Terms of Service
Summary
By using the Blackbaud Online Express service (“Service”), you acknowledge that you have read and agree to the following Terms of Service (the “Terms”) and that the Terms, along with the Blackbaud Solutions Agreement in place between your organization and Blackbaud, shall govern the Service. Nothing in these Terms creates or confers any rights on third-party beneficiaries. If you do not agree to any of the terms and conditions, you may not use the Service.
Appropriate Conduct and Content
We make the Service available for noncommercial use and for registered 501(c)(3) and not-for-profit organizations. No one may use the Service for any commercial purpose without our prior written consent. You may not use the Service for any illegal or unauthorized purpose.
While using the Service, you must comply with all applicable laws, statutes, ordinances, and regulations, and the Blackbaud Acceptable Use Policy available at https://www.blackbaud.com/acceptable-use-policy.aspx. You are solely responsible for your conduct and any data, text, information, or other content (“Materials”) that you submit, post, or display using the Service. We may remove or edit, with or without notice to you, any Materials that we deem to be unlawful, obscene, fraudulent, threatening, libelous, defamatory, infringing proprietary rights or otherwise in violation of these Terms. Our failure to block or remove any Materials, however, is not a warranty, endorsement, representation, or guarantee regarding such Materials.
Where Blackbaud Merchant Services is available for Blackbaud Online Express, you may not use the Service in such a manner that circumvents your use of Blackbaud Merchant Services for transaction processing. We consider such a circumvention to be an interference with Blackbaud services in violation of the Blackbaud Acceptable Use Policy.
Changes to the Service
We may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature or content. We may also impose limits on certain features and services or restrict your access to parts or all of the service without notice or liability. We also reserve the right to modify these Terms with concurrent notice on the service. You are responsible for regularly reviewing these Terms of Service. Your continued use of the Service following any changes to these Terms is your agreement to the changes, and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Service.
Authority
By accepting these Terms, you hereby represent and warrant that you have the right and power to accept these Terms on behalf of your organization.
Subscription Renewals
Unless cancelled in accordance with this section, your Online Express Subscription shall renew for consecutive three (3) year terms following the initial term. Renewal fees for Online Express are subject to an adjustment, such adjustment to be included in the renewal notice. You may cancel your Online Express Subscription by providing written notice to Blackbaud at least forty-five (45) days prior to the start of the renewal term. No credit or refunds will be given for partial Subscription periods. Cancellations will become effective as of the final day of the then-current term. Reinstatement of a lapsed Subscription requires full payment of fees that would have been due from the expiration of the last active term through the reinstatement date.
Additional Terms for Blackbaud Online Express Donation Form Service
By using the Blackbaud Online Express Donation Form service (“Donation Form Service”), you acknowledge that you have read and agree to these additional terms (Additional Terms”), and that the Additional Terms, along with the Terms and the MSSA, govern the Donation Form Service. If you do not agree to any of the terms and conditions, you may not use the Donation Form Service.
Fees and Payment Terms
The Donation Form Service is based on an initial contract term commitment of 36 months. The Donation Form Service usage fees are comprised of the fees disclosed at sign-up and the Blackbaud Merchant Services processing fees.
The bank account identified during sign-up for the Donation Form Service will be automatically debited for any fees due. If we are unable to process your payment via your account we will attempt to contact you and may suspend usage of your account until your payment can be processed.
As a duly authorized check signer on the financial institution account identified during sign-up for the Donation Form Service, I hereby authorize Blackbaud to initiate debit entries and/or credits to the account for payments due or when applicable, apply electronic funds transfer credits to the same. This authorization is to remain in full effect until Blackbaud has received written notification of its termination in such time and in such manner as to afford Blackbaud and the financial institution listed below a reasonable opportunity to act on it.
Please contact Blackbaud with any account changes in writing at least ten (10) business days before the scheduled date of transfer. Failure to do so may result in late payment penalties for debits returned as insufficient funds, account closed or authorization revoked.
For accounting purposes, all electronic debits will be reflected in the monthly bank statement that corresponds with the financial institution account identified during sign-up for the Donation Form Service.
Please note: Blackbaud will debit all service fees on auto-pay terms to the above referenced account as this account will replace any account you may currently have on file. However, this change will not impact the account you have on file for Blackbaud Merchant Services. Please login to the Blackbaud Merchant Services portal to affect any changes to those bank accounts.
Additional Terms for Blackbaud Online Express Email Marketing Service
By using the Blackbaud Online Express Email Marketing service (“Email Marketing Service”), you acknowledge that you have read and agree to these additional terms (Additional Terms”), and that the Additional Terms, along with the Terms and the MSSA, govern the Email Marketing Service.. If you do not agree to any of the terms and conditions, you may not use the Email Marketing Service.
Email Requirements
You may only use permission-based email lists, which are defined as lists in which the individual or entity on the list has explicitly granted their permission to receive emails. You agree not to use purchased email lists, rented email lists, or any third party lists. You agree that each email sent must contain both an "unsubscribe" and "privacy policy" link that cannot be removed or altered in any way. You agree to process all unsubscribe requests within five (5) days of request by your email recipients. You agree not to use any unsubscribe processes external to the system. You are solely responsible for ensuring that your email messages do not generate spam complaints in excess of industry norms. Blackbaud, in its sole discretion, shall determine whether the level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under these Additional Terms. Blackbaud may terminate your use of the Email Marketing Service if we determine that the level of spam complaints is higher than industry norms.
