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Terms of Engagement

Please find below a list of the considerations and requirements with each of the relevant actors throughout the process.

We would advise that these terms are used to form an agreement between you and other parties that can be agreed upon and signed.

The donor

Requirements on the donor’s side (donor must agree to the following):

  • To abide by the specified device requirements (technical and damage reqs)
  • That they own the device and have proof of purchase, if required
  • That upon donation they no longer have right of ownership
  • That the device poses no safety or ongoing legal issues
  • To perform a factory reset on the device (mandatory for smartphones/tablets)
  • To cancel any ongoing contracts and remove the SIM from the phone
  • They have full responsibility for the content on the device and backing up any data (i.e. if the data is lost, it is not the organisation's responsibility)

 

Requirements on the organisation/receiver's side (donor must agree to the following): 

  • Will attempt to ensure that data security and privacy is maintained throughout the donation process
  • Has no responsibility for data (and data loss) on the device has been donated
  • Will attempt to wipe devices in accordance with UK law Infosec Standard 5
  • Has indemnity for all claims against the device, data wiping to take place 
  • No returns are possible once the device has been donated
  • Is under no obligation to provide updates as to what happens to the device

Commercial restoration partners

Requirements on the commercial partner's side:

  • Once in their possession the commercial partner has full responsibility for the device
  • Any losses or issues which arise will be dealt with in line with commercial agreements
  • They will refurbish devices to the agreed standard (including data wiping)
  • They will install the desired Operating System on the device
  • They will recycle devices that do not meet the agreed standard
  • Recycling of devices will comply with UK E-waste regulation
  • Any profit for recycled devices will belong to the lead charity/organisation OR will be used to offset refurbishment costs

Partners providing/supporting device provision (if they are doing this)

  • Has responsibility for delivering the device, returning it if not used, and supporting the user setting up the device
  • Has responsibility as a data controller for determining if personal data is required to be collected and processed in the capacity of delivering services associated with this initiative and will take steps to understand and comply with the associated obligations under Data Privacy Law
  • Has responsibility to ensure the appropriate security of data in its possession as part of this initiative

The recipients

Requirements on the recipient's side (recipient must agree to the following):

  • Upon receiving the device you become the legal owner of the device. With that comes a responsibility to use it properly, repair it if it needs to be repaired, and if you would like to, insure it in case it gets lost, stolen or broken
  • Upon receiving the device you have full responsibility for the content and data stored/used upon the device 
  • If the device will be used by anyone under the age of 18, we ask that a responsible adult keep an eye on how that person is using the device because you will be responsible for that young person's use
  • You have responsibility for long-term data connectivity (post-completion of any initial data offerings)
  • If something does go wrong, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the devices; and for defective devices under the Consumer Protection Act 1987. We will only be responsible if our negligence causes death or injury, or it would otherwise be unfair for us to not be held responsible

 

Requirements on the organisation's side (recipient must agree to the following):

  • We are not liable for any loss or damage that you might suffer when using the device to the extent: (a) we have complied with these terms and such losses arise solely as a result of you not following our guidance in these terms, or (b) that loss or damage could not reasonably have been foreseen. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen
  • We are not liable for business losses. We only supply the devices for domestic and private use.

Ready to get started?

If you’re interested in setting up a Reboot project, why not download the full Reboot playbook? Regardless of your budget and IT skills, it will help you develop a well-structured Reboot process and maximise your donations!