Services Agreement for Organizations in the State of Mississippi, United States
GiveGab has been classified as a Fundraising Counsel entity in the State of Mississippi, United States and therefore GiveGab and any organizations raising money on the GiveGab platform must be in compliance with Mississippi Code Ann. §79-11-515.
What is required of the Organization and you as its representative:
As an Organization based in the State of Mississippi, that intends to collect donations through the GiveGab platform, the following is required in order for us and for you to comply with Mississippi State laws:
- Step 1: Register as a Charity in the State of Mississippi
You must be properly registered as a charitable organization in the State of Mississippi with the Secretary of State: https://charities.sos.ms.gov/online/portal/ch/page/charities-search/Portal.aspx
**Note: Before GiveGab enables your organization to collect donations, we will verify this with the Mississippi State charitable registry database. Please do not proceed with the following step until you are properly registered as noted above.
- Step 2: Register on the GiveGab Platform
If your organization is already registered on GiveGab and you have an organization profile, you can skip to Step 3 below.
If you are not already registered on GiveGab, you must do so here: https://www.givegab.com/nonprofits/new.
As part of registering on the GiveGab Platform, you are agreeing to our full terms and conditions here, which apply to all users of the GiveGab platform. In addition, you are also agreeing to our full services agreement here, which apply to all organizations and their representatives acting as contacts and administrators on behalf of nonprofit organizations registered on our platform.
- Step 3: Enable Donations and Provide Verification Info
When you enable donations for your organization, you will be prompted to provide two (2) authorized officials' names (one of which must be a member of the governing body) and they will need to review and sign off by clicking a checkbox next to their name.
You will also need to provide:
- Other general verification info (e.g EIN, etc), and;
- Bank account info in order to start collecting donations.
Instructions are available at: https://www.givegab.com/support/how-do-i-set-up-donations-for-my-organization
What is required of GiveGab:
Once you complete all 3 steps above, we are automatically notified and will:
- Verify that your Organization is properly registered with the Mississippi Secretary of State here: https://charities.sos.ms.gov/online/portal/ch/page/charities-search/Portal.aspx
- Perform our standard Verification Process (e.g. IRS verification, GuideStar verification, fraud and security verification, etc)
- Report that you are a customer of ours with the Mississippi Secretary of State.
- After 10 days of filing and after all verification has been completed, we will enable donations for your organization.
- At this point, you will be able to fundraise on GiveGab.
*Please note that all online and electronic fundraising platforms are considered to be Fundraising Counsel entities in the State of Mississippi and must be in compliance with Mississippi Code Ann. §79-11-515. This is not GiveGab specific.
By Using the GiveGab Service, You Must Understand and Agree to the Following Terms:
Compliance with Mississippi Code Ann. §79-11-515:
(1) All contracts entered into between professional fund-raisers or fund-raising counsels and charitable organizations shall be in writing and a true and correct copy of such contract shall be filed by the professional fund-raiser or fund-raising counsel who is a party thereto with the Secretary of State at least ten (10) days prior to the performance by the professional fund-raiser or fund-raising counsel of any service. The contract must be signed by two (2) authorized officials of the charitable organization, one (1) of whom must be a member of the organization’s governing body, and the authorized contracting officer for the professional fund-raiser or fund-raising counsel. True and correct copies of such contracts shall be kept on file in the offices of the charitable organization and the professional fund-raiser or fund-raising counsel during the term thereof and until the expiration of a period of three (3) years subsequent to the date the solicitation of contributions provided therein actually terminates.
Upon creation of your organization on GiveGab and prior to raising funds via the platform, the organization’s authorized officials are required to electronically accept the Terms and Conditions by use of a checkbox for each, representing their “signatures”. At that time, GiveGab will also electronically sign and accept the Terms and Conditions. The contract will be maintained in electronic format by GiveGab, and is always available upon request to email@example.com.
The contract shall contain all of the following provisions:
79-11-515(1)(a) The legal name and address of the charitable organization as registered with the Secretary of State, unless that charitable organization is exempted from registration;
This is the name and address of your organization completed on the GiveGab profile page of your organization. Please note that this information must be able to be matched to that State’s list of registered charitable organizations or you will not be able to raise funds.
79-11-515(1)(b) A statement of the charitable purpose for which the solicitation campaign is being conducted.
For each campaign, this is the “Campaign Title”, “Tagline”, ‘Fundraising Goal”, “Tell Your Story” and “About the Organization” sections of the campaign page. Generally, the more descriptive and compelling you make each of these the better your chances are of raising funds via the platform.
79-11-515(1)(c) A statement of the respective obligations of the professional fund-raiser or fund-raising counsel;
The features of the GiveGab platform can be found at http://info.givegab.com/features.
GiveGab is providing a platform that helps nonprofits more efficiently engage with their supporters. As such, GiveGab will ensure the system is stable, highly-available and fault-tolerant. GiveGab will strive to maintain the highest industry standards regarding privacy, security, online donations and donation platform software.
79-11-515(1)(d) A clear statement of the fees or rate which will be paid to the professional fund-raiser or fund-raising counsel;
The fees for use of the GiveGab platform can be found at http://info.givegab.com/pricing.
Please refer to the section labeled “Fees” in the Services Agreement for further information. Although transaction fees generally do not change, you will be subject to the transaction fees in effect at the time a donation is made to your organization. For each fundraising campaign, the nonprofit can elect to allow donors the ability to elect to cover the fees, resulting in 100% of the intended donation going to the nonprofit.
79-11-515(1)(e) The effective and termination dates of the contract and the date services will commence with respect to the solicitation in this state of contributions for a charitable organization;
GiveGab is a platform available to nonprofits to be used at anytime, and nonprofits can use the platform as much or as little as they want, completely on a self-service basis. Each time you use the platform, you are agreeing to the Terms and Conditions and the Services Agreement that are in effect at that time. This is on a perpetual basis until either party is notified of termination.
Please refer to the section labeled “Cancellation and Termination” in the Service Agreement for further information.
79-11-515(1)(f) For fund-raising counsel, a statement that the fund-raising counsel will not at any time have custody or control of contributions;
GiveGab does not have custody or control of the donations made on the platform. Each donation is held in a non-operating bank account (i.e. legal escrow account) by our third party credit card processor (currently Stripe), who aggregates all donations made each day and transfers each organization's total electronically to their bank account provided, within 2 business days. The third party processor also maintains custody of GiveGab’s fees until GiveGab requests payment.
79-11-515(1)(g) A statement that the charitable organization exercises control and approval over the content and volume of any solicitation; and
GiveGab does not solicit supporters on behalf of the Organization or any other Organization, nor does GiveGab share Users between Organizations. If an Organization requests solicitation by GiveGab, that Organization will exercise complete control and approval over the content and volume of all solicitation on their behalf. Basically, GiveGab is a tool that you can use to solicit supporters, at your option. GiveGab will never solicit supporters unless specifically and separately engaged to do so.
79-11-515(1)(h) Any other information required by the rules of the Secretary of State.
GiveGab will always strive for complete compliance with all laws and regulations