Last updated: October 2023
Please read these Terms and Conditions carefully. By applying to be (and continuing to be) a member of the GivenGain platform, each charity and similar organisation (each a “Charity” for the purposes of these Terms and Conditions) is agreeing to these Terms and Conditions. If the Charity does not wish to be bound by these Terms and Conditions, the Charity should not continue to use or access any of the GivenGain Services (as defined below)
GivenGain operates its business in a number of countries and Sections 1 to 15 of these Terms and Conditions (the “core terms”) apply to all Charities, wherever they are located. Different and additional terms (displayed after the core terms) may apply depending on the type of Charity and where a Charity is based, as described below.
GivenGain operates a website at www.givengain.com which allows users to create fundraising pages, for users to donate to those pages and for Charities to access data about those pages (together, the “GivenGain Services”). The Terms and Conditions govern the Charity’s use of the GivenGain Services.
Please note that separate terms and conditions apply (in addition to these Terms and Conditions) for the use of certain GivenGain products or services, such as APIs.
GivenGain may change or update these Terms and Conditions from time to time. The current version of the Terms and Conditions will be available on www.givengain.com. It is the Charity’s responsibility to access and check these Terms and Conditions whenever the Charity accesses or uses the GivenGain Services. The latest version of these Terms and Conditions will govern any future usage by the Charity of the GivenGain Services.
These Terms and Conditions supersede and replace all previous versions of the Terms and Conditions.
1. Term & Membership
1.1 For the purposes of these Terms and Conditions, “Commencement Date” shall mean the date from which the Charity is notified that the Charity has been successfully registered to use the GivenGain Services (which shall be at GivenGain’s sole discretion). GivenGain shall provide the GivenGain Services to the Charity and the Charity shall comply with these Terms and Conditions until the membership is validly terminated.
1.2 Membership is for a minimum period of one (1) month from the Commencement Date and thereafter from month to month until terminated by written notice by either party to the other, in accordance with Section 10.1 below. Please see Section 10 of these Terms and Conditions for further termination provisions.
2. GivenGain’s Obligations
Donations and Funds Earmarked for Charities
2.1 Donations are being made to the GivenGain Foundation. GivenGain’s associated Foundations have been granted recognition as Charitable institutions by their applicable regional authorities, and registered as such. The Foundations were formed to receive donations and to disburse those donations to charities in the form of grants to further charitable purposes as defined by regional regulation. Grants will only be made to an Eligible Charity registered with their regional authority.
2.2 The Foundations make every effort to ensure that all charities on the platform are eligible to receive donations. However, if the organisation identified by the donor is not an Eligible Charity, the Foundations shall notify the donor to provide the opportunity to identify another Eligible Charity to receive the contribution. If the donor does not identify an Eligible Charity to receive the funds within thirty (30) days of the Foundation providing notice to the donor, the Foundation has the right to redirect the contribution to another Eligible Charity which, in the sole discretion of the Foundation, operates for substantially similar purposes as the Eligible Charity initially identified by the donor.
2.3 GivenGain will maintain all donations received, and earmarked for charities in a designated donations account held at their regional specific bank. These funds will be held for a minimum of two weeks before being eligible to be included in the transfer minimum, as specified by the charity. Accumulated funds that have reached their transfer minimum will be transferred (see clause 2.5.2) to charities every Monday.
2.4 GivenGain will operate the GivenGain Services so that donors can make online donations by credit or debit card, or by any other payment method made available by GivenGain, through a Fundraising Page set up for the Charity or on the Charity’s area on the GivenGain website.
2.5 GivenGain will set up arrangements to ensure that all donations received by GivenGain (after deduction of bank processing charges, GivenGain’s transaction fees and applicable sales taxes, as described in Section 6) are:
2.5.1 paid into a separate donations account and are held in accordance with clause 2.3; and
2.5.2 paid out by automated bank transfer from the designated donations account to the Charity’s validated bank account. Please click here for more details on transfer schedules.
2.6 GivenGain will provide information systems design, testing and verification standards and requirements in accordance with good industry practice to ensure that donors’ credit cards and debit cards are debited and the designated donations account is credited in a secure manner.
