Pledgit's Terms & Conditions
A. Terms and Conditions of use for Individual Users
  1. Introduction
    1. These terms and conditions govern your use of our website, www.pledgit.net
    2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you should not use our website.
    3. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
    4. You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
    5. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
  2. Copyright notice
    1. Copyright (c) 2015 Pledgit Limited.
    2. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
  3. Licence to use website
    1. You may:
      subject to the other provisions of these terms and conditions.
      1. view pages from our website in a web browser;
      2. download pages from our website for caching in a web browser;
      3. print pages from our website;
      4. stream audio and video files from our website; and
      5. use our website services by means of a web browser,
    2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    3. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
    4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    5. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our website (including republication on another website);
      2. sell, rent or sub-license material from our website;
      3. show any material from our website in public;
      4. exploit material from our website for a commercial purpose; or
      5. redistribute material from our website.
    6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
  4. Acceptable use
    1. You must not:
      1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      5. access or otherwise interact with our website using any robot, spider or other automated means;
      6. violate the directives set out in the robots.txt file for our website; or
      7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
  5. Registration and accounts
    1. To be eligible for an individual account on our website under this Section 5, you must be at least 18 years of.
    2. You may register for an account with our website by completing and submitting the account registration ‘Sign up’ form on our website, and clicking on the verification link in the email that the website will send to you.
    3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    4. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
  6. User IDs and passwords
    1. If you register for an account with our website, you will be asked to choose a user ID and password.
    2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8; you must not use your account or user ID for or in connection with the impersonation of any person.
    3. You must keep your password confidential.
    4. You must notify us in writing immediately if you become aware of any disclosure of your password.
    5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  7. Cancellation and suspension of account
    1. We may:
      at any time in our sole discretion without notice or explanation.
      1. suspend your account;
      2. cancel your account; and/or
    2. You may cancel your account on our website using your account control panel on the website.
  8. Your content: licence
    1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
    2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
    3. You grant to us the right to sub-license the rights licensed under Section 8.2.
    4. You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. You may edit your content to the extent permitted using the editing functionality made available on our website.
    7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
  9. Your content: rules
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      1. be libellous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court, or in breach of any court order;
      8. be in breach of racial or religious hatred or discrimination legislation;
      9. be blasphemous;
      10. be in breach of official secrets legislation;
      11. be in breach of any contractual obligation owed to any person;
      12. depict violence in an explicit, graphic or gratuitous manner;
      13. be pornographic, lewd, suggestive or sexually explicit;
      14. be untrue, false, inaccurate or misleading;
      15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      16. constitute spam;
      17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
    4. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
    5. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
    6. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  10. Creating a campaign
    1. In order to create a campaign you must be at least 18 years of age.
    2. In this Section 10 the phrases ‘creating a campaign’ and ‘making a pledge’ are used interchangeably, because it is technically impossible to create a campaign without also making a pledge. The term ‘donations’ refers to financial contributions made to a campaign via Pledgit from all persons and legal entities except the creator of the campaign.
    3. In this Section 10 the phrase ‘end of the campaign’ means the date on which a campaign ends and users are unable to make donations to it, whether that occurs on the date specified as the campaign end date when the campaign was created or on an earlier date.
    4. Pledgit’s system will only allow you to create a campaign if you register as a user and provide Pledgit with contact details including your email address and telephone number. In registering, you warrant that the address and telephone details provided at the time of registration are accurate and valid contact details and that you have no reason to believe that they will not still be accurate and valid contact details at the end of your campaign.
    5. Pledgit’s system will only allow you to create a campaign if you pledge to match donations made by other users of Pledgit to your campaign at a ratio chosen by you (the ‘Multiple’) and up to a capped amount chosen by you (the ‘Cap’). In making a pledge you warrant that:
      1. You understand that the act of making a pledge is a legally binding contract with Pledgit in which you promise to pay to Pledgit an amount equal to the total of donations to your campaign multiplied by the Multiple but only up to the Cap, and that Pledgit is contractually entitled to charge that amount to the card which you submit at the time of creating the campaign without obtaining further authorisation from you.
      2. You fully intend to match other donations to your campaign at the Multiple and up to the Cap and are not making the pledge whilst in any doubt as to whether you will be willing to, or able to, fulfil the pledge;
      3. The credit/debit card submitted by you at the time of creating the campaign belongs to you or to an organisation from which you have received explicit authority to use the card for the purpose of making the pledge;
      4. You have grounds to be certain that in the period from 1-14 days after the end of the campaign Pledgit’s attempt to charge the card submitted by you an amount up to the Cap will be successful, having regard to (if you submitted a credit card) the unused credit which you reasonably expect to be on the card at that time, or having regard to (if you submitted a debit card) the funds which you reasonably expect to be in the bank account to which the card relates at that time.
