Terms & Conditions
Hardware requirements
Desktop software – our software requires a Windows computer, at least 32MB RAM, 90MB hard disk space, 1024 x 768 monitor resolution, Windows 2000 or later
Licensing policy
Data Developments (UK) Ltd products are licensed to individual churches, faith-based organisations or charities. The software may be used on as many computers as necessary so long as the software is only used for that one individual church, faith-based organisation or charity. Additional licences may be purchased at a discount. For circuits, team ministries, or Charities based at a number of different locations please call (01902) 714030 for details. To order an additional licence please click here
In paying our fee to use our software, we grant to you a non-exclusive, non-transferable licence in accordance with your rights set out below.
Pricing policy
The price shown on the ‘Products’ page is the price that will be charged to UK customers for the single licence version of that program. All prices shown are inclusive of VAT unless specifically stated otherwise. Data Developments (UK) Ltd reserves the right to change prices without prior notice. For overseas customers please contact us on 01902 714030
Your rights
For the duration of this licence we will grant you:
- access the software
- download our mobile app (where applicable)
- use the software for your individual church, faith-based organisation or charity.
- user accounts to your individual users so that they can access their own accounts in accordance licence agreement.
For our cloud-based software (currently MyGiving.Online, MyFundAccounting.online, MyFoodbank.online and MyMembershipManager.online). We will provide the technical support services detailed below without an additional charge.
You understand and acknowledge that:
- use of the software is restricted to use by you and your authorised users in accordance with the licence policy above
- you may not allow any third party to use the software or any password except as permitted under this licence
- you may not (or permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make corrections to any part of the software.
Your responsibilities
You shall:
- follow our reasonable advice regarding the appropriate platforms (including hardware) for accessing and using the software
- comply with all legal obligations when using the software
- comply with the provisions of our Privacy Policy and Terms and Conditions;
- comply with the terms of our Licence Agreement when accessing the software as an individual user
- ensure that any personal information that you or any individual user collects and processes using the software is done in accordance with any applicable data protection legislation and you will indemnify us against any damages we may incur in the event that you breach this obligation;
- comply with any child protection legislation and safeguarding guidance when using the software
- ensure that any individual users agree to, and comply with, our Licence agreement
- pay our fee in accordance with the Licence Agreement
- indemnify us against any claims made by any individual whom you have granted access to the software, where such a claim arises from your actions or any information (including personal data) that you have entered into the software.
Data provisions
- You own all rights to all the data (including personal data) that you enter into the software and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of your data.
- We have a standard backup procedure for data entered into our cloud-based systems. Therefore, In the event of any loss or damage to your data (excluding personal information), you should contact us, in the first instance, to use reasonable processes to restore lost or damaged data from the latest back-up of such data maintained by us.
- For desktop software you will be solely responsible for making backups, maintaining these and having them available should you need to restore from them.
Personal data
- Both parties will comply with all applicable requirements of the GDPR (in so far as it applies to the UK) and any UK data protection legislation in force at the time.
- For clarity you remain the data controller of the personal data that you input into the software and we shall be the data processor.
- You shall ensure that you have all necessary consents in place to enable the lawful transfer of any personal information to us for the duration and for the purposes of this Licence.
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We warrant that to the extent that we store or process any personal data on your behalf we will:
- (a) act only on your instructions
- (b) have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal information. Such measures shall be appropriate to any harm that might result in such unauthorised or unlawful use
- (c) ensure all staff who have access to personal data are obliged to keep it confidential
- (d) assist you (if requested) to respond to a request by an individual in relation to their personal data
- (e) assist you (if requested) with any breach notifications, impact assessments or investigation by a supervisory authority
- (f) destroy any copies of the personal data on termination unless otherwise required by law
- (g) maintain complete and accurate records to demonstrate its compliance with this clause
- (h) maintain a register of data processing (if appropriate).
- If, at any time we appoint any third-party sub-processors we shall only do so if they have entered into terms substantially the same as these terms.
- We do not store data outside of the UK, but if any transfer of information is to a country outside of the European Economic Area or is to a country that has not been deemed to have adequate protection for personal information by the EU, then we shall ensure that we enter into a data transfer agreement containing the EU Standard Contractual clauses.
Technical support
Our desktop software – products are supplied with 90 days free technical support from the date of purchase. You can defer the start of your 90 days free support to a date of your choosing within the first 30 days of receiving the package.
Support is available via our Technical support line 01902 714030 (charged at normal telephone rates) and staffed from 09.00 – 16.00 (GMT). Outside these hours technical support is available via email or our online community forum . Support requests can also be sent by filling out a support ticket via the support page of our website. Once the free 90 days technical support period has expired it can be renewed on a yearly basis, prices start from £75 inc vat.
