Customer Terms
Fundraise Tap provides its SaaS platform to facilitate the collection and management of donations for charitable causes. Fundraise Tap brings together charities with a range of acquirers and acts as an intermediary between the charities, the acquirers and the donors.
Fundraise Tap for charities offers commitment-free access and low platform fees. We support all major payment methods, including Google Pay, Apple Pay, and contactless cards, enabling effortless cashless donations when using the Fundraise Tap website and application on Android & Apple devices.
When payments are made by the general public using one of the payment methods, Fundraise Tap will charge a fee to the charity.
Fundraise Tap does not hold the donations (Payments / Transactions) in any Fundraise Tap bank accounts. The translation is processed by Stripe and Fundraise Tap provides the SaaS platform to facilitate the collection and management of donations for charitable causes.
All donations are processed directly through each charity’s own Stripe account. As part of this process, Stripe pays Fundraise Tap a service fee, which is deducted from the donation. Donors are given the option to cover the transaction fees; however, this is entirely optional.
Fundraise Tap has agreed to provide its services to the Customer and the Customer has agreed to receive those services on the Terms set out below.
Defined Terms
The definitions and rules of interpretation in this clause apply in this agreement.
Agreement: The Invoice, Quotation Form, the schedules, and these terms.
Chargeback: Charge that is returned to a payment card after a Donor successfully disputes an item.
Charity or Business: a charity that is:
• Registered with the Charity Commission (for registered charities in England and Wales)
• Registered with Companies House (for registered business in the United Kingdom)
• Registered with the Charity Commission for Northern Ireland (for registered charities in Northern Ireland)
• Registered with the Charities Regulatory Authority (for registered charities in the Republic of Ireland)
• Registered with the Scottish Charities Register (for registered charities in Scotland)
• The relevant local body that regulates charities and businesses for other countries outside of the United Kingdom.
Confidential Information: means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party’s customers and potential customers; past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development; and the terms and conditions of this Agreement. Confidential Information does not include any information that:
• Becomes generally known to the public without breach of any obligation owed to the Disclosing Party.
• Known to the Receiving Party prior to its disclosure by the Disclosing Party.
• Without breach of any obligation owed to the Disclosing Party.
• Received from a third party without breach of any obligation owed to the Disclosing Party, or
• Was independently developed by the Receiving Party. Subject to the foregoing exclusions, Donor Data will be treated as Confidential Information of Fundraise Tap under this Agreement regardless of whether or not it is designated as confidential.
Corporate: a company that is registered at the UK Companies House or the relevant corporate registration body for its country of incorporation.
Corporate Platform: The fundraising platform hosted and owned by Fundraise Tap on behalf of a Customer which is a Corporate.
Community Platform: The fundraising platform hosted and owned by Fundraise Tap on behalf of a Customer who is a Charity including the Customer’s ‘Linked Charities’ (as defined by the Charity Commission).
Custom Field: Data collection fields added by the Customer over and above the standard out-of-the box fields offered by Fundraise Tap.
Data Retention and Destruction Policy: the version of the Fundraise Tap Data Retention and Destruction Policy in force from time to time as notified to the Customer.
Donation: Sum of money paid by a Donor via the Services.
Donation Site: Donations platform which is hosted and owned by Fundraise Tap, pursuant to the Agreement to facilitate the making of online donations to a charity or charities.
Donor: Visitor who makes a Donation via the Services.
Donor Data: any information provided to Fundraise Tap by a Donor, a Fundraiser or an Event Participant.
Donor Materials: includes any content uploaded to the website by a fundraiser or donor (including but not limited to images, videos, text content needed to set up the Fundraising Page or make a Donation.)
Effective Date: Start date of this agreement.
Fee: Fee set out in the Schedules.
Fundraiser: Visitor who creates a Fundraising Page on the Fundraising Site.
Gift Aid: UK government scheme that allows charities to reclaim in relation to the donation the basic rate tax that the donor pays in the UK as a taxpayer.
Gift Aid Amount: Amount that a UK Charity is entitled to recover under Gift Aid.
Invoice: Invoice detailing the services to be received by the Customer.
Quotation Form: Form generated by Fundraise Tap by which the Customer agrees to receive the Services.
Renewal Date: Date on which this agreement automatically renews being the same date in the month or year.
SaaS: Element of the Services which comprises software as a service ‘’The website and or application’’).
Services: Services to be provided pursuant to the Agreement (as further described in the Schedules), as specified in the relevant Quotation Form and Invoice.
Software: Online software applications provided by Fundraise Tap as part of the Services.
Cybersecurity Attack: Novel attack whether widespread or targeted in nature, via cyberspace, targeting an enterprise’s use of cyberspace for the purpose of disrupting, disabling, destroying, copying or maliciously controlling a computing environment/infrastructure; or destroying the integrity of the data or stealing controlled information, that uses malware, phishing, machine learning and/or artificial intelligence or other novel software or technology that is not available at the date of this Agreement.
