Terms and Conditions
This Agreement is entered into by and between RICHARD SEAN MANNING STUDIOS, INC., DBA The Manning Arts, and the 501(c)3 organization detailed above, as of date of communication sent from firstname.lastname@example.org to the registered email address as listed above.
Terms and Conditions
In consideration of the mutual promises and covenants set forth in this Agreement, the parties hereby agree as follows:
Term: The term of this Agreement shall commence on the date of this Agreement and shall continue until terminated by either party.
Representation: The duly authorized representative listed above warrants that the 501(c)3 organization is exempt from tax under Section 501(c)3 of the Internal Revenue Code of 1986, as amended, and eligible to receive tax-deductible charitable contributions.
The Manning Arts represents that it is a Florida for-profit corporation that helps 501c3 organizations provide the means by which interested persons can make monetary donations to their charitable organization through the sale of its art.
Website Link: The Manning Arts will supply to the 501(c)3 organization, a process whereby a unique URL link to The Manning Arts website is placed on the website of the registering 501c3 organization, and may be included in their marketing material through the end of the fundraising campaign.
When a donor/supporter clicks on the link, they will be taken to The Manning Arts website where the donor/supporter can select a work of art to be received in connection with a voluntary sixty-six percent donation, payable to the designated 501(c)3 organization PayPal account and thirty-four percent payable to The Manning Arts designated PayPal account.
Distribution of Funds: This charitable contribution will automatically be deposited as a donation from the donor/supporter to the 501(c)3 organization PayPal account associated with the unique URL. These funds are collected through PayPal and can only be accessed by the designated 501(c)3 organization authorized persons.
The purchase price of 34%, which is the fair-market value of the art work, will automatically be deposited to The Manning Arts PayPal account to cover the costs of reproduction and handling.
Shipping Cost: The customer will pay the shipping cost which is calculated using the United States Postal Service or an appropriate shipper for art shipped outside of the continental USA.
Sales Tax: Provided, however, if The Manning Arts is required to collect sales tax in accordance with applicable law, the amount of such sales tax shall also be collected from the donor/supporter on the 34% market value, non-charitable portion, of the price paid. The Manning Arts shall remit such sales tax to the appropriate governmental division.
Communication with Donors: Donor/supporter IP addresses will be tracked in a database so that when the donor/supporter places an order, their IP address will identify the originating 501(c)3 organization as the originating link to receive the sixty-six percent voluntary donation paid by the donor/supporter. The Manning Arts will not distribute, sell, share nor use donor/supporter information for any other purposes.
The Charity will receive a copy of donor/supporter information automatically through PayPal and shall provide donor/supporter with a notice of deductibility of donation based on sixty-six percent of full amount paid for income tax purposes.
Default Charity: The Manning Arts does not solicit donations. It is the responsibility of the 501(c)3 organization to solicit donations from donor/supporters by providing them with the unique URL link provided by The Manning Arts which will take the donor/supporter to The Manning Arts website.
If a donor/supporter orders a work of art as a result of coming directly to The Manning Arts website instead of using a unique URL, they can choose to continue with the purchase and their charitable contribution will benefit one of the affiliated 501c3 organizations that have signed up to participate, the name of which will be listed on their order form prior to checkout.
The Manning Arts is obliged by law, to offer donor/supporter an option to purchase the art at the fair market value without making a voluntary donation to an affiliated 501c3 organization, and to facilitate this, a phone number can be found on The Manning Arts home page.
Shipment of Art: The Manning Arts will handle all shipping of the art selected by donor/supporter in a timely manner including any issues that may arise regarding such shipping including damages/returns.
Return Policy: In the event of a dispute The Manning Arts stands firmly by the refund policy of PayPal to refund the 34% market value of the art. If a refund is deemed necessary, the affiliating 501(c)3 organization will not be obliged to refund the donor/supporter voluntary donation amount received.
Independent Contractor: The parties agree that in performing their responsibilities pursuant to this Agreement they are in the position of independent contractors and this agreement does not create an agency relationship or joint venture.
Governing Law: The laws of the State of Florida shall govern any disputes between the parties, the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the parties hereunder.
The parties hereto have executed this Agreement, or caused this Agreement to be executed by its duly authorized officer, as of the date set forth herein.