Master Service Agreement
01 Parties
Karnataka 560102
legal@donateazy.com
This Master Service Agreement ("Agreement") governs the relationship between Donateazy ("Service Provider", "we", "us") and the Client ("you", "your organisation"). Together with the Service Order (the plan you selected), this Agreement forms the complete contract between the parties.
In the event of a conflict between this Agreement and the Service Order, the Service Order takes precedence.
02 Services
The Service Provider will provide the Client with access to the Donateazy platform as described in the Service Order. The specific features available depend on the plan the Client has subscribed to.
Uptime commitment: We commit to 99.9% monthly platform availability, measured excluding scheduled maintenance windows. This equates to no more than approximately 43 minutes of unplanned downtime per month.
Scheduled maintenance: We will notify the Client at least 48 hours in advance of any planned maintenance that is expected to cause service interruption. We will schedule such maintenance during low-traffic hours (typically between 1:00 AM and 5:00 AM IST).
The Service Provider reserves the right to modify, improve, or update the platform. Where a change removes a material feature that the Client relies on, we will give 30 days' notice.
03 Support
Platform down, payment failure
Support hours are 9:00 AM to 6:00 PM IST, Monday to Friday, excluding national public holidays. Critical issue support operates on a best-efforts basis outside these hours.
04 Data Processing
The Service Provider processes Client data (including donor data) strictly for the purpose of providing the services described in this Agreement and the Service Order.
Under the Digital Personal Data Protection Act 2023 (DPDPA 2023):
- The Client is the Data Controller for all donor data stored in their Donateazy account
- The Service Provider is the Data Processor, acting on the Client's instructions
The Service Provider will not use Client data for any other purpose, including marketing, product development, or sale to third parties. The Service Provider will assist the Client in responding to data subject requests (access, correction, deletion) as required under DPDPA 2023.
In the event of a data breach affecting Client data, the Service Provider will notify the Client within 72 hours of becoming aware of the breach, and will assist the Client in notifying relevant authorities as required by law.
Please refer to our Privacy Policy for full details of how data is stored, protected, and retained.
05 Confidentiality
Both parties agree to keep the other's confidential information private and not to disclose it to third parties without written consent.
Client's confidential information includes: donor lists, financial records, internal reports, beneficiary data, and any data generated through use of the platform.
Service Provider's confidential information includes: pricing and commercial arrangements, technical implementation details, platform roadmap, and proprietary algorithms.
This confidentiality obligation applies during the term of this Agreement and for five (5) years after its termination. It does not apply to information that is publicly available, independently developed by the receiving party, or required to be disclosed by law or a court order.
06 Data Export on Exit
On termination or expiry of this Agreement, the Client has the right to export all their data from the Donateazy platform in standard formats (CSV and PDF).
The Client will have access to their account for data export purposes for 30 days after the termination date. During this period, the account will be in read-only mode.
After the 30-day export period:
- Client data will be permanently deleted from our active systems
- Backups containing Client data will be purged within 60 days
- Certain records (e.g., donation records and receipts) may be retained for longer if required by Indian tax or charity law
The Service Provider recommends that the Client exports and securely stores copies of their donor records, donation history, and 80G receipts before termination.
07 Compliance Obligations
The Client is solely responsible for:
- The accuracy of all registration details entered into the platform (PAN, 80G certificate number and validity, FCRA registration number, 12A details)
- Timely filing of all statutory returns, including Form 10BD (annual statement of donations), FC-4 (FCRA annual return), and Income Tax returns
- Compliance with the Foreign Contribution (Regulation) Act 2010 if the Client receives foreign donations
- Compliance with the Prevention of Money Laundering Act 2002 (PMLA)
- Compliance with all applicable state laws governing charitable organisations
- Ensuring that donor 80G receipts issued through the platform are correct and valid
The Donateazy platform provides tools to assist with compliance (80G receipt generation, 10BD export, FCRA contribution tracking). These are technical tools and do not constitute legal, tax, or regulatory advice. The Client should engage qualified legal and tax advisors for such advice.
08 Fees and Payment
Platform fees are as stated in the Service Order (the plan selected at signup). Fees are invoiced monthly or annually, as elected by the Client at subscription.
All fees are exclusive of Goods and Services Tax (GST). GST will be charged at the rate applicable at the time of invoicing and will appear separately on the invoice.
Invoices are due within 30 days of the invoice date. Late payment (beyond 30 days of the due date) may result in suspension of the Client's account. The Service Provider will provide 7 days' written notice before suspending an account for non-payment.
The Service Provider reserves the right to revise its fees. Any fee increase will be notified to the Client at least 30 days before it takes effect. The Client may terminate this Agreement before the new fees take effect if they do not accept the increase.
09 Limitation of Liability
The Service Provider's total aggregate liability to the Client for all claims arising under or in connection with this Agreement shall not exceed the total platform fees paid by the Client in the 12 months immediately before the date the claim arises.
Neither party shall be liable to the other for:
- Loss of profits, revenue, or anticipated savings
- Loss of data or corruption of data (beyond the obligations set out in this Agreement)
- Indirect, consequential, or punitive damages of any kind
The limitations in this section do not apply to liability for death or personal injury caused by negligence, or to any liability that cannot be limited under applicable law.
10 Term and Termination
Term: This Agreement begins on the date of the Client's subscription and continues for the period stated in the Service Order (typically month-to-month unless an annual plan is selected). It renews automatically unless terminated.
Termination by either party: Either party may terminate this Agreement by giving 30 days' written notice to the other. Notice should be sent by email to the contact address on file.
Immediate termination by the Service Provider: The Service Provider may terminate this Agreement immediately, without notice, if the Client:
- Commits a material breach of this Agreement that is not remedied within 14 days of written notice
- Is found to have misrepresented its registration status or 80G eligibility
- Uses the platform for fraudulent, illegal, or prohibited purposes
- Becomes insolvent or enters into liquidation
Effect of termination: On termination, the Client's right to access the platform ends (subject to the 30-day export period described in Section 6). All outstanding invoices become immediately due and payable.
11 Governing Law and Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of the Republic of India.
Dispute resolution process:
- Step 1, Direct negotiation: If a dispute arises, either party should notify the other in writing. The parties will then have 30 days to attempt to resolve the dispute through good-faith negotiation between senior representatives.
- Step 2, Mediation: If the dispute is not resolved through negotiation, either party may refer it to mediation through a mutually agreed mediator or a mediation centre in Bengaluru.
- Step 3, Litigation: If mediation does not resolve the dispute within 60 days, either party may refer the dispute to the courts of Bengaluru, Karnataka, which shall have exclusive jurisdiction.
12 Amendments
Any changes to this Agreement require the written consent of both parties. Email confirmation from authorised representatives of both parties is considered valid written consent for the purposes of this clause.
The Service Provider may update the standard Terms of Service and Privacy Policy from time to time as described in those documents. Where such changes materially affect the Client's rights under this Agreement, the Service Provider will provide 30 days' notice before those changes take effect.
Bengaluru, Karnataka, India
For MSA queries or custom arrangements: legal@donateazy.com