General Terms and Conditions valid from 19/02/2025

1 Scope

1.1 Wikando GmbH, headquartered at Schießgrabenstr. 32, 86150 Augsburg (hereinafter referred to as “Wikando”), provides organisations, companies, foundations, institutions, and political parties (hereinafter referred to as “Customer”) with a digital fundraising platform under the name “FundraisingBox.” This platform includes features and integrations for payment processing, donation and data management, donor communication, relationship management, task management, and the automation of organisational processes. Wikando’s services are not intended for consumers within the meaning of § 13 of the German Civil Code (BGB).

1.2 These “General Terms and Conditions” (hereinafter also referred to as “Terms”) apply to all agreements with Wikando regarding the services of FundraisingBox and Wikando, as well as any (service) provisions related to the availability of FundraisingBox. This includes services in areas such as communication, web design, content management, customer relationship management, or payment processing. The Terms apply to both current and future individual orders, unless expressly agreed otherwise between the parties in a written agreement (e.g., in a specific offer or order). 

1.3 The (service) provisions of Wikando are exclusively intended for customers with a registered office within the European Economic Area (EEA), Switzerland, and the United Kingdom (UK). Wikando does not enter into contracts with customers outside this area. Wikando reserves the right to assess exceptions on a case-by-case basis at its sole discretion. This does not constitute a legal entitlement.

2 Conclusion of Contract, Access Credentials, and Account Holder

2.1 The contract for the services of FundraisingBox is concluded when the customer confirms the online contract form provided by Wikando.

2.2 When concluding the contract with Wikando, the customer generates a password, which, in combination with the specified email address, is required for further use of FundraisingBox. These initial access credentials are assigned to the user concluding the contract.  The customer confirms that this user is authorised to make legally binding declarations on behalf of the customer for the duration of the contract. This includes ordering or cancelling additional FundraisingBox services, as well as commissioning further consulting and project services. In these terms, this user is referred to as the “Account Holder.” Orders for services must be placed by the Account Holder in text form or through the FundraisingBox store. Similarly, the termination of services must also be carried out by the Account Holder in text form.

2.3 Only the Account Holder can create additional users in FundraisingBox, depending on the booked service package. Each user can manage their own usage data within FundraisingBox.  However, users are only authorised to legally represent the customer and commission additional services if the Account Holder has explicitly granted them the necessary permissions.

2.4 A change of Account Holder on the customer’s side can be carried out by the current Account Holder within FundraisingBox. Once the change is made, the previous Account Holder loses their status, and the new Account Holder assumes their role. The new Account Holder is then exclusively authorised to make legally binding declarations on behalf of the customer within FundraisingBox.

3 Contractual object

3.1 Wikando provides FundraisingBox as a Software-as-a-Service (SaaS) solution, which can be accessed with varying levels of functionality and service scope. 

3.2 The scope and functionalities agreed upon with the customer are determined by the arrangements made at the time of contract conclusion.Subsequent changes can be made by mutual agreement in text form during the contract term.

3.3 Wikando upholds the corporate values outlined in our values framework and collaborates only with customers who share these principles. Our values serve as a binding guideline that supplements these General Terms and Conditions (GTC). Upon contract conclusion, Wikando will first assess whether the customer’s organisation aligns with our corporate values. Additionally, Wikando reserves the right to conduct regular reviews to ensure that customers continue to uphold these shared principles. Wikando firmly believes that cooperation should only be established and maintained if both parties share a sufficient alignment in fundamental values. If the customer’s values, as described in our value guidelines, do not or no longer align with those of Wikando, Wikando is entitled to an extraordinary and immediate termination right without notice.     

3.4 The FundraisingBox is based on software developed by Wikando. All rights to this software are exclusively held by Wikando. The customer has no entitlement to the transfer of rights to the FundraisingBox software, except for the usage rights granted under Section 10 of these terms. 

3.5 Wikando reserves the right to make changes, additions, or extensions to the FundraisingBox software at any time, which may also affect the scope of services during the contract term. The customer acknowledges and agrees that such modifications may lead to changes, additions, or extensions of the FundraisingBox’s scope of services. If a change is unreasonable for the customer or jeopardises the purpose of the contract, the customer may terminate the contract with a notice period of 30 days. 

