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Website Terms and Conditions
1.1 This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.charitycheckout.co.uk (our site), whether as a guest or a registered user. These terms of use apply to fundraisers, donors and general users of our site. If you are a charity, please note that there are additional terms and conditions applicable for usage of our site. Please refer to the charity terms and conditions.
1.2 Use of our site includes accessing, browsing, or registering to use our site. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.
2.1 Online Giving Ltd, a private limited company registered in England and Wales under company number 06886190 and have our registered office at Online Giving Ltd, Office 6, 155 Minories, London EC3N 1AD, UK ("OG or "We"), operates and maintains the online donations services website www.charitycheckout.co.uk and other associated services.
2.2 OG allows you to donate to, and raise funds for, the charities registered with us. Each charity has entered into a services agreement with us to allow them to use our site, and authorising us to collect your donations on its behalf, and have accepted the charity terms and conditions policy for use of our website. Information regarding each charity registered with us is available on our site www.charitycheckout.co.uk.
2.3 Other than these website terms and conditions, OG makes no agreement with any donor or general user of our site and OG does not act for or on behalf of any person other than those charities and organisations who have entered into a services agreement with us.
3.1 When you donate via www.charitycheckout.co.uk we may process your donation on behalf of your chosen charity. Prior to confirming your donation, you will be presented with a display of your proposed donation before it is processed. Please check this page thoroughly to ensure that details relating to your donation have been entered correctly. Once you have approved your donation (making the necessary corrections in case of errors), OG processes your payment and collects the donation and reclaims Gift Aid on behalf of your chosen charity (only if such charity has requested that OG process Gift Aid on its behalf), before passing your donation on to that charity each month. We, or your selected charity, may use a third party to process your donation and the relevant third party may require you to comply with additional terms and conditions for the purpose of processing your donation.
3.2 In certain circumstances your selected charity may use third party processors to collect and process your donations, in which case at no point in the donation process will OG collect your donations on behalf of the charity. Prior to making your donation (and after approving the contents of the display page relating to your donation), you may be directed to the relevant page of the third party processor to complete the necessary steps to make your donation, and you may be required to accept the terms and conditions appearing on such third party processor's page.
3.3 By submitting your payment details, you accept these terms and (i) consent to us using your payment details in accordance with our Privacy Policy, and (ii) confirm that you accept these terms of use and that you agree to comply with them. You will receive a confirmation that your transaction has been successfully processed. If you notice any incorrect information, please contact us immediately so that we are able to perform any actions necessary to refund your donation (please see Clause 5 below for details regarding requests for refund).
3.4 OG has no control over how your donations will be used by the charity you donate to. If you wish that your donations be used towards a particular purpose then it is your responsibility to contact the charity directly to ensure that this occurs to your satisfaction.
3.5 Where OG process donations on behalf of a charity, it charges a fee, as agreed with the charity. OG holds the charity's donations in a clients' account and passes those donations on every month, less the fee. The Gift Aid portion of donations is also distributed monthly and is paid directly to the charity by HMRC.
4.1 Once you have made a donation on our site, you will only be able to request a refund if you contact us on or before the 19th day of the following month. We will not charge you a fee for processing any refund if your donation was made through our site and processed by us. If your donation was processed using a third party processor and wish to request a refund, then such third party processor may apply charges to process your refund. Please see Clause 4.3 below concerning refunds by third party processors.
4.2 If you make a donation through our site that was processed by us and your donation has already been transferred to your selected charity, you may request a refund by directly contacting the charity you made the donation to. As referred to under Clause 4.1, we will not be able to refund any of your donations if your request for a refund is communicated to us after the 19th day of the following month.
4.3 If you submit to us a refund request for a donation made through a third party processor, we will pass this request on to the third party processor, who will be responsible for making any such refund. We are not responsible for making any refund of a donation processed by a third party processor. We would advise you to contact the relevant third party processor directly in the event you have any concerns regarding the processing of refunds.
5.1 When you make a donation through www.charitycheckout.co.uk the transaction is final and you cannot question or dispute it, unless you can prove unauthorised use of your payment card. If you become aware that your payment card has been used fraudulently or if it is lost or stolen, you must notify your card provider in accordance with their reporting rules.
6.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
7.1 We may update our site from time to time, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
7.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
8.1 Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
8.2 When using our site, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
9.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us at email@example.com.
10.1 We are the owner or the licensee of all intellectual property rights in our site, including but not limited to the trade marks referred to below, and in the material (including design, texts, graphics and all aspects related thereto) published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11.1 The terms of OG's Privacy Policy forms part of these terms. By agreeing to these terms you also confirm your approval of OG's use and handling of your personal information in accordance with the Privacy Policy.
12.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
13.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
13.2 To the extent permitted by law, we exclude all conditions, warranties, representations and other terms which may apply to our site or any content on it, whether express or implied.
13.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site;
if you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
13.4 If you are a consumer user (including a fundraiser or donor), please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
13.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13.7 By agreeing to our Terms of Service and/or submitting your charity's bank details to OG, you are agreeing for OG to process donations on your behalf on any website or partner website which uses OG to process payments for your charity. If you would like not to be listed on any of the websites or partner websites which use OG to process payments for your charity, you agree to notify OG by emailing details of your request to email@example.com.
14.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user (including a fundraiser or donor), this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
14.2 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any content or posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy.
15.1 We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
15.2 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of content on our site other than that set out above, please address your request to Online Giving Ltd, Office 6, 155 Minories, London EC3N 1AD, UK.
17.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
18.1 The CharityCheckout trade mark is a registered trade mark of OG.
19.1 When you donate to a charity through www.charitycheckout.co.uk and confirm that you are a UK taxpayer in accordance with the Gift Aid Scheme, we will reclaim Gift Aid on behalf of the charity if such charity has requested that OG do so.
19.2 www.charitycheckout.co.uk is not an accounting, taxation or financial advisor. You should not rely on information that is given on www.charitycheckout.co.uk to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you. You must pay an amount of Income Tax and/or Capital Gains Tax for each tax year (6 April one year to 5 April the next) that is at least equal to the amount of tax that the charity will reclaim on your gifts for that tax year. For more information about Gift Aid, click here.
20.1 We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
21.1 A person who is not a party to these terms of use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these terms of use.
22.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
23.1 If you have any concerns about material which appears on our site, please contact Online Giving Ltd, Office 6, 155 Minories, London EC3N 1AD, UK.
Thank you for visiting our site.
1.1 This acceptable use policy sets out the terms between you and us under which you may access our website www.charitycheckout.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
1.2 www.charitycheckout.co.uk is a site operated by Online Giving Ltd (we or us). We are a private limited company registered in England and Wales under company number 06886190 and we have our registered office at Online Giving Ltd, Office 6, 155 Minories, London EC3N 1AD, UK.
2.1 You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2 You also agree:
- Not to use our service to sell goods, services, event tickets or accept payment for any purpose other than a donation to charity, unless we permit you to do so.
- Not to reproduce, duplicate, copy or resell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
3.1 We will determine, in our sole and absolute discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.2 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
4.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
1.1 Online Giving provide software products and related services to charities and other eligible organisations as decided by Online Giving (together referred to as "Charities" or "Charity") under these Terms of Service (the "Terms").
1.2 The Charity wished to use Online Giving's software products and services.
1.3 Online Giving has agreed to provide and the Charity has agreed to take and pay for Online Giving's software products and services subject to the terms of this Agreement.
