ALVARUM TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLY UNDER THE TERMS SET FORTH HEREIN.
THE ALVARUM FUNDRAISING TERMS AND CONDITIONS OF USE SET FORTH HEREIN ONLY APPLY IN ADDITION TO AND UNDER THE CONDITIONS SET FORTH BELOW.
DEFINITIONS FROM ALVARUM TERMS AND CONDITIONS OF USE AND ALL OTHER LEGAL NOTICES ASSOCIATED WITH THE ALVARUM SITE APPLY
Article 1. Légal
The Site is hosted 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): Guillaume Desnoës
Article 2. Définitions
Alvarum Fundraising – an Alvarum service provided by Alvarum by which Organizations recruit, activate supporters, and/or funnel charitable contributions through the Site.
Alvarum Software – The software provided on the Site used for the legitimate ends of Alvarum, Organizations, Users, Account Holders and visitors with the purpose of facilitating collection of funds for Organizations.
Alvarum Challenges – Fundraising challenges proposed by Alvarum to Organizations. Alvarum Challenges may be proposed to Organizations in partnership with event organizers. Alvarum may sell packages of entries and visibility on these challenges to Organizations.
Alvarum Websites – Online communication tools proposed by Alvarum to help Organizations recruit supporters, donors, and fundraisers.
Donations – Contributions of capital made using Alvarum Software pursuant to Alvarum Fundraising goals and subject to the Fundraising Terms and Conditions of Use.
Registrations – Registration of a Subscriber to any event organized by a Subscriber, Alvarum SAS, and/or an Organization and announced on the Site.
Alvarum Fundraising Subscribers – Any Organization that subscribes to an Alvarum offer pursuant to Article 5 of the present Alvarum Fundraising Terms and Conditions.
Article 3. Description
Alvarum SAS provides Alvarum Fundraising Subscribers with an offer range called “Alvarum Fundraising” that includes online marketing tools permitting Alvarum Fundraising Subscribers to recruit supporters, to activate supporters, to collect Donations,to accept Registrations for an event.
The Donations or Registrations are made through the Alvarum Site, and Alvarum SAS acts as a service provider to Alvarum Fundraising Subscribers.
The present Fundraising Terms and Conditions of Use cover the conditions of subscription and use by Organizations and Alvarum Fundraising Subscribers.
To complement these Fundraising Terms and Conditions of Use, special terms may apply for each Alvarum product consumed.
When special terms apply, they will be defined on the “order request form” corresponding to the Alvarum product consumed.
Article 4. Reception of funds by the organization
Donations or Registrations collected through Alvarum Fundraising are transferred to the Alvarum Fundraising Subscriber designated by the Subscriber.
In order to receive funds through an Alvarum Fundraising product, an Alvarum Fundraising Subscriber will need to provide Alvarum SAS with a mandate to receive funds on behalf of the Alvarum Fundraising Subscriber and, when relevant, setup the fiscal receipt associated with the Donation(s):
Each Alvarum Fundraising Subscriber is responsible for verifying its obligations to fiscal authorities for any and all transfers of funds executed through the Alvarum site. Alvarum cannot be held responsible in this respect.
Article 5. Subscription, rates and billing
Alvarum SAS has established a business model that adapts to Organizations of different sizes.
A Subscription to an Alvarum product is executed through an online form and a subsequent filing of a subscription file that must be returned to Alvarum SAS by email or fax.
The Subscription to Alvarum Fundraising is an agreement – automatically renewed annually – on the part of the Organization to use Alvarum services and more specifically an Alvarum product of the Alvarum Fundraising range, to assist in Organization fundraising efforts on the Site, and to adhere to the Alvarum Fundraising Terms and Conditions of Use and the General Terms and Conditions of Use.
Different types of services associated with Alvarum software and Alvarum coaching services will be subject to fees for payment by the Alvarum Fundraising Subscriber, as detailed below:
Fees for Software usage:
- Organization account creation fee: One time fee paid when Organization subscribes for the first time to any Alvarum service – 290€ (VAT excluded)
- Usage fees:
- 5% (VAT excluded) fee on each transaction – billed on a monthly basis
- Possibility to subscribe to a yearly plan for platform usage: fees are in this case prepaid for a yearly defined amount of total donations
Payment processing fees:
All Alvarum Fundraising Subscribers receiving funds through Alvarum pay a payment processing fee on transactions equal to 1,9% of all transactions (VAT included) with a minimum of 0,59€ (VAT included)/ transaction (Payment Processing Fee). Payment Processing Fees are charged on a monthly basis. For each transaction processed through the Alvarum platform, Alvarum operates a simultaneous off-set between the funds owed to the Alvarum Fundraising Subscribers and the Payment Processing Fees owed by the Alvarum Fundraising Subscribers.