Support and Donation Acknowledgements
2.7 GivenGain will send prompt e-mail acknowledgements to donors in respect of each donation made to the Charity via the GivenGain Services.
2.8 GivenGain will respond to fundraisers’ and donors’ account enquiries that it receives.
Personal Information
2.9 GivenGain will capture personal information including but not limited to the fundraiser’s and the donor’s name, title, address and email address (“Personal
Information”) at all times in accordance with local privacy laws, regulatory requirements and guidance as updated and amended from time to time including
such laws, regulatory requirements and guidance applicable in the territory where donors and fundraisers access the Website (“Local Privacy Laws”) and protect and secure such information. Charities should refer to the GivenGain User Terms of Service and GivenGain Privacy Policy for more details of how GivenGain operates its services, processes Personal Information and uses cookies. For the avoidance of doubt this Section 2.7 does not imply that GivenGain will share such information with the Charity, but selected Personal Information shall be shared with the Charity in accordance with Section 2.9 below.
2.10 To the maximum extent possible under applicable law, GivenGain will abide by the instructions of all fundraisers and donors in respect of their Personal Information.
2.11 Subject to the Charity paying the Fees in accordance with Section 6 below, GivenGain will provide all Charities, except those on the starter plan, with access to a secure, password-protected account on the Website where the Charity can view and download details of donations made to the Charity, details of payments made by GivenGain to the Charity and updates on fundraiser and donor details (“Charity Account”), all such information to be provided by GivenGain in strict compliance with:
2.11.1 the applicable Local Privacy Laws as they apply to the relevant fundraisers and donors;
2.11.2 the privacy laws referred to in the country specific terms relevant to the Charity; and
2.11.3 any other privacy laws, regulatory requirements and guidance which are relevant to the processing of Personal Information throughout the world, (together, “Global Privacy Laws“).
2.12 GivenGain will not sell, trade or rent Personal Information to third parties.
Records and Audit Requirements
2.13 GivenGain will keep proper records of all donations and income received and expenses incurred for such period as may from time to time be required by the applicable local governmental revenue body, and maintain records which relate to the Charity and the performance of the obligations hereunder (to which the Charity may, subject to the Global Privacy Laws, have access and take photocopies of at its own expense on request and at reasonable times).
2.14 GivenGain will, via the Charity Account, provide each Charity with the ability to download reports outlining: the number of donations received, the value of the donations received, and (where applicable) the transaction fees deducted from the total donations in accordance with Section 6.
Site Maintenance and Miscellaneous
2.15 GivenGain will comply at all times with all applicable laws and applicable authority, licence, permit or registration requirements.
2.16 GivenGain will undertake planned maintenance and upkeep of the GivenGain Services.
Intermediary
2.17 GivenGain, as operator of the GivenGain Services, acts as an intermediary between the Charity and the individual users of the GivenGain Services. Whilst the Charity and the individual user information resides on the GivenGain Services, GivenGain does not check or exercise any editorial control over the content of such information, save as required by applicable local laws. In the event that GivenGain is made aware of or has knowledge of any unlawful activity or information on the GivenGain Services, GivenGain shall promptly act to remove or disable access to the information. GivenGain shall not be liable to the Charity as a result of its role as intermediary and is not required to notify the Charity of any such removal or disablement of access to information.
3. Charity’s Obligations – General
3.1 The Charity will ensure that all content (including text and images) supplied by it to GivenGain for display on the GivenGain Services or which it itself posts on any of the GivenGain Services (including, in each case, links to any third party sites or content) will not violate any law or regulation or be defamatory, misleading, obscene or breach any intellectual property rights of a third party or breach any right of or duty owed to a third party.
3.2 The Charity will provide written confirmation to GivenGain of any donations (including any Gift Aid reclaimed on the same) that it permits GivenGain to reimburse to the donor. GivenGain will not permit refunds without prior written consent from the Charity, unless required by applicable local laws, and notwithstanding clause 2.2.
3.3 Subject to local applicable laws, the Charity will permit GivenGain to deduct such refunds, and any chargebacks arising, from subsequent donations payable to the Charity. Should no donations arise within one (1) week of the refund or chargeback GivenGain reserves the right to invoice the Charity for the refunds and chargebacks, and the Charity agrees to settle that invoice within one (1) month of the invoice date.
