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Software-as-a-Service Terms and Conditions

General Terms and Conditions of Business

(hereafter “GTC”) for Software-as-a-Service deliverables by RaiseNow AG. 
Zurich, August 2024 (replaces all previous versions)

 

1. Scope and subject matter of the Contract

These Terms and Conditions ("GTC") apply to the use of the IT and on- and offline fundraising software available for purchase through www.raisenow.com and to any affiliated websites, digital services, browser plugins or applications on which a link to these GTC appears, as well as to the underlying software (together the "Services") operated by the  RaiseNow entities as defined below ("RaiseNow").

If not agreed explicitly otherwise in an individual agreement, RaiseNow Services are provided by, and you’re contracting with:

  • In the European Union: Altruja GmbH, Augustenstr. 62, 80333 München, Germany
  • Outside the European Union: RaiseNow AG, Hardturmstrasse 101, 8005 Zürich, Switzerland

To access or use the Services, you ("Customer") have to agree to these GTC. The Customer agrees to these GTC by registering on RaiseNow's websites .

These GTC, together with the selected Service options and all other documents referenced by RaiseNow, form a legally binding agreement ("Agreement") between RaiseNow and the Customer.

 

2. Services

The Services enable the Customer to collect donations and payments from third parties ("Donors" and "Payers") using the interactive IT and fundraising infrastructure and to process these automatically in third-party systems. 

The Services include the operation of the technical infrastructure, the installation and maintenance of the software, the operation of a backup system as well as the measures required to maintain operational efficiency.

The Services are made available to the Customer in its current version(s). RaiseNow may update the Services to new versions at its own discretion. The Services are separated in different products ("Products") including different sets of features. The Products are described in more detail on the website of RaiseNow or in the provided documentation. RaiseNow may, at its sole discretion, add new features to the Services at any time and may change or delete such features and or the composition of the Products.

By completing the registration process for a particular Product or by entering into an individual Agreement, the Customer agrees to subscribe to the selected Service subject to these GTC ("Subscription").

The Customer may create donation receipts and send them to the Donor. The verification of accuracy and validity as well as the dispatch and storage of the automatically generated donation certificates are the responsibility of the Customer. The Customer must ensure that only donation receipts for donations that are recognized by the tax office according to the organization's exemption notice are sent.

In order to make their donations or payments, Donors and Payers may use the approved payment methods indicated in the Services. Except if otherwise expressly agreed in the relevant Individual Contract, RaiseNow is not obliged to provide support, maintenance, development or other similar services.

 

3. Responsibilities of the Customer

3.1 Registration 

In order to access and use the Services, the Customer has to open an account on RaiseNow’s website ("RaiseNow Account"). The Customer agrees to provide RaiseNow with accurate and complete registration information and to notify RaiseNow immediately in the event of any changes to such information. Accounts registered by bots or automated methods are not authorized and will be terminated.

If and as permitted by applicable law, RaiseNow may, but has no obligation to (i) ask the Customer to provide identification or other information, (ii) undertake checks designed to help verify Customer’s identity or background and (iii) screen the Customer against third-party databases or other sources and request reports from service providers.

The Customer is solely responsible for the security and proper use of any user IDs, passwords or other security devices used in connection with the Services and agrees to take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity.

Customer agrees to notify RaiseNow immediately if there is any reason to believe that a user ID, password or other security feature issued by RaiseNow is or may become known to anyone not authorized to use it, or is or may be used in an unauthorized manner. RaiseNow reserves the right to require Customer to change its password in connection with the Services and Customer must comply with such request promptly.

Customer is solely responsible for all activities in connection with accessing the Services through the RaiseNow Account or using Customer's password and for the security of Customer's computer systems. In no event shall RaiseNow be liable for any loss or damage in connection with such activities.

3.2 Obligations when using the Services 

The Customer shall: 

  • keep a valid payout account connected to their RaiseNow Account at all times. If the payment of the donations to the Customer cannot be executed for any other reason than RaiseNow's sole fault, for a period of 45 days starting from the reception of the relevant donation by RaiseNow, and provided that RaiseNow reasonably tried to reach out to the Customer via the agreed and/or usual communication method for the Customer to rectify the failing payout method, RaiseNow shall send the relevant donations back to the respective Donor.
  • inform Donors or Payers who enter into an agreement regarding recurring payments or donations through TWINT (a "TWINT user") of the nature of such agreement.
  • offer the TWINT user at all times the option to delete an existing TWINT recurring donation or payment agreement with immediate effect or to enter into such an agreement via the Services. The Customer hereby instructs RaiseNow to offer such an option to TWINT users. 
  • in the case of recurring TWINT payments or donations that are more than six months apart, inform the TWINT user to be debited at least seven days before the next payment in a suitable manner. 
  • not permit the payout or transfer of stored credit.

