Terms and Conditions

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Term's and Condition's

Terminology

Developers – the contractors used by Alumna to maintain and develop the Charity Excellence Framework.

Groups – any grouping of users whose data is aggregated for a super user. Users join a group by selecting it on an opt-in basis, as part of their My Profile page set-up.

Modified Quality Mark – a variation of the Charity Excellence quality mark that is licenced to and managed by a super user.

Super User – a type of user that is able to access aggregated data from multiple users in a specified group.

User – an individual or organisation that has registered with the Charity Excellence Framework.

Licensor

1. Alumna Ltd, Company Number: 10425563, Registered Address 14 Blackmore Gate, Buckland, Bucks, HP22 5JT.

Licence

2. The Charity Excellence Framework is licensed on a non-exclusive basis. This licensee is granted access to and use of the Charity Excellence Framework platform for the period of the Licence. The level of access will depend on the type of licence agreement.

3. This licensee is granted access to and use of the CEF platform for the period of the Licence. The level of access will depend on the type of licence agreement.

4. Acceptance of these terms and conditions in full is a condition of being granted access to the CEF.

Use of Materials

5. The materials comprise the diagnostic questionnaires, dashboard, query system, resources, system produced reports and action plans.

6. For super users, this may include developer produced Excel data reports and the uploading of statements, specific to their user group.

7. These may only be used by the License

a. For the duration of the licence and;

b. For the licensing organisation’s sole use.

8. Sole use does not include subsidiaries, members or any other affiliated organisations, groups or individuals.

9. These may not be:

a. Made publicly available by posting online or by any others means.

b. Sold, licensed or used for any commercial purpose, without the prior written consent of Alumna.

To any other organisation or individual by the Licensee, without the prior written agreement of Alumna.

Quality Mark

10. The self-assessed Quality Mark is awarded to organisations that have completed all questionnaires within the previous 12 months, in recognition that they have assessed their organisation in-depth and have committed to driving performance across their organisation, including specifically addressing any areas of material weakness.

11. The Licensee may use the Charity Excellence Framework logo, as long as they remain qualified, but will at all times be scrupulously honest with third parties about what it represents.

12. If this qualification lapses, the organisation will ensure that all branding/logos, relating to this, are removed/deleted within 1 month.

13. The Licensee will ensure that those scoring questionnaires have the skills and experience to be able to do so effectively and on an honest and objective basis. They also commit to actively taking such steps as may be necessary to address any material weaknesses and to use the data to drive performance across the organisation.

14. The Quality Mark is awarded at the sole discretion of Alumna, which reserves the right to withhold or withdraw this, if in the view of Alumna, an organisation fails to do so, or falls below the standards expected of a well-run not for profit. This may include, but is not restricted to, any attempt to ‘game’ the system, behaviour or standards that fall below the professionalism expected of a well-run organisation, being subject to censure by the Charity Commission, or other regulatory authority, or an adverse audit or other report, the disqualification of directors, or being found against in legal proceedings. The Licensee will make Alumna immediately aware, in the event any such issue occurs.

15. In the event that a Quality Mark award is withheld or withdrawn, the organisation will be advised and may appeal the decision in writing, within one calendar month, stating the grounds on which the appeal is based. The appeal will be considered and the organisation advised of the outcome, the decision of which will be final. On withdrawal of the Quality Mark, the licensee will ensure that all branding/logos relating to this are removed/deleted within 1 month.

16. Where an organisation is permitted to modify the Charity Excellence Quality Mark (QM) to create a revised QM:

a. The modified QM to be used requires the prior written approval of Alumna.

b. Alumna is licensing use of the Charity Excellence Framework logo to create a modified logo, but retains full copyright and IP rights, as detailed below.

i. The modified logo must comply with CEF brand guidelines.

c. The modified QM may only be used with the agreement of Alumna and this clause will survive the ending of this agreement.

d. Alumna may cancel this licence at any time. For the avoidance of any doubt, this means that the modified QM may only continue to be used with the continuing approval of Alumna.