2.1 The following are definitions of our terminology used in these Terms:
Domain Name: the URL owned by the Charity, or purchased by Online Giving on behalf of the Charity, for the purposes of the Agreement.
Effective date: the date the Services commence as specified in the Invoice.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Invoice: the initial invoice provided by Online Giving detailing the specific Services to be received by the Charity and the total Subscription Fee due to Online Giving.
Materials: includes any content provided by the Charity to Online Giving from time to time for the purposes of the Services.
Server: a computer server administered by Online Giving.
Services: the services to be provided pursuant to the Agreement and as further described in Schedule 1, as specified in the relevant Invoice.
Software: the online software applications provided by Online Giving as part of the Services.
Subscription Fee: the fee charged in respect of the Services as set out in the Invoice.
2.2 References to "writing" or "written" include email.
2.3 References to "content" include any kind of text, information, image, or audio or video material which can be incorporated in a website for access by a visitor to that website.
2.4 References to clauses and schedules are to the clauses and schedules of this agreement; references to sections are to sections of the relevant schedule to this agreement.
2.5 Where there is any conflict or inconsistency between the provisions of the Agreement, such conflict or inconsistency shall be resolved according to the following order of priority:
- the Invoice;
- Schedule 1;
- the Terms of Service.
3.1 The term of this Agreement (the "Term") shall commence on the Effective Date and shall continue until terminated in accordance with clause 12 (Termination).
4.1 In consideration of payment of the Subscription Fee, Online Giving shall provide the Services set out in the Invoice in accordance with the terms of this Agreement.
4.2 In supplying the Services, Online Giving shall:
- perform the Services with care, skill and diligence in accordance with industry practice; and
- co-operate with the Charity in matters relating to the Services.
4.3 Our Services and Software are compatible with Microsoft® Internet Explorer 11+, Mozilla Firefox 48+, Chrome 54+, Safari 9.1.x+ and the latest mobile versions of Safari and Google Chrome. Our Services and Software may not work identically, efficiently and effectively with other browser types or may not operate.
5.1 The Charity acknowledges that the ability of Online Giving to provide the Services is dependent upon the Charity's full and timely co-operation (which the Charity agrees to provide), as well as the accuracy and completeness of any information and data provided. Accordingly, the Charity agrees to provide Online Giving with access to, and use of, all information, data and documentation reasonably required by Online Giving for the performance by Online Giving of its obligations under the Agreement.
6.1 The Services are integrated with various third party services, applications and/or software (collectively, "Third Party Products") which are necessary for certain content such as email services or newsletters. The Third Party Products shall be supplied in accordance with the relevant third party's standard terms. The licence fee for such Third Party Products is included in the Subscription Fee payable under clause 7.1.
6.2 Online Giving cannot be held responsible for subsequent changes or issues with these Third Party Products that may result in issues with the Software and/or Services and may require maintenance to resolve any problems that may arise.
6.3 The Charity agrees that Online Giving may, at any time and without any notice to the Charity, suspend, disable access to, remove or replace a Third Party Product at its sole discretion.
6.4 Notwithstanding anything to the contrary in these Terms, Online Giving reserves the right to introduce new services and update or withdraw any of the Services, at its sole discretion, and will not be liable to the Charity for exercising this discretion.
7.1 Charity will pay to Online Giving a fee as consideration for access to the Services (the "Subscription Fee"). The Charity agrees to pay the Subscription Fee in advance either monthly or annually on a designated day (the "Due Date") as agreed on an ongoing basis, with automatic renewal. The Charity agrees that if any fees are over due for one-month from the Due Date, then Online Giving may deduct the outstanding fee from any amounts to be paid or transferred to the Charity by Online Giving. Online Giving or the Charity may give notice to cancel their agreement at any time before a renewal. In accordance with clause 12 (Termination), Online Giving or the Charity may give notice to terminate the Agreement at any time before a renewal, but in the case of any Subscription Fee due or paid in advance, there shall be no refund.
7.2 Where a Charity receives Online Giving's services through a partner platform or third party supplier and no existing contract between Online Giving and the Charity is in force, clause 7.1 will only stand where an additional agreement on fees is made between Online Giving and the Charity.
7.3 All charges are exclusive of VAT.
8.1 Each of the parties warrants to the other that it has full power and authority to enter into and perform this Agreement.
8.2 Online Giving shall perform the Services with reasonable care and skill.
8.3 The Charity agrees to fully comply, and will at all times continue to, fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and anti-spam legislation.
8.4 This Agreement sets out the full extent of Online Giving's obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into this Agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
9.1 Nothing in this Agreement shall operate to exclude or limit either Party's liability for:
- death or personal injury caused by its negligence;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- fraud; or
- any other liability which cannot be excluded or limited under applicable law.
9.2 Online Giving shall not be liable to the Charity for:
- any damage to software;
- damage to or loss of data;
- loss of profit;
- anticipated profits;
- revenues;
- anticipated savings;
- goodwill or business opportunity;
- any indirect or consequential loss or damage; and
- damage or loss related to unavailability of the Services and/or Software.
9.3 The Software and the Services are provided to the Charity on an "as is" basis without representations, warranties or conditions of any kind. Online Giving disclaims all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services or the Software are secure, or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
9.4 Online Giving makes no guarantee that the Services, and or Software, or any content, including any Add-on Packages (as defined in Schedule 1) or Third Party Products, will be:
- available or uninterrupted;
- free from errors or omissions; and/ or
- secure or free from bugs or viruses.
9.5 Subject to clause 9.1, Online Giving's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed £1,000 (one thousand Great British Pounds).
10.1 All Intellectual Property Rights in the Software and any output of the Services (including any content), but excluding the Materials and the Domain Name, arising in connection with this Agreement shall be the property of Online Giving, and Online Giving hereby grants the Charity a non-exclusive, revocable licence of such Intellectual Property Rights for the purpose of the Services for the Term.
10.2 The Charity shall indemnify Online Giving against all damages, losses and expenses arising as a result of any action or claim that the Materials infringe the Intellectual Property Rights of a third party.
10.3 The indemnity in clause 10.2 is subject to the conditions that:
- the indemnified party promptly notifies the indemnifier in writing of the claim;
- the indemnified party makes no admissions or settlements without the indemnifier's prior written consent;
- the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
- the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
10.4 The indemnity in clause 10.2 may not be invoked to the extent that the action or claim arises out of the indemnifier's compliance with any designs, specifications or instructions of the indemnified party.
11.1 Online Giving and the Charity acknowledge that:
- the Charity is the data controller and Online Giving is the data processor for all Personal Data collected by Online Giving through custom fields added by or at the request of the Charity; and
- Online Giving is the data controller for all other Personal Data collected from users during initial registration and for the purposes of processing donations, processing registrations, creating fundraising pages and providing services to users.
11.2 Where Online Giving acting as a data controller shares personal data about users with the Charity, the Charity shall be an independent data controller for all such personal data from the point of receipt.
11.3 The parties shall comply with Schedule 2.
11.4 Online Giving shall comply with its Privacy Policy which is found at https://www.charitycheckout.co.uk/privacy/ and may be updated from time to time in line with best practice and legal requirements.
12.1 Termination by Online Giving. Online Giving may terminate the Agreement, with or without cause and without paying termination fees, Subscription Fees or amounts, at any time immediately upon written notice to the Charity. Online Giving will not refund any Subscription Fees applicable to the period after the termination date.