The Customer shall not:

  • circumvent or attempt to circumvent any security protection of the Services;
  • use the Services in immoral, unlawful or fraudulent ways or for any immoral, unlawful or fraudulent purpose or effect; 
  • access the Services via any automated system or take any action that may impose an unreasonable load on RaiseNow's infrastructure; 
  • bypass the measures that RaiseNow may use to prevent or restrict access to or use of the Services. 

The Customer agrees it will not, unless with RaiseNow's prior written permission: 

  • try to decompile or reverse engineer the Services or any part of it, or derive the source code; 
  • copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Services, or any other part of the Services; 
  • create derivative works based on the whole or any part of the Services or any content available on the Services.

The Customer shall cooperate in the performance of these GTC to the necessary extent free of charge. The Customer is obliged to provide RaiseNow with all necessary information, documents, materials, access, software, data, as well as competent staff, and anything else reasonably required for the provision of Services. Furthermore, the Customer is obliged to inform RaiseNow immediately if errors or faults occur and to support RaiseNow in the analysis and, if necessary, in the elimination of errors and faults to the extent required.  If the provision of Services under these GTC is delayed due to the Customer's failure to comply with his duty to cooperate or due to other circumstances for which the Customer is responsible, the Customer shall bear the disadvantages and additional costs incurred.

The Customer authorizes RaiseNow to name the Customer as a reference and to use general information about the contractual relationship between RaiseNow and the Customer in a suitable manner for marketing and sales purposes.

RaiseNow reserves the right to prevent erroneous or abusive use of the Services. To this end, RaiseNow is entitled to take necessary measures such as warnings, setting deadlines, temporary or permanent suspension. In case of recurrence, RaiseNow has the right to terminate for just cause. Erroneous or abusive use particularly includes, but is not limited to, the use of the Services in violation of these GTC.

 

4. Intellectual Property and Licence

All Services, trademarks, trade names, logos, domain names and content, and all other RaiseNow brand features are the sole property of RaiseNow.

Unless expressly stated in the current Services description on the website or in the Agreement, the Customer may not sell, sublicence, or otherwise make the Services, including the software, available to third parties or use them on behalf of third parties without the prior written consent of RaiseNow.

RaiseNow may take all reasonable measures to prevent or terminate any unauthorized use by third parties.

The Customer retains all intellectual property rights in the information provided to RaiseNow.

Subject to Customer's compliance with these GTC and payment of all applicable fees, RaiseNow grants Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services, including the software, during the term of these GTC.


5. Fees and Payment

The provision of the Services to the Customer is subject to payment of the fees agreed with the Customer, which are non-cancellable and non-refundable.

The amount of the fees for the agreed Services is regulated separately. It usually consists of transaction fees or recurring fees. Transaction fees are either deducted directly from the payout or invoiced monthly after use. If not agreed otherwise, recurring fees are charged in advance for two-year terms. Additionally agreed Services are billed separately and invoiced after the conclusion of the contract. All invoices are due within 20 days.

If the Customer fails to fulfil their payment obligation within the payment period, they will be in default upon expiry of this period without further reminder and shall pay default interest of 5%. The Customer will be charged non-payment notice fees of CHF 50 per notice. In case the Customer does not pay the applicable fees as agreed between the Parties and after notice of non-payment, RaiseNow reserves the right to limit or suspend access to the Services. In case of a suspension, the Customer remains liable for all charges and fees incurred during the suspension period.

All fees stated are exclusive of any sales, value added or similar taxes, unless expressly stated otherwise. Any right of set-off, retention, deduction, counterclaim or withholding of payments due to RaiseNow under this Agreement is hereby expressly excluded.

RaiseNow reserves the right to adjust the fees during the term of the Agreement in proportion to changes in the Swiss Consumer Price Index (contracts in CHF), the German Consumer Price Index (contracts in EUR), or the Consumer Price Index for All Urban Consumers (CPI-U) (contracts in USD). RaiseNow will inform customers of such adjustments in writing in advance, at least 30 days before the end of a given month. All rates of change are to be rounded to one decimal place.

 

6. Warranty

The Services, together with all content, data, recommendations, information and materials contained therein, are provided "as is" and "as available" without warranty or representation of any kind. Except for the level of service expressly warranted in the Agreement, RaiseNow, its licensors and suppliers do not warrant that the operation of the Services will meet Customer's requirements or will be uninterrupted or error-free. Any further warranty is excluded.