Fees and Payment Terms
The Email Marketing Service is based on an initial contract term commitment of 36 months. The Email Marketing Service usage fees are a flat fee based upon the total number of usable email addresses contained in your Online Express account and the corresponding pricing tier into which such total falls. A usable email address shall be deemed to be one (1) unique subscriber or email address added to an email list. Email addresses that are sent to and result in a hard bounce or opt-out are not counted in the usable email address total.
As a duly authorized check signer on the financial institution account identified during sign-up for the Email Marketing Service, I hereby authorize Blackbaud to initiate debit entries and/or credits to the account for payments due or when applicable, apply electronic funds transfer credits to the same. This authorization is to remain in full effect until Blackbaud has received written notification of its termination in such time and in such manner as to afford Blackbaud and the financial institution listed below a reasonable opportunity to act on it.
Please contact Blackbaud with any account changes in writing at least ten (10) business days before the scheduled date of transfer. Failure to do so may result in late payment penalties for debits returned as insufficient funds, account closed or authorization revoked.
For accounting purposes, all electronic debits will be reflected in the monthly bank statement that corresponds with the financial institution account identified during sign-up for the Email Marketing Service.
Please note: Blackbaud will debit all service fees on auto-pay terms to the above referenced account as this account will replace any account you may currently have on file. However, this change will not impact the account you have on file for Blackbaud Merchant Services. Please login to the Blackbaud Merchant Services portal to affect any changes to those bank accounts.
The bank account identified during sign-up for the Email Marketing Service will be automatically debited for any fees due. If we are unable to process your payment via your account we will attempt to contact you and may suspend usage of your account until your payment can be processed.
If you exceed the usable email address limit in your corresponding pricing tier, you will be automatically moved to the next higher pricing tier. Removing usable email addresses or otherwise trying to manipulate data in an attempt to circumvent the pricing tiers or other billing procedures is prohibited.
For any month for which you have already paid fees and during which you increase your number of unique email addresses causing you to go to another pricing tier, you will be required to pay at the higher tier on the payment date for the following month. If the term ends before such payment is due, you will still be required to make one payment at the higher level.
You will be subject to overage fees determined by Blackbaud if you send total emails in any one year that is greater than the allowed maximum annual email message recipients in your pricing tier.
For any month for which you have already paid and during which you exceed the allowed maximum annual email recipients, you will be required to pay the overage fees on the payment date for the following month for overages accrued up until that time. If the term ends before such payment is due, you will still be required to make one payment for the overage fees.
Additional Terms for Blackbaud Online Express Event Form Service
By using the Blackbaud Online Express Event Form service (“Event Form Service”), you acknowledge that you have read and agree to these additional terms (Additional Terms”), and that the Additional Terms, along with the Terms and the MSSA, govern the Event Form Service. If you do not agree to any of the terms and conditions, you may not use the Event Form Service.
Fees and Payment Terms
The Event Form Service is based on an initial contract term commitment of 36 months. The Event Form Service usage fees are comprised of the fees disclosed at sign-up and the Blackbaud Merchant Services processing fees.
Additional Terms for Blackbaud Online Express Membership Form Service
By using the Blackbaud Online Express Membership Form service (“Membership Form Service”), you acknowledge that you have read and agree to these additional terms (Additional Terms”), and that the Additional Terms, along with the Terms and the MSSA, govern the Membership Form Service. If you do not agree to any of the terms and conditions, you may not use the Membership Form Service.
Fees and Payment Terms
The Membership Form Service is based on an initial contract term commitment of 36 months. The Membership Form Service usage fees are comprised of the fees disclosed at sign-up and the Blackbaud Merchant Services processing fees.
Additional Terms for Blackbaud Online Express Bill Pay Service
By using the Blackbaud Online Express Bill Pay service (“Bill Pay Service”), you acknowledge that you have read and agree to these additional terms (Additional Terms”), and that the Additional Terms, along with the Terms and the MSSA, govern the Bill Pay Service. If you do not agree to any of the terms and conditions, you may not use the Bill Pay Service.
Fees and Payment Terms
The Bill Pay Service usage fees are the Blackbaud Merchant Services processing fees.
Additional Terms for Blackbaud Online Express Direct Debit Bank Account Validation Service (UK Customers Only)
By accepting Direct Debit transactions as a UK customer using Blackbaud Online Express, which makes use of the Blackbaud Online Express Direct Debit Bank Account Validation Service ("Bank Account Validation Service"), you acknowledge that you have read and agree to these additional terms ("Additional Terms”), and that the Additional Terms, along with the Terms and the MSSA, govern the Bank Account Validation Service. If you do not agree to any of the terms and conditions, you may not use Blackbaud Online Express to accept Direct Debit transactions.
Fees and Payment Terms
The Bank Account Validation Service is not based on a contract term. The Bank Account Validation Service usage fees are comprised of the fees disclosed on the Donation, Event and Membership form editor screens in the Blackbaud Online Express application. For any month in which you accept Direct Debit transactions using Blackbaud Online Express, you will be billed in the following month for all Bank Account Validation Service fees incurred during the previous month.