Terms of Service (GETYOURDONATION Foundation and Charities)

Fosetico Enterprises Ltd a company registered in Cyprus with registered office at 58 Agiou Athanasiou Avenue, 4102 Limassol, Cyprus and Registration Number: HE – 269910 ("GETYOURDONATION")

BACKGROUND

  1. The GETYOURDONATION, among other things, provides electronic fund transfer services and other services to facilitate on-line donations to causes who have signed up for a Foundation Account at www.getyourdonation.eu
  2. You now wish to obtain and the GETYOURDONATION wishes to provide the electronic fund transfer services and other services to facilitate on-line donations at www.getyourdonation.eu for your cause.
  3. You understand and agree that contributions made to your cause through www.getyourdonation.eu are processed and disbursed through the GETYOURDONATION.

THIS AGREEMENT

This Agreement is a contract between you and the GETYOURDONATION and applies to your use of the electronic fund transfer services and other services provided by the GETYOURDONATION. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services.

You must read, agree with, and accept all of the terms and conditions contained in this agreement and the GETYOURDONATION privacy policy available at http://www.getyourdonation.eu/cgi-bin/giga.cgi?cmd=privacy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may make use of the GETYOURDONATION’s services.

We may amend this Agreement at any time by posting the amended terms on www.getyourdonation.eu. In this agreement, "you" or "your" means any person or entity or authorized representative making use of the GETYOURDONATION’s service ("Users"). Unless otherwise stated, "GETYOURDONATION", "we", "our" or “us” will refer collectively to the GETYOURDONATION and its subsidiaries.

AUTHORIZATION

By completing the cause application form, you agree that you are 21 years old, and have obtained the necessary authorization, should authorization be required, to act on behalf of your cause. You agree that you are an authorized representative of your cause, and that you will follow all laws and legal regulations that relate to your cause regardless of where those laws and regulations came from, and will comply with any laws and regulations that may apply in the future. In the event that you no longer have the authorization to act on behalf of your cause, you and you only must notify GETYOURDONATION in writing of the change of authorization. GETYOURDONATION will then require the new authorized user to execute a new agreement with GETYOURDONATION.

PAYMENT PROCESSING

GETYOURDONATION credits a donor’s authorized payment account and periodically transfers the credited funds to the bank account designated by you. Donors may authorize a single or recurring payment to any cause or cause project.

RESERVES

In addition to the transaction-processing fee, GETYOURDONATION may, in our sole discretion, decide to hold a reserve for chargebacks and refunds, and any other returned items. Should GETYOURDONATION decide to hold a reserve, we will notify you of the reserve amount and the period of time it is held. We may also require an additional security deposit for high volume accounts.

TRANSFER SCHEDULE

GETYOURDONATION will initiate a transfer to the cause account on a monthly basis, at least 30 days after the actual payment is processed, provided that the then-current balance transfer satisfies minimum levels that we may establish. GETYOURDONATION may, at our sole discretion and depending on the good standing of the cause, transfer funds to the cause account according to a mutually agreed time schedule different from the one above. Notwithstanding the above, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system, nor shall we be liable for any actual or consequential damages arising from any claim of delay.

GETYOURDONATION can initiate transfers to a cause account only on business days when the automated clearinghouses are open for business. If a scheduled payment date falls on a non-business day, however, GETYOURDONATION will not initiate the transfer until the next business day. We will initiate a transfer to the cause account on each payment date for the total amount of payments received from donors' authorized transactions for the cause, less the fees applicable, amounts reversed by donors, the reserve (if applicable) and refunds not processed in previous payments. Although GETYOURDONATION cannot guarantee the exact date and time when the funds will be available in your cause account (due to the nature of SWIFT transfers and the fact that different banks are involved in the transfer process), transfers to the cause account will generally be credited within five (5) business days of the date GETYOURDONATION initiates the transfer.

REFUNDS

GETYOURDONATION will use its best efforts to direct donor inquiries and complaints to the support offered by your cause. In order to resolve complaints and disputes, GETYOURDONATION may issue refunds without your knowledge or approval in any situation we think is appropriate. GETYOURDONATION may also include the donor in its database of blocked accounts if there is an indication of fraud or inappropriate use of the donor's information by either the donor or anyone else.

TRANSFER CURRENCY AND METHOD

All transfers to your cause account will be in EURO.

