Terms & Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE FIRSTGIVING SERVICE.
Subject to all terms and conditions of this Agreement, which may be revised at Company’s discretion from time to time, you may use the Service available during the Term. Access to and use of the Services are subject to the terms and conditions described herein. Specifically, the Services are designed to facilitate the process online donations (“Online Donations”) made by individuals or entities (Donors) through the FirstGiving Service. Any other access or use is strictly prohibited. No rights are granted except as explicitly set forth herein.
(b) FirstGiving Responsibilities to Users. If you are a User, FirstGiving will perform and You authorize FirstGiving to provide as Your agent and on Your behalf, the following services (the Services):
- In exchange for the Services described herein, FirstGiving will be paid and process online donations (online Donations) made by individuals or entities (Donors) through the FirstGiving Service.
- FirstGiving holds the funds received through online Donations in a non-operating bank account.
- FirstGiving remits funds to the designated NPO by check or electronically to the bank account the online Donations, less (A) a service fee of 7.5% of online donations collected via the FirstGiving service, (B) 4.25% for fees collected for all online event registrations processed through our system (only applies if FirstGivings Paid Event Registration module is used). These fees above are inclusive of all credit card processing and banking fees; these fees are subject to change at any time at the discretion of FirstGiving. Notwithstanding the foregoing the fees charged through a FirstGiving API partner may vary.
- FirstGiving sends a thank you email and transaction receipt to Donors. FirstGiving also automatically generates and sends a series of emails to fundraisers and donors to assist them in more effectively using the FirstGiving Service. FirstGiving will make available to nonprofit users (i.e., an individual authorized by an NPO whose supporters use the Site to raise money for such organization), online reports identifying, where available, the name, address, email and transaction accounting details of the individuals or entities that have made online Donations to their organization along with amount of the online Donation.
3. Payments; Taxes
Donors will pay the online Donations by credit card to FirstGiving as your Agent. The fees deducted by from the online Donations pursuant to Section 2 will be paid to FirstGiving at the time of the transaction. Payment to the designated NPO pursuant to Section 2 above will be made either (a) weekly via electronic funds transfer or monthly if payment is via check if the funds due to such participant exceed $99.99 or (b) no less frequently than quarterly if the funds due are less than $99.99. Payments will be sent on or about the 17th of the month following the end of the relevant payment period. These payment schedules are subject to change at any time at the sole discretion of FirstGiving. Nonprofit users will be responsible for taxes based on its net income or gross receipts.
4. Donations to Nonprofits; Our fees
If you are a Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. All donations to NPOs are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the NPO designated by you are charged on your credit card and paid to, and processed by, FirstGiving or its affiliates such NPO’s behalf. Any payments of donations are final and non-refundable. The donations will be held in a non-operating bank account until such time as FirstGiving forwards the donations to the NPO or payee of funds. FirstGiving forwards donations to the NPO at intervals as determined by FirstGiving and the NPO. It is as frequently as weekly but no less frequently than quarterly. Your donations to the NPO designated by you will be net of fees as designated in Section 1(b)(iii). This fee structure is subject to change from time to time at the sole discretion of FirstGiving. Users agree not to use an invalid or unauthorized credit card in making transactions on the FirstGiving site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
5. UNRESOLVED FUNDS
You understand and agree that there are some instances that donations will not be delivered to the specific NPO of the Donor’s choice (“Unresolved Funds”). These instances include, but are not limited to the following: (i) returned checks; (ii) uncashed checks; and (iii) NPOs that close/ loss of IRS tax-exempt status. FirstGiving will make its best efforts to deliver the donation to the specific NPO of the Donor’s choice. In the event that the Unresolved Funds cannot be delivered to the NPO, United Way WorldWide (Default NPO) will receive all funds after twelve (12) months of the donation date.
6. Information on Website
Any information; ideas or opinions posted by Users of the FirstGiving Service or website does not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not: (i) harass, defame, intimidate or threaten another user; (ii) interfere with another user’s rights to privacy; (iii) post any material that is defamatory (i.e., disparaging to the reputation of an individual or business); (iv) post any material that is obscene, offensive or indecent; (v) post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner; (vi) operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise; (vii) post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or (viii) advertise or sell any goods or services.
