This service agreement (the “Agreement”) governs all Board360™ purchases that you (“Buyer”) make
from Nonprofit Enterprise at Work, Inc. (“NEW”). By purchasing Board360™ through NEW's website,
you agree that the purchase is governed by this Agreement.
- Board360™ Services. NEW shall provide to Buyer the following services (“Board360™
- Assessment: An online assessment of Buyer's current nonprofit board
- Analysis: A professional analysis of assessment results
- Report: A report that summarizes the assessment results, and provides NEW's judgment
regarding (1) the nonprofit board's strengths and weaknesses, and (2) recommended low,
medium and high-priority action items for strengthening the board.
- Buyer Responsibilities. Buyer shall provide the following:
- Fee: In consideration for the Board360™ Services performed by NEW, Buyer will pay NEW a
flat fee of $395.00 (for nonprofits with revenue under $250,000.00), $495,00 (for nonprofits
with revenue between $250,000.00 and $750,000.00) or $595.00 (for nonprofits with revenue of
$750,000.00 and above). The fee must be received by NEW prior to the commencement of any
Board360™ Services. A $50.00 handling fee will be added for mailed or faxed payments.
- Trustee Email Addresses: Buyer will provide a valid, active email address for every nonprofit
board member who will participate in the Board360™ online assessment. These email
addresses must be provided with payment.
- Trustee Responses: Buyer will be solely responsible to ensure participation in the online
assessment by its nonprofit board members. These responses must be provided within 14 days
of the date on which NEW receives Buyer's Fee. Buyer confirms that strong participation of
board members in the online assessment is critical for ensuring accurate results.
- No Refund : Buyer agrees that failure to perform its obligations under this section is not a
basis for refund of the Fee.
- Independent Contractor. Nothing in this Agreement shall be construed to create an employeremployee
relationship between NEW and the Buyer. NEW is an independent contractor and not
an employee of Buyer. NEW will not represent to be or hold itself out as an employee of Buyer.
- Confidentiality. In the course of performing Board360™ Services, the parties recognize that
NEW may come in contact with or become familiar with information which Buyer may
consider confidential. NEW agrees to keep all such information confidential and not to discuss
or divulge it to anyone other than appropriate Buyer board members and personnel.
- Disclaimer of Warranties. NEW EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS
WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT
OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, NEW
EXCLUDES ITSELF FROM ANY LIABILITY, WHETHER BASED IN CONTRACT OR
TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, DIRECT,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF
REVENUE OR PROFITS, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING
OUT OF BUYER'S USE OF BOARD360™ SERVICES, EVEN IF NEW HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Entire Agreement and Amendments. This Agreement constitutes the entire agreement of the
parties with regard to Board360™ Services, and replaces and supersedes all other agreements or
understandings, whether written or oral. No amendment or extension of the Agreement shall be
binding unless in writing and signed by both parties.
- Governing Law, Severability. This Agreement shall be governed by the laws of the State of
Michigan. The invalidity or unenforceability of any provision of the Agreement shall not affect
the validity or enforceability of any other provision.