      5. You will take all reasonable steps during the period from the start of the campaign to 14 days after the end of the campaign to ensure that Pledgit is able to charge the card submitted by you up to the amount of the Cap in the period from 1-14 days after the end of the campaign, and will take no steps to deliberately make it less likely that Pledgit will be able to charge the card.
      6. You will promptly notify Pledgit by email to {{ Html::mailto('pledgers@pledgit.net') }} if you have any reason to believe, after creating a campaign, that you may not be able to fulfil your pledge up to the amount of the Cap, either in part or in whole.
      7. You will promptly notify Pledgit by email to {{ Html::mailto('pledgers@pledgit.net') }} if for any reason the card submitted by you to secure your pledge becomes invalid, is lost, is stolen, or otherwise becomes less likely to be successfully chargeable by Pledgit for up to the Cap in the period from 1-14 days after the end of the campaign.
      8. you have read, understood and agree to the fees which Pledgit will deduct from the amounts donated to your campaign before remitting the balance of donations to the charity for which you created the campaign.
      9. You have read, understood and agree to the timescale in which Pledgit remits funds to charities, in particular the fact that funds are not remitted until after a campaign has ended and, in the case of donations made by SMS text, until at least 65 days after the end of the campaign.
    6. In creating a campaign, you agree that:
      1. Pledgit has no responsibility for the activities of the charities listed on its website and does not warrant that the funds raised by your campaign will be used in the manner in which you expect them to be, whether that expectation has arisen because of representations made on the campaign page or from information you have received elsewhere.
      2. Once Pledgit has remitted funds to a charity, Pledgit is not in a position to establish how they have been used and does not have any responsibility to you or to other donors to find out how they have been used.
      3. It is your responsibility to check that you are creating a campaign for the charity for which you intended to create a campaign, and if you make a mistake in choosing the wrong charity Pledgit will be legally unable to divert the funds raised to the one for which you intended to create the campaign.
      4. You authorise Pledgit to charge the card which you submitted at the time of creating the campaign an amount equal to the total of donations multiplied by the Multiple but only up to the amount of the Cap.
      5. If Pledgit is unable to charge the card submitted by you at the time you created the campaign in line with Section 10(d) you will pay Pledgit the amount owing by alternative means, and diligently communicate with Pledgit and respond to Pledgit’s communications in order to ensure that the payment takes places as quickly as possible.
      6. Pledgit is not responsible for collecting Gift Aid on the amount which you pay in fulfilment of your pledge and, whilst it undertakes to collect and pass on to charities the information which you provide about your Gift Aid eligibility and preferences, it cannot be held accountable for whether charities choose to collect the Gift Aid funds available to them.
  11. Making a donation
    1. In making a donation to a campaign created by another user of Pledgit, you warrant that you are:
      1. If making the donation by a credit or debit card, the lawful and registered owner of the credit or debt card or, where the card belongs to an organisation or business, a person lawfully authorised by that organisation or business to make the payment concerned.
      2. If making the donation by PayPal, the lawful and registered owner of the PayPal account.
      3. if making the donation by SMS text, the lawful and registered owner of the mobile phone account to which the donation will be charged.
    2. In making a donation to a campaign created by another user of Pledgit, you agree that:
      1. Pledgit has no responsibility for the activities of the charities listed on its website and does not warrant that your donation will be used in the manner in which you expect it to be, whether that expectation has arisen because of representations made on the campaign page or from information you have received elsewhere.
      2. Once Pledgit has remitted funds to a charity, Pledgit is not in a position to establish how they have been used and does not have any responsibility to you or to other donors to find out how they have been used.
      3. Pledgit will not be able to refund your donation unless it receives the permission of the charity to do so.
      4. You have read, understood and agree to the fees which Pledgit will deduct from your donation before remitting the balance to the charity which is the beneficiary of the campaign.
      5. You have read and understood and agree to the timescale in which Pledgit remits funds to charities, in particular the fact that funds are not remitted until after a campaign has ended and, in the case of donations made by SMS text, until at least 65 days after the end of the campaign.