7. Partner Services
Our website may provide links to third-party websites or services and may link you automatically to sponsors’ or third party’s websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party websites or services.
8. Proprietary Rights
The names FirstGiving, FirstGiving.com, the FirstGiving logo, FrontStream and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not FirstGivings, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit FirstGiving. Other trademarks, service marks or logos that appear on the Site or anywhere in the FirstGiving service is rendered, in particular (but not exclusively) those of NPOs registered with FirstGiving are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both FirstGiving and the trademark owner.
All content on this Site is owned by FirstGiving, the NPOs registered with FirstGiving, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services’ content is permitted without the express prior permission of FirstGiving, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to email@example.com
11. Representations and Warranties; Disclaimers
Use of this Service is at your sole risk. FirstGiving provides the tools, the Site, and the services on an “As Is”, “As Available” basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law, FirstGiving expressly disclaims any and all such other warranties. FirstGiving makes no representation as to whether all or any portion of the online Donations are tax deductible. FirstGiving will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns.
You agree to indemnify, defend and hold harmless Company and its affiliates, officers, directors, employees, agents, contractors, licensors and any information providers and any other service or software providers for Company, from and against any and all third party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) resulting from or incurred as a result of (A) your breach of or default under the terms or conditions of this Agreement, (B) any negligence, gross negligence or willful misconduct by or on behalf of you or your employees or agents. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with Company in the defense of such matter; (C) that your Materials or the use thereof by FirstGiving or Donors, (i) violates or infringes the Intellectual Property Rights of any third party, (ii) violates any applicable law, rule or regulation, or (iii) constitutes, or contains material that constitutes, libel, defamation or an invasion of privacy or (D) fraud or misrepresentation by You in connection with Your status as a nonprofit entity.
13. Limitations on Liability
14. Force Majeure
Performance of any duty or obligation hereunder by either party shall be excused if prevented by acts of God, information providers or other service providers, public enemy, war, terrorism, any accident, explosion, fire, storm, earthquake, flood, strike, computer outage or virus, telecommunications failure or any other circumstance beyond or event beyond a party’s reasonable control.
15. Term; Termination
16. User Conduct
At all times you shall use this Service in a responsible and legal manner. In particular (but not exclusively) you must not: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display, promote or forward surveys, contests, raffles, lotteries, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and FirstGiving tools and services.
American Express® Card Acceptance
- American Express Compliance. Sponsored Merchant agrees to comply with all Applicable laws, rules and regulations, including the American Express Merchant Operating Guide requirements, which are incorporated into this Agreement by reference as if they were fully set forth in the Agreement. The American Express Merchant Operating Guide may be viewed at: americanexpress.com/merchantopguide.
- High Charge Volume Sponsored Merchants. In the event that Sponsored Merchant’s Estimated Annual Charge Volume becomes $1,000,000 USD or greater, Sponsored Merchant will become a direct Card-accepting merchant under the standard American Express acceptance program and cease to be a Sponsored Merchant under Payment Service Provider. As a direct Card-accepting merchant, Sponsored Merchant will be bound by American Express Card acceptance agreement and American Express’s Discount and other fees and assessments shall apply.
- Processing Restrictions. Sponsored Merchant is prohibited from processing Transactions or receiving payments on behalf of, or (unless required by law) re-directing payments to any other party.
- Third Party Beneficiary Rights.
- Sponsored Merchant confers on American Express the beneficiary rights, but not obligations, to the Sponsored Merchant’s Agreement and subsequent addendums (collectively the “Agreement”) between Sponsored Merchant and Payment Service Provider and, as such, American Express has the express right to enforce the terms of the Agreement against the Sponsored Merchant.
- Sponsored Merchant warrants that it does not hold third party beneficiary rights to any agreements between Payment Service Provider and American Express and at no time will attempt to enforce any such agreements against American Express
- American Express Liability. SPONSORED MERCHANT ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AMERICAN EXPRESS, ITS AFFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO SPONSORED MERCHANT FOR ANY DAMAGES, LOSSES, OR COSTS INCURRED, INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES, REGULATIONS, OR ANY OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT.