NetGiver Terms of Use - Nonprofit

Effective Date: February 01, 2019
Last Updated Date: March 03, 2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

 1. Summary

Welcome to the NetGiver, LLC website (the “NetGiver Platform”) operated by NetGiver, LLC (“NetGiver,” “we,” or “us”). By using the NetGiver Platform, you acknowledge that you have read and agree to be bound by the following Nonprofit Organization -- Terms of Use (the “Terms”) and by our Privacy Policy available below, which is incorporated herein by reference, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by NetGiver from time to time by posting a link on the NetGiver Platform. You and the nonprofit organization you represent agree to be bound by such revised Terms as they may be posted from time to time. Nothing in these Terms may be construed to create or confer any rights on third-party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use or continue to use the NetGiver Platform.

2. Registered Charities and Registered Administrator(s)

The NetGiver Platform maintains information for qualifying tax-exempt organizations included in NetGiver Platform’s database identified by Charity Navigator as public charities determined to be tax-exempt under Section 501(c)(3) of the Internal Revenue Code (each, an “Eligible Charity”). If you are affiliated with an Eligible Charity, you may register the Eligible Charity with NetGiver to become a “Registered Charity” in order to receive charitable donations through the NetGiver Platform. The existence of information on the NetGiver Platform for either an Eligible Charity or Registered Charity does not constitute a solicitation for donations on the part of NetGiver. NetGiver does not engage in any solicitation activities on behalf of any Eligible Charity or Registered Charity. When you register an Eligible Charity as a Registered Charity you will receive a user account with administrative access to a dashboard that will allow you to function as the administrator for the Registered Charity (a “Registered Administrator”), thereby allowing you to provide banking information, update content on the Registered Charity page, and access donation reports for the Registered Charity. In the future, a Registered Charity may have more than one Registered Administrator; all of the Terms contained herein shall apply to every individual who is a Registered Administrator for a Registered Charity on the NetGiver Platform.

By registering a Registered Charity and becoming a Registered Administrator you agree that:

You have authority to represent the Registered Charity in completing its registration and receiving donations through the NetGiver Platform.

You will provide true, accurate, and complete information through the NetGiver Platform.

You (and any other Registered Administrator) are liable and responsible for all actions taken via your user account related to the Registered Charity.

You are either an employee, agent, or volunteer of the Registered Charity and you are not receiving a percentage of any amounts contributed to a Registered Charity for fundraising activities conducted on the NetGiver Platform.

Any bank, credit union, or other financial institution account that is connected with NetGiver is owned by the Registered Charity.

You do not have authority to act on behalf of, speak for, or obligate NetGiver in any manner.

3. Donations Received on NetGiver

The NetGiver Platform is a mobile giving app offered by credit unions who have registered with NetGiver (the “Credit Union”) to the Credit Union’s members who have registered as “Users” on the NetGiver Platform (for purposes of the NetGiver Platform, sometimes these Users are referred to as “Members” or “Donors”). It is also made available to the community at large, not directly through their membership in a sponsoring credit union. Donations made by Donors on the NetGiver Platform in support of Registered Charities are complete and final charitable donations and are not refundable to the Donor unless a Registered Charity is no longer a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code. In the event the Registered Charity loses its tax-exempt status for any reason, the Registered Charity is expected to refund the Donor any money donated by the Donor through the most expedient means available to the Registered Charity or to otherwise correct any issues that may arise in connection with a contribution made to a Registered Charity that cannot receive charitable donations. The NetGiver Platform cannot reverse the transaction to refund the money to the Donor.

4. Zero Cost to Receive and Make Donations; How it Works

Unlike other online giving platforms, NetGiver does not pass on the cost of transmitting donations from Donors to Registered Charities. The nominal cost of transmitting the charitable donations from the Donor to the Registered Charity is indirectly borne by the sponsor Credit Unions and other organizations that pay for access to the platform. NetGiver is able to cost-effectively transmit charitable donations because it uses an ACH (Automated Clearing House) transaction instead of a credit card transaction to transmit funds to Registered Charities. These ACH transactions are initiated by the Donors and facilitated through the NetGiver Platform to be received by the Registered Charities. Unlike other giving apps, neither NetGiver nor any affiliate of NetGiver takes possession of any funds donated by a Donor to a Registered Charity. All donations facilitated by the NetGiver Platform are direct transactions between the Donor and the Registered Charity.

