1. INTRODUCTORY PROVISIONS

These General Terms and Conditions for Donations (hereinafter: General Terms) regulate the conditions under which natural or legal persons make donations within one of the donor programs of the Association “Putokaz za Afriku” (Guidepost for Africa), intended for the needs of children and young people attending school in the African country of Rwanda.

Association information:

Putokaz za Afriku Association, registered seat: Nikole Tesle 12, 35 000 Slavonski Brod, with an office at Suhač 67E, 21230 Sinj, Croatia, Registration No. (MB): 04843487, Personal Identification Number (OIB): 30154677521 (hereinafter: the Association).

The Association holds accounts with the following banks:

ERSTE & STEIERMÄRKISCHE BANK d.d. Rijeka IBAN: HR08 24020061101102853 SWIFT: ESBCHR22

HRVATSKA POŠTANSKA BANKA d.d. Zagreb IBAN: HR76 23900011101238242 SWIFT: HPBZHR2X

KENTBANK d.d. Zagreb IBAN: HR 8341240031120001490 SWIFT: KENBHR22

DONOR

A donor may be any natural person with full legal capacity (of legal age) or any legal person. On behalf of and for the account of a legal person, all rights and obligations arising from the donor program are assumed by the legal representative of that legal person.

2. SPONSORSHIP

a) Sponsorship conditions

Within the donor program called SPONSORSHIP (hereinafter: sponsorship), for a period of 12 months, counted from the day the person became a sponsor, the donor pays an amount of EUR 156.00, intended to cover the schooling costs of one child from Rwanda.

The basic school system in Africa also includes kindergartens. After completing primary education, a child may continue schooling in secondary school and then at university.

Some of the primary schools with which the Association has partnership relations, within which kindergartens also operate, are Kivumu, Kondo, Cyicaro, Burerabana, Biringaga, Birembo, Munini, Gatenzi, Bwirika, Gifumba and Makera. The Association also cooperates with boarding-type secondary schools and with the faculties INSTITUT CATHOLIQUE DE KABGAYI, MUHANGA, and the UNIVERSITY OF RWANDA.

A person becomes a sponsor by completing the form available on the Association’s website at https://www.putokazzaafriku.com/postani-kum/, after which the Association sends the person information about the child they will sponsor, as well as payment details for monthly, quarterly, or annual amounts, depending on the payment schedule the sponsor has chosen.

Payment of the donation is made by bank transfer or online banking based on the payment details received from the Association. By completing the form, the interested person confirms that they have read and understood these General Terms and have agreed to them.

The person becomes the sponsor of the child whose details they received from the Association and, through their donations, enables that child’s schooling (hereinafter: sponsored child). The sponsor cannot choose their sponsored child, or the child’s age, gender, or similar characteristics. The Association assigns sponsorships according to lists received from partner schools, taking into account the needs and priorities of the children.

For sponsorship, the sponsor must provide the Association with the following contact details:

  • Full name
  • Home address
  • Contact mobile phone number
  • Email address

The sponsor is obliged to notify the Association of any change to the above contact details.

The sponsor may choose to pay the amount of EUR 156.00 according to one of the following payment schedules:

  • monthly (EUR 13.00 each month),
  • quarterly (EUR 39.00 every three months), or
  • annually (a one-time payment of EUR 156.00).

For the sponsorship to take effect, the person must, within 7 business days of receiving the payment details from the Association, pay the chosen amount and send the Association proof of payment.

For monthly donations, the sponsor must pay the first monthly donation of EUR 13.00 within 7 business days of receiving the payment details from the Association; for quarterly donations, the sponsor must pay the first quarterly donation of EUR 39.00 within that period; and for annual donations, the sponsor must pay the full amount of EUR 156.00 within 7 business days of receiving the payment details from the Association.

If the sponsor fails to pay the chosen amount within this period, it will be considered that they have withdrawn from the sponsorship.

By paying the first donation in the manner described above, a sponsorship agreement between the Association and the sponsor is considered concluded and applies under the terms set out herein. These General Terms form an integral part of the contractual relationship between the sponsor and the Association.

The Association will assign each sponsor a payment reference number, which the sponsor is required to use when making each subsequent donation. It is important that the sponsor always enters the assigned reference number when making a payment (monthly, quarterly, or annual); otherwise the Association will not be able to record the donation in a timely manner. The Association is not responsible if a donation is not recorded in a timely manner due to a missing or incorrect reference number, but the Association will make every effort to locate and record such a payment.

