Everydayhero is an innovative online giving service from Blackbaud. Serving the nonprofit and education sectors for 30 years, Blackbaud combines technology and expertise to help more than 29,000 nonprofit partners in over 60 countries do more for their communities.
This 3-step application process will take about 15 minutes and once it's done, we can remit funds raised and other important data to you.
You will be able to start receiving donations immediately. However, because we take your cause and money seriously, we won’t deposit funds into your bank account until you have provided evidence and we have physically confirmed with you. This process can take up to 5 business days.
The term (Term) of this Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with Section 1.2. The initial term of this Agreement shall be twelve (12) months and this Agreement shall automatically renew for additional twelve (12) month periods. The Donee may cancel the Online Services by providing written notice to everydayhero at least forty-five (45) days prior to the start of the renewal term. No credit or refunds will be given for partial periods. Cancellations will become effective as of the final day of the then-current term.
Default. Either Party may terminate this Agreement if the other Party materially defaults in performing any of its obligations under this Agreement and the default remains uncured for at least thirty (30) days following receipt of written notice from the non-defaulting Party. Upon written notice from either Party, this Agreement shall also terminate upon (i) the making of an assignment for the benefit of creditors by a Party, or (ii) the dissolution of a Party.
Effect of Termination. Upon termination of this Agreement or termination of Online Services, everydayhero may immediately cease providing Online Services. If this Agreement is terminated for any reason, Donee shall nonetheless be obligated to pay everydayhero upon such termination any and all accrued and unpaid fees and expenses due and payable to everydayhero as of the date of termination. As soon as practicable following the date of termination everydayhero shall remove the Donee Information from the Website and refuse to accept donations on behalf of the Donee.
Taxes. The fees are exclusive of all duties and taxes imposed upon the provision of goods and services. Unless the Donee provides everydayhero with a valid tax exemption certificate on or before the Commencement Date, the Donee will be responsible for all such taxes and duties. The Donee shall maintain a current tax exemption certificate on file with everydayhero and promptly notify everydayhero of any tax status changes.
Fees. In consideration for the provision of Online Services by everydayhero the Donee must pay the following fees (Fees) to everydayhero:
Fee Changes. Any changes to the Fees will be communicated to Donee on the charity profile in the Online Services ninety (90) days prior to taking effect.
The Donee shall pay a transaction fee (Transaction Fee) which is comprised of
A service fee of five percent (5%) (Service Fee); and
The cost to access the necessary Payment Card infrastructure via a payment gateway or other electronic service to process payments on behalf of Donee (Payment Processing Fee) which is determined at market rates and varies by payment type and payment processor.
everydayhero reserves the right to change the Service Fee under section 3.2(a) for certain events promoted by third parties (Premium Events).
everydayhero will notify the Donee in advance of any Premium Events and of the relevant Service Fee for that event.
The Donee will have the option to participate in the Premium Event. If Donee chooses to participate, Donee shall pay the Service Fee notified to them by everydayhero pursuant to section 3.6(b).
Every seven (7) days, everydayhero shall pay to the Donee by electronic funds transfer the total of donations received by everydayhero on behalf of the Donee during a seven (7) day period after the deduction of the Transaction Fee (Payment Amount).
everydayhero shall provide the Donee with all identification and log-in information and access to a secure, password-protected User Account on the Website to enable the Donee to access the following information:
the charity profile and contact information for the Donee;
the details of the Donor provided when they have made donations to the Donee; and
remittance advices for the previous period.
everydayhero shall provide receipts on behalf of the Donee to the Donors whose addresses are complete and are in the states and territories listed in the Donee Information as the States and territories in which the Donee can collect or solicit donations.
Receipts shall include:
Multiple third party payment processors are used to process Donee donations through the Online Services. everydayhero reserves the right in its sole discretion to (i) change payment processing terms and/or (ii) change, replace or terminate payment processors. In the event of any such change, everydayhero will notify Donee of the change through Donee’s charity profile on the Website and Donee’s continued use of the Online Services shall be subject to the terms communicated in the notice.
