Last Modified: May 19, 2025
This California Charitable Fundraising Platform Disclosure Agreement (“Disclosure Agreement”) forms a part of the Master Solution Agreement (the “Agreement”) entered into by and between OmegaFi Financial, LLC, d/b/a OmegaFi, a Delaware limited liability company (“OmegaFi”) and Customer. Any capitalized terms used in this Disclosure Agreement but not defined shall have the respective meanings given to them in the Agreement. The Parties enter into this Disclosure Agreement to comply with the Act (as defined below). Under the Act, the State of California requires OmegaFi to provide certain disclosures to, and obtain certain donation information from, the Customer, as further set forth below.
a. The total amount of fees charged by OmegaFi for each Donation shall be as set forth in the Agreement (including any documents or agreements incorporated therein);
b. The time period for sending the Donations to the Customer shall be as set forth by Customer’s payment processor, but typically is between two and five days. Customer should confirm with its payment processor the exact timing;
c. Customer has the right to review and approve information on the Platform with respect to the Customer’s solicitation; and
d. Customer is allowed to acknowledge persons who make Donations if the donors choose to share their information with Customer.
Additionally, Customer must provide a conspicuous disclosure to donors about the instances in which it will be deemed ineligible to receive funds as a result of not being in good standing as set forth in Section 4(b) below.
a. Customer shall maintain good standing with the applicable state and federal reporting agencies, including the IRS and, if Customer solicits donations from California residents, the California Attorney General and the California Franchise Tax Board.
b. If Customer is not in good standing, OmegaFi cannot legally permit donations to be made to Customer through the Platform. Accordingly, if the Customer is not in good standing with the IRS, the California Attorney General, and the California Franchise Tax Board, OmegaFi will disable the donation feature on the Platform, or if it is unable to disable such feature, will prohibit Customer from processing any transactions through its payment processor, until Customer regains its good-standing status.
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