3.4 The Charity will maintain the necessary authority, permit, licence, consent, approval and registration for it to fundraise (and, where applicable, for GivenGain to fundraise on its behalf) in accordance with applicable local laws and if GivenGain needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the Charity then the Charity will, at no cost to GivenGain, provide all such assistance as GivenGain reasonably requires to assist GivenGain with the same.
3.5 The Charity will inform GivenGain immediately if, for any reason, it:
3.5.1 ceases to carry on operating for charitable purposes;
3.5.2 is found to be engaged in any corrupt or immoral practices;
3.5.3 is subject to any investigation or inquiry which could result in the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws being suspended, revoked or withdrawn; or
3.5.4 ceases to have the necessary authority, permit, licence, consent, approval and/or registration for it to operate as a charity in accordance with applicable local laws.
3.6 The Charity will promptly provide any information reasonably requested by GivenGain in order for GivenGain to be able to provide the GivenGain Services to the Charity effectively.
3.7 The Charity will ensure that, in each case where a donor is advised that his/her donation will be used for a specific purpose, appeal or outcome (including but not limited to all GivenGain Campaign pages), the donation is used only for that specific purpose, appeal or outcome.
3.8 The Charity will comply with all applicable laws and regulations in its use of the GivenGain Services.
3.9 The Charity will maintain the security and confidentiality of any passwords provided by GivenGain for the purpose of accessing the Charity Account and shall not share these passwords with any third party. GivenGain shall not be liable for and accepts no responsibility for misuse of any Charity Account.
3.10 The Charity represents, warrants and undertakes to GivenGain that: 3.10.1 these Terms and Conditions have been accepted and agreed to by a sufficient
number of its duly authorised representatives; and
3.10.2 any documents provided to GivenGain as part of the Charity’s application for registration or maintenance of such registration) have been or shall be executed by a sufficient number of its duly authorised representatives.
4. Charity’s Obligations – Data Protection and Direct Marketing
4.1 To the extent that the Charity’s use of the GivenGain services results in access to any Personal Information, the Charity will:
4.1.1 at all times assist with the responsibilities of GivenGain, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Global Privacy Laws;
4.1.2 not do, or cause or permit to be done, anything which may result in a breach by GivenGain of the Global Privacy Laws and comply with all reasonable instructions from GivenGain relating to the processing by the Charity of such Personal Information;
4.1.3 comply with the Local Privacy Laws in respect of the Charity’s collection, use, disclosure or processing of the Personal Information;
4.1.4 abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information;
4.1.5 not sell, trade or rent Personal Information to third parties;
4.1.6 hold the Personal Information securely and not disclose it to anyone other than GivenGain, as agreed to by the data subject and/or as permitted by Global Privacy Laws;
4.1.7 implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Global Privacy Laws, and abide by GivenGain’s reasonable requirements to ensure the security of the Personal Information as notified to the Charity from time to time;
4.1.8 use Personal Information appropriately and only for the specific purposes as notified to the Charity from time to time, including by way of the applicable privacy policy available on GivenGain’s Website; and
4.1.9 not retain any Personal Information for longer than is necessary.
4.2 In addition to its obligations under Section 4.1 above, if the Charity’s use of the GivenGain services results in access to any Personal Information and the fundraiser or donor has agreed to receive marketing communications from the Charity (as will be reflected in the Charity Account), the Charity will only send marketing communications to the fundraiser or donor to the extent that the fundraiser or donor:
4.2.1 has indicated their preference to receive such communications; and
4.2.2 has not indicated a preference or otherwise asked to stop receiving such communications. This includes the fundraiser or donor clicking an unsubscribe link or registering with any applicable preference service (which the Charity agrees it shall, to the extent it is required to do so, check before sending any communications).
Where use of the GivenGain services results in access to any Personal Information relating to a fundraiser but that fundraiser has not agreed to receive marketing communications from the Charity, as will be reflected in the Charity Account, the Charity shall only communicate with that fundraiser in relation to their specific fundraising page and shall not (unless separate consent is obtained by the Charity) communicate with that person for any other purpose (including marketing).