3.6 Wikando will inform the customer in advance about any changes to the FundraisingBox that result from the release of new versions.

3.7 The FundraisingBox allows the integration of third-party services into its platform. A store within the FundraisingBox provides an overview of all available integrations and their descriptions. The availability of these integrations for the customer may depend on the specific service package booked. Wikando reserves the right to modify the range of available integrations, particularly if a third-party provider updates or discontinues an integration. These integrations are provided and managed solely by the respective third-party providers. 

3.8 Integratable third-party services are not services provided by Wikando. The third-party provider may require the customer to agree to specific terms of use or contractual conditions before using the integration. A separate contractual relationship is established between the customer and the third-party provider for the use of these integrations or services, which may be subject to additional costs. Wikando’s service includes providing a functional interface to the third-party provider’s service at the time of contract conclusion. If the third-party provider modifies its services or interface during the contract term, Wikando commits to re-establishing the connection within a reasonable timeframe, provided this is feasible with an economically reasonable effort. However, Wikando does not guarantee that the third-party provider’s services will remain available throughout the contract term if the provider changes its service scope or interface.

3.9 In individual cases, it may be possible to conclude the agreement for the third-party provider’s services directly within the FundraisingBox platform. However, even in this case, the contract for the third-party provider’s services is established exclusively between the customer and the third-party provider. Wikando does not become a contracting party in this process.

4 Scope of services

4.1 The FundraisingBox software is hosted by Wikando in a data centre. Wikando provides the customer with access to the FundraisingBox via the internet within the agreed scope of services at the designated transfer point. The software itself is neither delivered nor transferred to the customer. The transfer point for the agreed services is the router exit to the internet at the data centre. Wikando may provide the services owed under this contract, such as hosting or support services, through subcontractors.

4.2 The contractually agreed scope of services, including any additional functionalities, is defined in the service description of the booked service package.

4.3 Customers with a fixed-term contract can request and commission changes to their service package through Wikando’s customer support. If the customer upgrades to a higher service package during an ongoing billing period, the additional functions become available from the moment the account is updated. If the customer switches to a package with a lower scope of services, no refunds will be issued for payments already made under the original contract. 

4.4 The FundraisingBox is unavailable during the regular and irregular maintenance windows required for its operation and hosting. Each week, the FundraisingBox is unavailable from Tuesday at 21:00 to Wednesday at 03:00 due to the scheduled maintenance window. Wikando reserves the right to reschedule this maintenance window and/or introduce additional regular maintenance periods. When determining the timing of a regular maintenance window, Wikando will take the interests of its customers into reasonable consideration. During a maintenance window, the services of the FundraisingBox may not be accessible. 

4.5 Wikando strives to carry out maintenance work exclusively within the regular maintenance window to minimise any impact on the availability of the FundraisingBox software. In urgent cases, such as a system failure or the deployment of security-related patches, Wikando reserves the right to perform maintenance work at short notice outside the regular maintenance window. During such instances, the use of the FundraisingBox may be temporarily restricted or unavailable.

4.6 In the event of interruptions due to force majeure, including strikes or lockouts, the FundraisingBox may also be unavailable or only partially accessible.

5 Storage of Customer Data

5.1 Wikando provides storage space in a data centre of its choice for the data entered by the customer. 

5.2 Wikando does not monitor the legally compliant retention of this data to ensure compliance with the customer’s applicable legal retention and deletion periods, such as those under commercial, tax, or data protection laws. It is the customer’s responsibility to ensure that the proper and lawful storage duration of the data transmitted to FundraisingBox, as well as the data received or retrieved from FundraisingBox, is maintained.

6 Support Services/Error Resolution

6.1 Support requests related to FundraisingBox can be submitted to Wikando via a contact form provided on the website. These requests are processed from Monday to Friday, excluding public holidays in Bavaria and the 8th of August, 24th, and 31st of December each year, between 10:00 and 17:00 (hereinafter referred to as “support hours”).

6.2 Error reports, such as in the case of technical issues, can be submitted to Wikando via a contact form provided on the website. A detailed error description is required for processing.

6.3 As part of error resolution, Wikando is responsible for maintaining the contracted scope of services of the FundraisingBox, which includes fixing any occurring errors.

