Terms and Conditions – Fundraising Agreement

All you need to know about using our fundraising service

Yes, this is the small print – sorry. That said, we are a human company and in the event of any dispute, our first desire is to resolve all matters to the satisfaction of all parties. To that end we will endeavour not to hide behind all this “legalese”.

When IT4Kids creates a fundraising page on the website, the following Terms and Conditions will apply to your dealings with IT4Kids in relation to the relevant fundraising page and your use of the Website and associated services. These Terms and Conditions describe what IT4Kids does for you and what we kindly request of you as an organisation in return.

Here are the key points:

  • IT4Kids operates this website and provides services to facilitate fundraising from the donation of electronic devices to schools, good causes and charities featured on the website. For this service, and the support we provide, we take a small margin from the handling and resale of refurbished items, whilst accepting the commercial risk to absorb the costs for environmentally and responsibly recycling failed or obsolete devices. The funds generated are converted into a voucher to spend with IT4Kids on exciting new technology and services.
  • IT4Kids provides schools, charities and community projects with support and marketing materials that promote a fundraising event to parents, students, teachers, alumni, other stakeholders, local businesses and the community.
  • All we ask is that you assign an authorised representative who, with our support, will actively promote the fundraising event to make it a success.
  • We provide a service to remove all personal data from returned devices using government- and industry-approved software tools designed to meet requirements to erase hard-disk drives and other storage media from personal computers, laptops, tablets, mobile phones and other types of electronic devices. For added peace of mind, your data is never accessed during the process and leaves no trace of the previous user. Faulty storage media (hard drives or other media) that cannot assuredly be erased will be removed and physically destroyed.
  • In accordance with the services and processes that we follow as described on the website, donation funds will be processed after a refurbished device has been resold. We regret that IT4Kids is unable to generate funds from failed or obsolete devices, which will be subject to data removal and environmental recycling free of charge.
  • As part of the service, we track and record every device at each critical stage of the process. You can access your account at any time to view the status of your device and the amount raised, and view your certificate of data destruction.
  • Individuals, businesses and other organisations can donate their unwanted technology in compliance with our Terms of Service.
  • Individuals’ privacy is of paramount importance to us. Our Privacy Policy explains how we protect it.
  • By using our site, individuals indicate that they accept our Terms of Website Use and agree to abide by them.

That’s it. If you want the full-length version, here it is:

IT4Kids operates www.it4kids.co.uk (the “Website”) and its associated services. These Terms and Conditions govern your use of the Website and its associated services. Please read these Terms and Conditions carefully.

In these Terms and Conditions, the following meanings apply:

IT4Kids is a trading name of the Geeks 4 Good Limited, whose registered office is at Dyer House, Dyer Street, Cirencester, Gloucestershire GL7 2PP, a company registered in England & Wales (company number 09950179) and VAT number 236 7857 67. You can contact us by telephone on 0844 357 0700 or email hello@it4kids.co.uk.

“You” means an individual representing a school, charity, community project or other good cause using our website and associated services.

“Causes” include charities, certain non-charitable good causes such as schools and other listed organisations displayed on the website.

“Device” means a personal computer, laptop, tablet, mobile phone or other type of product listed on the website at the time. A device does not include a SIM or memory card, nor optical media (DVD or CD-ROM), which should not be sent to us.

“Services” means provision of this website to manage donations on behalf of the good causes and charities featured on it, and the associated processes to collect and process used electronic devices for refurbishment and reuse, including the secure removal of personal data and item tracking

IT4Kids operates www.it4kids.co.uk (the “Website”) and its associated services. This Agreement and any associated terms or conditions stated within it, govern your use of the Website and our associated services. Please read the Agreement carefully.

Your contract with us

When IT4Kids creates a fundraising page on the Website, the following Terms and Conditions will apply to your dealings with IT4Kids in relation to the relevant fundraising page and your use of the Website and associated services. These Terms and Conditions describe what IT4Kids does for you and what we kindly request of you as an organisation in return.

Our fundraising programme is intended for use by schools, charities, community projects or other organisations registered with us and resident in the United Kingdom. At our complete discretion, we may accept or reject organisations using our services.

Your contract with us will be formed when you agree for IT4Kids to create a fundraising page on our Website and provide associated services. It will incorporate these Terms and Conditions, Privacy Statement and our Terms of Website Use.

IT4Kids charges

We run a website and provide services that allow the donation of electronic devices to schools, good causes and charities featured on it. For this service, and the support we provide to them and their supporters, we take a small margin from the handling and resale of refurbished items, whilst accepting the commercial risk to absorb the costs for environmentally and responsibly recycling failed or obsolete devices. There is no charge to donors who wish to use this Website and its associated services.

