Terms and Conditions - Charity Formation
These terms tell you how the Stewardship Charity Formation Service works. By using the Charity Formation Service, you agree to be bound by the following terms and conditions (the Terms).
1.1 We are Stewardship Services (UKET) Limited (Stewardship, we, us). We are a mission focussed Christian charity working to strengthen churches and Christian charities. We are a private company limited by guarantee registered in England and Wales with company number 00090305 and registered charity number 234714.
1.2 To contact us please use any of the following details:
- Email: [email protected]
- Address: Stewardship, 1 Lamb’s Passage, London EC1Y 8AB
- Phone: +44 (0)20 8502 8567
2.1 We offer a service assisting churches and Christian organisations in registering with the Charity Commission or transferring the work of an existing unincorporated charity to a Charitable Incorporated Organisation (CIO) or charitable company.
2.2 This service is delivered in association with Anthony Collins Solicitors LLP, a specialist firm of solicitors, which has extensive experience of working with churches and Christian charities.
3.1 We will provide initial guidance on the different legal structures available for your charity, help you to complete our online application form and answer any general questions you may have regarding the Charity Formation Service process or the information required.
3.2 Once we have received your application and discussed any initial queries with you, we will hand your application over to Anthony Collins.
3.3 We will also provide Stewardship Briefing Papers on the legal and financial aspects of church/charity trusteeship, to help your new charity get off to a good start.
3.4 We shall provide the Charity Formation Service to you with a reasonable level of care, skill and diligence.
3.5 Stewardship does not provide tax, legal or investment advice as part of the Charity Formation Service or otherwise.
4.1 Anthony Collins will:
- Prepare the legal document for forming the new CIO or charitable company;
- Advise on transferring assets from any existing charity to the new CIO or charitable company;
- (For charitable limited companies) file the agreed documents with Companies House;
- Complete the Charity Commission application form; and
- Handle all correspondence with the Commission up to registration.
4.2 Anthony Collins will provide these services to you on their own terms of business and will send you a client care letter setting out how they work.
4.3 As with other legal and financial service providers, Anthony Collins Solicitors will require personal identification and proof of address from two of the proposed trustees. They will request this from you directly.
5.1 Stewardship charges a fee which is payable upon submission of your Charity Formation Service application.
5.2 Anthony Collins Solicitors have set a standard charge for each category of application. Their current standard charges and the circumstances in which extra charges may apply can be viewed at stewardship.org.uk/charity-formation-fees. The solicitors’ fee is usually payable prior to your registration application being submitted to the Charity Commission. Should there be a delay in progressing with the formation, Anthony Collins Solicitors may request a payment for their work to date.
5.3 Should you decide not to proceed with the Charity Formation Service, any refund of fees by Stewardship or Anthony Collins will be at the relevant party’s discretion and will be subject to a deduction to cover the work already undertaken.
6.1 Nothing in the Terms shall limit our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) otherwise to the extent such liability cannot be excluded or limited under applicable law.
6.2 Subject to clause 6.1, we shall not have any liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: (i) loss of profit; (ii) loss of goodwill; (iii) loss of business; (iv) loss of business opportunity; (v) loss of anticipated saving; (vi) loss of data; or (vii) special, indirect or consequential damage or loss arising under or in connection with these Terms.
6.3 We exclude all implied conditions, warranties, representations or other terms that may apply to your use of the Charity Formation Service.
6.4 We have no liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss or damage you suffer as a result of or in connection with any advice given to you by Anthony Collins Solicitors LLP.
6.5 Our liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms, shall be limited to £5,000.
7.2 Your completed Charity Formation Service application will be shared with Anthony Collins. Their privacy statement is available at anthonycollins.com/privacy-statement.
8.1 If you are dissatisfied in any way with the service provided by Stewardship, or if you have any questions about the Charity Formation Service, or any feedback on how the Charity Formation Service could be improved, please contact us at stewardship.org.uk/transparency/making-complaint.
8.2 We undertake to look into any complaint carefully and promptly, and to do all we can to explain the position to you. If we have given you a less than satisfactory service, we undertake to do everything reasonable to put it right.
8.3 If you are dissatisfied in any way with any advice provided to you by Anthony Collins Solicitors or if you have a complaint in respect of any advice provided to you by Anthony Collins Solicitors, you should refer to the complaints policy of Anthony Collins Solicitors.
9.1 Force Majeure - neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under it, excluding any obligation to pay sums due under these Terms, if such delay or failure results from an event, circumstance or cause beyond its reasonable control. If the period of delay or non-performance continues for more than 4 weeks, the party not affected may terminate these Terms by giving 7 days' written notice to the affected party.
9.2 Assignment - (i) You shall not, without the prior written consent of Stewardship, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Terms. (ii) Stewardship may at any time assign, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Terms.
9.3 Variation and Waiver - No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives). No delay or omission by Stewardship in exercising any of its rights or remedies under these Terms or under any other applicable law on any occasion shall be deemed a waiver of such rights or remedies.
9.4 Severance – If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.
9.5 Entire Agreement – (i) these Terms and the Charity Formation Service Application Form constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. (ii) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
9.6 No Partnership – Nothing in the Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
9.7 Third Party Rights - These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
10.1 These Terms and the rights and obligations of the parties shall be governed, interpreted and construed solely in accordance with English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.