Terms & Conditions

Terms and Conditions governing the use of this website and donation
payments

IMPACT direct is a foundation (“stichting”) established under Dutch law on 12 June 2020. We
are registered with the Chamber of Commerce under number 78278937, and our registered
office is in Weurt (gemeente Beuningen). You can contact us at info@impactdirect.eu.

These Terms and Conditions govern the use of our website (www.impactdirect.eu) and each use
you make of the donation payment services provided through the website. These Terms and
Conditions can be accessed at all times on our website.

WE REQUEST YOU TO READ THIS DOCUMENT CAREFULLY BEFORE MAKING USE OF OUR
SERVICES, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS. THE TERMS AND CONDITIONS ARE BINDING.

The Terms and Conditions herewith apply to all users of the IMPACT direct website and its
donation payment services. By using impactdirect.eu in any manner, you declare having read
and agreed to these Terms and Conditions and accepted our Privacy Policy.

By agreeing to this online agreement, you accept to be bound by all Terms and Conditions in full.
If you disagree with any part of these Terms and Conditions, you must not use our website.

Please note that our Services are available only to individuals that can form legally binding
contracts under applicable law. Although the general information on our website is suitable for
users of any age, you must be over 18 years to use the Services and the payment methods
displayed on our website.

Glossary of terms used

IMPACT direct Foundation
That’s us! iMPACT direct aims to contribute to the impact of African NGOs in a way that
is faster, cheaper and more effective

Donor
A person or a legal entity who makes a donation through the IMPACT direct website,
thereby contributing to one or more of our fundraising appeals.
Recipient Non-Governmental Organisations (NGOs)
Organisations that will receive the donations made through our website. The NGOs
presented on this website are the final beneficiaries of the donations, and they will use
this money to enhance their impact in the communities in which they work.

Partners
Partner organisations with whom iMPACT direct works with to establish a faster,
cheaper and more effective donation process. Partners are mentioned on our website.

Donation
Money allocated to the NGOs listed on our website. Allocations can be made to one,
several or all NGOs listed on our website (donors can choose to make a general donation
or a specific donation).

Currency of the donations
Each donation will be made in EURO. Should you use another currency, the
corresponding exchange rate will be determined by a Payment Institution and notified
to you before completing the transaction.

Confirmation message
This is the message you will receive from us after making a donation or subscribing to a
successive donation. The message will clearly state how much you have donated, and for
successive donations, the frequency of upcoming payments.

Fundraising appeal
Fundraising campaign with an official start and end date, during which time donations
can be made to all or one of the NGOs presented on the IMPACT direct website.

Start date
Start date of a Fundraising Appeal: first day on which donations can be issued through
our website for a specific fundraising appeal.

End date
End date (closing) of a Fundraising Appeal. On this date, 95% of the total amount
donated to each listed NGO during the fundraising appeal, is disbursed accordingly to
each NGO. Transfers made by IMPACT direct to the recipient NGOs are done in bulk, to
save costs.

Implementation period
The period of time during which recipient NGOs will use the donations to undertake
activities that will enhance their impact, as described on our website.

Website
This refers to the website managed by the IMPACT direct
Foundation: www.impactdirect.eu and any other subsequent website set up for the
same purpose.
www.impactdirect.eu is designed by CAPREA MEDIA B.V. (a Dutch company registered
with the Chamber of Commerce in Hilversum under number 32056224, whom you can
contact at info@caprea-media.nl.)

Updates
Recipient NGOs will provide general updates on their work and the context in which
they operate, as well as updates on the use of funds received through IMPACT direct
fundraising appeals (during the successive planning, implementation and reporting
phases of relevant activities).

