DONATION TERMS AND CONDITIONS
of the Aid Fund Foundation - Nadační fond pomoci
These Donation Terms and Conditions (hereinafter referred to as the "Donation Conditions") regulate the conditions for the establishment of the project collection within the framework of the project znesnáze21 in favour of the Person in Need (hereinafter referred to as the "Project Collection"), the rights and obligations arising on the basis of the concluded Donation Contract between the Donor and the Aid Foundation Fund, ID No. 243 03 437, with its registered office at Zapova 1559/18, Smíchov, 150 00 Prague 5, registered in the Foundation Register maintained by the Municipal Court in Prague under the file mark N 915 (hereinafter as the „Aid Foundation Fund“), as the intermediary of the monetary donation for the Beneficiary as well as rights and obligations resulting from the Agreement about Providing the endowment contribution between the Beneficiary and the Help foundation.
In these Donation Terms and Conditions, bank account means the bank account No. 4004040040/5500, maintained with Raiffeisenbank a.s., established for the purposes of the public collection by the Aid Foundation Fund, to which Donors may send their donations for the Needy. Variable symbol for sending donation payments for the Needy will always be indicated at the respective Project collection.
For the purposes of these Donation Terms and Conditions, a Donor means a natural person, an entrepreneurial natural person or a legal entity that sends funds to the Bank Account for the purpose of supporting the Project Collection to help the Needy.
In these Donation Terms and Conditions, a gift agreement means an agreement between the Donor and the Foundation Aid Fund within the meaning of Section 2055 et seq. of the Civil Code, through which the Donor transfers ownership of the funds intended for the Person in Need to the Aid Foundation Fund.
The Civil Code, in these Donation Conditions, means Act No. 89/2012 Coll., the Civil Code, as amended.
For the purposes of these Donation Terms and Conditions, the Beneficiary means the Beneficiary after the completion of the Project Collection established for his/her benefit and the sending of the financial aid collected, reduced by the Project Collection Fee, from the Bank Account by the Foundation Aid Fund.
Under these Donation Terms and Conditions, a fee means the fee intended to cover costs connected with organizing the Project collection in the amount of 4 % according to the section 23, paragraph 2 of the Act 117/2001 Collection., on Public Collections and on Amendments to Certain Acts (Act on Public Collections), as amended (hereinafter referred to as the "Public Collections Act"), which shall be automatically paid before the sum collected in the Project Collection is sent from the funds raised in the Project Collection to the Needy.
Under these Donation Terms and Conditions, a Person in Need (Needy) means an individual who is in a difficult life situation and for whom the Project Collection is organized.
Endowment Contribution Agreement means, in these Donation Terms and Conditions, an agreement made between the Needy and the Aid Foundation Fund according to which the Aid Foundation Fund will make an Endowment Contribution to the Needy to establish a Project Collection in the amount of the total amount raised in the Project Collection less the Fee.
A Project Collection, under these terms and conditions, means a collection established within the project znesnáze21 as a Project Collection for the sake of the Needy based on the application for establishment of such Project Collection filled via the Web pages of the Aid Foundation; such Project Collection shall generally run for 1 to 3 months since the day of its launch, depending on the seriousness of its purpose; each individual project collection being assigned its own variable symbol.
Web Pages, under these Donation Terms and Conditions, mean internet pages www.znesnaze21.cz of the Aid Foundation Fund established for the project znesnáze21.
znesnáze21, in these Donation Terms and Conditions, means a project of the Foundation Fund established for the purpose of running Project collections for the Needy and subsequent a provision of the endowment contributions in the amounts of sums collected within the individual Project Collections less the Fee.
For the purposes of these Donation Terms and Conditions, an Applicant is a natural person, an entrepreneurial natural person or a legal entity that has filled out the form via the Website requesting the launch of a Project Collection for a Person in Need. The Applicant and the Beneficiary can be the same person.