      6. Whilst using its best efforts to ensure that the creator of the campaign to which you donate fulfils his/her/its financial pledge by matching your donation, Pledgit is not the underwriter of that pledge and is not liable for it should it fail to be paid.
      7. Pledgit is not responsible for collecting Gift Aid on your donation and, whilst it undertakes to collect and pass on to charities the information which you provide about your Gift Aid eligibility and preferences, it cannot be held accountable for whether charities choose to collect the Gift Aid funds available to them.
  12. Report abuse
    1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
    2. You can let us know by email or by using our abuse reporting form.
  13. Limited warranties
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our website;
      2. that the material on the website is up to date; or
      3. that the website or any service on the website will remain available.
    2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
  14. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
      1. are subject to Section 14.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
    3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  15. Indemnity
    1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
      1. any breach by you of any provision of these terms and conditions; or
      2. your use of our website.
  16. Breaches of these terms and conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more formal warnings;
      2. temporarily suspend your access to our website;
      3. permanently prohibit you from accessing our website;
      4. block computers using your IP address from accessing our website;
      5. contact any or all your internet service providers and request that they block your access to our website;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
      7. suspend or delete your account on our website.
    2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  17. Third party websites
    1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  18. Trade marks
    1. Pledgit’s trade marks, its logos and its other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  19. Competitions
    1. From time to time we may free prize draws and/or other promotions on our website.
    2. Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
  20. Variation
    1. We may revise these terms and conditions from time to time.
    2. The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
  21. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  22. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  23. Third party rights
    1. These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
  24. Entire agreement
    1. Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
  25. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  26. Statutory and regulatory disclosures
    1. Our VAT number is 217354909.
  27. Our details
    1. This website is owned and operated by Pledgit Limited
    2. We are registered in England and Wales under registration number 9644693 and our registered office is at Hurst House, High Street, Ripley, GU23 6AY
    3. You can contact us by writing to the business address given above, by using our website contact form, by email to {{ Html::mailto('customerservice@pledgit.net') }}.
B. Terms and Condtions of use for Charities
These terms and conditions govern use of the Pledgit website at www.pledgit.net (the ‘Website’) by charities. By applying for registration on the Website, a charity is agreeing to these terms and conditions.
  1. Term
    1. The duration of this agreement is for a minimum period of 12 months and thereafter on a rolling 12-month basis until terminated by email notice by either party to the other, in accordance with Section 21 below.
    2. The start date of the agreement is the date on which Pledgit notifies a charity by email that its application for registration has been approved.
  2. Definitions
    In these Terms and Conditions the following words have the following meanings:
    ‘Charity’ means any charity registered with The Charity Commission which has applied for registration with Pledgit via this Website.
    ‘Campaign’ means a campaign created on Pledgit in aid of a Charity.
    ‘Pledger’ means a person or an organisation which creates a Campaign and commits to match Donations to that Campaign at a stated Multiple and up to a stated Cap.
    ‘Cap’ means the maximum amount that a Pledger is obliged to contribute to a Campaign.
    ‘Multiple’ means the multiple of Donations which determines the amount which the Pledger is obliged to contribute to a Campaign, subject to the Cap.
    ‘Donor’ means a person or organisation which makes a Donation to a Campaign but who is not the Pledger.
    ‘Donation’ means a financial contribution to a Campaign from a Donor.
    ‘Matching Funds’ means the amount which the Pledger is liable to pay having regard to the total Donations on a Campaign, the Multiple and the Cap.
    ‘Payment Service Providers’ means the payment service providers which act for Pledgit from time to time in receiving and processing funds paid by Donors and Pledgers.
  3. Pledgit’s management of donations and matching funds
    Pledgit will:
    1. Put in place and maintain systems on its Website which enable Pledgers and Donors to make online donations by any or all of credit or debit card, PayPal, SMS text or any other payment method which Pledgit deems from time to time to be appropriate.
    2. Maintain a dedicated charity trust account with its bank, National Westminster Bank Plc, into which Donations and Matching Funds will be paid direct from Payment Service Providers, such money to be held by Pledgit on trust for the charities to which the donations were made.
    3. Put in places and maintain systems to ensure that the aggregate of Donations and Matching Funds, less Pledgit's fees and less payment processing charges as set out in Section 8 are:
      1. Paid into the charity trust account and held in trust for the charities to which the donations were made
      2. Remitted from the charity trust account to the respective charity's bank account according to the timescale set out in Section 9 below.