Braintree Payment Solutions
everydayhero uses Braintree Payment Solutions LLC (Braintree) for some payment processing. In order for the Donee to use Braintree’s payment processing services, the Donee must enter into the Merchant Agreement (MA) with Braintree and its sponsoring bank. The MA is available here: https://www.braintreepayments.com/agreements/merchant). By accepting this Agreement, the Donee agrees: (a) that they have downloaded or printed the MA, and (b) that they have reviewed and agree to the MA. Please note that everydayhero is not a party to the MA and that the Donee, Braintree and Braintree’s sponsoring bank are the three parties to the MA and that everydayhero has no obligations or liability to the Donee under the MA. For questions regarding the MA, please contact Braintree at 877-434-2894.
Blackbaud Merchant Services
everydayhero uses Blackbaud Merchant Services (BBMS) for some payment processing. In order for the Donee to use BBMS the Donee must the Donee must accept the terms set forth in the Blackbaud Payment Services Addendum available at: http://www.blackbaud.com/files/bbms/bbpstc.pdf. By accepting this Agreement, the Donee agrees to be bound by the Blackbaud Payment Services Addendum.
does not infringe any third party intellectual property rights or other rights;
is in a format designated by everydayhero to enable publishing onto the Website;
does not breach any law, standards, content requirements or applicable laws of conduct;
does not, to its best endeavors, contain any material that is defamatory, pornographic, depicts acts of violence, sexual acts or which may perpetuate hatred against any person or group or have the likely effect of causing harm;
does not contain any instructions which if implemented might cause damage or injury to any person or property;
does not contain any material that is illegal
without limiting the generality of the above, will not expose everydayhero to the risk of any claim, legal or administrative action.
The Donee shall at all times release and indemnify everydayhero, its affiliates and agents from and against any damage, loss, liability, cost, charge, expense, outgoing or payment (whether direct, indirect, consequential or incidental) (collectively, Loss, including reasonable legal costs and expenses, incurred by everydayhero arising from any claim, demand, suit, action or proceeding by any person against everydayhero, its servants and agents where such Loss or liability arose out of, in connection with, or in respect of:
the Donee Information (except to the extent such Loss is attributable to the negligence or deliberate act by everydayhero in the use of the Donee Information);
any breach of any applicable law or regulation by the Donee;
any breach by the Donee of this Agreement; or
any information given or representation made to everydayhero prior to entering this Agreement or during or after its Term excluding any negligence or deliberate act by everydayhero in relation to such information or representation.
everydayhero shall indemnify and defend Donee against any third party claims that Online Services as made available to Donee infringe any United States or Canadian patents or trademarks owned by such third party. everydayhero shall, in its reasonable judgment and at its option and expense:
everydayhero shall have no liability to indemnify and defend Donee to the extent
This Section states the entire liability of everydayhero with respect to any type of infringement claim.
Each Party shall indemnity and defend the other Party against any third party claims arising from the indemnifying Party’s gross negligence or willful misconduct.
The indemnified Party shall give the indemnifying Party prompt written notice of any claims for indemnification and the indemnified Party agrees to relinquish control of defending any such claim to the indemnifying Party, including the right to settle; provided however, that the indemnifying Party will not settle any such suit or claim without the indemnified Party’s prior written consent if such settlement would be adverse to the indemnified Party’s interests.
Confidential Information:(i) all information disclosed by the Owner to the Recipient orally, electronically, visually or in a tangible form which is either (a) marked as “confidential” (or with a similar legend), (b) is identified at the time of disclosure as being confidential, or (c) should be reasonably understood to be confidential or proprietary; and (ii) the terms of this Agreement and any proposals or other documents that preceded this Agreement. Confidential Information includes pricing, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, marketing plans, strategies, forecasts, Donee lists, donor, prospect, and donation information, employee information, financial information, confidential information concerning Owner’s business or organization, information concerning any of Owner’s past, current, or possible future products or methods, including information about Owner’s research, development, engineering, purchasing, manufacturing, accounting, marketing, selling, leasing, and software.
Donee Information: the information posted on the Website relating to the Donee and its request for fundraising and includes the States and Territories in which the Donee can collect or solicit donations in compliance with any applicable Fundraising Statutes.
