For Fee Structure see Section 5
Yodel Terms of Service Agreement - Community Causes
This is the document that everyone is so excited to read. Okay maybe just the lawyers, but we encourage you to read it in it's entirety...
Last update March 12th, 2016
- means a person designated by the client to liaise with Copper Hut.
- "Administrative Functionality"
- means functionality used to manage your Yodel system.
- means a party who may participate in a community cause fundraising challenge.
- means an activity designed and implemented by a Challenger in order to raise funds.
- "Community Cause"
- can be a registered charity, school, not for profit, municipality, and organized community group, team, or club.
- means any written, visual or audio materials produced by you and/or your Users that is published or stored on a Yodel server.
- "Copper Hut", "CHT" or "We" or "Us"
- means Copper Hut Technologies, Inc
- "Licensed Time Period"
- means the term during which you are licensed to use the Yodel software service.
- means a community cause that is fundraising on a Yodel website.
- means a person who donates money on a Yodel website.
- means any user of the Yodel websites.
- means either the Yodel fundraising software created in order to make use of the services.
- Yodel Service
- means the fundraising website, documentation and other components which provide access to the Yodel application.
- Yodel System
- means your particular instance of the Yodel Service including your data and licensed options.
Scope of Agreement
1.1 This Agreement sets forth the terms of your subscription to the Yodel Service, including the software used to provide the services and all associated media, printed materials, data, files and information and any online or electronic service or documentation which accompanies the services (the “Services”)
2. Use of Services
2.1 Use of the Services by you, is governed by this Yodel Terms of Service Agreement. Users will be required to accept the User Agreement on their first usage of the software.
2.2 The Services are delivered via Server Software.
2.2.1 You do not need to provide or host anything for the Server Software component of Yodel.
2.3 Users may only use the Services of your Yodel site for topics related to the business or purpose of your organization. Unauthorized use of the Services may result in a cancellation of your subscription.
3.1 Using the Service requires the use of the Yodel websites. This Agreement grants you the right to use the website in connection with the Service, but no other rights. Specifically, you may not modify, alter or tamper with the websites (including without limitation the removal of any copyright or other proprietary notices) or create any derivative works, or reverse engineer, decompile or disassemble any portion of the websites. You may not lease, sell or otherwise transfer the website to others.
3.2 Copper Hut retains all rights in the websites, including all patent, copyright, trade secret, trademark and other proprietary rights. You will not derive and may not assert any title or interest in or to such software.
4.1 This Agreement allows you to provide User access to anyone inside or outside your organization.
4.2 The number of Challenges that can be created on your Yodel website is unlimited.
4.3 Your Yodel System is initially set up with one Administrator. To add or change the Administrator on your system, you must contact Copper Hut directly.
Pricing and Payment
5.1 Yodel is licensed on a subscription basis. You subscribe a number of months in advance which becomes your Licensed Time Period. If no subscription term is specific the default term length is one year from sign up.
5.2 Yodel uses PayPal as the Payment Provider to collect money from Supporters and transfer it to the Recipient. For the provision of this service, Recipients pay a 5% Yodel administration fee plus Payment Provider fee of 2.9% + $0.30 per transaction. The fees are deducted from the Supporter's donation simultaneously with the deposit of the funds from the Supporter. Supporters pay no fee. Challengers pay no fee.
5.3 If you choose to use the Yodel Trust account instead of a PayPal account owned by your cause, a $25 service fee will be applied. In choosing this option, a representative from Copper Hut will contact you to organize payment timing from Copper Hut to you.
5.4 Copper Hut may change its fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the current term of your subscription. Copper Hut will provide you with one month’s notice of any change in fees.
Term and Cancellation
6.1 The term of this Agreement may be either monthly or for a pre-determined period.
6.2.1 If you selected to subscribe on a monthly basis, subscription to the Services is on a continuous month-to-month basis and Copper Hut shall automatically renew your subscription each month unless you cancel according to the terms of this Agreement.
6.2.2 If you have agreed to subscribe for a term of Services in advance, upon expiry of your term you will have the choice to:
- a) continue with an additional term of one or more months in advance; or
- b) cancel your subscription.
6.3 In order to cancel your subscription, you must provide us with one month’s written notice.
6.4 Cancellation, or failure to renew your subscription, will result in suspension of the Services at the end of your term. We will maintain your data for 6 months after your last month. After 6 months we may, at our discretion, permanently delete your data. You may request us to permanently delete your data anytime within that 6 month period by providing us notice in writing.
6.5 If you choose to renew your subscription after a cancellation you will have the option to:
- a) renew immediately; or
- b) schedule your service to begin on the first of the following month.
6.6 If your subscription has been cancelled for 6 months or more, and your data has been deleted as per Article 6.3, you will not be able to renew your subscription and will have to commence a new subscription.
7.1 Copper Hut may provide technical and customer support by telephone or email.
7.2 Phone or email based support will be available Monday to Friday between 09:00 and 17:00 Pacific Time. Contact information for support will be provided as part of your System setup.
7.3 Copper Hut will make every reasonable effort to provide continuous access to the Services. Should an extended interruption of service occur, you will be notified as quickly as possible and Copper Hut will estimate to the best of its ability the expected duration of the outage. You will also be notified if scheduled outages are required for preventive maintenance.
7.4 Copper Hut may make available periodic Service upgrades which will include both new functionality and fixes for problems. Copper Hut will use its best efforts to provide upgrades with fixes in a timely manner. These Service upgrades are included in your subscription for the Licensed Time Period.
Your Responsibility for Content
8.1 You acknowledge and agree that you, and not Copper Hut, are responsible for the content of all visual, written or audible communications and any other material (“Content”) produced by you, your Users, or anyone else who may access the Services under your subscription, that is stored or published on your Yodel website.
8.2 Copper Hut is not liable for any loss or damages due to use of the Services by you or your Users. It is your responsibility to ensure that your Users have the right to use the Services where you are located, as well as where they are located.
8.3 You agree to indemnify, defend and hold harmless Copper Hut from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from any act, omission or breach by you or your Users of this Agreement, or of the User Agreement signed by you or your Users.
8.4 You agree to abide by CHT’s Acceptable Use Policy at all times.
Copper Hut’s Responsibility for Content
9.1 Copper Hut cannot guarantee the availability of the Services in all countries and they may not be available for use in any particular location. You are responsible for following the laws in your province, state or country.
9.2 Copper Hut may make periodic backups of Content in your Yodel system. In the event of system failure, Copper Hut will use its best efforts to recover and restore the most current and complete Content available.
9.3 Copper Hut does not guarantee the accuracy, integrity or quality of any Content.
9.4 You and your Administrators and Participants control the privacy of your Content. Copper Hut will use commercially reasonable efforts to maintain the privacy of the Content stored in the Yodel system and, except as permitted by this Agreement or otherwise required by law, Copper Hut will not share such Content with anyone outside of Copper Hut without permission. If you grant us permission to use this information publicly you agree this information may be used by us for all business purposes, without any accounting or any payment to you, unless otherwise arranged at the time permission was given.
9.5 Copper Hut will use commercially reasonable efforts to ensure that only Users authorized by you have access to your Content. You, and not Copper Hut, are responsible for conforming to any legal requirements of your jurisdiction concerning data access.
9.6 You acknowledge and agree that Copper Hut may cooperate with any governmental authority in connection with any investigation into your use of the Services, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any Content, and any other information pertaining to you or to your use of the Services, to such governmental authority in connection with any such investigation.
Collection and Use of Information
10.1 Copper Hut may, at its discretion, use information collected by Copper Hut, including Content, technical or diagnostic information, your suggestions or feedback, to:
- (a) monitor and manage usage by licensed Users and other terms and conditions of this Agreement;
- (b) extract statistical summary data (numerical values summarizing usage and not including any textual information entered by your users), combine the data with data from other Copper Hut customers, and to share this data, from which all customer identifying information has been removed, publicly;
- (c) troubleshoot problems or assist your Users with the Services; or
- (d) improve Copper Hut’s products and services.
10.2 You agree that Copper Hut has the right to monitor your use of the Services in order to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority.
10.3 If you provide any information to Copper Hut in addition to Content, Copper Hut will use commercially reasonable efforts to maintain the privacy of this information. If you grant us permission to use this information publicly you agree this information may be used by us for all business purposes, without any accounting or any payment to you, unless otherwise arranged at the time permission was given.
10.4 You agree that Copper Hut may publish or disclose your name (or, if you are a company, the name of your company) as a client of Copper Hut on our website or in written or verbal communications to other existing or prospective clients. No other personal information will be disclosed. If you do not want your name published or disclosed, you may deliver such notice in writing to Copper Hut and Copper Hut will agree to keep this information confidential until or unless such request is revoked.
Copper Hut’s Confidential Information
11.1 In connection with the Services or your subscription, we may provide you with information, including software and information we give you about the Services and our related business, that is marked confidential or is received under circumstances that would reasonably lead you to understand it to be our confidential information. You agree that you will not disclose our confidential information to any third party without our prior written approval. You will maintain the confidentiality of our confidential information with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. If you are a company, you agree to take all reasonable steps to see that your employees, consultants, officers, and agents guard against and prevent disclosure of confidential information and to act in accordance with the confidentiality provisions of this Agreement. You further agree that information will be available to your employees and officers and agents strictly on a "need-to-know" basis.
11.2 You will not be liable for the disclosure of any confidential information which is:
- (a) in the public domain other than by a breach of this Agreement on your part;
- (b) rightfully received from a third party without any obligation of confidentiality;
- (c) rightfully known to you without any limitation on use or disclosure prior to its receipt from us;
- (d) independently developed by you or your employees; or
- (e) generally made available to third parties by us without restriction on disclosure.
11.3 All terms of this agreement are confidential between you and Copper Hut, and, with the exception of the parties’ respective advisors and other agents, are not to be discussed with anyone outside of those organizations.
Limitation of Liability
12.1 Because online services such as Yodel are inherently complex, Copper Hut cannot warrant that the Services will be entirely error-free or will operate without interruption. Copper Hut warrants that during the term of this Agreement the Services will be free from significant defects.
12.2 Copper Hut's sole responsibilities in the event of an error or defect in Service shall be:
(i) to use reasonable efforts to correct significant defects in the Services without charge
12.3 You are solely responsible for the consequences of use of the Services under your subscription. Copper Hut shall in no way be held responsible for the outcome of website usage nor anything resulting from the Content in the Services.
12.4 Copper Hut accepts no responsibility for the consequences of Service unavailability, backups, software bugs or missing features.
12.5 You acknowledge that due to the complexity of software, it is possible that use of the Services could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages any damages or losses resulting from data loss or corruption.
13.1 This Agreement and the User Agreement constitutes the entire agreement between you and Copper Hut with respect to the Yodel Services and supersedes all prior agreements, understandings and discussions pertaining thereto.
13.2 This Agreement is exclusively governed by the internal laws of the province of British Columbia.
13.3 In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect Copper Hut' original intentions and the remainder of the provisions shall remain in full force and effect.
13.4 Either party’s failure to insist upon or enforce strict performance of any provision of this Agreement does not mean that either party has waived any provision or right in this Agreement.
13.5 Neither the course of conduct between you and Copper Hut nor trade practice shall act to modify any provision of this Agreement. This Agreement may only be amended by written agreement between all parties.
13.6 You may not assign or transfer this Agreement without our prior written consent.
13.7 This Agreement inures to the benefit of and is binding on our respective successors and assigns.