Terms & Conditions
GENERAL TERMS AND CONDITIONS
with regard to www.steunactie.nl and www.steunactie.be
OF SPONSOR EUROPE ESTABLISHED IN REEUWIJK, THE NETHERLANDS
Registration number Chamber of Commerce in Rotterdam under number: 59820748
hereinafter referred to as: user
In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise:
The following definitions are used:
User: user of the general terms and conditions (being Sponsor Europe).
Fundraiser: An initiative to raise money for a cause. The fundraiser page on the platform.
Administrator/Organiser: the other party of the user, acting in the exercise of a profession, company, club, association, foundation, school, institution or other organization, group or as an individual in a personal capacity, who has registered on www.steunactie.nl and www. .steunactie.be and initiates and sets up an online fundraising campaign.
Collector: the involved parties, members, volunteers, pupils, students or other individuals who are called upon by the Administrator/Organiser to actively participate with the aim of raising money for the campaign set up by the Administrator/Organiser.
Donor(s): Individuals, organizations and/or companies who donate money to the cause of the fundraiser.
Donation: an amount of money that is donated for the benefit of the fundraiser.
Donation platform: the websites www.steunactie.nl and www.steunactie.be with the associated functionalities that make it possible to set up a fundraiser digitally, to distribute and share the fundraiser and to receive donations digitally.
Costs: The use of the donation platform is free (create an account and set up one or more funraisers). Fees will only be charged for successful donations. The costs consist of platform and transaction fees.
Payment provider: Owner of the payment platform through which the digital transaction takes place. This is Mollie B.V, Keizersgracht 126, 1015 CW Amsterdam.
2. Registration and Conduct Guidelines
- An Administrator/Organiser can log in to the donation platform, register and create an account via the registration form. The Administrator/Organiser will then receive an activation email to activate his account
- By registering, the Administrator/Organiser agrees to these terms and conditions and the Administrator/Organiser has an agreement with the User.
- The Administrator/Organiser can then set up one or more fundraisers online.
- The Administrator/Organiser is 18 years or older or has express permission from his/her parents/guardians.
- The Administrator/Organiser is responsible for all information, images and other media used and published via the donation platform.
- All information provided (account as well as fundraiser) by the Administrator/Organiser and/or collector is filled in truthfully.
- The Administrator/Organiser declares not to set up fundraisers or post content that incites violence and/or criminal acts, is of a sexual nature, is discriminatory or racist or may be offensive.
- The campaign Administrator/Organiser declares that he/she fully understands that the platform can and may only be used to collect donations without any quid pro quo. The Campaign Administrator declares that it will not set up any campaigns or post any content in which products and/or services are offered in exchange for payment, products and/or services are offered at a discount or in any other way products and/or services or any other proposal whatsoever are offered in exchange for a quid pro quo.
- The Donor declares to be 18 years or older or has explicit permission from his/her parents/guardians.
- It is prohibited to post texts that call for direct donation to bank accounts outside the donation system of the Fundraiser and/or that refer to other crowdfunding and donation platforms. The Administrator/Organiser declares that he/she will not place such posts. If these posts are made, the User retains the right to either remove the piece of text that calls for this or to remove the entire fundraiser.
- It is forbidden to post contact information such as an email address that call for direct contact outside the donation system of Steunactie. It is possible for a donor to get in touch with the administrator/organisor by using the contact button on the fundraising page. The administrator/organisor declares that it will not make such calls. If such calls are placed, the User reserves the right to either remove the piece of text calling for this or remove the entire action.
- A Donor has the option to comment on his/her donation. The donor declares not to post comments or content that incite violence and/or criminal acts, are sexual in nature, discriminatory, racist, offensive or express themselves negatively about the action and/or action manager.
- The User reserves the right to remove an action and/or account and/or a comment from a Donor at any time if in his opinion it does not comply with the usage guidelines and/or these conditions and/or if there is abuse.
- All posted content does not violate the intellectual property rights of third parties.
- The Administrator/Organiser assures that the collected donations minus costs will be used exclusively for the purpose or cause of the fundraiser. The User is not responsible for misrepresentation of the purpose as well as misuse of the money collected by the Administrator/Organiser.
- The Administrator/Organiser can share the promotion with both his own network and Collectors.
- Collectors have the option (not obliged) to register separately with the aim of further spreading the promotion on behalf of the Collector and to keep track of his/her own collected amount.
- The Collector will receive an activation email upon registration.
- By registering, the Collector agrees to these general terms and conditions.
- A donor can contact the Administrator/Organiser or a collector via the contact button. It is not allowed to request account numbers or other direct payment methods. Messages requesting this will not be forwarded.