Owner means the Party providing Confidential Information to the Recipient.
Recipient means the Party receiving Confidential Information from the Owner.
Ownership of Confidential Information. Recipient shall not obtain any rights, title, or interest in any Confidential Information of Owner.
Treatment of Confidential Information.
everydayhero shall have the right, at its absolute discretion, to suspend the Online Services in order to carry out essential maintenance work to the Website or any aspect of the Online Services, or upon the occurrence of an event beyond the reasonable control of everydayhero.
everydayhero shall use commercially reasonable efforts to ensure that any disruption to the Website or the Online Services is for as short a period as possible and everydayhero shall inform the Donee about the suspension of Online Services, should the period of disruption exceed two (2) consecutive hours in duration. In the event of such a suspension, everydayhero shall not be liable to the Donee for any direct or indirect Loss arising from this suspension of Online Services.
In the event of a threatened breach by the Donee, everydayhero may suspend the Online Services and seek to resolve the dispute in accordance with section 9.
everydayhero may suspend the provision of Online Services upon written notice to Donee (i) in response to Donee’s failure to pay when due any undisputed invoices issued pursuant to this Agreement, provided that everydayhero has given Donee at least five (5) days prior notice of everydayhero’s intention to suspend the services and Donee fails pay the undisputed invoice during that five (5) day period, or (ii) in response to a violation by Donee of this Agreement. everydayhero will lift any payment-related suspension promptly following Donee’s payment of the undisputed invoice on which the suspension is based. When exercising its right to suspend the Online Services for a breach of this Agreement, everydayhero will respond in a manner proportionate to the severity of the violation. With respect to any suspension, everydayhero and Donee agree to work together in good faith to address the violation in a reasonable manner, to prevent similar violations in the future, and to reinstate the suspended Online Services as quickly as possible.
Each Party represents and warrants that (i) it has the right and power to enter into this Agreement, (ii) an authorized representative has accepted this Agreement, and (iii) it shall comply with all applicable laws and regulations pertaining to performance of its obligations under this Agreement.
Disclaimer: EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 10.1, EVERYDAYHERO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER EVERYDAYHERO EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.
Donee has accepted this Agreement by the submission of the online application form by a duly authorized officer or officer representative.
All notices or other communications referenced under this Agreement shall be made in writing and, in the case of everydayhero, sent to the address designated above or as designated from time to time in writing by the Parties. All notices shall be deemed given to the other Party if delivered receipt confirmed using registered or certified first class mail, postage prepaid, or recognized courier delivery.
No variation of this Agreement nor consent to a departure by a Party from a provision, shall be of effect unless it is in writing, signed by the Parties or (in the case of a waiver) by the Party giving it. Any such variation or consent shall be effective only to the extent to or for which it may be made or given.
Either Party may assign its rights or obligations under this Agreement with the non-assigning Party’s written consent, such consent not to be unreasonably withheld, provided, however, that everydayhero may assign its rights and obligations in connection with a change of control without Donee’s consent.
No failure or delay in enforcing any term, exercising any option, or requiring performance shall be binding or construed as a waiver unless agreed to in writing by a duly authorized representative of each Party.
If any provision of this Agreement is held to be unenforceable, the other provisions shall remain in full force and effect.
Neither Party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its reasonable control (Force Majeure). Any delay in performance due to Force Majeure will be excused for the duration of the event of Force Majeure and the obligations of the Parties will resume immediately upon written notice from the non-performing Party that it is again able to perform.
everydayhero performs its obligations under this Agreement as an independent contractor, not as an employee of Donee. Nothing in this Agreement is intended to construe the existence of a partnership, joint venture, or agency relationship between Donee and everydayhero.
Except for disclosures required by law, each Party agrees not to issue a press release or public statement relating to this Agreement or its terms or use the other Party’s name, logo, or other identifying information unless in each case the other Party has provided written consent, which shall not be unreasonably withheld. Any such disclosures or uses of name, logos, and identifying information shall be in good taste, shall not be disparaging and shall uphold the professional standards and goodwill associated with the other Party.
