Organization & Campaigner Agreement
Welcome to Tormim Net ("we," "us"). Tormim net is an American Corporation based in California USA. Its EIN with the IRS is: 81-0851782. We are partners with Amuta Tech, an Israeli charity registered at the Israeli Registrar of Charities and its ID number is: 5800000000. This Organization Agreement ("Agreement") explains our commitments to you and our requirements of you and your organization ("you" or "your organization"). To enter this agreement must be either:
- Nonprofit Organization (NPO) or
- Sports Organization (SO) or
- Individual Campaigner (IC)
Please read this Agreement, including all linked information, carefully. By checking the box to accept this agreement when you register with us through tormim.org website, you acknowledge that you have read, understood, and agree to be bound by it.
We take your trust very seriously. If you have questions about this agreement, please contact us at firstname.lastname@example.org.
1. Our Relationship with You
- Tormim Org gives fund raising tools to nonprofit organizations ("NPOs") and Sports Organizations (SOs), and Individual Campaigners (ICs) primarily through our website http://tormim.net. We do this by registering NPOs, SOs, and ICs as "Participating Nonprofits", "Participating Sports Organizations", and “Participating Individual Campaigners” respectively, and providing information about them to our website users and donors. Information and registering tools for NPOs, SOs, and ICs are available at tormim.org website.
Donations made by donors who are our website users are transferred to Amuta Tech bank account.
Pursuant to our distribution policies, Amuta Tech
distribute those donations to the Participating NPOs, SOs, and ICs selected by the donor (their "Charitable
Beneficiary") provided that the recipient organization meets Our Standards.
We work with American Friends of Israel (AFI) in the USA which is a tax-exempt organization as described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). US donors can make their donations to your NPOs through AFI, and AFI will issue receipts to donors for each donation they make. Donors making donations to organizations that are not nonprofit will not receive tax receipts. American donors who donated to NPOs may deduct their donations to the full extent allowed by law.
Israeli donors will get tax receipts by your organization only if your organization has section 46 approval and you are is using our receipt service. Donors from the rest of the world will get tax receipts from AFI.
All organizations that wish to go through AFI must download, read and sign the agreement with AFI that can be found here.
- We provide online Fundraising Opportunities for Participating NPOs, SOs, and ICs ICs through our website www.tormim.net and through Facebook page tabs.
2. Your Eligibility to Register & Have an Account
- You are eligible to register through our website as a Participating NPO, SO, or IC and you will get an organization account. We will approve you only if we consider your organization a good candidate. We do not approve all applicants. We reserve the right to disqualify organizations we deem inappropriate for our website.
- Your account at tormim.org website will publish your organization profile information free of charge on our website. You will also get free donation pages which will allow you to receive donations.
- Your account at tormim.org website will publish up to 2 organization projects information free of charge.
- Your account at tormim.org website will allow you to create campaign pages free of charge. Special donation pages, Membership pages, event pages, & surveys incur fees. In such case a clear explanation of the fees will be given to you.
- Your account at tormim.org website will allow you to view donations made to your organization through the website. You will be able to download list of donations & donor from tormim.org website. You will be able to view statistics about your donors and donation in tormim.org website.
- Your account at tormim.org website will allow you to communicate with your donors email. The email will be sent to the email address that the donors gave us when they registered or made a donation. Tormim Net cannot be held responsible if donors do not reply, or email never reaches them for any reason.
- If you to submit credit card information or Horaat Keva at our website, Tormim Net and Tormim Org will save that information for future processing of charges you may incur. This account will also allow you to delete credit card information from our system's database. Deletion of the credit card information implies that we will not keep any further record of the credit card information except the last 6 digits of the credit card. Deletion of Horaat Keva implies that we delete form our database bank account information but keep bank name and branch number.
- NPOs & SOs will receive donations made to their organization through Tormim Net website, within 30 business days of the day the donation to your organization was made and in accordance with our donation distribution schedule. ICs will receive the donations 5 business days after their campaign ends. All money will be electronically transferred to your bank account or by check mailed to your address.
3. Your Obligations
- You hereby grant Tormim Net a non-exclusive license to use your Name, Logo, About, History, Teaser, Project, Updates & any and all Twitter & Facebook Statements we publish on your behalf during the term of this Agreement to identify your organization. We will use your Name, Logo and About, History, Teaser, Project Statements, Twitter statuses and Facebook statuses when appropriate on the Tormim Net website, and other websites to identify you as the Charitable Beneficiary of donation activities. We acknowledge that you retain ownership of your trademarks, trade names and service marks and any associated goodwill.