  4. Pledgit’s communication with Pledgers and Donors
    Pledgit will:
    1. Communicate as appropriate with Pledgers to ensure that the process of creating a Campaign and providing security for the pledge is as efficient and robust as possible.
    2. Promptly acknowledge Donations made to the charity by emailing the Donor to confirm receipt of the Donation;
    3. Promptly respond to Pledgers’ and Donors' enquiries regarding any aspect of the campaign creation or donation process.
  5. Pledgit’s capture and handling of personal information
    Pledgit will:
    1. Capture Pledgers’ and Donors’ personal information where available including but not limited to title, name, gender, address, telephone and email address in accordance with privacy laws applicable at the time in the United Kingdom including but not confined to the Charities Act 1992, the Charities Act 2011 and the Charitable Institutions (Fundraising) Regulations 1994.
    2. Protect and secure such information
    3. Part with such information to third parties (including charities) only in accordance with the privacy preferences which the Pledger or Donor has set via the Website, email or telephone with Pledgit, and in accordance with the assurances given to Pledgers and Donors in Pledgit’s Privacy and Cookies policy and in accordance with privacy laws applicable at the time in the United Kingdom including but not confined to the Charities Act 1992, the Charities Act 2011 and the Charitable Institutions (Fundraising) Regulations 1994.
  6. Pledgit’s provision of data to charities
    Pledgit will:
    1. Provide the Charity with access to a secure, password-protected page on the Website where it can view and download the following information:
      1. details of Campaigns in aid of the charity, including details of the Pledger’s Multiple and Cap.
      2. details of Donations made to the Charity, including the date of the Donation, the amount donated, the payment processing charge, Pledgit’s transaction fees, and the Gift Aid status of the Donation.
      3. details of payments made by Pledgit to the Charity.
    2. Pledgit’s provision of this information will be subject to privacy laws and to the privacy preferences set by the Donor or Pledger.
  7. Pledgit’s reporting of Campaign performance to Charities
    Pledgit will:
    1. Within 5 working days of the end of each Campaign, email the Charity a statement of the Campaign’s performance. This will show, inter alia:
      1. The number and total value of Donations to the Campaign, and the Matching Funds which the Pledger is liable to pay.
      2. The value of the Donations which were paid by credit or debit card, the payment processing fees thereon, Pledgit’s fees thereon, and the balance due to be remitted to the Charity.
      3. The value of Donations which were paid by SMS text, Pledgit’s fees thereon, and the balance due to be remitted to the Charity.
      4. The value of the Matching Funds which the Pledger is liable to pay, Pledgit’s fees thereon, and the balance due to be remitted to the Charity.
    2. The report in 6.1 will be emailed to the email address provided by the Charity to Pledgit for that purpose.
  8. Pledgit’s transaction fees and payment processing costs
    1. Pledgit will be entitled to deduct 2.5% from the total value of Donations and 2.5% from the Matching Funds as a transaction fee. Any VAT due on Pledgit’s fee will be included within the 2.5%. For the avoidance of doubt, the deduction which Pledgit is entitled to make is not 2.5% + VAT, but 2.5% including VAT. Any liability which Pledgit has for VAT will be met from within the 2.5%.
    2. Pledgit will be entitled to deduct the payment processing costs charged by its Payment Service Provider (currently Stripe) for processing Donations made by credit or debit card. Since these costs will vary according to volume, these Terms and Conditions do not set out the actual charges, but Pledgit warrants that the charges it deducts will be the same or less than the charges it pays to Stripe for each Donation.
    3. The amount deducted by Pledgit pursuant to Sections 7.1 and 7.2 above will be itemised within the report provided to Charities by Pledgit in Section 7 above.
  9. Pledgit’s payments to Charities
    1. Pledgit will pay the aggregate value of Donations paid by credit or debit card, less the payment processing fees thereon, less Pledgit’s fees thereon, to the charity within 7 working days of the end of the Campaign.
    2. Pledgit will pay the aggregate value of Donations paid by PayPal, less the payment processing fees thereon, less Pledgit’s fees thereon, to the Charity within 7 working days of the end of the Campaign.
    3. Pledgit will pay the aggregate value of Donations paid by SMS text, less Pledgit’s fees thereon, within 70 working days of the end of the Campaign. The reason Pledgit is unable to pay SMS text donations earlier than 70 days is because the mobile phone operators who collect such donations do not pay Pledgit until 65 days after the date of donation.
    4. Pledgit will make the payments referred to in Sections 9.2, 9.3 and 9.4 above by BACS to the account name, number and sort code recorded by the Charity on its Pledgit account page. Responsibility for ensuring that the correct details are recorded on that page rests with the Charity.