12.2 Termination by the Charity. The Charity may terminate the Agreement at any time by submitting the termination form available in the Charity administrator account and such request must be from an authorised person from the Charity. Upon termination of the Agreement by the Charity, all outstanding Subscription Fees, or other amounts, will become due immediately and must be paid to Online Giving without undue delay. Cancellation of the automatic payment method used by the Charity to pay the Subscription Fee will not amount to termination under the Agreement.
12.3 On termination of this Agreement by Online Giving under clause 12.1, all licences granted by Online Giving under this Agreement shall terminate immediately.
12.4 On expiry or termination of this Agreement, Online Giving shall promptly return, or destroy, all Materials. Upon written request of the Charity, which must be served within 14 days of termination, Online Giving will provide a copy of the personal data provided by Visitors (as defined in the Schedules), only to the extent Visitors have provided their consent to such a transfer. No other data, including but not limited to, database logs or Meta data, will be provided to the Charity.
12.5 On expiry or termination of this Agreement, all provisions of this Agreement shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
13.1 These Terms cannot be modified, varied, amended or supplemented in any way by the Charity. Online Giving reserves the right to modify, vary, amend or supplement these Terms at any time and from time to time. Online Giving will post the current version of these Terms on its website and each such change will be effective upon posting on the website or upon the date designated by Online Giving as the "effective date" (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms as so modified.
13.2 Any request to change the scope of the Services shall be discussed and agreed by the parties. Online Giving will issue a new invoice with updated Services and an updated Subscription Fee.
14.1 Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for one (1) month, the party not affected may terminate this Agreement by giving 14 days' written notice to the affected party.
15.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 15.
15.2 Each party may disclose the other party's confidential information:
- to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 15; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
16.1 Day to day communications between the Parties will be in English and will be conducted by letter, phone or email using the main contact details provided by the Charity, or by a message posted to the Online Giving website.
16.2 Any notice given to Online Giving under or in connection with these Terms shall be given in writing to:
Online Giving Ltd
Office 6, 155 Minories
United Kingdom
16.3 Any notice to the Charity under or in connection with these Terms, shall be given in writing (including email or fax) to the main contact that you have provided to us.
16.4 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
17.1 All media releases, public announcements and public disclosures by either party relating to this Agreement or its subject matter, including promotional or marketing material, shall be coordinated with the other party and approved jointly by the parties prior to release. Such approval will not be unreasonably withheld or delayed.
18.1 Neither party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
19.1 This Agreement constitutes the entire Agreement between the parties and supersedes and extinguishes all previous Agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
19.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
20.1 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
20.2 No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
21.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
22.1 Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
23.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
23.2 If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
24.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
25.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Schedule 1 Products
The following products may be provided by Online Giving to the Charity as part of the Services, as noted in the Invoice.
26.1 The following are definitions of our terminology used in this Schedule:
- Add-On Features: additional product features available to the Charity for additional Subscription Fees.
- Donation Site: the website, and fundraising page(s), hosted by Online Giving, pursuant to the Agreement, allowing Donors to make online donations to the Charity.
- Donors: Visitors who donate to the Charity ("Donations") using the Donation Site.
- Fundraisers: Visitors who create a fundraising page on the Donation Site.
- Visitor: a visitor to the Donation Site.
27.1 In consideration of payment of the Subscription Fees, Online Giving will provide the Donation Site and surrounding services to the Charity, which include:
- access to the Donation Site;
- hosting the Donation Site on its Server at no additional cost;
- collection of Donations on behalf of the Charity;
- if applicable, events and appeals;
- if applicable, processing and claiming Gift Aid on behalf of the Charity subject to section 12 of this Services Contract; and
- such other services as agreed by the Parties.
27.2 For a period of seven (7) days from the delivery of the Donation Site to the Charity, the Charity may make reasonable requests for alterations to the Donation Site in order to repair any bugs/errors (the "Alteration Period"). Following the Alteration Period the Donation Site will be deemed delivered to the Charity. For the avoidance of doubt, the Alteration Period will not apply to any future repairs or alterations to the Donation Site or other Services.
27.3 Add-on Features may be provided by Online Giving, in accordance with the Agreement, if noted in the Invoice. Current descriptions for certain Add-on Features may be found at http://www.charitycheckout.co.uk/fundraising.
27.4 Online Giving will only process online Donations. Any cheques or cash received will be returned to the sender. For a Donation to be directed to Charity by a Donor, the Donor must have selected the Charity as the recipient on the Donation Site.
27.5 Where Online Giving has received Donations on behalf of the Charity, it will hold the funds on their behalf until they are paid out in accordance with the terms of this Agreement. No interest will be paid on the sums that Online Giving holds and/or processes for The Charity. The Charity will not have any claim for payment against a Donor or any other person in respect of funds that they transfer to Online Giving for the Charity's account. The Charity's only claim in respect of such funds will be against Online Giving.
27.6 The Donation Site will remain the property of Online Giving and the Charity may not transfer the Donation Site to another service/hosting provider following termination of this Agreement.
28.1 The Charity shall be responsible for the accuracy and completeness of the Materials on the Donation Site.
28.2 Before Online Giving will be able to provide the Donation Site, the Charity must provide all the necessary banking information requested by Online Giving as part of the registration process in order to activate electronic fund transfers and pre-authorised debits.
28.3 The Charity is responsible for:
- informing Online Giving in the event it receives Donations that the Charity should reasonably know it is not entitled to receive;
- ensuring that any Donations paid to it through the Donation Site are used by the Charity in accordance with any stated purpose or specific fundraising appeal. As Online Giving does not monitor or control the activities of the Charity, it shall be the sole responsibility of the Charity to ensure that Donations received by it are used for the stated purpose or appeal and Online Giving will not be responsible for the use or non-use of any Donations; and
- ensuring any content uploaded to the Donation Site by Fundraisers, Donors or the Charity does not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) and are in compliance with our Acceptable Use Policy ("Inappropriate Content"). Online Giving reserves the right to remove content from the Donation Site where it reasonably suspects such content is Inappropriate Content. Either party shall notify the other party promptly if it becomes aware of any allegation that any content on the Donation Site may be Inappropriate Content.
29.1 Online Giving is an approved HMRC Gift Aid agent. If the Charity is based in the United Kingdom, it must be registered for Gift Aid with HMRC to benefit from the Services detailed in section 27.1(E) of this schedule and must:
- provide Online Giving with a complete HMRC form (e.g. ChV1); and
- provide a valid HMRC registration number allocated to the Charity.
29.2 Online Giving will:
- 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 Online Giving as to their respective entitlement to claim Gift Aid and Online Giving is not responsible for use of inaccurate or out of date information provided by a Donor; and
- on behalf of the Charity, apply to HMRC to reclaim Gift Aid in compliance with HMRC recommended practice. Online Giving will not apply to HMRC to register the Charity for the purpose of claiming Gift Aid. If any Gift Aid claim, or sums claimed, on behalf of the Charity are subsequently challenged or not settled by HMRC, the Charity will be responsible for resolving the matter with HMRC and, where applicable, repaying any disputed sum directly to HMRC.
29.3 Online Giving will use commercially reasonable efforts to collect, protect and secure the personal details of Donors in accordance with applicable data protection laws. Where a Donor has chosen to allow us to pass their personal data onto the Charity, we will do so and the Charity agrees to only use that data strictly for the purposes and in the manner consented to by the Donor and not disclose any personal details to any third party except with the consent of the Donor. Online Giving will not be liable in any way whatsoever for any such disclosure of personal details by the Charity in breach of this section 29.3.
