Give more (before AuctionPay) Contract Analysis
Below is a copy of everything to give more (before AuctionPay) contract in effect for the year 2008. There are large areas of concern for many nonprofit organizations. My article refers to the copy of the Great Giving found under my article.
A copy of contract customers increased Dar was recently sent to me by a nonprofit organization. Raising the main focus is, for those of you who do not know, is the point business of providing payment processing (credit card terminals) to nonprofit organizations and charities. Give higher also bought a software company auction a few years ago, formerly known as archetype (Archetype originally available to its customers at a cost of $ 800 and technical support of the company was free. It seems that Mayor Dar rates have risen and now charge a separate fee for their support, unlike Archetype.) And now sell this software auction to raise money for giving customers more so.
Long story short, I was asked to review and sign the contract we Gran Dar process for several of my clients charity auction, as I recently learned of these customers receive what they called "messages of threats and letters" of the Great Giving (formerly AuctionPay) if the non-profit clients decided to move their business elsewhere. Raising the apparently had sent notices of breach of contract to these particular customers, when customers give greater violated the terms of the agreement Mayor Dar (s) and contract (s).
Raising the sign depends on process occurs Online. In Raising the defense, is a web page that offers customers the choice between one or five years, an option-year contract. This decision conducted by the charity auction client is checking a box indicating that the time limit agreed or shall be one year or five years. In defense of the charity or nonprofit, this form of website and registration form is separate from the web page that contains a higher contract Dar. What makes this process more than a little hazy and confusing for it is obvious that regardless of which page the contract itself. By default Big Give have selected five years the box and the customer must select a year to change the default to give more.
For the record, I am by no means the promotion (promotion) and I'm not denigrating (defamation or slander), a charity non-profit or the option to use or not greater use of Dar. All I do is forward the facts as stated in the contract and give more choice just my opinion (freedom of expression). How does the reader decide to use this approach or information contained in this report is strictly your choice alone. If this information is useful or helpful to a nonprofit organization or charity in negotiating a contract with Great Giving, then this will independent action and choice that has entered Great strictly between giving and private charity. I am not a lawyer. However I would recommend, and I have no doubt that Gran Dar echo this statement, you should consult with his lawyer seeking legal clarification on this contract before signing same.
CONTRACT ANALYSIS:
This contract contains the legal terms of the normal boiler plate, like most contracts. Everything that is read very well, but there are definitely some aspects of this contract that improperly give greater reward, even if they offer any service to their nonprofit clients. According to my nonprofit clients, since the destinations referred to begin, and why they have received legal notices to be given greater. Please read on.
Section A2.2 clear that a nonprofit organization Raising the customer would be responsible for payment (as much as $ 5,670 in a one-year contract to an amount less than $ 1,980 in a five-year contract) is specified in the contract to more Schedule B.1 even if they use the services Dar is greater!
Section A2.8 clearly states that a nonprofit client greater Dar receive their appropriate event before May after the conclusion of the event fundraising. This money sits in an escrow account interest Dar Dar for more during this period before it is safe account in the nonprofit organization. Today, I'm still not clear why this practice give greater business remains in effect! The rumor I've heard from other auction companies of software is that Visa is investigating and the investigation of this particular greater business practice Dar.
Section A2.9 clearly states that a nonprofit organization Dar biggest customer is liable for payment of the Great Giving set-up fees (to the extent $ 5,670 as a one-year contract to an amount less than $ 1,980 in a five-year contract), even if they ceased their contract within 30 days Customer of the previous event.
Sections A3.4 and A3.5 part (s) a. And b. have always presented a concern to my clients. This goes back to the concerns raised in the customer section A2.8 - This money sits in an escrow account to earn interest Great Dar during the period before discharge in the non-profit account.
Section A3.7 clear that a non-profit Dar largest customer is liable for payments (As much as $ 695 in a one-year contract to an amount less than $ 295 in a five-year contract) to give even greater if you cancel more online Dar contract payments within the specified 30 days. The language in this clause is also quite nebulous.
Section (s) B.1, B.1.2, and B.1.3 is self-explanatory!
Section B.1.4 clearly states that a nonprofit organization Raising the customer will be responsible for payments (as much as $ 695 in a one-year contract to an amount less than $ 295 in a five-year contract) to give more even if the client does not raise enough money to cover this expense. This is a valid point of concern. Do you have more Dar have an ethical obligation to assess the abilities and the media without profit before your event? Perhaps more Dar should consider amending this clause?
Section B.1.5 is self-explanatory same! As a professional fundraiser for seventeen years years (long before the advent of the Great Giving) I would not give someone direct access to my accounts bank, offering the possibility to withdraw money whenever they want.
Section (s) B.2, B.2.1, and B.2.2 are self-explanatory!
Section (s) B.3, B.3.1, B.3.2, and B.3.3 are self-explanatory!
Section (s) and B.4 B.4.1 explanatory himself!
The Great Dar hypothetical models of service that I created below show one year and five option contract and assumes revenues of $ 299,000 gross earned dollars in an auction event to raise funds. All Visa and American Express charges are supposed to be consistent. Obviously, with a mixture of both Visa and American Express charges involved, the large total amounts that the downward trend.
One year contract:
$ 5,670 in set up fees
1.3% of $ 299,000 = $ 3,887
6 terminals ($ 75 each) = $ 450
Section B.2 Subtotal = $ 10,007
Visa, MC, Discover (1.75%) Subtotal = $ 5232.50 in Section B.3 applies to the terms of the contract.
If Amex is used (2.25%) = $ 6727.50 Subtotal of Section B.3 applies both terms.
Possible totals = $ 15239.50 (in case of Visa and others).
Possible totals = $ 16734.50 (If Amex)
Five-Year Contract
$ 1,980 in set up fees
1.3% of $ 299,000 = $ 3,887
6 terminals ($ 75 each) = $ 450
Section B.2 Subtotal = $ 6,317
Visa, MC, Discover (1.75%) = $ 5232.50 Subtotal of Section B.3 applies to contract terms.
If using Amex (2.25%) = $ 6727.50 Subtotal of Section B.3 applies to the terms of the contract.
Possible General Total = $ 11549.50 (in case of Visa and others).
Possible totals = $ 13044.50 (if Amex)
Section (S) B.5 is self-explanatory! Of course, these amounts are added to the totals shown in the hypothetical model of service above and increase Great Giving upward from there.
Section B.5.1 A is a major concern for nonprofit Giving customers and partners more alike!
From a standpoint of fundraising auctioneer, I have serious concerns about $ 75 per hour to give a more professional Services not covered by the clause of technical assistance. Giving more can not be all things to all customers at no profit. Recently, Great Dar es try to provide the auction fundraising consulting your (our) non-profit clients. Give higher is not a fundraiser, charity or benefit auctions, or are a planner company events or special events. Yes, Great Giving has built its success based on extensive input and information received from individuals in all these fields above. To this day, I remember my original conversation with Gary Brashear (former VP AuctionPay) and Angela Jackson (ex AuctionPay Marketing Mgr.) In 2003 very well in my providing both of them with marketing information, such as using websites like AuctionZip, etc.
Now Gran Dar es compete directly with all of us! They are avoiding us, beyond our most senior consulting services fundraising we have to offer to our customers, so they can try to sell these services to their (our) non-profit clients. The sad reality is that Big Give is using the same information that we have previously, with Grace, shared with Great Giving and successfully provided our clients, before the existence of the Great Giving, to derive even more revenue for your business! Can give higher refer to some of you as a couple (of auction, event organizers, administrators of special events, etc) until it ceases to be a necessary component of a larger machine. This will happen if they continue down this road! Give more seriously reconsider its position when it comes to providing fundraising consultancy funds, and auctioneers (partners) should be asking these relevant questions Gran Dar.
There are certain states (Massachusetts and Virginia) where it is illegal for professional fundraisers to collect a fee or percentage of expenses for services rendered. Raising the really dangerous territory into its structure current payment in place if now provides consulting services fundraising, in violation of these state laws. Raising the (original discussions with AuctionPay former employee Gary Brashear and Jackson, Angela), followed my example (I was a member of auctions for the first time in the U.S. to join AFP) to join the AFP. It is interesting Give the structure greater rate (percentage based) violates the AFP Code of Ethics, and this is especially true if the fundraising consultancy is now Great by giving.
