GENERAL

Article 1. Definitions

TERMS AND CONDITIONS: The Terms and Conditions of Stichting 1%CLUB, of which the SPECIAL PROVISIONS are an integral part.
SPECIAL PROVISIONS: The Special Provisions between 1%CLUB and 1%PARTICIPANTS, the Special Provisions between 1%CLUB and 1%PROJECT PROVIDERS and the Special Provisions between 1%PROJECT PROVIDERS and 1%PARTICIPANTS (whether separate or in conjunction).
SPECIAL PROVISIONS BETWEEN 1%CLUB AND 1%PARTICIPANTS: The Special Provisions between 1%CLUB and 1%PARTICIPANTS.
SPECIAL PROVISIONS BETWEEN 1%CLUB AND 1%PROJECT PROVIDERS: The Special Provisions between 1%CLUB and 1%PROJECT PROVIDERS.
SPECIAL PROVISIONS BETWEEN 1%PROJECT PROVIDERS AND 1%PARTICIPANTS: The Special Provisions between 1%PROJECT PROVIDERS and 1%PARTICIPANTS.
1%CLUB: The foundation Stichting 1%CLUB, registered as Stichting 1Procentclub in the trade registry of the Chamber of Commerce under number 34267895, having its principal place of business in Amsterdam, at Nieuwezijds Voorburgwal 21-III, postcode 1012 RC in Amsterdam, and having its registered office in Haarlem.
1%PROJECT PROVIDER: Any legal entity, or any natural person who is a resident of the Netherlands, that has concluded a POSTING AGREEMENT with 1%CLUB.
1%PARTICIPANT: Any natural person or legal entity that has a separate account with 1%CLUB and that donates, has donated or will donate funds for a 1%PROJECT; on the website and in other communications 1%PARTICIPANTS are sometimes referred to as 1%members. No rights can be derived from the term 1%member in the sense of membership of an association.
1%PROJECT: A project described on the 1%CLUB website for which a POSTING AGREEMENT has been concluded between 1%CLUB and the 1%PROJECT PROVIDER, also referred to as a ‘project’.
1%SITE: The website of 1%CLUB, which can be found at http://www.onepercentclub.com and http://www.1procentclub.nl.
POSTING AGREEMENT: An agreement between 1%CLUB and the 1%PROJECT PROVIDER under which the 1%PROJECT PROVIDER presents a development project on the 1%SITE.
PROJECT PAGE: A page on the 1%CLUB website on which a 1%PROJECT PROVIDER describes its project.
AGREEMENT: Any agreement between 1%CLUB and a 1%PROJECT PROVIDER, between 1%CLUB and a 1%PARTICIPANT or between a 1%PROJECT PROVIDER and a 1%PARTICIPANT.

Article 2. Applicability of these Terms and Conditions

2.1 These Terms and Conditions consist of a general part (Article 2 to Article 7), a part that exclusively concerns the juristic relationships and other dealings between 1%CLUB and 1%PROJECT PROVIDERS (the Special Provisions between 1%CLUB and 1%PROJECT PROVIDERS, Articles 1 to 3), and a part that exclusively concerns the juristic relationships and other dealings between 1%CLUB and 1%PARTICIPANTS (the Special Provisions between 1%CLUB and 1%PARTICIPANTS, Articles 1 and 2).
2.2 These Terms and Conditions govern all requests, offers and agreements between 1%CLUB and 1%PROJECT PROVIDERS and between 1%CLUB and 1%PARTICIPANTS, unless the parties explicitly agree otherwise in writing. The terms and conditions of the 1%PROJECT PROVIDER or 1%PARTICIPANT or of other users of the 1%SITE do not apply.
2.3 1%CLUB reserves the right to amend its Terms and Conditions without prior notification. Amendments enter into force five days after the 1%PROJECT PROVIDERS and 1%PARTICIPANTS have been notified by E-mail of the amendment to the Terms and Conditions.
2.4 Unwritten announcements, commitments or arrangements have not legal effect unless confirmed in writing.
2.5 If one or more provisions of these Terms and Conditions are declared null or void, the remaining provisions remain in full force.

Article 3. Agreements

3.1 Tenders and offers from 1%CLUB do not constitute any form of commitment and may be retracted by 1%CLUB at any moment before the agreement is concluded.
3.2 1%PROJECT PROVIDERS and 1%PARTICIPANTS are obliged to supply the following information if 1%CLUB so requests:
- 1%PROJECT PROVIDERS:
a. a copy of an extract from the Chamber of Commerce (no more than 3 months old), and
b. a copy of a valid identity document of one or more authorised signatories, depending on the number specified on the extract (for ‘independently authorised’: 1 identity document, for ‘jointly authorised with other director/directors’: 2 identity documents)..
c. three references
3.3 1%CLUB reserves the right to demand a review report from a registered accountant or accounting consultant registered in the Netherlands regarding the 1%PROJECT PROVIDER's creditworthiness, if 1%CLUB deems such necessary to substantiate the account rendered by 1%CLUB to the 1%PARTICIPANT or 1%PARTICIPANTS supporting or wishing to support a project.

Article 4. Donations

4.1 Both natural persons and legal entities may donate funds to the 1%PROJECT PROVIDER for a 1%PROJECT, via a separate account with 1%CLUB.
4.2 As soon as the total amount requested for a 1%PROJECT has been donated, 1%CLUB will pay the donations to the 1%PROJECT PROVIDER, net of a service fee and transaction charges. The amount of the service fee is specified in the POSTING AGREEMENT concerned. A general overview of service fees and online transaction charges is available on the 1%SITE.
4.3 Sections 175 to 188, Book 7 of the Dutch Civil Code on ‘gifts’ apply equally to the juristic relationships between 1%PROJECT PROVIDERS and 1%PARTICIPANTS.
4.4 Pursuant to Section 175(2), Book 2 of the Dutch Civil Code, any donations that a 1%PARTICIPANT makes to a 1%PROJECT PROVIDER are considered to have been accepted by the 1%PROJECT PROVIDER if the 1%PROJECT PROVIDER does not reject the donation immediately after having learned of its existence.
4.5 Once paid, donations cannot be reclaimed from 1%CLUB.
4.6 If 1%CLUB learns that a 1%PROJECT PROVIDER is not using the donated sum in the manner described by that 1%PROJECT PROVIDER on the 1%SITE, 1%CLUB will endeavour to have the 1%PROJECT PROVIDER refund the donated sum to 1%CLUB. If the donated sum is refunded, that amount will be divided over the three most popular open projects at that moment. If the 1%PROJECT PROVIDER does not refund the donated sum to 1%CLUB, the 1%PARTICIPANTS reserve the right to reclaim their donations from that 1%PROJECT PROVIDER directly.

Article 5. Services and liability of 1%CLUB

5.1 1%CLUB does not regulate the contents of communications between 1%PROJECT PROVIDERS and 1%PARTICIPANTS. As such, 1%CLUB has a very limited degree of control, if any at all, over the quality, safety, legitimacy, integrity or accuracy of the respective rights and obligations, or the separate elements thereof, that apply between the 1%PROJECT PROVIDER and the 1%PARTICIPANT under the agreement.
5.2 1%PROJECT PROVIDERS, 1%PARTICIPANTS and other users of the 1%SITE indemnify 1%CLUB, now and in the future, for all third-party claims for compensation for damages relating to the respective rights and obligations that apply between those parties or between those parties and 1%CLUB based on any agreement or any other juristic relationship.
5.3 In no instance is 1%CLUB liable for the manner in which 1%PROJECT PROVIDERS, 1%PARTICIPANTS or other parties use the services and/or equipment or related facilities supplied by 1%CLUB. Specifically, 1%PROJECT PROVIDERS, 1%PARTICIPANTS and others indemnify 1%CLUB for third-party claims (including claims from 1%PROJECT PROVIDERS and 1%PARTICIPANTS) concerning the contents of the files, data and/or materials that 1%CLUB makes available on the 1%SITE.
5.4 1%CLUB is not liable for damages arising as a consequence of the failure or improper functioning of facilities that are part of its services or equipment, except if that failure or improper functioning is the result of wilful misconduct or gross negligence on the part of 1%CLUB.
5.5 If 1%CLUB is liable based on an attributable failure in the performance of its obligations, its liability is limited to the immediate damages directly related to that failure. 1%CLUB's liability for such damages is limited to EUR 1000, and 1%CLUB is in no instance obliged to pay more in compensation for damages than the service fee that it charged for the 1%PROJECT in question. Liability for any form of indirect or consequential damages is excluded.
5.6 1%CLUB is entitled, without prior announcement, to permanently or temporarily suspend its service or to limit the use thereof or else to discontinue the services for 1%CLUB without being required to specify any grounds and without this giving rise to any right to compensation for damages from 1%CLUB.
5.7 1%CLUB does not offer any guarantees that 1%CLUB's service will be available at all times and without interruption or malfunctions.
5.8 In addition to any other means of recourse or remedies available to 1%CLUB, 1%CLUB is entitled to limit the activities performed by 1%PROJECT PROVIDERS or 1%PARTICIPANTS in connection with 1%CLUB, to close the account (temporarily or permanently) and/or remove it (temporarily or permanently), to remove the files, data and/or materials, to notify users of 1%SITE of the activities, issue a warning or refuse to provide services to a 1%PROJECT PROVIDER or a 1%PARTICIPANT or to other users of the 1%SITE, specifically though not exclusively if:
- the 1%PROJECT PROVIDER/1%PARTICIPANT/other users of the 1%SITE are acting in contravention of the Terms and Conditions and/or of these Special Provisions;
- the 1%PROJECT PROVIDER/1%PARTICIPANT/other users of the 1%SITE do not allow 1%CLUB to
verify or identify data supplied to 1%CLUB by the 1%PROJECT PROVIDER/1%PARTICIPANT/other users of the 1%SITE;
- 1%CLUB believes that the acts of the 1%PROJECT PROVIDER/1%PARTICIPANT/other user or users of the 1%SITE may cause damage to or give rise to liability for themselves or other users or 1%CLUB. 1%CLUB does not accept any liability in this connection whatsoever.

Article 6. Links and privacy policy

6.1 It is possible that the 1%SITE contains referrals to websites of third parties (for example using hyperlinks, banners or buttons). 1%CLUB does not have any control or influence whatsoever over the contents or policies of those websites. Visitors to those websites are subject to the rules for privacy and other issues of those websites. As such, 1%CLUB is not responsible for the contents or methods of those websites, nor does it accept any liability whatsoever for those websites.
6.2 1%CLUB does not supply personal information to third parties without the consent of the person whose information is concerned.

Article 7. Other provisions; applicable law

7.1 These Terms and Conditions are governed by the laws of the Netherlands. Any disputes resulting from these Terms and Conditions will be referred exclusively to the competent court in Amsterdam.


SPECIAL PROVISIONS BETWEEN 1%CLUB AND 1%PROJECT PROVIDERS

Article 1. Registering 1%PROJECTS

1.1 Legal entities may register projects with 1%CLUB.
1.2 If the 1%PROJECT PROVIDER is a natural person, he or she must be 18 years of age or older.
1.3 The 1%PROJECT PROVIDER must have a bank account in the legal entity's name.
1.4 1%CLUB decides whether or not a project will be placed on the 1%SITE.
1.5 For purposes of deciding whether or not a project will be placed on the 1%SITE, 1%CLUB will consider, among other factors, the following:
a. the degree to which the project helps to alleviate poverty;
b. the degree to which the project is compliant with the Terms and Conditions and/or Special Provisions;
c. the degree to which the 1%PROJECT PROVIDER has fulfilled its obligations, at that moment and/or in the past, under the Posting Agreement and the Terms and Conditions and Special Provisions;
1.6 The maximum sum that may be requested for a project is EUR 5,000.00. During the term of the Posting Agreement, the 1%PROJECT PROVIDER may submit a substantiated request to 1%CLUB to lower the project sum requested.
1.7 The 1%PROJECT PROVIDER may not register any new projects with 1%CLUB while a project placed previously by that 1%PROJECT PROVIDER has not yet been evaluated.

Article 2. Duration and substance of the 1%PROJECT

2.1 The 1%PROJECT will be open for donations on the 1%SITE for a maximum duration of 6 months, including information activities, fundraising and preparation for the project, which duration commences on the date specified in the Posting Agreement.
2.2 The project must be aimed at alleviating poverty and must be carried out in a developing country. The Organisation for Economic Co-operation and Development (OECD) has a list that is considered to be the official list of developing countries, known as the DAC list.
2.3 1%CLUB is a market place for development projects. A project is a unique assignment, with a limited timeframe and limited resources, that must be completed with a project outcome. 1%CLUB is not a platform for financing organisations' general operating costs. This means that the aid requested must be for costs linked directly to the performance of a project.
2.4 Projects may not involve initiatives aimed in whole or in part at proselytising.
2.5 Projects may not involve initiatives aimed primarily at study opportunities or research.

Article 3. Responsibilities of the 1%PROJECT PROVIDER regarding the project

3.1 The 1%PROJECT PROVIDER is responsible for carrying out, monitoring, evaluating and following up on the project.
3.2 The 1%PROJECT PROVIDER should keep the 1%PARTICIPANTS informed of the progress achieved with the project, through the 1%SITE, including at the minimum the following information:
a. information about how the project is progressing: when carrying out its project, the 1%PROJECT PROVIDER must keep the 1%PARTICIPANTS donating to that project informed on a monthly basis of how the project is progressing, by posting text, photographs and short film clips, for example, on the PROJECT PAGE of the 1%SITE.
b. answering questions from 1%PARTICIPANTS: wherever possible within reason, the 1%PROJECT PROVIDER must respond to questions from 1%PARTICIPANTS.
c. information about new project developments: the 1%PROJECT PROVIDER must announce new project developments on the PROJECT PAGE of the 1%SITE as soon as possible.
3.3 If the 1%PROJECT PROVIDER has a website, it must include a link or banner referring to 1%CLUB on that website.
3.4 At the 1%PROJECT PROVIDER's request, 1%CLUB may supply the following documents to the 1%PROJECT PROVIDER:
a. print-outs of Internet banking information that have been certified by the bank branch, as proof of collection;
b. a bank statement on the bank's stationary, stamped and initialled by a bank employee.

Article 4. Termination of the Posting Agreement

4.1 If the 1%PROJECT PROVIDER does not fulfil its obligations as described in Article 3 of the SPECIAL PROVISIONS, 1%CLUB is entitled to terminate the Posting Agreement. 1%CLUB will notify the 1%PROJECT PROVIDER by E-mail of its decision, and will explain the grounds for the termination. 1%CLUB's decision is final.
4.2 If it becomes apparent that the 1%PROJECT, after having been posted on the 1%SITE, does not meet the requirements as described in Articles 2.2 to 2.5 of the SPECIAL PROVISIONS, 1%CLUB is entitled to terminate the Posting Agreement. 1%CLUB will notify the 1%PROJECT PROVIDER by E-mail of its decision, and will explain the grounds for the termination. 1%CLUB's decision is final.
4.3 If circumstances arise even before total project sum requested has been donated that prevent the 1%PROJECT PROVIDER from carrying out the 1%PROJECT it may terminate the Posting Agreement by notifying 1%CLUB in writing. In that event, the 1%PROJECT PROVIDER is obliged to post a message on the 1%SITE explaining why it is unable to carry out the 1%PROJECT.
4.4 If the 1%PROJECT has not obtained the requested project sum in donations after having been posted on the 1%SITE for 24 months, the 1%PROJECT PROVIDER will be given the opportunity to state whether the 1%PROJECT can nevertheless be performed from the donations obtained, and if so in what manner. If 1%CLUB finds, exclusively at its own discretion, that the 1%PROJECT cannot be performed without the requested project sum having been donated, it will notify the 1%PROJECT PROVIDER of that finding by E-mail and the Posting Agreement will automatically be terminated.
4.5 If the Posting Agreement is terminated based on one of the circumstances as described in this Article 4 and the donated sums have not been paid to the 1%PROJECT PROVIDER, the donations received will be divided among the three most popular open projects at that moment.

SPECIAL PROVISIONS BETWEEN 1%CLUB AND 1%PARTICIPANTS

Article 1. Account

1.1 To utilise the service or services of 1%CLUB, the 1%PARTICIPANT must apply for a separate account in the manner described on the 1%SITE.
1.2 If the 1%PARTICIPANT is a natural person, he or she must be 18 years of age or older.
1.3 1%CLUB decides at its own discretion whether or not to grant an account.
1.4 The 1%PARTICIPANT may terminate his or her account at any moment.
1.5 The 1%PARTICIPANT guarantees toward 1%CLUB that the information supplied to 1%CLUB by the 1%PARTICIPANT is complete, truthful and accurate, including the 1%PARTICIPANT's personal details such as name and E-mail address.
1.6 The 1%PARTICIPANT is responsible for ensuring that the password to his or her own account is not disclosed to other persons, and may not grant other persons access to 1%CLUB using his or her own account.
1.7 The 1%PARTICIPANT is liable for all consequences of any use of the 1%PARTICIPANT's account by other persons, whether or not with the 1%PARTICIPANT's consent or knowledge, that arise before the moment that the 1%PARTICIPANT notifies 1%CLUB of any unauthorised use.
1.8 As soon as the 1%PARTICIPANT learns that a 1%PROJECT PROVIDER is acting in contravention of the Terms and Conditions of 1%CLUB, he or she must notify 1%CLUB of that fact without delay.

Article 2. Access and content

2.1 Subject to the Terms and Conditions and Special Provisions between 1%CLUB and 1%PARTICIPANTs, the 1%PARTICIPANT in principle retains the copyrights and other intellectual property rights that belong to the 1%PARTICIPANT in relation to the files that the 1%PARTICIPANT makes available through 1%CLUB.
2.2. The 1%PARTICIPANT acknowledges and agrees that by making files, data and/or materials available to 1%CLUB (which for purposes of these provisions includes uploading such files, data and/or materials) the 1%PARTICIPANT automatically:
a. grants 1%CLUB a free, unencumbered, worldwide, non-exclusive licence (i) to use, reproduce, disseminate and bring into the public domain the files, data and/or materials in connection with 1%CLUB's service, and (ii) to use and reproduce the files, data and/or materials (and allow third parties to reproduce them), using whatever form of media, for marketing and/or promotional purposes relating to 1%CLUB's services;
b. grants 1%CLUB the right to remove any files, data and/or materials made available by the 1%PARTICIPANT from 1%CLUB's servers and from 1%CLUB's services, whether intentionally or unintentionally and based on whatever grounds or without grounds, without 1%CLUB being liable in any manner in respect to the 1%PARTICIPANT or any third party.
2.3 The activities that the 1%PARTICIPANT performs in connection with 1%CLUB may not (i) be based on untruths or be misleading, (ii) infringe on any third-party rights, including copyrights, neighbouring rights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy, (iii) contravene any law, regulation, bye-law or other applicable rules, (iv) contain viruses, Trojan horses, worms, bots or other software that may damage, render unusable or inaccessible, delete or appropriate any computerised work or data.
2.4 The 1%PARTICIPANT guarantees in respect of 1%CLUB that he or she has sufficient authority to use 1%CLUB and/or its services and to act in accordance with the Terms and Conditions and with these Special Provisions. The 1%PARTICIPANT also guarantees that he or she will at all times fulfil his or her obligations under the Terms and Conditions and these Special Provisions and that he or she will observe all laws and regulations that govern the use of 1%CLUB.
2.5 Below is a non-exhaustive list of content that 1%CLUB will not in any case allow the 1%PARTICIPANT to make available (as judged solely by 1%CLUB):
- content that is discriminating in terms of appearance, race, religion, sex, culture or origins, or otherwise qualifies as offensive;
- content that incites to violence and/or harassment toward one or more other persons and/or that leads to or stems from exploitation or abuse of other persons;
- content that is contrary to public morality or good taste, is violent or contains links to pornographic material or pornographic websites;
- content in which personal details are made available;
- content that encourages or constitutes the performance of illegal activities;
- content involving chain letters, junk mail or spamming;
- content in which passwords or other information that can be traced back to persons are requested for commercial or illegal activities;
- content involving commercial activities that do not have 1%CLUB's prior written approval, for example advertising, lotteries, competitions or pyramid games;
- content that includes photographs or images of other persons, without those other persons' consent.
- content that infringes on intellectual property rights belonging to third parties.