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Terms and Conditions

 

Terms of Service

Terms Of Website Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.fundfiler.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information About Us

www.fundfiler.com is a site operated by Fund Filer Ltd ("We"). We are registered in England and Wales under company number 6979043 and have our registered office and main trading address at 7a Gateshead Close, Sunderland Road Industrial Estate, Sandy, SG19 1RS. We are a limited company.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to all users and/or to specific users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You may also use the site as set out in our Terms and Conditions of Supply [Link to terms and conditions of supply].

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance On Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our Site Changes Regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information About You And Your Visits To Our Site

We process information about you in accordance with our privacy policy and we process information about other data subjects which you input in accordance with our terms and conditions of supply. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Transactions Concluded Through Our Site

Contracts for the supply of Services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.

Viruses, Hacking And Other Offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking To Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to info@fundfiler.com.

Links From Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction And Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

Variations

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, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your Concerns

If you have any concerns about material which appears on our site, please contact info@fundfiler.com

Terms of Supply

Terms And Conditions Of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you the services (Services) listed on our website www.fundfiler.com (our site). Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. If you refuse to accept these terms and conditions, you will not be able to order any Services from our site.

  • Information About Us

    www.fundfiler.com is a site operated by Fund Filer Ltd (we). We are registered in England and Wales under company number 6979043 and with our registered office and main trading address at 7a Gateshead Close, Sunderland Road Industrial Estate, Sandy, SG19 1RS.

  • Service Availability

    Our site is only intended for use by organisations which are entitled to make a repayments claim under the UK Government’s Gift Aid scheme. We do not accept orders from other organisations.

  • Your Status

    By placing an order through our site, you warrant that:

    • you are legally capable of entering into binding contracts on behalf of your organisation; and
    • your organisation is entitled to make repayments claims under the UK Government’s Gift Aid scheme.
  • How The Contract Is Formed Between You And Us

    • After placing an order, you will receive an automatic e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase a licence in respect of our Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service has been made available for your use (the Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
    • The Contract will relate only to those Services whose availability we have confirmed in the Confirmation. We will not be obliged to supply any other Services which may have been part of your order unless and until the availability of such Services has been confirmed in a separate Confirmation.
  • Availability

    • Our site is available on the terms set out in our Web Site Terms and Conditions. In the unlikely event that any Services you have ordered and paid for are not available due to a fault on our part for a period of 30 or more consecutive days we will refund pro rata any payments we have received from you.
    • You may print off a reasonable number of copies of the relevant pages from our web site to enable you to keep proper records for your organisation and send information to HMRC, you may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
  • Ownership And Use Of The Services

    • The Services will be available to use for six weeks free of charge. We will send an email advising you when your free service or any 12 month supply of the Services is coming to an end, at which point, if you wish to continue using the Services you may order the Services for a further 12 months.
    • Subject to the Confirmation referred to above and receipt of the relevant price we will grant to you a non-exclusive right and licence (with no right to sub-license) to use the Services for purposes connected with the calculation of Gift Aid on behalf of your organisation.
    • The information and text submitted by you to be used in connection with the provision of the Services is solely your responsibility and we can accept no liability for errors and/or omissions made by you in using the Services.
    • You hereby undertake and warrant to us that:
      • you will indemnify the us against all indirect and/or direct costs, claims, damages, losses, expenses and liabilities suffered or incurred by us as a result of the provisions of these terms and conditions being breached;
      • any information supplied by you to us is accurate, complete and true;
      • in respect of any information that contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any data by which any living person is or can be identified, you have obtained the express authority of such living person to make use of such name, representation and/or data;
      • all information and or material supplied by you complies with all applicable laws, rules, regulations and codes relating to the same as may be appropriate.
  • Data Policy And Termination

    • For the purposes of this clause:

      Data Controller: has the meaning set out in section 1(1) of the Data Protection Act 1998.

      Data Subject: an individual who is the subject of Personal Data.

      Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, of which you are the Data Controller and in relation to which we are providing services under this Agreement.

      processing and process: have the meaning set out in section 1(1) of the Data Protection Act 1998.