29.4 The Charity shall ensure that the Donation Page is set up correctly to receive Gift Aid from Donors including, but not limited to, using appropriate language to request Gift Aid, only where the Donations are eligible for Gift Aid. The Charity shall be responsible for making any changes required by Online Giving, or HM Revenue and Customers, in order to ensure the Donation Page is compliant with this section 29.4 and any applicable law, or guidance, regarding the collection of Gift Aid.
30.1 The Charity authorises Online Giving to process and hold Donations received from Donors on the Charity's behalf. Online Giving may refuse to process and hold Donations if it is not reasonably satisfied that:
- the transaction is legal and not related to fraudulent activities of any kind;
- they have been properly authorised; or
- the information it is basing a transfer on is correct.
30.2 Donations may be processed and transferred to a Charity via four methods, including:
- for acceptance of any direct credit or debit card Donations, and Direct Debit Donations (except existing regular Donations made through GoCardless), Donations made will be processed by Online Giving's online payment gateways and transferred to you by Online Giving;
- for acceptance of any Donations made via Stripe (www.stripe.com), the registered user will need to have an account with Stripe and this account must be connected to its Charity Account;
- for continued acceptance of any existing Direct Debit Donations that were set up using GoCardless, the Charity will need to have an account with GoCardless (www.gocardless.com) and this account must be connected to its Charity Account; or
- for acceptance of any Donations via PayPal, the Charity will need to have an account with PayPal (www.paypal.com) and this account must be connected to its Charity Account.
30.3 In order to receive Donations, Online Giving may be required to create an account for the Charity with Online Giving partners, including accepting the partners' standard terms and conditions and submitting the Charity's details to the partner on its behalf. The Charity hereby authorises Online Giving to do so and Online Giving shall not be liable to the Charity for any damage or loss you may incur as a result.
30.4 Online Giving will transfer cleared Donations that it has received on a Charity's behalf to the Charity in accordance with the following schedule (as may be amended from time to time):
- credit and debit card Donations will be transferred on the twentieth day of the following month, or the nearest working day thereafter;
- Direct Debit Donations will be transferred on the twentieth day of the following month, or the nearest working day thereafter, except for Direct Debit Donations made using the Charity's own GoCardless account which will be transferred according to GoCardless' terms and conditions;
- for Donations via PayPal, the transfer schedule will be transferred to you according to PayPal's terms and conditions; and
- for Donations via Stripe, the transfer schedule will be transferred to you according to Stripe's terms and conditions.
31.1 The amount transferred to the Charity will be equal to the sums received by Online Giving on the Charity's behalf, less the charges for processing the payments as set out in section 31.2 of this Schedule 1 ("Transaction Fee"). The Charity authorises Online Giving to deduct the Transaction Fee together with such other sums as are owed to Online Giving, in accordance section 34 of this Schedule, from the amount of any Donations that Online Giving is paying out to the Charity.
31.2 The Transaction Fee is made up of two parts, calculated as follows:
- the "Platform Fee", calculated at just 5% of the gross Donation, which includes Gift Aid; and
- the "Payment Provider Fee", calculated at just 1.9% + 20p of the net Donation, which does not include Gift Aid. The Processing Fee and Payment Provider Fee may vary. If Donations are processed via Stripe, PayPal or Go Cardless the Payment Provider Fee is set by the applicable payment provider.
31.3 Online Giving may provide a Donor with the option of paying an amount directly to Online Giving (a "Tip") in addition to the Donation. The Platform Fee for a Donation will be waived on the net Donation, which does not include Gift Aid, where the Donor has been given the option of paying a Tip in respect of that Donation.
31.4 Online Giving reserves the right from time to time to change the Transaction Fee as well as to introduce new fees and charges. Online Giving will use commercially reasonable efforts to notify the Charity of any changes to its Transaction Fee or the introduction of new fees by email and will post its current Transaction Fee on its website. Changes to the Transaction Fee will be published on its website in advance of the effective date of the change and will become effective as of the date indicated as the "effective date" in such posting.
32.1 The bank account information provided by the Charity to Online Giving will be used for executing all future transfers that Online Giving makes to the Charity, unless the Charity informs Online Giving otherwise or a transfer is rejected by the recipient bank. The Charity is responsible for ensuring that Online Giving is kept informed of the correct and up-to-date details. Any changes to the details must be provided via the Charity's online account by an authorised representative of the Charity and within a sufficient period of time before a transfer is due to be made.
32.2 If the Charity, or any employee, director, agent or representative of the Charity, provides incorrect, out-of-date or fraudulent information, Online Giving will not be responsible if the payment is not made, is delayed or it is made incorrectly to a third party other than the Charity.
32.3 Transfers of Donations to the nominated bank account or payment processing account (e.g. PayPal) will be made by Online Giving through the Bankers Automated Clearing Services ("BACS"). As a consequence transfers from Online Giving should reach the Charity's recipient bank between three (3) to five (5) business days following the date of the transfer as per section 30.4 of this Schedule 1.
32.4 By providing bank account information to Online Giving the Charity agrees to Online Giving collecting payments for the Charity via any website, including third party websites that may use Online Giving to collect payments for the Charity.
33.1 If after a Donation has been transferred by Online Giving to the Charity bank account, such Donation is thereafter rejected or reversed for any or no reason, including payments made in error, credit card chargebacks, refund requests, suspected or actual fraud, in whole or in part, the Charity will be liable to refund such rejected Donation amount in full to Online Giving. The Charity authorises Online Giving to deduct any such amount and any directly related out-of-pocket expenses and reasonable administrative costs incurred by Online Giving in this context from the Charity Account. If this is not possible, you are liable for reimbursing Online Giving, and such amount shall be treated as a debt.
34.1 The Charity agrees that if the Subscription Fee is unpaid for a period of one (1) month after the Due Date, then Online Giving is authorised to debit the outstanding Subscription fees from any donations received by Online Giving on behalf of the Charity.
35.1 The following shall apply post-termination:
- Online Giving may maintain the Donation Site and the supporting content and data, at its discretion, for audit or other record retention purposes;
- the Charity will have access to the Donation Site up until the date that it has paid for, unless otherwise determined by Online Giving. Thereafter, the Charity will no longer have access to the Donation Site;
- from the termination date, the Donation Site will be disabled and Donors will no longer be allowed to Donate to the Charity. The Charity must remove all links to the Website; and
- Online Giving will ensure that any Donations and Gift Aid due to the Charity up to the point of effective termination will be passed on to the Charity in accordance with the Agreement.
1. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
2. For the purposes of this clause "data controller", "data subject", "personal data", "data processor" and "processing" shall have the meanings ascribed to them in Data Protection Legislation.
3. Online Giving processes personal data on behalf of the Charity in the way specified in Clause 11 of this Agreement and by collecting, sorting, saving, transferring, restricting and deleting in the way specified in this Agreement. In doing so, Online Giving is acting as data processor under Data Protection Legislation.
4. The following types of personal data relating to donors, fundraisers and supporters of the Charity will be processed by Online Giving during the term of this Agreement:
- registration information that may include first name, last name, address, e-mail address, phone number, postal address, social media and other fields used for end user communication and account maintenance;
- custom fields specified by the Charity through Online Giving's dashboard.
5. The personal data is processed by Online Giving for the following purposes:
- to manage user accounts, and to respond to end user queries or comments;
- make payments to the Charity for donations, purchases or other transactions;
- store custom data and other fields within a cloud based dashboard for the Charity to search, manipulate and export;
- other purposes that the Charity and Online Giving may agree from time to time in writing.
