The Portal and the Organisation are hereinafter referred to separately as "Country"and the card - "By parties".
Given that:
(A) The portal provides a website https://paramosportalas.lt announce the support project and the Portal takes publicity action;
(B) The organisation wants to use the website https://paramosportalas.lt by announcing your support project;
(C) The Portal shall be entitled to receive remuneration for the purpose of defraying its costs and for the fulfilment of its other objectives;
The Parties have entered into this Service Contract (hereinafter referred to as the "Service Contract") "The Treaty") and have agreed on the following terms.
1. Object and subject matter of the Agreement
1.1 Under the Agreement, the Portal undertakes to publish on its website https://paramosportalas.lt information on the Organisation's project as detailed in Annex 1 to the Agreement (hereinafter referred to as "Project"), to enable donors to provide financial support to the Project, and the Organisation undertakes to use the financial support received for the Project in a transparent and efficient manner and to pay the Portal the remuneration set out in the Agreement. The Parties also undertake to fulfil other obligations as defined in this Agreement and in the legislation of the Republic of Lithuania.
1.2 The Parties agree that the Portal will publicise the Project in accordance with the terms and conditions set out in Schedule 1 to the Agreement, which form an integral part of this Agreement, and any other agreements entered into by the Parties in accordance with the procedures set out in this Agreement.
1.3 The beneficiaries of the project may be all natural or legal persons, whether or not they have the official status of a beneficiary (according to the legislation of the Republic of Lithuania). The funds received by the Organisation and/or the Beneficiary shall be taxed (if taxable) in accordance with the legislation of the Republic of Lithuania and the Portal shall not assume any responsibility for the declaration and payment of taxes payable by the Organisation and/or the Beneficiary and/or for the publicity of the donation, reporting, if required to be done under the legislation of the Republic of Lithuania.
2. Organisation approvals
2.1 By entering into the Agreement, the Organisation confirms that it is entitled to collect and/or receive donations in accordance with the legislation of the Republic of Lithuania. This is an essential condition.
2.2 By entering into this Agreement, the Organisation confirms that it has all the necessary knowledge, skills, resources and capacity to implement the Project.
2.3 By entering into this Agreement, the Organisation confirms that it is aware of the requirements imposed by the legislation of the Republic of Lithuania, including but not limited to those relating to the collection and/or receipt of donations, their publicity, their accounting and other requirements, and the Portal shall not be obliged to make the Organisation aware of such requirements, remind the Organisation of the fulfilment of such obligations, etc. This is an essential condition.
3. Portal rights and obligations
3.1. the Portal undertakes to publish the Project https://paramosportalas.lt on the terms and conditions set out in the Project (Annex 1 to the Agreement).
3.2 The Portal undertakes to maintain, manage and update https://paramosportalas.lt and publicise it in the ways and by the means of their choice.
3.3 The Portal shall be entitled to receive the remuneration set out in the Agreement.
3.4 The Portal does not assume any obligation in connection with the Project and does not assume any responsibility for the Organisation or any other person in connection with the Project, including but not limited to the Auctioneers. The Portal shall not be responsible for the provision of reports in relation to the Project in accordance with the legislation of the Republic of Lithuania. This is an essential condition.
3.5 The Portal shall not be liable if the amount required to implement the Project is not collected.
3.6 The Portal shall not refund the remuneration paid by the Organisation if the Organisation, having failed to raise the amount required for the Project, cancels and/or ceases to carry out the Project.
3.7 The Portal shall have other rights and obligations provided for by the legislation in force in the Republic of Lithuania.
4. Rights and obligations of the organisation
4.1 The Organisation undertakes to make use of the available knowledge, skills, resources and capacities to implement the Project in a satisfactory manner in accordance with the Project objectives.
4.2 The Organisation undertakes to carry out the Project in a transparent and efficient manner and to use the financial support received for the implementation of the Project. This is an essential condition.
4.3 The Organisation undertakes to pay the Portal the remuneration set out in this Agreement. This is an essential condition.
4.4 The Organisation undertakes to provide third parties (donors, institutions, the public, etc.) with all necessary reports, including those required by the legislation of the Republic of Lithuania, by its own efforts, resources and risk. The Organisation shall also ensure that reports are submitted by donors where required by the legislation of the Republic of Lithuania. This is an essential condition.