Donations and bank trust account

IT4Kids will maintain a separate bank account at Barclays Bank PLC in relation to donations made to your fundraising event. This is the bank account in which monies (other than the interest accruing on such monies) are held on trust for schools and other causes and do not belong to IT4Kids.

We will operate the Website so that donors can make online donations of used technology devices or contribute by credit or debit card, or by any other payment method available on the Website, through your fundraising page.

  • IT4Kids will set up arrangements to ensure that all donations received by IT4Kids (after deduction of card or other payment method processing charges) are paid into the bank account and held on trust for your fundraising event; and
  • Provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that donors’ credit cards, debit cards and other payment types are debited and the bank account is credited in a secure manner.

Payment of funds

Funds generated are converted into a voucher to spend with IT4Kids on exciting new technology and services. You can also add any amount from your own resources to spend on goods or services from IT4Kids. You have up to 12 months from the date of issue to redeem your voucher with IT4Kids. Where applicable we will notify you before the expiry date to avoid any loss and benefit in the funds.

Where agreed at the time of the fundraising event or in exceptional circumstances, IT4Kids may agree to pay over the funds in money. In such circumstances, IT4Kids reserves the right to reduce the amount paid to cover administration and offset some of the costs of delivering the fundraising programme.

Support and donation acknowledgements

IT4Kids will send prompt email acknowledgements to donors in respect of each donation made to the school or cause’s funding page via the Website; and

Respond, either by email or telephone as appropriate, on your behalf to donors’ account enquiries received by IT4Kids, in accordance with the Contact Us page on the Website.

Personal information

IT4Kids will capture personal information including but not limited to each donor’s name, title, address and email address (“Personal Information”) at all times in accordance with the Data Protection Act 1998 and related legislation, regulatory requirements and guidance as updated and amended from time to time (“Privacy Laws”), and protect and secure such information. For the avoidance of doubt, this paragraph does not imply that IT4Kids will share such information with you and/or the School or other Cause funding page.

To the maximum extent possible under applicable law, IT4Kids will abide by the instructions of all donors in respect of their Personal Information.

IT4Kids will not sell, trade or rent Personal Information to third parties.

Compliance

IT4Kids will comply at all times with all applicable laws relevant to fundraising and any authority, licence, permit or registration requirements, as amended from time to time; and

IT4Kids may, at its sole discretion, evaluate your funding page and/or the underlying project or cause prior to publication of your funding page and decide whether or not to publish it on the Website.

Your obligations

You agree to ensure that any organisation whose fundraising page for which you are responsible agrees to you raising funding on its behalf for the purposes set out on your fundraising page.

If your use of the Website and/or associated services results in access to any Personal Information you shall: (i) at all times assist with the responsibilities of IT4Kids, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws; (ii) not do, or cause or permit to be done, anything which may result in a breach by IT4Kids of the Privacy Laws, and comply with all reasonable instructions from IT4Kids relating to the processing by you and/or the IT4Kids fundraising page of such Personal Information; (iii) comply with the Privacy Laws in respect of your and/or the IT4Kids fundraising page’s collection, use, disclosure or processing of the Personal Information; (iv) abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information; (v) not sell, trade or rent Personal Information to third parties; (vi) hold the Personal Information securely and not disclose it to anyone other than IT4Kids, as agreed to by the data subject and/or as permitted by Privacy Laws; (vii) implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by IT4Kids’ reasonable requirements to ensure the security of the Personal Information as notified to you from time to time; (viii) use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on the IT4Kids Website; (ix) only communicate with donors where they have agreed to receive further communications from you and/or the IT4Kids fundraising page, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only); (x) not retain any Personal Information for longer than is necessary; and (xi) to the extent legally permissible, you shall indemnify and hold harmless IT4Kids, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the IT4Kids fundraising page’s breach of this paragraph; and

You shall maintain any necessary authority, permit, licence, consent, approval and registration for you to fundraise (and, where applicable, for IT4Kids to fundraise on your behalf) in accordance with applicable laws and if IT4Kids needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the fundraising page then you will, at no cost to IT4Kids, provide all such assistance as IT4Kids reasonably requires to assist IT4Kids with the same. You agree that you shall inform IT4Kids immediately if, for any reason, you and/or the IT4Kids fundraising page cease(s) to maintain the necessary authority, permit, licence, consent, approval and/or registration to operate the fundraising activities in relation to the IT4Kids fundraising page in accordance with applicable local laws.