4.3 The Charity shall be liable for and indemnify GivenGain, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GivenGain which arise (directly or indirectly) out of or in connection with any breach of Sections 4.1 or 4.2 by the Charity.
5. Intellectual Property Rights and Licence
5.1 All intellectual property rights in the GivenGain Services and any material (including text, photographs and other images, trademarks and logos) contained in the GivenGain Services are either owned by GivenGain or have been licensed to GivenGain by the rights owner(s) for use as part of providing the GivenGain Services. Nothing in these Terms and Conditions shall operate as an assignment of any such intellectual property rights. GivenGain hereby grants to the Charity a personal, non-exclusive, non-transferable, royalty-free licence for the Charity to use the GivenGain Services for the sole purpose for which they are provided and in accordance with these Terms and Conditions.
5.2 The Charity hereby grants to GivenGain, its affiliates and its partners a non-exclusive, worldwide and royalty-free licence to use its name and logo in connection with the performance and promotion of the GivenGain Services.
5.3 The licences in Sections 5.1 and 5.2 shall terminate automatically on valid termination of the Charity’s membership in accordance with Section 10 below.
5.4 The Charity shall be liable for and shall indemnify GivenGain, its successors and assigns against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) incurred by GivenGain which arise (directly or indirectly) out of or in connection with any third party demand, claim or action alleging infringement of the third party’s intellectual property rights.
6. Fees
In consideration of using the GivenGain Services, the Charity shall pay the fees set out here: https://www.givengain.com/en/pricing - unless the donor chooses to cover these.
7. LIABILITY
7.1 GivenGain DOES NOT, AND NOTHING IN THESE TERMS AND CONDITIONS SHALL ACT TO, EXCLUDE OR LIMIT GivenGain’S OR THE CHARITY’S LIABILITY: (I) FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE; (II) FRAUD; (III) UNDER ANY INDEMNITY CONTAINED IN THIS AGREEMENT; OR (IV) ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED.
7.2 The Charity agrees that the GivenGain Services are provided on an “as is” and “as available” basis and that its use of the GivenGain Services is at the Charity’s sole risk. GivenGain does not guarantee continuous, uninterrupted, error or virus free or secure access to our Services and operation of the GivenGain Services may be interfered with by numerous factors outside of GivenGain’s control. On that basis, except as expressly set out in these Terms and Conditions, GivenGain does not enter into conditions, warranties or other terms in relation to the GivenGain Services, and they are excluded to the fullest extent permissible by law.
7.3 Subject to Section 7.1, in no event shall GivenGain be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which the Charity may claim to have suffered by reason of its (or any donor, fundraiser or other user) accessing and use of (or inability to access and use) the GivenGain Services or any part of them, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of donations, loss of Gift Aid, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, incidental consequential or special loss, however arising.
7.4 GivenGain may change the format and content of the GivenGain Services from time to time. In particular, the Charity should refresh its browser each time it visits the Website to ensure that the Charity downloads the most up to date version of the Website, including the latest version of these Terms and Conditions.
7.5 Subject to the other terms of this section 7, the total aggregate liability of GivenGain arising under or in connection with the Charity (or any donor, fundraiser or other user) accessing and using the GivenGain Services and inability to access or use the GivenGain SERVICES shall be limited to the total fees paid under these Terms and Conditions by the Charity during the preceding 12 months period ending on the date the circumstances giving rise to the liability arose.
7.6 Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages which means that some of the above limitations may not apply to Charities based on those countries. In these countries, GivenGain’s liability will be limited to the greatest extent permitted by law.
8. Insurance
Each party must at all times maintain such adequate insurances as are required by local applicable laws or as are customary for the parties to an agreement of the nature of these Terms and Conditions to maintain in the local marketplace.
9. Confidential Information
During the term of the Charity’s membership and for a period of seven (7) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of GivenGain’s Services and which is not in the public domain. No party shall use or disclose to any third party such information belonging to the other party without that party’s prior written consent, except where required to do so by applicable local law or regulatory or governmental body. This Section 9 shall survive termination of these Terms and Conditions.
