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Terms and Conditions

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.

1. 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.

2. 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.

3. 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
  • you are a trustee or director for your organisation
  • your organisation gives you authority to use our Services on its behalf
  • your organisation is entitled to make repayments claims under the UK Government’s Gift Aid scheme.

4. 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.

5. Availability

  • Our site is available on the terms set out in our Web Site Terms and Conditions and Privacy Policy. 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.

6. 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 service 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.

7. Data Protection

    1. In light of the requirements imposed by the provisions of the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time (together Data Protection Legislation), the relationship between you and us must be formalised in respect of data protection issues.
    2. Both parties acknowledge that for the purpose of Data Protection Legislation, in the provision of the services (Services), you (the Customer) are the data controller and we (Fund Filer Ltd) are the data processor (as defined in the Data Protection Legislation).
    3. We will process personal data and sensitive personal data (both as defined in the Data Protection Legislation) (together Data) for the purpose and duration of our provision of Services to you or as otherwise permitted or required by these terms of supply or by the laws of any member of the European Union (EU) or by the laws of the EU applicable to the processing of Data (together the Applicable Laws).
    4. Upon termination of the relevant contract for the delivery of Services by us, you must download the relevant Data within 30 days after which we cannot guarantee that the Data will be available for you to download. If it is, it may still be downloaded, but at the customer’s expense, subject to a fee from Fund Filer for doing this.
    5. Following the termination of the relevant contract for the delivery of Services by us and the expiry of any relevant limitation period and of any period required by law, a regulatory body or recommended by any relevant code of practice, we will not retain any copy, abstract, precis or summary of any Data and will destroy our records and documentation accordingly on the expiry of such period.
    6. You will ensure that all necessary appropriate consents and notices are in place to enable lawful transfer of the Data to us by you and to enable us (and our sub-processors) to lawfully process Data under these terms of supply. A copy of such consents and notices shall be provided to us by you as soon as reasonably practicable following request by us.
    7. We shall, in relation to any Data processed in connection with the performance by us of our obligations under this agreement:
      1. Process the Data only on your written instructions or as expressly permitted in this agreement. Where we process Data as permitted or required by Applicable Laws, we shall use our reasonable endeavours to notify you of this unless such Applicable Laws prohibit us from so notifying you;
      2. Ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Data, against accidental loss or destruction of, or damage to, Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the Data to be protected, having regard to the state of the technological development and the cost of the of implementing any measures. Those measures may include, where appropriate:
        • Pseudonymising and encrypting Data;
        • Ensuring confidentiality, integrity, availability and resilience of our systems and services;
        • ensuring that availability of and access to Data can be restored in a timely manner after an incident; and
        • regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us;
      3. ensure that all personnel who have access to and/or process Data are obliged to keep the Data confidential; and
      4. not transfer any Data outside of the European Economic Area (or any country deemed adequate by the Commission pursuant to Article 25(6) of Directive 95/47EC) unless your prior written consent has been obtained and the following conditions are fulfilled:
        • we have ensured appropriate safeguards in relation to the transfer;
        • the data subject has enforceable rights and effective legal remedies;
        • we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Data that is transferred; and
        • we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Data;
      5. Assist you (at your cost) in responding to any request from a data subject and in ensuring compliance with our obligations under Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
      6. Notify you without undue delay on becoming aware of a Data breach;
      7. Maintain complete and accurate records and information to demonstrate our compliance with our obligations under this agreement and make such records available to you (at your cost) upon request in a timely manner.
    8. You agree that we may transfer Data:
      1. To a third party processor for the purpose of maintenance of the Fund Filer software;
      2. To a third party purchaser of our business assets on reorganisation, sale or merger of the whole or any part of our business; and
      3. As reasonably required to obtain legal advice, comply with legal requirements, enforce or apply any agreements and protect the rights, property or safety of Fund Filer Ltd, our employees, clients, customers and others.
    9. Each party agrees to indemnify and keep indemnified and defend at its own expense the other party against all costs, claims, damages or expenses incurred by the other party or for which the other party may become liable due to any failure by the first party or its employees or agents to comply with any of its obligations under this clause 7 or with its obligations under Data Protection Legislation.
    10. You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Data.
    11. Consequently, we will not be liable for any claim brought by an individual arising from any action or omission by us, to the extent that such action or omission resulted directly from your instructions and if any such liability arises you shall indemnify and keep indemnified at your own expense us against all costs, claims, damages or expenses incurred by Fund Filer in respect of such claim.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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 party’s only remedy shall be for breach of contract as provided in these terms and conditions.
  • Except as expressly stated in these Terms of Supply, a person who is not a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 and the parties do not intend that any third party rights are created by this agreement.

