Sport4Change

Standard terms for all beneficiary organisations

DEFINITIONS

"GGSA" The Greater Good South Africa Trust (Cape Town Master's registration number IT.3334/04).

"Beneficiary Organisations" Nonprofit Public Benefit Organisations approved by GGSA for purposes of listing on the Website.

"The Website" The Website domain described as www.myggsa.co.za and such alternative or additional domains as GGSA may designate for purposes of this Agreement.

"Trust Banking Account/s" Such dedicated current, savings or call deposit banking account/s as may be operated by GGSA for the sole purpose of receiving and administering donor contributions for the benefit of Beneficiary Organisations.

"Quarterly Dates" 31 March; 30 June; 30 September, and 31 December in each year.

1. SCOPE AND PURPOSE OF THIS AGREEMENT

The scope and purpose of this Agreement is to define the Terms and Conditions upon which approved Beneficiary Organisations shall be enabled to access and benefit from the fundraising capabilities of the Website, and to participate in other facilities and resources made available by GGSA to such Organisations from time to time.

2. BENEFITS OF LISTED ORGANISATIONS

Subject to the prior written approval of GGSA, Beneficiary Organisations shall become entitled to all or some of the following benefits (as may be designated by GGSA at its discretion), viz :

2.1 The ability to engage in web-based fundraising through a listing on the Website.

2.2 The opportunity to "showcase" the organisation; its mission; activities; events; services; and products.

2.3 The utilisation of various ancillary facilities, including :

• Electronic Fund Transfers (EFT)
• Credit card based giving
• Accrual of "loyalty" points
• Brokering of time and skills
• Consignment and delivery of merchandise
• General fundraising counsel and assistance

2.4 The opportunity to participate in periodic campaigns, expos, capacity building workshops, fundraising events, et al.

NOTE :

Listed Beneficiary Organisations are in no way restricted from continuing to engage in their own direct solicitation of donors, and from continuing to receive independent financial support, otherwise than through the Website.

3. PERIOD OF AGREEMENT

3.1 This Agreement shall only come into existence only upon written approval by GGSA of a completed Application submitted by an eligible Nonprofit Organisation.

3.2 This Agreement may either be for a fixed period if so stated in GGSA's Approval; or alternatively, it shall be for an indefinite period terminable by either party at any time following five days' written notice to this effect; without prejudice to the right of a party summarily to terminate the Agreement, in the event of any material breach of these Terms and Conditions.

3.3 Upon termination of the Agreement for whatsoever reason, GGSA shall excise the Website listing of the Beneficiary Organisation as expeditiously as possible, and in any event, within a period not exceeding fourteen (14) days from the date of its receipt of termination notice.

4. SPECIAL BANKING ARRANGEMENTS

4.1 In order to make provision for the receipt, interim investment, and quarterly distribution of contributions received, GGSA shall maintain one or more current, savings or call deposit accounts with its bankers; presently, First National Bank Limited. All such received contributions shall be promptly deposited to the credit of GGSA's designated Trust Banking Account/s, and all distributions shall be deducted therefrom.

4.2 The Trust Banking Account shall be subject to independent audit at quarterly intervals; and Distribution Statements shall be produced quarterly, and made available to approved Beneficiary Organisations, and to donors upon request.

5. TRUST FUND ADMINISTRATION

5.1 Upon each Quarterly Date, the net amount held to the credit of the Trust Banking Account/s shall be distributed to the Beneficiary Organisations concerned within a period not exceeding thirty (30) days reckoned from the Quarterly Date.

5.2 Notwithstanding the aforegoing, GGSA shall be entitled, at its discretion, to defer distribution of any amount representing less than Two Hundred and Fifty Rand (R250,00) until the next succeeding Quarterly Date.

5.3 Interest accruing on amounts held to the credit of the Trust Banking Account/s may be appropriated against the costs incurred in administering such banking account/s, including the audit thereof, and including also all ledger fees, credit card costs, EFT and other banking charges levied against the Trust Banking Account/s.

