Terms & Conditions

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Terms and Conditions for Membership and Member Services

The Chartered Institute of Fundraising is the professional membership body for UK fundraising. We support fundraisers through leadership and representation; best practice and compliance; education and networking; and we champion and promote fundraising as a career choice.

We are a registered charity, registered in England and Wales under registration number 1188764 and in Scotland under registration number SC050060. Our registered address is: Chartered Institute of Fundraising, Canopi, 82 Tanner Street, London SE1 3GN.

The Chartered Institute of Fundraising Privacy Policy will apply to the processing of personal data in connection with the products and services we provide.

These terms and conditions provide details on how we will provide our membership services to you.

We will review these terms on a regular basis and may amend or change them at any time.

Definitions

For clarity the following terms refer to the Chartered Institute of Fundraising: "the Chartered Institute", “Chartered Institute”, “Chartered Institute staff team”, "we", "us" or “our”

The terms "you", “their” “Individual members”, “Organisational members” or “Corporate Supporters” refer to Chartered Institute members.

The term “Account” refers to your own area on the Chartered Institute’s website where you can manage your information and contact preferences.

“Public fundraising organisation” refers to Corporate Supporters and Organisational members who are engaged in public fundraising using one or a combination of the following channels: street, door-to-door, private site and/or telephone fundraising

1.0 Applying for membership

1.1 By applying to become an Individual or Organisational member or a Corporate Supporter of the Chartered Institute you agree to these terms and conditions and to comply with the Code of Fundraising Practice.

1.2 In addition to compliance with the Code of Fundraising Practice, Individual members are required to comply with the Chartered Institute’s Code of Conduct and Organisational members and Corporate Supporters are required to adhere to the values in the Fundraising Regulator’s ‘Fundraising Promise’.

1.3 The information you provide must be accurate and truthful and you must choose the appropriate grade or band for your membership. The Chartered Institute reserves the right to cancel your membership if the application is found to have been based on untruths.

1.4 You can apply to become a Member via our website.

1.5 We reserve the right to refuse any request for membership at our sole discretion.

1.6 Activation of membership

1.6.1 In order to become a member, you need to register with the Chartered Institute and create an Account. Individual members paying by card or completing a paperless direct debit mandate will become active members from the date their application is received. If your organisation is the fee payer, your membership will commence on receipt of payment of the invoice and details on how to access your Account area will be sent to you at this time.

1.6.2 Organisational members and Corporate Supporters will become active on receipt of payment and will have access to their own Account area.

2.0 Membership

2.1 Membership of the Chartered Institute is on a 12 month renewable contract from the date your membership is activated. Membership entitles you to access Chartered Institute member services, including but not limited to member only areas on the website, member only guidance, and where applicable, Compliance services and discounts to our conferences, qualifications and training. You will also have use of a Chartered Institute logo.

2.2 We reserve the right, at our discretion, to make changes to any part of the membership services provided.

2.3 Different membership types attract additional benefits “Member Benefits”. Current Member Benefits are listed on our website. We reserve the right to change Member Benefits at our discretion.

2.4 Individual membership is non-transferable.

2.5 If you are a public fundraising organisation and either an Organisational member or Corporate Supporter, you may take advantage of the Chartered Institute’s Compliance services (see our website for more information).

3.0 Pricing

3.1 The pricing for all categories of Chartered Institute membership are set out on our website.

3.2 Corporate Supporters may negotiate packages which include membership and options for sponsoring and exhibiting at events. Packages will be agreed during the membership application process and when membership is due for renewal.

3.3 All prices are expressed exclusive of any VAT payable unless otherwise stated.

3.4 We reserve the right to make changes to our membership pricing at any time.

3.5 You will be informed of any price changes prior to your renewal.

4.0 Payment

4.1 Individual members should pay by card or direct debit. Invoices can be requested where an organisation is the fee payer.

4.2 Organisational and Corporate Supporters can pay by card or may request an invoice.

4.3 All invoices must be paid within 30 days.

4.4 The Chartered Institute reserves the right to cancel membership and/or remove access to membership services if payment is not received.

5.0 Renewal of Membership

5.1 Renewal dates fall on the last day of the month in which you became a member. You will be invited to renew your membership prior to your annual renewal date.

