Terms and Conditions

DEFINITIONS

For the purposes of this Agreement, the following capitalized terms are defined as follows:

“Business Days” means all official working days of the week excluding public holidays, declared holidays due to any state emergency and weekends. State emergency means when Governor declares a state of emergency when he or she believes a disaster has occurred or may be imminent that is severe enough to require State aid to supplement local resources in preventing or alleviating damages, loss, hardship or suffering. It also includes event of any other disruption where it is impossible to carry out trade and commerce.

“Payment Plan” means the time interval in which the payments will be made.

“Prevalent Price” means the Subscription Fee at the time of renewing the Subscription.

“Subscription” means your access to use of the service in a cloud or wireless environment.

“Subscription Plan” means the level of Subscription based on the number of Contact Records in the organizations database.

“Subscription Term” means the period during which Fundly LLC enables you to access your Subscription and includes your initial Subscription and each renewal of your Subscription.

“Subscription Fee” means the fee is posted on the Service web site. Fees are exclusive of, and you must pay, any taxes, duties or impost that may be imposed by a governmental body.

“Total Payable Amount” means the total payable commitment during the Subscription Term.

“Fundly” refers to the suite of products (CRM, Volunteer Management and Crowdfunding) offered by Fundly LLC.

RENEWAL

This Agreement shall remain in full force and effect while you use the Services. Unless you have paid by check, your subscription will renew automatically at current prices until it is cancelled in accordance with Section 3. Prices are subject to change. Annual and Multi-year plans (may not be offered across all products) will be renewed automatically as an annual plan unless they have been renewed by your organization as a multi-year plan prior to the date of the contract renewal. For annual or multi-year payment plans (when offered), we will notify you of the pending renewal of your Subscription at least 7 days prior to the date your subscription renews, except as otherwise required by law.

In case you have exceeded the contact/volunteer limits of your current Subscription Plan during the term of your subscription, you will be automatically renewed at the appropriate Subscription Plan Level.

On the Anniversary date of your Subscription Term, you will be given an opportunity to change your Subscription Term at the Prevalent Price for your Subscription Plan. In case you have exceeded the contact limits of your current Subscription Plan during the term of your subscription, you will be automatically asked to renew at the appropriate Subscription Plan.

For all subscriptions, you must cancel your Subscription in accordance with Section 3.4 before it renews in order to avoid billing of Subscription Fees for the renewal term to your credit card unless you pay by check.

You expressly agree that we are not liable to refund the full amount, or any part of fees, charges and taxes paid by you for any reason whatsoever.

Failure to have a valid card on file or make payments by renewal date will result in a penalty fee of 1% of the Total Payable Amount, for every month the payment remains unresolved.

TERMINATION

If Subscription is cancelled by your organization, Fundly LLC will not refund any remaining portion of the Subscription Fee in case the amount has been pre-paid for the subscription term, or any other charges or taxes paid by you. Cancellation takes effect immediately upon the request being processed by Fundly LLC's accounting department.

In case where the Subscription Fees have not been pre-paid, cancellation by organization will result in all remaining funds due under this agreement being charged immediately to the card on file or in case of alternative payment arrangement, the payment will be due within 7 business days of the cancellation request. Failure to have a valid card on file or make the remaining payment within the 7 days will result in a penalty fee of 1% of the Total Payable Amount, for every month the payment remains unresolved.

You understand and agree that your cancellation of your Subscription is your sole right and remedy with respect to any dispute with us.

All cancellations must be done in writing via email (to [email protected]). Cancellation request must be submitted to [email protected] AT LEAST 48 business hours prior to renewal date. Subscription fees charged for renewals due to failure to provide formal cancellation request in writing or to provide 48 business hours for processing such request will not be refunded.

GENERAL

Entire Agreement: This Agreement is the entire agreement between your organization and Fundly LLC. which supersedes any conflicting terms in the Fundly Terms & Conditions. This Agreement may not be changed orally, but only in writing signed by both parties which specifically references this Agreement.

Upon executing this document, your organization agrees, in exchange, to provide the following as part of the agreement with Fundly LLC with prior permission (1) As a reference account, we reserve the right to ask you to participate in a press release announcing our affiliation (2) Lend your organizations name to a marketing campaign targeting other organizations with the same cause (3) On occasion, we reserve the right to speak with an important prospect about your perspectives on working with us.

Severability: If any provision of this agreement or its application to any person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any law or regulation or government policy or any amendment thereof, the remainder of this agreement and the application of such provision to persons or circumstances shall not be affected thereby, and each provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the unenforceable provision.