6.4 An error in Wikando’s service delivery occurs when, during proper use, the service deviates from the agreed specifications in such a way that the agreed functionalities are not provided or are only partially available, or if the service otherwise does not function as intended, resulting in the contractual use being either no longer possible or significantly impaired. 

6.5 Wikando will resolve a reported error within a reasonable timeframe. 

6.6 If error resolution fails within a reasonable timeframe due to reasons attributable to Wikando, the customer may reduce the agreed fee by an appropriate amount for the duration in which the affected FundraisingBox services remain faulty. 

6.7 The right to extraordinary termination remains unaffected.

7 Use and Integration of the FundraisingBox Logo in Applications and Forms

7.1 Unless explicitly agreed otherwise between the customer and Wikando that no mention or integration of the FundraisingBox logo will be included in applications and forms provided via FundraisingBox (so-called white-label versions), Wikando is entitled to reference FundraisingBox by name and/or integrate the FundraisingBox logo in applications and forms provided through FundraisingBox that the customer embeds in their own web presence. Such a reference may include, for example, the phrase “A secure service by FundraisingBox” or another text at Wikando’s discretion. 

7.2 The customer is not permitted to remove the FundraisingBox reference or embedded logo from the applications and forms. 

7.3 If the customer removes a FundraisingBox reference or embedded logo from a provided application or form and does not restore it within a reasonable period set by Wikando after being requested to do so, Wikando is entitled to terminate the contract without notice for good cause.

8 Customer’s Obligations and Duties of Cooperation

8.1 The customer is responsible for ensuring the technical requirements for using FundraisingBox. This includes, in particular:

• 8.1.1 A stable internet connection with sufficient bandwidth.
• 8.1.2 The use of a secure internet connection.
• 8.1.3 The use of one of the following browsers: Google Chrome, Mozilla Firefox, Microsoft Edge, or Safari, in either the latest major version or at most the previous major version. Additionally, cookie usage must be enabled in the browser settings.
• 8.1.4 Hardware that supports a screen resolution of at least 1280 pixels.

8.2 If the technical requirements for using FundraisingBox are not met by the customer, this may lead to limitations in its usability. Wikando is not responsible for such limitations.

8.3 If the customer has any indication that unauthorised third parties have gained access to login credentials, they must inform Wikando immediately.

8.4 When transmitting data to FundraisingBox, the customer must create a backup of this data on their own systems before transmission. In the event of data loss, the customer is responsible for re-uploading the data to FundraisingBox at their own expense. 

8.5 The customer is responsible for implementing IT security measures in accordance with the latest technological standards and must ensure that neither they nor their users transmit harmful data or files, such as malware, including viruses, spyware, or trojans, to Wikando.

8.6 The customer is responsible for the proper setup and administration of the FundraisingBox provided to them. This includes, in particular: 

• Wikando Direct Debit
• Bank Sync 
• Smart Search 
• Wikando QR Code
• Donation receipt processes (e.g., creation, dispatch)
• Email processes and automation (e.g., selection, configuration, double opt-in, automation, etc.)
• Use of external services (e.g., mail servers) 
• Import/Export 
• Configuration of forms and fundraising campaign tools
• Consultation on payment service providers
• Data protection inquiries related to the organisation’s website

The customer’s sole responsibility for setup and administration remains unaffected by any support provided by Wikando’s customer service.

8.7 The customer is obligated to promptly notify Wikando in text form of any service disruptions and to provide a comprehensible description of the issue. Additionally, the customer must provide reasonable support to Wikando in identifying and resolving the issue. Wikando is entitled to propose a reasonable workaround solution to the customer and subsequently eliminate the root cause by adjusting the FundraisingBox.

9 Exclusions of Services

9.1 Unless expressly agreed otherwise in text form between the customer and Wikando, this contract does not obligate Wikando to adapt the FundraisingBox to the customer’s specific requirements. 

9.2 Disruptions, limitations, delays, and other issues arising from the use of the internet or connected third-party services are not the responsibility of Wikando unless Wikando is culpable for them.

10 Usage Rights

10.1 Wikando grants the customer a non-exclusive, non-transferable right to use the agreed FundraisingBox services for the duration of the contract, strictly for the customer’s own internal business purposes and within the contractually agreed scope. The customer is not permitted to modify, reproduce, or make the FundraisingBox available to third parties, either for a fee or free of charge. 

