Part 2 – Guide – Information Donations & Payments

Please see separate document: school registration form project application for guidance about suitable FundStar projects (the ‘FundStar Guide’).

All funding payments approved by us must be used to cover costs that are directly connected to delivering the project/s that your FundStar account manager has agreed to fund from your supporters’ donations. Unless your school is able to demonstrate that the expenditure is essential for, and directly linked to, the approved project/s, funding payments must not be used to fund salary costs or contributions to overheads. You agree that FundStar shall determine conclusively whether your project complies at all times with FundStar’s funding objectives based on any written submissions you may wish to make applying the criteria below:

FundStar projects are capital projects; tangible items that have a direct benefit for students. The following projects are not suitable for FundStar fundraising:

1. Activities which ought to be funded by government
2. Overheads and maintenance costs
3. Non-specific appeals
4. Costs of school trips, expeditions etc
5. The purchase of land or existing buildings (including a building’s freehold)
6. Repayment of loans
7. Projects that have already been completed

Gift Aid

When any of your supporters make a donation and confirm that they are a UK taxpayer in accordance with the requirements of the Gift Aid scheme, FundStar can pass this information to the school in order for the school to claim the Gift Aid.

FundStar provides this information once the school has reached the project fundraising goal and received the donation from FundStar. Your school must be registered with the Charity Commission or exempt from registration to reclaim Gift Aid. Gift Aid can be claimed up to four years after the donation was made.

FundStar’s Programme Fees

FundStar will charge the School fees equal to 5% plus VAT of all Donations payable to the School. The Donations will be paid to the School within 28 days upon completion of the fundraising project net of Fundstar’s fees.

Clawback and repayment

FundStar may require repayment of all of the funding payment/s (‘claw-back’) if:

1. the project for which it was approved does not proceed or it no longer meets the funding objectives.
2. part of the payment remains unused when the project that the payment was intended to fund has been completed
3. the funding payment has or will be used for a purpose other than that which has been

Unused funds

For a maximum period of [6] years (‘retention period’) FundStar will retain the following sums (‘retained sums’):

1. Any claw-back sums paid by you to FundStar; and
2. Any donations (including any Gift Aid payments collected for you) which exceed the funds required for your school’s outstanding project/s;
3. Any donations (including any Gift Aid payments collected for you) which are not paid to you in relation to any project because they fall below the agreed fundraising target for the project.

At any time before the expiry of the retention period the you may elect in writing to apply all or part of any retained sums towards any other outstanding or new project which has been approved by us as meeting our funding objectives.

Any retained sums applied in this way will be subject to all the above terms relating to donations.

Following the expiry of the retention period any remaining retained sums shall be paid (in FundStar’s sole discretion) to such charity or charities as FundStar may consider as having charitable objectives which are the same or similar to FundStar’s funding objectives. [Such charity or charities may be a registered or exempt charity and may include any other school, college or education provider which has a project for which Fundstar is fund raising through its card programme].

