For Givergy Unlimited:
• Service support per campaign includes an Intro Call from one of our team including a system set up overview, a Go Live call, online support through shared email, Live Chat, and use of the Givergy Community
• Access to the platform remains available for 12 months from the Client agreeing to these terms. All active campaigns must have concluded by this time, unless a new subscription license has been confirmed as per clause 2 below.
• Unlimited package must be linked to one nominated Client bank account for the safe and timely deposit of funds
• Three Campaign Management System (CMS) logins provided per Unlimited subscription package
• Givergy Unlimited package to be used exclusively by the contracted Client and its employees. Third-party usage is strictly prohibited
For a One Off Campaign:
• Access to the platform will be available for one fundraising campaign
• One Campaign Management System (CMS) login provided per one off campaign package
• The following statement will be included on Prize Draw webpages during the event: “For every $1 paid to this cause our technology partner, Givergy, shall receive a fee of 3% (including taxes) to cover payment processing and card fees; you can ensure that 100% of your ticket price goes to the cause by choosing to cover this processing fee.”
• The Prize Draw will and must sell tickets for a minimum $5 entry fee
Payment collection details:
• A Stripe Connect account must be set up and verified before the Client’s first campaign
• All payments will incur the additional 3% payment processing fee
• Funds to be transferred to the client on a weekly basis
• Payment processing fee to be taken from funds raised before they are transferred to the Client
Givergy Auction Items (only applies if using Givergy Auction Items):
• All Givergy items are on a sale or return basis – no financial outlay from you
• Givergy will retain the supply price of any Givergy items sold. All profit above the supply price goes to you
• Until further notice and in support of our clients during the Covid crisis, Givergy Auction Item winners shall have 12 months to redeem their e-voucher and 2 years to travel and enjoy their prize; this clause supersedes the contradictory clause in paragraph 8.1(e) below.
Government restrictions policy (only applies if using Givergy staff at a live event):
• Where Government restrictions or guidelines prohibit Givergy staff from travelling to the event, then the Client agrees that Givergy can, at its own reasonable discretion, perform its Services via its enhanced smartphone platform rather than providing tablets at the event. In these circumstances the fee remains the same as agreed
• Should additional, Covid-19 related costs be applicable through Givergy sending staff to an event (e.g. mandatory hotel quarantining on arrival/return, testing and other associated costs including those incurred due to changes in circumstances whilst our team are overseas supporting your event), the Client agrees to cover such reasonable costs in full
• Should the Client decide that such costs are not feasible, provided it gives at least 30 calendar days’ notice of the scheduled event date, the Client may:
o Take receipt of the Givergy tablets without Givergy staff, with Givergy providing remote training to the Client’s team. During the event, remote support will be provided. Please note that an adequate Wi-Fi connection at the venue is necessary; or
o Agree to switch to Givergy’s smartphone platform, which will be supported remotely by Givergy
Givergy Terms & Conditions
Givergy (AUS) PTY Ltd has a business address of PO BOX 422, CHERRYBROOK, NSW, 2126, Australia and is a wholly owned subsidiary of Givergy Ltd, a UK company with a place of business at The Studios, Rosedale Road, London, TW9 2SX. For clarity, Givergy Ltd in the UK is not a party to these Terms.
Please find here the terms and conditions for our award-winning services. Please note that in accordance with our values, our terms and conditions are drafted to be as fair as possible to our Charity partners, while protecting our business where necessary.
1. TERMS - INTERPRETATION
1.1 These terms and conditions ("Terms") set out the agreement on which Givergy (AUS) PTY Ltd ("Givergy") has agreed to provide the Services as contractor to you or to the organisation you are authorised to represent (“the Client”) and the Client has agreed to proceed on this basis and accordingly pay the fees due.
1.2 The following definitions apply in these Terms:
(a) "Data Protection Legislation" means the UK’s Data Protection Legislation including the Data Protection Act 2018 and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Legislation (EU 2016/679);
(b) "Event" means an online event organised by the Client, details of which the Client confirms online and wherein Givergy provides its Services;
(c) "Givergy Personnel" means any employees or contractors of Givergy who, on Client’s request, appear at the Event to help provide the Services;
(d) "Services" means the technical administration of promotional contests, silent auctions, auction items, online donations, ticketing and payment services hosted by Givergy for the Client.
