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General conditions Share.Doc

As long as it is about making a positive contribution to society, filmmakers or their producers can register with us, as an individual or as an organization. It is not mandatory to have an ANBI registration, CBF quality mark or Chamber of Commerce registration. On the Share.Doc platform, it is indicated per goal which person or organization is behind which action.

Share.Doc platform reliable?
Filmmakers and producers work together with Share.Doc, they use Share.Doc as a conduit. They determine/describe the goal. The donations for the protagonist of a film or a charity associated with it are received by the filmmaker or the producer through Share.Doc for further distribution. If the total of donations exceeds € 5000, an NGO will be jointly selected to ensure a safe distribution of the donated money. The donations will first arrive in to a trust account of Share.Doc so that it remains separate from other money flows within our organization. From this account, the donations will be transferred to filmmaker or producer and verified by a registered accountant who also submits reports to the tax authorities.

Are there costs for the use of Share.Doc platform?
ShareDoc is a non-profit organization and therefore using the platform is for free.

Only cost related to donation payments & administrations we need to calculate as follows : The donations will be made by an External payment processor (Mollie Payments). The costs for using this payment system are depending which bank the donor is using per transaction. Average it will be 1,9% plus 0,2€ per donation ex tax. Share.Doc as organization charges on administration expense / cost at 3 % related to donations.

Donations will be received by filmmaker and/or producer at the end of the action, or if the filmmaker/producer wishes ‘once a quarter’

Secure environment
Protecting user platform data is paramount. All payments from the Share.Doc platform are handled by Mollie, a PCI-DSS certified payment partner. All traffic, including payment transactions, runs via a secure SSL connection. Donations can only be made with iDeal, direct debit and credit card and these are transferred to the third-party account. Bank details are never shared with third parties by Share.Doc. Share.Doc has a Security Verified certification (based on ISO 27001) from the ICT Institute. The certification makes Share.Doc reliable and ensures a carefree fundraising experience.

Share.Doc considers the protection of personal data very important. Data is only used to provide services and provide a better user experience. We comply with European privacy legislation (General Data Protection Regulation).

Registration conditions
The registration conditions apply to all documentaries that want to be visible on the Share.Doc platform in order to raise donations for the protagonist or charity.

To keep the registration process simple and cost effective, an agreement is made between Share.Doc and the film maker and/or producer of the film.

If the protagonist or a target also agrees to the with the action via the Share.Doc platform, the filmmaker or producer will inform the persons concerned of the rights and obligations as stated in these Registration Conditions.

These Registration Conditions may be changed by Share.Doc at any time, except towards the Target during an agreement. The present version was drawn up on 01-09-2022.

Definitions
1.1 ShareDotDoc ​​Foundation, registered at office in Amsterdam Prinsengracht 413c 1016HM, registered in the Trade Register of the Chamber of Commerce in Amsterdam under number 74468847, duly represented in this matter by Mr.L.Bakker civil-law notary in Amsterdam.

Objective
1.2 The objective of the foundation is to serve the public interest by making a connection between the world of documentary films, philanthropy and participation and thereby to create social change, as well as everything that is related to the above in the broadest sense or can be conducive to this. This is done, among other things, by publishing and designing an online platform, through which it is possible for the documentary audience to support the protagonist from the documentary and/or non-governmental organizations (NGOs) related to the subject of the documentary and/or charities through donations. and or other mode of action.

1.3. The foundation is not for profit. Only documentary filmmakers and/or producers can sign-up for a social cause as long as it is about making a positive contribution to society and is not for profit they can use the services of Share.Doc to receive donations from donors.

1.4 User: Filmmakers and producers who register a documentary on the platform. Donors who donate and/or support a Cause/Protagonist through the use of the Platform.

1.5 Platform: The Share.Doc software application / website available at: https://www.sharedoc.org

1.6 External payment system: Mollie's external payment system. Information and general terms and conditions of Mollie can be found at https://www.mollie.com.

Registration procedure
2.1 Share.Doc makes it possible for Documentary and its Causes to become visible and findable online via the Platform and to raise donations in an easy and safe way.

