GENERAL TERMS AND CONDITIONS GOVERNING ONE-OFF DONATIONS MADE THROUGH THE WWW.DIREKT36.HU WEBSITE
1. Introductory provisions
1.1 The present general terms and conditions – hereinafter, GTC – contain the terms governing the contractual relationship between Direkt36 Újságíró Központ Nonprofit Kft. (short name: Direkt36 Nonprofit Kft.; registered office: 1137 Budapest, Pozsonyi út 10. 2. em. 8., tax number: 25004582-2-41, company registration number: 01-09-194184, represented by Managing Director Gergő Sáling) as recipient of donations (hereinafter, Recipient) and those persons who, by clicking on the internet link created for this purpose, transfer a monetary donation (Donation) from their own funds to the Recipient (Recipient and Donor hereinafter jointly referred to as the Parties).
1.2 The Recipient’s long-term goal is to create and maintain an internet portal, DIREKT36. DIREKT36 is an internet portal (hereinafter, Portal) which primarily publishes investigative journalistic writing in order to reach the broadest possible user base, and which seeks to use the methods of investigative journalism to present to the public the most important social and political events occurring in Hungary or affecting Hungary, free and independent from any outside influence which would affect the factual accuracy or the objectivity of the articles.
1.3 The Recipient has created and maintains a Website (http://www.direkt36.hu/tamogatas/) for the purpose of obtaining funding from the general public, and which provides a framework for the forms of funding described under section 3.5.
1.4 The Parties hereby state that the Website is maintained by the Recipient, who is fully responsible for the site’s operation.
2. Formation of contract between the Parties
2.1 In order for a contract of donation to be formed, the Donor must transfer a monetary donation from his/her own funds to the Recipient, using one of the payment options on the Website.
2.2 By navigating to the Website, by using any of the donation options available there and by performing any other IT operations (clicking on links, entering data, etc.) available there, the Donor expresses his/her intention to make a donation to the Recipient coming from the Donor’s own funds.
2.3 After the Donor has selected one of the donation options on the Website, the general terms and conditions of the Recipient found in the present document are made available to the Donor. Once the Donor has accepted these conditions, without any further requirements, a one-off donation contract between the Donor and the Recipient is formed, and the Recipient simultaneously expresses its thanks and acceptance of the donation.
3. Object and content of the contract
3.1 Aim of donation: The Parties agree that the aim of the donation is to provide assistance to the operation of the Portal maintained by the Recipient.
3.2 Donation levels: Donations to the Recipient can be made through the latter’s Website in any amount, either on a single occasion or on multiple occasions. In order to facilitate the donation process, the Recipient suggests the following donation amounts on the Website.
3.2.1 “Supporter” category: The first level of donation is 3,000 HUF, that is, three thousand Hungarian forints, at least once per calendar year. In the event that the Donor wishes to assist the Recipient with a donation of this amount, the Recipient will provide the Donor with the information found in section 4.3 about how the Portal was created and provides the Donor with further acknowledgment as detailed in that same section.
3.2.2 “Friend” category: The second donation level is 6,000 HUF, that is, six thousand Hungarian forints, at least once per calendar year. In the event that the Donor wishes to the assist the Recipient with a donation of this amount, the Recipient will provide the Donor with the information found in section 4.4 about how the Portal is progressing and provides the Donor with further acknowledgment as detailed in that same section.
3.2.3. “Partner” category”: The third donation level is 15,000 HUF, that is, fifteen thousand Hungarian forints, at least once per calendar year, or 1250, that is, one thousand two hundred and fifty Hungarian forints, on a continuous monthly basis over at least one year. In the event that the Donor wishes to the assist the Recipient with a donation of this amount, the Recipient will provide the Donor with the information found in section 4.5 about how the Portal is progressing and provides the Donor with further acknowledgment as detailed in that same section.
3.2.4. “Partner +” category”: The fourth donation level is 30,000 HUF, that is, thirty thousand Hungarian forints, at least once per calendar year, or 2500, that is, two thousand five hundred Hungarian forints, on a continuous monthly basis over at least one year. In the event that the Donor wishes to the assist the Recipient with a donation of this amount, the Recipient will provide the Donor with the information found in section 4.6 about how the Portal is progressing and provides the Donor with further acknowledgment as detailed in that same section.