    5. The Charity has the right to request clarification from Pledgit of the amounts paid and Pledgit undertakes to provide clarifying information within a reasonable time of such requests.
    6. The Charity hereby agrees to the first-stage payment of SMS text Donations from the mobile phone operators to a third party - Fonix Mobile Ltd - which then makes forward payment to Pledgit, on the understanding that Fonix Mobile Ltd holds the payments on trusts for the Charities pending their onward transfer to Pledgit.
  10. Gift Aid
    Pledgit will:
    1. In the case of Donations made by credit or debit card or PayPal ensure that the donation form asks Donors whether they are eligible for Gift Aid in respect of the Donation and whether they wish the Charity to reclaim Gift Aid in respect of the Donation, using such form of words as are required by law to ensure that the Charity will be able to reclaim Gift Aid if the Donor’s responses allow the same.
    2. In the case of Donations made by SMS text ensure that a bounceback text is sent to the Donor pointing him/her to the URL of a web page containing the same questions about Gift Aid in the same form as set out in Section 10.1
    3. Ensure that Donor’s answers to questions about Gift Aid are recorded and stored, and made available to Charities so as to enable them to reclaim Gift Aid where appropriate.
    4. The Charity shall not provide the donor with any gift, prize or any other form of incentive in connection with the making of any donation by the donor.
  11. Editorial monitoring and Charities’ right to request changes and suspension
    1. Pledgit is an intermediary between Charities and the Pledgers and Donors who create Campaigns for them. Pledgit monitors the content of Campaigns but does not review them in detail nor does it intervene editorially in them unless the content is obviously and materially incorrect or offensive and these failings come to its attention.
    2. Charities which believe that the content of a Campaign is materially incorrect or offensive should email {{ Html::mailto('charities@pledgit.net') }} stating the name of the Campaign and the content which they believe to be incorrect/offensive. Pledgit will promptly review the content in detail and may at its sole discretion remove or suspend access to the information before informing the Charity and the Pledger what it has done.
    3. Pledgit shall not be liable to the Charity as a result of its role as intermediary.
  12. The Charity’s obligations regarding content
    Charity will:
    1.  Ensure that the content it places on Pledgit is not in violation of any law or regulation or defamatory, obscene or in breach any intellectual property rights of a third party or in breach of any right or duty owed to a third party.
    2. Ensure that the contact and account information on its Account page on Pledgit is kept up to date.
    3. Inform Pledgit promptly if its bank details change in any respect.
  13. Refunds and Chargebacks
    1. In the event that a Donor asks Pledgit to refund his or her Donation, Pledgit will email the Charity to ask if they permit the refund. The Charity will respond to Pledgit promptly to indicate whether it permits Pledgit to refund the Donation.
    2. The Charity agrees that when Pledgit issues a refund which it has authorised, Pledgit will be entitled to deduct the refund from any subsequent donations made to the same or to a different Campaign for the Charity.
    3. The Charity agrees that if any Donations made by credit or debit card are subject to a Chargeback, Pledgit will be entitled to deduct the amount of the Chargeback from any subsequent Donations made to the same or to a different Campaign for the Charity.
  14. Use of personal information
    1. If the Charity has access to any personal information of Pledgers and Donors via the Website, it will at all times:
      1. treat and process the personal information in compliance with data privacy laws.
      2. respond to and abide by the requests and instructions which the individual concerned may make regarding his or her personal information, whether those requests or instructions are made to Pledgit or direct to the Charity.
      3. in any event, refrain form selling, trading or renting the personal information to third parties.
      4. store the personal information securely.
      5. communicate with Pledgers and Donors only when they have agreed to receive communication from the Charity, and only for the purposes for which permission was given, and only to the extent that such permission has not been subsequently countermanded.
      6. not retain any personal information for longer than is necessary.
    2. To the extent legally permissible, the Charity will indemnify and hold harmless Pledgit, its successors and assigns, from and against all losses, costs and other damage caused by the Charity's breach of this Section 14.
  15. Charity’s status
    The Charity agrees that it will inform Pledgit immediately if, for any reason, it ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in the United Kingdom in accordance with applicable local laws.
  16. Charity’s licence of its Trade Mark
    1. The Charity hereby grants to Pledgit, its affiliates and its partners a nonexclusive licence to use its Trade Mark solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.
    2. The licence will terminate automatically on expiry or termination of the Charity's status as a registered charity on Pledgit.