e. The modified QM controller will use best endeavours to ensure that:

i. They have a robust system of additional checks relating to their role, which is applied consistently. These checks:

1. Materially add value for users.

2. Ensure users meet any relevant legal or regulatory requirements or standards.

ii. The promotional, or other material, relating to the revised QM is a fair and accurate description of the additional checks above and this includes appropriate credit of the Charity Excellence Framework QM contribution to this.

iii. Any organisation to be awarded the revised QM has completed all 8 Charity Excellence questionnaires within the last 12 months.

iv. The revised Quality Mark awarded is removed, if this ceases to be the case or the holder falls below the standards of a well-run non-profit in para 12 below.

v. Alumna is advised, if any Quality Mark holder falls below the standards expected.

Branding

17. Users who are awarded the QM may use the logo, for as long as they remain qualified. They may re-size the logo, but may not amend in any way the design, text, colour or any other characteristic. If their qualification lapses, or the award is removed by Alumna, they must remove the logo from all materials within one month, including replacing hard copy materials, if necessary.

18. Super users who are authorised to use a modified version of the QM logo, require the prior written approval of Alumna, before they use it. It’s design must comply with the Alumna branding guidelines for revised QMs. Once approval has been granted, the text, colour or other characteristics may not be modified, without prior approval by Alumna.

Termination

19. Alumna retains the right to terminate the licence at any time.

20. Any licence fee that may have been paid, is not refundable.

Liability

21. Alumna will exercise reasonable skill and care in developing and maintaining The Charity Excellence Framework.

22. The Licensee accepts that the services and material provided do not constitute professional advice and full responsibility for ensuring that any necessary professional advice is sought.

23. Equally, what solution an organisation may need in any given situation will depend on what it is seeking to do, its size, role, structure and the skills and experience of its staff. The Charity Excellence Framework provides resources that attempt to meet most of the needs of most organisations in the majority of situations. However, it cannot meet all needs of every organisation and in all situations, so responsibility for ensuring that anything taken into use, complies with all relevant regulations and laws, and meets fully the needs of an organisation remains wholly with the Licensee, not Alumna.

24. The Charity Excellence Framework has primarily been designed for registered charities in England and Wales, subject to English law and regulated by the Charity Commission. Licensees with different legal structures, or based outside of England and Wales, or subject to different or additional regulation are responsible for ensuring that any differences are accounted for in using The Charity Excellence Framework.

25. The Charity Excellence Framework, contains numerous links to external websites. Alumna does not monitor and has no control over the content of such sites and does not endorse, nor necessarily even agree with the content. Access to any sites and the use of any content is entirely at the Licensee’s discretion who, in entering into this agreement, accepts full responsibility for any consequences arising in doing so.

26. The Charity Excellence Framework analysis and reports are based on information and scores entered by the Licensee. The Licensee undertakes to ensure that those scoring have a sound understanding of the organisation and its role, including of each functional area, are able to think both operationally and strategically, and score based on observable facts, not assumptions.

27. The Licensee will ensure that the scores entered are an accurate and fair representation of its performance, will not ‘game’ the system to try and produce results that would mislead anyone accessing the data and will not misrepresent the results to others.

28. In entering this agreement, the Licensee accepts that it remains fully responsible for any use to which The Charity Excellence Framework is put and that Alumna cannot be held responsible for any losses, claims or other action arising from this.

29. The Licensee accepts full liability for any costs or loss of earnings to Alumna arising from misuse of the materials or breach of this Licence.

30. The Licensee shall indemnify and hold Alumna harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, Alumna as a result of or regarding use of the materials by the Licensee, or breach of this agreement.

31. Clause 30 will survive termination of this agreement.

System Availability

32. From time-to-time, the system may be unavailable due to maintenance or other events. Alumna will use reasonable endeavours to notify users in advance, if possible, and to ensure that the frequency and length of any unavailability is minimised.

