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Silent Auction Pro™ Services Agreement
SERVICES AGREEMENT
Thank you for choosing Silent Auction Pro™ as your fundraising software solution! This Agreement describes the terms and conditions that apply to your use of the Silent Auction Pro web site, software and services (hereinafter referred to as "The Services"). This document is legally binding and represents the agreement between you and TahoePeaks (d.b.a. Silent Auction Pro™), please read it carefully. By using The Services, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions, you are not authorized to use the Silent Auction Pro web site, software or services (The Services).
LIMITED WARRANTY / LIMITED LIABILITY
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SILENT AUCTION PRO™ DOES NOT WARRANT THAT THE WEBSITE WILL FUNCTION WITHOUT ERROR NOR DO WE WARRANT THAT THE WEBSITE DOES NOT CONTAIN VIRUSES OR OTHER HARMFUL ITEMS. SILENT AUCTION PRO TAKES STEPS TO PROTECT USER DATA FROM ACCESS BY UNAUTHORIZED PERSONS BUT CANNOT GUARANTEE THAT PERSONAL INFORMATION STORED SILENT AUCTION PRO CANNOT BE ACCESSED BY PERSONS WITH MALICIOUS INTENT. IN NO EVENT SHALL THE SUPPLIER, AUTHOR, AUTHORS OR HEIRS BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, BREACH OF PERSONAL DATA, OR LOSS OF PROFITS ARISING OUT OF THE USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW A DISCLAIMER OF AN IMPLIED WARRANTY THE AFOREMENTIONED WARRANTY MAY NOT APPLY TO YOU. IF THIS IS THE CASE, SILENT AUCTION PRO’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SERVICES AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
INTERNET ACCESS AND COMPUTER EQUIPMENT
To use The Services, you must have an Internet Connection and appropriate computer equipment to connect to the Internet and to the World Wide Web. You are responsible for all fees related to your Internet Connection. We are not responsible or liable for the integrity of your Internet Connection at any time before, during or after your event or for secure access to our services at any time. Nor are we responsible or liable for any problems related to your computer equipment.
SUPPORT
Silent Auction Pro™ has an extensive online help system that is designed to answer virtually any question you might have about the system. Please refer to the help system before requesting help via email. Technical support for your use of The Services is provided solely via email. We make every effort to answer all questions within 24 hours during normal working hours 8am - 5pm PST excluding holidays. Phone support and/or onsite technical support may be available at additional cost and must be arranged prior to your event through our sales staff.
SILENT AUCTION PRO'S ROLE
Our role is limited to providing software and services that help you run your fundraising event. We are not responsible for any agreement, contract or transactions between you and your event attendees either online, physically at the event or otherwise. We cannot guarantee the validity or accuracy of any information presented through our Services by users of the system and we therefore provide no warranty and assume no liability for such information. Should a dispute arise between one or more users of the system or between a buyer and seller, you release Silent Auction Pro™ (and all employees, agents or related parties) from any and all claims, damages and demands of all kinds connected in any way or arising from such disputes.
USER ACCOUNTS
Each user of The Services must create a unique login ID and password to access their account. Each user is solely responsible for maintaining the confidentiality of their login information and agrees not to share this information with other users. Silent Auction Pro™ will maintain the confidentiality of your login information and will not share that information with other persons or entities outside our company unless requested to do so by you. Using the forgotten login system where your login and password are emailed to your email address on record constitutes a request by you to share your login information as this information is sent unencrypted through the normal unsecured internet email system. Silent Auction Pro™ is not responsible for unauthorized access to your account resulting from using the forgotten login system. If you believe that your account has been accessed without your authorization, you agree to notify Silent Auction Pro™ immediately.
USER SUBMISSIONS
Part of the functionality provided by The Services allows user to post information on the Silent Auction Pro web site in the form of Contacts, Donations or other postings. As we have no immediate control over what Users may post on the web site, you agree that neither you nor any members allowed into your group will post any fraudulent, deceitful or otherwise misleading information. We assume no responsibility for any such information or information that may be harmful, offensive or distasteful in any way. It is the Group Administrator or Group Administrators responsibility to review and correct any and all information provided by members of their group and they bear the sole responsibility for the accuracy of information provided by their group members.
GROUP INFORMATION
The group information you provide during the creation of your group contains information that we may use to contact you or your organization. You agree to provide true, accurate, complete and current information and to promptly update this information should it change.