5.4 GGSA shall be entitled to determine the manner of payment and distribution; and may require that all such payments be effected by electronic fund transfers; or by crossed cheques (marked "Not Transferable - Account Payee Only"). Under no circumstances may distributions be effected by means of cash withdrawal.

5.5 For the avoidance of doubt, it is confirmed that GGSA shall incur no liability in the event of third party theft, fraud or other circumstance resulting in loss with respect to the banking arrangements envisaged by this Agreement, and the transmission of funds by Electronic Fund Transfer or the despatch or cheques to Beneficiary Organisations shall be at their own risk.

6. SOLE DISCRETION

Where discretions are reserved to GGSA in terms of these conditions, such discretions shall be complete and absolute. GGSA will be under no obligation, express or implied, to provide reasons or justification for the exercise of such discretions, which include its right to make decisions with respect to :

6.1 The acceptance or refusal of Applications for listing.

6.2 The temporary suspension, withdrawal or qualification of approval, including the imposition of new conditions and requirements attaching thereto.

6.3 The formalities to be observed in the making of donations, and the distribution and acknowledgement thereof.

6.4 The manner of allocation of undesignated donations contributed for general philanthropic purposes.

6.5 The need for further information, documentation or explanation, with respect to particular organisations, donors or related parties.

7. BENEFICIARY ORGANISATIONS : WARRANTIES AND UNDERTAKINGS

By reason of their Applications, Beneficiary Organisations shall be deemed to have warranted and undertaken as follows :

7.1 That the documentation provided in support of their Application includes an accurate up to date copy of their Founding Document, and proof of the Organisation's establishment or incorporation; and also a Certificate of Registration in terms of the Nonprofit Organisations Act No. 91 of 1997; and a copy of the written approval by SARS of the Organisation as a tax-exempt "Public Benefit Organisation"; and any such further documentation or proof of compliance with relevant legislation as GGSA may from time to time require.

7.2 That GGSA will be promptly advised of any material change of legal or fiscal status, or other material change affecting the information provided; and GGSA shall be provided with any such additional information or documentation as it may from time to time request.

7.3 That GGSA will also be provided with a copy of the Organisation's Annual Financial Statements from time to time, including Narrative Reports, as are required in terms of the Nonprofit Organisations Act.

7.4 That GGSA is authorised to communicate directly with the Organisation's auditors, accounting officers, executives and fiduciaries in order to verify or amplify the information provided from time to time.

7.5 That GGSA will be promptly advised of all donations or other benefits received by the Organisation (whether directly or indirectly), in consequence of its listing on the Website; and will also be entitled to periodic reports and information concerning the Organisation's use and application of funds and benefits received as aforesaid.

8. GGSA'S UNDERTAKING

GGSA shall at all times exercise reasonable care and use its best endeavours to ensure that the administration of the Website and of its other obligations in terms of this Agreement, are undertaken timeously and efficiently. Notwithstanding the aforegoing, GGSA shall in no way be responsible, and it is hereby specifically absolved from liability, for claims arising from :

8.1 Bona fide errors or inaccuracies in the information conveyed on the Website; or in any other aspect of its administration of this Agreement.

8.2 The unathorised disclosure of information concerning Beneficiary Organisations, and their respective activities, events, and campaigns.

8.3 Any other fact, event or circumstance resulting in loss to a Beneficiary Organisation in consequence of GGSA's implementation of this Agreement, save in circumstances involving dishonesty or gross negligence.

9. PUBLICITY AND PUBLIC RELATIONS

GGSA shall be entitled in its promotional and other materials to disclose the identity of Beneficiary Organisations; its success and the outcomes of its fundraising activities; and other information with respect to its support of Beneficiary Organisations. The Beneficiary Organisation shall, if so requested, acknowledge the assistance given by GGSA through the Website and if required, make available suitable photographs, and permit the use of its logo, and other relevant material. It shall also collaborate generally in facilitating evaluations and assessments by donors, sponsors and other interested parties.

