School Terms
PLEASE READ THESE SCHOOL TERMS CAREFULLY AND KEEP THEM FOR FUTURE REFERENCE.
- Introduction
1.1 These School Terms are between the School and Peters Limited (trading as “Support your school”) (“Peters”).
1.2 Our registered address is 120 Bromsgrove Street, Birmingham, B5 6RJ. Our company number is 02452340.
1.3 When we say "Peters", "we", "us" or "our" in these School Terms, we mean Peters Limited (trading as “Support your school”). When we say “School”, “you” or “your”, we mean you as a school or other education institution that is registered with Peters for the provision of the Donation Services.
1.4 Peters operates and provides (as the case may be) supportyourschool.org.uk (the "Donation Website") and other related systems and services as outlined in these School Terms (the “Donation Services”). The Donation Website allows donors to make online donations to a School through a fundraising page or website (set up by the School and hosted on the Donation Website or otherwise hosted or controlled by Peters). In addition, we may provide you with template letters, template e-mails, guidelines and support to assist your fundraising activities.
1.5 Our User Terms will apply to your use of the Donation Website and Donation Services.
1.6 In order for you to create your fundraising page or website, programming software, interfaces, tools and other related materials will be made available to you by us (“Development Tools”). Our Development User Terms will apply to your use of the Development Tools.
1.7 Our Privacy Policy will apply at all times.
- Your membership
2.1 In order to become a member of Peters and to remain eligible to be a member of Peters, you must be a school or other education institution.
2.2 Peters may decline any application for membership at its full discretion without explanation. Peters will carry out all checks that it deems necessary to verify the identity of the School. In certain circumstances additional verification may be required.
2.3 Following a successful application, you will become a member once our website systems have been set up to process payment transactions in respect of donors making donations to you. Your membership will continue until it is ended either by you or us in accordance with clause 6.
- You will not be eligible to receive any of the Donation Services until you have been notified that your application for membership has been successful and our website systems have been set up to process payment transactions in respect of donors making donations to you.
2.5 You must tell Peters immediately if you are no longer eligible to remain a member of Peters under clause 2.1.
- Donations and membership fees
3.1 Donors can use the Donation Website to make a donation to you. When donors make a donation, we will take the donation straightaway through a secure service (being the STRIPE payment portal).
3.2 In order to make a donation to you, donors will need to select you.
3.3 When we receive the donation, we will hold the money on trust for you and issue you with an account credit, code, voucher or other means of redeeming the donation.
3.4 You can only redeem donations with us by using donations for the purposes of buying books, furniture and other products from us. Our Terms of Sale will apply at all times to sales of books, furniture and others products by us to you.
3.5 We do not charge any fees or administration charges for taking donations or for your fundraising page or website. 100% of a donation to you is redeemable by you.
- How we will communicate with you
4.1 We will communicate with you using the details we hold for you.
4.2 In the event of a suspected or actual fraud or security threat, we will contact you by e-mail, letter or telephone (unless the law prevents us from doing so).
- Amending these School Terms
5.1 We can make changes to these School Terms by giving you notice by e-mail or letter before the change(s) take effect. We will give you at least 1 months’ notice (unless the change is to your benefit, in which case we will make the change straightaway and tell you about it as soon as practicable afterwards). You can end your membership without charge at any time during the notice period. If we do not hear from you during the notice period, we will assume that you have accepted the changes.
5.2 We can make changes to these School Terms in order to:
- a) take account of changes in technology or the systems we use;
- b) reflect a change in market conditions, or an actual or reasonably expected change in the costs of providing the Donation Services;
- c) meet our legal or regulatory obligations;
- d) make them clearer or more favourable to you, or to correct errors; and
- e) introduce or remove services, or to reflect changes to the way in which we manage the Donation Website and the Donation Services.
- Ending your membership
6.1 You may end your membership by sending a written notice to us. If you end your membership in accordance with this clause 6.1:
- a) Within 7 days of receipt of your written notice, we will stop accepting donations on your behalf and your fundraising page or website will be closed.
- b) Otherwise, these School Terms will continue to apply for 1 month from receipt of your written notice and we will continue to issue any account credit, code, voucher or other means of redeeming a donation due to you in accordance with these School Terms.