    • We and you acknowledge that for the purposes of the Data Protection Act 1998, you are the Data Controller and we are the data processor of any Personal Data. 8.3 We will process the Personal Data only to the extent, and in such a manner, as is necessary for the purposes specified in this Agreement and in accordance with your instructions from time to time and shall not process the Personal Data for any other purpose. We will keep a record of any processing of personal data that we carry out on your behalf.
    • We will promptly comply with any request from you requiring us to amend, transfer or delete the Personal Data.
    • If we receive any complaint, notice or communication which relates directly or indirectly to the processing of the Personal Data or to either party's compliance with the Data Protection Act 1998 and the data protection principles set out therein, we will immediately notify you and will (at your cost) provide you with full co-operation and assistance in relation to any such complaint, notice or communication.
    • At your request, we will provide to you a copy of all Personal Data held by us on your behalf.
    • We will not transfer the Personal Data outside the European Economic Area without your prior written consent.
    • We will promptly inform you if any Personal Data is lost or destroyed or becomes damaged, corrupted, or unusable.
    • We will ensure that access to the Personal Data is limited to: those employees who need access to the Personal Data to meet our obligations under this Agreement; and in the case of any access by any employee, such part or parts of the Personal Data as is strictly necessary for performance of that employee's duties.
    • We will ensure that all employees: are informed of the confidential nature of the Personal Data; have undertaken training in the laws relating to handling personal data; and are aware both of our duties and their personal duties and obligations under such laws and this Agreement.
    • We will take reasonable steps to ensure the reliability of any of our employees who have access to the Personal Data
    • We will notify you within five Business Days if we receive a request from a Data Subject for access to that person's Personal Data.
    • We will provide you with full co-operation and assistance (at your cost) in relation to any request made by a Data Subject to have access to that person's Personal Data.
    • We will not disclose the Personal Data to any Data Subject or to a third party other than at your request or as provided for in this Agreement.
    • You are entitled, on giving at least ten Business Days' notice to us, to inspect or appoint representatives to inspect all facilities, equipment, documents and electronic data relating to the processing of Personal Data by us.
    • We warrant that: we will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments; and we will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data to ensure our compliance with the seventh data protection principle.
    • We will notify you immediately if we become aware of any unauthorised or unlawful processing, loss of, damage to or destruction of the Personal Data.
    • If you terminate a Service we have made available to you for any reason (for instance, because you have notified us that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Service is defective), we will notify you of any refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
    • Data you input in using the Services will be available for 7 years from the date on which it was uploaded, provided that you continue to pay for and receive the Services. Data will be available for you to download for at least one year after the Services are terminated, after which time it may be deleted.
  • Our Liability

    • We warrant to you that any Service purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which services of the kind are commonly supplied.
    • Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Service you purchased.
    • This does not include or limit in any way our liability:
      • for death or personal injury caused by our negligence;
      • for fraud or fraudulent misrepresentation; or
      • for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    • We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • Written Communications

    Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  • Notices

    All notices given by you to us must be sent to: Managing Director, Fund Filer Ltd, 7a Gateshead Close, Sunderland Road Industrial Estate, Sandy, SG19 1RS. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e- mail, that such e-mail was sent to the specified e-mail address of the addressee.

  • Transfer Of Rights And Obligations

    • The contract between you and us is binding on you and us and on our respective successors and assigns.
    • You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  • Events Outside 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 (Force Majeure Event).
    • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      • Strikes, lock-outs or other industrial action.
      • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
      • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
      • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
      • Impossibility of the use of public or private telecommunications networks.
      • The acts, decrees, legislation, regulations or restrictions of any government.
    • Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  • Waiver

    • If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    • A waiver by us of any default shall not constitute a waiver of any subsequent default.
    • No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11.
  • Severability

    If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  • Entire Agreement

    • These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    • We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
    • Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other partyґs only remedy shall be for breach of contract as provided in these terms and conditions.
  • Our Right To Vary These Terms And Conditions

    • We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and/or changes in our system's capabilities.
    • You will be subject to the policies and terms and conditions in force at the time that you order the services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
  • Law And Jurisdiction

    Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

Fund Filer Ltd ("We") are committed to protecting and respecting your privacy.

This policy (together with our terms of use and terms of supply and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Fund Filer Ltd of 7a Gateshead Close, Sunderland Road Industrial Estate, Sandy, SG19 1RS.

Information We May Collect From You

We may collect and process the following data about you.
  • Information that you provide by filling in forms on our site www.fundfiler.com (our site). This includes information provided at the time of registering to use our site, subscribing to and using our services, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence.
  • The answers you provide if we ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of transactions you carry out through our site and of the fulfilment of your orders.
  • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP Addresses And Cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • to estimate our audience size and usage pattern;
  • to store information about your preferences, and so allow us to customise our site according to your individual interests;
  • to speed up your searches; and/or
  • to recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Where We Store Your Personal Data

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses Made Of The Information

We use information held about you in the following ways.
  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

We may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are not yet a customer we will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way please tick the relevant box situated on the form on which we collect your data.

Disclosure Of Your Information

We will never sell your information to third parties. However, we may disclose your personal information to third parties:

  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
  • if Fund Filer Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Fund Filer Ltd, our customers, or others.

Your Rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Fund Filer Ltd, 7a Gateshead Close, Sunderland Road Industrial Estate, Sandy, SG19 1RS or info@fundfiler.com.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access To Information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of Ј10 to meet our costs in providing you with details of the information we hold about you.

Changes To Our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Fund Filer Ltd, 7a Gateshead Close, Sunderland Road Industrial Estate, Sandy, SG19 1RS or info@fundfiler.com.