Last Updated: February 19, 2015
This agreement (the “Agreement”) is between Benevolent Enabler Inc, a Louisiana for-profit corporation (“BE”), and any party who uses BE’s services, offerings, products, or Internet-related programs (“Customers” or “Receivers”). Any general uses of “we,” “us,” or “our” refers to BE. Any general uses of “you,” “user,” or “visitor” could refer to a visitor or reader of our website, user of our services, our Customers, any Receivers, or any donor or Giver.
What We Do
BE provides a donation engine that enables Receivers to receive donations from their donors (“Donors” or “Givers”) via Internet, mobile, and or other digital technologies, as well as printed, wearable merchandise, or location-based devices. We serve as a medium that promotes spontaneous generosity from Givers to Receivers.
Receivers, Givers, and Campaigns
Anyone or any entity (including for-profit and not-for-profit entities) that wishes to create a donation campaign for any purpose may be a Receiver.
Anyone or any entity (including for-profit and not-for-profit entities) that wishes to donate to a Receiver’s campaign for any reason may be a Giver.
A “Campaign” is created by a Receiver using BE’s Internet and mobile technology in conjunction with printed merchandise and/or location based devices, allowing for Givers to give specified or custom donations.
All Campaigns, and by extension all Receivers and Givers, shall be subject to any local, federal, or international laws that regulate any particular type of campaign (for example, tax and other regulations that govern charitable contributions, election contributions, or other types of campaigns). All Receivers and Givers are individually responsible for adhering to any regulations or laws that apply to the type of Campaign in which the parties are engaged. You hereby understand and agree that we are not responsible or liable in any way for your compliance to any federal, state, or international laws.
Our Products, Services, and Offerings
We provide an Internet service that creates QR codes that Givers can scan with mobile devices to donate money to Receivers’ Campaigns. We also provide unique phone numbers that, when sent a text message to, can respond with a unique link mapped to a Receiver’s specific campaign, that Givers can then use to donate. We may also provide a mobile app on various mobile platforms that offers additional services that may be added or removed in the future.
In addition, we provide merchandise such as apparel and accessories that contain QR codes that may be scanned, leading to a specific Campaign landing page. In the future, we may also provide location-based devices and associated services.
In exchange for our fees, BE’s products and services offer Givers and Receivers the following advantages:
- Our services enable Givers to share the cause to which they have donated via social media, thereby broadening donor networks via social media. This sharing component allows Receivers to benefit from a greater level of generosity.
- The unique selling point of BE’s products and services is that we enable a Giver to transact at the moment that it matters most. Our donation engine creates a seamless and frictionless environment for a Receiver to capitalize on spontaneous generosity.
- Our platform provides data analysis of when Givers are most incentivized to give, thereby allowing Receivers to adjust their Campaigns and maximize the donations.
Our platform is integrated with the ability to put QR codes on merchandise and accessories, such as shirts, bracelets, and dog tags. If a Receiver pays the cost for the merchandise ordered, then BE will not imprint its logo and branding on that merchandise. If the Receiver cannot or chooses not to pay for merchandise, then at our sole discretion, BE reserves the right to use our logo and branding on that merchandise, as well as the right to redeem the cost of merchandise from the funds raised.
Our Fees And Services
We generate revenue by deducting a percentage of donations collected via our various technologies, and digital and print media. When a Receiver runs a limited or continuous campaign, using BE technologies, products, or services, we seamlessly collect a transaction fee at the moment the funds are received from a Giver. The amount of that fee varies based on the tier of services that the Receiver chooses to use. Typically, a Receiver’s final collected funds, minus all fees, are available to the Receiver within two business days after a Giver makes a donation. We provide Receivers three tiers of services as follows:
- 1. BE Evergreen. A Receiver may create an ongoing campaign that runs without any end dates. In such ongoing campaigns, BE shall deduct a flat 7.1% fee, in addition to any fees required by our back-end merchant payment collection partners (the “Merchant”), which can vary between 2.1% to 2.9% and can carry a per-transaction fee of up to $0.50.
- 2. BE Gala Services. For specific, one-off gala events, we provide the following model:
- For donations of up to $100,000.00, BE shall collect 10%. In addition, the Receiver shall pay any Merchant fees and charges.
- For donations of any amount more than $100,000.00 but less than $250,000.00, BE shall collect 5%, and the Receiver shall pay any Merchant fees and charges.
- For donations in excess of $250,000.00 but less $1,000,000.00, BE shall collect 2.5%, and the Receiver shall also pay any Merchant fees and charges.
- For all donations in excess of 1,000,000.00, BE shall collect no fees, but a Receiver shall pay all Merchant charges and fees.
In addition, BE will provide volunteers who aid in the collection of donations at the gala event, thereby maximizing the collection of funds at the moment of generosity. This tier of service shall not extend beyond one month, after which the campaign and all collections shall terminate. However, all customer and payment data collected during the entire campaign shall be available to you in your BE online account.
