EnviroCharity terms and conditions.

1. About these terms

EnviroCharity is our charity fundraising programme. It lets a charity's supporters trade in their old phones, tablets, laptops and other tech with us and give some or all of the value to that charity.

These terms apply between Envirofone Limited ("Envirofone", "we", "us"), a company registered in England and Wales with company number 10452936 and registered office at Unit 37a Sisna Park Road, Plymouth, Devon, PL6 7FH, and the charity that signs up to EnviroCharity ("your charity", "you"). By signing up, the person completing the sign-up form confirms that they have read these terms and accepts them on behalf of your charity.

In these terms:

• a supporter is anyone who trades in a device with us and chooses to give some or all of its value to your charity;
• commission is the money your charity earns through EnviroCharity, meaning the share of a supporter's trade-in value that the supporter chooses to give to your charity; and
• a quarter is each three-month period ending on 31 March, 30 June, 30 September and 31 December.

Each supporter's trade-in is a separate contract between the supporter and us, made under our trade-in terms and conditions. Your charity is not a party to that contract.

2. Who can join

To join EnviroCharity, your charity must:

• be registered with the Charity Commission for England and Wales, the Office of the Scottish Charity Regulator or the Charity Commission for Northern Ireland, or be an exempt or excepted charity recognised by HM Revenue & Customs as a charity for tax purposes;
• hold a bank account with a UK bank in the charity's own name; and
• sign up through a trustee, employee or volunteer who is authorised to accept these terms on the charity's behalf.

We may ask for evidence of any of these, such as your charity's registration, governing document or a bank statement, before we approve your sign-up or make any payment.

3. Signing up and approval

Signing up is a request to join. Your charity becomes an EnviroCharity partner when we confirm, by email, that we have approved it. We review every sign-up and may decline one at our discretion, for example where we cannot verify a charity's details, or where its activities or campaigns could harm our reputation. We do not have to give a reason for declining.

It costs nothing to join or to take part. There is no fee, no minimum number of devices and no minimum amount to raise.

4. Your fundraising page

Once approved, we may create a page for your charity on envirofone.com showing your name, logo, a description of your cause and, if you set one, a fundraising goal. That page, and our checkout, may show the total your charity has raised through EnviroCharity, and supporters may choose your charity from a list of participating charities.

You must make sure that everything you give us for your page is accurate and that you have the right to let us publish it. We may edit, shorten or decline any content before or after it goes live, and we may take your page down at any time.

5. How commission is earned

When a supporter trades in a device, they decide at checkout how much of its value to give to your charity, from a share of it up to the whole amount. The supporter is told the amount going to your charity before they place their order, and it is confirmed to them by email.

Commission is earned on a trade-in only once:

• we have received and tested the device;
• the trade-in has completed under our trade-in terms, at the value confirmed after testing; and
• we have paid the supporter any part of the value they kept.

If a device is re-quoted after testing, the commission is the amount confirmed when the trade-in completes. No commission is earned on a trade-in that is cancelled, that the supporter rejects or has returned to them, or that cannot complete under our trade-in terms, for example because the device is reported lost or stolen, is blacklisted or remains activation locked.

We set the prices we offer for devices. We do not guarantee any level of trade-ins or any amount of commission.

6. Quarterly purchase orders and payment

Commission is paid quarterly. Within 30 days of the end of each quarter, we will send your charity a purchase order (PO) for the commission earned in that quarter, with a statement listing the trade-ins it covers and the commission each one earned.

We pay the amount on the PO by bank transfer, directly into your charity's own bank account, within 30 days of the date of the PO. If your charity's finance team needs to raise an invoice or receipt against the PO, please quote the PO number on it.

Commission is only ever paid to the charity itself. We will not pay it to an individual trustee, employee, volunteer or fundraiser, to a third-party fundraising platform, or to a bank account that is not in the charity's name.

There is no minimum payment: any commission earned in a quarter is included in that quarter's PO. If no commission is earned in a quarter, we will not send a PO for it.

If you think a PO or statement is wrong, please tell us within 60 days of receiving it. We will look into it and, if we have made a mistake, correct it on the next PO.

7. Corrections and reversals

If, after commission has been included in a PO, we find that the trade-in it came from should not have completed, for example because the device was reported lost or stolen, the supporter's payment was reversed or the trade-in was fraudulent, we may deduct that commission from your charity's next PO and will show the deduction on the statement.

If no further commission becomes due, we will not ask your charity to repay it, unless the commission was paid because of an error or misuse by your charity or by someone acting for it, or the payment was obtained by fraud.