II. Basic regulations
- These Donation terms and conditions regulate in particular mutual rights and obligations between the Applicant and the Aid Foundation Fund and mutual rights and obligations between the Donor and the Aid Foundation Fund based on the Donation agreement, mutual rights and obligations between the Beneficiary and the Aid Foundation Fund arising from the concluded Endowment Contribution Agreement, and last but not least any mutual rights and obligations arising in accordance with the Project Collection operation.
- Acceptance of these Endowment Conditions by the Applicant, the Needy, or the Beneficiary is a condition for the establishment and holding of the Project collection, the acceptance of donations from Donors and the subsequent provision of the Foundation contribution equal to the sum collected in the Project Collection less the Fee to the Needy.
- By submitting the request to establish a Project collection for the benefit of the Needy, by the Needy expressly agreeing with establishment of such collection for their benefit or by making a financial donation an agreement is expressed with these Donation conditions and the obligation to abide by them.
- When sending a request to start a Project Collection for the Needy the project znesnáze21, organizing a Project Collection for the Needy, donating money to the Bank Account, personal data is provided, e.g.name and surname, date of birth, address, e-mail addresses etc. More detailed conditions and guidelines of personal data processing are regulated in the document Guidelines of personal data processing.
III. Establishing a Project Collection
- For establishing a project collection the Applicant must fill the application form for establishing a Project collection; this form is available on the Web pages. In this form, the Applicant is required to fill their personal data and, where applicable, the data of the Needy. The applicant is entitled to attach to this form an audio-visual work that clearly shows the Needy person's plight or other intention to help others in need, and other documents proving the fulfilment of the purpose for which the Project Collection is to be established (medical documentation of the Person in need, information about a natural event that resulted in the needy person's plight, etc.).
- The applicant hereby commits to ensure that any licensing of an audio-visual work uploaded to the application for the establishment of the project collection will be granted in accordance with the provisions of Section 12 paragraph 1/2000 Collection, Act on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), on the basis of which the Aid Foundation will be entitled to publish the audio-visual work provided to it by the Applicant in which the story of the Needy about their difficult life situation or other plans to help other individuals in need will be depicted.
- When submitting the application form for the establishment of the Project collection, the Applicant is obliged to express their agreement with the declaration in the wording according to the person of the Applicant (natural person, legal person), Consent to processing of special personal data and confirmation of familiarity with the principles of personal data processing, with the Donation Terms and Conditions and the License Agreement.
- If the person of the Applicant is different from the person of the Needy, the Applicant is obliged to ensure that the consent of the Needy used for the establishment of the Project Collection in their favour together with their certified signature or a copy of their ID card, driver's licence or passport is uploaded through the Applicant's account established for the purpose of tracking the status of the establishment and administration of the Project Collection (hereinafter referred to as the "Account").
- After the form for the establishment of the Project Collection has been completed and submitted, it is processed by the Aid Foundation Fund staff to assess the purpose of the proposed Project Collection.
- If the Applicant fails to meet all the above conditions, in particular producing the necessary documentation, within the period of 21 days at most since the date of submission of the application form for the establishment of the Project Collection for the Needy, the Project Collection will not be established, without any effect to the right to organize other collections for other Needy people by the Foundation under the project znesnáze21.
- After establishing the Project Collection for the Needy person, the collection will be given a variable symbol under which the Donors can make their donations according Article IV. of these Donation Conditions , which will distinguish the Project Collection from other project collections held by the Aid Foundation Fund.
- The Applicant can complete the Project Collection Application Form repeatedly; up to a maximum of four Collections per calendar year. However, the earliest you can apply is 90 days after the end of the previous Project Collection.
IV. Making Donations by the Donors
- Once the Project Collection is established, the purpose of the Project Collection, the duration of the Project Collection, the Bank Account to which Donors can send their donations if they wish to support the Needy, and a variable symbol distinguishing this Project Collection from other collections organized by the Aid Foundation will be published on the Website.
- By sending a financial donation to the Bank Account and indicating the variable symbol of the respective Project Collection, a Donation Contract is concluded between the Donor and the Aid Foundation Fund as the donee.
