Terms and Conditions
These terms and conditions apply between you, the Customer, and DonorChase, the provider of the DonorChase software and this Website. They govern your access to and use of the Service. By signing up for, accessing or using the Service, you agree to these terms. If you are agreeing to them on behalf of a school, charity or other organisation, you confirm that you have the authority to bind that organisation to them. Please read these terms carefully.
Definitions and interpretation
In these terms, the following definitions are used:
- Accounting System: the third party accounting software, such as Xero or QuickBooks, that the Customer connects to the Service;
- Customer or you: the organisation that subscribes to the Service, and where the context requires, its Users;
- Customer Data: all data that the Customer or its Users enter into the Service, and all data the Service imports from the Customer's Accounting System, including details of donors, invoices and payments;
- Fees: the subscription fees for the Service, as set out on our pricing page or as otherwise agreed with you in writing;
- Service: the DonorChase donation tracking software, available at app.donorchase.com, together with any support we provide;
- User: any individual the Customer invites to use the Service;
- We or us: DonorChase; and
- Website: www.donorchase.com and app.donorchase.com.
In these terms, unless the context requires a different interpretation, the singular includes the plural and vice versa, "including" is understood to mean "including without limitation", and the headings do not form part of these terms.
The Service
DonorChase helps schools and charities track donations and voluntary contributions, and organise the follow-up of outstanding amounts. Subject to these terms and to payment of the Fees, we grant you a non-exclusive, non-transferable right for your Users to use the Service for your organisation's internal purposes during your subscription.
We may improve and change the Service from time to time. We will not make a change that materially reduces the core functionality of the Service during a period you have paid for.
Your account and Users
You are responsible for the accuracy of the information you give us, for everything done under your account, and for your Users' compliance with these terms. You must keep login details confidential and tell us promptly at info@donorchase.com if you believe your account has been accessed without permission.
You must not use the Service unlawfully, attempt to gain unauthorised access to it or to other customers' data, interfere with its operation, or copy, resell or reverse engineer it.
Connecting your Accounting System
The Service works by connecting to your Accounting System, which you authorise through that system's own secure sign-in. We never ask for your Accounting System password. The Service reads your contacts, invoices, credit notes, payments and overpayments, and synchronises them automatically each evening and whenever a User requests it. The Service does not create, change or delete data in your Accounting System.
You can disconnect your Accounting System at any time from within that system, and Xero can also be disconnected from the Xero Connection page in the Service. While disconnected, the Service keeps the data already imported but stops synchronising.
Your use of your Accounting System is governed by your agreement with its provider. We are not responsible for the availability or accuracy of the Accounting System, or for the data held in it.
Fees and payment
The Fees depend on the value of invoices your organisation raises each year, as set out on our pricing page. Fees are payable annually, or monthly or termly where we have agreed this with you, in advance and within 30 days of invoice. Fees are stated exclusive of VAT, which will be added where applicable.
We may change the Fees by giving you at least 30 days' notice before your next billing period. If you do not agree to the change, you may end your subscription before it takes effect.
If Fees remain unpaid after we have reminded you, we may suspend access to the Service until they are paid.
Your data
You own the Customer Data. You grant us the right to use it only as needed to provide, support and improve the Service, and as required by law.
Where the Customer Data includes personal data, such as the names and contact details of donors, you are the controller of that personal data and we process it on your behalf as your processor, in accordance with UK data protection law, including the UK GDPR and the Data Protection Act 2018. In particular, we will:
- process the personal data only on your documented instructions, which these terms and your use of the Service constitute;
- ensure that people authorised to process it are bound by confidentiality;
- keep it secure using appropriate technical and organisational measures;
- assist you, where reasonable, in responding to requests from individuals exercising their rights, and in meeting your own obligations regarding security and data breaches;
- notify you without undue delay after becoming aware of a personal data breach affecting the Customer Data; and
- at the end of your subscription, delete or return the personal data at your choice, unless the law requires us to keep it.
You are responsible for having a lawful basis for the personal data you provide or import, and for the content of any messages your Users send to donors, including those prepared from templates or links in the Service.
Our handling of personal data collected through this Website is described in our Privacy Policy.
Support and availability
Support is included in your subscription, by email and phone, and we aim to respond to any query within 24 hours. We aim to keep the Service available at all times, but it may occasionally be unavailable for maintenance or for reasons outside our control, including outages of your Accounting System.
Confidentiality
Each of us will keep confidential any information received from the other that is marked as confidential or would reasonably be regarded as confidential, and will use it only in connection with the Service. This does not apply to information that is public through no fault of the recipient, or that must be disclosed by law.
Intellectual property
We, or our licensors, own all intellectual property rights in the Service and this Website. Nothing in these terms transfers those rights to you. If you send us suggestions or feedback, we may use them without obligation to you.
Liability
The Service is a tool to help you manage donations. You remain responsible for your organisation's financial records, your decisions about contacting donors, and checking the information the Service shows against your Accounting System.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited by law.
Subject to that, neither of us is liable to the other for any loss of profits, revenue, donations or goodwill, or for any indirect or consequential loss. Our total liability to you arising out of or in connection with these terms in any 12 month period is limited to the Fees you paid in that period.
Term and termination
Your subscription continues for the billing period you have paid for and renews automatically for the same period, unless either of us gives notice to end it before the renewal date. You can give notice by emailing info@donorchase.com.
Either of us may end the subscription immediately by written notice if the other commits a material breach of these terms and does not remedy it within 30 days of being asked to.
When your subscription ends, your access to the Service stops and we will disconnect the Service from your Accounting System. You may ask us for an export of your Customer Data within 30 days of the end of your subscription, after which we will delete it unless the law requires us to keep it.
General
Neither of us will be liable for any delay or failure to perform caused by events outside our reasonable control.
You may not transfer your rights under these terms to any other person without our consent. We may transfer our rights under these terms where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of these terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
These terms, together with any order or pricing agreed with you in writing, are the entire agreement between us about the Service.
These terms will be governed by and interpreted according to the law of England and Wales. All disputes arising under them will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to these terms
We may update these terms from time to time. We will give you at least 30 days' notice by email of any change that materially affects you, and the updated terms will apply from your next billing period. If you do not agree to a change, you may end your subscription before it takes effect.
You may contact DonorChase by email at info@donorchase.com.