Do not forget that there are also states in this nation that require professional fundraisers to register and license as "Collection Councils Funds "if they are collecting fees in the fund-raising advice to customers without profit. I do not think that greater Dar remains in a state such necessary licenses.
Section C.1 clearly states that a non-profit client is responsible for providing any notice to give written Gran and delivery of such notification by these methods ("registered or certified mail, return receipt requested, or overnight delivery to verification following receipt by the addressee at the addresses indicated on the signature page of this document. ") Only! However, Great Giving can deliver all the news customers profit by the methods mentioned above or simply by email!
Section C.2 are self-explanatory and creates a potential problem if overlooked by the nonprofit organization. Perhaps the automatic renewal is not always a good idea?
Section C.8 is self-explanatory and also creates a potential problem if overlooked by the nonprofit organization. Give more seems to receive payment of the organization non-profit, no matter what the circumstances indicate!
C.13 Section is self-explanatory and also creates a potential problem if overlooked by the nonprofit organization. Great Giving, there again, seems to receive payment of the non-profit no matter the circumstances indicate!
Section C.17 is self-explanatory! Subsection (Vi) is a bit hypocritical when you or nonprofit customers consider Section B.5.1 A, and my comment on direct competition with Great Dar auctioneers, event organizers and managers of special events that provide customers with consulting fundraising.
BELOW IS A COPY OF THE CONTRACT TO GIVE MORE AUCTUAL.
Auctionpay Services Agreement
Auctionpay has developed and owns a range of specialties and services to help nonprofit organizations in the management of charitable events, obtaining funds, and payment processing and online events. These products and service modules are collectively known as the "Services" in this Agreement.
The Agreement defines the following relationship between your organization and Auctionpay Inc., a Delaware corporation, and consists of three schedules:
Annex A: "Responsibilities" defines the responsibilities of each party to the Agreement applicable to each of the selected services Auctionpay owner.
List B: "Prices" specifies fees associated with each property Auctionpay services you select.
List C: "Conditions" are defined terms and conditions which apply to this Agreement.
You must read, agree and accept all terms and conditions contained in this Agreement. This version of the Agreement has been established on August 1, 2008.
For the purposes of this Agreement, the date your request for software and services is the effective date of this Agreement ("Effective Date") and the term of this Agreement is either a period of 1 year or 5 years as indicated in your order ("Term").
Annex A: Responsibilities
This Schedule sets out the responsibilities of each party under this Agreement for each of the selected services. Only Sections of the Services that you order apply. In the case of the full suite of events, event sections Auctionpay Software, Software event Auctionpay Online Edition, Auctionpay payments and services event Auctionpay online payments apply.
A1. Auctionpay Event Software
A1.1 Auctionpay is providing A copy of the Software Auctionpay event and is licensed to use the current version of software. You agree to use the software solely in, and in accordance with the terms of the End User License Agreement included with the software, and the terms and conditions of the End User License Agreement are incorporated herein. You will receive only a limited, nontransferable, nonexclusive right to use the current version of the software.
A1.2. The first year of support and updates product is included in the price of software. However you are required to renew their annual software update and support each year to receive upgrades software and software support after the first year. The cost for ongoing support and updates is provided in Annex B hereto.
A1.3. If you requests a service beyond standard technical support, for example, migration of databases from other systems, data entry or data cleaning then you will be charged at the rate then prevailing for services of this Auctionpay as shown in Schedule B or to communicate with you to apply for services.
A1.4. If you are buying the online edition add-on for Software Auctionpay event Auctionpay gives you access to your software Auctionpay Event organized and maintained Auctionpay's servers during the Period of this Agreement.
A2. Payments Auctionpay events
A2.1. Intends to execute events fundraising (the "Event" or "Events"), and these events accept credit card or debit card payments (Charges of "Event") of its users.
A2.2. You agree to use Auctionpay Event Payments at least one event during each period of twelve months during the Term of this Agreement which accepts credit cards as payment. However, if you decide not to conduct an event in any twelve month period during the Term of Agreement shall not constitute a violation of the Agreement. If you do not hold an event in a period of twelve months during the Term of the Agreement, tariffs are still due as defined in Annex B.
A2.3. Before using Auctionpay Event payments, we provide information for a current account (the "Settlement Account") to which we will deposit all funds, because, subject to the rates and terms specified in this Agreement.
