User Agreement for the “PROJECTS” service

For correct operation of the functions of the “PROJECTS” service provided by the website “https://frs.in.ua» We suggest that you familiarize yourself with the terms and conditions of its use.

1. General principles.

1.1. The functions of the “PROJECTS” service are provided subject to compliance with the rules specified in this Agreement on the use of the “PROJECTS” service (hereinafter referred to as the Agreement). This Agreement is an integral part of the “User Agreement” posted on the Internet athttps://frs.in.ua/uk/agreement. The specified documents are valid simultaneously, complement each other and are mandatory for compliance by all persons who use the properties of the website “frs.in.ua”.
1.2. This Agreement is a written public offer of the Public Organization Society of Disabled Persons “FRS”. After your approval of this Document (acceptance) in accordance with the established procedure, the User Agreement enters into force and is subject to compliance by the parties.

1.3. The terms of the Rules apply to all users of the site – both users who do not have an account on the Site (unregistered user), and users who have any account of any of the types available on the site. An account is understood as a set of information about the Participant and authorization data (login, password).

1.4. If the law of the country of residence or stay of the Participant prohibits the use of the Site for any reason, the Participant must refrain from using the Site. In the event that the Participant continues to use the Site, he does so at his own risk and responsibility. In this case, all the terms of these Rules remain in force.

1.5. The organization cooperates exclusively with non-profit organizations and individual entrepreneurs within the framework of the program.

2. Terms and definitions.

2.1. The “PROJECTS” service (hereinafter referred to as the Service) is a set of software and hardware tools that enable information and technological interaction between all Participants when performing actions using the Internet aimed at providing the User with financial funds to the Project Organizer for the purpose of implementing projects, information about which is posted on the pages of the Service. The terms Service, this Service or this Service under the terms of the Agreement are identical.
2.2. The purpose of the Program is to collect relevant, socially significant projects of participants on the Site, as well as to accumulate Contributions of Benefactors for the purpose of their further transfer to the benefit of the project chosen by the Benefactor.
2.3. The Service Organizer is the Public Organization Society of Disabled People “FRS”, which provides administration and technical support for the Service. The Service Organizer is not a person authorized to perform legally significant actions, except for cases expressly specified in this Agreement.
2.4. Project Organizer – an individual or legal entity that has created an Official Community (hereinafter referred to as the Community) that has entered into an agreement on the procedure for using the “PROJECTS” service. The Project Organizer offers the terms of a specific Project for which Users can provide financing under the terms of this Project, as well as in accordance with the site rules.
2.5. User – an individual who has duly registered in the Site system and has an individual login and password.
2.6. Benefactor – A User who participated in the Project by providing funds to the Project Organizer.
2.7. A Project is a set of organizational and other actions of the Project Organizer, which are carried out within the framework of this Service and are aimed at raising funds to achieve any useful result.
2.8. Project Terms are a set of specific events, actions, facts and obligations of the Project Organizer, the fulfillment of which makes it possible to achieve a useful result of a separate Project.
2.9. Site System (hereinafter referred to as the System) – a software and hardware complex developed to perform the tasks of the Internet resource, divided into Services and serving to perform the tasks set by the Services. The “PROJECTS” Service is part of the Site System.
2.10. Event – ​​an informational occasion expressed by the means of the System, which entails the appearance of a Project. An event is the initial action for using the PROJECTS service and further posting of the Project conditions.
2.11. Project Result (hereinafter referred to as the Result) – an object, service, work, other object of creativity, in tangible and/or intangible forms, created by the Project Organizer as a result of funding received using this Service.
2.12. This section is not exhaustive for the interpretation of the terms used in this Agreement. The meaning of individual terms may be given in other sections of this document.

3. Subject of the Agreement.

3.1. Under the terms of this Agreement, the Service Organizer provides:
3.1.1. The Project Organizer has the technical ability to post information about the Project, its conditions, the Project Result, the procedure for funding by Users and other information about the Project on the website pages;
3.1.2. The Service Organizer provides the User with the technical opportunity to learn about current Projects conducted by the Project Organizers, to participate in Projects, to receive Project Results, as well as other opportunities of a technical and informational nature.
3.2. An integral part of this Agreement is the agreement between the Project Organizer and the Site Owner. The agreement establishes the rights and obligations of the parties with respect to a specific Project.
3.3. In accordance with the terms of this agreement, the Service Organizer acts only as an entity that provides organizational, technical, informational and other capabilities of the Internet platform for the Project Organizer and the User to realize their interests.
3.4. The placement by the Service Organizer in the User’s Personal Account of information about completed or planned purchases is not a basis for recognizing the Public Organization of the Society of Disabled Persons “FRS” and/or its individual representatives as a party (or one of the parties) to the agreements concluded between the Project Organizer and the User.
3.5. The transfer by the Project Organizer of a commission for the use of technical and other capabilities of the Service is not a reason or basis for recognizing the Public Organization of the Society of the Disabled “FRS” as a party to the agreements between the Project Organizer and the User.