8. Gift Aid, tax and accounting

Commission is paid by Envirofone, not by individual supporters, so Gift Aid cannot be claimed on it. Your charity must not make a Gift Aid claim on any commission or on any supporter's trade-in.

Your charity is responsible for how it records and accounts for the commission it receives, and for its own tax affairs.

9. Promoting your fundraiser

We encourage you to promote your fundraiser to your supporters. When you do, your charity must:

• describe the programme accurately: supporters trade their devices in with Envirofone, and your charity receives the share of the value they choose to give;
• not promise supporters any particular price, payment time or amount for a device, as prices are set by us when a supporter gets a quote and confirmed after testing;
• follow the Fundraising Regulator's Code of Fundraising Practice and any other rules that apply to your fundraising;
• only send marketing emails or texts to people who have agreed to receive them, in line with data protection and electronic marketing law;
• not bid on "Envirofone" or any of our other brand names as keywords in paid search advertising; and
• not collect, store or send devices on behalf of supporters, unless we have agreed this with you separately in writing. Each supporter sends their own device to us using the free postage we provide.

10. Names, logos and content

While your charity is an EnviroCharity partner, you allow us to use your charity's name, logo and the content you give us to run and promote your fundraiser and EnviroCharity on our website, in emails and on social media.

In the same way, we allow you to use the Envirofone name and logo, and to link to your fundraising page, to promote your fundraiser. Please use the versions we provide and do not change them or suggest that Envirofone endorses anything other than your fundraiser.

Each of us keeps ownership of its own names, logos and content. These permissions end when the partnership ends, except that we do not have to remove past posts, emails or other material published before then.

11. Personal data

Supporters are our customers, and we are the data controller of the personal data they give us when they trade in a device, as explained in our privacy policy. We will not share a supporter's personal details with your charity unless the supporter has asked us to. The statements that come with each PO show trade-in references, dates and amounts, not supporters' names or contact details.

We use the details of your charity's contacts to run your partnership, in line with our privacy policy. Your charity is responsible for the personal data it collects from its own supporters, including when promoting your fundraiser.

12. Fundraising law

Where Envirofone acts as a commercial participator under Part II of the Charities Act 1992, or under the equivalent rules in Scotland or Northern Ireland, these terms form the written agreement between your charity and us that those rules require. They set out the purpose of the arrangement, how the amount your charity receives is worked out (section 5), and how and when it is paid (section 6). At checkout, every supporter is shown the amount of their trade-in value going to your charity before they place their order.

13. Keeping your details up to date

Please tell us straight away by emailing [email protected] if your charity's contact details change, if it is removed from its charity register, or if it is merging, closing or becoming insolvent.

Bank details are a common target for fraud. Before we change the account your commission is paid into, we will confirm the change with a contact we already hold for your charity, and we may ask for a bank statement or letter in the charity's name. We may hold a payment until a change has been confirmed.

14. Ending the partnership

Your charity can leave EnviroCharity at any time by emailing [email protected]. We can end the partnership by giving you 30 days' notice by email, or straight away if your charity stops being a charity, becomes insolvent, breaks these terms, or acts in a way that we reasonably believe could harm our reputation, or if we close the EnviroCharity programme.

When the partnership ends:

• we will take your fundraising page down and stop offering your charity at checkout;
• trade-ins that supporters placed with a donation to your charity before then still earn commission once they complete; and
• we will pay any commission earned, but not yet paid, on the next quarterly PO, unless the partnership ended because of fraud, in which case we may withhold the commission affected.

15. Our liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

Subject to that, we are not liable to your charity for any loss of expected donations, income or fundraising, or for any indirect loss, and our total liability to your charity under these terms is limited to the amount of any commission that your charity has earned and that we have not yet paid.

16. Changes to these terms

We may change these terms, or change or close the EnviroCharity programme, by giving your charity at least 30 days' notice by email. If you do not agree to a change, you can leave the programme before it takes effect. Commission earned before a change takes effect is paid under the terms that applied when it was earned.

17. General

These terms, together with any written confirmation we send when we approve your charity, are the whole agreement between your charity and us about EnviroCharity. Nothing in them creates a partnership in the legal sense, a joint venture or an agency between us, and neither of us may make commitments on the other's behalf.

Your charity may not transfer its rights under these terms to anyone else without our written agreement. If a court finds any part of these terms unenforceable, the rest of them still apply. No one other than your charity and us has any right to enforce these terms.

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute about them, except that a charity registered in Scotland or Northern Ireland may also bring proceedings in its own courts.

Questions about these terms or your fundraiser can be sent to [email protected].