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Goodstack Employee Engagement Solution Additional Terms

Effective date: November 15, 2024

Capitalized terms used herein shall have the meaning ascribed to them in the Standard Terms, unless otherwise stated.

  1. General

    1. If the Client has purchased the Employee Engagement Solution from Goodstack, the terms and conditions of these Employee Engagement Solution Additional Terms shall also apply and form part of the Agreement between Goodstack and the Client.

    2. The Client may use the Employee Engagement Solution to:

      1. Make payments of Donations on its own behalf (each, a “Matching Donation”) that match (in accordance with parameters set by the Client) Donations made by Client’s employees (each, a “Client Employee”) to the Foundation;

      2. Track the number and volume of Donations which Client and Client Employees make to the Foundation and which the Foundation makes to Charities through the Platform.

    3. Each Client Employee that has agreed to Goodstack's Employee Donation Additional Terms may use Goodstack's platform for Client Employee Donations (the “Employee Engagement Platform”) to make payments of Donations to the Foundation.

    4. The Client acknowledges and agrees that in providing the Employee Engagement Solution Goodstack is not providing the Client with any fundraising advice or recommendations.

  2. Donations Process

    1. The Client will:

      1. inform Goodstack of the Charities for which Client wishes to make Matching Donations (each, a “Match Eligible Charity”);

      2. provide Goodstack with any specific information which it or the Foundation needs from the Client to comply with tax or charity laws in connection with Matching Donations;

      3. inform Goodstack of any monetary limits or other parameters for its Matching Donations (the “Matching Parameters”);

      4. with respect to each Donation to the Foundation that is made by a Client Employee and intended for a Match Eligible Charity, make a Matching Donation to the Foundation in accordance with the Matching Parameters that is intended for the same Match Eligible Charity; 

      5. inform Goodstack if the Client experiences any issues with the Platform that may prevent the Client from carrying out its obligations under this paragraph 2 and provide Goodstack with reasonable assistance to remedy such issues.

    2. Goodstack will:

      1. make payment details for the payment of the Matching Donations that Client makes to the Foundation available to the Client;

      2. once the Foundation has received payment of the Matching Donations in cleared funds, Goodstack will use its reasonable endeavors to procure that the Foundation takes into consideration the recommendations about the intended Charity to which the Matching Donation(s) should be made by the Foundation and in what amounts;

      3. facilitate the provision to the Client of a tax receipt from the Foundation in respect of any Matching Donation within 14 days of the Foundation receiving the payment in cleared funds;

      4. invoice Client from time to time as needed to obtain payments for Matching Donations.

  3. Currency Conversion

    1. Client acknowledges that, subject to the Matching Parameters, the Matching Donation will be of an equivalent value to the Client Employee’s Donation, even if the Client and Client Employee make Donations in different currencies. If the Client Employee makes a Donation in a currency that is different than the Client’s preferred currency, then Goodstack will determine the amount of the Matching Donation based on the exchange rate (between the Client Employee’s currency and the Client’s currency) applicable at the time of the Client Employee’s Donation, as determined by Goodstack.

  4. Right to Deduct Fees from Donations

    1. Without prejudice to paragraph 8 of the Standard Terms, the Foundation may, prior to the Foundation making an onward payment to a Charity, deduct from the Matching Donation and remit to Goodstack any fees owed by the Client to Goodstack in relation to the Client’s use of the Services.

  5. Service Limitations

    1. The Client acknowledges and accepts that:

      1. Once a Matching Donation is paid to the Foundation it is non-refundable.

      2. The Foundation retains exclusive control over all Donations made to it, and Donations will be delivered as per the Foundation’s Donation Delivery Policy. The Foundation will use reasonable efforts to make Donations to the Charities in accordance with the Client’s recommendation.  If the intended Charity beneficiary is not willing or able to accept the Donation or it fails to satisfactorily complete the Foundation’s due diligence, the Foundation will apply its Undeliverable Donation Policy.

      3. Goodstack will use reasonable efforts to secure the Foundation’s compliance with the terms of its contract with Goodstack, which includes obligations related to the treatment of Donations. Apart from as described in the previous sentence, to the maximum extent permitted by applicable law, Goodstack is not responsible for the actions or inactions of the Foundation.

  6. The Client shall defend, indemnify and hold harmless Goodstack against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising from or in relation to the Client’s failure to comply with these Employee Engagement Solution Additional Terms.