User Agreement for Consultants
This User Agreement is related to the Nonprofit Builder website, which is operated by Imaginate Solutions Sàrl (Switzerland) (referred to henceforth as Imaginate) as a service to the participating foundations. Imaginate is the responsible entity with regards to this User Agreement.
Please take a moment to read this User Agreement carefully. If you have any questions about it, please contact us at email@example.com.
Last updated: 8 February 2020
1. What is the Nonprofit Builder?
The Nonprofit Builder is a resource website for capacity building (organisational development) of nonprofit organisations. Its aim is to make it easier for foundation grantees to access capacity building support, and as part of a wider project to make nonprofit capacity building more efficient, collaborative and accessible. It currently contains a directory of vetted consultants who provide organisational development services to nonprofits, a directory of trainings, and a resource library.
2. Users and User Access
The Nonprofit Builder’s users, for the purpose of this agreement, are 1) foundation grantees seeking capacity building support, 2) foundation programme officers helping them find support opportunities, and 3) the vetted consultants with profiles in the database.
The Nonprofit Builder’s administrators provide users with accounts with logins and passwords which are necessary to access most of the content. Users must not share their Nonprofit Builder access credentials with third parties.
Consultants have special user accounts that allow them to update their profiles in the directory. They are free to edit the content in their profiles and can suspend or delete their accounts and profiles at any moment, without notice, if they no longer wish to be listed. They agree to keep their profiles accurate and up to date.
The Consultant database and the Training database are only accessible to users with logins, meaning the consultants listed, foundation staff and grantees, and the administrators.
3. Consultants & Consultants database
The purpose of the consultant database is to provide participating nonprofits with service providers they can absolutely trust in terms of professionalism, values, and commitment.
At the same time, we have the aim to grow a very diverse community of consultants, to represent a broad range of expertise, methodologies, and cultures, so every participating nonprofit will find good matches for their needs, and so that we are sure to capture and nurture the capacity building talent of the future.
This means we need to balance a need for demonstrated excellence with an openness to experimentation, to give a real chance to promising people and approaches, and to accept that sometimes mistakes can be made as part of a learning process.
This leads us to the following rules to set the boundaries of the community:
- It is not an open pool of consultants but a closed one: consultants are invited to join by the foundations.
- The foundation may withdraw this invitation as its discretion, meaning the consultant’s profile will be deleted.
- However members of the community – i.e. foundations staff, nonprofits and consultants – have a responsibility to help source talented consultants. If they know someone excellent or especially promising, they should refer that prospective consultant to the Nonprofit Builder administrators.
Consultants are responsible to maintain their profile up to date, and to use a password that cannot be easily cracked.
4. Contracting of consultants
We do not contract consultants directly. Consultants are either contracted directly by the foundation or by its grantees. Imaginate therefore bears no legal responsibility with regards to such contracts to which it is not party.
The Nonprofit Builder is free of charge to the consultants and the foundation grantees who use the service.
Operating costs are covered by the foundations who are member, and pay a yearly fee to Imaginate to run the Nonprofit Builder service.
6. Owner, administrators, legal domicile and applicable law
The Nonprofit Builder brand and website are owned by Imaginate Sàrl (LLC under Swiss law, based in Coppet, Canton of Vaud, Switzerland.
Oak Foundation contributed the funding to develop the initial version of the website.
The administrator and contact person is Daniel D’Esposito, and he can be reached at firstname.lastname@example.org.
The legal domicile for any litigation is the Canton of Vaud, Switzerland.
The applicable law is therefore Swiss civil law. For questions related to personal data, Swiss Federal Data Protection Act and the Data Protection Ordinance. With regards to users in the European Union, the General Data Protection Regulation (GDPR) also applies.
7. Changes to the User Agreement
All users will be notified by email of any change to this User Agreement, with at least 30 days notice. Changes will also notified on the Nonprofit Builder website.