Subscription Fee: any subscription fee charged in respect of the Services as set out in the Quotation Form or otherwise agreed by the parties in writing.
Visitor: Visitor to a Donation Site, an Application or a Fundraising Site.
Commencement & Term: The term of this Agreement shall commence on the Effective Date and shall continue, subject to earlier termination, until terminated by either party giving notice. Such notice to take effect on a Renewal Date and in the case of a monthly engagement to be of at least 30 days.
Obligations of Fundraise Tap
Consideration of payment of the Fees, Fundraise Tap shall provide the Services in accordance with the terms of this Agreement.
Fundraise Tap shall:
• Perform the Services with reasonable care, skill and diligence; and
cooperate the customer, donor and others in matters relating to the Services.
• Reasonable care, skill and diligence will work with the current operating systems on Android and Apple to meet the latest requirements and security demands of Stripe and the terminal application.
• Supplementary Services may be provided by Fundraise Tap, in accordance with the Agreement, if agreed by the parties in the Quotation Form and Invoice and/or in writing.
Obligations Of The Customer
Customer acknowledges that the ability of Fundraise Tap to provide the Services is dependent upon the Customer’s full and timely co-operation (which the Customer agrees to provide), as well as the accuracy and completeness of any information and data provided.
Accordingly, the Customer agrees to provide Fundraise Tap with access to, and use of, all information, data and documentation reasonably required by Fundraise Tap for the performance by Fundraise Tap of its obligations under the Agreement.
We may also need access to your Stripe dashboard as a user and developer this will be used for the sole purpose of setting up the application and testing. We will run a number of tests both taking a donation and refunding a donation,
Third Party Products & Services
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, newsletters, mapping, cloud storage, payment processing and security.
The list of the third party Products and services can be supplied to the customer when requested in accordance with the relevant third party’s standard terms.
The Customer agrees that Fundraise Tap may, at any time at its discretion and without any notice to the customer, replace a third party product or service with another with similar functionality, provided that the Services continue to be delivered in accordance with the terms of this Agreement.
Subscription Fees & Other Fees
The Customer agrees to pay any Set Up Fees, Subscription Fee in advance at the intervals and on the dates agreed by the parties in writing. The Set up fee and subscription Fee is not refundable.
Fundraise Tap may increase subscription fees each year and will notify the charity contact listed for the account via email if and when price increases occur. The Customer will be informed at least 14 days before the price change becomes effective. The Customer will have the opportunity to cancel the Services before the price change takes effect.
Other Fees: The Customer agrees to pay any other Fees on the terms set out in the Schedules. Fundraise Tap reserves the right from time to time to change the Transaction Fee and/or Processing Fee as well as to introduce new fees and charges. The transaction Fees and/or processing fees are taken from the donation with the customer (charities) Stripe account. Stripe offers special pricing for charities and non-profits which can be found here.
Limitation Of Liability & Remedies
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.
Fundraise Tap shall not be liable to the Customer for:
• Damage to or loss of data.
• Loss of profit; anticipated profits; anticipated revenues; anticipated savings; goodwill or business opportunity.
• Any indirect or consequential loss or damage or
• Any direct or consequential loss or damage.
The Software is provided to the Customer on an “as is” basis without representations, warranties or conditions of any kind. Fundraise Tap 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 Software is secure, or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
Fundraise Tap does not warrant and gives no guarantee that the Software or any content provided pursuant to the Services, including any Supplementary Services or Third Party Products, will be:
• Available or uninterrupted.
• Free from errors or omissions. and/ or
• Free from bugs or viruses.
Intellectual Property Rights
All Intellectual Property Rights in the Software, the Donor Data (where Fundraise Tap is the data controller), each app and any other output of the Services, Fundraise Tap hereby grants the customer a non-exclusive, revocable licence of such Intellectual Property Rights for the purpose of using and receiving the Services for the Term.
Any Intellectual Property Rights (regardless of the form or content in which they are disclosed or stored) including any marks, trade names, patents or appropriate documents, know-how being technical or otherwise and copyright owned by the customer at the date of this Agreement, whether registered or unregistered shall remain the sole property of the customer.
The Customer shall indemnify Fundraise Tap against all costs, damages, losses and expenses arising out of any action or claim that the customer materials or donor materials infringe the Intellectual Property Rights of a third party and Fundraise Tap shall indemnify the customer against all damages, losses and expenses arising out of any action or claim that the Intellectual Property Rights in the Software and any output of the Services (excluding the Customer Materials, Donor Materials and the Domain Name) infringe the Intellectual Property Rights of a third party.
Data Protection
The Customer acknowledges that for the use of the Donation and Fundraising Products;
• Fundraise Tap will be the controller for any personal data collected when a user registers on the site and the personal data collected for the purpose of processing donations.
