 10 45* or +44 3456 01 10 45 if phoning from abroad;
Write to us at Virgin Money Giving, Discovery House 4 Norwich Business Park Whiting Road, Norwich NR4 6EJ; or
Email us at firstname.lastname@example.org
25.3. If we cannot resolve your complaint to your satisfaction you may have the right to refer it to the Financial Ombudsman Service (FOS), which provides independent assessment of complaints.
Address: Financial Ombudsman Service, Exchange Tower, London E14 9SR
Phone: 0800 023 4567
* Calls to 03 numbers cost the same as calls to 01 or 2 numbers and they are included in inclusive minutes and discount schemes in the same way.