10. Termination
10.1 In accordance with Section 1 above, notice of cancellation should be received no later than the 5th day of the final month that a Charity wishes to remain as a member Charity (or the preceding Friday where the 5th day falls on a weekend or national holiday) and all notices from a Charity must include the Charity’s full name and registered charity number. Such notice shall be deemed to have been received within five (5) business days if posted (att: finance department) and within twenty-four (24) hours if emailed ( [email protected]). Cancellation notices received after the 5th day of a given month (or the preceding Friday, where relevant) will usually be processed the same month, but this cannot be guaranteed.
10.2 In addition to the rights of each party under Sections 1 and 10.1 above, each party will have the right to terminate the use (and provision) of the GivenGain Services with immediate effect by notice in writing when, and at any time after, the other party commits an act of default (as defined below) or commits any act or threatens to do any act the direct result of which is to damage or is likely to damage the reputation of the other party. An act of default by either party shall occur if:
10.2.1 the party is wound up or a liquidator or examiner is appointed;
10.2.2 an administration order is made in relation to the party or a receiver or an administrative receiver is appointed over or an encumbrancer takes possession of or sells all of the party’s assets;
10.2.3 the party makes an arrangement or composition with its creditors generally;
10.2.4 the party ceases or threatens to cease to carry on its business;
10.2.5 any event analogous to the events listed in Sections 10.2.1 – 10.2.4 (inclusive) occurs in any territory in relation to the party or any step towards any such event or analogous event is taken by any person and not promptly dismissed or reversed.
10.3 In addition to its rights under Sections 1, 10.1 and 10.2 above, in the event that the Charity materially breaches any of these Terms and Conditions or if GivenGain reasonably considers that any of the events listed in Sections 3.5.1, 3.5.2, 3.5.3 or 3.5.4 apply (or are likely to apply), GivenGain may, at its sole discretion, without notice and with no liability to the Charity do one or both of the following:
10.3.1 suspend or terminate the Charity’s access to the GivenGain Services; 10.3.2 suspend any payments due to the Charity under Section 2.3.
10.4 To the maximum extent permitted by applicable law GivenGain, in any event, reserves the right to withdraw the GivenGain Services (or any part of them) from public access at any time, at its complete discretion.
11. Suspension of GivenGain Services
GivenGain may, in its sole discretion, without liability to the Charity, suspend the operation of any of the GivenGain Services in full or in part at any time, for example but without limitation for repair or maintenance work or in order to update or upgrade the contents or functionality of the GivenGain Services from time to time.
12. Notices and Entire Agreement
12.1 Notices referred to above should be made in writing and sent by registered post to the addresses given in the applicable country specific terms or, in the case of notices to be sent by or to GivenGain, by email to support@givengain.com.
12.2 These Terms and Conditions represent the entire agreement between GivenGain and the Charity and supersede and replace any other representations made orally or in writing.
13. Third Party Rights
A person who is not a party to these Terms and Conditions has no right to enforce any term of these Terms and Conditions.
14. Grievances from employees, complaints handling process and dispute resolution
Grievances from employees
14.1 Any grievances by employees of either party will be dealt with by that party.
Complaint handling procedure
14.2 GivenGain will promptly respond to any complaints from fundraisers or donors concerning the GivenGain Services.
14.3 GivenGain will maintain records relating to complaints it receives.
Dispute resolution
14.4 If a dispute arises under these Terms and Conditions or concerning its subject matter, either party may at any time give written notice to the other requesting that a meeting take place to seek to resolve the dispute. The nominated senior representatives of both parties must meet within five business days of the notice and try to resolve the dispute in good faith. If such a meeting does not take place or if five business days after the meeting the dispute remains unresolved, either party may pursue its rights at law.
14.5 Despite the existence of a dispute, each party must continue to perform its obligations under these Terms and Conditions.
14.6 Sections 14.4 and 14.5 do not restrict or limit the right of either party to obtain interim, protective or interlocutory relief, or to immediately terminate these Terms and Conditions where these Terms and Conditions provide such a right.
15. Governing Law
These Terms and Conditions and any contractual or non-contractual claim arising out of or in connection with a Charity’s use of the GivenGain Services are governed by the law, and subject to the jurisdiction of the courts, of the country set out in the country specific terms.