2.2 To use the Platform and the services of Share.Doc, the filmmaker/producer of a documentary must register on the platform. If the documentary has been registered and the Registration Conditions have been agreed upon, an agreement is concluded. After registration, the project is verified by Share.Doc.

2.3 The filmmaker and/or producer is obliged to fill in the information requested in the registration process completely and truthfully. After the application has been successfully submitted via the website, the filmmaker and/or producer will receive a verification email.

2.4 Share.Doc determines at its own discretion whether the registered film meets the requirements set by Share.Doc and is free to reject the application and to dissolve the agreement that has been concluded.

2.5 If the filmmaker and/or producer does not agree with this method of agreement, they must immediately and unambiguously notify Share.Doc in writing.

Duration of the agreement
3.1 The agreement is entered for an indefinite period of time, commencing at the moment that Share.Doc expressly states in writing that the registration has been completed and an agreement has been concluded.

3.2 The agreement may be terminated immediately by either party without stating reasons.

Share.Doc's rights and obligations
4.1 Share.Doc will at all times commit itself to applicable laws and regulations in the context of fundraising, unless this cannot be expected of it by standards of reasonableness and fairness.

4.2 Share.Doc will set up the film on the Platform as soon as possible after registration.

The Platform will be set up the film project on the basis of the information provided by the filmmaker and/or producer.

4.3 Share.Doc will carry out its activities as much as possible according to the wishes of the filmmaker and/or producer.

4.4 Share.Doc has the right to change or adapt the information provided if this improves the accessibility and/or quality of the Platform.

4.5 Share.Doc reserves the right to temporarily disable the service for the purpose of maintenance, modification or improvement of Share.Doc's systems. Share.Doc will, in principle, arrange for such a shutdown to take place outside office hours and inform the filmmaker and/or producer of the planned shutdown/decommissioning of platform.

Share.Doc is never obliged to pay any compensation for damage in connection with such decommissioning of the platform.

Rights and Obligations of the Cause
5.1 Only a statutory and legally authorized or authorized person is authorized to represent the legal person. If the Cause is not a legal person, but a natural person, the filmmaker and/or producer will request permission from these persons. If the representative of the Cause has not legally represented the Cause, the person/filmmaker and/or producer liable towards Share.Doc for any damage.

5.2 The filmmaker and/or producer is responsible for the confidentiality of the username and password provided by Share.Doc. If the username and password have been obtained by a third party and this is not attributable to Share.Doc, Share.Doc is not liable for the consequences thereof. If the account is suspected of abuse, the filmmaker and/or producer will inform Share.Doc as soon as possible.

5.3 Files, data and/or materials that the filmmaker and/or the producer places on the platform or provides to Share.Doc do not infringe any rights of third parties, in particular intellectual property rights and/or privacy. Also, no permission or license is required from the filmmaker and/or the producer or any third party to use the files on the Platform.

5.4 The agreement will be executed on the basis of the information provided by the filmmaker and/or the producer. The filmmaker and/or the producer guarantees the authenticity, correctness and quality of the information provided by him.

5.5 The filmmaker and/or the producer will at all times commit to all national and international laws and regulations that apply to Targets and fundraising.

5.6 The filmmaker and/or the producer undertakes to spend all receipts obtained from the activities of Share.Doc as laid down in her personal description of the purpose at the start of the cation on the Share.Doc platform.

5.7 If the filmmaker and/or the producer does not comply with his obligations referred to in this article, this will never lead to a shortcoming on the part of Share.Doc and Share.Doc can never be held liable for the consequences of the shortcoming.

Donations received
6.1 The donations will be made by an External payment processor (Mollie Payments). The costs for using the payment system depends on the type of payment method chosen but will be on average 1.9% + €0.25 per transaction.

6.2 ShareDoc is a non-profit organization and therefore, using the platform is for free.

Share.Doc charges only a fee on administration cost related to the initial amount donated.