4.5 The Organisation undertakes to make public information about the support received. This is an essential condition.
4.6 The Organisation is obliged to declare and pay taxes on the funds received by the Beneficiary(s), which are taxable under the legislation of the Republic of Lithuania, at its own cost and effort and/or to arrange for such funds to be declared and paid. The Portal assumes no responsibility for the declaration and payment of taxes due by the Organisation and/or the beneficiary.
4.7 The Organisation undertakes to ensure that at all times during the term of the Agreement, its statutes, by-laws or other similar documents defining its activities provide for the receipt of donations for the public benefit purposes specified by law, and that at all times, if it is required to do so, it is publicly registered as a legal recipient of donations. This is an essential condition of this Agreement.
4.8 The Organisation undertakes to keep records of the donation in accordance with the procedure established by the legislation of the Republic of Lithuania and to submit declarations and other information to the responsible authorities. This is an essential condition.
4.9 The Organisation is solely responsible for the correctness and lawfulness of all and any data received and is obliged to process personal data in accordance with the procedure established by the legislation of the Republic of Lithuania.
4.10. The Organisation undertakes to open a fundraising account with Paysera LT, UAB, company code 300060819 (website https://www.paysera.lt) and to collect funds for the Project only in this account. By opening (opening) an account, the Organization must confirm that the Portal has the right (shall be granted such rights) to debit and/or Paysera LT, UAB has the right (shall be granted such rights) to debit and transfer to the Portal the fees set out in this Agreement from the account opened (opened). In addition, to accumulate EUR 15 in the account opened by him. This is an essential condition of the Agreement.
4.11.
4.12. The Organisation shall have other rights and obligations provided for by the legal acts of the Republic of Lithuania.
5. Remuneration and billing
5.1 The Organisation must pay the Portal a remuneration (service fee) for publishing the Project.
5.2. the Portal's remuneration (service fee) shall be 7 (seven) percent, but not less than EUR 1 on the payment received by the Organisation for the Project (the "Consideration").
5.3. the Reward shall be debited from the Organisation's account with Paysera LT, UAB, which collects funds for the Project (i.e. the Portal shall have the right to debit, including automatically debit). The Reward is deducted from each contribution received from donors (donors).
5.4.If the Portal finds a donor who wishes to donate more than EUR 14500 to the Organisation, this agreement will have to be made and notarised. The amount of the Portal's remuneration shall be the same as set out in clause 5.2 and shall be paid to the Portal within 5 days after the donation is received.
5.5 The Parties may agree, in writing, that the Organisation will advertise on the Portal if an Auctioneer is found in accordance with clause 5.31 and that a portion of the remuneration to be received by the Portal shall be set off against advertising on other projects of the Organisation, reducing the Portal's remuneration in accordance with clause 5.2;
5.6 The Portal shall also be entitled to charge the following fees, which shall be deducted from the monies donated to the Organisation's account (in accordance with clause 5.3 of the Agreement):
5.7. the monthly Project Support Fee - EUR 5;
5.8. an administration fee of EUR 10 for the opening of the project portal;
6. Confidentiality
6.1 The Parties undertake to keep confidential the information provided by the Parties to each other in the performance of the Contract or in connection with the Contract, as well as the content of the Contract, and not to disclose such information to third parties without the prior written consent of the other Party, except in the cases provided for by the laws of the Republic of Lithuania. These requirements shall not apply to information which:
6.1.1. at the time of its disclosure, it has already been published or otherwise made publicly available to the general public;
6.1.2. after it has been disclosed by the other Party, is made public or becomes publicly available to the general public;
6.1.3. it was at the time of disclosure in the possession of the Party and was not directly or indirectly received from the other Party;
6.1.4. was lawfully obtained from a third party who acquired the information without an obligation of confidentiality given to the other Party.
7. Responsibilities of the Parties
7.1 The Party which fails to perform its obligations under the Agreement, which breaches the obligations provided for in this Agreement, including the laws of the Republic of Lithuania, shall be obliged to compensate the other Party for the losses incurred as a result thereof.
7.2 A Party that breaches the material terms of this Agreement shall be liable to pay to the other Party a penalty of EUR 1000 for each breach, which shall be an irreducible and non-refutable amount of minimum damages.
7.3 If a Party fails to pay the other Party any amount due under the Contract within 5 working days after the due date for payment, it shall pay the other Party interest at the rate of 0.02 per cent of the amount not paid on time for each day of delay until the obligation has been met.
8. Force majeure
8.1 A Party shall not be held liable for any failure or partial failure to perform any of its obligations under this Agreement if such failure or partial failure is due to unusual circumstances which the Parties could not have foreseen, avoided or remedied by any means whatsoever ("Unusual circumstances").Force majeure circumstances"), e.g. governmental decisions and other acts affecting the operations of the Parties, political disturbances, strikes, declared and undeclared wars, other armed clashes, fires, floods and other natural disasters. In such case, the time limit for performance of the obligations of the Parties shall be extended.
8.2 The Party requesting relief must notify the other Party in writing of the force majeure circumstances within 14 calendar days of the occurrence of such circumstances, providing evidence that it has taken all reasonable precautions and made every effort to minimise the costs or adverse consequences, and of the likely time limit for the fulfilment of its obligations. Notification is also required when the grounds for default cease to exist.
8.3 The grounds for releasing a Party from liability shall arise from the moment of the occurrence of the Force Majeure Event or, in the case of failure to give timely notice, from the moment of the giving of notice. If a Party fails to give timely notice or to inform, it shall be liable to compensate the other Party for any damage suffered by the other Party as a result of the failure to give timely notice or the absence of any notice.
9. Validity, amendment and termination of the Agreement
9.1 This Agreement shall come into force upon its signature and shall remain in force until fully performed or terminated.
9.2 The Contract may be signed by ordinary signature or by qualified electronic signatures, or by the Parties exchanging signed digital copies of the Contract by email (.pdf or other appropriate form) or by confirming acceptance of the terms of the Contract via the website https://paramosportalas.lt (in which case the confirmation is saved in .pdf or other format). Any signature/confirmation of the Contract referred to in this clause shall have the same legal effect as the original Contract signed by the Parties' authorised representatives.
9.3 This Agreement may be supplemented or amended by written agreement of the Parties.
9.4 This Agreement shall be terminated before the expiry of its term in the cases provided for by the legislation of the Republic of Lithuania and in the cases and under the conditions provided for in this Agreement.
9.5 The Contract may be terminated by mutual consent of the Parties upon one Party notifying the other Party in writing of its desire to terminate the Contract and upon the Parties agreeing on the procedure for termination and the obligations of the Parties in connection therewith.
9.6 If either Party breaches the material terms of the Contract or fails to perform its obligations under the Contract and fails to remedy the breach within 3 working days, the other Party shall have the right to unilaterally terminate the Contract by giving an additional three (3) calendar days written notice to the Party in breach. In this case, the Contract shall be deemed to be terminated upon the expiry of the aforementioned period of three (3) calendar days.
9.7 The Portal shall have the right to unilaterally terminate the Contract by giving 3 working days' notice to the Organisation if the total amount required for the Project has not been collected, but not earlier than 6 (six) months after the date of conclusion of the Contract.
9.8 If this Agreement states that it is an essential term, failure to comply and/or fulfil it shall entitle the Portal to unilaterally terminate the Agreement at any time by giving 3 working days' notice, without further notice, to remedy the breach.
9.9 Termination of the Contract shall not relieve the Parties from the performance of their obligations under the Contract.
9.10. the Remuneration paid by the Organisation to the Portal shall not be refunded, unless the Organisation proves, in accordance with the procedure established by the legislation of the Republic of Lithuania, that it should be refunded.
10. Applicable law and dispute resolution
10.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lithuania.
10.2 Any differences or disputes arising between the Parties in connection with this Agreement shall be settled amicably between the Parties. In the event that the Parties fail to reach an agreement, any disputes, disagreements or claims arising out of or in connection with this Agreement, its breach, termination or validity, which have not been resolved by agreement between the Parties, shall be settled by the Kaunas District Court or Kaunas Regional Court, depending on the amount of the claim.
11. Other provisions
11.1 Neither Party may assign all or any part of its rights and obligations under the Contract to any third party without the prior written consent of the other Party.
11.2 Notices or other communications from the Parties under this Agreement shall be given by e-mail or by registered or courier mail or by hand delivery to the Party (its legal representative) at the e-mail or correspondence addresses set out in the Agreement or the Annexes thereto or at any other e-mail or other address specified by the Party in accordance with this Agreement. The Parties agree that a notice or other communication sent by email shall be deemed to have been received on the next business day following the date of transmission.
11.3 In the event of a change of address, email address and/or other details or contact person of a Party, the Party undertakes to inform the other Party thereof within a period of no later than 3 (three) working days.
11.4 The Parties confirm that they have read the Agreement, understand its contents and consequences, have accepted it as being in accordance with their intentions, and have signed it on the date indicated above.