  17. Charity’s agreement to pay Pledgit’s subscription fee
    1. In consideration of using Pledgit's services, the Charity will pay a subscription fee of £45 + VAT per year to Pledgit, the period of the subscription to run from the date on which Pledgit approves the Charity’s registration to the date 364 days later.
    2. On approval of the Charity’s registration, Pledgit will email or post an invoice to the Charity and the Charity will within 30 days of the invoice date pay the amount due by bank transfer, credit card, debit card or cheque.
    3. If payment is not received by Pledgit within 30 days of the invoice date, Pledgit will be entitled to terminate the Charity’s registration forthwith and suspend access to the Charity’s page on Pledgit.
  18. Charity’s agreement to Pledgit’s transaction fee
    1. In consideration of using Pledgit's services, the Charity will pay a transaction fee of 2.5% of the gross amount of Donations and Matching Funds made to the Charity via Pledgit.
    2. The Charity hereby authorises Pledgit to deduct the transaction fee together and payment processing charges from Donations and Matching Funds before remitting the balance to the Charity in accordance with Section 9.
  19. Intellectual Property Rights
    1. All intellectual property rights in any material (including text, videos, static images, other images, trademarks and logos) contained in this Website and associated services is either owned by Pledgit or has been licensed to Pledgit by the rights' owner(s) so that Pledgit can use this material as part of its Website and associated services.
  20. Disclaimer and liability
    1. The Charity agrees that its use of the Website is at the Charity's sole risk. Pledgit does not guarantee continuous, error or virus-free, or secure access to its Website and the services it provides may be interrupted with by factors outside of Pledgit’s control. On that basis, except as expressly set out in these Terms and Conditions, Pledgit makes no warranties in relation to the Website or services.
    2. Subject to Section 19.1, Pledgit is not liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any Pledger, Donor or other user) accessing and use of (or inability to access and use) the Website or associated services, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.
    3. Subject to the other terms of this Section 20, Pledgit’s total aggregate liability arising under or in connection with the Charity (or any Pledger, Donor or other user) accessing and using the Website and inability to access or use shall be limited to the total fees paid under these Terms and Conditions by the Charity for its use of the Website during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.
  21. Confidential Information
    During the term of the Charity's subscription and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of Pledgit's services and which is not in the public domain. Neither party shall use or disclose to any third party information belonging to the other party without that party's prior written consent, unless required to do so by applicable laws including but not limited to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. This Section shall survive termination of these Terms and Conditions.
  22. Termination
    1. In accordance with Section 1 above, notice of cancellation of a Charity’s registration with Pledgit should be received no later than the 15th day of the twelfth month of its annual subscription. Notice should be emailed to {{ Html::mailto('charities@pledgit.net') }}.
    2. In addition to the rights of each party under Section 1 and 21.1 above, each party will have the right to terminate the use (and provision) of Pledgit's services and the Website with immediate effect by notice in writing if the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party.
    3. An act of default by either party shall occur if:
      1. the party is wound up or a liquidator or examiner is appointed;
      2. an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party's assets;
      3. the party makes an arrangement or composition with its creditors generally;
      4. the party ceases or threatens to cease to carry on its business;
    4. Further to Section 21.2 above, an act of default by the Charity shall occur if the Charity ceases to carry on operating for charitable purposes, is found to be engaged in any corrupt or immoral practices, or loses (for whatever reason) its charitable status with The Charity Commission.
    5. Pledgit may terminate the Charity's access to the Website and associated services immediately in the event that the Charity breaches any of these Terms and Conditions.
    6. To the maximum extent permitted by applicable law Pledgit, in any event, reserves the right to withdraw the Website and associated services from public access at any time, at its complete discretion.
  23. Suspension of Website by Pledgit
    Pledgit may at its sole discretion and without liability to the Charity suspend the operation of the Website or any parts of the Website in full or in part at any time for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website from time to time.
  24. Notices
    Where either party is required to give notice to the other in these Terms and Conditions, notice should be made in writing either by post to the other party’s address or by email. In the case of email, notice given by the Charity to Pledgit should be sent to {{ Html::mailto('charities@pledgit.net') }}, and notice given by Pledgit to the Charity should be sent to the email address which the Charity has given in its Account page on Pledgit from time to time.
  25. Entire agreement
    These Terms and Conditions represent the entire agreement between Pledgit and the Charity and supersede any other representations made orally or in writing.
  26. Governing Law
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

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