Technical support for our cloud-based software is available via our technical support line 01902 714030 (charged at normal telephone rates) and staffed from 09.00 – 16.00 (GMT). Outside these hours technical support is available via email or our online community forum . Support requests can also be sent by filling out a support ticket via the support page of our website.
Technical support for our cloud based software is included in the licence fee and we shall use reasonable effort to ensure that our cloud-based software is available 24 hours a day, seven days a week except for planned maintenance.
We warrant that both our desktop and cloud-based software is, so far as we are aware, free of material defects and has been created in accordance with proper industry practice.
We do not warrant that your use of the Software will be uninterrupted or error-free.
You accept responsibility for the selection of the Software to achieve the results you require.
All other warranties, conditions and other terms implied by statute or common law are excluded from this Licence to the fullest extent permitted by law.
How to Order
To order a product online, click on the ‘ Products ’ button located on the menu bar. This will take you to a screen detailing all of the products available; if you wish to view additional information about a particular product simply click on the ‘More Information’ button. To purchase an item click on the ‘Buy Now’ button, if there is more than one variety available, for instance an upgrade, click on the ‘Choose Option’ button, select which option you wish to purchase from the drop down menu and then click on the ‘Buy Now’ button.
After clicking on the ‘Buy Now’ button you will be taken to the ‘Shopping Cart’. If you wish to purchase any additional items you can return to the ‘Products’ menu. If you have added the item incorrectly you can remove it by placing a tick in the ‘Remove’ checkbox and then clicking on ‘Update Cart’.
Once you are happy with your order you will be required to enter your ‘Username’ and ‘Password’. If you are not yet registered click on ‘Register Now to Checkout’ and enter your name, a valid email address and choose a Username (this could also be your email address) and Password, which you will need to log back into your account once the registration process is complete. Enter the Security code as it appears on screen and then click on the button ‘Complete Sign Up’. You will then receive an email to the address you have entered asking you to confirm your registration. Simply click on the link, or copy it into your browser, and then log into your account with the Username and Password you created using the ‘Login’ option in the top right-hand corner.
After entering your Username and Password, click on the ‘View’ option next to ‘My Basket’ in the top right hand corner and then click on ‘Checkout Now’. You will be required to review/enter your Checkout Information, this includes: your Email, Name, Address, Telephone # and Special Instructions (If you have any questions regarding the items or any particular delivery requests please enter this into the Special Instructions field). Click on ‘Continue Checkout’.
All online orders must be paid for via PayPal or Credit/Debit card (Sage Pay). If you wish to pay for an item via Invoice you will need to contact our Sales team on 01902 714030.
Select your payment type by clicking the relevant radio button and then click on ‘Continue Checkout’. This will take you to the selected payment page where you can fill in the required payment details to complete your order.
On completing the order you will receive an email confirmation.
If you have purchased our desktop software then to download your purchased software login into your account and then click on the ‘My Orders’ button, from the ‘Track your order’ screen, select the order you have just made and then click on the ‘Download’ button. Once you have downloaded and installed the software you can then register it by returning the to ‘Track your order’ screen and clicking on the ‘Generate Registration Number’ button. To register a program you will require the eight digit serial number which can be accessed from within the program by clicking on the ‘Admin’ menu, ‘Register and Unlock’.
If you require any further assistance please call our Sales team on 01902 714030
Secure transactions
Transactions made via the Data Developments (UK) Ltd website use a secure payment gateway which provides a secure link, throughout the transaction process, between the website and the bank.
Alternative payment methods
Credit card payments made on the Data Developments (UK) Ltd website are made securely. However, if you do not wish to send your credit card details over the Internet then there are a number of alternatives:
- Call our Sales line on 01902 714030 and place your order with a member of our Sales team. Orders made in this way can be paid for via Invoice or Credit/Debit card.
- If you wish to pay by cheque then print your order and send it with your cheque payment to: Data Developments (UK) Ltd, First Floor, The Chubb Buildings, Fryer Street, Wolverhampton, West Midlands, WV1 1HT, UK
Order acceptance
Receipt of a confirmatory email does not constitute the acceptance of an order nor is it confirmation of an offer to sell. Data Developments (UK) Ltd, without prior notice, reserves the right to limit the order quantity of any product to any customer and reserves the right not to do business with any individual, church, faith-based organisation, charity or business.
Cancelling an order
Once an order has been received and processed we are unable to cancel the order. To request cancellation on advanced orders please call (01902) 714030.
Specific terms for MyGiving.Online and MyFoodbank.Online
Donations
For donations made via the www.mygiving.online or myfoodbank.online software or apps will charge donation to your payment card (or other payment method available on the Website) at the time of donating. For donations no refunds will be provided by Data Developments (UK) Ltd. No donations are received by Data Developments (UK) Ltd, instead the donation is made between the donor and the organisation and so any refund should be requested from the organisation. If you do not agree to this, you should not use www.mygiving.online , myfoodbank.online or it’s apps to make donations.
