THE PRESENT MANDATE TERMS AND CONDITIONS OF USE SHALL APPLY UNDER THE TERMS AND CONDITIONS SET OUT BELOW AND IN PARTICULAR TO PARTIES VALIDATING AN ALVARUM MANDATE. (PLEASE SEE DEFINITION, BELOW).
ANY VISIT TO OR USE OF THE SITE IMPLIES ACCEPTANCE OF THE LATEST VERSION OF THE TERMS AND CONDITIONS OF USE, PRIVACY POLICIES OR ANY OTHER TERMS AND CONDITIONS APPLICABLE TO A SPECIFIC USE OF THE SITE.
ANY INDIVIDUAL VISITING OR USING THE SITE ON BEHALF OF ANY ENTITY, BY SO DOING GUARANTEES THAT THE INDIVIDUAL IS DULY AUTHORIZED TO ACCEPT THE TERMS ON BEHALF OF THE ENTITY.
ALVARUM SAS TAKES NO RESPONSIBILITY FOR ACTIONS TAKEN BY PARTIES WHO FAIL TO MEET THIS CONDITION OR FAIL TO ABIDE BY THE TERMS AND CONDITIONS OF USE AND CANNOT BE HELD LIABLE FOR SUCH ACTIONS OR OMISSIONS.
Article 1. Legal
The Site is operated by Alvarum SAS, a Corporation governed by the laws of France, registered under RCS Number Paris 499 694 024 with registered office at:
19 rue Martel – 75010 Paris – France
Director of Publication (Directeur de la Publication): Olivier Fleckinger
Definitions from Alvarum Terms and Conditions of Use, Fundraising Terms and Conditions of use as well as legal notices and obligations still apply.
Article 2. Description
Pursuant to Article 4 of the Fundraising Terms and Conditions of use:
“In order to receive funds through an Alvarum Fundraising product, an Organization will need to provide Alvarum with a mandate to receive funds on behalf of the Organization and, when relevant, setup the fiscal receipt associated with the Donation(s)”.
As such, Subscribers to Alvarum Fundraising are given the possibility of providing Alvarum SAS with a mandate in order to receive Donations and Registrations on their behalf (the “Mandate”).
The dispositions of the present Mandate Terms and Conditions of Use apply to any Mandate given to Alvarum SAS by Subscribers to Alvarum Fundraising.
No other contractual document will be executed between the parties to the Mandate.
Article 3. Receiving funds into an account dedicated for that purpose
When Subscribers to Alvarum Fundraising provide Alvarum SAS a Mandate, Alvarum SAS commits to:
(i) Maintain a dedicated transfer account of Donations and Registration fees owed to Subscribers to Alvarum Fundraising. This is an account into which Donations and Registration fees are received by Alvarum SAS in the name and on behalf of Subscribers to Alvarum Fundraising.
(ii) Allow Alvarum Users to make a Donation to the Subscribers to Alvarum Fundraising or to execute a Registration for an event organized by Subscribers to Alvarum Fundraising, Alvarum SAS or any other entity working with Alvarum SAS ;
(iii) Assure that the correct amount is debited from the User account and credited into the dedicated transfer account ascribed to the Subscriber to Alvarum Fundraising . This task will be performed using Banque Populaire or any other similar banking service chosen at Alvarum SAS’s discretion. Alvarum SAS cannot be held liable for technical problems arising from the banking services used by Alvarum SAS.
Article 4. TRANSFER OF FUNDS TO THE DEDICATED ACCOUNT OF SUBSCRIBERS TO ALVARUM FUNDRAISING
Alvarum SAS will receive funds on behalf of Subscribers to Alvarum Fundraising. Alvarum SAS will transfer those funds to the dedicated account of the Subscriber to Alvarum Fundraising. Alvarum SAS will execute this transfer on the last day of the month following the month in which the funds were collected.
Where a payment is rejected or cancelled by any User subsequent to Alvarum’s transfer of those funds to the Subscribers to Alvarum Fundraising, Alvarum SAS reserves the right to either:
- Deduct the rejected or cancelled amount from the subsequent transfer of funds to the Subscribers to Alvarum Fundraising; or
- Take steps to recover the rejected or cancelled amount from the Subscribers to Alvarum Fundraising.
Article 5. Common clauses
Alvarum SAS and a Subscriber to Alvarum Fundraising each can terminate the Mandate at any time for any reason following 30-day notice by email.
In case the termination is initiated by the Subscriber to Alvarum Fundraising, no cost pursuant to Article 5 will be reimbursed.
If one of the parties significantly fails to abide by the present Mandate Terms and Conditions of Use or other Alvarum Terms and Conditions of Use and/or Privacy Policies, the other party can terminate the contract immediately without prior notice.
Pursuant to the present Mandate Terms and Conditions of Use, non-payment of costs pursuant to Article 5 within the deadline established for payment will be considered a significant failure to abide by the present Mandate Terms and Conditions of Use.
5.2 Invalidity of one or more clauses
If one or more clauses within the Mandate Terms and Conditions of Use are found to be invalid, this shall not render the Mandate Terms and Conditions of Use null and void.
The computer registers stored on Alvarum SAS’s systems in accordance with standard safety practices shall be deemed proof of communication, agreement and payment between parties, unless proved otherwise.
It is agreed that the value afforded the evidence contained on computer registers or otherwise cannot be brought into question by the sole fact that it is electronic.
5.4 Governing Law
The present Mandate Terms and Conditions of Use shall be governed by the Law of France.
The Tribunal de Commerce de Paris shall be the sole body with jurisdiction to hear matters arising from these Mandate Terms and Conditions of Use. This choice of jurisdiction can be modified upon agreement by the parties, for example, as provided for on order forms used by Subscribers to Alvarum Fundraising.
5.5. Amendments to the Mandate Terms and Conditions of Use
Alvarum SAS may at any time amend the present Mandate Terms and Conditions of Use as well as the functionalities and Alvarum Services without prior notice. All changes will take effect immediately.
It is the responsibility of each Subscriber to Alvarum Fundraising to check the latest version of the Mandate Terms and Conditions of Use.
In any case, the Subscription to Alvarum Fundraising implies acceptance of the latest version of the Mandate Terms and Conditions of Use.
It is the responsibility of each Subscriber to Alvarum Fundraising to maintain up to date contact information.
The present Mandate Terms and Conditions of Use will remain applicable for the duration of the Subscription to Alvarum Fundraising, subject to updates to the latest version of the Mandate Terms and Conditions of Use.