Terms and Conditions

1.0 Welcome

1.1 Introduction

These terms and conditions apply to the Everyclick Charity Administration Panel (ea.everyclick.com) which is used to manage a charity's account on the various products and services offered by Everyclick, including Give as you Live.

We also have separate documents that cover:

If you use other products and services from Everyclick Ltd, as a charity or as a fundraiser, additional policies may apply - you should check the relevant website(s) for those additional policies.

This policy was last updated on 11th January 2018.

1.1 Formal notices

Everyclick Ltd ("we", "us" or "our") is a registered company in England & Wales (company number 5181419), with registered offices at Basepoint Business Centre, Crab Apple Way, Vale Business Park, Evesham, Worcestershire, WR11 1GP, United Kingdom.

By using our website, product or services, you are accepting our terms and conditions.

These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions when you use Everyclick products and services. The latest version of these terms and conditions will govern any future usage by you of Everyclick products and services.

2.0 About charities

2.1 Charities listed on our services

We list charitable organisations who are fully registered with either the Charity Commission for England & Wales, the Office of the Scottish Charity Regulator, or the Charity Commission for Northern Island; or who are officially recognised by HM Revenue & Customs (HMRC) as a 'good cause'. We are also able to list Community & Amateur Sports Clubs (CASCs) and Community Interest Companies (CICs). Charities are typically "pre-listed", meaning that people can raise money for them however no individual has control of the charity's account.

2.2 Use of charity data

Charity data is often made publicly available. For example, the Charity Commission for England & Wales maintains a public database of registered charities and contact details. We uses this freely available data to create our list of supportable charities and store the information on our databases.

Subject to the terms of the data provider (e.g. the Charity Commission for England & Wales), we may also contact the charity using those contact details to make them aware of any funds that have been raised for them through our services, as well as any benefits, products and services that we make available to the charity sector in order to help them raise additional funds.

We only contact people on that database or those who have expressly given us permission to do so.

3.0 About charity accounts

3.1 Charity administrator accounts

To take control of a charity's account, you can sign up as a "charity administrator".

When signing up, please be aware that some charities may have similar names, descriptions or logos - it is your responsibility to select the charity you intend to select.

A charity can have multiple administrators - existing administrators can add additional administrators via the Admin Panel. It is your responsibility to add the correct people to the account and to remove administrators should they leave the charity.

3.2 Charity Admin Panel

Access to the Admin Panel is initially restricted if bank details have not been provided. Once bank details have been provided and verified, all areas of the Admin Panel become accessible.

You may update various aspects relating to your account. Please note that many settings with affect public webpages. You must therefore not publish any content that could be deemed offensive, or content that is copyrighted (unless you have permission). We reserve the right to change or remove any content.

You also have access to various reports. Some reports contain personal information of supporters. This information may be used by you in a responsible manner. If a supporter asks for their information to no longer be used, such requests must be honoured.

3.3 The Compliance Agreement

The Charities Act 1992 requires that a Commercial Participation Agreement (CPA) be put in place when a business is involved with a charity. You can read our CPA for charities with a trading company here, or for those without a trading company here.

We request that each charity completes the CPA - you will be promoted to do this within the Admin Panel. It is your responsibility to enter the details correctly (please note that not all sections are required).

Completing the CPA, including setting the trading payment percentage, does not change the amount your charity is paid, only how it is reported.

4.0 About payments

4.1 Payment details

Within the Admin Panel, you may submit bank details for your charity. In order to receive timely payments of any funds raised for your charity, you must ensure correct bank details are held. The bank details must be for the charity concerned and not for an individual.

When submitting bank details, you must follow the requests for verification. If we cannot verify that the bank details are correct, we will be unable to pay the funds to you.

4.2 Payment methods

Payments are made by BACS, subject to our payment schedule and to any minimum payment thresholds. Direct donations and Gift Aid are paid by our payment partner, currently The Online Foundation, a non-for-profit company registered in England & Wales (company number 06911507).