Fees for Websites:
- Set-up fees billed when order takes place.
- Website’s maintenance subscription fees billed on a yearly basis.
Fees for services:
Some services are sold on a one-shot model and others are sold on a subscription model.
- One –shot services are billed when order takes place
- Subscription services are billed on a yearly basis.
Fees for Fundraising Challenges:
- Fees billed in consideration for the purchase of entries to the event,
- Fees billed in consideration for the visibility on the event website and on event communication supports
Rates are described on pricing tables that are published on Alvarum website or sent to Alvarum Fundraising Subscribers and/or appear on order forms used by the Alvarum Fundraising Subscribers at the time of subscription.
Optionnal donors contribution
Donors can pay a volunteer contribution to Alvarum when makeing a donation. This helps Alvarum to provide support and coaching services to users.
Subscription to an Alvarum Fundraising product or service is made through an order form that is edited by Alvarum and provided to the Organization.
Order forms will enumerate and define:
- The Product(s) or service(s) to which an Organization subscribes
- Duration of subscription in months
Order forms may also define prices, or provide the Alvarum Fundraising Subscriber with a link to the pricing table available on Alvarum platform.
Recurring fees are subject to automatic renewal.
5.3 Payment conditions
Payment Processing Fees
For each transaction processed through Alvarum platform, Payment Processing Fees are automatically and simultaneously set off against the funds owed to the Alvarum Fundraising Subscribers.
To provide competitive rates, Alvarum SAS has automated customer billing. By becoming a Subscriber to Alvarum Fundraising, the Alvarum Fundraising Subscriber authorizes Alvarum to automatically debit the amount billed for the products and services made available by Alvarum Fundraising.
An Alvarum Fundraising Subscriber commits to ensuring its bank account can be debited by Alvarum SAS.
If an automatic debit fails, for any reason whatsoever, Alvarum SAS will charge a €40 fee (VAT free) to the Alvarum Fundraising Subscriber’s account. Moreover, an annual interest rate of 5% will be applied to the amount due to Alvarum SAS from the time of the failure, until the complete payment of the amount due, without prior notice.
Alvarum Fundraising Subscribers hereby accept that bank account information provided for this purpose be used to debit according to the Fundraising Terms and Conditions of Use herein and/or all other Site Terms and Conditions of Use.
If specified on order form signed by Alvarum Fundraising Subscribers, other payment means can be used.
The due date for all payments is the Invoicing Date + 15 days.
Should an Alvarum Fundraising Subscriber pay an invoice by another payment means than those set out in the present Fundraising Terms and Conditions of Use, an annual interest rate of 5% will apply to all sums not paid after the Due Date until such time as they are paid, without prior notice.
As a general rule, payment terms and conditions provided for in the order forms prevail over those provided for under article 5.3 of the present Fundraising Terms and Conditions of Use.
Article 6. Common clauses
Alvarum SAS and an Alvarum Fundraising Subscriber each can terminate the agreement between them at anytime for any reason following 30-day notice by email.
In case the termination is initiated by the Alvarum Fundraising Subscriber, no amount due for Alvarum Service already initiated at the time of the notification will be reimbursed.
If one of the parties significantly fails to abide by the present Fundraising Terms and Conditions of Use or other Alvarum Terms and Conditions of Use and Privacy Policies, the other party can terminate the contract immediately without prior notice.
Pursuant to the present Fundraising Terms and Conditions of Use, non-payment of a bill within the deadline established for payment will be considered a significant failure to abide by the present Fundraising Terms and Conditions of Use.
6.2 Invalidity of one or more clauses
If one or more clauses within the Fundraising Terms and Conditions of Use are found to be invalid, this shall not render the Fundraising 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.
6.4 Governing Law
The present Alvarum Fundraising Terms and Conditions of Use shall be governed by the Laws of France.
The Tribunal de Commerce de Paris shall be the sole body with jurisdiction to hear matters arising from these Alvarum Fundraising 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 Alvarum Fundraising Subscribers.
6.5. Amendments to this agreement
Alvarum may at any time amend the present Alvarum Fundraising Terms and Conditions of Use and any feature of Alvarum Software without prior notice. All changes will take effect immediately.
It is the responsibility of each User, Subscriber, Visitor, Alvarum Fundraising Subscriber and/or Organization to check the latest version of the Alvarum Fundraising Terms and Conditions of Use. In any case, the Subscription to Alvarum Fundraising implies acceptance of the latest version of the Fundraising Terms and Conditions of Use.
It is the responsibility of each Alvarum Fundraising Subscriber to maintain up to date contact information.
The present Alvarum Fundraising 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 Alvarum Fundraising Terms and Conditions of Use.