6. Online Giving agrees that in relation to any personal data processed in connection with the performance of its obligations under this Agreement, it will observe all its obligations under the Data Protection Legislation. In particular, Online Giving will:
- process personal data only on instructions from the Charity, as such instructions are given and varied from time to time by the Charity, unless it is required by the laws of any member of the European Union or by the laws of the European Union applicable to it to process personal data;
- ensure that all personnel who have access to and/or process the personal data are obliged to keep the personal data confidential;
- implement appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, access, appropriate to the harm that might result and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
- not transfer any personal data outside of the European Economic Area unless the following conditions are fulfilled:
- the data subject has enforceable rights and effective legal remedies;
- Online Giving complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred, to include providing appropriate safeguards in relation to the transfer;
- promptly refer to the Charity any requests, notices or other communication from data subjects, the Information Commissioner or any other law enforcement authority;
- provide such information to the Charity as it reasonably requires, and within the timescales specified, to allow the Charity to comply with the rights of data subjects and meet any obligations imposed by Data Protection Legislation and the Information Commissioner's Office;
- maintain complete and accurate records and information to demonstrate compliance with its obligations relating to data protection under this Agreement and allow for audits by the Charity;
- notify the Charity without undue delay on becoming aware of a personal data breach; and
- notify the Charity in advance, where possible, of any legal requirements that it is subject to which may require the disclosure of personal data.
7. On termination of this Agreement, Online Giving will return the personal data and copies thereof to the Charity.
8. The Charity authorises Online Giving to outsource or sub-contract the processing of information subject to ensuring the same data protection obligations as set out in this contract or other legal act between the Charity and Online Giving shall be imposed on that other processor by way of a contract or other legal act under Union or Member State law;
9. The clauses relating to data protection in this Agreement may be varied, but any variations must be agreed by both parties in writing, and annexed to this document.
10. In this Schedule and in Clause 11 of this Agreement, "Data Protection Legislation": means (i) unless and until the General Data Protection Regulation ((EU) 2016/679) ("GDPR") is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018.
1.1 The following are definitions of our terminology used in this Schedule 1, Part A:
- Add-on Packages: additional services as described in section 29 of this Schedule 1.
- Visitor: a visitor to the Website.
- Website Specification: the basic specification as set out at section 28 of this Schedule 1.
- Website: the website at the Domain Name, to be hosted by Online Giving pursuant to the Agreement.
2.1 In consideration of payment of the Subscription Fee, Online Giving will provide the Website to the Charity, which will include:
- access to the Website in line with the Website Specification;
- hosting the Website on its Server;
- providing reasonable support services via email; and
- such other services as agreed by the Parties.
2.2 Add-on Packages may be provided by Online Giving if noted in the Invoice.
2.3 For a period of seven (7) days from the delivery of the Website to the Charity, the Charity may make reasonable requests for alterations to the Website in order to repair any bugs/errors (the "Alteration Period"). Following the Alteration Period the Website will be deemed delivered to the Charity. For the avoidance of doubt, the Alteration Period will not apply to any future repairs or alterations to the Website or other Services.
2.4 The Domain Name is the property of the Charity and will remain so following the termination of this Agreement. For the avoidance of doubt, the Website, and the Software, will remain the property of Online Giving and the Charity may not transfer the Website to another service/hosting provider following termination.
2.5 If the Charity makes repeated requests for additional services, such as telephone Support, Online Giving will give the Charity written notice that it intends to apply an Add-on Package from the date of that notice. Such notice will enclose an updated invoice setting out the Subscription Fee which will apply. Acceptance of the notice and updated invoice shall be deemed to have taken place unless the Charity notifies Online Giving otherwise within seven (7) days of delivery.
3.1 The Website provided by Online Giving will use a standard template developed by Online Giving for the charity sector, with minor customisation for the Charity. The Website will meet the following specification:
- the Website will be in line with the standard template containing three pages including:
- the home page;
- the "about us" page; and
- the "contact us" page;
- the Charity may add an unlimited number of additional pages from within the Website admin area. Online Giving offers Optional Services which include content implementation; and
- the Website:
- will not contain any third party advertisements;
- will have 500 Mb storage;
- will include one (1) Stock image;
- will allow Visitors to search the Website; and
- will allow Visitors to sign-up for the Charity E-newsletter.
4.1 Where the Charity has elected to receive the Add-on Packages and in consideration of payment of additional Subscription Fees, Online Giving will provide the following:
4.2 Members Package
- Where the Charity has elected to receive the Member Package and in consideration of payment of additional Charges, Online Giving will provide a members' area, forum and event calendar which include:
- Members' area – a secure zone of the Website that is password protected, allowing the Charity to share information directly with members;
- Event calendar – allows the Charity to publicise events with supporters and easily share them on the Website and social media accounts;
- Forum – a professional online community that allows the Charity to build up engagement with supporters;
- Recaptcha – protects the Website from SPAM comments by asking supporters to quickly tick a box when completing forms and when writing a comment; and
- Forum Moderation – automatically prevents malicious comments being added to the comments and forum, making it easier and less time consuming to moderate supporters' engagement.
4.3 SEO Package
- Where the Charity has elected to receive the SEO Package and in consideration of payment of additional Subscription Fees, Online Giving will provide a premium SEO tool, Google analytics reports and dashboard which include:
- SEO tool – a complete SEO service that will ensure that the Website is fully optimised for search engines, making it easier for supporters to find the Charity;
- Google Analytics reports – a weekly report about Visitors to the Website, their location and what they searched for to find the Website;
- Google Analytics dashboard in site – enables the Charity to quickly see Visitor tracking information directly in a dashboard, making it easier to understand more about Visitors; and
- Google XML sitemap – a sitemap that clearly displays to Google what is on the Website, making it easier to search for the Website and improving Website ranking.
4.4 Social Package
- Where the Charity has elected to receive the Social Package and in consideration of payment of additional Subscription Fees, Online Giving will provide a blog, connected social media and social sharing which includes:
- Blog – enables the Charity to provide updates to supporters in an easy to use blog;
- Social Stream – displays posts from all of the Charity's social media accounts in one grid on the Website;
- Auto-post to social sites – automatically posts to all Charity social media accounts when the Charity writes a new blog post, saving time posting to each one individually; and
- Social share buttons – allows Visitors to share latest news to their social media accounts using share buttons placed beneath Website content.
4.5 Marketing Package
- Where the Charity has elected to receive the Marketing Package and in consideration of payment of additional Subscription Fees, Online Giving will provide Mailchimp connection, web forms and live chat which include:
- Mailchimp connection – integration of the Charity Mailchimp account with the Website, allowing the Charity to quickly subscribe Visitors to the Charity's email list;
- Forms – completely customisable forms that allow the Charity to ask Visitors information that is relevant to the Charity; and
- Live chat – allows the Charity to communicate with supporters directly on the Website.
4.6 Support Package
- Where the Charity has elected to receive the Support Package and in consideration of payment of additional Subscription Fees including a six month minimum contract, Online Giving will provide a reasonable amount of telephone support, training, content implementation and email set-up which include:
- Content implementation – The Charity will provide Online Giving with Materials for an additional fifteen (15) pages on the Website which will be created by Online Giving. These Materials must be provided by the Charity within 14 days of registering for the Support Package. If the Charity would like to add more than fifteen (15) pages to the Website, the Charity must provide Online Giving with the relevant content and Online Giving will provide a quote for the additional pages. Section 27.3 of this Schedule 1 (Alteration Period) will apply to these additional pages;
- Telephone support – a reasonable amount of telephone assistance, at the discretion of Online Giving, to help guide the Charity through any Website changes;
- Training – Online Giving will provide the Charity one (1) hour of one to one or group training on how to use the Website's features, such as, making changes and adding content; and
- Alterations – Online Giving will make content alterations on up to two (2) pages per calendar month.
