Terms of Service
Visufund is a Limited Company registered in England and Wales (company registration number 10141346). Our registered office is at 20-22 Wenlock Road, London, England, N1 7GU. Visufund is an online (website) visual fundraising tool to enable the collection of donations for UK registered charities.
This is a legal agreement between Visufund ("the company","the website", "the platform" "us", "we", "our") and the following entities or persons ("user","you","your") using our services:
- Charity: A registered user from a UK registered charity with a Visufund charity type account
- Individual: A registered user with a Visufund individual type account
- Guest: An unregistered user using the platform to make a donation
A registered user is defined as a person who has signed up and has a login account with us. An unregistered user is defined as someone who does not have an account or is not logged in to the website.
By accepting these terms of service ("agreement") on creation of an account or making a donation through the website, it is understood that you agree to the below terms and conditions.
Making a donation
a. General: Any registered user or guest ("you","your") may use the platform to make a donation to your chosen beneficiary. The beneficiary is defined as the charity that receives the money from a donation. A guest is not required to create an account on the platform to complete the donation process, but a guest does have the option to create an individual account at the checkout stage. It is important to identify the type of page and its beneficiary before you make a donation:
- Charity Page: Created by a charity, of which the charity is the beneficiary
- Individual Page: Created by an individual, of which a charity is the beneficiary
- Charity Profile Page: Created by the platform for every charity account, of which a charity is the beneficiary.
To identify the type of page you are donating to (excluding a charity profile page), you can use the "About page" section to view these details. The information displayed describes who the page was "Created by" and the who is the "Beneficiary". You can also find out details in the "About page" section explaining how your donation will benefit the beneficiary. If you require more information on a charity beneficiary, you should contact the charity directly using the contact details shown. It is your responsibility, as the donor, to ensure you are comfortable with the intended purpose of your funds, and if you have any doubts, you should not donate.
b. Personal Message: For some types of donation, you may be given the option to create a personal message. Any message left with a donation is publicly readable/accessible on the website. Any message deemed offensive or inappropriate may be removed or modified by the platform or the charity (charity pages only). It is recommended not to enter any personal information except your name when composing your message. If you require your message to be modified or removed after your donation, you may contact us or the charity (charity pages only) to do this.
c. Donation Amount: For some types of donation, a minimum or suggested donation amount is stated on the form. A minimum amount requires you to enter a value equal to or greater than the stated amount. A suggested amount requires you to enter a value of 0 (zero / no donation), 2 or more.
d. E-card: If you wish to send an e-card, you are required to supply the email address and first name of the recipient. The recipients personal details are kept private and are only used to send the e-card. The e-card recipient will be informed of your name, email address and a link to your personal message.
e. Data: When making a donation on the platform, you are requested to supply personal information at the checkout stage. Some of this data is classified as PII (personal identifiable information) which includes: FULL NAME, HOME ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS. The list below describes how this data is used:
- Charity Page / Charity Profile Page: All PII is shared with the charity
- Individual Page: All PII is shared with the charity beneficiary. Full name only is shared with the individual page owner/creator
Any personal information submitted through the website is securely stored on our systems. If you have donated previously, we may use your email address to recall your previous marketing preferences when you donate again. You may request from us the details that we hold or request the deletion of your data.
f. Communication Opt-in: For charity and individual pages (charity beneficiary), communication opt-in preferences may be asked on the checkout form. The definition of these preferences are defined by the charity for you to opt-in to the charity's marketing or communication. The charity is bound by this agreement to honour your communication preferences and never to share or sell your data with any third party that was acquired through us. If you have donated to a charity on the platform previously, we may provide a feature to recall your previous communication preferences, based on the email address you supply.
We may also ask if you wish to opt-in to our marketing communications. We will only ever use your email address to send you useful information about our services that you have requested. By default, all communication preferences are set to "No" (not ticked). You have the right to unsubscribe from our emails at any time.
g. Gift Aid: When donating to a charity or individual page, you may be given the option of adding Gift Aid to your donation. By consenting to this option, you are agreeing to the Gift Aid statement shown on the form and authorising the beneficiary to claim Gift Aid on your donation. You must supply accurate personal details (such as home address) for this claim to be successful. If you have any doubts about your entitlement for Gift Aid you should consult your own advisers or HMRC about any accounting, taxation or financial consequences of making a donation that may affect you. Further information on Gift Aid can be found at http://www.hmrc.gov.uk/individuals/giving/gift-aid.htm.
h. Payment: At the final stage of checkout, you will be prompted to enter your credit/debit card details to make your payment. This facility is supplied by our trusted PCI Level 1 service provider, Stripe, and you are legally bound by their terms of service when making a payment. We do not store your card details on the platform on completion of a payment. You are given the option of remembering your card ("remember me") for faster checkout next time. This facility is securely provided by Stripe and is not in anyway linked to the platform.
i. Fees: No fees are charged directly to you when making a donation. You should check with your card provider before committing, if charges are incurred for a payment, particularly if you are paying with a non sterling card. The payment processor (Stripe) takes a payment fee and we take a service fee of 5% on your donation which is agreed and approved by the beneficiary. The beneficiary receives your total donation, less these fees.
j. Refunds: Unless a serious error has been made in the process of donating, refunds cannot be processed for any donation. If you need to request a refund, you must contact the beneficiary directly.
a. General: Sign-up ("register", "registration") is free and permitted by any person. Registration allows you to view and test any of the platform's features, with no obligation to publish a fundraising page or incur any costs. When registering for an account you must select the type of account you require:
- Individual: This option must be selected if you are not an official representative of a UK registered charity, and intend to use the platform for making donations or to create fundraising pages to benefit a charity.
