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Terms

Place2Give Foundation – Donor Agreement for DAF and Website

Purpose of this Document

This document outlines the terms of use of the Place2Give Foundation in Canada and the US. Individuals, families, businesses and non-profit organizations can use all or some of the service offerings of Place2Give Foundation.

NOTE: Our work with non-profits and cross-border donations is on a case-by-case basis.

About Place2Give Foundation

Place2Give Foundation is a public, donor advised fund registered in Canada and public charity registered as a 501c(3) in the United States. Specifically, the Fund was established to receive, process, manage and distribute charitable donations. Donations are processed through a web-based portal found at www.Place2Give.com, through the GIVE_api integrated solution with third-parties, through the Easy Donate Button on organizations’ websites and blogs, and at our Canadian or US offices. Donations are also accepted at special events held throughout the year around North America.

About Donor-Advised Funds - DAF

Conducting charitable giving activities through a donor-advised fund (DAF) is a well-established approach for individuals, families, groups, organizations, and companies that want to:

take an immediate federal income tax deduction, to the extent allowed by law, when contributions are made to the DAF, even if the money is not distributed to qualified donees until subsequent years
consolidate and simplify donations through a charitable giving account that provides flexibility, administrative convenience, cost savings, and tax advantages
remain anonymous or otherwise determine how to be recognized for donations made through the DAF

Contributions to a DAF are irrevocable and all DAFs are owned or controlled by a sponsoring organization, which must be a public charity. The donor, however, has advisory privileges on the distribution of funds, as is the case with Place2Give.

Establishing a Place2Give DAF Account

Before opening an account with Place2Give, please carefully read this Guide to fully understand the policies and procedures of the Fund’s DAF Program and discuss charitable giving plans and strategies with a tax advisor. Questions can be emailed to info@place2give.com

Eligibility

Individuals (age 13 and older), families, groups, nonprofit organizations under certain circumstances, business entities including some financial institutions, are eligible to open an account. Residency may be in either Canada or the United States.

Application

Eligible individuals or entities (as described above) may sign up for an account by completing the form at www.place2give.com. A minimum contribution by the applicant of $500 (Canadian for Canadian residents, and USD for American residents) is required at time of creation.

Account Name

By default, the Fund will assign an account number to use as the account identifier. However, the Primary Account Holder may name—and later rename—the account. The account name should always end with the word “Fund.” The legal terms “Trust,” “Foundation,” or “Endowment,” the use of which are reserved for other charitable-giving vehicles, cannot be used in any account name.

The account name might acknowledge your own name(s), someone or something else, and/or the charitable cause. Examples include The Smith Family Fund, The John Jones Memorial Performing Arts Fund, and The XYZ Corporate Philanthropy Fund. Place2Give Foundation reserves the right to require changes to any Account Name at any time for any reason.

Roles, Responsibilities, And Privileges

Each account is associated with the individual who created the fund. Place2Give Foundation reserves the right to modify or terminate roles, responsibilities, and privileges upon 30-day notice at the email address on record for the Primary Account Holder.

Ownership

Place2Give accounts are donor-advised funds, and as such, the accounts are owned by the Fund. Donors and other authorized parties on the account may recommend distributions, called grants, to charitable organizations.

Primary Account Holder

The Primary Account Holder is usually the individual or entity that opens and funds the Place2Give DAF account, although this responsibility can be transferred. Through the Place2Give website, the Primary Account Holder may contribute money to the account, recommend distributions (called grants) to eligible beneficiaries, and view all account activity. Other privileges include appointing and removing Additional Account Holders, Additional Advisors, Additional Donors, Successors, and Interested Third Parties. The Primary Account Holder is also the main recipient for all correspondence, with the exception of tax-substantiation receipts emailed to Additional Donors.

Additional Account Holders

At this point in time, Additional Account Holders are not permitted direct access to a Place2Give Fund holder. However, individuals may be appointed as philanthropy advisors, by the Primary Account Holder. This is to be done in writing with the contact information and specific role that this additional person will hold. Examples of roles include the ability to: contribute money to the account, recommend grants independent of the Primary Account Holder, and view all account activity. This individual may not add, remove or change the contact information or the roles/responsibilities of others affiliated with this account. If authorized by the Primary Account Holder, Additional Account Holders may also elect to receive the same email correspondence as the Primary Account Holder.