5.1 The Charity shall be responsible for the accuracy and completeness of the Materials on the Website in accordance with section 31 of this Schedule 1.
5.2 The Charity must maintain the confidentiality of the Charity's Website login and password. The Charity is responsible for all use of the Website under the Charity's login and password whether or not authorised by the Charity. The Charity must notify Online Giving immediately of any unauthorised use of the Charity's login or password.
6.1 Online Giving may update the Website with Materials provided from time to time by the Charity. The Charity shall ensure that the Materials do not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) and are compliant with our Acceptable Use Policy ("Inappropriate Content").
6.2 Online Giving shall grant the Charity access to the Server in order to update information held on the Website.
6.3 Online Giving acknowledges that the Charity has no control over any content placed on the Website by Visitors and does not purport to monitor the content of the Website. Online Giving reserves the right to remove content from the Website where it reasonably suspects such content is Inappropriate Content. Either party shall notify the other party promptly if it becomes aware of any allegation that any content on the Website may be Inappropriate Content.
6.4 The Charity shall indemnify Online Giving against all damages, losses and expenses arising as a result of any action or claim that the Materials constitute Inappropriate Content.
6.5 Online Giving may include the statement "Designed by CharityCheckout" on the home page of the Website.
7.1 Following termination of the Agreement, at its discretion, Online Giving may maintain the Website and the supporting content and data, for audit or other record retention purposes.
1.1 The following are definitions of our terminology used in this Schedule 1, Part C:
- Adverts: the adverts, to be created and managed by Online Giving in line with the Advert Specification and published on Google pursuant to the Agreement.
- Advert Specification: the specification set out in section 47 of this Schedule 1.
- Grant: $10,000 per month of free digital advertising on Google.
2.1 In consideration of payment of the AdGrants Subscription Fee, in accordance with section 45 of this Schedule 1, Online Giving will provide its AdGrants Product to the Charity, which includes:
- applying for the Grant for the Charity;
- managing the advertising campaign and creating the Adverts in order to retain the Grant;
- providing reasonable support services via email; and
- such other services as agreed by the Parties.
2.2 Online Giving makes no guarantee that the Charity will be accepted for a Grant, regardless of eligibility.
3.1 The AdGrants Subscription Fee is to be agreed between Online Giving and the Charity prior to Online Giving applying for the Grant, and will vary depending on the annual revenue of the Charity. The Charity agrees to pay this fee in advance either monthly or annually on a designated day as agreed on an ongoing basis with automatic renewal.
3.2 The initial payment of the AdGrants Subscription Fee will not be taken by Online Giving until the application for the Grant is successful. The Charity will not be charged the whole, or any part of, the AdGrants Subscription Fee if the application is unsuccessful.
3.3 If the application is successful, the initial payment of the AdGrants Subscription Fee (the "Initial Payment"), whether calculated monthly or annually, will be payable by the Charity whether or not the Agreement is terminated by the Charity in accordance with clause 12 (Termination). Either party may give notice to terminate the Agreement in accordance with clause 12 (Termination) at any time following the Initial Payment. In the case of any AdGrants Subscription Fee due or paid in advance, there shall be no refund.
4.1 Certain categories of charities are not eligible for the Grant. These include:
- governmental entities and organizations;
- hospitals and medical groups; and
- education institutions including schools, childcare centers, academic institutions and universities. However, philanthropic arms of educational institutions are eligible.
4.2 There are circumstances where the Grant cannot be used. These include:
- strictly commercial advertising is prohibited. If the Charity is promoting products or services, 100% of the proceeds must go directly to supporting the program;
- adverts must not link to websites that are primarily composed of links to other websites;
- adverts may not offer financial products (such as mortgages or credit cards), nor can adverts request donations of cars, boats, or other property; and
- websites linked to by the adverts cannot display Google AdSense ads or affiliate advertising links.
4.3 The Charity may be eligible for a higher grant of $40,000 per month (a "Premium Grant"). If the Charity receives the Premium Grant, Online Giving will charge an additional £200 per month + VAT to provide the AdGrants Product.
4.4 Online Giving makes no guarantee that the Grant, or Premium Grant, will not be withdrawn, cancelled or suspended and shall not be liable for any such loss of the Grant, or Premium Grant, however caused.
5.1 The Adverts will meet the following specification:
- the Adverts will be relevant keyword targeted text adverts displayed only on Google;
- the Adverts will be subject to a maximum bid of $2 per click;
- the maximum budget will be $10,000 per month and Online Giving makes no guarantee that this maximum budget will be spent;
- the Adverts will link only to the website domain approved in the application for the Grant; and
- the Adverts will appear in positions below the ads of paying Google customers.
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text: Tuesday, June 28, 2011 APTA Provides New Links to Workforce Data Resources A recent California survey indicates that an aging health workforce is the biggest concern of hospitals in the state. Findings from "Critical Roles: California's Allied Health Workforce" and resources from other states, as well as national data sources and suggested readings, are new to APTA's Physical Therapy Workforce Data Web page. The page's reports on salary, demographics, and other physical therapy workforce information are available free to APTA members. Nonmembers can contact email@example.com for information on ordering and fees.

subset: commoncrawl


text:
From time to time my life goes into overdrive (this is the old term for warp drive) and I seem to drop a few days here and there. This week was one of those times when the list of things to do exceeded the time to do it all.
I am afraid that most of us feel that way about the tidal wave of digitized records showing up on the Internet. There are just too many to comprehend and there is not enough time to even review or evaluate the records.
As genealogists, historically I think we spent a lot of time worrying about situations where there were few, if any, records available, but hardly anytime worry about having too many records. In some cases today, there are literally too many records to comprehend, let alone examine. When I try to help someone with an Internet search, they usually go glassy-eyed and lose interest long before we have covered even a small percentage of the online records available about their particular question.
Here is a small example.
The Arizona State Historian back in the 1920s wrote a book which includes the settlement of the small towns in Arizona where my ancestors were pioneers. This is the book:
McClintock, James H. Mormon Settlement in Arizona; a Record of Peaceful Conquest of the Desert. 1921.
My son-in-law found the book for me some time ago and I have a very nice original edition of the book and found it full of information pertinent to my family. Suppose you did not know the book existed and did a Google search on "Arizona pioneer settlements"? (I use this example because I have pretty much exhausted this particular subject). The Google search brings up 1,250,000 results. One of the more interesting results is a web site from Northern Arizona University called Canyons, Cultures and Environmental Change, An Introduction to the Land Use History of the Colorado Plateau. The website has a page on The Mormon Pioneers. That page lists 22 sources but not the McClintock book. If does however list
Peterson, Charles S. Take Up Your Mission; Mormon Colonizing Along the Little Colorado River, 1870-1900. Tucson: University of Arizona Press, 1973.
Another interesting book that I also have in my collection. Now, if I kept looking at the results for the Google search on "Arizona pioneer settlements" I would eventually come across the McClintock book and the Peterson book. I would find the McClintock book online in full view digital format from the original edition in three or four (or more) locations including Google Books, Project Gutenberg and Archive.org. The Peterson book is still under copyright and is only available online in a limited search view, but could be purchased from Amazon, among other vendors for as little as $7.50. I could also find a copy at a near-by library, like the Mesa Public Library through WorldCat.org.