5.2 Should payment not be received by your renewal date, your membership and all associated member benefits will be withdrawn and we will send you an email confirming this. If you are paying by Direct Debit, your membership and all associated member benefits will be withdrawn should we not receive the first payment due after your renewal date. In this instance, you will be charged full rate for any member discounts you have accessed in the period between your renewal date and the date of the due direct debit payment. You will still have access to Account and the Chartered Institute will continue to send you non-member information in accordance with your preferences.

5.3 If you make a payment within 30 days of your notified renewal date, your membership benefits will be reinstated and your membership will continue for 12 months from your notified renewal date.

5.4 If you make a renewal payment more than 30 days after your notified renewal date, your membership will restart from the date we receive payment.

5.5 If you choose to re-join within six months of your membership expiring, you may do so without paying the new-member joining fee.

5.6 Renewal of membership indicates acceptance of the Chartered Institute’s terms and conditions.

6.0 Cancellation

6.1 You have the right to cancel your membership by giving us written notice at any time.

6.2 If you cancel membership within 14 days of the day you became a member we will reimburse all sums paid by you or on your behalf unless you have used your membership in that time to obtain member discounts on our products and services in which case no refund will be due.

6.3 If you cancel membership after 14 days of the day you became a member or 14 days after your renewal date you will not be entitled to a refund and all sums for your annual membership will be due to the Chartered Institute.

6.4 Refunds for cancellation of membership will be paid to the same card/account details as payment was received.

6.5 The Chartered Institute reserves the right to cancel your membership at any time and without refund should you fail to uphold the terms of this agreement and/or bring the Chartered Institute or the sector into disrepute. The Chartered Institute may suspend or cancel membership without refund in accordance with the Chartered Institute Disciplinary Procedures (see our website for further information).

Terms and Conditions for Short Courses and Events

The Chartered Institute of Fundraising is committed to providing a welcoming and safe environment for everyone involved in any events organised by the Chartered Institute or our volunteer groups. We support a culture of reciprocal respect and will not tolerate discrimination or harassment in any form. The Chartered Institute is committed to implementing the Code of Behaviour for Training and Events. Please carefully review the Code of Behaviour as your participation in activities through the Chartered Institute will signify that you have read, understand, and agree to abide by it. Action will be taken against anyone who does not adhere to this code of behaviour, under the Chartered Institute’s complaints procedures which can be found on our website here.

1.0 General

1.1 For the avoidance of doubt, ‘Courses and Events’ refers to all courses and events run by the Chartered Institute and its groups including online courses. Courses and Events does not include Qualifications and Future Leaders Programme which are covered by separate terms and conditions.

1.2 We reserve the right to change or alter event dates, programmes, speakers, trainers, venues and locations where necessary without liability. Significant changes will be communicated to delegates by email and app where applicable, and if any change results in a delegate being unable to attend, we will refund 100% of the fee. We will not be liable for any other costs incurred by delegates as a result of any changes.

1.3 We will not offer refunds due to circumstances outside of our control such as adverse weather conditions, transportation issues, major incidents, industrial action or ‘Acts of God’. We will also not be liable for any other costs incurred such as hotel or travel costs.

1.4 A course or event may be cancelled by the Chartered Institute up to 2 weeks prior to its start date.

1.5 You may not at any time copy, share, amend or disseminate any materials provided.

1.6 All materials provided remain the intellectual property of the Chartered Institute and its partners who assert their right to worldwide copyright and all related rights unless specifically agreed otherwise in writing.

1.7 Event speakers within the sector share content as a contribution to the fundraising profession and agree to the speaker conditions if they accept the invitation to speak at the event.  

2.0 Booking for an event or course

2.1 All courses and events can be booked via the Chartered Institute website or other booking sites approved by the Chartered Institute.

2.2 Booking confirmations and joining instructions will be sent by email to the address(es) used in the booking process.

3.0 Booking fees and payment terms

3.1 Individual bookings must be paid by card. Group bookings can be paid for by card or an invoice may be requested. Payment terms are 30 days from date of invoice and payment must be received prior to the course or event.