- Participating NPOs, SOs, and ICs bear sole responsibility for complying with all laws, rules and regulations applicable to your activities under this Agreement. You understand that you may have obligations to register under any state laws regarding charitable solicitations, and that we have no obligation to assist with any such registration. Nor shall we have any liability for your failure to register properly. You agree to bear all costs associated with your compliance with such requirements. You agree that, for purposes of state charitable solicitation laws or regulations, nothing in this Agreement is intended to cause Tormim Net or Amuta Tech in any way to act as a professional fundraiser or fundraising counsel on your behalf.
- Participating NPOs must meet our standards for NPOs that are appropriate in our community. We reserve the right to deny or revoke Participating Nonprofit status to any NPO that fails, in Tormim Net sole opinion, to meet these standards.
- Participating Sports Organization must meet our standards for SOs that are appropriate in our community. We reserve the right to deny or revoke participating SOs to any SO that fails, in Tormim Net sole opinion, to meet these standards.
- Participating Individual Campaigners must meet our standards for ICs that are appropriate in our community. We reserve the right to deny or revoke Participating ICs to any IC that fails, in Tormim Net sole opinion, to meet these standards.
- You agree to not misrepresent your organization through your organization profile at Tormim Net website in any way. You will be responsible for all law suits that may be brought against us due to your misrepresentation.
4. Receiving Donations
- We post information about Participating NPOs, SOs, and ICs including your name, logo, profile, teaser, campaigns, event pages, membership pages, custom pages, project, updates & any and all Twitter & Facebook statements we make on your behalf. We make this information available on Tormim Net website, and through other means. We permit Donors and Users, and other Users to access that information through our Fundraising Opportunities for purposes of making, representing and soliciting donations.
- You acknowledge that we make no promise that you will receive any donations at all.
- Any donations distributed under this Agreement will be made by electronic funds transfer to the bank account or by check mailed to you. You agree to take any actions necessary to authorize us to make such transfers to you.
- Donors make their donations to Amuta Tech and not to Participating NPOs, SOs, & ICS. Amuta Tech makes charitable distributions to Charitable Beneficiaries that are qualifying Participating NPOs, SOs, & ICs. As a result, all donations your organization receives pursuant to this Agreement, if any, are actually donations made to you by Amuta Tech. Amuta Tech retains exclusive legal control over all donations received from Donors.
- Any distribution Amuta Tech may make to you is subject to our obligations to Donors, and our policies regarding timing of delivery and fees to NPOs, SOs, ICs.
Amuta Tech reserve the right not to distribute a donation to you (even if you are the Charitable Beneficiary for that
- Amuta Tech was unable to deliver it (e.g., if the bank account and/or contact information in your Organization or Individual Profile is invalid).
- at any time you are in breach of this Agreement
- you cease to be an NPO, SO, or IC in good standing
- doing so would cause us to be out of compliance with applicable laws, or
- doing so would bring us or Amuta Tech into disrepute.
For any donation you receive from Amuta Tech, you will promptly return the full amount to us, if,
when you received it:
- you had an NPO status with us and you have ceased to be a Public Charity
- you had an SO status with us and you have ceased to be a Public Organization
- this Agreement has terminated
- you are not a Participating NPO, SO, or IC in good standing
- Donation cancellation can be made by the donors at any time and up to a year from the date it was made and with compliance with our Refund Policies. If the cancellation was made within 30 business days of making the donation, Amuta Tech will issue full refund to the donor. Such donations will be removed from the list of donations made to your organization in our website and you will not receive the donation money. NPOs and SOs are responsible for issuing refunds for the amount they received from Amuta Tech to the donor upon his/her written request for cancellation or email sent from Tormim Net website. Failure to comply with this agreement may result in removing your organization from our list participating NPOs and SOs. Your organization may be also subject to a law suit to retrieve cancelled donation money and all incurred costs of bringing the law suit.
5. License and Access to tormim.org Website
- As long as you are a Participating NPO, SO, or IC, you may access the Organization portion of our, solely for the purposes contemplated by this Agreement. We grant you a non-exclusive, non-transferable, non-sub-licensable license during the term of this Agreement, subject to the terms and conditions herein, to download, install and display the software, scripts and other content (e.g., graphics) that we have specifically identified as available for download.
- Certain limitations and restrictions apply to the licenses and rights granted to you in this Agreement. You understand and agree that these licenses and rights may be exercised only by your employees and agents (including volunteers) acting on your behalf, that you are responsible for their conduct in using the tormim.org Website, and that these licenses and rights may not be assigned to any other person or entity or used on another's behalf.