TRANSACTION LIMITS

The minimum and maximum payment depends on limits determined by GETYOURDONATION. As a security measure, GETYOURDONATION may, but are not required to, impose transaction limits on some or all causes and their donors relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time.

GETYOURDONATION will not be liable to you if: (1) we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (2) if we permit donors to withdraw from a transaction because the GETYOURDONATION service is unavailable following the commencement of a transaction.

TRANSFER DELAYS

GETYOURDONATION may delay initiating the transfer of payments pending an investigation if we, in our sole discretion, believe you or a donor may have violated this agreement. If we determine, in our sole discretion, that you have violated this agreement, we may refuse to transfer payments to your cause and may instead return the payment to the applicable donor. We will not be liable to you if we act in accordance with the provisions of this paragraph.

INVOICES

You are responsible to take all necessary steps to enable GETYOURDONATION to issue invoices to donors on your behalf. You also grant GETYOURDONATION the authority to sign the invoices on your behalf.

INTEREST

GETYOURDONATION may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by donors and our bank account being debited to pay payments to your cause.

TRANSACTION INFORMATION

You can access, download and view transaction information online within the secure, password protected cause administration area at www.getyourdonation.eu.

REIMBURSEMENT

GETYOURDONATION reserves the right to seek reimbursement from you if we provide a refund to a donor who requests to reverse a payment or if we receive a chargeback from a donors' credit card issuer for the amount of the donors' payment. GETYOURDONATION may obtain this reimbursement by deducting this amount from future payments owed to you, by reversing any transfers to the your account, by direct debit from your account, or by seeking the reimbursement from your by any other lawful means.

DISCLOSURE OF INFORMATION

GETYOURDONATION reserves the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user contact details, transaction data, IP addressing and traffic information, usage history, and posted content.

INDEMNIFICATION

You are solely responsible for your website and its content, for your advertising and promotion, and that of anyone referring others to your website. You are also responsible for insuring that you or your cause are the rightful owners or licensees for any copyrighted material, trademarks, or items that appear on your website. You and your cause will take all necessary measures to preclude GETYOURDONATION from being made a party to any lawsuit or claim regarding the service provided to or by you, or any end user. You hereby agree to indemnify GETYOURDONATION and hold GETYOURDONATION harmless from any and all claims of whatever nature brought by any anyone against GETYOURDONATION in excess of the remedy set forth herein.

SERVICE CANCELLATION

You may terminate your participation in the GETYOURDONATION service at any time upon giving notice to us and we may terminate this agreement at any time by giving notice to you or your cause. Upon termination, you must pay GETYOURDONATION whatever fees have been incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled. All of your website content and database records will be immediately deleted upon cancellation. This information cannot be recovered once your account is cancelled.

DISPUTES

GETYOURDONATION will attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices and other than injunctive relief) will be subject to arbitration upon written demand of either party. Arbitration will take place in the City of London, United Kingdom, or at another location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties will each choose an arbitrator, and the two arbitrators will choose a third arbitrator and determine the third arbitrator's compensation. Each party will have one veto over the choice of the third arbitrator. The three arbitrators will schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party will pay the costs of its own arbitrator, and will pay half of the other costs of the arbitration proceeding. Each party will have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators will render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, will not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof. Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party will be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

FEES

You will be responsible for payment of 5% + 0,20 / transaction. Prices do not include VAT

TAX INFORMATION

GETYOURDONATION is not an accounting, taxation or financial advisor, and you should not rely on information given on the site to determine the accounting, tax or financial consequences of making a payment or using the service. We strongly recommend that you consult your own advisor about any accounting, taxation or financial consequences that may affect you.

ELECTRONIC TRANSFERS

GETYOURDONATION reserves the right to resubmit for collection any transfers authorized by you that is returned for insufficient or uncollected funds.

NO WARRANTIES

GETYOURDONATION makes no express or implied warranties or representations with respect to the GETYOURDONATION service (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

NONE OF GETYOURDONATION, ITS CONSULTANTS OR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INVALID OR UNENFORCEABLE PROVISIONS

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect. You and GETYOURDONATION agree to renegotiate in good faith any term held invalid and to be bound by any mutually agreed to substitute provision.

ENTIRE AGREEMENT AND MODIFICATIONS

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Utilization of the service by you following the effective date of any change or modification of this agreement will constitute acceptance by you of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties.

GOVERNING LAW

These Terms of Use are governed by Cyprus law.