3.2 The Chartered Institute reserve the right to refuse entry to delegates if full payment has not be received prior to the event/course unless reasonable proof of the payment being processed is provided. The final decision is at the discretion of the Chartered Institute staff team and is final. In any event, full payment of the invoice will still be required.

4.0 Booking substitutions

4.1 A place on any course or event (except Qualifications and Future Leaders course) can be transferred to a substitute delegate at no extra cost as long as this is confirmed in writing to the Chartered Institute prior to the start date. Substitutions for courses must be notified at least 24 hours before the course start date.

4.2 Substitutions for Fundraising Convention can only be made for individual day passes and not in the circumstances that a 2 day booked delegate can’t attend one or more of the days. Should an attendee be found to have made a substitution in this way, the Chartered Institute will charge the substitute a full day’s pass or may refuse entry. Virtual Convention tickets are similarly not transferable.

4.3 Where a substitution is allowed and a higher fee applies to the substitute, the difference will need to be paid in full by card payment prior to attendance at the course or event.

4.4 Virtual Convention sessions should only be accessed by the individual registered to attend the event.  It is prohibited for delegates to access content using the registration details or viewing devices of another delegate.

5.0 Transferring to another event or course

5.1 You are able to transfer from one course or event to another with the exception of Fundraising Convention.

5.2 If you transfer to a higher value event or course you will be required to pay the difference. If you transfer to a lower value event or course, the Chartered Institute will not refund the difference.

5.3 Requests to transfer to another course or event must be made by phone in the first instance. You will then be required to confirm your transfer request in writing. Written confirmation must be received no later than 5 working days prior to the start of the course or event you would like to transfer from.

6.0 Booking cancellations

6.1 All requests for cancellation must be made in writing by email to the Chartered Institute. Refunds will be made in accordance with the table below.

 

< 30 days before event/course start

30-59 days before event/course start

> 60 days before event/course start

Amount refunded

No refund

50%

85%

Amount of payment due

100%

50%

15%

6.2 If discounted Individual membership was included as part of your booking, you will be required to pay the full membership fee if you wish to retain your membership. If you wish to cancel your membership, then the membership cancellation terms apply (see Membership terms and conditions, paragraph 6).

7.0 Liability

7.1 Course and event notes cannot be relied upon for legal interpretation. Neither Chartered Institute staff, training faculty, speakers or consultants can accept responsibility for actions of delegates, or others with access to course or event notes, or liability for any loss incurred as a result of this content.

7.2 Any special access requirements must be communicated to the Chartered Institute staff team at the point of booking and no later than 1 week prior to a course or event taking place. The Chartered Institute will not accept liability for inability to attend a course or event if notification of access requirements has not been received.

7.3 Any special dietary requirements must be communicated to the Chartered Institute at the point of booking and no later than 1 week prior to a course or event taking place. We use external caterers and do not accept liability for any failure to meet special dietary requirements.

7.4 We do not accept any liability for your personal belongings or valuables at our events and courses.

Terms and Conditions for Qualifications and Future Leaders Course

The Chartered Institute of Fundraising is committed to providing a welcoming and safe environment for everyone involved in any Qualifications and courses organised by the Chartered Institute or our volunteer groups. We support a culture of reciprocal respect and will not tolerate discrimination or harassment in any form. The Chartered Institute is committed to implementing the Code of Behaviour for Training and Events. Please carefully review the Code of Behaviour as your participation in activities through the Chartered Institute will signify that you have read, understand, and agree to abide by it. Action will be taken against anyone who does not adhere to this code of behaviour, under the Chartered Institute’s complaints procedures which can be found on our website here.

1.0 General

1.1 “Qualification” refers to Qualifications and Future Leaders Course

1.2 The start date for the Certificate and Diploma in Fundraising qualification and the Future Leaders course is the date of the first teaching day although pre-course tasks are necessary. The start date for the International Advanced Diploma in Fundraising is the date listed on the booking page, ahead of the first face to face teaching day.

1.3 Where Individual Membership has been applied with your booking, this will be made active as soon as we receive the completed application if paying by card or payment if an invoice has been requested (see Membership terms and conditions paragraph 1.6).