Additional Advisors

Additional Advisors, may recommend grants independent of the Account Holder and view all account activity as instructed by the Primary Account Holder. If authorized by the Primary Account Holder, Additional Advisors may also elect to receive the same email correspondence as the Primary Account Holder. Additional Advisors may not appoint or remove others to the DAF account and generally will not contribute to the account.

Additional Donors

By default, anyone can contribute to a DAF account. However, if desired by the Primary Account Holder, contributions can be restricted to a group of specifically named Additional Donors. Alternatively, the Primary Account Holder may continue to allow anyone to contribute to the DAF account, but name Additional Donors who will receive differentiated targeted communications or have the privilege of using special online tools and features.

Successor

The Primary Account Holder should name an individual or entity to serve as a replacement upon the death, incapacity, or resignation of the Primary Account Holder. At such time, if no Successor has been identified or no named Successor accepts the responsibility, any remaining balance will be transferred to the Place2Give Foundation General Fund and used or distributed at the discretion of the Grants Committee and the Board of Directors.

Account privileges are granted to a Successor only after the Fund receives and accepts proof of the Primary Account Holder’s resignation, incapacity, or death and the Successor accepts the responsibility and terms. At such time, the Successor will become the Primary Account Holder with all of the commensurate responsibilities and privileges.

Contributions

Contributions can be made when an account is opened, as a grant is recommended, or at any other time. When a contribution is received from a Donor without an account for the purposes of establishing a DAF, an account will be created automatically. Contributions to already existing funds are accepted at anytime through the Place2Give website, via cheque to either the Place2Give Foundation office in Calgary, Alberta, Canada or the Place2Give Foundation – US Inc. office in Tacoma, Washington, USA.

Tax receipts are issued automatically through the web portal to the person who made the contribution. Donations received at the office, or processed manually will be receipted at the end of the calendar year.

Place2Give Foundation accepts donations in the form securities, cash and insurance policies. Securities are sold within 24 hours of receipt or on the next business day.

Contributions Are Irrevocable And Unconditional

Contributions are not refundable and are assets owned and held by the Fund. The Fund retains exclusive legal control over all contributed assets and any future related earnings.

Furthermore, Donors cannot impose conditions or other restrictions that prevent the Fund from freely and effectively using the contribution to further its charitable mission and comply with all legal and regulatory requirements.

Eligible Types of Contributions

The Fund accepts cash and cash equivalents in Canadian or US dollars, drawn from Canadian or US financial institutions, and delivered by cheque, electronic funds transfer, debit card, or credit card.

The Fund reserves the right to review and reject any contribution to the Program for any reason whatsoever. Any contribution that is not accepted will be returned as soon as possible.

Minimum Contributions –

$500 in the currency of residency is required upon opening a branded Place2Give DAF account.

A $10 minimum contribution is required for directed to a single charity listed through Place2Give.

Processing Contributions

The Fund generally processes contributions on the same day the funds are received unless it is a weekend or bank holiday. Funds processed by partners made be subject to a different schedule per the partners terms. The Fund is not liable for the failure to complete an electronic funds transfer or other Donor instruction.

Confirming Contributions

The Program will email a receipt for any funds received on the same day, or within a few business days after the funds have cleared unless the giving was done through a partner, in which case the partner may be issuing a receipt on behalf of Place2Give Foundation. The email will serve as a substantiation letter, gift receipt, or tax receipt and should be retained for tax reporting purposes. Donors should read all confirmation letters carefully. Any errors must be reported immediately to the Program.

Primary Account Holders may receive notification of third-party contributions, such as an employer match, but such notification is not a tax receipt.

Tax Considerations

This Guide is not intended to provide legal or tax advice. Rules and regulations regarding tax deductions for charitable giving vary at the provincial and state level. Place2Give Foundation strongly encourages Donors to consult with a qualified tax advisor for guidance on how charitable giving will impact their federal, provincial/state, and local tax liability.

