Last updated: 8/25/2019
PBCS Technology (referred to as “PBCS”) is the creator, developer and sole owner of givingforkindness.com, an online fundraising platform for schools and other relevant non-profit organizations. The following terms of service apply to the my.givingforkindness.com website and any event website built for a customer organization, where the customers’ fundraising website resides on the GivingForKindness platform (collectively referred to as “GivingForKindness”). Any party that accesses, uses, or registers on GivingForKindness (referred to throughout in the second person " you," "your,", “customer” etc.) agrees to be contractually bound by these Terms of Service (the "Terms").
Your use of GivingForKindness, or any of the services or features accessible therein, constitutes your acceptance of the Terms. If you do not wish to use GivingForKindness in accordance with the Terms, then you should immediately discontinue using GivingForKindness. If you do not agree or understand the terms of service stated here, please do not use the GivingForKindness service or any of its features.
GivingForKindness is a SaaS (Software as a Service) fundraising platform and service that enables schools and other non-profit organizations (“Cause”) to create, promote and administer an online, social fundraising event with fully integrated peer-to-peer (P2P) fundraising and financial administration tools. Among other features, GivingForKindness is designed to allow you to create a fundraising campaign for your Cause, allow students or other participants (“Participants”) to create personal fundraising pages, use automated email services to correspond with potential donors, and accept donations from those who wish to contribute to the Cause.
GivingForKindness can be used to build fundraising campaigns that involve giving back to the community, such as through volunteering with local organizations or performing other acts of kindness.
GivingForKindness provides web facilitated social fundraising tools that enable enthusiastic and passionate participants to promote a cause and fundraise to their network of friends and family.
The website allows participants to register, individually or as a team, create personal fundraising pages, use P2P fundraising tools to aid in fundraising, and monitor progress. Sponsors are able to sponsor an individual participant as a donation to the organization. Administrators are able to customize website parameters and campaign materials, and manage financial aspects of the event.
PBCS provides all services related to setting up an online P2P fundraising campaign.
PBCS owns all GivingForKindness technology, and you are granted a limited license to access and make personal use of the GivingForKindness platform. This service, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose other than fundraising for a non-profit cause. Use of the service that constitutes abuse shall be determined by PBCS, in its sole discretion. PBCS reserves the right to terminate your account if PBCS determines you have not complied with the terms of service.
The GivingForKindness service shall commence as of the date that you sign up for GivingForKindness and are approved by PBCS. You, the customer, may terminate this agreement by giving written notice via email that you no longer agree to the terms of the service and/or wish to discontinue the use of the GivingForKindness service.
By accessing, using, or registering with GivingForKindness, it is with the understanding that you have the authority for your Cause to enter into this agreement.
PBCS, in its sole discretion, may immediately terminate the use of the service for any customer without any prior written notice in the event of any breach of the terms of service or any other reason. PBCS can also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters.
We reserve the right, at any time and from time to time, to temporarily or permanently modify or discontinue the service, including, but not limited to the time the service is available. You agree that PBCS shall not be liable to you or to any third party for any termination of your access to the service, modification, suspension or discontinuance of the service, in whole or in part.
We reserve the right to discontinue (a) GivingForKindness, in whole or in part, (b) any features or services provided by or through the GivingForKindness, or (c) your GivingForKindness account, for any or no reason, without notice to you.
Outside of breach of this contract, GivingForKindness will provide access to your client data for at least 90 days after your event has taken place. If your account is used within 12 months of your last campaign, at least 3 years of previous year's client data will be made available.
We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error free. We offer the Website and the features and services contained therein "AS IS" and "WITH ALL FAULTS.”
PBCS will provide unlimited technical support via email for customer questions from 7am to 5pm (EST) Sunday through Thursday.
Credit Card Processing
GivingForKindness’s standard credit card processor is Wepay. We also support Stripe accounts. The fees charged by the merchant provider and gateway company are separate from PBCS fees.
Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms of service set forth by our payment partners, WePay
, in addition to these Terms of Service.