1.4 You are expected to attend all teaching days as part of your qualification and complete all tasks, online modules and units.

1.5 It is the responsibility of students to manage their time appropriately whilst undertaking their Qualification.

1.6 Students are required to have a good command of written and spoken English. If in doubt, evidencing and International English Language Testing Service (IELTS) score of 6.0, or Test of England as a Foreign Language (TOEFL) score of 550 or equivalent may be required to ensure students are not at a disadvantage.

1.7 It is the responsibility of every student to complete pre-Qualification work to the deadlines set.

1.8 Students in the UK by virtue of a visa must comply with the terms and conditions of their visa.

1.9 Persistent absence from required learning and teaching activities may constitute grounds for termination of their programme of study.

1.10 Any award of bursaries is made at the discretion of the Chartered Institute and appeals are not applicable.

1.11 We reserve the right to remove any course attendee should their behaviour be deemed inappropriate and against the values in our Code of Conduct.

1.12 We reserve the right to change or alter Qualification dates, programmes, speakers, trainers, venues and locations where necessary without liability. Significant changes will be communicated to delegates by email and if any change results in a delegate being unable to attend, we will refund 100% of the fee. We will not be liable for any other costs incurred by delegates as a result of any changes.

1.13 We will not offer refunds due to circumstances outside of our control such as adverse weather conditions, transportation issues, major incidents, industrial action or ‘Acts of God’. We will also not be liable for any other costs incurred such as hotel or travel costs.

1.14 A Qualification may be cancelled up to 2 weeks prior to its start date.

1.15 You may not at any time copy, share, amend or disseminate any materials provided.

1.16 All materials provided remain the intellectual property of the Chartered Institute and its partners who assert their right to worldwide copyright and all related rights unless specifically agreed otherwise in writing.

2.0 Booking for a Qualification or Future Leaders course

2.1 All Qualifications can be booked via the Chartered Institute website.

2.2 If you are a Chartered Institute member or have registered with the Chartered Institute as a non-member, you must book via your Account account. If you are not already registered, you can choose to register or just book as a guest. Booking confirmations and joining instructions will be sent by email to the address(es) used in the booking process.

3.0 Booking fees and payment terms

3.1 Fees for Qualifications will be published on the Chartered Institute website against the respective Qualification.

3.2 Payment can be made by card or an invoice can be requested. Payment terms are 30 days from date of invoice. Invoices will not be available if the booking is made less than 30 days before the Qualification start date.

3.3 Fees for Qualifications may be paid in two instalments. We require 50% at the time of booking and a further 50% to be paid the following month. Should you wish to leave your Qualification at any point, any outstanding balance will still be due to the Chartered Institute.

3.4 The Chartered Institute reserves the right to refuse entry to delegates if full payment has not been received prior to the Qualification unless reasonable proof of the payment being processed is provided. The final decision is at the discretion of Chartered Institute staff and is final. In any event, full payment of the invoice will still be required.

4.0 Substitutions and Transfers

4.1 No substitutions, transfers or refunds will be made if a student decides to leave a Qualification.

4.2 A place on a Qualification can be substituted at no extra charge up to 4 weeks before the start date. To make a substitution you must phone and email Chartered Institute Training and Qualifications team with details of the original student and the substitute.

4.3 If a higher rate is applicable to the substituted student the difference will be charged and is payable immediately. If a lower rate is applicable, the difference will not be refunded.

4.4 Students can transfer to the same Qualification at a later date or another Qualification by contacting Chartered Institute Training and Qualifications team by email or by phone. The new Qualification must start within 12 months of the originally booked Qualification otherwise it will be considered a cancellation.

4.5 If the new Qualification is of higher value than the original, students will be charged the difference. If the course is of lower value, the Chartered Institute will not refund the difference.

4.6 Additional charges apply to course transfers depending on when we receive the written request:

 

< 30 days before course start date

30 to 59 days before course start date

> 60 days before course start date

Transfer charge

£65 + 15% of original fee

£65

No charge

5.0 Deferrals, Withdrawals and Termination

5.1 Students experiencing personal difficulties or illness which may affect attendance or performance, should contact the Chartered Institute Training and Qualifications team by email or phone as soon as such difficulties occur.