2. START AND FINISH
These Terms start at the time the Client agrees to these Terms and ends when the Parties have both fulfilled their respective obligations or after 12 months in the case of an annual duration.
In order to terminate these Terms with an annual duration, Client agrees to email: firstname.lastname@example.org at any time before the 12 months come to an end and confirming it’s wish to terminate.
In the absence of a termination notice from Client as referenced above after the 12 month anniversary, these Terms having an annual duration, shall automatically renew and continue for a successive 12 months.
3. APPOINTMENT FOR THE PROVISION OF SERVICES
3.1 The Client hereby appoints Givergy as its contractor to provide the Services subject to these Terms.
3.2 Givergy uses Stripe Inc (“Stripe”) to process user payments. The Client shall create a Stripe account which shall include the Client’s bank account details. Stripe holds all monies for the Client in a separate account solely used for the benefit of the Client.
3.3 Givergy uses certain websites in connection with the Services (“Givergy Websites”) and Client agrees to comply with the provisions, rules, procedures and governance of the Givergy Websites in connection with the Services.
3.4 Client agrees that the Services provided by Givergy or its vendors/subcontractors are based upon proprietary and confidential information, materials and methodologies and that Client acquires no right, title or interest in such and to the extent that Client has access to such, Client shall treat such in the same manner as Client would treat its own proprietary and confidential subject matter but in no event less than a reasonable standard of care.
4. PAYMENT OF FEE
4.1 The Client agrees to pay the fee for Givergy’s Services (including any applicable taxes, including any sales, use, services or value added taxes) as follows:
(a) Any applicable fixed price to be paid on confirmation of Client’s booking via Stripe or where not available on receipt of invoice; and
(b) Client agrees that Stripe will pay out to Givergy an additional fee of 3% out of the total amounts raised from this separate account in order to cover Givergy’s payment processing fees (the ‘Payment Processing Fee’) and
(c) For any of Givergy’s Auction Items that are sold, the Client agrees that Stripe will pay out the fee associated with such item to Givergy before paying all remaining monies raised to the Client.
(d) Where, for any reason the Client agrees and Givergy refunds monies to an attendee of an Event and Givergy uses Stripe to do so, then Givergy will charge and the Client agrees to pay in addition to any refund amount the Payment Processing Fee for such refund amount.
(e) Where a bank or credit card company has requested and Stripe has paid monies over as a refund or for whatever reason from Givergy’s Client account, Givergy can demand in writing that same amount of money from the Client and the Client agrees to pay on receipt of invoice.
5. CANCELLATION OF SERVICES
5.1 The Client acknowledges that it may not cancel an Event and related Services except where it has paid for a one-off Event and where the cancellation option is specified for reasons of Force Majeure.
6. GIVERGY DUTIES
Givergy shall ensure that all Services are provided:
6.1 Using reasonable care and skill; and
6.2 In substantial accordance with the service levels set out at Schedule 1 (“Service Levels”); and
6.3 In connection with the Service in substantial accordance with all applicable laws and regulatory requirements.; and
6.4 If and where applicable, that any Givergy Personnel appearing at the Event to provide the Services are trained appropriately; and
6.5 Givergy shall make available on request and at all reasonable times any books, documents, or other records relating to the Services.
6.6 EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SERVICES ARE PROVIDED ‘AS IS’ AND ‘WHERE IS’ AND ARE PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY FORM, INCLUDING, ANY WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
7.1 Whilst Givergy uses all reasonable care and skill in providing the Services, Givergy shall not be liable for any consequential loss or damage, economic loss (including without limitation loss of revenues, profits, anticipated savings), loss of contracts, business and loss of goodwill or reputation arising out of the provision of the Services.
7.2 As Event organizer, promoter of the Event, operator of the Event, fundraiser, data controller and any activity other than the Services to be expressly provided by Givergy (“Event Activities”), the Client shall be solely liable for any breach of any laws or otherwise that result in any action against the Client, Givergy or both parties as to the Event and Event Activities. The Client is solely responsible for the Event and Event Activities and for its terms and conditions. Givergy is not a party to any contract for sale and purchase using its Services, nor to any contract for the Event or the Event Activities, other than this and whether or not arranged using the Services.
7.3 To the extent that Givergy may exclude or limit liability, Givergy’s entire aggregate liability in respect of any loss or damage suffered by Client arising out of or in connection with Services shall not exceed the amount the Client has actually paid for the Services.