GROUP ADMINISTRATOR REGISTRATION DATA
The Group Administrator or Group Administrators are responsible for granting or denying access to the Group account created by the original Group Administrator. Silent Auction Pro™ is not responsible for unauthorized access to your group's data resulting from a Group Administrator granting access to a user who otherwise should not have been granted access.
PRICING
In keeping with "Simple, Affordable, Powerful", Silent Auction Pro™ starts with the AuctionCore™ component which has everything you need run your fundraiser. Depending on your needs and budget, you can add optional components including the AuctionDay™, AuctionOnline™ and AuctionPromoter™ components shown below.AuctionCore™ (Required)Price: $129.00
- Simultaneous, unlimited multi-user system
- Multiple authorization levels for group members
- Contact management
- Easily enter, update and track contacts
- Assign custom affiliation and label tags
- Create email reminders and notes
- Donation management
- Easily enter and track donations
- Customizable donation tags and classes
- Create customized auction item bundles
- Supports multiple auction types (Live Auction, Silent Auction, Raffle, etc.)
- Easily set minimum bids and bid increment amounts
- Support for multi-winner items
- Printed material
- Gift certificates
- Printed bid sheets - full page, half page, bar coded, more...
- Customizable group logo
- Create custom mailing lists and data exports
- Post group announcements
- Detailed event statistics
- PC and Mac compatible
- Auction data is hosted for 1 year.
AuctionDay™ Price: + $149.00 + 1%*
- Attendee management
- Track attendance and ticket sales
- Record table assignments
- Support for group ticket sales
- Check-in / check-out support
- Simple, streamlined check-in / check-out process
- Printed attendees bidder numbers
- Printed attendee info sheets
- Rapid entry of bid results
- Support for bar code readers
- Section count-down timer
- Simple auction results print-outs by section number
- Project winning bid results screen
- Process invoices and accept last minute cash donations
- Accept credit card, cash or check payments
- Record and process ticket sales
- Instantly troubleshoot common questions
- Optional integrated merchant account
- Seamless integrated credit card support
- Securely swipe credit cards via USB based credit card swipers (optional)
- Securely store credit cards and charge them later
- Instant, customizable online ticket purchase page
- Accept cash donations online
- Issue refunds
- Detailed event history auction results report
- Detailed payment history - every transaction is logged
*Note: $149.00 flat fee plus 1% of gross proceeds from your event. Gross proceeds include proceeds from all auctioned items. Cash donations and ticket sales are excluded from the gross proceeds calculation. Total fees are capped at $1500.00 for any single event.
AuctionPromoter™ Price: + $99.00
- Create and print customized donor thank you letters, donation solicition letters, email blasts, forms and more
- Instantly create a publicly viewable online program guide (online program guide may be also be printed)
- Enhance group branding by presenting a full page banner plus key sponsor logos
- Print table tent display sheets including photos and donor logos for each auction item
- Include donation / auction item photos
- Include donor / sponsor logos
- Include links to donor / sponsor websites
AuctionOnline™** Price: + $149.00
- Simple online bidding sign-up
- Offer list and grid based online bidding views
- Zoom-in on auction item photos on the detail page
- Automatic notifications via text and email are sent when high bidder is out-bid
- Personalized online bidding center for each online bidder
- Post online bidder announcements
- Complete online bidding management and status page
**Note: The AuctionDay™ component must also be purchased for online bidding and you must use the integrated credit card processing within Silent Auction Pro.
Other Optional Services:
Contact data import: $99.00
Credit card reader rental: $30/reader (includes one way shipping)
Banner design: Request a Quote
Event staffing: Request a Quote
Custom Reporting: Request a Quote
Silent Auction Pro™ will email the Group Administrator(s) an electronic invoice immediately following your Event. This invoice is immediately due and payable and the amount due shall begin accruing interest at a rate of 18% annually 15 days after the invoice date. You agree to pay the invoiced amount promptly and without hesitation.
- If your event is canceled or you choose not to use Silent Auction Pro after agreeing to this services agreement, you will be charged $129.00 as a cancellation fee regardless of which options you chose for your event.
- Prices are subject to change at any time without notice. (If pricing changes while you have an active event in the system. The price quoted when you created your event will be honored.)
- Prices do not include state or federal tax. You are responsible for paying any applicable state or federal taxes.
- All fees are non-refundable.