4. Procedure for using the service.

4.1. The service can be used:
4.1.1. User – for participation in the Project as a person who provides funds for the creation of the Project Result and acquires the specified Result;
4.1.2. Project Organizer – to participate in the Project as a person who accumulates funds in order to create the Project Result.
4.2. To conduct the Project, the Project Organizer performs the following actions:
4.2.1. If the Project Organizer has not previously created a Community, he/she must create such a Community and conclude an appropriate agreement with the Site owner;
4.2.2. In the Community, the Project Organizer creates an event, in which he indicates the main characteristics of the planned actions: the name of the Project, a brief description indicating the subject of financing (for example, recording a music album, creating a literary work, meeting of the artist’s fans, etc.), the amount of necessary financial assistance, the amount of already available funds, the term of the Project (obtaining such a result is planned under the terms of the Project). The Project description may contain other information that, in the opinion of the future Project Organizer, may be of interest to Users. The Service Organizer has the right to invite the Project Organizer to provide additional information and/or materials.
4.2.3. The submitted materials must comply with the requirements for information posted on the pages of the Site. These requirements are listed in the relevant sections of the Agreement. If the posted materials do not comply with the specified requirements, the Service Organizer has the right to restrict access to such materials or delete them without prior notice.
4.2.4. The formed event is sent to the Service Organizer for pre-moderation. Pre-moderation is an assessment by the Service Organizer’s employees of the event formed in the Community for the Project. During the pre-moderation process, the completeness and sufficiency of the submitted materials are checked for the Project’s admission to opening.
4.2.5. During the pre-moderation process, the Service Organizer does not check whether the Project Organizer has rights to the submitted materials (for example, the right to post photos and videos, the right to post text, whether this text is a commercial or other secret of third parties, etc.). However, if signs of violation of third party rights or violation of other rules for posting materials on the Site pages are detected, the Service Organizer has the right to require the Project Organizer to eliminate the identified violations or refuse to post materials on the Site pages, including in the PROJECTS section.
4.2.6. In the event of refusal to post materials, the Service Organizer (NGO “FPS”) shall not bear any liability, including direct or indirect losses incurred by the Project Organizer or other Users due to the refusal to post such materials, including due to the refusal to post the Project.
4.2.7. Materials that have passed pre-moderation are posted on the Project Organizer’s Community page, which is the basis for the following:
an additional agreement is concluded between the Service Organizer and the Project Organizer, which specifies the obligations of the Project Organizer,
the Project organizer acquires the status of Project Organizer,
The calculation of the Project period begins on the day following the day of posting the materials,
The Project Organizer is granted the rights to manage the implementation of the Project.
4.2.8. The Project page usually contains the following information: Project name, description of the Project implementation procedure, description of the Result(s), deadline, as well as the number of days remaining until the Project is completed, the amount of funds required to implement the Project, the total amount of funds received, Project status (active or completed), news relevant to the Project. The Project page may contain User comments and a list of Benefactors who participated in a specific Project in the relevant tabs. Other materials may be posted on the Project page.
4.2.9. The Project Organizer may make additions and explanations regarding the procedure for conducting the Project.
4.2.10. Changes to the terms of the Project are allowed only after additional pre-moderation of these changes by the Service Organizer.
4.2.11. A profile is created in the System for the Project Organizer, which contains information on Project implementation statistics. Including, but not limited to, the profile contains statistics on payments received, broken down by date and indicating the Users from whom transfers were received, messages from the Service Organizer, and other information that is important for the Project implementation.
4.2.12. In accordance with this Agreement, the collected funds are transferred to the Project Organizer only if the entire amount declared at the beginning of the Project is collected, unless otherwise established by the agreement between the Project Organizer and the Service Organizer.
4.2.13. The Project Organizer has the right to set certain parameters for payments, for example, to specify the minimum and/or maximum payment of one User.
4.2.14. The maximum period during which a single Project may be carried out is usually one hundred days from the date of posting of the Project conditions. If the funds raised exceed half of the required amount, the Project period may be extended for a similar period. The exact period shall be established in the supplementary agreement.
4.2.15. If, based on the results of the Project, the funds collected exceed the amount required by the Project Organizer to conduct the Project, the Organizer has the right to terminate the Project early or exceed the amount of funds collected.
4.2.16. After the completion of the Project, one of two decisions is made:
Recognize the Project as successful and transfer the funds received to the Project Organizer;
To declare the project as not implemented and not to transfer the accumulated funds to the Project Organizer.
4.2.17. The Service Organizer has the right to suspend or terminate the Project at any time under the following circumstances:
receiving information about the violation by the Project Organizer of the rights of citizens and organizations during the implementation of the Project, including the dissemination of information that misleads Users and any third parties about the Project, its terms and conditions and other circumstances that may cause the aforementioned consequences;
if it has become apparent from the beginning of the Project that the required amount of funds will not be raised before the completion of the Project;
if the Project Organizer uses or intends to use materials for which he does not have sufficient rights;
if circumstances arise that are beyond the control of the Service Organizer and make it impossible to continue the Project;
if acts have been issued by state authorities or local self-government bodies that directly or indirectly impede the implementation of the Project;
if the Project may result in harm to Users or third parties;
in other cases when, in the opinion of the Service Organizer, the Project cannot be carried out.
4.2.18. The following shall be notified of the termination of the Project: the Project Organizer, Users who participated in the Project, and other interested parties, if any, are identified at the time of termination of the Project.
4.3. The Service is organized by categories: music, cinema, literature, etc. The specific category is selected by the Project Organizer during the Project placement process. The Service Organizer has the right to move the Project to another category, having previously notified the Project Organizer.
4.4. The Service is used by all Participants in accordance with the page templates provided in the “Projects” section. The use of templates is a mandatory condition for using the Service. Using the features of the Service in other ways is a violation of this Agreement and is grounds for the removal of any.