5.2 Deferrals or extensions to deadlines are only available in exceptional circumstances and at the discretion of Chartered Institute staff.

5.3 Deferrals granted are normally for a defined period not exceeding 12 months. Students may apply for an additional deferral of 12 months, but these are only granted in the most exceptional of circumstances.

5.4 Students unable or unwilling to complete their studies within 24 months will be automatically removed from the Qualification unless a special arrangement has been agreed in writing.

5.5 Students wishing to permanently withdraw from their qualification must inform the Chartered Institute Training and Qualifications team in writing and complete the necessary paperwork.

5.6 If a student fails to attend teaching days or return from an approved deferral without notice, they will be automatically be removed from the Qualification and will cease to be a student of the Chartered Institute. No refund will be made.

6.0 Cancellations

6.1 All requests for cancellation must be made in writing by email to Chartered Institute Training and Qualifications team. Refunds will be made in accordance with the table below.

 

< 30 days before event/course start

30-59 days before event/course start

> 60 days before event/course start

Amount refunded

No refund

50%

85%

Amount of payment due

100%

50%

15%

6.2 Should discounted Individual Membership have been included as part of your booking, you will be required to pay the full amount if you wish to retain your membership. If you wish to cancel your membership, then the membership cancellation terms apply (see Membership Terms and Conditions, paragraph 6).

7.0 Liability

7.1 Qualification notes cannot be relied upon for legal interpretation. Neither Chartered Institute staff, training faculty, speakers or consultants can accept responsibility for actions of delegates, or others with access to Qualification notes, or liability for any loss incurred as a result of this content.

7.2 Any adjustments needed to enable accessibility to the Qualification must be communicated to the Chartered Institute Training and Qualifications team at the point of booking and no later than 4 weeks prior to a Qualification taking place at the latest. The Chartered Institute will not accept liability for inability to undertake a Qualification if notification of adjustments required has not been received.

7.3 Any special dietary requirements must be communicated to the Chartered Institute at the point of booking and no later than 4 weeks prior to a Qualification taking place. We use external caterers and do not accept liability for any failure to meet special dietary requirements.

7.4 We do not accept any liability for your personal belongings or valuables at our Qualifications.

Terms and Conditions for Public Fundraising

1.0 Background

1.1 The Chartered Institute of Fundraising (CIOF) has a public fundraising levy scheme in place, which applies to all charities and not-for-profit organisations (Organisational Members) which benefit from face-to-face fundraising via a Corporate Member or directly as an Organisational Member that has an in-house team.

1.2 By utilising the CIOF public fundraising services, you agree to these terms and conditions.

1.3 By utilising the CIOF public fundraising services, you are demonstrating a strong commitment to delivering compliant and ethical standards of public fundraising.

1.4 Charities and third parties alike also benefit from a targeted external affairs programme, guidance, toolkits, training and events. The desired impact of the service is a sector-wide improvement in standards, as well a continuous improvement in the perception of fundraising from the public.

1.5 The levy covers the cost of all the CIOF’s activities related to public fundraising. Some of these services are only available to CIOF Organisational Members that pay the levy and CIOF Corporate Members that submit levy returns on behalf of their Organisational Member clients:

1.5.1 Access to the diary management of more than 100 street public fundraising diaries across England, Wales and Scotland. A full list of these diaries can be found here: https://ciof.org.uk/about-us/what-were-doing/compliance/local- authorities/find-or-request-an-sma

1.5.2 Attendance at the CIOF’s public fundraising meetings, convening with peers on key issues facing the sector and an opportunity to shape guidance. Organisational Members will be invited to join the Public Fundraising Organisational Members Forum, while Corporate Members and Organisational Members that have in-house teams will be invited to join the Public Fundraising Operational Management Panel.

1.5.3 Free on-demand training for staff, helping to drive the highest standards in public fundraising. Training will be launched in 2025.

1.5.4 Bi-annual benchmarking, covering key performance indicators, attrition and complaints for face-to-face fundraising, as well as telemarketing. All data is anonymised and the completed survey allows Organisational Members to compare their performance against industry standards.

1.5.5 CIOF engagement with local councils and Business Improvement Districts to protect and improve existing fundraising sites and explore and secure new ones.