Fees apply to Everyclick Donate - currently a 4.8% fee applies to the donation. This is to cover the fees involved in taking the payment and then making the payment. There is no fee on Gift Aid.

Historically, fees have applied to other payments (including Everyclick Search and Give as you Live) to cover the transactional and administration costs of making the payment. Currently, no fees are charged on these donations however we reserve the right to reintroduce such costs in future if we see fit to do so.

Where an individual payment contains donations from different products, the fees only apply to the relevant portion of the payment.

In exceptional circumstances, payments may be made via cheque.

4.3 Payment timings

Direct donations are made in the first available payment run following the donation. Other payments can only be made once we have received the funds.

For example, Gift Aid can only be paid once the funds have been received from HMRC, Give as you Live donations once we have received the funds from the retailers involved, and Cards for Causes donations once we have received the funds from our gift card partners.

Direct donations and Gift Aid are currently paid on a monthly schedule. All other funds are paid on a quarterly schedule. We reserve the right to change this schedule at our sole discretion.

4.4 De-registered charities and failed payments

Payments can only be made if we or our payment partner have the required bank details. In cases where no bank details have previously been provided or if the a payment has failed due to incorrect details, we will endeavour to contact your charity however we cannot be held responsible if you are uncontactable, decline to respond, or respond but decline to provide the required bank details.

When this happens, we will continue to hold the funds for as long as we see fit in case bank details are subsequently provided, however we reserve the right to make the donation to a different charity if we decide the bank details are not going to be forthcoming.

If your charity ceases to be listed on our services - this may be because they've ceased to exist as a register charity, or it may be at your request, then any outstanding donations will be paid to a charity of our choice.

4.5 Use of funds by charities

Each charity reserves the right to utilise the funds raised for any purpose as they see fit. We therefore make no guarantee to users about how you may use the funds they raise.

5.0 Further terms and conditions

5.1 Privacy policy

Our privacy policy outlines exactly how we handle your account information and the steps we take to ensure your privacy. We also have a cookie policy.

5.2 Trademarks

The names Everyclick™, everyclick.com, the Everyclick® logo and any other product and service names that we may present may not be used in connection with any product or service that is not Everyclick's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Everyclick.

Other trademarks, service marks or logos that appear on our services - including, but not limited to, those of our charity and retailer partners - are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both us and the trademark owner.

5.3 Copyright

All aspects of the Everyclick service are protected by copyright. All content is owned by Everyclick Ltd, our supported charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.

Everyclick, in whole or in part, is for your personal use only. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the website's content is permitted without the express prior permission of Everyclick Ltd, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to finance@everyclickltd.com.

5.4 Changes to the service

Everyclick will make every effort to ensure that its services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms & Conditions.

5.5 Indemnification

You agree to indemnify Everyclick Ltd against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or commissions, neither do we accept liability for any resulting damage or loss.

5.6 Linking from external websites

Other websites may link to our websites; however, it is not permitted for pages to be loaded into frames on other sites, or for pages to be linked to from any websites that contain material which could be construed as offensive.

5.7 Links to external websites

Everyclick links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site.

By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages.

If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.

5.8 Unauthorised use of our website

If it is found that the Everyclick service is being interfered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any donations may become voided.

To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by ourselves and/or the retailers involved, and further information on your transactions may be requested from yourself.

For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by Everyclick or other entities. Where this is the case then you will be required to update this to a suitable name.

5.9 Virus disclaimer

We take all reasonable effort to test material before making publically available. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using Everyclick or any material derived from our service.

5.10 Disclaimer

The Everyclick service and website is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of Everyclick.

Use of Everyclick is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

5.11 Termination

You may discontinue use of Everyclick at any time. These terms and conditions will continue to apply to past use by you.

5.12 Modification of agreement

We may modify any of the terms and conditions contained in this agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website.

5.13 Miscellaneous

Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.

5.14 Governing law

These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of Everyclick.

5.15 Third party rights

A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.