- You acknowledge that Tormim Net owns the tormim.org Website (including the Organization Area) and all associated intellectual property rights. Furthermore you acknowledge that we own Tormim Net website (including the Organization Area) and all associated intellectual property rights. All rights that are not expressly granted to you by this Agreement are expressly reserved by us and Amuta Tech.
- You understand that no license or other rights are granted by this Agreement to access or to use tormim.org Website or Tormim Net website. Your use of tormim.org website remains subject to the terms and conditions of any agreement between you and Tormim Net.
6. Donation Deductions and Fees
We do not charge you a fee for becoming a Participating NPO, SO, or IC, for using the Organization Area, or for appearing as a Charitable Beneficiary in any Fundraising Opportunity.
You may have a status as a Tax-Deductible Organization but you will pay Sales Tax on fees and charges in the state of California.
8. Warranties and Disclaimers
You represent and warrant to us that:
- you will utilize donations received from Tormim Net in accordance with the status you receive from us for the purposes stated in all information you submitted to us
- you will at all times use our Website in compliance with all applicable laws, rules and regulations, including any requirements governing solicitation of charitable donations
- all information provided by you in your Organization Profile is true and accurate at all times
- you have the right to provide all information provided by you in your Organization Profile or otherwise, the right to authorize us to use this information as contemplated herein, and the right to enter into this Agreement on behalf of your organization
- you have the right to grant the licenses to Amuta Tech and Tormim Net hereunder; and our use, as contemplated by this Agreement, of materials or rights licensed hereunder, will not infringe the intellectual property rights or similar rights of any third party
- you will not disparage Amuta Tech, Tormim Net, any Participating NPOs, SOs, ICs or any partner or sponsor of Amuta Tech or Tormim Net identified within the tormim.org & Tormim Net Websites; and
- You agree to indemnify, hold harmless, and, at our option, defend Amuta Tech, Tormim Net and its officers, directors, employees, licensees, agents and vendors from and against all claims, costs, losses, damages, expenses (including attorneys' fees and court costs) and liabilities arising from your breach or alleged breach of any obligation, covenant, representation or warranty under this Agreement. If Tormim Net or Amuta Tech requires you to provide defense of any matter for which indemnity is or may be due hereunder, Tormim Net and Amuta Tech may participate in such defense by counsel of its choice at its own expense. You will not settle any claim for which indemnity is due hereunder unless such settlement completely and forever releases Amuta Tech & Tormim Net and the other indemnified parties with respect to such claim, or unless Amuta Tech & Tormim Net provide their prior written consent.
- WE MAKE AVAILABLE THE TORMIM ORG AND TORMIM NET WEBSITES, THE ORGANIZATION AREA AND ORGANIZATION PROFILE FOR THE PURPOSES OF HELPING YOU. YOU ACKNOWLEDGE THAT THE TORMIM ORG AND TORMIM NET WEBSITES, THE ORGANIZATION AREA AND ORGANIZATION PROFILE, AND OUR PERFORMANCE HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS, AND WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, DATA ACCURACY OR SYSTEM INTEGRATION. NO WARRANTY IS MADE BY US ON THE BASIS OF TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE, EFFICIENCY OR AVAILABILITY (INCLUDING "UPTIME") OF THE TORMIM ORG WEBSITE OR THE ORGANIZATION AREA AND ORGANIZATION PROFILE. NO REPRESENTATION OR WARRANTY IS MADE THAT OPERATION OF THE TORMIM ORG AND TORMIM NET WEBSITES (INCLUDING THE ORGANIZATION AREA AND ORGANIZATION PROFILE) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE TORMIM ORG AND TORMIM NET WEBSITES (INCLUDING THE ORGANIZATION AREA, AND ORGANIZATION PROFILE) WILL OPERATE AS EXPECTED OR WILL MEET YOUR PARTICULAR NEEDS OR PURPOSES. YOU ACKNOWLEDGE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LEGAL REQUIREMENTS TO WHICH YOUR ORGANIZATION MAY BE SUBJECT, SUCH AS, BY WAY OF EXAMPLE, ANY REGISTRATION REQUIREMENTS RELATED TO CHARITABLE SOLICITATIONS; NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE APPLICABILITY OF TAX LAWS TO YOUR ORGANIZATION OR TO ANY DONOR, SUCH AS, BY WAY OF EXAMPLE, ANY DONOR ABILITY TO OBTAIN TAX DEDUCTIONS OR OTHER TAX BENEFITS IN CONNECTION WITH DONATIONS MADE THROUGH TORMIM ORG. YOU ACKNOWLEDGE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU THAT YOU WILL RECEIVE ANY MINIMUM AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL UNDER THIS AGREEMENT.
- IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED 10 NIS. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. IF YOU HAVE AUTHORIZED ANY THIRD PARTY TO ENTER THIS AGREEMENT ON YOUR BEHALF (e.g., AN ASSOCIATION OF NONPROFIT ORGANIZATIONS OR AGENT), OR TO PERFORM ON YOUR BEHALF (e.g., TO RECEIVE AND PROCESS ANY DONATIONS MADE TO YOU), YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR THE ACTS AND OMISSIONS OF THAT THIRD PARTY, AND WE HAVE NO RESPONSIBILITY UNDER THIS AGREEMENT OR ANY LIABILITY TO YOU ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THAT THIRD PARTY'S ACTS OR OMISSIONS. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH FORM AN ESSENTIAL BASIS OF THE ARRANGEMENT BETWEEN YOU AND US, AND ABSENT THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY SET FORTH ABOVE, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
9. Term and Termination
- This Agreement becomes effective when you have accepted our Terms by following the instructions on the tormim.org Website. Once in effect this Agreement will continue until terminated by either of us.
- You may terminate this Agreement (and cancel your status as a Participating NPO, SO, or IC) at any time and for any reason by providing written notice to us.
- If you breach this Agreement at any time, you are not considered to be "in good standing." We may suspend your access to the tormim.org Website and/or the Organization Area in order to require you to remedy a breach. We may terminate this Agreement at any time and for any reason by providing notice to you in accordance with this Agreement.
- After termination of this Agreement, we will exercise reasonable efforts to promptly remove your profile page, teaser, & project Statement, campaign pages, event pages, membership pages, surveys, and logo(s) from the tormim.org and Tormim Net Websites, as well as any reference to you as a current Participating NPO, SO, or IC. Upon such removal, the licenses you have granted to us in such materials will expire. We cannot revoke any statuses we published on your behalf on Facebook and Twitter, Donations and Volunteers tabs we may have created for you in Facebook. It is your responsibility to remove them if you wish.
- You understand that we have no obligation to transfer any donations to you (even those where you have been specified as the Charitable Beneficiary), or otherwise to provide any services or perform other obligations under this Agreement, after the termination of this Agreement for any reason.
- Any obligations you have incurred before termination will survive as obligations even after termination.
- The obligations of Sections 3.b, 4.f, 4.g, 5.b, 5.c, 5.d, 6.b, 6.c, 7.a, 8, 9.d, this 9.g and 10 will survive the termination of this License Agreement.
10. Miscellaneous Terms and Conditions
- You acknowledge that nothing in this Agreement creates a partnership, joint venture, or employer-employee relationship, and neither party is acting as an agent of the other party. For purposes of clarity, neither party has any authority to make any commitments on behalf of the other party or to purport to bind the other party in any manner or to any extent.
- We may give notice pursuant to this Agreement by any means of contact in your Organization Profile and will be effective when sent. If you fail to provide valid and current contact information as required, you waive your right to receive notices under this Agreement during the period of such failure. Notices may also be given by posting information within the tormim.org Website and, except as required by the following Section 10.d, will be deemed ffective when posted. Notices from you to us must be given by email or other means provided within the tormim.org Website and will be deemed given when actually received by us.
- We may amend this Agreement at any time by posting amended terms on the tormim.org Website. We will send a message to the email address in your Organization Profile alerting you. Except as otherwise expressly stated in such a posting, all amended terms shall automatically be effective and legally binding upon you 14 days after having been posted on the tormim.org Website. Your continuation as a Participating NPO, SO, IC, and/or your continued access to or use of the tormim.org Website after such 14 day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement as set forth in Section 9 of this Agreement. Apart from such posting by us, this Agreement may not otherwise be amended except in a written document (i) that expressly references this Agreement and/or any affected amended terms as posted by us and (ii) that is executed by both you and us.
- Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
- You may not assign this Agreement without our prior written consent; any attempted assignment in violation of the foregoing will be null and void. We may assign this Agreement to any third party without your consent. All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and permitted assigns of you and us.
- Our failure to partially or fully exercise any right will not be considered a waiver of that right unless we so state in writing to you. The waiver of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedies made available to us by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.
- Any dispute between you and Tormim Net which cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the arbitration rules of the USA, or any comparable entity that you and we may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of our proprietary materials, information or technology may cause irreparable harm to Amuta Tech for which monetary damages would be an inadequate remedy. Accordingly, we have the right, without necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect our rights in intellectual property or confidential information.
- This Agreement shall be governed and interpreted in accordance with the laws of the USA without regard to its principles of conflict of laws. Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, shall be proper only within a mediation or arbitration process or in a tribunal of competent jurisdiction within the state of California District Court of Los Angeles.