Part 3 – Programme Terms & Conditions

1. These terms & conditions (the Conditions) govern the operation of the FundStar Card Programme (the Programme) as between Future Proof Finance Limited (trading as and referred to in these Conditions as FundStar) the provider of the Programme and the school, college or other educational provider named on page 1 (referred to in these Conditions as the School).
2. These Conditions constitute an agreement between FundStar and the School which will continue for a minimum period of 12 months and thereafter unless or until either party gives the other notice to terminate the agreement under section 5 below.
3. In consideration of the School agreeing to the obligations in section 4 of these Conditions, FundStar’s obligations to the School are:
   1. To provide the School with all reasonable support in promoting the Programme, including the provision of all relevant information and materials relating to the
   2. To provide an online platform (Web Service and/or app) for parents and relatives of pupils and others who wish to financially support the School (Supporters) to:
      1. apply to join the Programme;
      2. if accepted (based on identity checks) to be issued with a prepaid card (Card) by an approved issuing Bank to make retail payments (Spend) and charitable payments (Donations) subject to the Terms & Conditions governing the use of the Card (Card Terms); and
      3. use the Web Service to load funds onto their Card, choose a school and projects to support, set the amount of their Donations, check the balance and monitor their Spend/Donations;
   3. To provide access to an account manager for any designated representative nominated by the School (School Representative) to liaise with regularly (at least once a quarter) to:
      1. Monitor the performance of the Programme and Donations made;
      2. To review the School’s eligibility to receive payment of Donations collected by FundStar for the School in accordance with the Donations & Payments Guide in Part 1 of this registration form above (Guide));
      3. assist the School (if it is eligible to do so) in claiming Gift Aid payments in accordance with the Guide and (if so authorised) to collect such payments on behalf of the
   4. To provide Schools with administrative access to the Web Service to create projects and view
   5. To make available to the School on request, and at all reasonable times, any books, documents or other records (however kept) which specifically relate to the school and are kept for the specific purposes of these Conditions.
4. The School agrees:
   1. To use all reasonable endeavours to promote the benefits of the Programme to its Supporters and to collaborate with FundStar on agreeing plans, promotional materials and strategies to achieve this;
   2. To ensure that no promotional materials in relation to the Cards or the Programme are distributed to persons other than Supporters and the content is at all times accurate, not misleading and available for inspection upon request by
   3. To apply all Donations for the benefit of the School only, and approved project/s in accordance with FundStar’s funding
   4. That FundStar is a private enterprise which is not a bank or a financial institution and is not responsible for issuing Cards, managing Card transactions or undertaking any financial or e-money payment services, but will act only as a Programme Manager in accordance with the requirements of the Card issuing bank and these
   5. That FundStar is a professional fundraiser engaged by the School under these Conditions to collect Donations from Supporters in accordance with the Card Terms.
   6. That FundStar may vary these Conditions (including any of its fundraising objectives) from time to time by giving the School one month’s written notice (or shorter notice if required to meet any legal requirement) and continued participation in the Programme after such notice shall constitute the School’s acceptance of such
5. Either party can end the Programme by giving the other not less than 3 months’ prior Termination of this agreement will not affect: (a) any Card Term between FundStar and any of the School’s Supporters in relation to their Cards which will continue to be operable unless or until terminated in accordance with the Card Terms (b) FundStar’s obligations to the School under this agreement in relation to any Donations it receives after termination nor FundStar’s right to be paid or retain (as the case may be) any Programme Fees in relation to such Donations (d) but for the avoidance of doubt neither party will be obliged to perform any obligations set out in sections 3 (other than under 3(e)), 4 (a) & 6.
6. Each party shall keep the terms of the Programme and all information disclosed by either party to the other in relation to it confidential and shall not disclose the same to any third party except to Permitted Parties or with the other’s written consent or in accordance with any legal obligation to any competent authority. Permitted Parties shall mean the Card issuing Bank for the Cards, a party’s legal or financial advisors or their governors or investors provided they are under an equivalent confidentiality obligation to that
7. Limitation of Liability: except in relation to death, personal injury, fraud or any claim for
   outstanding donation, FundStar’s maximum liability to the School for all or any claims or liabilities of any description arising from or relating to the operation of the Programme shall not exceed£50,000 in aggregate and shall exclude any indirect or consequential losses.
8. Fundraising Policy: in accordance with the requirements of section 59 of Charities Act 1992, as amended by section 13(1)-(3), Charities (Protection and Social Investment) Act 2016 (C(P&SI)A 2016) FundStar has set out in the FundStar Guide how the FundStar intends to protect vulnerable people and other members of the public from the following behaviour when undertaking fundraising in accordance with this agreement:
   1. unreasonable intrusion on a person’s privacy;
   2. unreasonably persistent approaches for the purpose of soliciting or otherwise procuring money or other property; and
   3. placing undue pressure on them to give money or other property.
   4. What steps the charity will take to monitor compliance by the professional fundraiser with these requirements.

FundStar agrees to comply at all times with the FundStar Guide (as updated from time to time and available on the FundStar website) in relation to the above matters and to co-operate with the School in all necessary and reasonable respects to ensure it can take the steps set out in the FundStar Guide to monitor FundStar’s compliance.