Terms of Service

Introduction

Our aim is to be clear, transparent and simple in all our dealings with you.  We are here to provide funding for non-profits.  Since you’re using our site, we know you want to help non-profit organizations, as well.  Our terms of service begin with respect for the users of our site, the non-profits we are funding, our employees and consultants.  We want to help you and assure you have a pleasant experience on our site, GIVIN – Charity Simplified.org.

Black and Brown Corp., Inc. (B&B)

is the non-profit (IRS 501c3) organization that operates GIVIN – Charity Simplified at https://CharitySimplified.org.

By using CharitySimplified.org, (Site or MyGIVIN), you agree with the terms and conditions regarding use of the Site and the services offered.  Before registering at MyGIVIN, you must read and accept all the terms of our Agreement (Agreement).  By accepting our Agreement, you are stating that this Agreement, as well as the linked documents, such as the Privacy Policy, Fee Schedule, etc. will apply whenever you use our Site and related services.

Eligibility and Accuracy of Information 

By registering at MyGIVIN, or using the Site, you represent that you are at least 18 years of age, and the age of legal majority in your state or country of residence, if older than 18. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Site.  You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties.  You also agree not to use the Site if you are temporarily or permanently suspended from using the Site (see Termination and Suspension below).

Our Operations and Pledge to You

Here is how we operate this site and our promises to you.  First, GIVIN – Charity Simplified is a platform for raising money for 501c3’s, the IRS code that designates an organization as a tax-exempt organization.  The way we do this is by providing the auction market, our website, https://CharitySimplified.org, for those wishing to donate goods and services to their favorite charity, and those wishing to purchase those assets for the benefit of the charity.

When you donate or purchase goods and/or services on the site, your PayPal or credit card charge and tax letter will come from B&B.   Since B&B has been designated as an IRS 501c3 organization, the entire value of your donation is made to a non-profit.  We subtract our fees and credit card charges from the purchase amount (see fee schedule below) and send the balance to the non-profit chosen by the donor.  The purchaser and the donor both receive a tax letter from B&B.  We do not provide tax advice. We suggest that all donors and buyers check with their tax advisor.

We do not perform due diligence or investigate assets or services

auctioned on the site.  It is between the buyer and seller to determine the value of the goods, and the best method for transporting the good or service to the buyer.  We in no way aid in delivery or shipping of the items purchased on the site.  We never have possession of any of the assets auctioned or purchased on the site (unless we are donating or purchasing for our personal use).  The goods and services marketed on the site are the property of the donor, until sold.

Other than providing the auction market, we collect the final selling price of the good or service donated, and sales tax.  We deduct our fees (see fee schedule below) and credit card charges.  We then pay the balance to the non-profit chosen by the donor of the goods.  We send a letter via email to the donor and the purchaser of the asset acknowledging the gift to the non-profit, Black and Brown Corp., Inc.  In that letter (see below) we indicate which non-profit was chosen by the donor.

Donors’ responsibilities include describing the asset or service being donated clearly and succinctly, uploading a representative picture of the asset or service, stating the non-profit that will benefit from the sale, determining the fair market value of the goods or services, paying and arranging for the delivery of the goods or services to the winning purchaser.

Items listed on the auction site are initially listed for two (2) weeks.  If during that time period, no bids have been received, or the minimum not met, the auction will be automatically extended for an additional two-week period until the item is sold.  This will continue up to six (6) weeks (total of 3 listings, including the initial listing).  If after six (6) weeks the item has not sold, it must be removed from the auction site.  The donor may relist the same item for sale the day following one month (30 calendar days) from the date of the last auction for that same good or service.

Implicit in these responsibilities is that the donor owns, and has available for sale, the asset or service the donor posted for sale through the entire auction period. If the donor does not produce the asset or service after posting it for sale on CharitySimplified, we reserve the right to terminate the donor’s future access to the site.

Purchasers’ responsibilities include paying for the item in a timely fashion and contacting the seller in a timely manner to aid in delivery of the goods or services purchased.  Whenever someone uses the site and places a bid, they warrant that they have sufficient funds to cover the cost of the transaction, including applicable sales taxes.  When a potential purchaser enters a bid, they must be aware that it may be accepted, and they must pay for the item as well as aid in delivery of the item promptly (provide correct, clear information necessary for delivery). If the winning bidder does not complete purchase of the auction item within five (5) business days of winning the auction, the item will be relisted. The purchaser will have no claim to the item after five (5) business days of non-payment. After 2 unpaid auctions, we reserve the right to terminate that user’s account.  If for any reason, after completing the purchase, the purchaser does not contact the seller within ten (10) business days of winning the auction, the donor may re-enter the auction market and auction the item again.  The purchaser will be deemed to have donated to the non-profit.  No refund offered or required.

Account Security

The security of your financial information is absolutely essential.  We therefore use and trust PayPal (PP) and Stripe with our ecommerce transactions. PayPal is monitored 24/7 and they encrypt your information.  PayPal, your credit card company and Black and Brown Corp., Inc. will aid with dispute resolution.  PayPal and your credit card provider can block payments or return payments for lost or damaged goods.  On these matters please contact PP directly.  Black and Brown Corp., Inc. has no ability or control over credit card companies, banks or other financial institutions. We have no ability to block a payment or refund money to dissatisfied buyers or donors. We will provide transaction information to you or anyone you authorize to receive the information, and aid in recovery as we are able to assist.

Termination and Suspension

We want you to use the Site regularly and honorably.  If we at B&B find activity we deem undesirable on the site, we reserve the right to reject your user registration by notifying you of our decision.  We would not want to do so but may terminate or suspend your account and ability to use the Site at our sole discretion, with or without cause and without prior notice to you.  If we believe your actions may cause us or other Users legal liability, harm, or loss, we can terminate your account.  We reserve the right to notify other Users of your actions.  

If you are unhappy or dislike our terms and policies, you may discontinue use of the Site and services and terminate your involvement in CharitySimplified.org.  You need to notify us of termination, so we can remove you from our list of registered users that are happy with our service.  You may terminate this Agreement, and your account with us, when your account is paid in full and you do not have any open or active transactions on the Site. In the event your account is closed or terminated, it will be marked inactive in our systems, but we cannot delete your user information or transaction history.

Binding Arbitration over Court

Any dispute or claim relating in any way to your use of any Black & Brown, Inc. (GIVIN – Charity Simplified) Service, or to any products or services sold or distributed by GIVIN – Charity Simplified or through CharitySimplified.Org will be resolved by binding arbitration, rather than in court. You may assert claims in small claims court if your claims qualify, however. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

To begin an arbitration proceeding, send a letter requesting arbitration and describe your claim to Black and Brown, Inc., 2221 Peachtree Rd, Suite D; Atlanta, GA  30309. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you, or we, may bring suit in court to enjoin infringement, or other misuse of intellectual property rights.

Changes to Agreement

As a growing non-profit and new Site, we may need to change the terms and conditions of this Agreement from time to time.  We’ll notify you by posting the revised Agreement to the Site (including other notices, as the law requires).  Please check this Agreement periodically to inform yourself of any changes.  If we make material changes to this Agreement, we will post such revised Agreement on our Site and assure there is clear notice of the changes, so you may review them before using the Site again.  Your continued use of the Site after such changes are posted will constitute your agreement to our new updated Agreement.

These responsibilities are the complete and full extent of the services provided on the site.

Fee schedule

Auction Proceeds                                     Fee

Under $1,000.00                                      10.0%

$1000.01 to $5,000.00                             9.0%

$5,000.01 and over                                     7.0%

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