16. 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).
  • No variation of these T&Cs will be binding unless made in writing and signed by duly authorised persons on behalf of both parties.

17. 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 exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

1. This policy

    1. Fund Filer Ltd (we) are the data controller in relation to personal data we collect from you in connection with our provision of products and services.
    2. We are committed to protecting and respecting your privacy.
    3. We are registered in England and Wales as Fund Filer Limited under company number 06979043 and have our registered office address at 7a Gateshead Close, Sunderland Road Industrial Estate, SG19 1RS. We can be contacted at info@fundfiler.com.
    4. 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.

2. Information we collect from you

    1. We will collect and process the following data about you:
      1. Information you give us. This is information about you that you give us by filling in forms on our site www.fundfiler.com (our site), by corresponding with us by phone, e-mail or otherwise or by the answers you provide if we ask you to complete surveys for research purposes. We may also collect information when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number.
      2. Information we collect about you. This is information about your transactions and the fulfilment of your orders that we collect during your visit to our site. We will also automatically collect technical information about your visit to our site including, but not limited to traffic data, location data, weblogs and other communication data and the resources that you access.
    2. Collecting this personal data is essential to us being able to provide you with our services. If we are not able to collect this personal data, our ability to provide a high level service to you may be limited.

3. Cookies

    1. Our website uses cookies to distinguish you from other users of our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
    2. We may use the following cookies:
      1. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
      2. Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
    3. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
    4. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

4. How we use your information

    1. All the personal data we process is processed by our staff in the UK.
    2. A key requirement of UK Data Protection law is that we have a lawful basis for processing your personal data. Where the data is collected for the purpose of fulfilling a contract with you, we will use your personal data on the basis that processing is necessary to fulfil that contract. Where the data is collected for all other purposes we will process your personal data on the basis that you have given consent.
    3. We will process information you give us and which we collect from you for the purpose of fulfilling a contract with you in the following ways:
      1. To ensure that content from our site is presented in the most effective manner for you and for your computer;
      2. To carry out our obligations arising from any contract entered into between you and us; and
      3. To notify you about changes to our service.
    4. We will process information you give us and which we collect from you where you have given consent for us to do so in the following ways:
      1. 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; and
      2. To allow you to participate in interactive features of our service, when you choose to do so.
      3. You may withdraw your consent at any time as set out in clause 7 below.

    5. We will never sell your information to third parties. However we may disclose your personal information to third parties in the following circumstances:
      1. In the event that we sell or buy any business or assets, in which case we may disclosure your personal data to the prospective seller or buyer of such business or assets;
      2. 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;
      3. 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.

5. Where we store your data

    1. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with UK Data Protection law.
    2. 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 your password with anyone.
    3. 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 you 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.

6. How long we keep your personal data

    1. We will store your personal data for no longer than is reasonably required in order for us to fulfil our obligations to you under any contract we may enter into and in order for us to fulfil any legal obligations.

7. Your rights

    1. You have the right to object to our use of 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 disclosure your information to any third party for such purposes. You may object to our use of your personal data for marketing purposes by writing to us at our registered office, or by phoning 01767 688400 or by emailing info@fundfiler.com and informing us of your objection.
    2. You have the right to withdraw your consent to our processing for specified purposes or at all at any time. You may withdraw consent by writing to us at our registered office, or by phoning 01767 688400 or by emailing info@fundfiler.com and informing us that you are withdrawing your consent for one or more of the purposes for which consent was given.
    3. You may request access to your information, to have any incorrect information corrected and to have your information deleted.
    4. 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 their policies before you submit any personal data to these websites.

8. Access to information

    1. UK Data Protection law gives you the right to access information held about you by us. Generally we will provide this information free of charge, however in certain circumstances we reserve the right to charge a reasonable fee to meet our costs in providing you with details of the information we hold about you.

9. Right to lodge a complaint

    1. While we will endeavour to only use personal data that is relevant to our purpose and ensure your personal data is kept secure, sometimes errors occur. If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter. If you are not satisfied with our response or believe we are not processing your personal data as required by law you can contact the Information Commissioner’s Office on 0303 123 1113.

10. Changes to our privacy policy

    1. Any changes we make to our privacy policy in the future will be posted on our website, and where practicable, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

11. Contact

    1. Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to our registered office or info@fundfiler.com.