Terms & Conditions
ClickFundraising.org, Inc. Terms of Service
You, the Organization Administrator (“Administrator”) and ClickFundraising.Org, Inc. with offices at 2169 Albany Drive, Franklin, Tennessee, 37067, (“Click!”),agree, as of the date of the program setup completion, to be bound by this policy and any amendment. This policy includes, but is not limited to the Click Fundraising Privacy Policy. By setting up a program on the Click! website, Administrator certifies that he or she is legally authorized to make commitments on behalf of a school, sport group or other organization or group (the “Organization”) and that Click! may justifiably rely on the Administrator’s certification to provide the services referenced in this Term of Service agreement.
Click! offers the Administrator and Organization access to unique website and email features developed exclusively for Click! or provided in partnership with reputable service providers (collectively, our “Services”). Click! offers these Services to the Administrator and Organization in exchange for a percentage of money received from all donations or sales made on behalf of the Organization through the Click! website. Exact percentages are outlined in Article I of this agreement.
OWNERSHIP: Administrator acknowledges that Click! owns all rights to the products and services supplied through the Click! website, including the website itself. These rights may not be transferred or resold by the Administrator or Organization. Marketing Materials supplied by Click! or available for download on the Click! website are the exclusive property of Click! and may be used only in conjunction with an active fundraising campaign being run through the Click! website. All editorial content and images on the Click! website remain the exclusive property of Click! and may not be copied, distributed or reproduced in any form without the express written consent of Click! Third party products and services listed on the Click! website belong to the manufacturers of those products or purveyor of those services.
ACCEPTABLE USE Click! is committed to responsible use of its web site and email, and operates in full compliance with the Can-Spam Act of 2003. Emails generated through the Click! website on behalf of an Organization are also subject to the rules of this legislation. Email generated through the Click! website should be for the purpose of informing others about fundraising campaigns and activities related to such campaigns and for offering products. Under the Can-Spam Act of 2003 and subsequent amendments you have the right to refuse to accept e-mail advertisements. If you do not desire to receive e-mail advertisements, please e-mail us at privacy@clickfundraising.org. Once we receive your request, please allow ten (10) days for your e-mail address to be de-listed from our system.
Using the Click! website email system for the purpose of harassing email recipients, causing distress or harm to others, or for any other reason that does not support the goal of a fundraising campaign is forbidden. Use of misleading subject headers or sexually explicit material is forbidden.
Click! reserves the right to terminate access to any of portion of the Click! website to any persons or groups who misuse this site or misrepresent themselves or the purpose of the Click! website. Furthermore, Click! reserves the right to immediately delete any material that we, at our sole discretion, deem inappropriate. Deliberate misuse of the Click! website or emails from the Click! site that infringe upon the rights of others, seek to do damage to persons or property, or that violate any state or federal statutes will be immediately reported to the appropriate authorities.
ADMINISTRATOR COVENANTS: Administrator agrees not to directly or indirectly modify, alter or copy any portion of the Click! website nor to make any attempt to decode or reverse engineer the source code powering the website.
Completion of the Administrator setup process on the Click! website means the Administrator consents to and authorizes Click! to begin the fundraising campaign on the behalf of the Organization. Administrator assumes all expenses incurred by Click! should the Administrator terminate the campaign before the start date or fail to provide email addresses for the fundraising email solicitations. These expenses may include but are not limited to charges incurred for the preparation of marketing materials, email domain registration, and labor charges related to the program set up process.
CLICK! COVENANTS: Click! agrees to submit the Organization’s portion of the fundraising campaign proceeds within 30 days of the termination of the campaign. Check issuance dates are outlined in Article II of this agreement.
Unless otherwise notified, checks will be issued to the Administrator and mailed via U.S. Postal Service to the Organization address provided by the Administrator.
Checks not cashed within 90 days of issuance will be cancelled and a replacement check will be issued only upon request by the Administrator or other authorized representative of the Organization. Replacement checks will be issued within 30 days of the request.
LIABILITY AND DISCLAIMERS: Click! makes no guarantee of any kind, express or implied, as to the level of success or amount of funds raised for any fundraising campaign. Click! also makes no warranty, representation or covenant, express or implied that your participation in a fundraising campaign will comply with state, federal or local laws that apply to your Organization. By using the Click! website, the Organization certifies that it is in compliance with state, federal and local laws that apply to the Organization. By use of the Click! website, the Administrator and Organization, and any successors or assigns of the Organization agree to indemnify and hold Click! harmless from any damages, liabilities or losses resulting directly or indirectly from the use of the Click! website.
CONFIDENTIALITY: In order to use the features of the Click! website, some personal information will be collected from Administrators and members of the Organization. Click! will also collect information about locations on the Click! website visited or features of the Click! website used during the fundraising campaign. Information collected will be used to process transactions and operate the Organization’s fundraising campaign. All information collected is considered private and confidential as is treated as such. Please refer to the Click! Privacy Policy for more information about Confidentiality, Privacy and Security.
TERMINATION: This agreement is binding until the end of the Organization’s fundraising campaign. A campaign ends when the Administrator terminates the campaign through the "cash out" process or after 2 weeks of inactivity by the Administrator or any member of the associated organization. Click! reserves the right to terminate this agreement at any time if the Administrator or Organization violates any tenet of this agreement or the Click! Privacy Policy.
FAILURE OF WEBSITE: Click! shall not be responsible for any failure to provide access to its website or bear responsibility for any period in which the website is down.
Article I
Administrator acknowledges that Click! will take a portion of each sale or donation made on behalf of their Organization through the Click! website.
Click! shall retain 20% of all gross cash or cash equivalent donations made through the Click! website.
Click! shall retain 60% of the gross purchase price of any product or service purchased through the Click! website. The gross price is the price displayed on the item and does not include shipping charges or tax.
Article II
Checks for fundraising campaigns terminated between the 1st and 15th of the month will be issued on the first business day following the last calendar day of the month.
Checks for fundraising campaigns terminated between the 16th and the last calendar day of the month will be issued on the first business day following 15th of the following month.
Use of this website is governed by the laws of the State of Tennessee. The federal district court located in Nashville, Tennessee shall have jurisdiction over the parties, and the parties expressly consent to the jurisdiction of the federal court without regard to the conflict of law provisions of Tennessee or any other state. Use of this website mean the Organization agrees to the Terms of Service, to the Click! Fundraising Privacy Policy as stated herein and as subsequently amended.
