Greater Giving (formerly AuctionPay) Contract Analysis

Below is a copy of the entire Greater Giving (formerly AuctionPay) contract effective for the year 2008. There are great many areas of concern for nonprofits. My article relates to the copy of the Greater Giving contract found below my article.


A copy of Greater Giving's Client contract was recently forwarded to me by a nonprofit. Greater Giving's main focus, for those of you who do not know, is the business of providing point of payment processing (credit card terminals) to nonprofits and charities. Greater Giving also purchased an auction software company a few years ago, formerly known as Archetype (Archetype originally was available to their customers at a cost of $800 and the company's technical support was totally free. It would appear that Greater Giving's fees have gone up and they now charge a separate fee for their support, unlike Archetype.), and now they also sell this fundraising auction software to Greater Giving clients as well. 

Long story short, I was asked to review this contract and Greater Giving's sign up process by several of my charity auction clients, as I have recently been made aware of these client's receiving what they have termed "threat messages/letters" from Greater Giving (formerly AuctionPay) when these nonprofit clients decided to move their business elsewhere. Greater Giving apparently had sent out notifications of breach of contract to these particular clients when those Greater Giving clients violated the terms of Greater Giving's agreement(s) and contract(s).  

Greater Giving's sign up process occurs online. In Greater Giving's defense, there is a web page that offers the client the ability to choose either a one year or five year contract option. This decision performed by the charity auction client is made by checking a box, indicating that the agreed term will either be one year or five years. In defense of the charity or nonprofit, this form of web page and sign up form is separate from the web page containing Greater Giving's contract. That makes this process more than a little nebulous and confusing since it is obviously separate from the contract page itself. By default Greater Giving has selected the five year box option, and the client must select the one year option to change Greater Giving's default setting. 


For the record, I am by no means advocating (promoting) nor am I denigrating (libel or slander) a charity or nonprofit's choice to use or not to use Greater Giving. I am merely bringing forward the facts, as contained in Greater Giving's contract and only offering my opinion (free speech). How the reader chooses to approach or use this information contained in this narrative is strictly their choice alone. If this information is helpful or useful to a nonprofit or charity in negotiating a contract with Greater Giving, then this will be an independent action and choice that is entered into strictly between Greater Giving and that particular charity. I am not an attorney. However I would recommend, and I have no doubt that Greater Giving would echo this statement, that you should consult with your attorney in seeking any legal clarification pertaining to this contract before signing it. 

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