Terms of Use

 

Stewardship America Giving Accounts

 

Thank you for giving with Stewardship America. The following links will guide you through the conditions of use for our services, helpful explanations of key terms we use and other general guidance to help you fully understand how we operate our Giving Accounts.

 

Contents:

1. About Us

2. About These Terms

3. The Legal Pieces

4. Privacy

5. Other General Terms

6. Helpful Explanations

7. General Guidance: Giving Accounts

 


 

1. About Us

Stewardship America is the operating name of Stewardship American Donor Fund UK Limited, a registered charity in England & Wales no. 1180678, and a registered company in England & Wales no. 11532453.  Stewardship American Donor Fund UK Limited is a wholly owned subsidiary of Stewardship American Donor Fund US, Inc, a US 501(c)(3) public charity with Employer Identification Number (EIN) 83-2161455.

Our registered office and main operating address is:

1 Lamb’s Passage,
London
EC1Y 8AB

If you have any questions or comments with regards to the information on this page, please get in touch with the Philanthropy Services team on 020 8418 8896 or by email to [email protected]

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2. About These Terms

This page contains the terms and conditions applicable to Givers who open a Giving Account with Stewardship America. By opening a Giving Account with us, you agree to and undertake to comply with the obligations set out in these terms and conditions.

If there is a difference between a provision in these terms and conditions and any information in our website, application forms, brochures or any other documents or terms relevant to or in respect of your relationship with Stewardship America, the provision in these terms and conditions is the one that shall apply.

For your own benefit and protection, we would recommend that you carefully read these pages. We also recommend that you print and keep this page in a safe place, as you may wish to refer to it in the future; although you can access this at any time on our website.

If there is anything that you do not fully understand, please ask for further information or seek professional advice or guidance.

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3. The Legal Pieces

Terms of Use 

  1. Stewardship America runs a donor advised fund, which is a type of charitable giving vehicle which makes it tax-effective and easy to give. As such, all funds Gifted by you into a Giving Account are Stewardship America’s and become part of our charitable funds. You can make requests to make Donations to Recipients. Funds that have been Gifted to Stewardship America are irrevocable, outright Gifts from you to us and cannot be returned to you.
  2. All Donations paid from your Giving Account to Recipients are made at the discretion of Stewardship America’s trustees. Stewardship America reserves the right to not make a Grant to a particular Recipient. These situations are rare but as a Christian charity an example would be that we cannot give to a charity advancing another faith.
  3. As Stewardship America is a registered charity, neither a Giver nor any of their close relatives can derive any benefit from any Gifts or any income deriving from the Gifts that have been received by Stewardship America.
  4. Stewardship America will be able to deduct from your Giving Account all costs and expenses that it incurs in connection with the operation and administration of your Giving Account. Information in relation to these costs can be found at stewardship.org.uk/america and may be subject to change.
  5. Stewardship America may (at its discretion) invest any amounts Gifted into a Giving Account and awaiting distribution. Any resulting investment income (by way of capital growth or investment returns) shall belong to Stewardship America and form part of its general charitable funds.
  6. If you are eligible, to enable us to reclaim UK tax on your charitable giving, you will need to complete a Stewardship America Gift Aid declaration. The UK tax reclaimed will then be added to your account.  On request, we will also provide you with a receipt for US tax purposes.

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4. Privacy

Prior to making a Gift, please make sure to review our privacy notice which is available at stewardship.org.uk/america.

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5. Other General Terms

  1. Stewardship America may act upon requests and information that it believes in good faith have been made by you (or an Authorised User).
  1. Stewardship America may provide general guidance about charitable giving for information purposes only. We do not offer tax, legal or investment advice and you are encouraged to seek advice from a qualified professional on your specific situation.
  2. As all amounts in your Giving Account are owned by Stewardship America, we owe no duty of care to you in relation to any Gifts or income in your Giving Account under our Terms of Use or in law, and as such (subject to the following paragraph) Stewardship America will not be liable to you for any loss, costs, damages or expenses. Any duty of care that Stewardship America owes in relation to amounts in your Giving Account are owed to the charitable beneficiaries of Stewardship America.
  3. Nothing in our Terms of Use limits or excludes Stewardship America’s liability for death or personal injury resulting from our negligence or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Stewardship America or its trustees, or for any matters for which the limitation or exclusion of liability is prohibited by law.
  4. To the extent that our liability is not lawfully excluded by our Terms of Use, our total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance or failure to perform under or in respect of these terms of use shall be limited to the amount deducted from your Giving Account in order to pay our charges, costs, contributions or expenses during the year in which the liability arose.
  5. If Stewardship America delays in exercising or fails to exercise a right or remedy under or in connection with these terms of use, this shall not constitute a waiver of, or prevent or restrict future exercise of, that or any other right or remedy we may have. Similarly the single or partial exercise of a right or remedy shall not prevent or restrict the further exercise of that or any other right or remedy.
  6. If any term of our Terms of Use is found by any court or body or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, such term shall be deemed to be severed from these terms of use and this shall not affect the remainder of these terms of use which shall continue in full force and effect.
  7. Our Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by English law and are binding upon both you and upon Stewardship America (and each of our successors, permitted assigns and permitted transferees).
  8. Each of us agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to any action, proceeding, claim, dispute or difference arising out of your Giving Account or otherwise in connection with your Giving Account.
  9. Our Terms of Use may be varied by Stewardship America from time to time and where possible, we will always notify you in advance of any changes.
  10. As well as our charges, we may be required to deduct amounts from your Giving Account which may be required to be paid to HMRC for any reason in relation to your Giving Account (including, without limitation, costs caused by any breaches of any requirements, including the ‘donor benefits rules’, which apply to Gift Aid).