RaiseNow may at its own discretion carry out maintenance or improvements to the Services and its infrastructure, and the Customer acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, RaiseNow will inform the Customer about potential interruptions in advance. 

The Customer agrees that the use of the Services is at their own risk.

The transactions of the donations and payments are carried out by external payment providers for which RaiseNow assumes no liability.

7. Liability

The limitations in this section do not apply to loss or damage caused by willful misconduct or gross negligence, or to the extent prohibited by applicable law, or to bodily injury or damage to physical property.

For direct damages, RaiseNow's liability is limited to the amount of fees paid for the provision of the Services in the 12 months prior to the occurrence of the harmful event. In all other cases and to the extent permitted by applicable law, RaiseNow's liability is excluded.

Customer may not assert or bring any claim or proceeding with respect to the Services or otherwise under these GTC against any auxiliary person, member, shareholder, director, officer, partner, principal or employee of RaiseNow. Claims and proceedings may only be made or brought against RaiseNow.

Neither party shall be liable for any breach of these GTC (other than payment obligations) due to circumstances beyond its control (force majeure).

Customer shall indemnify and hold RaiseNow harmless from and against any and all claims, liabilities, losses, costs, penalties and damages, including reasonable attorneys' fees, arising out of Customer's breach of Customer's obligations.


8. Duration & Termination

Either party may terminate the Agreement at any time with immediate effect if the other party is in material breach of the Agreement. This includes in particular Customer’s failure to pay on time. 

In case the customer does not enter into a Subscription (e.g. in free basic plans which RaiseNow may offer) the Agreement remains in full force and effect until its termination for convenience by either party.

In the case of a Subscription, the Agreement between the parties remains in full force and effect for the duration of the agreed Subscription period. If not otherwise agreed, the initial Subscription period is one year. Such Agreement will automatically renew for subsequent periods of the length of the initial period unless the Agreement is terminated. Either party may terminate a Subscription Agreement for convenience towards the end of each Subscription period by notifying the other party at least 30 days before the end of such Subscription period. 

Termination notices need to be provided in text form to the last communicated email address or via the Services. Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.

The Customer hereby authorises RaiseNow to bill the Subscription fees for the renewal period via the payment method on file. All Subscriptions will be renewed at the standard pricing plans and fees offered by RaiseNow at the time the Subscription term renews.

Upgrades to higher Service options are possible at any time, downgrades of Services can only be carried out at the end of the cancellation period. If the Customer chooses an upgrade during an ongoing Subscription, the surcharge must be paid proportionately in advance.

If the Customer cancels after the Subscription renewal date, he/she will not receive a refund for any amounts already charged. Cancellation will take effect at the end of the Customer's current Subscription period, subject to applicable law, and the Customer will be able to use the Services until the cancellation takes effect.

RaiseNow may suspend access to all or part of the Services or Customer's RaiseNow Account if RaiseNow reasonably determines that there is or may be illegal or unlawful activity, fraudulent use or attempted fraudulent activity by Customer. In the event of a suspension, the Customer will remain responsible for all costs and charges incurred during the suspension period.


9. Confidentiality & Data Protection

RaiseNow will take all reasonable steps to keep all Customer's confidential information strictly confidential and will not use or disclose Customer's confidential information except as directed or as necessary for the operation of the Services.

The Customer authorizes RaiseNow to use, process, and store relevant data for the performance of these GTC and to use anonymized data to improve its services or for analysis purposes.

The Customer represents and warrants that they are authorized and has given all notices required to submit the information uploaded to the website to RaiseNow.

These GTC incorporate by reference RaiseNow's Data Processing Agreement. RaiseNow will process any personal data provided by the Customer in accordance with RaiseNow's Data Processing Agreement.


10. Miscellaneous


Amendments: All changes and amendments to the Agreement require written form (email is sufficient). 

Notices: Notices under this Agreement shall be given in writing to the last notified or available address. "In writing" means, unless otherwise expressly stated, also by email.

Severability clause: If any provision of these GTC (in whole or in part) is unlawful, void or otherwise unenforceable, the remaining provisions shall remain in full force and effect mutatis mutandis.

No assignment: Neither party may assign its rights, obligations or claims under the Agreement.

Applicable law and place of jurisdiction: These GTC and the contractual relationship between RaiseNow and the Customer are subject to the law of the state at the seat of RaiseNow, with the exclusion of its conflict of law provisions and the CISG. The parties agree that the exclusive place of jurisdiction shall be the ordinary court at the seat of RaiseNow.