7.4 Givergy shall not be liable for any acts or omission of Client or any third party not acting under the control or direction of Givergy.
7.5 Givergy shall not be liable for any claim asserted later than three months after the date the claim accrued.
7.6 Givergy Ltd in the UK has no liability or obligation to Client or any other person or entity.
8. WHERE THE CLIENT WISHES TO USE GIVERGY’S AUCTION ITEM SERVICES
8.1 Without prejudice to any other clause of these Terms, insofar as the Services to be provided by Givergy to the Client include or comprise Auction Item Services:
(a) the Client shall select from Givergy's online brochure the items to be made available for the Event and offer the items selected for auction (an "Auction Item");
(b) Givergy shall provide the title, description and imagery for any Auction Items to be provided. However, the Client acknowledges that Givergy is not the end-supplier or provider of the Auction Items and accordingly Givergy shall not be liable for any complaints received or costs incurred as a result of the Auction Item deviating from any description or imagery provided by Givergy;
(c) The Auction Item fee chargeable will be the supply price as set out in the latest edition of the Auction Item online brochure and as updated from time to time;
(d) Payment of any Auction Item fee is required only after an Auction Item is sold and shall be made automatically to Givergy from the Client’s Stripe account; Givergy shall issue an e-voucher to auction item winner within 24 hours of receiving payment;
(e) the Auction Item winner shall have 3 months from the date of issue of an e-voucher in accordance with the clause above to redeem the e-voucher, and must take up the prize associated with the Auction Item within 12 months of redemption;
(f) upon redemption of the Auction Item by the Auction Item winner in accordance with this clause, Givergy shall ensure delivery from the end-supplier of any physical items within 14 days of the Auction Item winner's request;
(g) Givergy is not the end supplier or the provider of items and accordingly shall accept no responsibility for, or liability relating to, the Auction Items in respect of the security or delivery of the Auction Item or the experience of the Auction Item winner as applicable. Givergy shall not be required to issue any refunds to any Auction Item winner unless and to the extent that Givergy is able to procure such refund from the Auction Item supplier
9. WHERE CLIENT REQUIRES GIVERGY PERSONNEL TO ATTEND AN EVENT
9.1 The Client shall, where Givergy Personnel are attending the Event:
(a) be responsible where appropriate for providing one adequate meal during the Event for each of the Givergy Personnel; and
(b) be bound by the decisions made and instructions issued by the person(s) working for the Client and on duty at the Event;
(c) ensure that the Services are completed at the agreed time. If for any reason the Client contact requires Givergy Personnel to continue the Services beyond the agreed time, then and on the understanding that it takes Givergy Personnel additional time at the end of the Services to pack down, the Client agrees to pay Givergy a further fee at a rate of:
a. Aus$ 95.00 per hour per member of Givergy Personnel who continues working beyond the agreed end time at the Event; or
b. Aus$ 95.00 per hour per member of Givergy Personnel who is required to work in excess of their standard hours of (i) 8.5 hours for a technical manager or (ii) 7 hours for an event manager and support staff
10. FORCE MAJEURE
10.1 Neither party shall be liable for breach of contract in relation to any default or failure to provide or receive the Services, if that default or failure is caused by an act or event that is beyond their reasonable control including, without limitation, pandemic, fire, floods, strikes, riots or lock-outs affecting any trade with which they are concerned or any action of government or quasi-government entity.
11. GENERAL MATTERS
Relationship of parties, applicable law, jurisdiction & dispute resolution
11.1 Givergy is an independent contractor and the relationship between the parties is non-exclusive.
11.2 These Terms are subject to and are governed by the laws of Australia and the parties agree to submit to the jurisdiction of the Australian courts.
11.3 These Terms may not be varied except in a signed writing and agreed by a duly authorised representative of Givergy and the Client.
11.4 If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction unless it may be modified in such jurisdiction by commercially reasonable construction so as to make it valid, enforceable and legal. In any event, the remainder of the Terms have full force and effect.
Continuing rights and obligations
11.5 The rights and obligations under clauses 1, 3.3, 4, 7, 10 and this clause 11 survive termination of these Terms.
11.6 Termination will not extinguish or otherwise affect any rights of one party against the other party which accrued prior to termination.