  1. Donating through IMPACT direct

1.1 Donation process
a) Between the Start Date and End Date, donors can select an NGO to donate to or instead
make a general donation that will be distributed equally among listed NGOs. Each donor
will decide how much to donate. There is no prescribed minimum or maximum amount.
The Start and End Date will be clearly mentioned in the IMPACT direct communications.
b) On the End Date, 95% of the total amount donated during the fundraising appeal is
transferred (pro-rata) to the respective NGOs. If the fundraising target amount is not
reached, 95% of all donations received will still be transferred (pro-rata) to the listed
NGOs.
c) Once the donations are received, recipient NGOs will use the funding to start
implementing activities to enhance their impact, in line with the description of their
activities on our website. Recipient NGOs will be required to report on the use of these
funds (this information will be published under the ‘updates’ and ‘NGO’ tabs of our
website).

1.2 Specifications
a) Each Fundraising Appeal shall be open for donations for a specified period – announced
on the website – commencing on the Start Date. If, within this term, the target
fundraising amount is achieved, the fundraising appeal may continue until the
conclusion of the term.
b) On the End Date, iMPACT direct will bulk transfer 95% of all donations received to the
NGOs, in the form of a grant (transfers will be done in bulk to reduce costs and usually
take 2 [two] days to process). Each disbursement is an unconditional grant and the
NGOs we fund have passed credibility tests.
c) Should a recipient NGO be dissolved, declare bankruptcy or file for a suspension of
payments, IMPACT direct will make all necessary arrangements to redirect the
donations to other NGOs in our programme.
d) If a donation is made in a currency other than EURO, the applicable exchange rate will
be that which was established by a Payment Institution on the day of the transaction and
communicated to the donor. Donors who pay in currencies others than EURO therefore
expose themselves to currency fluctuations.

1.3 iMPACT direct’s commitments
iMPACT direct will take all reasonable action to ensure proper management of the resources
invested through its website for the purposes set out above.
We, the iMPACT direct team, hereby commit to:
a) Undertake a careful selection of NGOs that truly create impact in their communities and
demonstrate trust, transparency and ethical behaviour.
b) Transfer 95% of all donations made through our website directly to the NGOs presented
on our website.
c) Use the remaining 5% to cover the costs of this pilot project (e.g. notary and bank
transfer fees) and as an investment for any follow-up running costs (e.g. website costs,
transfer fees). In the event that iMPACT direct ceases to exist after the pilot, any
remaining money on iMPACT direct’s bank account will be distributed equally among all
the NGOs that participated in the pilot.
d) Work as volunteers during the pilot (no remuneration shall be perceived). This includes
free website services provided by CAPREA Media to us, and free advice (legal and other)
provided to us.
e) Report on our activities and findings during the pilot and thereafter in an open and
transparent manner, by publishing financial reports and stories on results achieved on
our website and/or on related social media accounts.
To ensure the above, iMPACT direct reserves itself the right to:
f) Delete updates from its website; or to
g) Delete an NGO from its website
without the need to compensate the NGO, any donors who have funded that NGO, or any
other user of this website.

1.4 Rights and responsibilities of donors
By donating through this website, you will contribute to economic development (or poverty
reduction), food security and/or or education advancements in Africa, thereby improving
the life of others.
In return, you can expect updates and reports (on this website, through newsletters and
related social media accounts) from iMPACT direct as well as from the NGO that you
supported.
a) Once you make a donation, you do not have the right to reclaim your money, unless the
NGO you donated to ceases to exist, or any other failures on its behalf come to light
before the End Date of the relevant fundraising appeal.
b) As a donor, you are personally responsible for completing your tax returns; however, for
guidance on claiming tax deductions for your donations, please email us.
c) IMPACT direct reserves itself the right to refuse, without explanation, donations that
could create a possible conflict with our ethics, values and vision. Donors will have
absolutely no right of appeal against such decisions.
d) As a donor, you are not allowed to transfer your rights and obligations under this
Agreement to a third party without the prior written consent of iMPACT direct.