- 3. BE Custom. We also offer personalized services for our non-profit customers. These Receivers may have specialized needs or unique situations that could benefit from our vast and diverse experience in maximizing donations to non-profits and charities. As a result of these special needs, our fees and charges may vary depending on program. Using this tier of services shall require a separate written agreement between BE and the Receiver.
Third Party Fees
As stated above, we will use a third-party merchant service providers to process payments. The terms and conditions of any third party that we use are subject to change by those third parties.
BE is under no obligation to refund any fees to Receivers or to refund any donations to Givers.
Privacy, Data Collection, and Unlawful Activities
Collecting payment information is integral to the services we offer. Both Receivers and Givers hereby agree that they are actively and knowingly engaging in activities that involve providing BE with payment, banking, and contact information.
When running campaigns, Receivers may have options to display certain information about themselves or their organizations. Receivers hereby agree that any information they provide, and any option boxes that they check that displays information about themselves or their organizations waives any right to privacy with respect to the information they choose to display while using our systems.
In some Campaigns, Givers may choose to provide payment information for recurring (monthly or quarterly) charges. In those situations, Givers hereby explicitly agree to allow BE to retain their payment information for multiple charges as dictated by the Campaign, and Givers hereby agree that doing so is not a violation of their privacy.
We agree to never reveal a Giver’s payment or contact information to any party other than the specific Receiver running the Campaign to which the Giver has donated. The only exception to this promise is that BE will comply with any subpoena provided by a governmental agency and supported by a valid court of law. Receivers and Givers hereby explicitly agree that BE’s cooperation with a governmental agency or a court of law is not a violation of their privacy.
Receivers hereby agree not to use any collected information to violate any privacy or other laws that impact the privacy of Givers. Receivers agree not to SPAM Givers with the contact information Givers have provided. Givers and Receivers agree not to attempt to hack into BE or Stripe systems in order to obtain any unauthorized information about each other or about other Receivers and Givers.
Both Receivers and Givers hereby agree not to use BE’s servers, Internet services, or products and offerings for any illegal or unlawful purposes. This includes complying with the laws of any country, and specifically includes any not conducting activities that launder or illegally transfer money, gambling or offshore banking, or violating the rules and laws of any tax authorities or other regulatory agencies. BE neither supports not promotes any unlawful activities, and Givers and Receivers hereby explicitly acknowledge that BE shall fully comply with any governmental, federal, state, or international agency or court of law that seeks to investigate any Giver or Receiver for all suspected unlawful activities.
Termination or Suspension of Services
Givers and Receivers hereby explicitly agree that BE has the unilateral right to terminate any Campaign at it’s sole discretion for any reason, including but not limited to any suspected unlawful activity by either Givers or Receivers, or the potential violation of the rights of others. We shall not be liable to you for any harmful consequences that result from the suspension or termination of your Campaigns.
Disclaimer and Warranties
You understand and agree that our products, services, and offerings are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to transact any Giver or Receiver transactions. This disclaimer shall extend to any third party web applications, servers, or hosts on which our services and offerings rely.
In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, on any theory of liability, arising out of or in connection with the use of our products, services, or offerings, or of any web site referenced or linked.
Further, we shall not be liable in any way for third party goods and services offered with our products and services, or for assistance in conducting commercial transactions through this site, including without limitation the processing of donations.
By using our products, services, and offerings, you agree to be bound by this user agreement. If you do not wish to be bound by this agreement, please refrain from using our products, services, or offerings. Your remedy for dissatisfaction with any products, services, content, or other information available on our websites or through our services, is to stop using those particular products or services. Your agreement with us regarding compliance with these terms of service becomes effective immediately upon commencement of your use of our products, services, or offerings.
Effective Date, and Modifications
The terms of this Agreement are effective upon your use of our products, services, and offerings, and they are updated on a continual basis, as dates at the beginning of this Agreement. We expressly reserve the right to change the terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Agreement from time to time and to familiarize yourself with any modifications. Your continued use of our products, services, and offerings after such modifications will constitute acknowledgement of the modifications and an agreement to abide and be bound by the modified Agreement.
Givers and Receivers explicitly agree to release; defend; indemnify; and hold the BE, its affiliates and subsidiaries, and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of our products, services, or offerings, or any party’s violation of the terms and conditions of this Agreement; (b) Receiver content; (c) interactions between Givers and Receivers, (ii) any party’s participation in a Campaign, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Campaign; or (d) any party’s participation in any website, product, service, or offering of BE.
If any provision in this Agreement is unenforceable, that provision may be struck, but the rest of the terms and conditions shall not be invalidated.
Impossibility of Performance
In the event that BE or any of its service providers, including Stripe and BE’s web application hosting servers, is unable to perform any of the obligations of this Agreement as a result of acts of God or other unforeseen events, Givers and Receivers agree to be subject to the definitions and provisions of Impossibility of Performance as described in the Louisiana Civil Code.
Choice of Law
This Agreement is subject to the laws of the State of Louisiana. Any disputes shall be resolved by mediation, and if mediation fails, binding arbitration in Orleans Parish, Louisiana, in accordance with the laws of the State of Louisiana.
By continuing to use our products and services, you hereby agree to all the terms of this User Agreement.