11.7 The rights and remedies of Givergy, including, all confidentiality, proprietary and intellectual property rights under these Terms are in addition to and not in lieu of rights at law and equity including, those available under patent, copyright and trade secret protection.
11.8 These Terms constitute the entire agreement regarding any Event and/or Services and any previous agreements, understandings and negotiations for the Event and/or Services cease to have any effect.
11.9 A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. Any failure or delay by a party to exercise any right or remedy under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Assignment & Subcontracting
11.10 Neither party may assign, licence or otherwise deal with any of its rights or obligations under these Terms, except that Givergy may, subcontract parts of performance of its Services, to other persons or entities (including, Givergy UK), provided however, Givergy remains responsible for the performance of the Services.
11.11 These Terms do not and the parties do not intend that it shall, create any right enforceable by any person not a party to it except that a person who is the permitted successor to or assignee of the rights of a party hereto is deemed to be a party to it.
Copyright & Data
11.12 The Client acknowledges Givergy is the owner or the licensee of all right, title and interest, including, all intellectual property rights (copyrights and otherwise), in the Services and the Givergy Websites.
11.13 In respect to Data Protection Legislation, Givergy has its own Data Processor Agreement, which it may also agree with the Client at around the same time as these Terms. In the absence of such Data Processor Agreement, the Data Protection Legislation and the terms appearing on any of the Givergy Websites shall apply.
The Client is the auctioneer, controller and promoter
11.14 Givergy, the Services and Givergy Websites are only a means of communication to participate at the Event. The Client is responsible for the auction, donation-drive, prize draw (including, free prize draw), the prize items and all terms and any and all other Event Activities.
11.15 Givergy shall be responsible only for the technology behind the silent auction, the donation-drive, promotional contest and the Auction Items or promotional contest items and it is therefore up to the Client to ensure that any or all Event Activities are operated in accordance with applicable laws and the Client agrees to be fully and solely liable for such.
11.17.1 The Client may notify Givergy by email which the parties consent to for all notices under these Terms and which is sent to this address: email@example.com. Givergy may notify the Client in writing by email to the address as set out by the Client at registration or to any change of email address once notified.
Schedule 1 – Service Levels
The following definitions apply to this schedule:
"Business Critical Fix" means any period of time where the Services are unavailable to the Client due to Givergy reasonably requiring to disable Services in order to perform an emergency software fix or workaround to any software used in the delivery of the Services;
"Commercially Reasonable Efforts" means the same degree of priority and diligence with which Givergy meets the support needs of its other similar customers;
"Client Cause" means any of the following causes:
(a) any improper use, misuse or unauthorised alteration of the Services by the Client;
(b) any use of the Services by the Client in a manner inconsistent with the then-current documentation provided to the Client; or
(c) the use of a non-current version or release of the Services.
"Fault" means any failure of the Services to operate in all material respects;
"Planned Maintenance" means any period of time where the Services are unavailable to the Client due to Givergy reasonably requiring to disable the Services in order to conduct regular maintenance to any software used in the delivery of the Services, provided such regular maintenance has been notified to the Client in advance of any Event;
"Service Availability" means 99% of the duration of the provision of the Services, but not including any Service Availability Exclusions;
"Service Availability Exclusions" means:
(a) Client Cause;
(b) any Fault caused by a third party;
(c) any Planned Maintenance; or a Business Critical Fix.
"Service Credits" means the service credits specified in the table set out in paragraph below.
All capitalised words in this Schedule 1 shall have the meaning as given herein or given to them in the Terms.
2. Service Availability
For the duration of the Services, as applicable, Givergy shall use Commercially Reasonable Efforts to provide the Services in accordance with the Service Availability set out in this Schedule.
In the event that Givergy fails to provide the Services in line with the Service Availability, the Client shall be entitled to Service Credits as set out below.
3. Service Credits
Service Credits shall be credited as a deduction from the fee issued to Client.
The provision of a Service Credit shall be the sole and exclusive remedy for a particular Service Availability failure.
Service Availability Service Credit
between 95-99% An amount equal to 25% of the fee due to Givergy for its performance of the Services.
less than 95% An amount equal to 100% of the fee due to Givergy.
||An amount equal to 25% of the Fee due to Givergy for its performance of the Services.
|less than 95%
||An amount equal to 100% of the Fee due to Givergy.