5. Rules for the Project Organizer.

5.1. The Project Organizer guarantees the following:
he has all the necessary powers and legal capacity established by the legislation of Ukraine to perform legally significant actions;
they have made the necessary and sufficient efforts to correctly calculate the required amount of money;
The project being carried out will not violate the rights of Users and third parties;
the actions planned to be carried out comply with the current legislation of Ukraine, as well as the legal documents of the Site;
have all necessary and sufficient rights, including intellectual rights, to create (obtain) the Project Result;
in the event of a successful implementation of the Project, all obligations assumed will be fulfilled with respect to all Users who participated in the Project;
all information provided for the transfer of funds received is true, the current (or other) account is opened in the name of the Project Organizer;
the information posted on the pages of the Site is true and complies with the requirements of the User Agreement and other documents;
Information about Users obtained to fulfill the obligations assumed will be used by the Project Organizer solely for the purpose of implementing the Project.
5.2. The Project Organizer is obliged to provide the Service Organizer with information about the current or other account for transferring funds, as well as provide the necessary package of documents specified in the additional agreement.
5.3. The Project Organizer is obliged to provide Users with necessary and reliable information about the Project Results, including information on the procedure and cost of delivering the Project Result to a specific User.
5.4. The Project Organizer is obliged to fulfill all obligations assumed in connection with the organization and conduct of the fundraising on time. In cases where the deadline is important for the Project Result, for example, holding the event on a certain date, the Project Organizer does not have the right to fulfill the obligations assumed ahead of schedule .
5.5. The Project Organizer guarantees that in the event of improper fulfillment of the obligations assumed , it will compensate for all losses caused to Users and/or the Service Organizer by its own efforts and means.
5.6. The Service Organizer has the right to place advertising and other informational materials on pages containing materials about ongoing Projects.

6. User Rules.

6.1. The User guarantees the following:
he has all the necessary powers and legal capacity established by the legislation of Ukraine to perform legally significant actions. In particular, the User guarantees that in the event that he does not have the necessary powers to perform the specified actions, he undertakes not to perform such actions until the obstacles are eliminated;
participation in the Project will comply with the legal documents in force on the Portal;
The Project Organizer has been provided with reliable information sufficient to fulfill its obligations related to the Project.
6.2. If the User is unable to comply with the above guarantees, he/she undertakes to refuse to participate in the Project. In this case, the User shall bear all losses arising from his/her failure to provide the above guarantees.
6.3. The Project Organizer and/or the Service Organizer have the right to send the User information about projects that are being carried out or planned to be carried out.
6.4. The User who participated in the financing of the Project gives his consent to the blocking of the part of the funds corresponding to the value and number of the Project Results selected by him, as well as consent to the transfer of these funds to the Project Organizer if the Project is recognized as successful.
6.5. The User who participated in the financing of the Project gives his consent to provide the Project Organizer with personal data to the extent necessary for the Project Organizer to fulfill its obligations to the User.

7. Financial relations

7.1. Users can participate in financing the Project in the following ways:
Transfers for the purpose of purchasing one or more types of the Project Result. In this case, the User consents to the transfer of monetary amounts in accordance with the cost of the purchased Project Result, for example, the cost of a copy of a future music album.
Transfers in the form of donations, the purpose of which is to support the creation of the future Project Result free of charge.
7.2. The following information about payments is provided to the Project Organizer:
total amount of funds received broken down by day;
the amount of funds broken down by the methods specified in clause 7.1.;
data of Users who participated in financing the Project;
name and number of units of Project Results funded by a specific user.
7.3. The funds of Users who wish to participate in a certain Project are initially blocked on the balance in the Personal Account. After the Project is recognized as successful (has taken place), the funds are unblocked and transferred to the account provided by the Project Organizer. The transfer of funds is carried out if the Project Organizer has fulfilled all the conditions specified when concluding the additional agreement.
7.4. If the Project is declared unsuccessful, funds from Users donating to a specific project will be redistributed/used in other projects (e.g., if the fundraising campaign is closed or no longer active). The donated amount is non-refundable and will be transferred to the FRS-DOPOMOGA Charitable Foundation.

8. Information storage

8.1. The Service Organizer stores all information in accordance with the Regulations on Personal Information.

9. Final provisions

9.1. All issues not regulated in this Agreement are governed by the current legislation of Ukraine, the User Agreement, as well as the Agreement concluded between the Service Organizer and the Project Organizer.