These terms and conditions will govern the relationship between you, the client, and us, Real World Fundraising* (“Us” or “We”).
Please read these terms and conditions carefully and please feel free to let us know if there is anything you are unsure about or about which you would like some further explanation.
1. Terms and Conditions
- Any products or services provided by us will be provided subject to these terms and conditions (as amended from time to time) unless we expressly agree otherwise in writing.
- These terms and conditions may be subject to change at any time. In the event that our terms and conditions are changed we will place an up to date copy of our terms and conditions on our website.
2. Services Provided
- Where services are to be provided by us we will provide our services with reasonable care, skill and diligence.
- You agree to cooperate with us in the performance of our services and to give such support, facilities and information as may be reasonably required.
3. Charges and Payments
3.1 Quoted prices are exclusive of VAT.
3.2 Our fees will be invoiced to you either on the sale of products or data to you or on completion of our services. If we are involved in an on-going project we may invoice you monthly. Payment is due within 14 days of our invoice. On occasion we may require that payment is made in advance or on delivery.
3.3 All sums due from you which are not paid on the due date (without prejudice to our rights under these terms) will bear interest from day to day at the same annual rate as is prescribed from time to time under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 with a minimum rate of 10% per annum.
- We may from time to time increase our hourly or daily rates by such amount as is reasonable and unless you object to the increased rates within seven days of notification in writing all services shall be provided at the increased rates notified.
3.5 During any period in which payments from you are overdue, we may suspend work.
4.1 Each party undertakes not at any time to divulge or allow to be divulged to any person any confidential information relating to the other’s affairs unless the other party has expressly or impliedly consented to the disclosure (save where such disclosure is required by law).
4.2 Real World Fundraising shall be entitled to refer to its provision of services to you for any purpose in connection with the business provided that prior to any published reference to you we will give you an opportunity to object to such reference and in the event of objection upon reasonable grounds we shall not refer to you as proposed.
5. Disclosure of Materials/ Fundraising Data
5.1 As part of our services we may sell one or more of our fundraising databases to you. Copyright in the databases and any other materials provided by us will remain with Real World Fundraising at all times. You are authorised to use the database and other materials strictly for your own fundraising activities only.
5.2 You are not permitted to disclose, sell or lend the data comprised in the databases (the “data”) to any other organisation, company, firm or person (“Third Party”) without our consent in writing.
5.3 Please note that you are not entitled to disclose data to a sub-contractor, joint venture partner, sister organisation or umbrella body.
5.4 In the event that you disclose data to a Third Party without our consent (“Unauthorised Disclosure”) and the data is subsequently used for fundraising purposes by that Third Party you agree to:
- (in addition to any other remedy we may have) pay to us an amount equal to our then current charges for sale of the data; and
- procure that any Third Party to whom the data has been disclosed (and any other person who that Third Party has subsequently disclosed the data to) enters into an agreement with us not to disclose the data to any other party.
5.5 If you are unable to obtain the agreement referred to at clause 5.4(b) within 28 days of any Unauthorised Disclosure coming to our notice you agree that you will be liable to us for a further amount (in addition to the payment referred to at clause 5.4(a)) equal to double our then current charges for sale of the data as agreed compensation for the risk of further disclosures.
5.6 In order to protect our data, one or more of the entries in the database may not be genuine, and any contacts made to those entries may serve to alert us that the database is being used for fundraising purposes. We agree that such “security entries” will not exceed 1% of the total number of entries.
5.7 You agree that the remedies referred to at clauses 5.4 and 5.5 are reasonable and genuine pre-estimates of the loss which would be suffered by us in the event of an Unauthorised Disclosure.
6.1 (a) Real World Fundraising does not guarantee that any given level of funds will be raised by you. However if you purchase our “Small Trusts Service List” we anticipate recovery of our fees within twelve months of the appeal being sent out. If you purchase a 12 month subscription to our publication “New Grant Making Trusts Monthly” we anticipate recovery of our fees within 18 months of supplying the first edition in the subscription.
(b) If funds equal to our fees are not raised within the period specified in clause 6.1(a) we will, upon written application and production of appropriate evidence (ie.firstly that suitable appeals have been made, and secondly that income from the appeals is equivalent to less than our fees), refund our fees (without interest or any other additional payment).
- We will not be liable for any indirect, special or consequential loss you may suffer arising out of or in connection with the provision of any products or services under these terms (except in respect of death or personal injury resulting from negligence) our liability for any other loss you may suffer arising pursuant to this agreement in respect of any one event or series of connected events shall not exceed the costs actually paid by you in respect of our products or services.
- In no event will we be liable to you or any third party for any damages or loss arising as a result of delay or late completion. All care will be taken to advise you of potential delays.
7.1 Each of the parties warrants its power to enter into these terms and conditions and agrees that they have obtained all necessary approvals to do so.
7.2 Each party acknowledges that these terms and conditions (as varied) contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
7.3 This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.
7.4 Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England or Wales.
7.5 Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.
7.6 Real World Fundraising is an independent contractor and no employment relationship shall be created by any provision of services by us and we shall not be subject to directions from you as to the manner in which work is performed.
7.7 We are entitled to sub-contract any of our rights or duties under this agreement.
7.8 You shall not be entitled to withhold payment of any sum otherwise payable to us by reason of any claim, set-off or for damages.
7.9 Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of thisagreement impossible, whereupon all money accrued due under this agreement shall be paid.
* Real World Fundraising is a trading name of Caroline Hamilton and references to “Real World Fundraising”, “we” and “us” should be read accordingly.