Terms & Conditions
Welcome to FirstGiving. These terms and conditions govern your access to and use of this website and various online tools and services that FirstGiving makes available to donors, fundraisers, nonprofits, registrants and all others users of the FirstGiving service, collectively called Users of the FirstGiving service (the Service).
(a) Your Responsibilities. In accordance with terms and conditions contained herein, by accessing the Service, you agree to:
- be bound by the terms and conditions set forth herein,
- comply with any technical specifications, rules of operation or security procedures set forth by FirstGiving from time to time on the Service. From time to time we may revise or modify these terms and conditions by posting the revised terms and conditions through a link on our Site. While we will endeavor to provide notice to you of any changes to the pricing or other financial terms of these terms and conditions, whether or not we provide notice to you, you will be bound by the revised terms and conditions for all subsequent uses of this Service after such modifications have been made. If you do not agree to any of the terms and conditions set forth herein, you may not use this Service.
(b) FirstGiving’s Responsibilities to Users. In accordance with terms and conditions contained herein, 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). FirstGiving will
- be paid and process online donations (online Donations) made by individuals or entities (Donors) through the FirstGiving Service;
- hold the funds received through online Donations in a non-operating bank account;
- remit funds to the designated nonprofit, 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 FirstGiving’s Paid Event Registration module is used); and (C) If the nonprofit receives payment via Check, there will be a Check issuing fee of $20.00 per Check which will be deducted from each payment to the nonprofit. 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 and
- send 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 a nonprofit organization 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.
(c) FirstGiving User Accounts. FirstGiving User Accounts. We make this Service available for use by the general public and nonprofit users, subject to these terms and conditions. When you use this Service for any purpose, you will be asked for your name, address, email address, and other information to identify yourself or your organization and you will be given the option to create a FirstGiving account. In order to access and use the Service aside from making a donation, you must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited. When you create an account with FirstGiving, you will need to choose a password to access the FirstGiving Services. You are responsible for maintaining the confidentiality of your password. Keep your password in a secure place and do not allow any unauthorized persons access to your password. If you become aware of any unauthorized use of your password or other security breach, notify FirstGiving immediately.
2. 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 1(b) will be paid to FirstGiving at the time of the transaction. Payment to the designated nonprofit organization pursuant to Section 1(b) 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.
Notwithstanding the foregoing, any Fees described herein are exclusive of GST, which will be charged as a separate line item on invoices.
3. 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 nonprofits are made as unrestricted gifts and may not be specified for any particular purpose. The amount of donations to the nonprofit designated by you are charged on your credit card and paid to, and processed by, FirstGiving or its affiliates such nonprofit organization’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 nonprofit or payee of funds. FirstGiving forwards donations to the nonprofit at intervals as determined by FirstGiving and the nonprofit. It is as frequently as weekly but no less frequently than quarterly. Your donations to the nonprofit designated by you will be net of fees as designated in Section 1(b). 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.
4. INFORMATION ON WEBSITE
Any information; ideas or opinions posted by Users of the FirstGiving Service or website do 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:
- Harass, defame, intimidate or threaten another user;
- Interfere with another user’s rights to privacy;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene, offensive or indecent;
- Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
- Advertise or sell any goods or services.
5. 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.
6. PROPRIETARY RIGHTS
(a) Trademarked Material. You own all your Marks provided by you in connection with your use of this Service (collectively, “Your Materials”). You hereby grant to FirstGiving a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing, You authorize FirstGiving to include Your name and logo in a press release, case studies or other announcements and on the FirstGiving Site. FirstGiving obtains no other right, title or interest in Your Materials except as set forth herein.
(b) FirstGiving Material. FirstGiving and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by FirstGiving pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by FirstGiving pursuant hereto.
The names FirstGiving, FirstGiving.com, the FirstGiving logo 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 nonprofits 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 nonprofits 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
9. 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 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 applicable tax authority with respect to the characterization by You or any User on each of the applicable taxes, tariffs, duties and other charges or assessments imposed or levied by any government in connection with this Agreement, including without limitation any federal, provincial, state and local sales, goods and services, value-added, personal property or any other consumption taxes. Customer shall remain solely responsible for the payment of such taxes, if any.
(a) Your Indemnity. You agree to indemnify, defend and hold harmless FirstGiving and its officers, directors, employees, agents, successors and assigns, from any and all Losses arising from any third party claim, action or proceeding alleging (A) 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 (B) fraud or misrepresentation by You in connection with Your status as a nonprofit entity.
(b) Procedures. A party seeking indemnification hereunder (the “indemnitee”) shall promptly notify the other party (the “indemnitor”) upon receipt of notice of the commencement or threatened commencement of any action or proceeding that may be subject to indemnification hereunder. The indemnitor shall have sole control over the defense and settlement of such claim; provided that the indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with indemnitor in the defense or settlement of such claim.
(c) Remedies. This Section 11 states each party’s entire obligation to the other party and such other party’s sole remedy with respect to any claim of infringement.
11. LIMITATIONS ON LIABILITY
FirstGiving’s liability to You for any recoverable losses or damages arising under or in connection with these terms and conditions and your use of this Service shall be limited, to extent applicable, to (i) the actual direct damages incurred by You, in an amount not to exceed the total revenue received by FirstGiving resulting from your use of the Service provided hereunder during the most recently preceding 12-month period, or (ii) your discontinuance of any further use of such items or the Service. FirstGiving shall not be liable for: (i) damages caused by Your failure to perform Your responsibilities; (ii) claims or demands of third parties (other than those third party claims covered by Section 10); or (iii) any lost or corrupted data, any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if FirstGiving has been advised of the possibility of such damages. The foregoing limitations shall not apply to: (i) the payment of settlements, costs, damages and legal fees referred to in Section 11; or (ii) your obligation to pay amounts owed as compensation for the services hereunder. Notwithstanding the foregoing, to the maximum extent permitted by law, FirstGiving disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if FirstGiving has been advised of the possibility of such damages) arising out of (i) your use of the FirstGiving Site and Services or your inability to do so, (ii) your reliance on any content provided on the Service or through the services provided thereunder, and/or (iii) goods and services in any way associated with this Service and the services thereunder. The limitations of liability set forth in this Section 11 will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in these terms and conditions.
12. FORCE MAJEURE
Neither party shall be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance or observance without delay.
13. TERM & TERMINATION
Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by FirstGiving or (ii) your ceasing to use the Service. Sections 2, 4, 6, 7, 8, 10, 11, 12, and 14 shall survive any termination or expiration of these terms and conditions.
14. USER CONDUCT
You must at all times use this Service in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: 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.
FirstGiving will implement and maintain organizational, physical, and electronic security measures for the secure acceptance, processing and transmission of funds in keeping with industry standards in global e-commerce; and FirstGiving will comply with applicable data protection and privacy protections laws, codes of practice, and any other legal obligations associated with the collection, use and disclosure of Personal Information, if any, including disclosure to provide the Services and for Your use of the FirstGiving Platform.
These terms and conditions will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflicts of laws rules. Any provision of these terms and conditions that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. Neither these terms and conditions, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without FirstGiving’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and permitted assigns. No failure of FirstGiving to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.