Terms of service

 

 

Terms and Conditions:Fundraising Notes

1. General & Basis of Contract

1.1 These Terms and Conditions apply to all services provided by Suzanne Mullock trading as Fundraising Notes (“the Consultant”).

1.2 The "Contract" is formed when the Consultant receives written acceptance of a Proposal or Letter of Engagement from the Client.

1.3 These terms prevail over any terms supplied by the Client unless expressly agreed otherwise in writing.

2. The Services

2.1 The Consultant shall perform the services with reasonable care and skill in accordance with the standards of the industry and the Code of Fundraising Practice (issued by the Fundraising Regulator).

2.2 Time shall not be of the essence for performance unless specifically agreed in writing as a "Hard Deadline."

3. Fees, Invoicing, and "Statutory Interest"

3.1 Payment Terms: Invoices are payable within 30 days of the date of the invoice (unless otherwise stated in the Letter of Engagement).

3.2 Late Payments: For B2B contracts, the Consultant reserves the right to charge Statutory Interest under the Late Payment of Commercial Debts (Interest) Act 1998. This is currently 8% plus the Bank of England base rate, calculated daily, alongside a fixed compensation fee per invoice to cover debt recovery costs.

3.3 Expenses: Mileage will be charged at the standard HMRC rate (currently 45p per mile) unless otherwise agreed.

4. Intellectual Property (IP)

4.1 All Pre-Existing Intellectual Property (tools, templates, or methods) remains the sole property of the Consultant.

4.2 Project IP: Subject to full payment of all fees, the Consultant grants the Client a non-exclusive, perpetual license to use the deliverables for their intended purpose. The Consultant retains the right to be identified as the author of the work under the Copyright, Designs and Patents Act 1988.

5. Data Protection (UK GDPR)

5.1 Both parties shall comply with the Data Protection Act 2018 and UK GDPR.

5.2 Where the Consultant processes personal data on behalf of the Client (e.g., donor mailing lists), the Consultant acts as a Data Processor. A separate Data Processing Agreement (DPA) may be required if the volume of data is significant.

5.3 The Client warrants they have a "Lawful Basis" (e.g., Consent or Legitimate Interest) for all data shared with the Consultant.

6. Fundraising Compliance & Solicitation

6.1 The Consultant shall abide by the 2025 Code of Fundraising Practice.

6.2 Solicitation Statements: If the Consultant is considered a "Professional Fundraiser" under the Charities Act 1992, they will make the required "Solicitation Statement" indicating how their remuneration is determined.

6.3 The Consultant does not guarantee specific fundraising outcomes. Success is dependent on variables including the Client’s reputation and market conditions.

7. Limitation of Liability

7.1 Nothing in these terms excludes liability for death, personal injury caused by negligence, or fraudulent misrepresentation.

7.2 The Consultant’s total liability for any other loss (including loss of profit or donations) shall be limited to 100% of the total fees paid under the specific contract.

Data Processing Addendum (DPA)

This clause applies if the Consultant processes "Personal Data" on behalf of the Client as part of the Services (e.g., donor lists, supporter emails, or CRM access).

1. Processing Roles

The parties agree that for the purposes of the UK GDPR, the Client is the Data Controller and the Consultant is the Data Processor.

2. Consultant Obligations

The Consultant shall:

  • Process Only on Instruction: Process Personal Data only on the written instructions of the Client, unless required to do otherwise by law.

  • Confidentiality: Ensure that all persons authorised to process the Personal Data have committed themselves to confidentiality.

  • Security: Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk (e.g., password protection, encryption, and secure file transfer).

  • Sub-processors: Not engage another processor (sub-contractor) without the prior specific or general written authorisation of the Client.

  • Assistance: Assist the Client (at the Client’s cost) in responding to any requests from individuals exercising their rights (e.g., Subject Access Requests) or in complying with their obligations regarding data breaches.

  • Deletion or Return: At the choice of the Client, delete or return all Personal Data to the Client after the end of the provision of services, and delete existing copies unless UK law requires storage of the personal data.

  • Audit Rights: Make available to the Client all information necessary to demonstrate compliance with these obligations.

3. Subject Matter & Duration

  • Subject Matter: The processing of supporter/donor contact and giving information to facilitate fundraising and marketing campaigns.

  • Duration: For the length of the Project/Contract term.

  • Nature/Purpose: To analyse donor trends, execute marketing communications, or manage fundraising appeals.

Data Categories: Name, contact details, donation history, and communication preferences.

8. Termination

8.1 Either party may terminate the contract by giving 4 days' written notice.

8.2 The Consultant may terminate immediately if the Client fails to pay an invoice within 14 days of a written reminder or if the Client’s actions breach the Code of Fundraising Practice.

9. Governing Law

This Agreement and any dispute arising from it shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.