User Agreement - Terms and Conditions
Hillpark School (Hillpark School)
Fundraise Mall Licensing NZ Limited (FRM Hosting)
Fundraise Mall Australasia Limited (FRM Operations)
New Zealand Principals Federation (NZPF)
When the 'We accept' button was clicked by the representative of Hillpark School.
- This agreement sets out the relationship between NZPF, FRM Hosting, FRM Operations, Hillpark School and its community.
- In this agreement FRM Hosting, FRM Operations may be jointly referred to as Fundraise Mall.
- Fundraise Mall is to promote a Fundraise Mall to raise funds for Hillpark School and its community.
- Fundraise Mall has acquired a license from FRM Hosting to use its unique web FRM software to enable Hillpark School to have the ability to promote the sale of goods online to their Hillpark School community, in order to make sales commissions to raise funds.
- Fundraise Mall is permitted and agrees to issue Hillpark School with a sub-license to use the FRM software on the TERMS AND CONDITIONS set out herein and NZPF, Fundraise Mall and Hillpark School agree to be bound by those terms and conditions.
- Hillpark School has engaged FRM Operations to manage the relationship between the Fundraise Mall Stores and Hillpark School.
- The merchandise, goods and services offered on the sites shall hereinafter be referred to as 'goods'.
- The goods will be sold/shipped to the purchaser by third parties hereinafter (Fundraise Mall Stores).
- The goods will be supplied to the purchaser at the price stated on the Fundraise Mall web site as determined by the Fundraise Mall Stores.
- The goods shall be the same price as the goods are for sale on the Fundraise Mall Stores’ own web sites, including any sales discounts or special offers.
- Hillpark School is to receive sales commissions on the sale of the goods. The amount of commission will vary by product type and by the Fundraise Mall Store, it also will vary by category/product, in the range of 3% to 30% or a fixed $ amount. Sales from the Fundraise Mall typically generate a 10% commission.
- The commission margins are very tight but income is potentially large.
- The parties are to split the sales commission earned with four-fifths (80%) going to Hillpark School/NZPF, (75% to Hillpark School & 5% to NZPF) with 20% deducted by FRM Operations as an operations charge. FRM Hosting is to deduct a Software hosting charge of $250 per month.
- Fundraise Mall will account in regard to the sales commission earned by Hillpark School on a monthly/quarterly basis depending on volume, at which time the FRM Operations and FRM Hosting charges will be deducted. This will take place 90 days after the purchase date of the Goods. This time lag is to enable refunds and returned goods to be taken into account. If no commission is made no charges will be billed or deducted.
It is further agreed that
- The Purchaser to Seller relationship is between the purchaser of goods and the Fundraise Mall Stores as described in each of the Fundraise Mall Stores terms and conditions.
- Hillpark School, NZPF and Fundraise Mall have no involvement in the transaction and therefore no legal liability or implied duty.
- The Fundraise Mall Stores shall courier or post the goods to the address supplied by the purchaser in accordance with the terms of supply stated on the Fundraise Mall Stores web sites.
- Hillpark School's communication with Fundraise Mall shall be with an appointed representative of Fundraise Mall as specified in the Fundraise Mall contacts page.
- Hillpark School shall instruct its Webmaster to put a menu item on its school web site and App, linking to the Fundraise Mall.
- Hillpark School shall promote the Fundraise Mall Web Site and the App to the Hillpark School community.
- Hillpark School shall ask its community to download the dedicated Hillpark School App to their phones from the App Store or Google Play.
- Hillpark School agrees to respect the intellectual property of FRM Operations, FRM Hosting and FRM Software and agrees to not seek to circumvent or compete with FRM Operations, FRM Hosting and FRM Software on their own, or with others, in any way. This clause shall remain in force upon termination of this agreement.
- FRM Operations, FRM Hosting and FRM Software reserve their rights to alter/amend charges, terms and conditions at any time without notice.
- No Warranty. The web site services and content are provided on an as is basis. Fundraise Mall does not guarantee that the site services or any content will be error free or uninterrupted, or that defects will be corrected, or that the use of the site will provide any specific results.
- Either Party may terminate this Agreement at any time by removing the other Party’s internet link and by giving contemporaneous email notice.
- Communication by the sending of an email between the Parties shall be sufficient for any notices and correspondence between the Parties.
- Any disputes shall be dealt with in the New Zealand Legal System and Courts as seen fit by the Parties at the time.
Executed by Hillpark School by clicking the "Submit" button on the application form, including the ticking of the terms and conditions boxes:
Schedule of fees and charges payable by Hillpark School
Hillpark School gives authority to Fundraise Mall to deduct Operating charges and Hosting fees from the sales commissions earned by Hillpark School.
Note there is no liability on Hillpark School to pay the charges/fees – if no earnings are made, no fees will be deducted/billed.
There is no roll forward on charges/fees. If a charge is not deducted and billed in any month that charge cannot be rolled forward to the next month and is void.
|Charges & Fees
|Create Customised Fundraise Mall
||Fundraise Mall Licensing [NZ] Limited (FRM Hosting)
||Fundraise Mall Licensing [NZ] Limited (FRM Hosting)
||Maximum $250 per month
|Fundraise Mall - Operations Fee
||Fundraise Mall [Australasia] Limited (FRM Operations)
- Note: fees are plus GST.
- Note: if Hillpark School has been granted Early Adopter status [First 50] the set up fees are reduced to $80.00, a discount of $400.00
Table of typical income to Hillpark School
The tables are based on two assumptions and the charges/fees as stated, together with the average size school.
- Commission income is assumed at 10% (it will vary by category/product in the range of 3% to 30% or a fixed $ amount), 10% is most common.
- Transactions are assumed at $80.00 each (this will vary by product; some products are thousands of dollars).
- The users of a Fundraise Mall will be generated by the School or Club Community which is made up of Children, Parents, Teachers, Staff, Coaches and some Alumni. Communities will vary in size from a few hundred to thousands
- The higher monthly transaction number can be achieved from people that make more than one purchase a month as opposed to one transaction which is what this table displays.
- Monthly transaction number volume will not happen overnight and will take many months to build up.
|Table of estimated Sales Commission Income from Fundraise Mall based on transaction volume per school per Month
|Estimate Monthly Transactions each at
|Monthly Transaction number
|No of Monthly Transactions as % of School Community
|Estimate of Gross Commission (at say)
|FRM Software Hosting Fee (Fixed $250)
|FML Operating Fee (think 2% of the 10%)
|Fundraise Mall Net Monthly Income
|Fundraise Mall Net Annual Income