10.2 The contractually agreed number of users is authorised to access and use the FundraisingBox within the scope of the agreed usage rights.

10.3 The customer is not entitled to use the FundraisingBox beyond the contractually agreed scope or to allow other organisations, companies, or third parties to use it for their purposes.

10.4 If the customer has commissioned Wikando for consulting and project services, they receive a non-exclusive, non-transferable right to use the results solely in connection with the use of FundraisingBox. Wikando reserves the right to make results from customised services available to other customers or use them for its own new products.

11 Remuneration

11.1 The customer pays the remuneration agreed upon at the time of contract conclusion for the FundraisingBox services. The amount is determined by the prices specified in the individual order. The remuneration may consist of a fixed fee and/or a variable fee based on usage volume, as well as a possible setup fee.

11.2 In addition, Wikando charges the surcharges specified at the time of contract conclusion for certain services, such as a transaction fee for transactions processed using a FundraisingBox payment extension. The amount of the transaction fee depends on the selected service package. Wikando provides information on the applicable surcharge in the booking form, which the customer must accept when concluding the contract.

11.3 The remuneration may be billed annually or monthly, depending on the individual order. For monthly billing, the usage period begins on the day the account is activated and ends after one month. The fee is due on the first day of the contractually defined usage period and on the same day in the following months. For annual billing, the usage period begins on the day the account is activated and ends after one year. The annual fee corresponds to twelve times the monthly fee and is due in full on the first day of the contractually defined usage period.

11.4 Wikando is entitled to adjust the remuneration rates and prices for the agreed services no more than once per year to reflect changing market conditions, particularly in the case of significant changes in procurement costs, VAT adjustments, or fluctuations in acquisition prices. Such adjustments take effect at the beginning of the next billing period. If the price increase occurs within the last month of the billing period, the affected service or the entire FundraisingBox contract may be terminated in text form within one month of receiving the price adjustment notice, with a notice period of one month. In this case, billing will be calculated pro rata based on the remuneration applicable before the price adjustment.

11.5 All price indications are exclusive of the applicable VAT unless the transaction is exempt from VAT. The customer is responsible for providing proof of VAT exemption. In case of doubt, the customer is obligated to pay the VAT.

11.6 Payment default occurs 30 calendar days after the due date of an invoice.

11.7 If the customer has chosen SEPA direct debit as the payment method, Wikando will inform the customer within a reasonable period about the execution of the direct debit and its completion. The parties agree that the pre-notification period for SEPA direct debits is reduced to five days.

11.8 If the customer has granted Wikando a direct debit authorisation and the debit is not successfully processed due to the customer’s actions (e.g., revocation), the customer is responsible for covering any costs and fees incurred by Wikando as a result of the failed transaction (chargeback).

11.9 The customer is entitled to withhold payments or offset them against counterclaims only if such counterclaims are undisputed or legally established.

12 Data protection

12.1 Wikando and the customer commit to complying with the applicable legal data protection regulations, taking the necessary measures, and continuously monitoring compliance. Wikando’s privacy policy applies and can be accessed here.

12.2 If, under this contract, Wikando collects, processes, or uses personal data on behalf of the customer, Wikando will provide the customer with a Data Processing Agreement (DPA) in accordance with Article 28 GDPR, which must be concluded separately. Without the conclusion of the required DPA, Wikando must terminate the contractual relationship with the customer, as data processing on behalf of the customer cannot take place.

12.3 As the data controller, the customer is responsible for collecting, processing, and using personal data. The customer is solely responsible for ensuring the lawfulness of data collection, processing, and use, as well as for forwarding data to Wikando. The customer must obtain the necessary consents from the individuals whose personal data is collected, processed, or used within the FundraisingBox, provided this is legally required. 

12.4 The customer permits Wikando, where legally allowed, to anonymously evaluate donor data stored in FundraisingBox for the customer, for purposes such as statistical analysis, and to use the evaluation results.

13 Defects

13.1 Wikando is responsible for ensuring the functionality and operational readiness of FundraisingBox in accordance with the contractual agreements. However, Wikando is not liable for material or legal defects in cases of only minor deviations from the agreed specifications or only insignificant impairments of usability. This means that defect claims exist only if:

• 13.1.a During the term of this contract, the proper use of FundraisingBox by the customer is more than insignificantly impaired, or 
• 13.1.b If Wikando has undertaken the provision of a specific work result, the work does not meet the agreed specifications upon transfer to the customer and simultaneously has a more than insignificant defect.