1.5 Selection, rights and responsibilities of participating NGOs
Our beneficiary organisations run sustainable activities in their communities that will go a
long way to improving the lives. NGOs selected fulfilled the following criteria:
• Are African-led NGOs that are compliant with local regulations (i.e. officially
registered and have a bank account and thus were KYC-checked at their bank).
• Whose initiators started from a great idea for local projects, with own or local
resources and can show impact but fail to get (sufficient) resources from granting
donors.
• Contribute to one of these 3 SDGs: poverty reduction/economic development
(SDG1); food security (SDG 2); and higher education (SDG4).
• Show how their project improves lives (facilitated by our application survey, project
form and reporting format).
• Are cost-efficient (i.e. budget/lives improved).
• Engage their beneficiaries in evaluation of projects.
• Are transparent – like iMPACT direct itself – by sharing project information, updates
and reports on our website.

NGOs will receive unconditional donations through the website from donors from Europe,
Africa and possibly from other continents as well in the future.
a) Recipient NGOs are required to use the donations in a prudent manner to undertake
enhance their impact, as outlined on the iMPACT direct website.
Requirements relating to activity presentations, updates and reporting:
b) Recipient NGOs must introduce themselves on the iMPACT direct website, share
references of past projects, and provide regular updates on their work for publication on
the iMPACT direct website, including updates on the context of their operations and
activity planning and implementation.
c) Recipient NGOs must submit a report for publication on the iMPACT direct website,
which includes a video of the activities undertaken and a fact sheet explaining how the
donations were used, within (3) three months of receiving the funds (and every 3
months thereafter, should activity implementation be ongoing).
d) Recipient NGOs must own and control all intellectual property rights for the content
they provide to us.

Duration of the collaboration:
e) The collaboration between iMPACT direct and an NGO is intended for a duration of three
years. This period can be extended for a further three years upon a decision of iMPACT
direct’s board with the aim to support the NGOs to become self-sustaining.
f) Collaboration will be stopped with a one-month notice by either iMPACT direct or the
NGO. Reasons to stop collaboration include not keeping to agreements, (a strong
suspicion of) a misuse of funds, or not realising the sustainable impact.

Limitations and exclusions of liability
Although we take all appropriate measures to facilitate impactful donations to African NGOs and
transparent stories, IMPACT DIRECT IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF
THE WEBSITE OR SERVICES BY YOU OR BY THIRD PARTIES, REGARDLESS OF WHETHER
IMPACT DIRECT HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES,
WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF
GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES
REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY
THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM THE USE OF, OR THE
INABILITY TO USE, THE WEBSITE; EXCEPT WHERE OTHERWISE INAPPLICABLE OR
PROHIBITED BY LAW.
IF, NOT WITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, IMPACT DIRECT
IS FOUND LIABLE, IMPACT DIRECT’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE
LIMITED TO MONEY DAMAGES NOT TO EXCEED €100.
WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR
CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE
SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR
THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE
INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS
AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE
UNAUTHORIZED ALTERATIONS TO THE SITE.

Final clauses
a) All content on our website is protected by international copyright laws and other
intellectual property rights. Content provided by NGOs for publication on our website
and/or social media channels remains the intellectual property of those NGOs. In providing
content to IMPACT direct, NGOs grant iMPACT direct an irrevocable and royalty-free licence
to use such content for communication and marketing purposes.
b) These Terms and Conditions shall not benefit or create any right or cause of action in or on
behalf of any person other than the parties hereto.
c) IMPACT direct reserves the right to amend these Terms and Conditions from time to time, at
its sole discretion, by posting an announcement of such changes on its website and the
revised Terms and Conditions marked to show the date of the revisions. By continuing to
use the website after such changes are posted, you acknowledge and agree to be bound by
the Terms and Conditions as modified.
d) These Terms and Conditions have been published on the iMPACT direct Website. Upon
request, IMPACT direct will email these to you electronically.
e) All communication between IMPACT direct and users of its website and services will be
strictly undertaken in English.

Applicable Law
These Terms and Conditions are governed by Dutch Law. If you have a complaint regarding our
services at IMPACT direct, or a contractual dispute relating to these Terms and Conditions, you
must first contact us (info@impactdirect.eu ) and the issue will be referred to the dispute
resolution committee (overseen by the foundation’s Board) for resolution through mediation.
Should mediation fail to settle the dispute, the case will be referred to the court of Nijmegen.

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