A2.4. We will provide payments Auctionpay of events, including the number of card payment terminals or shock you request (the "Equipment") by three (3) calendar days before the start the event. We will ensure that all equipment is working, and provide the standard instructions for the proper functioning of the Team.
A2.5. Once receiving the equipment, you are responsible for any loss or damage to the equipment until the equipment is returned to Auctionpay. You are not responsible for damages resulting from transport provided you follow the instructions and use the packaging, provided Auctionpay. Except as provided in the Agreement, you will not have any rights with respect the team, and you agree that all rights, title and interest in the team is left with Auctionpay.
A2.6. Within four (4) working days the event, you will submit all Charges event, follow the instructions provided by Auctionpay settlement, and repayment starts Auctionpay Team. Failure to return the equipment within this time will result in late fees of $ 75.00 per unit per week.
A2.7. You are responsible for maintaining receipts signed credit card of the Event, and the final credit and payment settlement reports generated by Auctionpay event, not less than three (3) years from the date of the event in order to resolve disputes that may arise cardholder.
A2.8. On the fifth business day after submitting Charges events, Auctionpay transfer funds for all approved charges Auctionpay events (the "approved costs Event"), less fees Auctionpay as provided in this Agreement, the settlement account that you designate.
A2.9. If for any reason you are not satisfied with Auctionpay Event Payments, has 30 days after the date of its first event to deliver a written notice to Auctionpay of your desire to cancel the remaining term of service Payment Agreement Auctionpay event, without further liability to Auctionpay (Except for the return of the equipment and pay the installation fee and any outstanding payments from the date of termination). If you cancel event Auctionpay payments and acquired as part of the full suite of events, the other service continues for the remaining term.
A3. Auctionpay Online Payments
A3.1. When purchasing Auctionpay online payments service you intend to accept credit payments or debit Internet ("Online Charges") of its users to record events, donations, online auctions, or other purchases or payments. We will process all approved charges Auctionpay received through online payment. You are solely responsible for collecting payment of the remaining charges are rejected or can not be processed.
A3.2. Auctionpay payments online allows you to create secure, personalized Web pages (the "Site") for use in processing fees online. The initial configuration of the line Auctionpay payments include up to 10 pages can be created and reused for multiple purposes. The use of additional pages beyond this limit will be billed at the rates then in effect published for Auctionpay payments online. If you request Auctionpay Pages set for you, you will be billed at the rates then in effect for the additional services which are currently $ 100 to create a standard page for you. Auctionpay Online Payments Internet includes annual transfers of up to 50 Gigabytes. If more bandwidth consumed by visitors to their pages will be charged the then-current rates for other bandwidth. This section does not apply if you purchased only the Virtual Terminal only.
A3.3. You will use Auctionpay online payments exclusively during the term of this Agreement driving charges online.
A3.4. Before using Auctionpay online payments, you tell us provide information for a current account (the "Settlement Account") which we will deposit all funds, because, after deduction Auctionpay fees and subject to the terms specified in this Agreement.
A3.5. We will transfer the funds approved for all charges online Auctionpay minus expenses as provided in this Agreement, the settlement account that you designate. The funds will be transferred in accordance with the following schedule:
a. Approved charges in line between and including one calendar day and 15th of each month will be paid by the fifth working day following the day 15th of the month, minus expenses Auctionpay.
b. Approved online charges and including between 16 and last calendar day of each month will be paid by the fifth business day following month, minus expenses Auctionpay.
c. Charges Approved Online Online auctions are conducted using Auctionpay or cMarket online auction software will be paid no later than five working days following the presentation, less than Auctionpay fees.
A3.6. You will use Auctionpay online payments in accordance with the conditions, rules and regulations established or specified by Auctionpay from time to time and are provided in the manuals materials, documents, or instructions provided to you by Auctionpay, even according to the terms of use posted at the online payment website you Auctionpay login. We reserve the right to make changes in the way of operation for Auctionpay payments online. We will provide notice of changes by e-rate mail or online ads.
A3.7. If for any reason you are not satisfied with Auctionpay online payments, you have 30 days from the effective date to cancel the remaining term of this Agreement Auctionpay online payments for the delivery of written notice to Auctionpay of your desire to cancel within remainder of the Agreement without further liability to Auctionpay (except for payment of the fee pending installation fees to be paid from the date of termination). If you cancel Auctionpay online payments and it was purchased as part of the full suite of events, then the other services will continue during the remaining time the Agreement.
List B: Pricing - Effective August 1, 2008
B1. Setup, license, Support, Hosting, and the renewal fee:
Products Services Initial Setup, Hosting and Support annual fee, Hosting, and update rates After 1st year
Full Suite $ 2,595 Event - 1-Year Term = $ 1295 and within 5 years = $ 795
Event Payments $ 395 - Term 1 year = $ 395 and within 5 years = $ 0
Event Software $ 1,195 - Deadline for 1 year = $ 295 and within 5 years = $ 295
Online edition of supplements $ 595 - Deadline for 1 year = $ 595 and within 5 years = $ 595
Online Payments $ 695 - Deadline for 1 year = $ 695 and within 5 years = $ 295
Virtual Terminal only $ 195 - Deadline for 1 year = $ 195 and within 5 years = $ 0
B1.1 Initial Setup and full license fee for the event or incident Suite Payments are deducted from the charges of events for its first event under this Agreement. However, if you do not hold an event or process sufficient funds to Auctionpay to collect fees due and payable within six months following the effective date of this Agreement will be billed the total amount, which shall become immediately due and payable.
B1.2 The Annual Support, Hosting and update rate becomes due and payable within 30 days of each anniversary date of the Effective Date of this Agreement.
The initial setup fee and B1.3 Annual Support / Hosting Fee for the event and its accompanying software, will be billed and are immediately due and payable.
B1.4 Initial Setup and accommodation rate for online payments are deducted from their posts online. However, if payments are not processed enough to fill this position within 90 days following the effective date of this Agreement will be billed the total amount, which shall become immediately due and payable.
B1.5 If fees must be paid, Auctionpay can deduct the fees for the clearance of the Client's account.
B2. Service Fee payments Auctionpay Event:
B2.1 The service fee for the service Auctionpay Event Payments are based on the total of approved charges for events processed through payment services each event Auctionpay event. Service Fees for the event payments are deducted Auctionpay Services Fee income of your event.
Total approved charges for each number of event Event Service Fee including Terminal
Terminals unless payment of $ 25,000 - $ 495 Up to 3
$ 25,000 - $ 99,999 1.99% up to 4
$ 100,000 - $ 199,999 1.60% up to 6
$ 200,000 - $ 299,999 1.30% up to 6
Like $ 300,000 - $ 399,999 1.10% need
$ 400,000 and over 0.90% you need
B2.2 additional handsets are $ 75 per event. Round trip transportation is included ground. For events outside the U.S. Continental, additional shipping charges apply.
B2.3 For events where he hopes to raise more than $ 300,000, our customer service team will work with you to determine the number based terminals necessary details of your event, not to exceed 10 terminals per event.
B3. Processing Credit Card Pass-Through Rate Event by Auctionpay Payments:
B3.1 All approved charges per event will be subject to the following pass-through rates to cover the cost of processing transactions plus service charges included above. Pass-through charges are deducted from revenues of charges of your event.
Type of credit card payments for events
Visa, MasterCard or Discover 1.75%
American Express 2.25%
B3.2 rates Visa, MasterCard and Discover payments Event Fees apply to transactions card. An additional processing fee of 0.75% will apply to all Visa, MasterCard charges of key events and locations manually.
B3.3 Credit Card Processing - Step through quotas can be adjusted from time to time to reflect increases in Visa, MasterCard or American Express processing fee. Auctionpay 30 days in advance of any increase in rates by email or post on your website.
B4. Credit Card Processing Fee Payments Auctionpay Online:
B4.1 All approved charges online Auctionpay processed through the online payment services are subject to processing fees following. Processing costs Auctionpay Online payment services are deducted from revenues from their posts online.
Type of Processing Fee Credit Card
Visa, MasterCard, Discover or American Express 3.45% plus $ 0.35 per transaction
B4.2 rates credit cards processing can be adjusted from time to time to reflect increases in Visa, MasterCard, Discover and / or American Express processing fee. Auctionpay 30 days in advance any increase in fees for e-mail or post on your website.
B5. Fee for Service Auctionpay Other Services:
B5.1 is a service fee apply to other services provided by Auctionpay. Service charges are deducted from the income of your event or online or charges will be billed and are immediately due and payable.
Service Fee Service Provided
Publication 5 additional pages Auctionpay online payments of $ 150 per year
Annual Internet transfers (bandwidth) over 50 GB $ 100 per year for each additional 50 GB of transfers during the year. Professional Services not covered by the technical assistance of $ 75 per hour
B5.2 These rates can be adjusted from time to time. Auctionpay with 30 days notice of any increase in fees for e-mail or post on your website.
Annex C: Terms and Conditions
C1. Notices. Except in the cases of other Communication media are expressly permitted herein, all notifications sent to Auctionpay under this Agreement shall be in writing and shall be delivered by registered or certified mail, return receipt requested, or overnight delivery with verification of receipt by the addressee at the addresses listed on page of the signature. Except where other means of communication are expressly permitted herein, all notices Auctionpay can send to you under this agreement shall be in writing and delivered by electronic mail or other electronic means, by registered or certified mail, return receipt, or next day delivery with verification of receipt by the addressee, in the direction you jump on your order. All notices shall be deemed given upon receipt.
C2. Renewal. The term of this Agreement will automatically renew for a further term of equal duration unless one party informs the other not less than 30 days before the end of the preceding period of its decision not to renew the Agreement
C3. Terms and prices. Following any term, amended Auctionpay their rates, prices and payment terms within sixty (60) days prior written notice in which case it shall be entitled to terminate this Agreement by written notice Auctionpay addressed within thirty (30) days of receiving notice of such changes Auctionpay. Auctionpay may terminate this Agreement at any time without notice if you file a voluntary petition for bankruptcy, any written document or seeking any reorganization, liquidation or dissolution under the law is filed against you and you or not to contest the material allegations of any pleading or other document filed against him, an order for relief is filed against them under U.S. Bankruptcy Code or similar foreign laws or appointing a receiver for a substantial portion of its assets and does not rule within sixty (60) days, makes an assignment the benefit of creditors or similar disposition of assets, or stop the normal and customary business practices (without a permanent successor to such practices business).
C4. Confidentiality. You agree to keep confidential all confidential information is provided to you by Auctionpay and commit not to use or disclose such Confidential Information, except for its own authorized employees, officers, or agents, or persons specifically authorized by Auctionpay. "Information Confidential "includes, but is not limited to programming, reports, or other documentation which may embody proprietary information of Auctionpay, or any other secret information confidential, proprietary or trade disclosed by Auctionpay to involve businesses, Auctionpay financial, technical and other information not is (a) disclosed in public materials or otherwise in the public domain through no fault of theirs, (b) rightfully obtained by you from a third party without any obligation confidentiality, (c) lawfully obtained prior to disclosure by Auctionpay, (d) independently developed by you or (e) required or reasonably advised to be disclosed by law.
C5. Default. In the case of either party (the "Group of defaults") will comply with its obligations under this Agreement and such failure shall continue for ten days after written notice thereof (a "default") of the portion not in breach of this Agreement (The "non-defaulting Party"), the non-defaulting party may declare the defaulting party in breach of this Agreement and to carry out all available resources in law or equity
C6. Damages. The parties agree that actual damages are from the Effective Date, and a breach of this Agreement by you would be hard for the calculation of this document and the parties agree that the compensation provided in this section are reasonable in all cases. If suit or action is instituted for apply or interpret the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, plus damages and costs including fees and attorneys incurred before the filing of suit or arbitration demand, the amount a court or arbitrator shall determine to be reasonable in the arbitration, trial and appeal.
C7. Applicable law and jurisdiction; Place. This Agreement shall be governed and construed and enforced in accordance with the internal laws of the State of Oregon without regard to its conflict of laws. If action is brought arising out of or relating to this Agreement, the parties (i) expressly and irrevocably to the jurisdiction personal and exclusive venue of the federal courts established in Multnomah County, Ore., unless no federal subject matter jurisdiction exists, in which case the consent of the parties to the exclusive jurisdiction and venue in the Multnomah County Circuit Court, and (ii) expressly waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the federal courts and state established in Multnomah County, Oregon.
C8. Early Termination Fee. If you terminate this Agreement before the end of his term than in case of breach of Auctionpay, Auctionpay entitled to receive, as liquidated damages, the following: (a) for payments Auctionpay event, an amount equal to the minimum service fee (as specified in Annex B) for an event under this Agreement, multiplied by the number of years remaining in the term of the Agreement, (b) to Auctionpay Online Payments, an amount equal to the annual support and hosting fees (as specified in Annex B), multiplied by the number of years remaining in the term of the Agreement.
C9. Limitation of liability and warranties. (A) shall not be AUCTIONPAY LIABILITY THIS DOCUMENT (A) any special, indirect, incidental, consequential or punitive damages or (B) MONETARY DAMAGES OF ANY KIND IN EXCESS amounts paid to AUCTIONPAY UNDER WITH THIS AGREEMENT, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN AUCTIONPAY has advised or is aware of the possibility OF SUCH DAMAGES. Notwithstanding any other provision in this Agreement to the contrary, REMEDIES IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL its essential purpose. SOME STATES DO NOT DO NOT allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply TO YOU. (B) except as required by applicable law or AS stated herein, AUCTIONPAY makes no representations, warranties or guarantees of any kind, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, any warranties of merchantability, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS AGREEMENT. SOME STATES DO NOT PERMIT limitation of implied warranties, so this limitation may not apply to you.
C10. Independent contractor compensation. You and agree Auctionpay that in the provision of Services under this Agreement Auctionpay, Auctionpay is an independent contractor of yours and should not be considered a partner or employee of you. Each party (the "Indemnifying Party") agrees to indemnify and hold harmless the other party (the "Indemnified") from and against all losses, liabilities and expenses (including attorneys' fees and collection costs) resulting from any breach of any warranty, covenant or other term or any misrepresentation by the Indemnifying Party under this Agreement, or arising from gross negligence of workers the Indemnifying Party or fraudulent in relation to Auctionpay services under this Agreement.
C11. Resolution of Disputes and Chargebacks pattern. If a client of his ("his employer") questions the validity of an accusation initiated by you, is Auctionpay notify you and request supporting documentation from you to validate the charge, which may include the receipt Credit card signed by the Auctionpay Event Payment Services, the transaction number Auctionpay Online Payments transaction services, an invoice or other statement showing the items purchased and the total amount owed by the Employer, or any combination of the above. If you do not respond to the request supporting documentation or not present the required documentation to Auctionpay within seven working days, or if the disputed amount is converted into a return charge (as defined below), Auctionpay deduct the amount of fees and charges associated with its settlement account.
C12. Refunds, returns of charge, and descents. You will be responsible for all charges, fees, costs, expenses and damages, including interest, attorney fees and loss Fees for events or online charges arising out of or related to, and shall indemnify Auctionpay as a result of any refund, chargeback or Reject. For purposes of This Agreement shall apply: "Restoration": The Employer requests that some or all of their Master Acquisition Funds be returned in exchange for return of property or services purchased from you, "charge": The Master, through its card-issuing bank, or disputes the validity of a charge initiated by you, "Reject": Your card issuing bank-employee otherwise decrease the process of acquisition of property pattern and services to you (for example, your employer exceeded the credit limits on card). In case of refund or chargeback, and deduct the amount Auctionpay fees associated with its settlement account.
C13. Find A Cure clause. Notwithstanding anything to the contrary herein, if (a) the collection fund supports medical research, and (b) the organization that benefits from its fund-raising is successful in finding a cure for a condition or illness during the Term of the Agreement and, therefore, (c) those who choose not to perform fundraising activities and behavior, and (d) written notice of such event to Auctionpay, you will have the option to terminate the remaining term of this Agreement without further liability to Auctionpay (except for payment of the amounts Auctionpay payable to the date that notice of termination to Auctionpay).
C14. Compliance Responsibility. You are solely responsible for compliance of any goods or services acquired through transactions processed through Auctionpay products and services, and you will be solely responsible for establishing the portion, if any, of gifts or payments that can be treated by the supplier of products and services used or proposed for use as articles the auction as a charitable contribution for purposes of U.S. law income tax.