Each subsequent monthly donation is due on the 10th of the month. Quarterly donations are due every third month, also on the 10th of the month.

By paying the monthly, quarterly, or annual donation, the sponsor covers the following primary school costs for their sponsored child:

  • one meal per day provided at school
  • school supplies (notebooks and pens/pencils)
  • equipment for school kitchens, including fuel/heating, so that the meal for sponsored children can be prepared
  • a school uniform once every two years

The Association delivers these donations to the school the sponsored child attends, and the school then passes the donation on to the child.

The Association purchases the uniform for the sponsored child immediately in the first month after the sponsorship takes effect. Once the school uniform has been given to the sponsored child, the Association has no influence over whether the child’s family sells the uniform or passes it on for use by another child in the family.

In the event of an increase in primary schooling costs due to inflation and/or increases in prices charged by local suppliers/service providers, the Association will make every effort to ensure that the agreed donation continues to cover the sponsored child’s primary schooling costs.

Sponsorship lasts a minimum of 12 months, and at most until the end of the child’s schooling (primary, secondary, or university).

After one year (12 months) has elapsed, the sponsor may cancel the sponsorship. If the concluded sponsorship agreement is not terminated by either the Association or the sponsor, it is automatically continued into the following year — that is, the Association and the sponsor are deemed to have concluded a new agreement of the same content for a fixed term, for as long as the sponsored child continues their schooling. If the sponsor is at any point no longer able to continue as a sponsor, they must notify the Association of this as soon as possible, in the manner provided for in these Terms, so that the child does not lose their daily school meal, school supplies, and uniform. In such a case, the Association has the right to terminate the sponsorship agreement. If the sponsor is late in paying the monthly, quarterly, or annual donation, the Association has the right to terminate the sponsorship agreement.

After completing primary school, which lasts 9 years, children take a state exam. Children who achieve good results earn the right to enroll in a boarding-type school, where they receive three meals a day. In that case, the Association will inform the sponsor of the cost of such schooling, after which the sponsor has the right to choose whether to continue or terminate the sponsorship.

If the child does not earn the right to attend a boarding-type secondary school, they have the option of continuing their education at the day secondary schools of Makera, Burerabana, or Kondo. Sponsorship for a child attending Makera, Burerabana, or Kondo secondary school continues under the same conditions as in primary school.

It is possible that, during the sponsorship, the Association will inform the sponsor of certain extraordinary and additional financial needs of the sponsored child. The sponsor may choose whether or not to make such an additional payment. During the course of the sponsorship, the sponsored child may change schools (due to relocation, a parental decision, or similar reasons), which results in termination of the sponsorship agreement; the Association will notify the sponsor of this in the manner provided for in these Terms. The Association will also notify the sponsor of other issues relating to the sponsored child, if any arise (dropping out of school, failing a grade, illness, and the like). After sending notice of the interruption of schooling or a change of school, the Association will refund to the sponsor the donations paid for the months the child did not attend school, by direct payment to the sponsor’s bank account, which the sponsor must provide to the Association within 8 days of receiving such notice, in the manner provided for in these Terms. The Association is obliged to refund the donations to the sponsor within 8 days of receiving the bank account details. If the sponsor fails to provide their bank account details within the aforementioned 8-day period, the Association is obliged to refund the donations within 8 days of eventually receiving the bank account details, following expiry of the original 8-day period.

If the sponsored child fails a grade, this does not affect the sponsorship. If the Association does not notify the sponsor of any issues that have arisen, this means that everything is in order and that the sponsored child is attending school regularly. With the consent of the sponsored child’s parent or guardian, the Association will send the sponsor a photograph of the sponsored child once a year, via the agreed email address. The Association sends photographs of sponsored children to sponsors once a year. Therefore, if a sponsor does not receive a photograph of their sponsored child from the Association within one year of concluding the first sponsorship agreement, or within one year of receiving the last photograph, the sponsor must notify the Association by email or via the contact form on the Association’s official website, so the Association can carry out the necessary check and, if needed, send the photograph if it was in fact not previously delivered. The sponsor is not permitted to publicly share or forward the sponsored child’s personal data (such as photographs, first and last name, etc.), since children, as a special category, are entitled to enhanced protection of rights such as privacy, reputation, honor, dignity, and personal data protection.

The Association makes every effort to ensure that sponsors receive information about their sponsored child as soon as possible and that this information is accurate and complete. In certain cases the Association depends solely on information provided to it by the schools and is not able to influence the flow of that information. The Association will correct any such incomplete or inaccurate information as soon as it becomes aware of it.