5. Insufficient Funds; Denied Transaction; Returned Donation

Because donations made on the NetGiver Platform are done via an ACH transaction directly between the Donor and the Registered Charity, a situation could arise whereby the Donor does not have sufficient funds in the Donor’s account with the Credit Union to honor the transaction (“Insufficient Funds”) when the donation is made. If the Donor has Insufficient Funds to make the donation, either the donation to the Registered Charity will not be completed (a “Denied Transaction”) or, if for some reason the donation is honored by the Credit Union, it may be necessary for the Registered Charity to return the donation that was received (a “Returned Donation”). For a Registered Charity, a Denied Transaction is very similar to a dishonored check. Generally, in the event of a Denied Transaction, the Registered Charity does not have to take any actions as long as a charitable donation letter has not been issued. A charitable donation letter issued to a Donor who makes a Denied Transaction, should be revoked by the Registered Charity. In the event of a Returned Donation, NetGiver will work with a Registered Charity to undertake the best method to return the donation. Under no circumstances will NetGiver be responsible for a Denied Transaction or a Returned Donation.

6. Charged Back or Refunded Donations

6.1 As set forth herein, the NetGiver Platform enforces a strict “No Refund” policy for contributions made by Donors.

6.2 However, NetGiver recognizes circumstances where additional reversals of transactions are necessary.

(a) A Charge Back transaction occurs when the Donor files a dispute with NetGiver or the Financial Institution stating that the Donor did not authorize or does not recognize the transaction made from their account (a “Charge Back”). The NetGiver Platform will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Registered Charity. However, if NetGiver is unable to resolve such cases, NetGiver will endeavor to correct the Charge Back transaction and may require the Registered Charity to return the funds received.

(b) A Gross Error transaction occurs when the Donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $1,000.00 donation instead of $10.00 donation. The NetGiver Platform retains sole authority to determine the exact criteria of a Gross Error transaction. In the event of a Gross Error transaction, the Donor should contact the Registered Charity in order to attempt to correct the error.

(c) Only the authorized Donor may donate through the NetGiver app to a Registered Charity on the NetGiver Platform. A third party may not use the Donor’s information or enter donations on behalf of the Donor. This restriction does not preclude the use of computer terminals or kiosks, with access to the NetGiver Platform, for the Donor to make a donation. If a Registered Charity receives a donation from an unauthorized party, the donation may need to be returned as a Charge Back or a Gross Error

7. Electronic Funds Transfer Authorization

The Registered Charity authorizes, and this section constitutes an authorization agreement for, Automated Clearing House pre-authorized payments. The Registered Charity hereby authorizes NetGiver to originate debit and/or credit entries via the Automated Clearing House to the bank or credit union account indicated in the profile you created when you opened or updated your account on the NetGiver Platform. This authorization is intended to allow NetGiver to transfer donations from the Donor to the Registered Charity, and also to allow NetGiver to debit the Registered Charity’s account in the event of a Returned Donation, a Charge Back, or a Gross Error. In the instance that the Registered Charity’s account cannot be debited, an alternative method must be agreed upon by NetGiver and the Registered Charity in advance of connecting an account to the platform.

This authorization will remain in effect until the Registered Charity has provided, and NetGiver has received, written notification of termination. In addition, NetGiver, in its discretion, may terminate the Registered Charity’s ability to participate in the Electronic Funds Transfer system. Any termination will take effect only after all entries originated by NetGiver have been honored by the bank.

Registered Charity and NetGiver hereby agree to be bound by the National Automated Clearing House Association (NACHA) rules relating to payment entries in the administration of these debit and credit entries. Debit and credit entries will be initiated only as authorized above. Any issues, objections, or discrepancies regarding the amounts debited or credited must be reported no later than 90 days from debit or credit date in writing to NetGiver at 323 Washington Ave North, Minneapolis, MN 55401, email: hello@NetGiverApp.com. 