Legal Title And Use of Materials And Data

33. Alumna retains all existing and future Intellectual Property Rights to the fullest extent permitted by law.

34. The term Intellectual Property Rights refers to patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist.

35. The Licensee may replace the Charity Excellence logo in CEF system downloadable resources with its own for internal use. In making use of this material, the licensee accepts that all copyright and IP are retained by Alumna, even if the original material is subsequently altered, or developed in some other way. If Alumna grants written approval for any material to be made available publicly, or to other organisations, the Charity Excellence Framework is to be properly recognised as the author.

36. For individuals/organisations given access to the Charity Sector Data Store, the Charity Excellence Framework is to be suitably recognised in any reports, articles, presentations or other material, as the source of this data, even where this has been aggregated or otherwise combined with other data. The data may not be used for any other purpose than the one for which it was specifically given or commercial purposes, without the prior written agreement of Alumna. In using this data, individuals/organisations accept that Alumna has no liability whatsoever from any loss, damage or other detriment arising from its use.

37. Where a super user, or other organisation, has been authorised to use a modified version of the QM logo, this is on a licence basis, which may be withdrawn at any time, at the discretion of Alumna. In the event of withdrawal, the organisation and any organisation to which it has been awarded, must stop using the logo within one calendar month, including replacing hard copy documents, if necessary. Alumna will not be liable for any costs incurred. Full legal title of any modified logo is retained by Alumna.

38. If specialist statements are uploaded, for a super user, the copyright for these will be owned by Alumna.

39. The copyright of downloadable material provided by third parties is retained by the copyright owner.

Data Protection

Alumna

40. Alumna is the data controller for data protection purposes (ICO Registration: A8411110).

41. We may collect:

a. The names, e mails addresses appointments and organisations of individuals that you nominate to be given access (additional users), to check that those nominated are eligible within the terms of the licence, identify suspect registrants who may be attempting to gain access for inappropriate/illegal reasons and authorise your access.

b. Information relating to your organisation, such as its sector and activities, to enable the system to create your questionnaires.

c. Your scoring, so that the system can create and report your assessments for you.

d. Your feedback on system performance to enable us to address any problems and develop the system to better meet your needs. Your feedback will only be used for marketing purposes, if you select the opt-in button when submitting your feedback.

42. A download of data held will be provided on payment of a processing fee of £10.

43. However, if any user wishes their organisation’s data to be deleted, we will do so. Data that is deleted will not be recoverable. Consequently, any such request must be in writing from the CEO or chair to confirm this request has been approved by the organisation.

44. The database includes links to a number of external sites. We have no control over these sites and you are advised to read their privacy policies.

45. We have put in place suitable physical, electronic and managerial systems to safeguard your data; including SSL to encrypt data transmission between our website and your devices. However, it is the Licensee’s responsibility to ensure that those nominated for access are aware of and comply with their data protection responsibilities, and use strong passwords that are regularly changed and adequately safeguarded.

46. The Licensee consents to Alumna holding and processing the data provided for legal, personnel, administrative and management purposes.

47. From time-to-time Alumna’s developers will require access to the database. This is strictly for the purposes of amending and updating the software, or other aspects of the platform itself. Alumna will not disclose your data to a third party without either the consent of the Licensee, or unless required to do so by law.

48. Alumna will use and retain legal title to, aggregated and anonymised data and will retain the organisation’s data after the ending of this agreement for the purposes of generating benchmarking and other anonymised data. This clause will survive termination of this agreement.

Newsletter

49. We will use your name, appointment, e mail address and organisation’s name to send you e mails from time-to-time to make you aware of issues, relating to the system, such as any need to clear your browser cache to enable new software to function properly, new resources and developments. This will normally be by means of our monthly newsletter. You may unsubscribe from this at any time, but we would then be unable to advise you of any changes to the system or issues relating to it that we feel you should be aware of.

CEF Developers

50. The Alumna’s developers require access to the database to amend and update the software, or other aspects of the platform itself, such as investigation of any problems. They also run queries for Alumna, to support essential quality management checking. They may run queries for super users to enable them to manage QM standards and provide data for analysis and contractual/statutory reporting.

CEF Partners – Data Sharing

51. I work alone and, in order to scale take-up of the system to help everyone, will be working in partnership with other organisations, who will provide access to technology and capabilities I can’t afford. In order to make use of these technologies and to enable them to make you aware of the charitable services they provide, I may share your personal data with them. The management of your data will be subject to an agreement that complies with the Data Protection Act requirements and you may unsubscribe from any communications, at any time.

52. With effect from 1 January 2020, the name, role, organisation and contact details of individuals who register will be shared with Charity Digital (Charity Registration Number 1133179) for the purpose of enabling them to make you aware of their charitable services. This agreement is governed by a formal data sharing agreement, which only allows your data to be used for charitable purposes.

Super Users

53. On joining the CEF and setting up your My Profile page, users will be able to choose to be identified with a group(s) that they belong to. They may remove this identification, at any time, simply by updating their My Profile settings; instructions on how to do so are in the user guide.

54. The purpose of these groups is to enable federated, or any other groups of charities to create even more sophisticated questionnaires and to pool data, in order to identify trends, threats and opportunities. This will also facilitate the creation of free, low workload modified QMs for specialist areas and simplify data collection for statutory purposes and contractual/grant reporting.

55. These groups are called super user groups. A super user has similar functionality as a user (dashboard and query system), but the data displayed is the aggregated data of the users in that group. Super Users may also have additional functionality that enables data to be analysed using various criteria, such as sector or income band. Depending on the permissions given by Alumna and the number of users in a group, super users may be able to see and download the scoring results of some or all individual users in their group.

56. Alumna may download and share individual user data with super users, for the purposes of validating specialist quality marks maintained by a super user, or to share with a third party, under a contractual or regulatory obligation that the user and super user are party to. In any such cases, the super user would accept full responsibility for obtaining valid consent from users and ensuring that data protection requirements were met.

57. To safeguard users’ data, super users are required to comply with additional requirements, as a condition of being given access. Super users must:

a. Make users in their group aware of:

i. The level of access to their data and;

ii. The business purposes for which it is being held and;

iii. That they may opt in or out, by updating their My Profile page.

b. Ensure that data is kept securely, only retained as long as there is a legitimate business reason for doing so and disclosed, if requested to do so by a user.

c. Not make public, or share, any data that is identifiable as belonging to an individual user, without that user’s valid consent.

d. Ensure that the above sub paras are reflected in:

i. The super user’s data protection policy and;

ii. Any agreement(s) with their group users.

Third Parties

58. We may also wish to use your data for marketing purposes and to share with selected 3rd parties, but this will only be done with your specific consent. You may withdraw such consent at any time, by advising us in writing.

Waiver

59. No failure or delay by Alumna to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Entire Agreement

60. The Charity Excellence Framework web page detailing these terms and conditions, together with any documents referred to in it, constitute the entire agreement and understanding between the Licensee and Alumna and supersedes any previous arrangement, understanding or agreement between them relating to the Licence, which shall be deemed to have been terminated by mutual consent.

Variation

61. No variation of this agreement, nor of any of the documents referred to in it, shall be valid unless it is in writing and signed by or on behalf of each of the parties.

Counterparts

62. This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

Third Party Rights

63. Except as expressly provided, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999, or any similar provisions of law in any jurisdiction, to enforce any term of these terms and conditions. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

Complaints Policy

64. I aim to deliver a quality service and to be responsive to system users. In the unlikely event you are not satisfied, please bring this to my attention, as soon as possible by e mailing me at charityexcellence@gmail.com .

65. Please provide specific details and, if you are able to, examples of what went wrong, to help me in resolving this for you.

66. I will acknowledge your query as soon as I reasonably can and respond as soon as reasonably possible. In the event the issue is complex, I will do my best to advise you on how long I think it may take and will provide you with updates at least every 14 days.

Governing Law and Jurisdiction

67. This agreement and any dispute or claim arising out of or regarding it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

68. The parties irrevocably agree that the courts of England shall have jurisdiction to settle any dispute or claim that arises out of or regarding this agreement or its subject matter or formation (including non-contractual disputes or claims).

Revision: 1 dated 4 July 2019

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