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6. Helpful Explanations

  • Anonymous: Givers can ask to remain anonymous when making a Donation to a Recipient which means we will not provide Giver details to the Recipient.
  • Available funds: The balance on a Giving Account with Stewardship America is referred to as available funds i.e. the net of cleared Gifts in less Donations paid out.
  • Donation: This is the payment from a Giving Account to a Recipient account in response to a Giver’s Donation request. 
  • Eligibility of Recipients: We need to determine whether the work of a Recipient e.g. church or charity continues to be eligible under UK and US rules to receive Grants from us. We do this at the outset when a Recipient completes an application and at other times to verify their continued eligibility.
  • Gift: An irrevocable, outright gift of money or other financial assets by a Giver to Stewardship America. Gifts are made into the Giver's Giving Account. Once made, a Gift to Stewardship America forms part of our charitable funds and cannot be returned to the Giver. 
  • Gift Aid declaration: Where a Giver is eligible and has completed a Gift Aid declaration, we reclaim UK tax on their Gifts from HMRC under the Gift Aid scheme.
  • Giver: A giver (also known as donor) is an individual or organisation who makes a Gift to Stewardship America.
  • Giving Account: Givers are provided with a Giving Account to help manage their giving.
  • Grant: When a Donation is made to a Recipient account, funds accrue and at an agreed frequency, a bulk payment is made by Stewardship America to the Recipient’s bank account. We call this payment a grant.
  • HMRC: HM Revenue & Customs.
  • Linked Gifts: When a Giver makes a Gift into their account, they can ask us to automatically Donate the Gift and the Gift Aid to a Recipient. This is referred to as a linked gift.
  • Recipient: Those receiving Grants from Stewardship America (as funded from Gifts from Givers) are called Recipients. Examples are a charity or a church.
  • Recipient account: In order to facilitate the distribution of Grants, we set up an account for each Recipient. This also enables the Recipient to keep track of the individual Donations made into their account as well as the accumulation of these Donations into Grants paid to them by Stewardship America.
  • Reclaimed UK tax: This is the UK tax reclaimed from HMRC under the Gift Aid scheme.
  • Users: a) Primary user - An individual who sets up a Giving Account with us is the Primary User (or account holder) of that account. b) Authorised user(s) - A person(s) (not the Primary user) who has been authorised to help manage a Giving Account.

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7. General Guidance: Giving Accounts

Our Giving Account is the ultimate way to organise your giving in a simple, convenient way.

7.1 Putting Money Into Your Account

Cash Gifts

You can put money into your Giving Account at any time, either regularly or with one-off Gifts. The Gift will be credited to the balance of your Giving Account as soon as cleared funds have been received in Stewardship America’s bank account. When you make a Gift into your account, you can request that a Donation is made to a Recipient, with or without any reclaimed UK tax, as soon as the Gift has cleared. Adding the Gift Aid to the Donation is called a Linked Gift.

Non-Cash Gifts

Special US and UK tax reliefs are available for Gifts to charity of shares and securities. Shares Gifted to Stewardship America will usually be sold promptly and the funds will be credited to your Giving Account. However, Stewardship America has discretion to retain shares in asset form where there is reason to do so. Where your Giving Account includes non-cash assets previously Gifted to Stewardship America, it remains your responsibility to ensure that there are sufficient cash funds in the account to meet any Donation requests that you may make from time to time. Please contact us if you would like to discuss one of these types of Gift.

7.2 UK Tax Relief: Gift Aid

What is Gift Aid?