8. No Goods and Services in Exchange for Donations 

The NetGiver Platform prohibits Registered Charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for donations. The NetGiver Platform may only accept pure contributions and not part gift and part sale transactions.

9. Responsibility for Donor Expressions of Preference about Use of Funds

The NetGiver Platform may provide an opportunity for a Donor to indicate preferences for the specific use of the funds the Donor donates. If a Donor expresses such a preference, it will be noted in the donation report made available to the applicable Registered Charity. Indication of such a preference does not necessarily require that funds will be used in a manner consistent with any such preference, and NetGiver will not be responsible for nor will NetGiver be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation's use is merely an expression of preference and does not give rise to any contractual obligation on the part of NetGiver to ensure that funds are used as directed.  

10. Reporting

10.1 NetGiver will provide you with reports as to Donations made to you through the NetGiver Platform (“NetGiver Reports”).

10.2.  These NetGiver Reports will include, at a minimum, a list of all donations transferred through the NetGiver Platform, a memo (if provided by Donor), the date and amount of each donation, and each Donor’s name and contact information unless the Donor indicates at the time of making a donation that the Donor wishes to remain anonymous. It is the responsibility of the Registered Charity to send donation acknowledgment letters to the Donors as required by the IRS.  

11. Website Content

The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the NetGiver Platform is used by NetGiver in conjunction with the services they are providing including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology, and software, and the look and feel of the NetGiver Platform (collectively, “Platform Content”), are owned by NetGiver or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit any Platform Content, without express written permission from NetGiver or its licensors.

12. Use of Logos

A Registered Administrator cannot use a Registered Charity’s logos or stylized versions of its name (“Logos”) on the NetGiver Platform unless the Registered Charity has authorized the Registered Administrator to use such Logos.  However, you may refer to the Registered Charity’s name solely in a generic “fair use” manner without using any of its Logos, or other trademarks.

13. Registered Charity Content

The NetGiver Platform may allow you to upload, post, and/or share information, text, data, photographs, audio, video, images, graphics, logos, symbols, documents, and other content (collectively, “Registered Charity Content”). NetGiver permits you to use the NetGiver Platform, and the services provided by NetGiver subject to your acknowledging and agreeing to the following conditions:

In creating and maintaining your page on the NetGiver Platform, you grant a limited, non-exclusive, royalty-free license to NetGiver to display the Registered Charity Content that you upload for the exclusive purpose of promoting you on the NetGiver Platform. The foregoing license does not provide NetGiver any rights to sell or license any Registered Charity Content therein to any other third parties, use the Registered Charity Content for any other media, and/or use the Registered Charity Content for advertising and promotion of the NetGiver Platform except on an aggregated basis.

Registered Charity Content posted by you and other users of the NetGiver Platform does not necessarily reflect the views of NetGiver.

NetGiver may, but is not obligated to, remove without prior notice any Registered Charity Content that it determines in its sole discretion is fraudulent, threatening, libelous, defamatory, or otherwise objectionable, unlawful, obscene, infringing, or in violation of any Party’s intellectual property or other proprietary rights, or in violation of these Terms. NetGiver’s failure to block or remove any Registered Charity Content, however, is not a warranty, endorsement, representation, or guarantee regarding such Registered Charity Content.

The posting of Registered Charity Content is solely the responsibility of each Registered Charity’s Administrator and/or Volunteer Fundraiser. NetGiver does not assume responsibility for the accuracy of any information, ideas, or opinions posted by you or other users of the NetGiver Platform and is not liable for any claims, damages, or losses resulting from such information, ideas, or opinions.

You have sole responsibility for your Registered Charity Content and the consequences of posting Registered Charity Content to the NetGiver Platform.

You agree that any Registered Charity Content will accurately describe that contributions made via the NetGiver Platform are completed gifts.

You represent and warrant that your Registered Charity Content does not infringe the copyright, trademark, publicity/privacy right, and/or other intellectual property or proprietary rights of any third party.

14. NetGiver’s Limited License to You

NetGiver hereby grants you a limited, non-exclusive, royalty-free license to: (1) create a profile on the NetGiver Platform solely in accordance with these Term of Use for the purpose of raising contributions for the Registered Charity; (ii) use the NetGiver dashboard and materials to receive funds through the NetGiver Platform; and (iii)  display the trademark NetGiver ® and the NetGiver logo® and the NetGiver tagline “Give Freely” (the “NetGiver Trademarks”) solely on your materials for purposes of raising funds through the NetGiver Platform. 

You acknowledge the ownership of the NetGiver Trademarks by NetGiver, and all use of the NetGiver Trademarks by you inures to the benefit of NetGiver. You may not incorporate any NetGiver Trademark within any trademark, trade name, or domain name created by you.  

The NetGiver Platform can be used for no other purpose than for the Registered Charity to receive charitable donations from Donors.

The NetGiver Platform may only be used  for non-commercial  use to promote philanthropic charitable giving. No one may use these services or the NetGiver Platform for any commercial purpose, or for any other purpose without our prior written consent.

You may not use the services provided by NetGiver or the NetGiver Platform for any illegal or unauthorized purpose. While using the NetGiver Platform, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations.

15. Copyright Infringement Under the Digital Millennium Copyright Act (“DMCA”)

In accordance with the United States Digital Millennium Copyright Act (“DMCA”) and the Online Copyright Infringement Liability Limitation Act (“OCILL”), 17 U.S.C. §§101, 512, NetGiver hereby serves the following DMCA/OCILL Notice to users of the NetGiver Platform that:

NetGiver has designated an agent to receive notices from copyright owners about alleged infringements by users of the NetGiver Platform and to send notices to the NetGiver Platform users who post or send allegedly infringing material;

NetGiver has registered the NetGiver Trademarks with the U.S. Copyright Office as an online service provider, including the name and address of the designated agent;

NetGiver has adopted a policy of terminating access to the NetGiver Platform to users who are repeat copyright infringers;

NetGiver accommodates and does not interfere with standard technical measures used by copyright owners to identify and protect copyrighted works, including but not limited to, digital watermarking;

Upon receiving proper notification of an alleged infringement by a NetGiver Platform user, NetGiver shall expeditiously take down or block access to the copyrighted material; and

NetGiver has designated the following person to serve as NetGiver’s agent to receive notifications of claimed copyright infringement in accordance with the DMCA and OCILL:

Name: Account Manager, NetGiver, LLC
Address: 323 North Washington Ave, Suite 200, Minneapolis, MN 55401 
Telephone number: (952) 222-7715 
E-mail address: admin@netgiverapp.com

16. NetGiver’s Limited Representations and Warranties to You

NetGiver makes the following represents and warrants to you:

16.1 NetGiver is a limited liability company, duly and validly formed and existing in the State of Minnesota and has all necessary power and authority to enter into and perform its obligations to you under these Terms of Use.

16.2 NetGiver has all rights and authorizations necessary to operate the NetGiver Platform, effect Donations by means of the NetGiver Platform as provided in this Agreement, and grant to you the limited license stated in Section 14.

16.3 NetGiver and its licensors own the Platform Content. The Platform Content, when used in accordance with the Limited License granted in Section 14, does not infringe on the intellectual property rights of third parties. 

16.4 The NetGiver Reports will be true and correct as of their dates.

16.5  NetGiver’s statements regarding copyright contained in Section 15 are true and correct.

17. Additional Legal Provisions

17.1 Disclaimer of Warranties.  Except as specifically stated in Section 16: 

The NetGiver Platform is provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Platform Content, or other information or materials displayed on the NetGiver Platform. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any Registered Charity, and any Donor. NetGiver hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties. NetGiver does not provide  legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

17.2 Limitation of Liability

EXCEPT FOR MATERIAL BREACHES OF NETGIVER’S REPRESENTATIONS AND WARRANTIES STATED IN SECTION 16.1, MATERIAL BREACHES OF NETGIVER’S OBLIGATIONS TO SECURE THIRD PARTY DATA AND INTELLECTUAL PROPERTY, OR MATERIAL FRAUD OR INTENTIONAL MISCONDUCT BY NETGIVER:

YOU AGREE THAT NEITHER NETGIVER NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE NETGIVER PLATFORM OR THE SERVICES PROVIDED BY NETGIVER AND YOUR USE OF, OR INABILITY TO USE, THE NETGIVER PLATFORM). NETGIVER’S LIABILITY IN ANY EVENT IS LIMITED TO $250,000.  ANY CLAIMS ARISING FROM USE OF THE NETGIVER PLATFORM MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.

17.3 Hold Harmless and Indemnity

You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by NetGiver, or the NetGiver Platform, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature; provided however, that this obligation does not extend to (i) claims arising out of breach of third party intellectual property (unless such claim arises out of your actions), (ii) NetGiver’s failure to secure data, or (iii) NetGiver’s fraud or intentional misconduct.

17.4 Links to Other Platforms and Content

We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. NetGiver will not place any of your information or advertisements on such linked websites or services. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third parties who may be found on or linked from the NetGiver Platform are between you and the advertiser. You assume full responsibility and acknowledge that we are not liable for any loss or claim you may have against an advertiser.

When a donation is made on the NetGiver Platform, a receipt is automatically generated and sent to the donor via email. That receipt will include the name of the donor, the name of the Registered Charity that received the donation, and the name of the credit union at which the donor has their account (“Sponsor Credit Union”). If the donor does not have an account at a credit union, a Sponsor Credit Union may be assigned to the donor.   

17.5 Changes and Amendments

We reserve the right to (i) modify these Terms of Use, or (ii)  modify or terminate the services you are receiving from NetGiver or the NetGiver Platform for any reason, and without prior notice, without liability to you or any third party. We will provide you with notice of any such action promptly after the action is taken.

When you first register a user account through the NetGiver Platform, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the NetGiver Platform following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Platform.

17.6 Notices

NetGiver may provide you with notices regarding the services provided by NetGiver and the NetGiver Platform, or these Terms by regular mail, pre-paid nationally recognized overnight commercial courier such as Federal Express or DHL, email, or postings to the NetGiver Platform.

17.7 International Use

The NetGiver Platform is controlled and operated from within the United States. NetGiver makes no representation that the NetGiver Platform is appropriate or available in locations outside the United States. Those who choose to access the NetGiver Platform from other locations are responsible for compliance with applicable laws. International users must comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence.

17.8 Term and Termination

These Terms apply to your use of the services provided by NetGiver and the NetGiver Platform at all times. NetGiver reserves the right to change the NetGiver Platform without prior notice to you, at any time. You may terminate under these Terms at any time by deleting your registration as a Registered Charity or by emailing hello@netgiverapp.com, or your registration may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, and miscellaneous provisions survive, but your right to use the NetGiver Platform immediately ceases.

NetGiver reserves the right, at its sole discretion, to immediately, without prior notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the NetGiver Platform and/or remove any registration information or Registered Charity Content from the NetGiver Platform, for any reason (including if you breach of any of the provisions of these Terms of Use). NetGiver will provide notice of any such action promptly after the action is taken.

18. Miscellaneous

These Terms, and the Privacy Policy, constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision that 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. 

No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations, and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation, or agreement.

You may not assign, sublicense, or otherwise transfer any right or obligation set forth herein without NetGiver’s prior written consent. Any purported assignment by you in violation of the preceding sentence is void and of no effect. NetGiver may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.

These Terms are binding upon the parties' respective successors and permitted assigns. 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.

The parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct or control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.

These Terms shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the NetGiver Platform shall be finally adjudicated in the applicable court located in the Fourth Judicial District of Minnesota.    The parties hereby consent to the exclusive jurisdiction of such courts and agree not to bring any action under this Agreement in any other court.

Contact

For questions about these Terms of Use please contact us at: nonprofits@netgiverapp.com

Nonprofit Organizations Terms of Use
4837-5995-9963, v.03