Terms of Service
for BitDonate


If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at contact@bitdonate.org.

Introduction


These terms and conditions govern your use of this service; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Rights and Obligations


BitDonate provides the Platform solely on the terms and conditions set forth in this Agreement and on the condition that You accept and comply with them.

By using the Platform, You accept this Agreement and agree that You are legally bound by its terms; and represent and warrant that You are of legal age to enter into a binding agreement; and if You are a legal entity, You have the right, power and authority to enter into this Agreement on behalf of the legal entity and bind them to these terms.

The Service to Charities


BitDonate is a cryptocurrency donation management platform. We enable you to accept cryptocurrency as donations and process cryptocurrency donations that you receive from your donors. We are not a crypto exchange, wallet, or a place to purchase or sell cryptocurrencies. Our Services are only available to registered charitable organization. By using the Services, you authorize us to act as your agent so we may receive, hold and disburse funds on your behalf and to take any and all actions that we think are necessary to provide the Services and to comply with applicable law. Donation by donor to BitDonate will be considered, for legal purposes, the same as payment made directly to you.

Registering Charities


In order to use the Platform, charities must open a BitDonate account. When you open an account, we will ask you for contact information such as your name, phone number, email address, and information relating to the ultimate beneficial owner or the most senior individual from the organization. We will also ask you for information on your organization, including your organization’s legal name, physical address of the organization, and your website. The information that you provide at the time of account opening must be accurate and complete and you must inform us within ten business (10) days of any changes to such information. We may require additional information from you (including any person signing below or otherwise agreeing to the Terms) to help verify your identity and assess your risk, such as your date of birth, tax identification number, or government-issued identification. We may also obtain information about you from third parties, such as credit bureaus and identity verification services, and by signing up you authorize release of such information to us. We have the right to reject your account registration or to later close your BitDonate account, if you do not provide us with accurate, complete, and satisfactory information.

Severability


Should any provision of these Terms be found to be unenforceable or invalid under any applicable law, the unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Any such provisions shall be deleted without affecting the remaining provisions contained herein.

Records


You must keep all records needed for fulfilling the needed filling for the received donations. BitDonate is required to maintain records of all documentation and information collected for your donations account for the duration that your account is active, and up to 5 years thereafter.

Verification for Donors


BitDonate has established a written Donor Identification Program (“DIP”). In the context of DIP, a customer refers to a person or entity who endeavors to donate through BitDonate.
BitDonate will collect and record certain donor identification information from each donor who endeavors to transact through BitLocation.

Required Donor Information

Prior to executing any donor transaction, BitDonate will collect and maintain the following information for all individuals, entities or organizations engaging in donation(s):
Name, Date of Birth, Address, Street/Unit, City/Town, State/Province, Country, Zip/Postal Code, Social Security Number, Tax Identification or Country Issued ID Number.
Consistent with your local laws and regulations, you are solely responsible for verifying any information required of those who donate. If applicable law requires that a donor identity be verified, you must verify the donor’s identity. We will not be responsible for your failure to adequately verify your donors’ identities or qualifications.

Donor tax regime


Our service is only available to registered charitable organizations that accept donations through BitDonate.  Your individual tax situation may be unique.  Please check with your tax advisor to check the legal compliance and maintenance of national tax benefits where applicable. 

RECEIPT: Once your Bitcoin invoice is received, it is your sole responsibility to provide the donor with a receipt for his donations under 501 (C) (3)/ IRS EIN 47-4199638. Gifts are deductible to the full extent allowable under IRS regulations. Please consult your tax advisor for information about appropriate record keeping.

No goods or services can be provided in exchange for donations on BitDonate platform.

Volume Limits


BitDonate imposes daily and annual transaction processing limits. When you register for a BitDonate account, you will be enabled to transact at the Basic Tier level. At BitDonate’s discretion, and based on BitDonate’s risk assessment of your organization, transaction capabilities may not be enabled until additional documentation or information regarding you and your organization is collected and verified. Requests to increase your processing limit will not be approved unless and until we have reviewed your documentation to our satisfaction and have confirmed the accuracy and authenticity of the information therein.