Gift Aid is a UK tax relief for those who pay income and/or capital gains tax, designed to benefit charities. Gift Aid increases the value of cash gifts into your Giving Account by the basic rate of UK income tax because as a registered charity, we can reclaim the basic rate of UK tax on your eligible cash Gifts.

Who is Eligible for Gift Aid?

If you have paid enough UK tax on your personal income and gains to cover the amount we are due to reclaim, you may be eligible for tax relief on your Gifts under the Gift Aid scheme. The reclaimed UK tax is then added to your Giving Account.

The Gift Aid Declaration

In order for us to reclaim UK tax on your giving, you will need to complete a Gift Aid declaration with us to confirm that you have paid sufficient tax for us to reclaim. This can be done when you open the account or at a later date.Gift Aid can only be claimed on Gifts made by you as an individual and will require you to have paid sufficient UK tax. By completing the declaration, it is important that you understand you are agreeing to the following:

  • You want to Gift Aid any Gifts you make to Stewardship America in the future (or in the past 4 years, if requested).
  • You are a UK tax payer and have paid enough Income Tax and/or Capital Gains Tax in any one tax year to cover the amount reclaimed on your giving to Stewardship America and to any other organisations that may be making Gift Aid claims on your behalf in that year.
  • You are Gifting your own money and confirm that the funds have not come from anyone else, including family members, nor from a collection or on behalf of a corporate body. Your Gifts should be based only on the UK tax paid by you personally.
  • The money you are Gifting is not the proceeds from sales of goods or services (e.g. cake sale, auction, car wash), nor from the sale of tickets.
  • You are not receiving anything in return for making Gifts to Stewardship America, e.g. an entry ticket to an event or a raffle ticket.
  • You must keep Stewardship America updated with your current address to ensure that Gift Aid claims are valid.
  • If you pay less UK income tax and/or capital gains tax than the amount of Gift Aid claimed on all your Gifts in that tax year, it is your responsibility to pay any difference back to HMRC.

If you complete a Gift Aid declaration, we will automatically reclaim UK tax on all Gifts into your account unless you specifically tell us otherwise. If your circumstances change (e.g. you retire and no longer pay enough UK tax to cover the Gift Aid on your charitable giving) and Stewardship America should not claim Gift Aid on your behalf, it is your responsibility to let us know. You can cancel your declaration at any time – just let us know.

How Our Gift Aid Claims Work

The reclaimed UK tax (less our administration fee) will be credited to your Giving Account once we receive it from HMRC and, if applicable, Donated to your chosen Recipient.

Other Information

  • Gift Aid is always claimed at the basic rate of UK tax, however if you pay UK tax at the higher or additional rate, you can claim additional relief on your Gift Aid Gifts directly from HMRC. You need to contact HMRC to reclaim this tax.
  • Please note that once a Gift has been made, we will not usually be able to adjust the tax status of the Gift. However in exceptional circumstances, or where we have made an error, this may be possible.
  • Under HMRC rules we are unable to reclaim tax if the Gift is on behalf of a group, company or another individual other than the Giving Account holder.

7.3 US Tax Relief

On request, we will provide you with a receipt for your Gift.  You can use this to claim US tax relief on your Gift (if relevant).

7.4 Making Donations From Your Account

We are able to support the majority of UK and US churches and charities, as well as many  overseas charities.

Who Can I Make Donations To?

Broadly, we can support most general charitable purposes recognised both in the UK and in the US, but because we are a Christian charity, we are not able to support charitable activities that oppose the Christian faith or advance another faith.

New Recipients

If we have not made a Grant to a particular Recipient before, we will need to determine their eligibility under UK and US rules by sending them a Recipient application form. We will follow a thorough eligibility process to check this out for you. As a result this may take a few weeks, particularly if the Recipient is outside of the UK.

How To Make Donations

You can make Donations from your account regularly as well as on a one off basis, as and when you choose. You can also contact us by phone, email or letter with the details of the Donation and the Recipient you want to support.

Linked Gifts

Depending on how you manage your giving, you can request that your Gift into the Giving Account, and the Gift Aid, are linked to the Donation from your Giving Account. This means that the Gift Aid will automatically be Donated to your chosen Recipient(s) proportionately. Alternatively, the reclaimed UK tax can simply be added to your account balance, ready for future Donation requests.

Anonymity

If you do not wish us to provide Recipients with your name and contact details when your Donation is arranged, you can request Donations to be anonymous.

Special Situations

  • Available Funds / Balance: Sufficient funds need to be held in your Giving Account for Stewardship America to process a Donation.
  • Donations For a Specific Purpose: Donations to charitable organisations will normally be applied to their general funds, however you may request that your Donation is allocated for a specific purpose by specifying an area of work, or providing a specific reference to this effect.