By using an IT4Kids fundraising page you represent, warrant and undertake to IT4Kids and the users of the Website that:

  • you are 18 years of age or over;
  • you are a UK resident;
  • each time you use the Website or associated services, and in particular when you use an IT4Kids fundraising page, you will comply with the IT4Kids guidelines that apply to IT4Kids fundraising pages at that time;
  • you will provide feedback via your IT4Kids fundraising page on the Website at the end of the fundraising period to explain what outcome has been or will be achieved as a result; and
  • all donations provided to the IT4Kids fundraising page will be used for the purposes set out on your IT4Kids fundraising page. You further represent, warrant and undertake that no fraudulent, criminal or otherwise improper uses will be made of donations made via your IT4Kids fundraising page.

Gift Aid and tax

IT4Kids will provide records of completed Gift Aid declarations from each fundraising event. You are responsible for claiming Gift Aid from HMRC using the completed declaration details that we provide to you.

To claim Gift Aid, you must be recognised by HM Revenue & Customs (HMRC) as a charity or CASC, and donors must make a Gift Aid declaration.

Gift Aid can be claimed on donations of money made by an individual UK income taxpayer allowing you to claim back 25p every time an individual donates £1.

There are rules on which donations you can claim Gift Aid on.

You can claim Gift Aid online, and you should get your payment within five weeks from HMRC.

For more information about Gift Aid, visit:

https://www.gov.uk/donating-to-charity/overview

https://www.gov.uk/guidance/gift-aid-what-donations-charities-and-cascs-can-claim-on#donations-to-schools.

Licence of trademark and copyrighted material

You hereby grant to IT4Kids, its affiliates and its partners a non-exclusive licence to use any of your fundraising page’s trademarks and any copyrighted material supplied and displayed on your fundraising page solely in connection with the Website and associated services and its operation and promotion and for no other purpose whatsoever.

We grant the use of IT4Kids and it4kids.co.uk, the IT4Kids logo and any other material that we may supply or present on the Website or as part of its associated services from time to time to be used in connection with a fundraising event. You may not use our name or logo or any material in any manner that is likely to cause confusion, or that in any way might disparage or discredit IT4Kids.

The licence shall terminate automatically on expiry or termination of these terms and conditions or the removal of your fundraising page from the Website in accordance with these Terms and Conditions.

Confidential information

During the term of your project 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 the Website and associated services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party’s prior written consent, except where required to do so by applicable law, including, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, or regulatory or governmental body. This paragraph shall survive termination of these Terms and Conditions.

Changes to the service

IT4Kids will make every effort to ensure that the Website and other 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 and Conditions.

Failure to comply with these Terms and Conditions

In the event that you commit a breach of these Terms of Service, IT4Kids reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.

Termination

IT4Kids reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services, including (for example) by removing your fundraising page from the Website. IT4Kids will only exercise this right where there is a breach or suspected breach by you of these Terms and Conditions (including where there is any actual or suspected fraudulent, criminal or improper use of the Website or associated services) or where IT4Kids has any other legitimate reason to do so. These Terms and Conditions shall terminate automatically upon the removal by you or IT4Kids of your fundraising page from the Website. These Terms and Conditions will continue to apply to past use by you.

Upon termination or suspension or denial of access to the Website and associated services, funds already received on your behalf by IT4Kids will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where IT4Kids conducts an investigation regarding your use of the Website and associated services, and IT4Kids may decide to refuse to pay funds to you where you have breached these Terms and Conditions or your fundraising page has been removed. In such circumstances, IT4Kids may authorise a refund of donations to donors.

Disclaimer and limitation of liability

IT4Kids does not, and nothing in these Terms and Conditions shall act to, exclude or limit IT4Kids’ liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the Website and its associated services is at your sole risk. IT4Kids does not guarantee continuous uninterrupted or secure access to its services, and operation of the Website and associated services may be interfered with by numerous factors outside of IT4Kids’ control. On that basis, except as expressly set out in these Terms and Conditions and except for the rights, guarantees and remedies which cannot be excluded, IT4Kids does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. IT4Kids shall undertake general maintenance and upkeep of the Website, from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

IT4Kids shall only be liable under these Terms and Conditions for losses which are reasonably foreseeable and caused by IT4Kids’ breach of these Terms and Conditions or IT4Kids’ negligence. IT4Kids’ total liability to you arising under or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12-month period, ending on the date the circumstances giving rise to IT4Kids’ liability arose.

Any liability IT4Kids may have to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, 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, loss of or waste of management or other staff time.

IT4Kids may change the format and content of the Website and its associated services from time to time.

Nothing in these Terms and Conditions excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.

Events outside of our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.

Governing law

These Terms and Conditions and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by English law and subject to the jurisdiction of the courts of England and Wales.

Third-party rights

A person who is not a party to these Terms of Service has no right to enforce any term of these Terms and Conditions.

Entire agreement

These Terms and Conditions, together with our Terms of Website Use, Terms of Service and Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our services or accessing our website.