RaiseMN is a program of GiveMN, a Minnesota non-profit corporation, provided in an effort to promote the GiveMN mission. Engagement with RaiseMN is subject to these Terms of Engagement (“Terms”). By engaging with the RaiseMN program, you agree to these Terms and that you have read, understand, and agree to be legally bound by these Terms.
GiveMN will provide all of the services listed in the Scope of Work document.
You acknowledge that the engagement shall solely include management and program consultation and that GiveMN shall not act as a “professional fundraiser” (e.g. GiveMN will not solicit donors on your behalf). You further acknowledge that outcomes of the strategies GiveMN recommends may vary and GiveMN shall have no responsibility for and does not make any guarantees related to the results of such consultation.
GiveMN shall not disclose any information provided to us in connection with the engagement to any third party without your consent and shall abide by all applicable data privacy laws and requirements.
GiveMN shall retain ownership of all materials and presentations created in connection with the engagement and you shall not use or distribute such materials to any third party for any reason.
You agree that GiveMN may use any photos or videos taken during the engagement for any and all commercial purposes and you fully release any interest in such photos or videos.
GiveMN agrees to use our best efforts to fulfill and exceed your expectation on the deliverables included in the Scope of Work. You agree to aid us in doing so by making available to us needed information pertaining to your organization and to cooperate with us in expediting the work.
Charges and Payment for Services Performed
Requests above and beyond our established Scope of Work will be considered out-of-scope and an amendment to the budget or separate quotation will be recommended for such items.
You agree to make payments for services in a timely manner according to the billing and payment schedule included in the Scope of Work.
In the event payment is not received within 30 days of an invoice, GiveMN may charge a late payment fee of 2% per month on any overdue and unpaid balance. In addition, GiveMN reserves the right to stop work until payment is received. In the event that GiveMN incurs legal fees, costs, and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
These Terms shall become effective as of the execution date of a Scope of Work and shall continue until the engagement is completed, at which time the parties shall meet to determine the terms for any renewal thereof.
Either party to these Terms may terminate the engagement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period of time, unless the defaulting party commences cure within said period of time and diligently proceeds to cure the default.
In addition, either party may immediately terminate this engagement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the client organization, if the organization materially breaches its obligations to make payment pursuant to these terms.
Term and Termination
This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota.
The parties each individually represent and warrant that each has full power and authority to enter into these Terms and to perform all of their obligations herein without violating the legal or equitable rights of any third party.
GiveMN shall assume no liability for claims made by third parties for damages related to the engagement unless such damages are caused by the intentional acts or gross negligence of GiveMN.
Except as otherwise set forth or referred to in these Terms, these Terms constitute the sole and entire Terms and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements, and understandings of every kind and nature between them as to such subject matter.
If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, these Terms will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of t these Terms, and the remaining provisions of these Terms will remain in full force and effect.