3. Donations, Settlement and Fees
- Donations and the Donor are publicly displayed on the fundraising page unless the Donor indicates that he/she wishes to remain anonymous at the time of making his/her donation.
- Donations once transferred are irrevocable.
- Donations are made through the payment service provider's payment platform (mollie).
- The Administrator/Organiser can view all transactions in his/her account at any time.
- The collected donations minus the costs are transferred weekly to the specified bank account of the Administrator/Organiser. An exception to this are fundraisers that are linked to their own mollie account. In that case, the Administrator/Organiser can self determine the payout frequency in his/her own mollie account.
- The Administrator/Organiser is responsible for all taxes and other costs that must be paid on the donations received if there is an obligation to do so.
- A distinction is made between a Steunactie account which runs through Sponsor Europe's mollie account and a Steunactie account to which its own mollie account is linked.
- In the event that a private or business bank account is linked to a Steunactie account, the basic costs are: 5% platform costs + €0.50 transaction costs including VAT per donation + any percentage surcharge that is charged by the chosen payment method (variable costs). More information about the rates can be found here.
- In the case of an own mollie account, the following costs apply: 5% platform costs including VAT per donation. Since the Administrator/Organiser has created his/her own mollie account, the transaction costs are charged directly by mollie to the Administrator/Organiser.
4. Rights and Obligations
- The User will make every effort to ensure that the donation platform functions optimally. The User cannot be held liable if the donation platform is 'down', 'offline' or no longer functions for whatever reason(s). Of course, in such a case, everything will be done to make the donation platform fully function again.
- The User reserves the right to change or terminate its services.
- The Administrator/Organiser indemnifies the User against claims from third parties arising from the use of the donation platform.
- The Administrator/Organiser understands that any fundraiser published on the donation & crwodfunding platform is based on his/her own initiative and responsibility and that the target amount is not guaranteed nor that the User can be held responsible for not achieving this target amount or any other amount.
- The User is entitled to bring fundraisers to the attention and/or to promote them to the general public.
5. Deleting Data
- It is the responsibility of the Adminstrator/Organiser to terminate a promotion and/or delete data related to the promotion and/or personal data. The Adminstrator/Organiser must log in to his/her Steunactie account and visit his/her dashboard to do so.
- The Adminstrator/Organiser has the option to:
- deactivate the fundraiser: (turn off the Active slider). This will take your fundraiser offline. It will continue to exist. Do this in your dashboard under Fundraisers. You can reactivate the fundraiser anytime in the future and/or create another fundraiser. Your Steunactie account will continue to exist.
- stop donating but keep the fundraiser online: you can do this via the end date setting (Fundraisers -> Edit Fundraiser -> Settings -> The fundraiser has an end date). If you have entered an end date, the promotion will still be online after this end date, but the donate button will be deactivated and donating will no longer be possible. If you did not enter an end date when you started your promotion, but you do want to deactivate the donatiing function, you can still enter an end date. If the end date is in the past, you must enter this date manually. If the end date is in the future, you can click on a date in the pop-up calendar.
- delete the fundraiser: (click on Delete Fundraiser). You do this in your dashboard under Fundraisers. Your Steunactie account will continue to exist. You can create another Fundraiser in the future.
- delete your account: You do this in your dashboard under Profile. All data, including your profile, will then be deleted. Your Steunactie account will be deleted. You will have to register again and create a new Steunactie account if you want to start a new fundraiser in the future.
- In the event of bankruptcy, suspension of payments, death or disappearance of the Adminstrator/Organiser, the User has the right to dissolve the agreement and to cancel the account with the associated fundraisers.
- The User is not liable for damage caused by shortcomings in systems of third parties or partners, incorrect or incorrect information entered by the Administrator/Organiser, violation of the general terms and conditions, force majeure, fraud, hackers, malfunctions, etc.
- If, for whatever reason, the User's liability is established, the damage will be limited to the direct damage, being the costs (tarif and fee’s charged by the User) charged from the moment that damage has been established.
- Under no circumstances is the User liable for direct and indirect damage such as lost income and/or donations and the further consequences thereof.
- The Administrator/Organiser is fully responsible for the tax and financial consequences following the receipt of donations. It is the responsibility of the Administrator/Organiser to inform himself about the possible fiscal and financial consequences before starting a fundraiser. The User cannot be held liable for any consequences arising from the receipt of donations.
- The court in the User's place of business has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, the user has the right to submit the dispute to the competent court according to the law.
- The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
9. Applicable law:
- Dutch law applies to every agreement between the User and the customer. The Vienna Sales Convention is expressly excluded.
11. Amendment, explanation and location of the conditions: