By registering and accepting this agreement, nonprofit organization organized and existing under the laws where registered, with its principal office listed on the Site’s organization’s profile, referred to herein as Charitable Organization (CO), and Joyful Gives LLC,of 10620 Treena St, Suite 230, San Diego, CA 92131, referred to herein as Owner.
A. Registration by the CO in JoyfulGives.com
The CO, upon completing the registration process in joyfulgives.com, referred to herein as Site, has provided their full consent for Owner to provide Site services as the CO’s donation marketplace and for the Owner to solicit donations through the Site in their behalf.
B. Fees and Schedules
Joining this Site is free. The Owner does not charge fees for using services, such as for supporters listing their items for sale for donation. There is no membership subscription assessed to use the Site at this time. CO pays for the fees assessed by the Site’s merchant vendor as well as the Site’s transaction fee (currently at $3.00 per transaction). Henceforth, CO will receive their net donation proceeds from the Owner every month.
C. Payment of net donations proceeds to CO
Net donation proceeds are paid by Owner monthly to the Organization, on or about the 5th of the month for completed transactions that have reached its 30 days holding period. Payments will be made for net donation proceeds exceeding ten dollars ($10) for the month due. Otherwise, payment will be sent once the net donation proceeds exceeds the minimum amount of ten dollars ($10) or after four consecutive quarters when the donation has been made. Remittance payments may be in the form of check payment or direct deposit to CO’s bank account.
D. Donors and donations
CO’s has access to donor information (name and location), posted, and completed donations by each donor in their Site’s admin panel. This feature provides the CO a verification process of total donations received and released by the Owner.
Donors or supporters also receive an email receipt notification when the item posted for sale for donation has been sold with the proceeds in processing for the CO payment.
E. Termination Notice
For CO to terminate this Agreement, CO must send an email notice to Owner at firstname.lastname@example.org. Owner shall remove any CO from its list or any solicitation regarding the recipient CO upon receipt of contract termination notice, and verification that the request is legitimate, no longer than three business days after verification is completed.
Donors or supporters with items for sale for donation assigned to a removed CO will be notified to assign an alternate recipient charitable organization in this regard.
The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
G. No Waiver
The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
H. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California.
I. Entire Agreement
This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
J. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.
K. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
L. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.
Both parties are bound to this agreement when the CO registered and clicked to accept this agreement.