1.5.6 An independent mystery shopping programme, covering regular giving and lottery sign-ups at private sites. The mystery shopping programme contracts agents who pose as ordinary members of the public to sign-up for regular gifts to charity. The agents then write up reports, which are made available for the relevant member(s). (See separate Public Fundraising Mystery Shopping Participation Agreement and Private Site Mystery Shopping Terms of Reference which can be obtained by email on request to publicfundraising@ciof.org.uk) The CIOF also plans to re-introduce regular compliance reporting, enabling participants to compare themselves against the industry standard.

1.6 The levy also helps to fund our work on public fundraising advocacy for members and the wider sector, including engagement with the media and the Fundraising Regulator as appropriate, and to produce fundraising guidance & advice, helping members to deliver the highest standards in public fundraising.

1.7 The levy applies to all public fundraising sign-ups, including those that don’t go on to make a first payment.

2.0 The process

2.1 A monthly record (levy return) will be submitted to the CIOF each month via the CIOF website. This record will either be submitted by the Organisational Member, where they run in-house operations, or by the Corporate Member where the Organisational Member outsources its public fundraising activities.

2.2 The record will identify the number of public fundraising sign-ups to obtain a promise of a regular donation over the previous calendar month, broken down by type of public fundraising, e.g. street, private site or door-to-door, and by geographical area.

(Note: This refers to all forms signed at the point of contact between the charity representative and the individual in the street, at a private site venue or at their home where the intention was to set up a donation on a regular basis to an Organisational Member. The information supplied should be broken down by region according to where the fundraising activity took place and not on the supporter’s home post-code).

2.3 On receipt of this information, the CIOF will invoice each Organisational Member to collect a levy for each person that signed up. The levy is non-refundable if a donor does not actually commence making donations.

2.4 Where an Organisational Member or a Corporate Member wishes to begin public fundraising, they will need to contact the CIOF to create the necessary forms on the CIOF website before the monthly records can be submitted.

3.0 Fees Charged

3.1 All Organisational Members engaging in public fundraising on the door (standard regular giving), street or private site (standard regular giving & lottery) are required to pay the levy, which will continue to fund the public fundraising services provided by the CIOF. The rates are:

3.2 The prompt collection of these levies will ensure that the CIOF service around public fundraising remains self-financed and can respond to members’ needs. Collection is requested by BACS and payments should reference the respective invoice(s).

3.3 Levy amounts may be reviewed from time to time. Members will receive 3 months' notice of any change in rates.

3.4 Members will be consulted prior to any additional levies being implemented and 3 months' notice will be given for the introduction of new fundraising channels

 in the levy scheme.

4.0 Chartered Institute of Fundraising’s Responsibilities

4.1 The CIOF has the following responsibilities:

4.1.1 Promote good practice in public fundraising for regular gifts to non-profit organisations.

4.1.2 Administer, or help to administer, diaries for street fundraising in three separate systems by which CIOF members are allocated fundraising sites throughout the UK:

Administer, or help to administer, diaries for street fundraising in three separate systems by which CIOF members are allocated fundraising sites throughout the UK:

(Further information on the diary system can be found in CIOF’s Site Management handbook which can be obtained by email on request to publicfundraising@ciof.org.uk)

4.1.3 Administer a clash avoidance system for Door-to-Door fundraising in London (DVMS) by which members secure postcodes where they can fundraise avoiding instances of clashes with other professional fundraising organisations (PFOs). (Further information on DVMS can be found in CIOF’s DVMS Management Statement which can be obtained by email on request to publicfundraising@ciof.org.uk)

4.2 Deal promptly and fairly with diaries and allocations management.

4.3 Notify and seek views of Members of any proposed new Site Management Agreements.

4.4 Notify Members promptly of new Site Management Agreements concluded and provide timely information about implementation and management.

4.5 Keep all financial and other business sensitive information provided by Members in respect of the public fundraising services confidential from other Members, and only to distribute such information in formats which prevent identification of their source.

4.6 Engage with legislative processes which require information about the self-regulation of Public Fundraising and with the Fundraising Regulator’s Code consultations where relevant.