- Names or trademarks (names of legal entities) of the Donors will not be published anywhere by the Aid Foundation, unless it is the explicit wish of the Donor, expressed in a written form, sent to the address of the registered office of the Aid Foundation, by sending it to the e-mail address of the Aid Foundation: email@example.com, or via a message to the recipient when sending funds to the Bank Account.
- Based on a written request sent to the address of the Aid Foundation, Boleslavova 11, Prague, by sending it to the e-mail address of the Aid Foundation firstname.lastname@example.org, or via a message to the recipient when sending funds to the Bank Account, the Aid Foundation is obliged to issue the Donor a donation certificate. The condition for issuing the donation certificate is the submitting the name, date of birth and the permanent address in the case of a natural person; name, ID number and registered office in the case of a legal entity or an entrepreneurial natural person.
- The donors can send financial donations via the following payment method
- payment card
- by bank transfer
V. Providing the endowment contribution by the Aid Foundation
- Upon completion of the Project Collection, an Endowment Contribution Agreement will be signed between the Aid Foundation Fund and the Needy. The collected amount of money less the Fee will be sent to the Needy, usually to the bank account communicated to the Aid Foundation Fund, either by completing the Project Collection Application Form, if the Applicant and the Needy are the same person, or by means of the Needy's declaration of consent to the Project Collection for their benefit, within 30 days since the signing of the Foundation Contribution Agreement.
- According to the Endowment Contribution Agreement, the Needy accepts into his/her sole ownership a sum of money equal to the total amount raised in the established Project Collection less the Fee and agrees to use it solely for the purposes for which the Project Collection was organized.
- If it is not possible to provide the endowment contribution to the Needy, particularly due to the termination of the purpose of the Project Collection after its launch or in the interim period between its termination and the provision of the Foundation contribution to the Needy (e.g. death of the Needy) the Aid Foundation is obliged to publish information about this fact on its Website, while at the same time setting a deadline of at least 7 days for sending requests from Donors, who have sent funds to help the Needy within the framework of such terminated Project Collection, for the return of their monetary contributions. The Donors are entitled to send such request to the Aid Foundation Fund via e-mail to email@example.com. Upon the expiration of the time limit specified, the Aid Foundation shall be entitled to use the remaining funds collected under such Project Collection for a similar purpose as that for which the Project Collection was established. The Aid Foundation undertakes to inform about the use of this endowment on its Website
VI. Use of the provided foundation endowment
- The Beneficiary is entitled to use the provided foundation endowment provided to them on the basis of the Foundation Contribution Agreement only for the purpose envisaged by the Project Collection.
- The Aid Foundation Fund is entitled to request documentation from the Beneficiary proving the use of the Endowment contribution and the Beneficiary undertakes to provide the Aid Foundation Fund with such documentation.
- Failure to comply with the Beneficiary's obligations under this Article of these Donation Terms and Conditions shall give rise to the obligation of the Beneficiary to return the Foundation Endowment to the Aid Foundation Fund based on the Foundation Contribution Agreement within 30 days from the date of the request for return of the Foundation Endowment received from the Aid Foundation Fund.
VII. Common and final provisions
- The Aid Foundation Fund declares that, on the basis of the certificate issued by the Prague City Council on 6 December 2019, No. MHMP2378325/2019, file no. 2232388/2019, it is authorized to operate public collections in accordance with the Act on Public Collections.
- All contractual relations envisaged by these Donation Terms and Conditions are concluded in accordance with the law of the Czech Republic. Mutual relations not regulated by these Donation Conditions are governed by the Civil Code, the Act on Public Collections, by the Regulation (EU) 2016/679 of the European Parliament and of the (European) Council of 27 April 2016 on the protection of natural persons with regard to processing of personal data, as amended and in force, as well as related regulations. At the same time, these contractual relations are subject to the relevant legislation of the European Union.
- All legal disputes between the Aid Foundation and the Needy, respectively the Donor, the Applicant or the Donor, will be resolved by the factually and locally competent courts of the Czech Republic.
- These Donation Terms and Conditions shall come into force and effect on 21 December 2019.