6.3 Donations will be received by filmmaker and/or producer at the end of the action, or if  the filmmaker/producer wishes ‘once a quarter’ 

6.4 The filmmaker and/or producer can view all transactions in the Share.Doc account, in order to verify the correctness of the payment.

6.5 If a collection of a donation is reversed or otherwise cannot be obtained, but has already been paid out, the reversed amount and the costs of the reversal will be settled with the filmmaker and/or producer with the next payment from Share.Doc to the filmmaker and or producer. If settlement is not possible, the amount will be reversed and the costs of the reversal will be charged to the filmmaker and/or producer by means of a direct debit.

6.6 The costs of a reversal of a donation are € 1.85 per reversal.

6.7 If it appears that a payment has been made without legal ground, then this payment is immediately due and payable by Share.Doc and the filmmaker and/or producer is obliged to refund the amount on demand.

6.8 Share.Doc is authorized to use another payment system without stating reasons, even if this is accompanied by a change in the costs thereof. Share.Doc will immediately notify the filmmaker and/or producer.

6.9 Share.Doc is not liable for damage caused by the non-functioning or incomplete functioning of the external payment system.

Personal data and Privacy
7.1 If the filmmaker and/or producer creates a Documentary project on the Platform, Share.Doc will ask to enter a number of (personal) data during the registration process, including the personal data of the authorized representative or the personal data of the Target itself, if it concerns a natural person.

7.2 We need the personal data that we collect to perform the agreement correctly. We ask you to enter data that we need to register the documentary and to perform our service.

7.3 Share.Doc respects the privacy of Causes and donors. Personal data necessary for the registration of the documentary will be treated confidentially and will only be shared with third parties, insofar as this is necessary to execute the agreement (for example, our Third Party Payment Provider). Processing of personal data is done in a manner that is in accordance with the requirements of the General Data Protection Regulation.

7.4 Donor names are visible, unless a donor has made an anonymous donation. As the recipient of this personal data, the filmmaker and/or producer is regarded as a controller within the meaning of the General Data Protection Regulation (GDPR). The filmmaker and/or the producer guarantees that it handles personal data (initials and surname) made available to them in a responsible manner and in accordance with the GDPR. Personal data made available may not be used for commercial purposes.

7.5 More information about the processing of personal data can be found in our separate Privacy & Cookies lines.

Intellectual property rights
8.1 The intellectual property rights that the parties mutually make available in the context of the execution of the agreement remain with the owner or with the third party from whom the owner has acquired the right.

8.2 Both parties hereby grant each other only a right of use to the intellectual property rights that is not exclusive and non-transferable, unless explicitly stated otherwise or deviatingly determined.

8.3 The right of use means, among other things, that Users of the Platform have the opportunity to display intellectual property of the Cause via social media channels.

8.4 is authorized to adjust logos of the Cause if this benefits the quality and usability of the logos.

8.5 grants Share.Doc the right to display the logo of the Cause as an affiliate of Share.Doc on the Platform.

8.6 The filmmaker and/or the producer / the Cause indemnifies Share.Doc against claims from third parties with regard to intellectual property rights to files, data and/or materials placed on the Platform by the Cause or provided to Share.Doc.

Warranties
9.1 Defects in/on the software which are reported to Share.Doc by the filmmaker and/or the producer or third parties after the commencement of activities by Share.Doc will be changed at its discretion, or free of charge changed, unless the occurrence of these defects is attributable to the filmmaker and/or the producer.

9.2 For the Platform, imperfections that do not materially limit normal use are not covered by this warranty.

9.3 Donations from Users that are donated to the Cause via the Platform, are received into the bank account of foundation Trust account Mollie. In order to guarantee the payment to the filmmaker or producer, the donated amount will then be paid to them from a separate third-party account of Share.Doc and a separate entity. In the unlikely event of bankruptcy, the creditors cannot claim the Donations to be paid.

Liability
10.1 Share.Doc's liability towards the Purpose of the documentary, for whatever reason, is limited per event (whereby a connected series of events counts as one event) to the fees paid by the Purpose to Share.Doc.