Here is the point. This is an example of only two books, but I could go on with references to the books, reviews of the books, copies of the books and, in the case of the McClintock book, the entire book online. The amount of information seems to be endless but really isn't. In this case, most of the real information is contained in a few published books, the rest is locked up in archives of journals, letters and other sources that are not online as yet.
Here is the first key to taming the rising tide of digitization: Patience.
There is no doubt that the amount of digitized information online will continue to increase, so we need a lot of patience. We need to realize that items may become available from multiple sources and that there may be many ways to find the same information, but at the same time, only really a small percentage of all of the information in the world is online, many genealogical records are still waiting to be accessed. We need to use the online resources we have but not give up the minute we fail to find what we are looking for online and move on to research in paper and microfilm records. We also need to keep looking. New records come online everyday and what we failed to find yesterday may be there today. All this takes patience the next key: Perseverance.


text:
|Stock Predictor is an advanced stock charting
and technical analysis software package. You may backtest stock trading strategies,
create stock trading systems, view buy and sell signals on the
charts and do a lot more. The software includes dozens of technical
indicators and over 600 combined stock trading strategies.
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|WebAllow access controls software allows only selected URLs to be
displayed in Internet Explorer. Need a kiosk type computer that
displays only one or several web pages and blocks the rest? This is a
software for that. You may specify a list of "Allowed"
URLs and block access to any other website with the help of
Read More...
|Website Block blocks access to unwanted
websites from your PC in Internet Explorer. You may block ads, banners, content inappropriate
for viewing by kids. Password protected mode ensures that you will
be the only computer user that can edit blocked websites list. It also
blocks websites by partial keyword match in URL.
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|AllowBlock is a parental filtering software for
Internet Explorer. It can selectively allow or block site contents
from view. If a website is on the allowed list, AllowBlock lets the
browser to display it; if it is on a blocked list the browser is
forwarded to the blocked info page. Additional features include
"Block file downloads" and "Allowed Only" mode
allows browsing only the allowed sites.
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| Stock Ticker Application Bar
displays scrolling stock quotes across your desktop. This
stock ticker continuously retrieves stock quotes through
the Internet and displays them as a scrolling line. The thin bar resides at the top or the bottom of your
screen and presents stock quotes of selected securities.
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|Stock Sector Monitor is a personal financial
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sector groups and track over 7000 publicly traded companies. Stock Sector
Monitor features stock quotes, price changes, volume, printable
reports, latest company news, technical charts and company financial
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language translation software. Translation Pad supports the
following language pairs: English to German, English to Spanish,
English to French, English to Portuguese, English to Italian, German
to English, French to English, German to French and vise versa.
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|News Ticker Application Bar is designed for continuous retrieval of news headlines
through the
Internet. It is simple news ticker that resides at the top or the
bottom of your screen and displays news headlines from Yahoo or MSN
in a form of a scrolling message. One click on the scrolling
news ticker headline opens up full article.
Read More...
|Advanced Stock Bar is an Internet Explorer plug-in that simplifies your stock
market research. Just enter a stock symbol, select type of
financial report that you want to see and press "Navigate" button to see desired
website. With one button click you will be redirected to the company
financial data, charts or news.
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|RebootEx is a system utility for Windows NT/2000/XP
that allows you automatically shutdown, reboot and/or relogon to your computer. The program provides
ability to reboot, shutdown, power off the PC, log off the current user, shutdown remote computer and
schedule logon after reboot.
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|Advanced File Shredder securely erases files or folders on your PC using seven pass US
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Files shredded with this software eraser cannot be restored by any data recovery
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|Web Search Bar is an Internet Explorer toolbar
that makes your internet search an easy task. It includes predefined search
URLs for major search engines: Google, Bing, Yahoo, AOL, Altavista,
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Copyright © 2000-2020, Ashkon Software LLC Privacy Policy | Refund Policy | Disclaimer


text:
The Baking Soda Gender Test (For Moms-To-Be)
Unless you're planning on spending mad cheddah to get an early 3-D sono (to see a tinky-winky or lack-there-of) before your 5-month gender sono, try this super cheap and easy baking soda test! Unlike a bunch of cheesy "sex predictor" methods I've read about online, this one is actually somewhat science-based (I'll explain in a bit). It also has a fairly high accuracy rate (during a recent online survey, 22 out of 31 gender predictions checked out via ultrasound!), and it totes worked for me!! 😀
Here's what you'll need to do:
- Put a little bit of baking soda in a disposable cup.
- Pee on it first thing in the morning (no need to go overboard—a little urine will do).
If it fizzes… baby's a BOY!
If it doesn't… baby's a GIRL!
How it works: This test gauges your pH levels. If the baking soda fizzes, it means your urine is acidic, which is common when carrying a boy!
Have you tried the baking soda gender test? Was it accurate? Are you tempted to try it for the first time? Share your thoughts! xx
About Sunny (Sunny's Profile)Longtime vegan, hardcore compassionate beauty junkie, serious cake aficionado, and lover of all things floofy and sparkly! If there's something in particular you'd like me to review, drop me a line at email@example.com. You can also find me on Facebook, Instagram, Twitter, YouTube, and Google +.
Filed in: Vegan Mommy
Comments (31)
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Done this twice yesterday evening, both times it fizzled. Im doing it again 1st thing in the morning. I have a 13 month old daughter so i hope i am having a boy❤
Question, so, I am 7 weeks pregnant and I did the urine/baking soda test and it fizzed. So does that mean I am carrying a boy? What actually happens to non-pregnant urine when combined with baking soda?
i dd ultrasound its said a girl bt the soda fizzed two time what is d gender of my child
Do you use baking power the cooking one or baking soda I tried both with baking powder it fizzed and baking soda it didnt
Hi! So what is it supposed to happen when u r having twins????
I m 7 month pregnant.and still don't know the gender.I tried it today n it fizzled.is that right for me I m really having a boy???rp plzz
So I am 16 weeks and 5 days.
I did this test this morning. And no fizzle.
I also had my friend do it who knows she is having a girl.
She also had no fizzle.
It worked for her. Hopefully it worked for me too!!!
hi m 4 months preg. wanna to know pee should b early morning n directly in the cup.bcoz i have confusion.
I think it's a little problematic to try to determine the gender of a child before they are even born (let alone assign them a gender once they are born) because gender identity is not necessarily physical and does not always correlate with the sex of the person (based on anatomy). So maybe we can try to manage our gender expectations for fetuses and children (and everyone).
Seriously? They are a specific gender when they are born, even if later in life they "decide" to have work done to change it. They are still the gender that God made them.
Tried it at 13weeks no fizzlle tried it in the evening 14 weeks fizzled tried it at 14 weeks first morning urine no fizzle idk …
It bubbled alittle then stopped so Idk.
It worked for me! I had a girl. Now expecting #2 so am about to do it again 🙂
i did the test and mine turned all foam and it did fizzle ..i guess im having a boy
Hello Frnds plz let me knw uptil which week this test is required to be done…??
Dude, someone in my office did this and it said GIRL. We shall see! But she did this bc of you!
I did this but I'm not telling what the result was yet! When we find out the gender in a few weeks, I'll come back and let you know if this worked! 🙂
Hey! Did you know the baby's gender yet?! I wanna know if it worked!
I'm going to pass this along to a friend of mine who just found out she's pregnant!