10. NOTICES

10.1 Any notices, communications or legal process which either party may wish to serve on the other may be given either in writing, or by telefax, or e-mail, or through digital means at the address (including e-mail and other particulars) as stated in the form of Application; at which address each of the parties chooses its domicilium citandi et executandi for all purposes arising from this Agreement.

10.2 Such states domicilium address and particulars may be changed to another physical address in the Republic, provided written notice thereof is given at least seven (7) days prior to the change taking effect.

10.3 Any documentation shall be deemed to have been duly received:

10.3.1 Seven (7) days after the despatch thereof by registered post addressed as aforesaid.

10.3.2 Forty-eight (48) hours after the despatch thereof by telefax or e-mail.

10.3.3 On the date of delivery, in the event of the physical delivery thereof to a responsible person at the domicilium address.

10.4 Notwithstanding the aforegoing, any such written notice or communication actually received by a party shall represent adequate notice or communication, notwithstanding that it was not sent or delivered to the chosen domicilium address.

11. NO AGENCY OR PARTNERSHIP

The relationship of GGSA and the Beneficiary Organisations shall not imply any partnership or joint venture between them, nor shall either party be entitled to represent itself as the agent or representative of the other, unless so authorised in writing.

12. APPLICABLE LAW AND JURISDICTION

Subject to the later provision with respect to arbitration, the parties agree that the law of the contract shall be the law of South Africa; and that the Magistrate's Court for the District of Wynberg shall have jurisdiction in respect of any matter arising in consequence of this Agreement.

13. ARBITRATION

Should any difference arise between the parties which they are unable amicably to resolve, whether in regard to the meaning or effect of any term of this Agreement or the implementation or failure to implement any party's obligations hereunder; or any other matter arising therefrom or incidental thereto, such difference may at the instance of either party, be referred to arbitration in accordance with the following provisions, viz :

13.1 The arbitration shall be held on an informal basis, with the intent that a decision should be reached as expeditiously and as inexpensively as possible, subject only to due observance of the principles of justice.

13.2 Each party shall be entitled to be represented by its legal and/or other representatives, and shall be permitted to adduce such evidence and argument as the Arbitrator may consider relevant.

13.3 The Arbitrator shall be such person as the parties may mutually agree; failing which the Arbitrator shall be such person as may be nominated at the request of either party, by the President for the time being of the Cape Law Society.

13.4 In arriving at a decision or award, the Arbitrator shall be entitled, in his/her sole and absolute discretion, to apply not only the law applicable to the matter in dispute, but also a broad principle of equity and fairness, with the intent and purpose that the Arbitrator shall make an award which is appropriate and equitable in relation to the underlying legal principles, but also with due regard to the facts and circumstances, and the public interest.

13.5 The decision of the Arbitrator shall be final and binding, and capable of being made an Order of Court upon application by either party.

13.6 The proceedings shall be conducted in camera, but in all other respects the Arbitrator shall be entitled to determine the appropriate procedure, time limits, and formalities to be followed.

14. INDULGENCES

No extension of time, waiver, latitude or other indulgence which may be given or allowed by either party to the other shall be considered as an abandonment of rights or a novation of this Agreement; nor shall it affect such party's rights, or prevent such party from subsequently enforcing compliance with the relevant provision.

15. VARIATIONS

No agreement at variance with the terms and conditions hereof shall be binding unless in writing, and signed on behalf of the parties hereto.

16. CONFLICTS

Should any conflicts exist between the terms of this Agreement, and the terms of any other letter, document, or communication between the parties, whether verbal or written, the terms of this Agreement shall prevail.

17. GOOD FAITH

In implementation of this Agreement and in all their dealings, the parties shall observe the utmost good faith, and give effect to its philanthropic intent and purpose.

Please note

Registration on this website implies acceptance of these terms and conditions.