10.2 The previous paragraph of this article does not apply if and insofar as the relevant damage is caused by an event attributable to the Cause/filmmaker and/or producer.

10.3 Under all circumstances, Share.Doc's liability is limited to the Cause's direct damage.

10.4 Share.Doc is never liable for damage (including loss of income by the Cause) that is caused by the non-functioning or incomplete functioning of the Platform or parts of the Platform that result in loss of income from the Cause.

10.5 Share.Doc is at all times entitled, if and insofar as possible, to undo or limit the damage suffered by the client by repairing or improving the work.

10.6 The limitation of liability in this title does not apply in the event that the damage is the result of intent or willful recklessness on the part of Share.Doc.

Force majeure
11.1 Neither the goal of filmmaker or producer nor Share.Doc are obliged to fulfill one or more obligations if they are prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming on the part of third parties engaged as well as any situation over which the party concerned cannot actually exercise (decisive) control, with the exception of obligations to pay money.

12.2 Confidential information does not include information that was already public at the time it came to its knowledge or became known afterwards, or that the receiving party also received from a third party without an obligation of confidentiality being imposed or this third party being obliged to do so.

Non-compliance
13.1 In the event of (provisional) suspension of payments, bankruptcy, shutdown or liquidation of the documentary project, Share.Doc has the right to dissolve the agreement in whole or in part without the other party being liable for compensation.

13.2 If one of the parties does not comply properly or within a specified period or otherwise in a timely manner with an obligation under the agreement, that party is immediately in default and the other party is entitled to dissolve the agreement in whole or in part without notice of default, without prejudice to the other rights. of the terminating party and without the terminating party being liable for compensation.

13.3 In the event of a dissolution as referred to in paragraph 2 or paragraph 3, all claims of the dissolving party against the other party are immediately due and payable in full. The other party is obliged to take the necessary measures to enable the terminating party to exercise its rights.

13.4 In the event of a dissolution or cancellation as referred to in this article, the following obligations will continue after the end of the agreement:

 a) outstanding payments;

 b) secrecy;

 c) privacy;

 d) intellectual property rights;

 e) liability.

These will continue to exist for as long as the parties can reasonably claim their continued existence.

Final provisions
14.1 This agreement and the Registration Conditions are governed by Dutch law. If a dispute arises, both parties will make every effort to reach an amicable solution. If this is not possible, then disputes arising from this agreement will, at the discretion of Share.Doc, be submitted to the competent court in Haarlem or Amsterdam, unless mandatory law provides otherwise.

14.2 Share.Doc may engage third parties at its discretion in the performance of the agreement, provided that it ensures that these third parties are subject to the same contractual obligations regarding confidentiality and privacy and without prejudice to the full enforcement of contractual obligations of Share.Doc towards the goal.

14.3 Deviations from these Terms of Use are only valid if they have been agreed upon in writing. The other provisions included in these Terms of Use retain their full effect.

14.4 If a provision of the Terms of Use turns out to be invalid, this will not affect the validity of the entire Registration Terms and Conditions. Share.Doc will replace the void or invalid part with stipulations that are valid and whose legal consequences, in view of the purport of these terms of use, correspond as much as possible with those of the void or invalid part.

14.5 In the event of a sale, transfer or merger, Share.Doc may transfer its rights and obligations under these Registration Conditions to a third party. The filmmaker and/or producer will be notified of this.

14.6 All amounts stated in these Registration Conditions are subject to future price changes.

14.7 If a provision in this Agreement requires that a notification must be made “in writing”, this shall also be complied with if the notification is made by e-mail.

Terms of Use
These Terms of Use apply to individuals and/or organizations who make donations or set up a fundraiser for a documentary protagonist or charity through Share.Doc's services.

In order to keep donating as simple as possible and thus cost-effective, an agreement is concluded between Share.Doc the Filmmaker and/or the producer as User.

If the Filmmaker and/or the producers agree to these Terms of Use, Share.Doc assumes that you are aware of the rights and obligations as stated in these Terms of Use.

The Terms of Use were last modified on 01-05-2023.