Fees and Payment
GivingForKindness usage is free, as stated on the GivingForKindness.com website, but this is subject to change at the discretion of PBCS. You are responsible to pay credit card fees, which are determined by WePay and Stripe. These terms are subject to change at the discretion of WePay and Stripe.
You are solely responsible for any text, photographs or any other content transmitted, posted, or distributed by you, your participants and sponsors on the GivingForKindness platform. By posting or sending content, you represent and warrant that you own all right, title and interest to such content.
You acknowledge and agree that PBCS reserves the right to evaluate the content on your organization’s campaign and fundraising pages. PBCS may review, monitor, alter, and remove content that is offensive and not meeting the terms of service.
You agree not to do the following on or through the GivingForKindness service:
Post, transmit, or otherwise make available, through or in connection with the service anything that is or may be:
unlawful, threatening, harassing, degrading, abusive, hateful or intimidating;
a virus, worm, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
an unsolicited or unauthorized advertising, promotional email;
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
create any liability for GivingForKindness or cause us to lose (in whole or in part) the services of our Internet Service, web hosting company or any other vendors or suppliers;
engage in any conduct which, in PBCS’s sole discretion, is considered inappropriate, unauthorized or objectionable;
engage in online gambling includes sweepstakes and raffles;
gain unauthorized access to the website, or any account, computer system, or network connected to this website or services, by any unauthorized or illegal means.
Any user who feels that posted content on an organization’s campaign page is objectionable should contact PBCS representatives to remove the objectionable content. If PBCS determines that removal is necessary, PBCS will make every effort to remove the objectionable content within a reasonable time period.
PBCS reserves the right to refuse service or terminate service to any organization it deems as inciting or promoting hatred, discrimination or incitement against any race, religion or gender.
In order to permit us to protect the quality of our service, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion.
By posting, uploading, or transmitting content or information to, or through, the GivingForKindness platform, you grant us a nonexclusive, irrevocable, worldwide, sub-licensable royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the website as we reasonably see fit. You warrant that you have the authority to grant such license.
You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the GivingForKindness platform, features, or services provided therein.
The GivingForKindness platform supports DNS domain redirects for vanity URLS and does not support DNS domain masking. Domain masking can cause functional problems as well as seem insecure for credit card processing.
Disclaimers of Warranties
There are no warranties of any kind. PBCS makes no warranty that the service will be uninterrupted, timely, secure, or error-free. You will be solely responsible for any damage to your computer system or loss of data that results from using this service. PBCS shall not be liable for any indirect, incidental, special or consequential damages.
As the provider of GivingForKindness, we reserve the right to discontinue GivingForKindness, in whole or in part, limit any features or services provided by or through the GivingForKindness and/or limit your account access, for any or no reason, without notice to you.
You agree to assume all liability arising from misprinted registration information, pricing and all mailings distributed via email. PBCS bears no responsibility for mail being blocked by recipient mail servers.
You hereby release us, our successors and assigns, our affiliates, and each of the foregoing's respective directors, officers, employees, and agents from any and all liability, costs, expenses, losses, damages, and claims, whether known or unknown, which may arise from you hosting, participating in, attending, or authorizing an event posted on GivingForKindness.
The aggregate liability, together with the liability of our officers, directors, employees and agents will not exceed the amount paid to PBCS from transaction fees from transactions made through GivingForKindness in the twelve (12) months immediately preceding the event of your claim(s).
Modifications to Terms of Service
PBCS reserves the right to amend the terms of service at its sole discretion and any modifications shall be effective immediately upon posting. PBCS may notify you of such changes by sending an email to the email address provided. PBCS encourages you to review these terms periodically for any updates or changes (noted by the date of last change). Any amended or modified terms will be effective upon posting. By continuing to use the service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of service or any changes thereto, do not continue to use the GivingForKindness service. In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect. If PBCS fails to enforce any parts of these Terms, it will not be considered a waiver.
These Terms make up the entire agreement between you and PBCS regarding GivingForKindness and supersede any prior agreements.
GivingForKindness may, at any time, assign its rights or delegate its obligations hereunder without notice to you in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
You understand that you are responsible to set the tax language in any receipt you send to individuals donating through the website. PBCS makes no representations about the nature of any transaction made through GivingForKindness.