text:
Neuroshima Hex v2.25 – Neuroshima Hex is a fast paced, tactical board game where up to 4 players (human or AI) lead their troops to victory. Every player controls one of the four armies struggling for influence and survival in the world destroyed in a 30 years long war. March with the machines of Moloch, leading its army towards setting …DOWNLOAD
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Defining Dementia
In April 2012, less than a year after having been diagnosed with Early-onset dementia, Alzheimer type, American collegiate women's basketball coach Pat Summitt—the winningest coach in the history of NCAA basketball—retired. She was 59 years old at the time, and though her memory was beginning to fail her, she outwardly appeared healthy, a fact that underscored the tragedy of her condition and dementia's reputation as a silent killer. Likewise, film star Rita Hayworth was only 62 years old when she was diagnosed with Alzheimer disease, though she had exhibited symptoms for more than a decade. The public revelation of her condition helped to destigmatize the degenerative disorder, as did the news in 1994 that U.S. Pres. Ronald Reagan (then 83) had been diagnosed with the disease.
Each year 7.7 million people are diagnosed with dementia, the most common form of which is Alzheimer disease. Alzheimer disease is characterized by an impaired ability to think and remember and by changes in mood and social behaviour. It is irreversible and progressive, and while some cases are inherited, the majority are sporadic and thus have no known cause.
In fact, outside of traumatic brain injury, certain infectious diseases and metabolic disorders, nutritional deficiencies, and vascular diseases that affect the brain, such as stroke, few instances of dementia have an identifiable cause. This is particularly true of Lewy body dementia, which is characterized by the formation of alpha-synuclein protein deposits (Lewy bodies) in brain regions involved in thinking and movement and for which no causal factors have been discovered (although it appears to be related to Alzheimer and Parkinson diseases). Whereas genetic mutations were associated with certain subtypes of frontotemporal dementia, in which neuronal degeneration in the frontal and temporal lobes leads to altered personality and loss of language skills, more than half of affected individuals have no family history of dementia.
By 2012 the number of people affected by dementia had reached an all-time high, and researchers estimated that the number would continue to increase, with the 35.6 million people affected in 2010 nearly doubling to 65.7 million by 2030. The population considered to be at greatest immediate risk was the baby-boomer generation—people born between 1946 and 1964—a significant proportion of whom were expected to live well beyond age 65, at which age the chance of developing Alzheimer disease begins to double every five years.
These numbers, because of their potential impacts on health care and the economy, raised concerns globally. In 2010 alone the global economic burden of dementia was estimated at $604 billion. Two years later, with more severe economic impacts looming, the U.S. government proposed to increase national funding for dementia research. The U.K. followed suit.
Dementia Detection.
There are three stages of dementia—early (mild), middle (moderate), and late (severe). The way in which symptoms associated with these stages manifest, however, varies markedly, and there is considerable overlap between stages. The early stage, which typically is characterized by symptoms such as difficulty judging distances visually or finding the right word when speaking or writing, often is so subtle as to go unnoticed. Yet research indicated that even in this early phase, pathophysiological changes in the brain, which may be associated with the later development of Alzheimer disease, are evident. Often these changes were initiated years, or in some cases even decades, prior to clinical diagnosis.
Early pathophysiological changes of dementia are associated with the eventual formation of neuritic plaques and neurofibrillary tangles in the brain, which can be detected in relatively advanced stages of disease with diagnostic imaging techniques such as positron emission tomography (PET). Efforts to increase the sensitivity of imaging technologies enabled the detection of certain dementia-related changes earlier in disease development. The utility of imaging alone as a method for early detection, however, was limited by the inability to distinguish between these changes as they occur across the various forms of dementia, as well as across non-dementia-associated neurodegenerative disorders.
The task of catching dementia early focused increasingly on detection of biomarkers in blood and cerebrospinal fluid (CSF; biomarkers are biochemical changes indicative of and specific to a given disease). CSF biomarkers, such as the proteins beta amyloid (or amyloid beta) and tau, for example, which occur as deposits associated with neuronal plaques and tangles, were found to distinguish Alzheimer disease from other forms of dementia. The development of methods to detect these substances was aided by the realization that in persons who carry genetic mutations associated with familial (inherited) early-onset Alzheimer disease, changes in CSF biomarkers, amyloid deposition in the brain, and brain metabolism occurred decades before cognitive decline became apparent. The ability to detect these changes far in advance of symptom onset was expected to fuel the development of improved preventive and therapeutic strategies for dementia.
Keeping the Brain Agile.
An important diagnostic indicator of dementia is reduced brain volume. Reductions in the hippocampus and prefrontal cortex, for example, were discovered to be predictive for mild cognitive impairment and progression to dementia.
In general, brain size is governed by the growth and survival of neurons, processes that are central to neuroplasticity—the ability of neurons to modulate their activity and rewire their connections in response to new environmental inputs. In the first few years of life, the human brain grows rapidly, and neurons form numerous synapses (connections with other neurons). Sensory stimulation promotes the development of efficient neuronal connections, and connections that are not stimulated are pared away. Throughout development, even as established pathways become more robust, neurons continue to adapt and change when new information is learned.
Because the adult brain retains much of the plasticity of its youth, the continued ability of neurons to adapt to new information was identified as a potential mechanism by which the brain protects itself against dementia. Central to this idea was neurogenesis. When neurons adapt to new information, they grow new branches or strengthen existing ones, and scientists suspected that this could act to maintain brain volume. Notions persisted that continued learning in mid- and late life could help prevent dementia. Though this idea was popularized and leveraged by companies through so-called "brain training" products, the scientific basis for these products remained unclear.
Likewise, while research suggested that certain nutritional factors and exercise could facilitate neurogenesis and the adaptive capabilities of neural networks, thereby staving off dementia, the biological mechanisms underlying these effects were not well understood. Still, interesting associations were uncovered. For example, high caffeine (coffee) intake in persons with mild cognitive impairment had been associated with a reduced risk of progression to dementia, and an exercise regime emphasizing resistance training had been found to enhance cognitive function in senior women (ages 70–80) with self-reported memory complaints.
The relationship between physical activity and cognitive function was especially intriguing. In studies conducted on humans and animals, exercise was found to promote neurogenesis and improve cognition, particularly with regard to learning and memory formation. These cognitive activities were linked to a substance known as brain-derived neurotrophic factor (BDNF), which helped to protect neurons from degeneration in animal models of Alzheimer disease and was produced in elevated concentrations in the brains of exercising humans.
Other research suggested that exercise may maintain or improve cognition through its effects on cardiovascular health and blood circulation in the brain. In animals, exercise was found to stimulate the growth of new cells in certain regions of the brain. The growth of these cells, along with the growth of new blood vessels, increased nutrient delivery to the brain. In addition, increased production of neurotrophic substances such as BDNF, could explain the cognitive benefits of exercise.
Learn More in these related Britannica articles:
Pat Summitt
Pat Summitt, American collegiate women's basketball coach at the University of Tennessee (1974–2012) who led the squad to eight National Collegiate Athletic Association (NCAA) championships (1987, 1989, 1991, 1996–98, and 2007–08) and compiled more wins…
Rita Hayworth
Rita Hayworth, American film actress and dancer who rose to glamorous stardom in the 1940s and '50s. Hayworth was the daughter of…
Ronald Reagan
Ronald Reagan, 40th president of the United States (1981–89), noted for his conservative Republicanism, his fervent anticommunism, and his appealing personal style, characterized by a jaunty affability and folksy charm. The only…