Use of a donor’s donation
Data Developments does not warrant that a donor’s donation will be used for any particular purpose and shall not be responsible for any dissatisfaction a donor may have regarding the recipient organisations use of any donation a donor may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by the recipient organisation. After donations are made, all further dealings are solely between the donor and such recipient organisation.
Please note that unless stated otherwise organisations reserve the right to use a donor’s donation for their general purposes. They will use the donor’s donation for any purpose in accordance with the organisations own charitable aims. If a donor wants their donation to be used for a specific purpose or for a particular appeal they should contact the organisation and make your donation directly to them.
Data Developments shall have no liability to donors whatsoever for any use or misuse of donations made via the www.mygiving.online or myfoodbank.online software or apps. The organisation may state that they will use donations only for specific purposes, but Data Developments cannot guarantee that they will use it for such purpose. If the donor has any doubts as to how the money will be spent then they should contact the organisation directly to seek reassurance.
Unauthorised donations
When a donor makes a donation the transaction is final and not disputable unless unauthorised use of their payment card or other payment method is proved. If a donor becomes aware of fraudulent use of their card, or if it is lost or stolen, they must notify their card provider in accordance with its reporting rules. Similarly, if they experience any such issues using another payment method, such as PayPal, you should contact the provider of that payment method for assistance.
Protecting your account
When you register with www.mygiving.online or myfoodbank.online you will be issued with a password (which you can change) to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to the information you are authorised to use. This includes any taxpayer details you may have saved in order to claim Gift Aid. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our support line on 01902 714030
User conduct
You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:
- You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. Data Developments does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at [email protected].
In addition, you as a user must not:
- use the Website to send junk email or ‘spam’ to people who do not wish to receive email from you;
- use the Website to conduct, display or forward surveys, pyramid schemes or chain letters
- use the Website to conduct, display or forward raffles, lotteries or contests, unless you have obtained any necessary licence or permission, and you comply with all applicable laws
- interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to our cloud-based systems; or
- disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.
Data Developments reserves the right to cancel a user’s access to www.mygiving.online or myfoodbank.online without notice in the event of a breach of the above rules.
Trademarks
The names www.mygiving.online, MyGiving.Online, myfundaccounting.online, MyFundAccounting.online, myfoodbank.online, MyFoodbank.Online, mymembershipmanager.online, MyMembershipManager.Online, Donations Co-ordinator, Finance Co-ordinator, Membership Co-ordinator, Data Developments, Data Developments logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not Data Developments, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Data Developments.
Copyright
All content on the Website and its associated services is owned by Data Developments and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website’s and its associated services’ content is permitted without the express prior and written permission of Data Developments (UK) Ltd.
By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms of Service), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these terms, or which is based on or derived from any such data.
Data Developments (UK) Ltd may take any measures it sees fit to block access to the Website and its associated services where it believes that these terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these terms, damages may be an inadequate remedy and Data Developments (UK) Ltd shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. Data Developments (UK) Ltd may also request that you destroy any data you have gathered or extracted in breach of these terms, and you agree that you will comply with such request promptly and certify the same.
Enquiries and permission requests may be sent to [email protected] .
Changes to the service
Data Developments (UK) Ltd will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service.
Failure to comply with these Terms of Service
In the event that you commit a breach of these Terms of Service Data Developments (UK) Ltd reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.
Termination
You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.
Disclaimer and Limitation of Liability
Data Developments (UK) Ltd does not, and nothing in these Terms of Service shall act to, exclude or limit Data Developments (UK) Ltd liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an “as is” and “as available” basis and that your use of the Website and its associated services is at your sole risk. Data Developments (UK) Ltd does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control (force majeure). On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, Data Developments (UK) Ltd does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Data Developments (UK) Ltd shall undertake general maintenance and upkeep of the Website. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.
Data Developments (UK) Ltd shall only be liable under these Terms of Service for losses which are reasonably foreseeable and caused by Data Developments (UK) Ltd breach of these Terms of Service or Data Developments (UK) Ltd negligence. Data Developments (UK) Ltd total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the fees you have paid to Data Developments in the preceding 12 month period, ending on the date the circumstances giving rise to Data Developments (UK) Ltd liability arose.
Any liability Data Developments (UK) Ltd may have to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.
Data Developments (UK) Ltd may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you are looking at the most up to date version of the Website, including the latest version of these Terms of Service.
Nothing in these Terms of Service excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.
Intellectual property rights
You acknowledge that all Intellectual Property Rights in the software shall belong to us, and you shall have no rights in or to the software other than the right to use it in accordance with the terms of this Licence.
Governing law
These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts of England and Wales.
Third party rights
A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.