Terms and Conditions

Donor Pool Builder subscription terms. These terms apply to every Donor Pool Builder subscription, whether purchased online or through a signed proposal. Your order details (coverage area, reports, payment option and fee) are set out at checkout or in your proposal, referred to below as the "Order."

I. Parties

This engagement is entered into between Objective Surveys, LLC, a limited liability company which operates the Donor Pool Builder research program ("OS"), headquartered at 9 Richmondville Ave, Westport, Connecticut 06880, and the subscribing organization ("Client").

II. Term and Renewal

The initial term of the subscription begins on the date of purchase or signature (the "Effective Date") and runs for two (2) years, covering the four reports listed in the Order. At the end of the initial term, and at the end of each renewal term, this agreement renews automatically for a further two-year term on the same terms, unless either party gives notice of non-renewal under Section XV. Any other change to the subscription must be agreed in writing by both parties.

III. Scope of Work

OS will provide Client with the work product described in the Order. Reports follow a standardized structure and cover donor benchmarks for the coverage area specified in the Order. OS may update the report periodically as it adds further insight. Any change to the scope, or any additional sub-report within the coverage area, may change the cost, as agreed between OS and Client.

IV. Confidentiality

All data, information, analysis, methodology, results, documentation, tests, research, surveys, respondent responses, reports, related intellectual property and other deliverables are solely owned by OS and shall be held strictly confidential by Client. Reports are for Client's internal use only and may not be distributed outside Client's organization without OS's express written consent. Client will take all reasonable precautions to protect OS's property rights in the research and any deliverables by maintaining their confidentiality. Should Client furnish, or allow to be furnished, any such information outside Client or its direct subsidiaries, Client agrees to compensate OS for any resulting losses.

V. Methodology

Household responses are collected using an online random sample. This may be supplemented by other methodologies at the discretion of OS.

VI. Sponsorship

The survey is unsponsored in order to reduce respondent bias. Therefore, all data relating to any particular organization, whether open-ended or closed-ended, remain the sole property of OS. OS licenses the use of the data to Client for internal use during the term of this agreement.

VII. Deliverables

Details of the subscription are listed in the Order. Reports will be delivered in PowerPoint, PDF or a similar electronic format. Reports follow OS's standardized format covering the most recent wave of research, and may include prior data. Any additional reports, consultation, workshops, strategy meetings or other work product are subject to separate agreement between Client and OS, including timing, content and pricing.

VIII. Statistical Weight

OS recommends that Client use the reports to supplement other intelligence for business decision-making. The data represent a sample of households in the indicated market areas, not a complete census, and Client agrees to treat the data accordingly.

IX. Data Accuracy

OS uses standard industry practices to ensure data are as accurate as possible, and conducts quality control testing and procedures designed to minimize inaccuracies in data collection and processing. OS is not responsible for the accuracy of any individual response and cannot ensure that each respondent answers each question accurately or to the best of their ability and knowledge. Client acknowledges that all surveying may entail some respondent inaccuracy, and agrees to hold OS harmless with respect to any business decisions or other actions taken as a result of, or by using or referencing, the data in any way.

X. Timing

Benchmark reports are provided semi-annually, typically in Q2 and Q4, based on fieldwork conducted immediately before the reports are released.

XI. Use of Data in Marketing

OS grants Client the right to use specific metrics from the reports in private communications with donors and prospects, in pitch books, and in non-financial sections of its annual report. Client may use its own scores and ranks in this way, but will not use or disclose the scores or ranks of other organizations. OS may release rankings, key factors, scores and related information into the public domain, and Client may respond to its donors and prospects. Any public use of the data, rankings or output, including advertising in newspapers, periodicals, radio, TV, online, mass mailings, email, social media, brochures, fact sheets or any other materials, requires OS's approval of the entire disclosure before release. Client will provide any proposed public disclosure to OS at least 10 business days before distribution, will make any adjustments OS requests to improve the accuracy of public claims, and will cite OS fully and accurately as the source. Incremental licensing fees apply to certain public uses of OS information or the OS name; OS will provide these costs on request, and Client agrees to pay them before release.

XII. Customization

Client may request data analysis beyond the standard report. Any such customization, including drill-downs, must be agreed by Client and OS, including scope, timing and cost.

XIII. Fees

Subscription fees for the coverage area are set out in the Order and represent the fair market value of the information and services provided. Subscription fees are fixed for the current term and may be adjusted at the end of the term. Any discount applies to the specified term only. Fees for any additional work will be agreed before work begins. Applicable sales and use taxes will be added to all totals unless Client provides a valid exemption certificate; any other taxes or charges due are Client's responsibility, and Client agrees to indemnify OS for any failure to pay them. Fees are not refundable.

XIV. Invoicing and Payment

Payment options. Client may pay semi-annually at the standard rate, annually at a 3% discount, or the full two-year term in advance at a 5% discount, as shown in the Order. Discounts reflect the payment schedule, not the method of payment.

Invoicing. OS will invoice the first payment upon execution of this agreement. Each later payment will be invoiced automatically when it falls due, without further notice or action by either party, and any renewal term will be billed the same way. Invoices are payable within 30 days.

Automatic payment. Client may pay by credit card or ACH debit under any option. By providing card or bank account details, Client authorizes OS to charge that account automatically for each fee or installment as it falls due, during the initial term and any renewal term, until this agreement ends under Section XV. Client will keep its payment details current; a declined or failed charge is treated as an unpaid invoice.

Late payment. OS may suspend delivery of reports while any amount is overdue. Overdue amounts incur a late charge of 1.5% per month. Additional work is invoiced separately. Client will supply any required purchase order promptly; a missing purchase order does not delay payment.

XV. Termination and Non-Renewal

The subscription is a two-year commitment. Either party may end the subscription at the close of the current term by giving the other written notice at least 180 days before that term ends; otherwise the subscription renews under Section II. Client's payment obligations for the full current term survive any earlier termination or cancellation by Client. Any automatic payment authorization ends when the subscription ends and all amounts owed have been paid.

XVI. Transferability

Either party may transfer this agreement to any successor entity.

XVII. Entire Agreement

This agreement, including the Order, is the entire agreement between the parties regarding this subscription and supersedes any prior proposals or understandings. It is governed by the laws of the State of Connecticut.

Questions about these terms? Email bruce@donorpoolbuilder.com.