This is the agreement between BackMyTown Ltd, registered in England and Wales (company number 17360461, registered office 10 Beaufort Close, Reigate, RH2 9DG, United Kingdom) ("we", "the platform") and the community group on whose behalf it is accepted ("the group"). It is accepted by the group's champion ticking the box when claiming the group; the champion confirms they have authority to accept it for the group, and the version accepted is recorded.
1. How the arrangement works
BackMyTown is a community-commerce marketplace. Local businesses sell to local people, the vendor is always the seller of record, and we charge the vendor a fee on each sale. Where a buyer has chosen your group as their beneficiary, we pay your group a share of our fee. We never hold buyers' money; your group's share is paid from our own fee income.
Your group's share is a commercial fundraising payment under a contract with us. It is not a donation and not a charitable gift, so Gift Aid does not apply to it. Buyers pay the same price whether or not they choose a group.
Where your group is a charity, we act as a commercial participator for it under Part II of the Charities Act 1992, and this agreement is the written agreement section 59 of that Act requires.
2. How the share is calculated and accrued
On each qualifying sale (a completed, paid, non-refunded sale where the buyer chose your group), we record your group's share in our fundraising ledger at the group-share rate set for your town (shown on your group's page; in Reigate, 2% of the sale value). Sales later refunded, charged back or reversed earn no share; if already accrued, the amount is reversed against future accruals. You can see your live total on your group's page, and we will provide a summary of the underlying records on reasonable request.
3. Payment
Within 10 business days of each month end we pay your group its accrued share by bank transfer and send a payment statement to your contact email. Amounts under £10 roll forward to the next month.
You give us, and keep current, the name, sort code and account number of the single bank account to receive payment (provided separately, not stored in the platform). You are responsible for those details being right; a payment made to the details you gave discharges the amount. Payments are made gross; your group's tax treatment of what it receives is your group's affair.
4. Publicity
We may tell buyers that shopping benefits your group, and alongside any such statement we state, in general terms, how your group's benefit is calculated (the method in section 2), as section 60 of the Charities Act 1992 requires where it applies.
You give us a non-exclusive, revocable permission to use your group's name and logo solely to identify it as a beneficiary; we will follow your reasonable brand guidance and stop on written request. Your group agrees not to make representations about the platform, a vendor or a product beyond confirming its participation, unless we agree in writing first.
5. Data protection
Each of us complies with the UK GDPR and the Data Protection Act 2018 as an independent controller of the data it holds. Your group sees aggregate totals only, never the identity or purchases of individual buyers. Any marketing to buyers is our responsibility, sent only with the consent the law requires.
6. Ending the agreement
The agreement starts when the claim is accepted and runs until ended. Either of us can end it on 30 days' written notice, or immediately if the other seriously breaches it and does not put it right within 14 days of being asked, or becomes insolvent. On ending, we pay any accrued share in the next ordinary payment run and stop saying that purchases benefit your group.
7. Liability
Neither of us is liable to the other for indirect or consequential loss, and our total liability to your group in any 12-month period is capped at the share paid or payable to your group in that period. Nothing limits liability for death or personal injury caused by negligence, for fraud, or for anything the law does not allow to be limited.
8. General
This is the whole agreement between us on its subject. Changes must be in writing. No one else has rights under the Contracts (Rights of Third Parties) Act 1999. It is governed by the law of England and Wales and its courts have exclusive jurisdiction.