- Charity: This option must be selected if you officially represent and authorised by a UK registered charity, and intend to use the platform to create fundraising pages for the benefit of your charity and allow individuals to fundraise for you through the platform.
b. Requirements: Depending on the type of account you are creating, you are required to complete all the fields on the presented form. Failure to provide correct or accurate information on registration may result in suspension or deletion of your account. Before submitting the registration form, it is understood that you have read and agreed to these terms of service. You should not proceed to register if you do not agree to these terms or you do not understand anything stated within them.
Receiving Funds as a Beneficiary
a. General: To process and receive any donations made through the platform, you (the beneficiary) are required to have Stripe Account which is connected to the platform. This service provides the facility to accept card payments from a donor, securely hold your funds in your own private account and automatically transfer your funds to your nominated bank account.
b. Stripe: Payment processing services for you on the platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a beneficiary on the platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the platform enabling payment processing services through Stripe, you agree to provide the platform accurate and complete information about you and your charity (where applicable), and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe. Your Stripe account does not belong to us and is only connected to the platform. We do not have full access to your Stripe account and we cannot support you with any issues relating to your Stripe account. We are responsible for supporting you to connect your Stripe account with the platform.
c. Fees: Any donation made through the platform is subject to a payment (Stripe fee) fee and an application fee (our fee). All fees are deducted from the total donation amount, before being added to your Stripe account balance. Payment fees vary according to card type and currency, and are determined by the provider (Stripe). Our application fee is 5% of the total donation amount, not including Gift Aid.
d. Payouts: Your Stripe balance is made up of pending and available balances. Pending balances are made up of payments that have been made in the last 7 days. Available balances are made up of payments made more than 7 days ago. Available balances are paid out via BACS to the charity's nominated bank account according to your payout settings in your Stripe account. It is your responsibility to configure these settings on your Stripe account.
Registered Users Only
a. Identity Validation: On creation of an account, we will monitor and check all information provided by you. This will be done by checking a variety of sources, including but not limited to, your own website and the Charity Commission (charity accounts only). If we are unable to verify your credentials for any reason, you will be notified by us or asked for further information or documentation to validate your identity.
b. Security: On creation of an account on the platform, you must set a private, complex and unique password. You are responsible for maintaining the confidentiality of your password to prevent others gaining access to sensitive information.
c. Page Publication: It is free for any registered user to create and publish a page on the platform.
d. Content: The platform permits you to customise many elements of your page configuration, including, but not limited to, displaying your own text and image content. Any content supplied to your page by you must be relevant and truthful to the cause for which you are fundraising. Any content deemed inappropriate, offensive or misleading may be removed, or may result in the page being taken offline and/or the suspension of your account.
Charity Users Only
a. Expenses: We provide a range of additional costed services and products to charity users. Any additional products requested by you from us will be charged to your "Expense Account" and invoiced accordingly. Any invoices issued to you must be paid within 30 days by BACS, CHAPS, or electronic bank transfer only. Failure to make payment in the appropriate time may result in temporary suspension of services.
b. Page Duration: There is no charge to publish a fundraising page, and it will remain online until you choose to change its status to 'Offline'.
c. Template Designs: Unless otherwise agreed, for example if you have submitted your own template design or have commissioned us to design an exclusive template for its sole use, the artwork for fundraising pages on the Website is owned by the the company. The artwork may be used on multiple pages at any time, including by other charities and/or individual pages, but must not be used by a third party without prior consent from the company.
d. Custom Templates: If you choose to use the Custom Template service, either by commissioning us to create an exclusive template for you or by submitting your own design to us for conversion to the platform, you agree to follow the guidance provided in our documentation. Once a custom template process has been completed, you agree to pay the specified fee.
e. Donor Data: We will supply details of each donor and donation to you, when you securely login to the platform using your charity user account. We will not use this data for our own purposes without consent from the donor. It is your responsibility to maintain accurate records on donor communication preferences for any future communications, in accordance with UK law, and we will not be held responsible for any misuse of personal data by you. You are also bound by this agreement to never sell, swap or give donor information to any other third party, that was acquired through us.
f. E-card: We will not provide any personal details of an e-card recipient, but you will be able to ascertain if the feature was used on a donation.
g. User Accounts & Security: The platform offers the facility of adding additional users to access your charity account. Each user can be defined a "role" to grant or restrict access to various features of the platform. You are only permitted to create additional users accounts with an email address domain that matches your own. It is your responsibility to maintain the level of access and status of other user accounts connected to your charity account. A strict internal policy and procedure must be in place to disable accounts when an employee with a platform charity user account leaves your organisation. Failure to do this risks data breaches of which you will be liable. We will disable any user account if we detect any suspicious activity that risks the compromise of sensitive data on the platform.
h. Gift Aid: We will collect valid Gift Aid declarations from each donor where possible, and share this information with you. We will not submit Gift Aid claims on your behalf. It is your responsibility to reclaim any Gift Aid due to you from donations made via the platform.
i. Promotional activity: We may promote your fundraising page(s) on our website and social media channels, but we are not responsible for sourcing donors on your behalf. It is your responsibility to plan a suitable marketing campaign and promotional activity to ensure fundraising success.
Termination of Agreement
We may terminate or suspend access to an account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if there is a breach of this agreement. All provisions of this agreement which, by their nature, should survive termination, shall survive termination. You may terminate your account with the platform by contacting us at any time. Any outstanding invoices must still be paid.