• Fundraise Tap will be the controller for the personal data collected in relation to technical details and support.
Fundraise Tap will be the processor and the Customer will be the controller for any personal data captured by custom fields inserted by the Customer and any personal data added by users to Fundraising Pages created using the Services.
• Fundraise Tap will not be the processor for card payments using contactless payments, For cards the processor will be Stripe.
Should Fundraise Tap acting as a controller disclose personal data about users to the Customer, the Customer shall be an independent controller of all such personal data from the point of receipt.
The following types of personal data relating to Donors, Fundraisers and Supporters of the Customer described with our privacy policy will be processed by Fundraise Tap during the term of this Agreement.
The personal data is processed by Fundraise Tap for the following purposes:
• To manage user accounts, and to respond to end user queries or comments;
• Make payments to the Customer for donations, purchases or other transactions;
• Store custom data and other fields within a cloud based dashboard for the Customer to search, manipulate and export.
• Meet its legal and regulatory obligations.
• Other purposes that the Customer and Fundraise Tap may agree from time to time in writing.
Termination: Without affecting any other right or remedy available to it, either party may terminate this agreement immediately at any time.
Variation: 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
Force Majeure: Neither party shall be in breach of this agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control (including, without limitation, Sophisticated Cybersecurity Attack). The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for one month, the party not affected may terminate this agreement.
Confidentiality: 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 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.
Notices: 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 Customer, or by a message posted to the Fundraise Tap website.
Any notice to the Customer under or in connection with this agreement, shall be given in writing by email to the main contact that the Customer has provided to Fundraise Tap.
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.
Entire Agreement: 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.
Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
Third Party rights: 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.
No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
Waiver: 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.
Rights & Remedies
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.
You may complain by writing to us or emailing us at: donations@fundraisetap.com
Severance: 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.
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.
Governing Law: 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 laws of England and Wales.
Donations (Applicable to all customers)
Definitions: The following definitions are used in this Schedule 1:
Transaction Fee: the sum of the following:
The “Platform Fee“: a percentage (%) and fixed amount (£) of the value of any Donation; and
The “Payment Provider Fee”: a percentage of the Donation, The payment provider is Stripe and you agree with Stripe the Payment Provider Fee.
The donor is given the option when they donate to cover the Transaction Fees, This is displayed on the donation screen before payment is taken. If the donor agrees to cover the transaction fees they will need to tick the box this confirms the agreement to cover the fees.
The platform Fee, this is a percentage of the donation for example 1.5% and a fixed amount for example £0.20p (Examples Fees Only)
The platform fees cover the following:
Access to the Donations and fundraising websites and applications hosting the Donations and Fundraising websites and applications;
Collection of Donations by direct debit and the acceptance of card payments both through Fundraise Tap and payment service providers that we work with.
Websites and application development and technical support for the customer and donors.
Consequences Of Termination:
The following shall apply post-termination:
Fundraise Tap may retain the Site and or application and the supporting content and data, at its discretion, for audit or other record retention purposes but shall be under no obligation to transfer it in whole or in part to the Customer or any third party;
From the termination date, the Site and or application will be disabled and new Donors will no longer be allowed to Donate to the Charity. The Customer must remove all links to the Site from its website;
Processing Donations: Donations will be processed by the Stripe payment gateway, to a Stripe account set up by the Charity.
Fundraise Tap shall not be liable to the Charity for any damage or loss the Charity may incur as a result of creation and management of authorised accounts, save to the extent directly caused by the negligence of Fundraise Tap.
Fundraise Tap and/or its payment processing provider may refuse to accept and process a Donation if it reasonably believes that:
The Donation relates to fraudulent activities of any kind or is otherwise illegal;
The Donation has not been properly authorised; and/or
Information provided in relation to a Donation is not complete and accurate.
Any donations set up as Recurring Payment Schedules are set up by Fundraise Tap and processed by the charities Stripe account. Donors should be aware that they can contact you to stop at any time. The donor may contact Fundraise Tap and we will provide them with support.
Fundraise Tap will provide each Donor with the option of paying an amount known as ‘’Cover Transaction Fees’’ this will add the fee in addition to the Donation.
The Cover Transaction Fees to be retained by Fundraise Tap via the Stripe payment processing. Covering the Transaction Fees is not part of the Donation or linked to the Customer’s payment obligations.
Bank Details: The charity does not have to supply Bank account information to Fundraise Tap. Fundraise Tap does not hold on to the charity’s donations, donations known as transactions are held and processed by Stripe and debited into your charity bank account by Stripe on the day that you normally provide a set as a Monday or Friday.
Refunds: Where a Donation has been made and then the donor requests a refund and they contact us, we will contact you with the details to process the refund in your Fundraise Tap or Stripe dashboard.
General
These Terms will be governed by and construed in accordance with the laws of the United Kingdom.