The Online Services (i) contain trade secret and proprietary information owned by everydayhero or its third party licensors and (ii) are protected by Australian, New Zealand, and international copyright laws and trade provisions. Donee agrees that all right, title, and interest in and to the Online Services remains with everydayhero and its third party licensors.
everydayhero uses commercially reasonable efforts to maintain database security for online financial transactions and Donee Confidential Information. everydayhero also employs industry standard network security techniques including firewalls, virus and intrusion detection, and authentication protocols. The portions of the Online Services related to donation processing shall be maintained in compliance with the Payment Card Industry Data Security Standard (PCIDSS). Donee understands that Online Services include sending email and publishing web-pages over the internet using SMTP or HTTP protocols, and that these standard protocols do not support many enhanced data security protections. In no case will the use of the internet in this manner be deemed to violate everydayhero’s obligations under this Agreement. everydayhero reserves the right, in its sole discretion, to change or modify its data security program at any time, but at all times will maintain commercially reasonable database security. Donee shall take commercially reasonable security precautions to prevent unauthorized or fraudulent use of the Online Services by Donee, Donee’s employees, agents or any other third parties.
EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 6 AND DONEE’S PAYMENT OBLIGATIONS, EACH PARTY’S MAXIMUM LIABILITY TO THE OTHER PARTY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID OR PAYABLE BY DONEE FOR THE ONLINE SERVICES FROM WHICH THE CLAIM AROSE DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
Donee Ownership and License. Subject to the rights of everydayhero set forth below, Donee has all right, title, and interest in and to all Donee Confidential Information and all Donee-provided artwork, logos, trade names, and trademarks (Donee Content). Donee has sole responsibility for the accuracy and quality of, and right to use, Donee Confidential Information and Donee Content. Donee grants to everydayhero and its suppliers a non exclusive, fully paid-up license to use, reproduce, store, modify, and publicly display Donee Confidential Information and Donee Content, solely to the extent necessary for everydayhero and its agents to perform their obligations under this Agreement.
everydayhero Ownership and License. Subject to the rights of Donee set forth above, everydayhero has all right, title, and interest in and to any expressions and results of Online Services, the work, findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, tools, applications, interfaces, enhancements, other technical information, and all derivatives of the foregoing created in connection with this Agreement (Work Product). everydayhero grants to Donee a nonexclusive, fully paid-up license to use Work Product, solely to the extent necessary for Donee and its end users to use Online Services in accordance with this Agreement. If Donee provides any feedback, comments, suggestions, ideas, requests, or recommendations for modifications or improvements to everydayhero (Feedback), Donee hereby assigns all right, title, and interest in any such Feedback to everydayhero to be used for any purpose. All rights not expressly granted to Donee hereunder are reserved by everydayhero.
Results. Donee agrees that everydayhero may (a) aggregate benchmarking results of Donee’s use of Online Services with results of other customers’ use (collectively, Results), and (b) use and disclose the Results for any purpose provided that the Results do not individually identify Donee, Donee’s Confidential Information, or Donee’s use of Online Services.
In the interpretation of this Agreement, unless the context or subject matter otherwise require:
singular includes plural and vice versa;
any gender includes every gender;
a reference to a person includes corporations, trusts, associations, partnerships, a government authority, and other legal entities, and where necessary, include successor bodies;
references to writing include printing, typing, facsimile and other means of representing or reproducing words, figures, drawings or symbols in a visible and tangible form, in English;
references to signature and signing include due execution of a document by a corporation or other relevant entity;
references to months mean calendar months;
references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders-in-council, rules, by-laws and ordinances made under those statutes;
references to sections of statutes or terms defined in statutes refer to corresponding sections or defined terms in amended, consolidated or replacement statutes;
headings and the table of contents are used for convenience only and are to be disregarded in the interpretation of this Agreement;
where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has a corresponding meaning;
each paragraph or sub-paragraph in a list is to be read independently from the others in the list;
a reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and
a reference to a Party includes that Party's executors, administrators, substitutes, successors and permitted assigns.