C15. Privacy and Security. Privacy and security are of paramount importance to Auctionpay. Auctionpay not use your information or product / service information of donors in any way except as permitted in this Agreement, as necessary to carry out its obligations hereunder is, and unless required by law or court order, and shall take reasonable steps to protect information including the elimination of credit card information from the terminals credit card processing and encryption of credit card information for Internet transactions. Notwithstanding the foregoing, Auctionpay reserves the right to use the data obtained from the implementation of obligations in an aggregate research, quality assurance and statistical purposes. All individually identifiable information that you or your users will be removed from the analysis and shall be reasonably Auctionpay review prior to disclosure to third parties or publication in order to preserve the anonymity prior to publication.
C16. Web services are available. Like all web services, web sites Auctionpay delivery of products and services may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions or other disruptions. Although Auctionpay make all reasonable efforts to minimize downtime such Auctionpay does not guarantee 100% availability of their products and services. In addition, Auctionpay not represent and guarantee the availability of any other website used to verify transactions.
C17. Representations and Warranties of the Ti. You represent and warrant to Auctionpay as follows:
(A) You are authorized to enter into this Agreement, which shall be binding in its organization according to its terms, and the execution and performance of this Agreement by you will not infringe the rights of others or violate any other agreement under which they are bound;
(B) Your information and activities (including transmission and receipt of payments) through Auctionpay products and services may not:
(I) is false, inaccurate or misleading;
(Ii) be fraudulent or involve the sale of counterfeit or stolen;
(Iii) consist of the granting of cash advances from credit cards to customers or others Auctionpay through software and / or services
(Iv) relate in any way to gambling and / or gaming activities, including but not limited to payment or acceptance of payments for wagers, gambling debts or gambling winnings, regardless of location or type of gambling activity (including the Internet and online casinos sports betting and office pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and recipient of the payment;
(V) infringe the rights of any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(Vi) violate any law, statute, ordinance, contract or regulation (including but not limited to, those governing financial services, protection of consumers, unfair competition, anti-discrimination or false advertising);
(Vii) is defamatory, illegal trade libelous, threatening or harassing illegal;
(Viii) be obscene or contain child pornography;
(Ix) knowingly contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
(X) will create liability or cause of Auctionpay Auctionpay lose (in whole or in part) the services of Internet service providers Auctionpay or other suppliers;
(Xi) is the preparation and / or distribution of "spam," "spam," "chain letters," "" Pyramid schemes "or similar;
(Xii) may encourage conduct that would constitute a criminal offense, give rise to civil liability or any other violation the local, state, national or international laws or regulations;
(Xiii) involves unauthorized access to any machine accessible via Services or
(Xiv) will go to another organization other than your organization that is party to this Agreement. If you use or attempt to use the Services for purposes Auctionpay are not authorized, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services, this Agreement will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
C18. Miscellaneous. This Agreement, including the attached tables constitute the entire agreement between the parties with respect to the Services to be provided to you Auctionpay. This Agreement supersedes all previous communication, representations or agreements, whether written or oral, between the parties. This Agreement may not be amended except in writing signed by both parties. performance then may be waived only in writing by each party and the waiver of a provision by any party shall not constitute a waiver by that party of any other provision of present, or of strict compliance in future performance resigned. rights and obligations of the parties, which by their nature continue beyond termination of this Agreement, including but not limited to, obligations with respect to compensation and confidential information, after the word. If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will remain valid and enforceable. You may not assign or transfer this Agreement to any third party without the prior written consent Auctionpay, except in connection with the merger or sale of all or substantially all assets or shares organization, provided that the transferee agrees in writing to be bound by this Agreement. This Agreement shall inure to the benefit of and be binding upon the respective successors and assigns, if any, of the parties. All terms of the termination of the agreement.
About the Author
Tom DiNardo is the founder of DiNardo & Lord Auctioneers. He is a nationally recognized keynote speaker, licensed auctioneer, certified master appraiser, expert witness, and sommelier and wine educator. DiNardo & Lord Auctioneers is ranked as one of the nation's "Top four benefit auction firms," and has raised over $50 million dollars for charity.www.DiNardoandLordAuctioneers.com
Need computer help? HELP civilization?
Two questions ... I have the game called Civilization III. I have saved files and I want to delete some (not overwrite), how I can do? If I can not ask a question, I would uninstall the program, but then install again to see if that works? How I can do?
C: Program Files Infogrames Interactive Civilization III Saves folder when you save it games run after you uninstall and reinstall the game
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