5.0 Corporate Members’ Responsibilities

5.1 Corporate Members have the following responsibilities:

5.1.1 Corporate Members are required to adhere to the Chartered Institute of Fundraising - Member Code of Conduct (ciof.org.uk) and Chartered Institute of Fundraising - Complaints and Disciplinary Rules (ciof.org.uk) (“Complaints Policy"), follow the Fundraising Regulator’s Code of Fundraising Practice and the Chartered Institute of Fundraising’s Rule Books.

5.1.2 Corporate Members should ensure that all the Organisational Members listed on their returns are members of the CIOF and encourage those that are not yet members to join.

5.1.3 All members of the CIOF which are engaged in Public Fundraising are encouraged to register with the Fundraising Regulator.

5.1.4 Corporate Members should complete a new client/campaign form via the website as soon as a new Organisational Member has completed their first month of public fundraising.

5.1.5 Corporate Members should ensure that their clients are aware of their responsibilities in the levy scheme.

5.1.6 The levy charge will be invoiced by the CIOF directly to the Organisational Member. Corporate Members do not need to collect any levy charges.

5.1.7 Corporate Members are required to submit levy returns by the 14th of each month.

5.2 Members must not:

5.2.1 Abuse the CIOF diary management systems by over-bidding for space.

5.2.2 Accept allocations which they have no intention of using.

5.2.3 Fail to release allocated sites which they are unable to use as soon as this is known.

5.2.4 Attempt to fundraise on a site or in an area, which has been allocated to another fundraising team.

5.2.5 Engage in or endorse any activity, which would be likely to bring the practice of public fundraising into disrepute.

6.0 Organisational Members’ Responsibilities

6.1 Organisational Members have the following responsibilities:

6.1.1 Organisational Members are required to adhere to the Chartered Institute of Fundraising - Member Code of Conduct (ciof.org.uk) and Chartered Institute of Fundraising - Complaints and Disciplinary Rules (ciof.org.uk) (“Complaints Policy"), follow the Fundraising Regulator’s Code of Fundraising Practice and the Chartered Institute of Fundraising’s Rule Books.

6.1.2 Organisational Members will pay the levy charges on receipt of invoice.

6.1.3 Where Organisational Members use purchase orders, these should be provided to the CIOF on a timely basis to enable the CIOF to issue the levy invoices.

6.1.4 Organisational Members should encourage the agencies that they work with in the UK that are not members to become members of the CIOF.

6.1.5 Consider giving preference to CIOF members in the activity of public fundraising. (For the avoidance of doubt there is no obligation to refer work to other CIOF members).

6.1.6 All members of the CIOF which are engaged in Public Fundraising are encouraged to register with the Fundraising Regulator.

6.1.7 Where Organisational Members have in-house public fundraising activities, their levy returns should be submitted by the 14th of each month.

6.2 Members must not:

6.2.1 Abuse the CIOF diary management systems by over-bidding for space.

6.2.2 Accept allocations which they have no intention of using.

6.2.3 Fail to release allocated sites which they are unable to use as soon as this is known.

6.2.4 Attempt to fundraise on a site or in an area, which has been allocated to another fundraising team.

6.2.5 Engage in or endorse any activity, which would be likely to bring the practice of public fundraising into disrepute.

7.0 Failure to Comply with These Terms

7.1 In the event of a Member’s failure to comply with these terms the CIOF may take any of the steps noted in this section of these terms:

7.2 In the first instance the CIOF will notify the relevant Member of the CIOF’s concerns, remind the Member in writing of their obligations and request confirmation that the Member will comply in future

7.3 If a Member fails to provide their Public Fundraising staff with the privacy notices required for the mystery shopping services, the CIOF may suspend these services until it is assured that privacy notices have been supplied.

7.4 Any Member refusing to pay monies owed shall be subject to the following sanctions:

7.4.1 The Member will be reminded in writing that in order to access the Public Fundraising Services they are required to pay the fees.

7.4.2 The Member will not be able to access Street sites controlled by the CIOF.

7.4.3 The Member will not be able to secure Door-to-Door postcodes for London by taking part in DVMS.

7.4.4 The Member will not be included in any active Mystery Shopping Programmes being run by the CIOF.

7.5 If no agreement to pay monies owed is forthcoming, or such an agreement is not followed, the CIOF may seek to recoup funds by legal means and withdraw Public Fundraising Services.