Charitable Deductions

Place2Give Foundation donor-advised fund program is eligible to receive tax-deductible contributions. In general, a Donor who itemizes deductions on a federal tax return may claim a contribution to a DAF account as a deduction in the year the contribution is made, subject to certain limitations. With the exception of contributions, however, DAF account activity has no impact on any Donor’s tax liability. Because the Fund owns the assets once they have been contributed to a DAF account, for example, any investment gains or losses or interest accrued by that account will have no tax consequences for Account Holders. In addition, grants subsequently made from a DAF account to a charitable organization are not tax deductible, as the deduction was already taken when the contribution was made to the DAF account.

Please also note that Account Holders may not claim a tax deduction for contributions to their account(s) by other Donors, such as an employer match, or a gift card.

Deductibility

With cash and cash equivalents, a Donor is entitled to claim the exact amount of the contribution as a deduction.

Estate Planning

In the United States: Contributions to the Program and any associated earnings are not part of a Donor’s taxable estate and are not subject to either estate tax or probate. Any balance that remains in a DAF account upon the Primary Account Holder’s death may not be appointed, transferred by will, or bequeathed to any person or organization.

For Canadian donors please speak with your Estate and/or Trust Lawyer regarding the use of your DAF proceeds as part of your estate.

Recommending Grants

Once a DAF account has been funded, Donors and Advisors can recommend grants at any time to any of more than one million Qualified Donees in Canada and the US. This section details important guidelines and instructions that apply to the grant recommendation process.

Donors may make grant recommendations on Place2Give.com or on a partner site.

Grant Review and Approval or Denial

To ensure that all funds are issued exclusively in furtherance of charitable purposes to qualified charitable organizations, all grant recommendations are subject to review and approval by Place2Give Foundation’s Directors. Place2Give’s Directors have ultimate authority over all grant distributions. Grant requests are nonbinding and will not be approved until, among other considerations, Place2Give has verified the recipient organization’s current tax-exempt status as defined by Section 501(c)(3) of the Internal Revenue Code or section 149 Income Tax Act of the Canadian Revenue Agency and its status as a public and/or registered charity as defined by Section 509(a)(1), (2), or (3) in the US or the Charities Directorate in Canada.

Place2Give may contact prospective grant recipients to obtain information about their charitable activities before approving a grant recommendation. Place2Give, at its sole discretion, may also perform additional research when it has reason to believe that grant funds may result in private benefit to an Account Holder, Additional Advisor, or related party, or that the grant would violate Place2Give policies. Place2Give reserves the right to take appropriate legal action if it determines that grant funds have been knowingly used improperly.

Additional Due Diligence

Please be advised that in the case of certain grant recommendations, Place2Give reserves the right to perform additional due diligence and to decline to make the recommended grant in such cases where:

the grant will confer a more than incidental benefit on any Account Holder or other related third party
the grant will be used for lobbying, for political contributions, or to support political campaign activities
the grant will be used for religious purposes or proselytizing a specific religion
the grant may be used for terrorist activities
we cannot clearly see the line of use of proceeds from disbursement to implementation
the grant will be used for improper purposes
the Primary Account Holder or related persons control the organization
Place2Give provides a substantial portion of the organization’s public support
dictated by other reasons in accordance with Place2Give policies

In such cases, remedial actions may include but are not limited to requiring that the grant be returned or that the Primary or Additional Donors make an additional non-deductible contribution.

If Place2Give discovers that grants have been made for improper purposes, it will take remedial action. This may include, but is not limited to, a requirement that the grant recipient return the grant and/or the termination of Account Holders’ or Advisors’ privileges and the transfer of account assets to the Fund’s General Fund.

If a charity or its principals are under investigation, the Program reserves the right to freeze any granting to that charity until the investigation is resolved.

Place2Give will not approve grant requests for amounts greater than the available balance in the Account Holder’s DAF account.

If a grant recommendation is not approved, Place2Give will notify the Primary Account Holder, explain the reason(s) for denying the request, and suggest an alternative solution to satisfy the Account Holders’ philanthropic intent. Account Holders and/or Advisors may also decide whether to submit an alternative grant recommendation.

In the event of several grant requests that violate the Program’s guidelines, Place2Give reserves the right to transfer account assets to the General Fund.