6.2 We may end your membership by giving you at least 2 months’ notice by e-mail or letter. The Donation Services will continue for 2 months following the notice at which point we will stop accepting donations on your behalf. Following the notice period, we will continue to issue any account credit, code, voucher or other means of redeeming a donation due to you in accordance with these School Terms.
6.3 If the other party has committed an act of material default under these School Terms, we and you may end your membership with immediate effect by sending written notice to the other party. An act of material default shall be considered to have occurred if:
- a) that party is wound up or becomes insolvent;
- b) that party commits any act, or threatens to do any act the direct result of which is to damage, or be likely to damage, the reputation of the other party; and/or
- c) in respect of the School, it loses its educational institution status.
- Your fundraising account and fundraising page and website content
7.1 We may provide you with access to an online password-protected user account accessible through the Donation Website (the “School Fundraising Account”).
7.2 You are responsible for your own internal password security control, for all use of your School Fundraising Account and for keeping your details on your School Fundraising Account accurate and up-to-date.
7.3 We operate the Donation Website for the purposes of carrying out the Donation Services. We will provide you with a public webpage or website to allow you to promote your fundraising aims and objectives (“your Fundraising Website”). You are responsible for ensuring that your Fundraising Website is accurate and up-to-date.
- You must not post content for display on your Fundraising Website or any other part of the Donation Website (including any links to other websites and the content of those linked websites) that:
- a) violates any law or regulation;
- b) is defamatory or obscene;
- c) breaches the intellectual property rights of a third party; and/or
- d) breaches any right of, or duty owed to, a third party.
7.5 We do not take responsibility for any content generated by the individual users of the Donation Website (“Users”) or information displayed on the Donation Website. If we are informed or otherwise have knowledge of any unlawful or offensive activity or information on the Donation Website, we will act promptly to remove or disable access to this information. Except for as set out in clause 12, Peters shall not be liable to you as a result of its role as the operator of the Donation Website, or as an intermediary between you and donor Users.
- Donations
We will receive donations on your behalf.
- Making payments to you
9.1 We will hold all money that we receive on your behalf on trust for you and issue you with an account credit, code, voucher or other means of redeeming money held on your behalf. Any interest that is earned on the sums in the trust account will be used by us to improve the services that we provide to our members and to help reduce our costs.
9.2 You can only redeem donations with us by using donations for the purposes of buying books, furniture and library design from us. To redeem donations, you should use the “redeem my donations” button on the administration page of your School Fundraising Account (which will also show the level of your donations and the corresponding credits applied to your account). This will send a notification to us and we will contact you to discuss your requirements. Purchases will be deducted from your account balance and the corresponding sum will be released to us and no longer held on trust for you. If a purchase exceeds your account balance, the remaining amount must be paid with another method accepted by us.
- Suspension of the Donation Services
10.1 Subject to clause 12 and any applicable legal requirements, we may, without liability to you, suspend the operation of the Donation Website and the associated Donation Services in full or in part at any time for any reason (including repair or maintenance work, or in order to update or upgrade the contents or functionality of the Donation Website). We will try to inform you in advance of a suspension, but this may not always be possible. We are not liable to you for any loss you may suffer as a result of the suspension of the Donation Website.
10.2 In addition, we reserve the right to withdraw the Donation Website and the associated Donation Services from public access at any time, at our complete discretion.
- Force majeure
We will not be liable to you for any breach of these School Terms where the circumstances giving rise to the breach were due to abnormal and unforeseeable circumstances beyond our reasonable control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary.
- Limitation of liability
12.1 Nothing in these School Terms excludes or limits our liability for fraud, or for death or personal injury arising from our negligence or that of our employees, agents or subcontractors, or for any other liability that cannot be lawfully excluded. Except for as set out in these School Terms, in no event will we be responsible for indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
12.2 All reasonable care will be taken by us, but, subject to clause 12.1, you use the Donation Website and the Donation Services at your own risk and we are not liable for loss or damage that you may suffer through use of the Donation Website and the Donation Services.
- Governing law
English law applies to this agreement and any matters will be dealt with by the courts of England and Wales unless otherwise stated. If you are established in Scotland, Scots law applies and any matters will be dealt with by the Scottish courts. If you are established in Northern Ireland, Northern Ireland law will apply and any matters will be dealt with by the Northern Irish courts.
- Third party rights
A person who is not a party to these School Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these School Terms.