Monitoring donations for suspicious activity


BitDonate will monitor account activity for unusual size, volume, pattern or type of transactions, taking into account risk factors and red flags that are appropriate. The AML Officer or their designee will be responsible for this ongoing monitoring, will review any alerts and reports that the system generates and determine whether any additional steps are required.

Monitoring Activity and Red Flags


BitDonate employees in conducting business with customers and in reviewing/approving business conducted by BitDonate, must make an attempt to identify unusual or suspicious activity. Because suspicious activity can occur long after a donor has been active with BitDonate, all donations should be viewed in the context of other transactional activity.

We reserve the right to decline donations if we reasonably believe that it violates these Terms or would expose you, other organizations, donors, or other parties to harm. If we reasonably suspect that your BitDonate account has been used for an illegal purpose, you authorize us to share information about you, your BitDonate account, and your account activity with law enforcement.

Conversion of donations and Settlement


Donations received into your BitDonate account in the form of cryptocurrency can be converted into the national currency that the charity is working with using the BitLocation service platform (url to bitlocation.com) and then transferred the converted amount to the charity’s designated bank account. Charities can opt to convert the donations the moment they are received or to keep them in the form of crypto currency and convert them at a later time.

Bank wires of the converted amounts to the designated organizations’ bank accounts, are made once a month on the 25th day or upon request for selected cases.

Representation and Warranties


Use of the Services is subject to the laws and regulations of the United States regarding the prevention of terrorist financing and anti-money laundering. You agree and acknowledge that your use of the Services would and will comport with such laws and regulations, including, without limitation, the sanctions programs administered by the Office of Foreign Assets Control of the United States Department of the Treasury.

Our fee


Every transaction that goes through BitDonate is commissioned with 1%. We reserve the right to change our fee structure and pricing at any time.

Network Costs


BitDonate incurs a cost to sweep an incoming cryptocurrency donation. These Network Costs are included in the donation slip total and are paid by the donor. The Network Costs are not returned when a refund is executed. Donor has the discretion to decide to pay or not pay an invoice after it has been created.

Mining Fees


Cryptocurrency transactions may require a miner fee in the blockchain network. These miner fees are automatically created by the donor’s wallet and sent to the miner. These miner fees are not BitDonate fees. The miner fees paid to the blockchain network are not returned when a refund is executed.

BitDonate will deduct the miner fee cost of returning the payment from the total refund amount you receive. 

Acceptable use


You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of BitDonate or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without BitDonate's express written consent.           This includes: scraping, data mining, data extraction, data harvesting, 'framing' (iframes), Article 'Spinning'

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of BitDonate.

Restricted access


Access to certain areas of this website is restricted. BitDonate reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. BitDonate may change or modify this policy without notice.

If BitDonate provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

BitDonate may disable your user ID and password at BitDonate's sole discretion without notice or explanation.

User content


In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to BitDonate a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BitDonate the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BitDonate or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BitDonate reserves the right to edit or remove any material submitted to this website, or stored on the servers of BitDonate, or hosted or published upon this website.

BitDonate's rights under these terms and conditions in relation to user content, BitDonate does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties


This website is provided “as is” without any representations or warranties, express or implied. BitDonate makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, BitDonate does not warrant that:

- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability


BitDonate will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if BitDonate has been expressly advised of the potential loss.

Exceptions


Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of BitDonate in respect of any:

- death or personal injury caused by the negligence of BitDonate or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of BitDonate; or
- matter which it would be illegal or unlawful for BitDonate to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness


By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other parties


You accept that, as a limited liability entity, BitDonate has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BitDonate's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect BitDonate's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BitDonate.

Unenforceable provisions


If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity


You hereby indemnify BitDonate and undertake to keep BitDonate indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BitDonate to a third party in settlement of a claim or dispute on the advice of BitDonate's legal advisers) incurred or suffered by BitDonate arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions


Without prejudice to BitDonate's other rights under these terms and conditions, if you breach these terms and conditions in any way, BitDonate may take such action as BitDonate deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation


BitDonate may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment


BitDonate may transfer, sub-contract or otherwise deal with BitDonate's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability


If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement


These terms and conditions, together with BitDonate's Privacy Policy constitute the entire agreement between you and BitDonate in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction


These terms and conditions will be governed by and construed in accordance with the laws of United States of America, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York.