3.2.5 In addition to the options offered, Donors may make donations of other amounts or frequencies as well. In this case, the Donor and Recipient will conclude an individual agreement with regards to the donation. On request, the Recipient will provide customized information in this respect, in response to messages sent to the firstname.lastname@example.org electronic address.
3.4 Donation process and formation of contract
3.4.1 In order for someone to become a Donor and thereby a subject of the present contract, he/she must perform the following steps: select one of the donation levels offered on the Website by the Recipient and set out in section 3.2, accept the general terms and conditions, and make the donation by one of the modes of payment described in section 3.5.1 and available on the Website.
3.4.2 If, after completing the process described under section 3.4.1, the Donor wishes to support the Recipient again, this can be accomplished by repeating the process.
3.5 Modes of payment
3.5.1 Donations can be made through the PayPal payment service.
3.5.2 Donations can be made by bank card.
3.5.3 Donations can be made by bank transfer.
4. Acknowledgment of donations
4.1 The Recipient shall acknowledge Donors for the amounts donated for the operation of the Portal in the following manner, depending on the donation level, throughout the calendar year following the date on which payment is credited to the Recipient’s bank account.
4.2 The acknowledgments referred to in section 4.1 (above) do not constitute compensation for the donation made by the Donor but are merely means by which the Recipient provides the Donor with various levels of updated information regarding the operation of the Portal. Within Hungary, donations do not qualify as the sale of goods or the provision of services for consideration, thus the Recipient has no obligation to issue a receipt.
4.3 A Donor who, in a given year, has made donations to the Recipient of at least the amount listed under section 3.2.1, receives the title of “Supporter”.
4.3.1 In this case, the Recipient shall send Supporters its monthly newsletter (hereinafter: Newsletter), which provides detailed information about the development of the Portal and any other related information, including, at least once per calendar year, regarding the use of the donations provided by Supporters. The Recipient shall send the Newsletter in an electronic message (hereinafter: Email), to the Donor using the electronic contact information provided at the time of registration on the Website.
4.4 A Donor who, in a given year, has made donations to the Recipient of at least the amount listed under section 3.2.2, receives the title of “Friend”.
4.4.1 In this case, the Recipient shall send these donors (in addition to the Newsletter) one e-book annually (hereinafter: E-book) by Email. The Parties agree that the E-book shall include a detailed report by the Recipient of the creation, operation and achievements of the Portal by sharing information about the most successful stories and the research work behind them. It will also include a summary of its investigative journalistic activities and practices.
4.5 A Donor who, in a given year, has made donations to the Recipient of at least the amount listed under section 3.2.3, receives the title of “Partner”.
4.5.1 In this case, the Recipient shall (in addition to sending the Newsletter and the E-book) allow these Donors the opportunity to take part in all events that it organizes by sending them invitations by Email to these events. The Parties hereby state that the events referred to in this section are open to all interested parties free of charge.
4.6 A Donor who, in a given year, has made donations to the Recipient of at least the amount listed under section 3.2.4, receives the title of “Partner +”.
4.6.1 In this case, the Recipient shall (in addition to sending the Newsletter, the E-book and invitations to events) share with the Donor its data analysis and data security techniques that it uses in its journalistic activities.
5. Use of funding
At least once per calendar year, the Recipient shall inform Donors through the Newsletter and at its events, of how the amounts of funding gathered through Website donations are being used. Information shall be provided in a manner that meets transparency requirements.
6. Data use
The Parties hereby agree that the Donor’s acceptance of the GTC constitutes consent as defined by section 5.1.a) of Act CXII of 2011 on the right to information self-determination and information freedom. Accordingly, the Recipient is authorized to, within the limits of the law, handle the data released by the Donor or otherwise transferred into the Recipient’s possession as a result of the donation process. The Recipient is not authorized to forward this data to third parties. The data use information sheet provides further details about how data is handled.
7. Termination of contract
7.1 The contract is terminated upon its performance.
7.2 The Parties hereby agree that the present contract of donation may only be terminated in the event of a serious breach of contract by the other party, in which case they may relinquish the contract or refuse to perform it.
7.3 Serious breach of contract includes, but is not limited to, the use of donation for a purpose contrary to that for which the donation was given.
8. Waiver of the right to demand repayment of a gift
8.1 The Parties hereby agree that the donor hereby explicitly, unconditionally and without limitations, waives his/her statutory right to demand repayment.
9. Any issues not covered by the present GTC shall be subject to the provisions of the Hungarian Civil Code on donations and to its general provisions as well.