Terms & Conditions | Donation Policy & Legal Framework – Charity & Hope
Legal Document · Verified Framework

Terms &
Conditions

Comprehensive legal framework governing all contributions, gifts, and grants to Charity & Hope — protecting donors and our mission across every jurisdiction in which we operate.

July 21, 2024 Effective date
October 2024 Last revised
Version 2.0 Current release
International Jurisdiction

Important Notice

These Terms and Conditions govern all contributions, gifts, and grants made to Charity & Hope. By making a donation, you acknowledge that you have read, understood, and agree to be bound by these terms. This document provides international legal protection for both donors and the organisation.

Acceptance of Contributions, Gifts & Grants

1.1

Discretionary Acceptance Policy

The acceptance of any contribution, gift, or grant is at the sole and exclusive discretion of Charity & Hope ("the Organisation"). The Organisation reserves the absolute right to accept or decline any donation, regardless of amount, source, or nature.

  • Mission Alignment — The Organisation will not accept any gift unless it can be used or expended consistently with the charitable purpose, mission statement, and strategic objectives of the Organisation.
  • Reputational Considerations — Gifts from sources that may compromise the Organisation's reputation, integrity, or independence will be declined.
  • Legal Compliance — All accepted donations must comply with applicable local, national, and international laws and regulations.
  • Ethical Standards — The Organisation adheres to the highest ethical standards in all fundraising and gift acceptance practices.
Rejection Rights

Charity & Hope reserves the right to decline any gift that: (a) conflicts with our mission; (b) comes with unacceptable restrictions; (c) poses potential legal, financial, or reputational risks; (d) cannot be properly administered; or (e) originates from questionable or illegal sources.

1.2

Due Diligence Process

For donations exceeding $10,000 USD (or equivalent in other currencies), the Organisation conducts comprehensive due diligence, including:

  • Verification of donor identity and legitimacy
  • Source of funds investigation for anti-money laundering compliance
  • Conflict of interest assessment
  • Restriction and condition evaluation
  • Legal and tax implications review
Article 2

Irrevocable Gifts and Donor Protection

2.1

Financial Security Assessment

No irrevocable gift, whether outright or life-income in character, will be accepted if, under any reasonable set of circumstances, the gift would jeopardise the donor's financial security, well-being, or ability to maintain their standard of living.

  • Essential Living Expenses — Gifts that would deprive donors of funds needed for housing, food, healthcare, or other necessities
  • Emergency Reserves — Donations that eliminate reasonable emergency fund reserves
  • Dependent Support — Gifts affecting the donor's ability to support legal dependents
  • Medical Needs — Contributions impacting access to necessary medical care or insurance
  • Long-term Security — Donations compromising retirement security or long-term financial stability

Our Commitment to Donors

Charity & Hope is committed to ethical fundraising. We will actively discourage any gift that we believe may cause financial hardship to the donor or their family. Your well-being is as important to us as your generosity.

2.2

Life-Income Gifts: Special Provisions

For life-income arrangements including charitable gift annuities, charitable remainder trusts, and pooled income funds:

  • Minimum age requirements apply (typically 60+ years)
  • Minimum gift amounts are established for administrative efficiency
  • Actuarial calculations must ensure adequate remaining income for the donor
  • Professional legal and financial review is mandatory
  • A cooling-off period of 14 days applies before finalisation
Article 3

Tax and Legal Advice Policy

3.1

No Legal or Tax Advice Provided

The Organisation will refrain from providing advice about the tax or other legal treatment of gifts and will strongly encourage all donors to seek independent guidance from their own qualified professional advisers.

Critical Disclaimer

Charity & Hope staff, volunteers, and representatives are NOT qualified to provide tax, legal, or financial advice. Any information provided is for general educational purposes only and must not be construed as professional advice. Donors must consult with their own attorneys, CPAs, or financial advisors.

Recommended Professional Consultation:

  • Tax Advisors — For understanding tax deduction implications and benefits
  • Estate Planning Attorneys — For complex gifts, bequests, and estate planning integration
  • Financial Planners — For assessing donation impact on overall financial health
  • Certified Public Accountants — For accounting and reporting requirements
  • Investment Advisors — For gifts of securities and appreciated assets
3.2

International Tax Considerations

Tax deductibility varies significantly by jurisdiction. Donors should be aware that:

  • Tax treatment depends on donor's country of residence and tax status
  • International donations may carry different reporting requirements
  • Currency exchange implications should be considered
  • Some countries may not recognise foreign charitable deductions
  • Transfer taxes, VAT, or other levies may apply in certain jurisdictions
Article 4

Types of Acceptable Gifts

4.1

Cash and Cash Equivalents

The Organisation readily accepts donations of cash and cash equivalents, including:

  • Currency — All major international currencies (USD, EUR, GBP, XAF, etc.)
  • Cheques — Made payable to "Charity & Hope" or legal registered name
  • Wire Transfers — Direct bank transfers (preferred for large donations)
  • Credit/Debit Cards — Via secure online payment platforms
  • Digital Payments — Mobile money, PayPal, Stripe, and other verified platforms
  • Cryptocurrency — Bitcoin, Ethereum, and major cryptocurrencies (subject to conversion policies)
Preferred Donation Method

Cash donations provide maximum flexibility and allow us to direct resources where they are needed most. Online donations through our secure portal are processed immediately and provide instant tax receipts.

4.2

Publicly Traded Securities

The Organisation accepts donations of publicly traded securities, including stocks, bonds, and mutual funds listed on recognised exchanges:

  • Marketability — Must be readily marketable on established exchanges
  • Valuation — Valued at mean of high and low on date of transfer
  • Liquidation — Generally sold promptly upon receipt unless otherwise directed by the Board
  • Transfer Process — Electronic transfer via DTC or physical certificate delivery
  • Restrictions — Securities subject to Rule 144 limitations require special review
4.3

In-Kind Services and Goods

Gifts of in-kind services and goods are accepted at the sole discretion of the Organisation based on mission relevance, quality standards, administrative capacity, and liability assessment. Common in-kind donations accepted include:

  • Medical supplies and equipment (new, properly stored)
  • Educational materials and books
  • Professional services (legal, accounting, medical, etc.)
  • Technology equipment (computers, software licences)
  • Vehicles in good working condition
  • Food and agricultural products (subject to safety regulations)
Article 5

Special Considerations and Complex Gifts

5.1

Complex Gift Categories Requiring Review

Certain categories of gifts require enhanced review and approval prior to acceptance due to special obligations or potential liabilities:

Real Property:

  • Environmental site assessments (Phase I, Phase II if needed)
  • Title search and title insurance
  • Property appraisal by qualified independent appraiser
  • Zoning, encumbrance, and easement review
  • Ongoing maintenance and carrying cost analysis

Non-Liquid & Private Securities:

  • Closely held stock and private company shares
  • Limited partnership interests
  • Stock options and warrants
  • Restricted securities under applicable regulatory rules
Mandatory Review Process

All complex gifts must be submitted to the Organisation's Gift Acceptance Committee. The review process typically takes 30–60 days and includes legal counsel consultation, independent valuation, and risk assessment. Donors will be notified in writing of acceptance or declination.

5.2

Restricted Gifts and Conditional Donations

The Organisation reserves the right to decline any restricted gift where restrictions are deemed too burdensome, impractical, or inconsistent with organisational mission. Contributions with restrictions require special consideration, including:

  • Program Restrictions — Must align with organisational priorities
  • Time Restrictions — Endowments require Board approval
  • Naming Opportunities — Subject to specific naming rights policies
  • Conditional Gifts — Evaluated for feasibility of fulfilment
5.3

Source Transparency Requirements

The Organisation will not accept donations from:

  • Known or suspected criminal organisations
  • Designated terrorist organisations or individuals
  • Sources involved in human trafficking, slavery, or exploitation
  • Entities engaged in illegal environmental destruction
  • Organisations promoting hate, discrimination, or violence
  • Anonymous sources exceeding legal thresholds
Article 6

Acknowledgments and Documentation

6.1

Donor Acknowledgment Policy

The Organisation will provide acknowledgments to donors meeting applicable tax requirements. Acknowledgments include: organisation's legal name and tax ID; date of receipt; description and/or exact cash amount; statement on goods/services provided in exchange; confirmation of tax-exempt status; and timing (issued within 30 days or by January 31 for year-end gifts).

Important Valuation Limitation

Except for gifts of cash and publicly traded securities, no value shall be ascribed to any receipt or other form of substantiation. For non-cash gifts, the donor is responsible for obtaining independent appraisals and determining fair market value for tax purposes.

6.2

Record Retention

The Organisation maintains comprehensive records of all donations for a minimum of seven (7) years, including donor correspondence, gift instruments, acknowledgment letters, appraisals, Board resolutions for complex gifts, and disposition records for non-cash assets.

Article 7

Donor Intent and Privacy Rights

7.1

Honoring Donor Intent for Restricted Purposes

The Organisation will respect and honor the intent of the donor relating to gifts for restricted purposes. If circumstances change such that restricted gifts can no longer be used as originally intended, the Organisation will: make reasonable efforts to contact the donor; seek alternative uses as close as possible to original intent; apply cy pres doctrine consistent with applicable law; and obtain legal counsel guidance when appropriate.

7.2

Anonymity and Privacy Protection

  • Information Restriction — Donor identity restricted to only those staff members with a legitimate need to know
  • Public Recognition — No public disclosure without explicit donor consent
  • Internal Protocols — Strict confidentiality procedures and staff training
  • Legal Requirements — Disclosure only when required by law or court order

Privacy Commitment

Charity & Hope is committed to protecting donor privacy. We do not sell, trade, or share donor information with third parties except as required by law. Our privacy policy complies with international data protection regulations including GDPR, and we implement robust security measures to safeguard donor data.

7.3

Data Protection and GDPR Compliance

For donors in jurisdictions covered by data protection laws, you have the right to: access, correct, or erase personal data held by the Organisation; data portability; withdraw consent for marketing communications; object to processing; and lodge complaints with supervisory authorities.

Article 8

Prohibition on Third-Party Compensation

8.1

No Finders' Fees or Commissions

The Organisation will NOT compensate, whether through commissions, finders' fees, or other means, any third party for directing a gift or a donor to the Organisation. This prohibition includes commission-based fundraising, finders' fees, contingent compensation, kickbacks, and referral bonuses.

Legal and Ethical Requirement

This policy aligns with international ethical fundraising standards set by the Association of Fundraising Professionals (AFP), the Fundraising Regulator, and similar bodies worldwide. Violations may result in legal sanctions and loss of charitable status.

8.2

Permitted Compensation Arrangements

  • Salaried Staff — Reasonable salaries for employed fundraising professionals
  • Fixed-Fee Consultants — Predetermined consulting fees not tied to gift amounts
  • Professional Advisors — Legal, accounting, and appraisal fees paid directly by donors
  • Event Vendors — Standard fees for event services unrelated to donation amounts
Article 9

International Legal Framework

9.1

Multi-Jurisdictional Compliance

As an international organisation operating across multiple jurisdictions, Charity & Hope complies with:

  • Cameroon Law — Law No. 99/014 of 22 December 1999 governing NGOs; CEMAC financial regulations; national AML/CFT requirements
  • FATF Recommendations — Financial Action Task Force international standards
  • African Union — Convention on Preventing and Combating Corruption
  • European Union — GDPR for EU donors; Anti-Money Laundering Directives
  • United States — FATCA reporting; IRS compliance for US donors
  • United Kingdom — Charity Commission guidelines for UK supporters
9.2

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Cameroon. Any disputes shall be resolved through:

  1. Good Faith Negotiation — Initial attempt at amicable resolution
  2. Mediation — Non-binding mediation before a neutral third party
  3. Arbitration — Binding arbitration under OHADA Uniform Act rules
  4. Jurisdiction — Courts of Douala, Cameroon for final adjudication
Language of Interpretation

In case of translation discrepancies between any versions of these Terms, the English-language version shall prevail and take precedence.

Article 10

Liability Limitations and Indemnification

10.1

Organisational Liability Limitations

To the fullest extent permitted by applicable law, the Organisation provides no investment, financial, or tax advice and accepts no liability for donor financial decisions; makes no representations regarding tax deductibility; is not liable for asset valuation disputes or market fluctuations between pledge and receipt.

Maximum Liability Cap

In no event shall the Organisation's total liability to any donor exceed the actual amount of the donation received. The Organisation shall not be liable for indirect, consequential, incidental, special, or punitive damages.

10.2

Donor Representations and Warranties

By making a donation, donors represent and warrant that:

  • They have legal ownership and authority to donate the gifted property
  • The gift is free from liens, encumbrances, or adverse claims
  • All information provided is accurate and complete
  • The donation complies with all applicable laws and regulations
  • Funds are from legitimate, legal sources
  • They have consulted appropriate professional advisors
10.3

Donor Indemnification

Donors agree to indemnify, defend, and hold harmless Charity & Hope, its officers, directors, employees, volunteers, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: breach of donor representations; ownership disputes regarding donated property; environmental contamination of donated real property; product liability claims for donated goods; intellectual property infringement claims; or any illegal activity related to the source or nature of the donation.

Article 11

Additional Legal Provisions

11.1

Amendment and Modification

The Organisation reserves the right to amend, modify, or update these Terms and Conditions at any time. Material changes will include a 30-day advance notice period. Amendments do not retroactively affect completed donations. Making subsequent donations constitutes acceptance of amended terms.

11.2

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, shall be severed. The remaining provisions shall continue in full force and effect.

11.3

Anti-Corruption and Bribery

The Organisation maintains zero tolerance for corruption and bribery. All donations must comply with applicable anti-corruption laws including the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, the OECD Anti-Bribery Convention, and the African Union Convention on Preventing and Combating Corruption.

11.4

Force Majeure · Waiver · Entire Agreement

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control (acts of God, war, terrorism, pandemics, natural disasters, government actions). No waiver of any provision shall constitute a continuing waiver unless executed in writing by an authorised representative. These Terms, together with any specific gift agreements executed in writing, constitute the entire agreement between the donor and Charity & Hope regarding donations.

July 21, 2024
2.0
October 14, 2024
July 21, 2025
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Contact Information — For Questions About These Terms

Phone
+237 699 687 259 (Cameroon)
+1 (234) 567-890 (International)
Address
Charity & Hope Headquarters
Douala, Cameroon
Online
www.charityandhope.org
Available 24/7
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