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
you start to use the site. By using our site, you indicate that you accept these
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
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
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
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.
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
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
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 email@example.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
to check this page from time to time to take notice of any changes we made, as they
be superseded by provisions or notices published elsewhere on our site.
If you have any concerns about material which appears on our site, please contact
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.
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.
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts on behalf of your organisation;
- 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.
- 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
- 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
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.
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
- 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
- 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
- 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.
- 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.
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.
- 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
- 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.
Fund Filer Ltd ("We") are committed to protecting
and respecting your privacy.
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
- 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
- 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
- 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
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
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
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
- To carry out our obligations arising from any contracts entered into between you
- 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,
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 firstname.lastname@example.org.
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.
page and, where appropriate, notified to you by e-mail.
should be addressed to Fund Filer Ltd, 7a Gateshead Close, Sunderland Road
Industrial Estate, Sandy, SG19 1RS or email@example.com.