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A legal disclaimer

Cultivating Generosity – Terms and Conditions

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Effective Date: November 11, 2025
Last Updated: November 11, 2025

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Introduction

Welcome to Cultivating Generosity. These Terms and Conditions (“Terms”) govern your use of our services, website, materials, and digital resources.
By engaging our services or accessing our website, you agree to be bound by these Terms and any associated policies (including our Privacy Policy, Refund Policy, and Accessibility Statement).

If you do not agree with any part of these Terms, please do not use our services.

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Services

Cultivating Generosity provides professional consulting, fundraising strategy, training, and communications services to nonprofit and charitable organizations in Canada.

All services are delivered according to a written proposal or contract that outlines scope, deliverables, timelines, and fees.
We reserve the right to modify, enhance, or discontinue any service at our discretion, provided that active contracts will always be honored or refunded in accordance with our Refund Policy.

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Professional Standards

Cultivating Generosity adheres to the Association of Fundraising Professionals (AFP) Code of Ethical Standards, ensuring transparency, integrity, and confidentiality in all client relationships.
We will:

  • Maintain confidentiality regarding all client information;

  • Avoid conflicts of interest;

  • Provide services with professionalism, competence, and care; and

  • Comply with applicable laws and regulations, including those governing charitable solicitation and fundraising practice.
     

Fees, Payment, and Invoicing

  • Fees and payment terms are outlined in each client agreement or proposal.

  • Deposits are typically non-refundable once work begins, unless otherwise specified.

  • Payments are due as stated on the invoice (usually within 30 days).

  • Late payments may incur interest at a rate of 2% per month (24% per annum) after 30 days, unless otherwise agreed.

  • All fees are subject to applicable Canadian taxes (HST).

Invoices are issued in compliance with the Canada Revenue Agency (CRA) requirements for professional services.

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Intellectual Property

All content, materials, and resources created by Cultivating Generosity during the course of service—including templates, strategies, tools, and written materials—remain the intellectual property of Cultivating Generosity unless otherwise agreed in writing.

Clients are granted a non-exclusive, non-transferable license to use deliverables solely for internal organizational purposes.
Clients may not resell, distribute, or reproduce materials without express written permission.

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Client Responsibilities

To ensure successful outcomes, clients agree to:

  • Provide accurate and timely information as needed for project completion;

  • Respond to communications and approvals in a timely manner;

  • Respect intellectual property and confidentiality terms; and

  • Refrain from unlawful or unethical use of Cultivating Generosity materials.

Cultivating Generosity is not responsible for delays or project impacts caused by incomplete, inaccurate, or late information from the client.

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Confidentiality

All information shared between Cultivating Generosity and the client will be treated as confidential and used solely for the purpose of delivering contracted services.

We will not disclose, share, or reproduce any confidential information except:

  • With written consent from the client;

  • To subcontractors bound by confidentiality agreements; or

  • As required by law or court order.

This obligation survives the termination or completion of the agreement.

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Data Protection and Privacy

We comply with all applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and Ontario privacy regulations (FIPPA, PHIPA).

Personal information is collected, used, and safeguarded according to our Privacy Policy, which is available at <<Insert Website>>.

Clients agree to comply with all applicable privacy laws when sharing donor, employee, or stakeholder data with us.

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Termination of Services

Either party may terminate a contract with written notice under the following conditions:

  • For convenience: With at least 14 days’ written notice, subject to payment for work completed up to the termination date.

  • For cause: Immediately, if either party breaches a material term of this agreement and fails to remedy it within 10 days of written notice.

Upon termination, all outstanding invoices become immediately due, and any materials created to date will be delivered in proportion to payment received.

 

Limitation of Liability

Cultivating Generosity will perform all services with due care and skill but cannot guarantee specific financial outcomes, donor responses, or fundraising results.

To the fullest extent permitted by law:

  • We are not liable for any indirect, incidental, or consequential damages arising from the use of our services.

  • Our total liability is limited to the total amount paid by the client for the specific services in question.

This limitation applies to all forms of action, whether in contract, tort, negligence, or otherwise.

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Force Majeure

We are not liable for any failure to perform obligations due to circumstances beyond our control, including illness, acts of nature, labor disputes, war, or government restrictions.
In such cases, timelines will be adjusted or services rescheduled in good faith.

 

Non-Solicitation

Clients agree not to directly solicit or hire Cultivating Generosity’s contractors, subcontractors, or collaborators for a period of 12 months following the conclusion of services, without written consent.

 

Governing Law

These Terms are governed by the laws of the Province of Ontario and the applicable laws of Canada.
Any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Ontario.

 

Modifications

Cultivating Generosity may update or revise these Terms periodically to reflect changes in law, best practices, or business operations.
The most current version will always be posted on our website, and material changes will be communicated to active clients.

 

Contact

For questions or concerns regarding these Terms and Conditions, please contact:

Cultivating Generosity
Attn: Client Relations
Email: <info@cultivatinggenerosity.ca>
Mailing Address: <<Mailing Address>>
Phone: 249-535-1501

 

Compliance Summary
This Terms and Conditions document complies with:

  • Ontario Consumer Protection Act (2002)

  • PIPEDA (federal privacy law)

  • FIPPA / PHIPA (Ontario privacy regulations)

  • CRA invoicing and tax rules

  • Canadian professional consulting and fundraising ethics standards

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