Place2Give will work with the Primary Account Holder to help craft a giving portfolio that meets the requirements of the Foundation and the mandate and spirit of the Fund that was created. Additional philanthropy advising services are provided through consulting services offered by Gena Rotstein (www.genarotstein.com) and Karma & Cents Inc. (www.KarmaAndCents.com).

Donor Agreement for transactions made through Place2Give.com

Background information

A. Place2Give Foundation is the owner of an Internet portal located at http://www.place2give.com (the "Site") which, among other things: (a) provides electronic funds transfer services, receipting and other services to facilitate on-line donations to charities; and (b) lists various charities to which Users may donate.

B. The Donor wishes to obtain and Place2Give wishes to provide the electronic funds transfer services, receipting and other services to facilitate on-line donations.

IN CONSIDERATION of the promises and mutual obligations contained herein and for other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, The Donor and Place2Give agree as follows:

OBLIGATIONS OF PLACE2GIVE

Maintaining the Place2Give list of charities:

Each quarter we update the list of organizations with information provided by the CRA, IRS, the charities themselves and any additional research we have undertaken. This list is curated by our users and is not a catalogue of all registered charities in Canada or 501c(3)s in the United State. If your charity of choice isn’t listed please email us at info@place2give.com with the name of the organization, the location of its operations and we will reach out to them. If you are a representative of the charity, please make sure you provide us with your charity’s BN (Canada) or EIN (US) so that we can better serve you.

If your organization has yet to do an annual filing, we will not have that information until the CRA or the IRS has processed that paperwork.

Contributions

Contributions can be made when an account is opened, as a grant is recommended, or at any other time. When a contribution is received from a Donor without an account for the purposes supporting an already existing DAF, an account will be created automatically. Contributions to already existing funds are accepted at anytime through Place2Give website, via cheque to either the Place2Give Foundation office in Calgary, Alberta, Canada or the Place2Give Foundation – US Inc. office in Tacoma, Washington, USA.

Place2Give Foundation accepts donations in the form securities, cash and insurance policies. Securities are sold within 24 hours of receipt or on the next business day.

Contributions Are Irrevocable And Unconditional

Contributions are not refundable and are assets owned and held by the Fund. The Fund retains exclusive legal control over all contributed assets and any future related earnings.

Eligible Types of Contributions

The Fund accepts cash and cash equivalents in Canadian or US dollars, drawn from Canadian or US financial institutions, and delivered by cheque, electronic funds transfer, debit card, or credit card.

The Fund reserves the right to review and reject any contribution to the Program for any reason whatsoever. Any contribution that is not accepted will be returned as soon as possible.

Minimum Contributions – Place2Give.com

$10 in the currency of residency is the required minimum for donating to a charity through Place2Give.

Processing Contributions

Confirming Contributions

Primary Account Holders may receive notification of third-party contributions, such as an employer match, but such notification is not a tax receipt.

Tax Considerations

Charitable Deductions

Please also note that Account Holders may not claim a tax deduction for contributions to their account(s) by other Donors, such as an employer match, or a gift card.

Deductibility

With cash and cash equivalents, a Donor is entitled to claim the exact amount of the contribution as a deduction.

Refund

If after a Donation has been transferred by Place2Give in full to the selected charity such Donation is thereafter rejected or reversed for any or no reason, including payments made in error, credit card chargebacks, NSF, refund requests, suspected or actual fraud, in whole or in part, Client will be liable to refund such rejected Donation amount in full to Place2Give Foundation and will reimburse Place2Give Foundation for any directly related out-of-pocket expenses and reasonable administrative costs incurred by Place2Give Foundation related thereto (collectively, the “Refund Amount”). Place2Give will debit the Client Account for the full Refund Amount in accordance with the Banking Information Form.

Indemnification of Licensor.

Donor to Place2Give Foundation will indemnify and hold harmless Licensor and Licensor’s affiliates, officers, directors, agents, contractors, and employees, from and against any Losses arising out of or resulting from Donor’s use of Place2Give.com, from any use of publication of any Charity Data, from alleged or actual infringement by Donor’s affiliates, officers, directors, agents, contractors, and employees, of any intellectual property or other right of any person or entity, and from any breach by Donor of this Agreement.

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