CharityGiftCertificates.org

NPO Terms and Conditions to Charitable Organizations

The following is a binding agreement (the "Agreement") between you, the charitable organization, (hereinafter, "You") and Special Kids Fund, Inc. and/or CharityChoice-Charity Gift Certificates (hereinafter, collectively, "CCGC"). By accepting contributions made through SKF, You hereby agree to all of the terms and conditions set forth in this Agreement. If You do not accept these terms and conditions in their entirety, please notify CCGC and we will remove your organization from our list.

1. Representations
   • You represent and warrant to CCGC that at all times during the term of this Agreement (a) You are recognized by the Internal Revenue Service ("IRS") as exempt from federal income tax under Internal Revenue Code Section 501(c)(3); (b) You have public charity status under Section 509 of the Internal Revenue Code; (c) You will utilize all donations received from CCGC in accordance with such tax exempt status; and (d) your website does not and will not violate any restrictions imposed by applicable law on Internal Revenue Code Section 501(c)(3) entities. You further represent and warrant that you have complied with any and all obligations to register, and that you have fully complied with and will bear the costs associated with, any and all applicable state and local statutes governing the solicitation of charitable gifts, including, without limitation, fulfilling any registration requirements thereof. You further represent and warrant that you shall promptly notify CCGC of any change in your tax exempt status and any inquiry by the IRS or any state of local agency regarding the matters set forth above.
   • You hereby grant CCGC the express authority to collect donations on your behalf. Donations are made directly to SKF, to be allocated on a quarterly basis to the chosen charity. You further expressly consent to the use by CCGC of your organization's name, logo and description as well as any publicly available information relating to your organization in connection with our efforts to obtain charitable donations on your behalf. This may include, but are not necessarily limited to, the use of Your name, logo, description and information on the CCGC website; as well as in advertising or promotional material, and programs facilitating charitable giving. You further expressly permit CCGC to frame and hyperlink to your website.
   • You recognize and understand that the decision to select charitable organizations for possible donations by CCGC donors and recipients is at the sole discretion of the Board of Directors of CCGC and is subject to change at any time without notice, cause or appeal.
   • Should you wish to be removed from the CCGC charity list for any reason, please email CCGC at RemoveListing@charitygiftcertificates.org.
   • CCGC will pass on all donations, in the form of an allocation from SKF, to the designated charity with the deduction of $0.50/card and a 8% fundraising costs (comprised of 5% + 3% credit card processing - used towards management of the fundraising program, with the remainder to benefit special needs children) Note: For cards accessed via third parties, not directly on our website, additional fundraising costs may be incurred. Donation of merchant gift cards are subject to a 10% fundraising cost or 5% if submitted via a charity's branded page. Allocations are sent in one bulk check to the charities following each fiscal quarter, usually within 4-6 weeks. Per IRS indication it is not technically the obligation of CCGC to honor the designee's request, as all control over the funds is relinquished concurrent with the original donation. Only checks above $10, for a quarter, will be issued. CCGC does not take responsibility for uncashed checks, nor checks sent to the wrong address. It is the responsibility of the charity to login to their account, to make any changes in the mailing address as well as any other changes to their account. Address changes must be made prior to the expiration of the old address. Funds from uncashed and returned checks will revert to the CCGC general fund after 6 months. Only checks above $10, for a quarter, will be issued.
   • You hereby agree to indemnify and hold harmless CCGC from and against any loss or liability of any kind, including, but not limited to, fees and costs incurred in defense thereof, which may arise or result from the following, without limitation: the material breach or inaccuracy of any covenant, duty, representation or warranty set forth above. Your obligation to indemnify CCGC shall survive the termination of this Agreement.
2. Liability
   Under no circumstances shall CCGC be liable to any other party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including, without limitation, lost profits, business interruption, and lost data arising in connection with any action arising under this agreement even if a party has been advised of the possibility of collecting such damages. If you are dissatisfied with any SKF material, or with any of SKF's terms and conditions, your sole and exclusive remedy is to request in writing that your charity be removed from charities available to CCGC donors and recipients. Such requests can be emailed to the following address RemoveListing@charitygiftcertificates.org.
3. Disclaimer of Warranties
   To the fullest extent permissible pursuant to applicable law, CCGC makes no and expressly disclaims all warranties, express or implied, including, but not limited to, the CCGC giving system and any other service, content, tools or related documents or materials (in electronic form or otherwise) provided hereunder, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose or non-infringement and implied warranties arising from a course of dealing or course of performance.
4. Indemnification
   You agree to defend, indemnify and hold harmless SKF, its parents, subsidiaries and affiliates and its respective officers, directors, agents, distributors, franchisees and employees against any loss, damage, expense, or cost, including reasonable attorney fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigations, arbitration or other proceeding by a third party based on: (1) your material breach or inaccuracy of any covenant, duty, representation, or warranty of this Agreement; (2) materials contained on your website (including any allegation that such materials infringe a third party's intellectual property or other proprietary rights). and (3) any other aspect of your activities or your website and/or the content thereon.
5. Privacy
   CCGC takes the privacy of our donors and gift recipients seriously. All personal information relating to donors or gift recipients shall remain confidential and all gifts are made anonymously except when the donor or gift recipient expressly consents to such disclosure or if it is required prior to entering a custom redemption landing page.
6. Binding Nature
   Although You and CCGC intend for the foregoing Agreement to be binding, You agree to sign the Agreement hereof if requested by SKF. By applying and/or accepting contributions made through SKF, You are agreeing to all of the terms and conditions contained herein. If you do not accept these terms and conditions, please email CCGC at RemoveListing@charitygiftcertificates.org and CCGC will remove your organization from SKF's network.