Please note that school certificates/report cards are sent to sponsors only for sponsored children attending boarding-type secondary schools, and only if the Association is able to obtain them. The sponsor may, once every 12 months, send a letter to their sponsored child, which the Association will deliver to the child. The Association points out that the sponsor should not disclose too much personal information in the letter that could be misused if it is read by someone other than the sponsored child, over which the Association has no influence once it has delivered the letter. The Association cannot guarantee that the sponsored child will reply to the letter. If the child does reply, the Association will deliver the reply to the sponsor. The sponsor may obtain information about exactly what the sponsored child has received under the sponsorship, for the preceding 12-month period. In the event of cancellation or termination of a sponsorship agreement, whether by the sponsor or by the Association, the sponsor is not entitled to a refund of donations paid, except in exceptional cases provided for under these General Terms.

Structure of the use of sponsorship funds

The sponsorship amount is used for the following categories of expenses, whereby the allocation between categories is not fixed and changes depending on the current needs of the individual sponsored child and the Association’s project activities:

(i) Direct costs to program beneficiaries — costs that go directly to the sponsored child or the school they attend: one meal per day, school supplies and notebooks, school uniform, school kitchen equipment and fuel/heating, and, for sponsored children in secondary and university programs, other schooling costs as needed.

(ii) Operational costs of program implementation — costs necessary for organizing, coordinating, and implementing the sponsorship program, not directly tied to an individual beneficiary: salaries and compensation for Association staff who run the program, costs of communication with sponsors and partner schools, administrative and accounting costs, banking costs, transportation and field activity costs, and other justified organizational costs.

The Association undertakes to use all funds for their intended purpose, economically, and in accordance with the principles of sound financial management, pursuant to the Croatian Associations Act (Zakon o udrugama) and the Act on Financial Operations and Accounting of Non-Profit Organizations (Zakon o financijskom poslovanju i računovodstvu neprofitnih organizacija).

b) Designated (purpose-specific) donations

Designated donations are additional, voluntary donations that sponsors may make for their sponsored children through the Association. Designated donations are collected shortly before the Association’s volunteers travel to Africa, of which the Association will notify sponsors in a timely manner, in the manner provided for in these Terms.

Designated donations are used to purchase supplies such as beans, rice, soap, footwear, and mattresses, or to purchase a goat. The quantity and type of supplies depends on the sponsor’s wishes and means. Sponsors choose the type and quantity of supplies from a list that the Association sends to sponsors for review.

The sponsor must send proof of payment of the designated donation to the Association’s email, indicating which child it relates to and which supplies from the list the sponsor wishes to be purchased, so that a record of all payments and supplies can be kept accordingly.

Goats serve as the only source of meat that children can eat over a longer period of time (several months up to half a year).

The sponsor’s designated donation is given to the sponsored child’s family. The school the sponsored child attends assists the Association in distributing designated donations.

The Association uses the designated donations collected to organize the purchase of goats and other supplies in Africa. When purchasing and delivering goats and other supplies, the Association depends on local sellers and carriers, which may result in delays or other delivery issues. The Association will carry out delivery within a feasible timeframe, which depends on conditions in Africa.

The Association shall be released from liability for partial or total non-performance of an obligation arising from a paid designated donation if this is caused by circumstances beyond its control, such as, for example, the commission of criminal offenses, non-performance of contractual obligations by third parties, fires, earthquakes, floods, as well as strikes, wars, or military operations, in which case the sponsor shall not be entitled to a refund of the paid designated donation. In the event of cancellation or termination of a sponsorship agreement, whether by the sponsor or the Association, the sponsor is not entitled to a refund of the amount of the designated donation.

Account for designated donations:

ERSTE & STEIERMÄRKISCHE BANK d.d. Rijeka HR58 24020061500120280 SWIFT: ESBCHR22

c) General donations

General donations are intended for the needs of children who do not have a sponsor, for emergency medical interventions for all children, or for a specifically defined project (such as a safe house or similar needs).

General donations are paid into one of the Association’s IBAN accounts with the description: general donation. The Association shall be released from liability for partial or total non-performance of an obligation arising from a paid general donation if this is caused by circumstances beyond its control, such as, for example, the commission of criminal offenses, non-performance of contractual obligations by third parties, fires, earthquakes, floods, as well as strikes, wars, or military operations, in which case the donor shall not be entitled to a refund of the paid general donation.

3. ADMINISTRATIVE, TECHNICAL, AND RECORD-KEEPING ERRORS

The Association shall take all reasonable measures appropriate to the circumstances in order to prevent or minimize unintentional administrative, technical, record-keeping or other errors in maintaining records, entering, processing or transferring data, as well as unintentional omissions or errors occurring in the course of the Association’s activities.

If the Association identifies or receives notification of an error referred to in the preceding paragraph, it shall, within a reasonable period and to the extent possible, verify the matter and correct, supplement or update any inaccurate or incomplete information. If the error requires additional action in relation to a Sponsor or another person to whom the data relates, the Association shall, without undue delay, take appropriate and reasonably practicable measures to eliminate or mitigate any possible consequences of the error, including, but not limited to, necessary notifications, corrections and updates to its records.

To the extent permitted by applicable law, the Association shall not be liable for damage or other consequences resulting from an unintentional administrative, technical, record-keeping or other error in maintaining records or in the entry, processing or transfer of data. The Association
shall not be liable for inaccuracies in data received from third parties (e.g. primary schools with which the Association has partnership arrangements, other associations) where the Association did not know, and under the circumstances could not reasonably have been expected to know, that such information was inaccurate.

The provisions of this Article shall not exclude or limit the liability of the Association in cases where such liability may not be excluded or
limited under applicable law, nor shall they affect the rights of data subjects or the obligations of the Association relating to the protection of personal data.

A Sponsor, or any other person who identifies an error or inaccuracy in the Association’s data or records, shall notify the Association thereof
without undue delay and, where necessary, provide the information or documentation required to verify and correct such error.

4. FINAL PROVISIONS

Funds donated within the Association’s donor programs are used exclusively to achieve the Association’s statutory objectives and to implement its programs assisting children who are program beneficiaries. Funds are directed toward direct costs to program beneficiaries, such as food, school supplies and equipment, clothing, and accommodation, as well as toward necessary operational costs of program implementation, including salaries and compensation for staff involved in program coordination, communication with sponsors and beneficiaries, administration, record-keeping, and project organization, as well as other justified costs without which program implementation would not be possible.

The share of operational costs depends on the Association’s current needs and project activities and cannot be expressed in advance as a fixed percentage. The Association publishes a financial report annually, showing total funds raised and the structure of expenses by category.

The Association directs its resources as much as possible toward the children who depend on the Association’s assistance, i.e., on sponsors and donors. Due to occasionally limited resources or other issues encountered in gathering information from schools, delays in certain information or the transmission of inaccurate information may occur. In such cases, the Association asks its donors and sponsors for patience and understanding.

All notices relating to the sponsorship agreement must be sent between the Association and the sponsor by registered mail or by email, whereby the sponsor may also send notices to the Association via the contact form available on the Association’s official website. The Association publishes its Financial Reports annually. If a donor or sponsor believes that any of their rights have been violated in their relationship with the Association, they must submit a written complaint to the Association without delay.

Complaints and objections relating to a donation should be submitted to the Association:

The Association will, using the same method by which the complaint was submitted, respond to and provide the donor or sponsor with a final answer regarding all remarks and the merits of the complaint within fifteen days of receiving the complaint. Exceptionally, if the Association is unable to provide a response within fifteen days for reasons beyond its control, it must, within that same period, provide the donor or sponsor with a preliminary response stating the reasons for the delay and the deadline by which the donor will receive a final response, which may not exceed 35 days. As the Data Controller, and pursuant to the General Data Protection Regulation (EU Regulation 2016/679) and applicable Croatian legislation (the Act on the Implementation of the General Data Protection Regulation, Official Gazette No. 42/18), the Association has aligned its operations to provide all donors and sponsors with adequate protection of personal data. The Association undertakes to protect the personal data of donors and sponsors by collecting only the data necessary to fulfill obligations related to the donation and sponsorship. The Association and the sponsor undertake to keep confidential, both during the term of the sponsorship agreement and after its expiry, termination, or cancellation, the information contained in the agreement, as well as information they have learned or obtained access to in connection with the sponsorship agreement. Matters not regulated by these provisions of the General Terms shall be governed by the provisions of the Civil Obligations Act (Zakon o obveznim odnosima) and other applicable legislation of the Republic of Croatia. The Association reserves the right to amend or supplement these General Terms at any time. Changes take effect on the date of publication on the Association’s website. Continued access to or use of any part of the content of the Association’s website shall be deemed acceptance of the amended or supplemented General Terms.

These General Terms take effect and apply to all donor programs as of June 19, 2024.