Charity registration: Terms and Conditions

Edited 28 March 2025

1. Definitions

“GiveMatch”, “GM”

Means GiveTree Ltd (trading as GiveMatch) which operates an online donations platform that enables charities to receive Match Funding, incorporated and registered in England and Wales with company number 13405448, with its registered office at 6-8 Great Eastern Street, London, United Kingdom, EC2A 3NT.

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“Charity”

Means the respective charity that has completed the Charity registration form and agreed to these Terms and Conditions.

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“Original Donor”

Means a person making a donation to the Charity through the GiveMatch platform without being referred by another donor.

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“Original Donation”

Means the sum donated to the Charity through GM.

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“Match Funding”

Means a donation made by GM to the Charity, in an amount equal to the Original Donation, sourced from the Match Pot, subject to the conditions outlined in Clause 5 (Match Funding Conditions).

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"Annual Match Funding Allowance"

Means the £25,000 of Match Funding available in each 12-month period from the date of this Agreement.

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"Additional Match Funding"

Means any Match Funding provided beyond the Annual Match Funding Allowance, which may be made available at GM's discretion subject to a separate contract.

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“Match Funding Cap Per Donation”

Means the maximum amount of Match Funding provided per Original Donation, which is £200.00

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“Match Pot”

Means a designated pool of funds donated to GM by donors with the express provision that GM can allocate them to any Charity at GM's discretion.

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“Referred Donors”

Means persons making a donation to the Charity using the personalised referral link generated by an Original Donor, as outlined in Clause 5 (Match Funding Conditions).

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“DAF Partner”

Means GM’s relevant Donor Advised Fund (DAF) partner, listed at:
https://www.givematch.com/business/match-fund-partners

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Applicable Laws

Means all applicable laws and regulations as amended from time to time including but not limited to: the Charities Act 1992, the Charitable Institutions (Fund-Raising) Regulations 1994 (SI 1994/3024), the Data Protection Legislation; the Computer Misuse Act 1990; the Bribery Act 2010; the Equality Act 2010; the Modern Slavery Act 2015; and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and Fundraising Regulator’s Code of Fundraising Practice.

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Data Protection Legislation

Means all applicable data protection, privacy and electronic marketing legislation in force from time to time, including any national legislation implementing Directive 95/46/EC and Directive 2002/58/EC, GDPR (and any related national legislation), the Data Protection Act 2018, any replacement or repealing legislation, and any codes of practice or all other legislation and regulatory requirements in force from time to time which apply to a Party in connection with the use of Personal Data (including without limitation the privacy of electronic communications).

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2. Agreement Formation and Term

This Agreement takes effect upon the Charity completing the registration form and expressly confirming its acceptance of these Terms and Conditions by ticking the acceptance box on the online form. By submitting the form, the Charity confirms that it has read, understood, and agreed to be legally bound by these Terms and Conditions. The Agreement continues until terminated in accordance with Clause 10 (Termination).

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3. Eligibility

The Charity’s right to receive donations, including Match Funding, during the Term, is conditional on:

  1. The Charity passing the due diligence process, managed by the DAF Partner;
  2. The Charity continuing to comply with all applicable laws and regulations, including relevant fundraising laws and the Fundraising Regulator’s Code of Fundraising Practice;
  3. The Charity operating in accordance with this Agreement and the website Terms of Use.

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4. Services Provided

GiveMatch provides the following services to the Charity:

  1. facilitating Match Funding in accordance with the eligibility criteria in clause 5;
  2. processing donations via available payment methods;
  3. ensuring all funds are held in a designated account by the DAF Partner for disbursement, subject to eligibility and compliance checks;
  4. enabling Gift Aid claims where applicable;
  5. facilitating payment of donations and Match Funding (minus any Fees) by the DAF Partner to the Charity within 60 days of the original donation, within 60 days of all eligibility criteria being met and compliance checks completed;
  6. providing monthly reports detailing:
    1. Number and value of donations received;
    2. Fees payable by the Charity;
    3. Donor data, including donors’ mailing address, full name and email address, subject to Clause 9 (Data Protection).

Facilitation Only: GiveMatch acts solely as a facilitator of donations and Match Funding through its partnership with a DAF Partner. All funds (including Gift Aid and Match Funding) are held and transferred at the discretion of the DAF Partner. GiveMatch does not itself hold or disburse donor funds, and cannot guarantee the timing or completion of such transfers.

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5. Match Funding Conditions

Subject to DAF Partner approval and available Match Pot funds, Match Funding is provided if the following conditions are met:

  1. An Original Donor makes an Original Donation;
  2. The Original Donor refers a minimum of two Referred Donors via their personalised referral link;
  3. The conditions below are met:
    1. The Original Donor is not a trustee of the Charity;
    2. At least two of the three donors (Original Donor and Referred Donors) are independent third-party donors;
    3. No fraudulent activity has occurred.

If any of these conditions are not met, Match Funding will not be provided. If GM determines that the conditions have been circumvented, GM reserves the right to revoke or reclaim Match Funding already granted and to suspend or terminate the Charity’s access to GM Services.

Clarification: Donations found to be reversed, fraudulent, or disputed by the donor may result in revocation of related Match Funding. Charities are required to cooperate in any investigation.

The Charity acknowledges that Match Funding is subject to the DAF Partner’s internal approval, compliance, and operational timelines. While GiveMatch will use reasonable efforts to ensure timely processing, it cannot warrant or guarantee when or if such funds will be disbursed.

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6. Charity’s Obligations as a GiveMatch Partner

The Charity agrees to:

  1. Pay invoices to GiveMatch within 30 days of receipt.
  2. Where appropriate, include the GiveMatch logo in your fundraising materials, tag our official social media channels, and make sure any content shared with us is lawful and appropriate for public display.
  3. Ensure compliance with applicable fundraising regulations, including obtaining any licences or consents required for the type of fundraising activities undertaken.
  4. Comply with all relevant UK fundraising and charity regulations, including the Fundraising Regulator’s Code of Fundraising Practice, and any relevant local laws if based outside the UK.

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7. GiveMatch’s Obligations to the Charity

GiveMatch agrees to:

  1. Provide access to its services for the Charity.
  2. Communicate promptly and efficiently with the Charity and donors.
  3. Maintain accurate records of all donations and expenses as required by applicable laws.
  4. Report donation and eligibility data to the DAF Partner in a timely manner and liaise promptly with them to facilitate the disbursement of funds to the Charity, in accordance with the terms outlined in Section 4.
  5. Maintain adequate insurance as required by applicable regulations.

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8. Fees

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“Platform Fees”

  1. First Year: 25% of total Match Funding up to £25,000; beyond £25,000, a 40% rate applies under a separate contract.
  2. Subsequent Years: 40% of all Match Funding up to the £25,000 Annual Match Funding Allowance; beyond this, a 40% rate applies under a separate contract.

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“Admin Fees”

If a donor does not opt to cover the payment processing fees, the Charity will be responsible for covering them. These fees are 2.9% + £0.20 per donation.

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“DAF Fees”

For all UK charities, our DAF partner charges a 3% fee on Gift Aid claims. This Gift Aid Claim Fee will be deducted from the total Gift Aid amount before funds are disbursed to Charity Partners.

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“Late Payment Fees”

Late payments will incur interest at the Bank of England (BoE) base rate +3% annually, calculated daily. Fees will be capped at 10% of the invoice value. Collected fees may be reallocated to charitable funds at GM's discretion.

The Fees paid by the Charity are non-refundable. GM retains the rights to suspend the Charity’s use of the GM Services at any time if the Charity fails to pay any other amount due under this Agreement.

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GM may amend fees with 30 days’ notice. Any outstanding fees at termination remain payable, and GM may deduct any unpaid fees from future funds payable to the Charity under this Agreement.

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9. Legal Terms

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Warranties

Each Party warrants that:

  • This Agreement constitutes a legal, valid and binding contract, enforceable in accordance with its terms.
  • It has the full legal capacity, authority and power to enter into this Agreement.

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Liability

  • The total liability arising under or in connection with this Agreement is limited to an amount equivalent to the aggregate of the Fees paid in the preceding 12 months before a claim is lodged.
  • ​​In no event will either Party be liable for any indirect, incidental, special, or consequential losses, including but not limited to lost donations, loss of goodwill, or reputational harm.
  • Nothing in this Agreement limits liability for fraud, confidentiality breaches or compliance violations.
  • GiveMatch shall not be held liable for any delay, withholding, or failure to transfer funds by the DAF Partner. The Charity acknowledges that GiveMatch’s obligations are limited to facilitating the initiation of such transfers and that completion of payments remains under the control of the DAF Partner.

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Intellectual Property

Each party retains ownership of their existing Intellectual Property Rights and any created during the Agreement. No joint Intellectual Property will be created through this Agreement. Both parties grant each other a limited, non-exclusive, revocable license to use each party's name, logo and trademarks for the Term of this Agreement; and will ensure materials comply with relevant guidelines.Neither party will harm the reputation, goodwill, or value associated with the other party's Intellectual Property Rights.

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Confidentiality

Each party must treat all information received from the other under this Agreement as confidential, unless stated otherwise in writing. Confidential Information must be used solely for the purposes of this Agreement and may only be disclosed with prior written consent or as required by law.

Confidential Information remains the exclusive property of the disclosing party. Each party agrees to safeguard it appropriately and may only share it with personnel or regulators as needed to fulfil obligations under this Agreement.

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Data Protection

Each of GM and the Charity is an independent data controller under Data Protection Legislation. Each party agrees to:

  • Comply with all applicable Data Protection Legislation.
  • Provide assistance to the other party in fulfilling data subject rights.
  • Ensure transparency in how donor data is used.

Both parties may collect and process Personal Data from donors via the GM Website and are responsible for doing so in accordance with applicable laws. Each must maintain a clear privacy notice explaining their use of such data.

Where consent is required to contact donors, the Charity agrees to use Personal Data only in accordance with the consent status provided by GM.

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10. Termination

  • The Charity may terminate this Agreement  by providing 3 months’ written notice to GM. During this notice period, GM Services will continue to be provided, and all applicable Fees will remain chargeable.
  • GM may terminate this Agreement with immediate effect and/or withhold funds if the Charity is found to be in breach of applicable laws or regulations, misusing funds, or acting in a manner that is inconsistent with its stated charitable purposes, regulatory obligations, or this Agreement.
  • Upon termination for any reason:
    • Each Party will cease providing services governed by this Agreement.
    • Any undisputed sums owed by either Party must be paid within 30 days of the termination date.
    • GM reserves the right to deduct any outstanding Fees from donation disbursements prior to the final payout.
  • Without affecting any other right or remedy, either Party may terminate this Agreement with immediate effect by providing written notice if:
    • The Charity fails to complete or pass the due diligence process;
    • The other Party commits a material breach of this Agreement and fails to remedy such breach within seven (7) days of receiving written notice requiring it to do so;
    • A Party becomes insolvent, unable to pay its debts, or enters into or is reasonably likely to enter into liquidation, receivership, administration, a voluntary arrangement with creditors or any analogous process.

Termination or expiry of this Agreement will not affect any rights, remedies, obligations or liabilities, which existed prior to termination, including the right to claim damages for breach.

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11. General

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Variation

We may modify these terms and conditions from time to time by publishing an update on our website. Such modifications will take effect upon publication and shall apply immediately unless otherwise stated.

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Severance

These provisions are independent and severable. If any provision is held unenforceable or invalid, the remaining provisions will continue to apply and survive.

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Third Party Rights

The parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.

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Force Majeure

Neither party is liable for delays or non-performance due to circumstances beyond their reasonable control (except lack of funds) if they notify the other party. If the delay or non-performance lasts over 28 days, either party may terminate the Agreement.

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Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.

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Dispute Resolution

‍Before initiating legal proceedings, the Parties agree to make reasonable efforts to resolve any dispute or claim through good faith negotiations. If the dispute cannot be resolved within 30 days, either party may proceed with formal legal action.

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Non-UK Charity Disclaimer

This Agreement is designed for UK-based registered charities. If you are a charity based outside the United Kingdom, please contact the GiveMatch Charity Partnerships team at contact@givematch.com to review the terms relevant to your region. Different fee structures, disbursement timelines, and compliance requirements may apply.