7.6 Should there be a complaint regarding professional misconduct or should CIOF believe that the Code of Fundraising Practice and the Rules are not being complied with despite feedback and reminders, the matter will be brought to the CIOF’s Head of Professional Conduct (or other equivalent person) for review at which point the CIOF's Complaints Policy may be invoked. While investigations are underway, the Member may be suspended as a Member and/or Public Fundraising Services may be suspended.

8.0 Term of Agreement

8.1 This agreement shall come into force on the date on which the CIOF performs any public fundraising service for an Organisational or Corporate Member and shall remain in full force and effect for as long as the CIOF is providing Public Fundraising Services or until terminated earlier in accordance with these Terms and Conditions Agreement (see Termination of Services section below).

9.0 Termination of Services

9.1 A Member shall cease to be supplied with services by the CIOF:

9.1.1 on 3 months’ notice from the CIOF, or

9.1.2 if sums due to CIOF remain unpaid seven days after notice is served by the CIOF that services will be terminated if no payment is received, or

9.1.3 if they cease to be members of the CIOF, or

9.1.4 in the event that the Member organisation goes into liquidation or is wound up.

9.2 In the event of termination of membership, the former member remains liable for all fees, levies and any other sums invoiced by CIOF that are still outstanding from their period of membership. The fee for any unexpired period of membership will not be refunded.

9.3 Termination or expiry of these terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these terms which existed at or before the date of termination or expiry.

9.4 Any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these terms shall remain in full force and effect.

10.0 Confidentiality

10.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as included below.

10.2 Each party may disclose the other party's confidential information:

10.2.1 to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under these terms. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this section (Confidentiality); and

10.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

10.3 Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under these terms.

11.0 Intellectual Property Rights

11.1 For the purposes of these terms, the CIOF’s Intellectual Property Rights are defined as patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

11.2 All Intellectual Property Rights in or arising out of or in connection with the Public Fundraising Services (other than Intellectual Property Rights in any materials provided by the Member) shall be owned by the CIOF.

11.3 The CIOF grants to the Member or shall procure the direct grant to the Member of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of these Terms and Conditions to copy and modify the reports and other materials prepared by the CIOF as part of the Public Fundraising Services (excluding materials provided by the Member) for the purpose of receiving and using the Public Fundraising Services.

11.4 The Member shall not sub-license, assign or otherwise transfer the rights granted in this agreement.

11.5 The Member grants the CIOF a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Member to the CIOF for the term of the provision of the Public Fundraising Services for the purpose of providing the Public Fundraising Services to the Member.

12.0 Limitation of Liability

12.1 References to liability in this section include every kind of liability arising under or in connection with these terms including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 Nothing in this section (Limitation of Liability) shall limit the Member’s payment obligations under these terms and neither party may benefit from the limitations and exclusions set out in this section in respect of any liability arising from its deliberate default.

12.3 Nothing in these terms limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence and fraud or fraudulent misrepresentation

12.4 Subject to clauses above, the CIOFs total liability to the Member for loss or damage shall not exceed £100,000.

12.5 Subject to clauses above, the types of losses that are wholly excluded are loss of profits, loss of donations, sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.

12.6 This section (Limitation of Liability) shall survive termination of these terms.

13.0 General

13.1 Force majeure. Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.

13.2 Assignment and other dealings: The CIOF may at any time assign, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these terms. The Member shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these terms without the prior written consent of the CIOF.

13.3 Variation. The CIOF may amend, update or vary these terms unilaterally at any time provided the Members have been given 3 months’ notice.

13.4 Waiver. A waiver of any right or remedy under these terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

13.5 Severance. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms. If any provision or part-provision of these terms deleted under this clause, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

13.6 Third party rights. Unless it expressly states otherwise, these terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary these terms are not subject to the consent of any other person.

13.7 Governing law. These terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

13.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation.

If you need to contact the CIOF about anything related to these Terms and Conditions, please email us at publicfundraising@ciof.org.uk.

 

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