13.2 For defects that were already present when the customer was granted access to FundraisingBox, Wikando is only liable if it is responsible for these defects.

13.3 Wikando is entitled to remedy a defect at its own discretion, either by rectification or workaround (subsequent improvement) or by delivering a replacement.

13.4 All defect claims related to impairments of the proper use of FundraisingBox expire one year after the customer becomes aware of the defect or should have become aware of it without gross negligence. Defect claims regarding a specific work result created by Wikando for the customer expire one year after acceptance of the affected work result. 

13.5 Notwithstanding the above limitation periods, statutory limitation rules apply if Wikando has fraudulently concealed the defect, caused it intentionally or through gross negligence, or has expressly guaranteed the absence of defects.

13.6 Claims for damages or reimbursement of futile expenses due to a defect will only be granted by Wikando within the limitations set out in Section 14.

14 Liability

14.1 Wikando is fully liable for damages or reimbursement of futile expenses, regardless of the legal basis, only in the following cases: Damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by Wikando, its legal representatives, or agents. If the guaranteed characteristics of a service are not present.

14.2 If none of the above cases apply, Wikando’s liability for the breach of an essential contractual obligation is limited to the typical contractual damage that was reasonably foreseeable at the time of contract conclusion

14.3 Any further liability of Wikando for damages or reimbursement of futile expenses is expressly excluded. However, liability under the German Product Liability Act remains unaffected

14.4 Wikando and the customer agree that a maximum of €5,000 per damage event, and a total maximum of €20,000, is sufficient to cover the foreseeable contractual damage at the time of contract conclusion. The customer must inform Wikando before signing the contract if they foresee a higher risk of damage so that the parties can negotiate an appropriate adjustment of the liability limits before entering into the contract.

15 Term and Termination

15.1 The provision of the contractually agreed services begins on the date specified in the contract and initially applies for the duration agreed in the contract. For contracts with a one-month term, either party may terminate the contract with a notice period of two weeks before the contract end, in text form. For contracts with a twelve-month term, either party may terminate the individual order at any time in text form with a notice period of three months before the end of a contract year. Termination by the customer may only be carried out by an authorised person for the account or a legal representative. If a twelve-month contract is not terminated by the end of a contract year, it is automatically extended by an additional twelve months. 

15.2 The right to extraordinary termination for good cause remains unaffected. 

15.3 An important reason for extraordinary termination by Wikando exists in particular

• 15.3.a if the customer is more than 30 calendar days overdue with payment of a due fee, either in full or in part (the decisive factor is the receipt of payment by Wikando),
• 15.3.b if the customer, at the end of a free trial phase at the beginning of the contractual relationship, fails to provide their billing details promptly after being requested to do so.

In these cases, Wikando is entitled to terminate the contract after issuing a prior warning and granting a reasonable deadline for rectification.

15.4 All terminations must be made in text form, such as by email.

16 Deletion of Data Upon Contract Termination

16.1 During the contract term, the customer can export personal and transaction data in the format specified within FundraisingBox. If the customer requires these data beyond the contract term, it is their responsibility to export the data before the contract ends.

16.2 Upon termination of the contract, regardless of the legal basis, the customer will no longer have access to the data stored in FundraisingBox.

16.3 Upon request within four weeks after contract termination, Wikando will provide the customer with the personal and transaction data available at the time of termination on a data carrier, subject to payment of the then-applicable reasonable flat fee. Requests made after this period cannot be fulfilled.

17 Consent for Use as a Reference

17.1 Use of Customer Name and Logo: The customer agrees that Wikando may use their name, logo, and a general description of the collaboration (e.g., industry, services used) for reference purposes. This includes, in particular, use in presentations, on Wikando’s website, in marketing materials, and on social media channels.

17.2 Restrictions on Reference Use: The reference usage will only occur in a positive context and without modification or distortion of the customer’s protected brand elements or content. Sensitive or confidential information exchanged during the collaboration will not be published without explicit consent.

17.3 Customer’s Right to Withdraw Consent: The customer may object to this use at any time with a 30-day notice period. The objection must be submitted to Wikando in text form.