Other Information

  • Timing: If we haven’t made a Donation to a Recipient before, or for several years, we will check they are eligible to receive funds from us. This can sometimes mean that the Donation you have asked for is delayed.
  • Large Donations: We may need to undertake extra due diligence checks in relation to the Recipient and the purpose of the Donation. Stewardship America must follow protective legislation to ensure that Gifts in and Donations out are checked which means that on some occasions, there may be a delay. Where there is a long delay or we are unable to arrange your Donation, we will always keep you updated.

7.5 Our fees and Other Deductions

Why we charge a fee

We deduct a charge from your Giving Account for administering your giving. This covers our costs and to help us continue our charitable objectives. Our Trustees Annual Report and accounts are available each year on our website and provide up to date information on all of Stewardship America’s activities. In the event that we make a surplus from any of our charitable activities, this will always be put back into our charitable work and to further our charitable objectives.

How much we charge

Information about our current charges structure can be found at stewardship.org.uk/america, and is subject to change. Where we incur additional costs, perhaps for processing unusual or exceptional transactions, we may deduct a further one-off charge to pay for this, but we will always discuss this with you before making any deduction from your Giving Account balance.

7.6 Communication

You can write to us by email or letter, or contact us by phone, where we will go through our security procedures before discussing account details.

Statements

We can send statements at any time upon request. Your statement will include a summary of your giving, which can be particularly helpful if you are a higher or additional rate UK tax payer and complete a Self Assessment tax return.

Share Magazine

Our affiliate Stewardship Services (UKET) Limited produces a magazine called ‘Share’ a few times a year, which includes information and inspirational articles on generosity and giving. This will be sent you automatically but if you don’t want to receive it, just let us know by phone, email or post.

Publicity and Announcements

If the Recipient you are supporting would like to make any public announcements in relation to your Gift or Giving Account, for example, the naming of a building, please let us know in advance so we can make sure that this is done in a way that complies with our legal obligations and our internal policies and procedures.

7.7 Account Users

Primary Users

An individual who sets up a Giving Account with us is the Primary User (or account holder) of that account. Where Gift Aid is applicable to a Gift, it will always be claimed in the name of the Primary User, therefore all Gifts into the account must be from the original account holder who (if relevant) signed the Gift Aid declaration.

Authorised Users

We offer the ability for you to add other person(s) as an Authorised User on your account if you would like. This does not make it a joint account, but the other user(s) will be able to arrange Gifts and Donations, make changes and discuss details with us. To add an Authorised User, please contact us. To keep your information secure, only Primary Users and Authorised Users will be able to discuss the account with the Philanthropy Services team.

7.8 Closing Your Account

How Do I Close My account?

You are free to close your account at any time. Simply let us know and we will aim to cancel (within 30 days) any regular giving you may have set up. If there is a balance in the account please make sure this is Donated out before you would like to close the account.

What Happens to My Balance?

Because the funds in your account have been Gifted to us charitably, they form part of our charitable funds. As such, they cannot be returned to you and will need to be Donated to registered Recipient(s) or, alternatively, they may be applied generally for Stewardship America’s charitable purposes.

Other Reasons For Account Closure

In addition to voluntary requests from you to close your Giving Account, Stewardship America will also have the right to close your Giving Account if there are any material and ongoing breaches of these Terms of Use by you (and/or Authorised Users). We will always try to discuss any problems with you first, but if these cannot be resolved, we will have the right to close your Giving Account and apply the funds for charitable purposes (which may include our general funds).

7.9 Dormant Accounts

What happens if you stop using your account?

If your Giving Account has no regular Gifts or Donations, after 6 months of inactivity, your Giving Account will be classified as “dormant” and we will attempt to get in touch with you to remind you about your account.

What happens if we cannot get in touch with you?

If your account remains inactive after 6 months, we will make further attempts to get in contact with you. If we are unsuccessful, we may need to close your account. After a period of seven years from your most recent transaction, if we are unsuccessful in making contact and we cannot determine your wishes, we will apply the funds for charitable purposes (which may include our general funds). For clarity, any deduction of our fees, costs, contributions or expenses will not be considered to be a Donation from a Giving Account for these purposes. We will always do what we can to stay in touch with you. Please keep us updated with your current contact details.

7.10 Expression of Wishes

If you would like, you can provide us with details as to how you would like us to Donate any funds remaining in your account in the event of your death. This includes nominating a successor to continue Donation requests. You can do this by contacting us. If no Expression of Wishes has been left at the date of your death, the funds in your Giving Account will be Donated by Stewardship America, usually in line with your previous giving but ultimately at the discretion of Stewardship America’s trustees for charitable purposes.

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