Last Updated: Sept 26, 2020
I would like to provide an opportunity for people to make a financial contribution to Dwayne Harris, LLC ("the Company", "me", "I") and thereby help support my professional and creative endeavors, including website development, support, and content, as well as other planned software projects.
These Terms and Conditions (the "Agreement") govern the relationship between the Company and each donor, including the terms on which donations may be accepted, refused, or returned by the Company. Donations will only be accepted in the form of a one-off payment made directly to the Company as described in this Agreement.
By making a donation, a donor agrees and acknowledges that:
The donation is provided to the Company as an irrevocable gift, subject to any exercise of the donor's right to receive a refund as described below and the right of the Company to return any donation at its discretion.
The donation may be used by the Company for any purposes and/or to support its operations in any areas of its business, including professional and/or creative endeavors and/or payments to vendors or myself; and the donation is made subject to this Agreement, which is legally binding, entered into by each party in consideration of the other's obligations under the Agreement.
Donations will be accepted from individuals as well as any other legal entities (such as companies).
Donors who are individuals must be aged 18 or over and United States residents. All other donors must be incorporated, established and/or registered in the United States (as applicable).
All donations to the Company shall be made through the donations page on dwayne.xyz. Donations will be accepted by the Company for the period during which the donations page is live on dwayne.xyz.
From the moment the donation is processed, the Company will be legally and beneficially entitled to the full amount of the donation and the donor has no entitlement to the return of a donation in any circumstances other than as specified in this Agreement.
The donor shall receive no benefit in return for any donation.
the Company is a for-profit business and donations will be used to support its operations and not dedicated for any charitable purpose. Donations to the Company are not charitable donations under the laws of the United States.
The Company reserves the right to refuse and return any contribution in its absolute discretion, including without limitation where it believes that accepting the contribution would conflict with its values or interests.
Donors shall be entitled to receive a refund of their contribution for up to 14 days after receipt of payment by notifying the Company by email at firstname.lastname@example.org. Any requests for a refund of a contribution received by the Company following expiry of the 14 day period will be ineligible.
Any refused and/or returned contributions shall be repaid into the account from which the contribution was made.
The Company reserves the right to:
Request the full name and contact details of the contributor;
Request from the contributor any other information that it considers to be necessary or desirable to determine the provenance of the contribution;
Undertake any further investigations it deems fit to determine the provenance of the contribution.
If the contributor refuses to provide any information requested, the Company may refuse and return the contribution to the contributor at its discretion.
The Company shall not be liable for any loss suffered by any donor or other person arising out of or in connection with a contribution, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.
A failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of that right or provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States of America and the State of New York without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.
If you have a query or complaint about your contribution, please contact me using the contact details below:
Dwayne Harris, LLC