Additional terms for Charities in the United Kingdom
The local GivenGain entity and the company who provides the service to Charities based in the UK is GivenGain UK Foundation, whose registered office is at Bank House, 81 St Jude’s Rd, Englefield Green, Egham, Surrey, TW20 0DF (charity no. 1204486).
The following provisions apply in addition to (and in the event of any conflicts will prevail over) the core terms, and section numbers below relate to the corresponding sections in the core terms:
1. Personal Information
1.1 In addition, the Charity can view and download updates on Gift Aid reclaims if it has a Charity Account.
1.2 The applicable Local Privacy Laws in the United Kingdom include, without limitation, the Data Protection Act 2018, the retained EU law version (converted by section 3 of the European Union (Withdrawal) Act 2018) of the General Data Protection Regulation (EU) 2016//679 (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), in each case, as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time thereunder.
2. Records and Audit Requirements
2.1 In addition, GivenGain will keep proper records of all tax reclaims for the relevant period.
3. Miscellaneous
3.1 The applicable local fundraising laws which GivenGain are required to comply with in the United Kingdom shall include, without limitation, the Charities Act 1992, the Charities Act 2011 and the Charitable Institutions (Fundraising) Regulations 1994.
4. PCI Compliance
4.1 GivenGain has implemented PCI standards regarding secure storage of data and strong access control to achieve level 3 PCI compliance via our payments provider for the GivenGain Services.
5. Gift Aid
5.1 GivenGain will offer all donors who are UK taxpayers the option of making donations in a manner that makes them eligible for Gift Aid reclaims.
6. Charity Obligations – General
6.1 The Charity acknowledges and agrees that GivenGain is required to maintain records of Gift Aid and authorises GivenGain to maintain such records for as long as considered necessary by GivenGain.
7. Fees
Service & Transaction Fees
7.1 The Charity shall pay to GivenGain a service fee and transaction fee on each donation as detailed here (unless covered by the donor), and;
7.2 The Charity hereby authorises GivenGain, subject to applicable local laws, to deduct the Service Fee and Payment Processing Fee together with applicable taxes from each donation before paying the balance to the Charity - unless these are covered by the donor.
8. Confidential Information
The applicable local laws in the United Kingdom, which may require disclosure of otherwise confidential information, include, without limitation, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
9. Governing Law
The governing law for the purpose of Section 15 is the law of England, and the English courts have exclusive jurisdiction.
Additional terms for Charities in the Republic of Ireland and other countries within the Eurozone
The local GivenGain entity and the company who provides the service to Charities based in the Republic of Ireland and in any other country within the Eurozone is GivenGain Foundation (foundation no. CHE-114.835.299) whose registered office is at Avenue Centrale 122, 1884 Villars-sur-Ollon, Vaud, Switzerland.
The following provisions apply in addition to (and in the event of any conflicts will prevail over) the core terms, and section numbers below relate to the corresponding sections in the core terms:
1. GivenGain’s Obligations
1. Personal Information
1.1 The applicable Local Privacy Laws in the Republic of Ireland and in other countries within the Eurozone include, without limitation, the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016//679 (GDPR) and the European Communities (Electronic Communications Network and Services) (Privacy and Electronic Communications) Regulations 2011 SI No 336/2011, in each case, as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time thereunder.
2. Fees
Service & Transaction Fees
2.1 The Charity shall pay to GivenGain a service fee and transaction fee on each donation as detailed here (unless covered by the donor), and;
2.2 The Charity hereby authorises GivenGain, subject to applicable local laws, to deduct the Service Fee and Payment Processing Fee together with applicable taxes from each donation before paying the balance to the Charity in accordance with Section 2.3 above.
2.3 No platform fee will be charged to the Charity on the donation other than the Payment Processing Fee. Instead, a donor will be presented with the option of making a voluntary contribution to GivenGain for the operation of the GivenGain Services, and any such voluntary contribution made by a donor will be retained by GivenGain.
3. Governing Law
The governing law for the purpose of Section 15 is the law of the Republic of Ireland, and the courts of the Republic of Ireland have exclusive jurisdiction.
