The Board of Directors of Humanitarian Foundation “Kuća od Srca”, based on Article 37 of the Law on Endowments and Foundations (“Official Gazette of RS”, no. 88/2010, 99/2011 – other law and 44/2018 – other law) and Article 18 of the Statute of the Humanitarian Foundation, House of the Heart, at the session held _____________ adopts:
RULEBOOK
ABOUT THE PROVISION OF SERVICES TO FOUNDATION BENEFICIARIES, THE METHOD OF COLLECTION AND THE TERMS OF USING DONATIONS OF THE HUMANITARIAN FOUNDATION “KUĆA OD SRCA”
Subject of the Rulebook
Article 1.
This Rulebook regulates the Beneficiary’s application procedures, the type of assistance and the way of providing services to the Beneficiaries of the Foundation, the methods of collection and terms of use of
donations received, obligations and responsibilities of the Contracting parties.
Documentation of the Foundation
Article 2.
The Foundation’s documentation is:
1. Request for establishing a beneficiary relationship with the Foundation (hereinafter: “Request”) – a document filled out by the person submitting the Request to the Foundation
2. Agreement on establishing a beneficiary relationship (hereinafter: “Agreement”) – a document that defines the rights and obligations of the contracting parties in accordance with the provisions of this Rulebook, signed by the person who submitted the Request to the Foundation and the legal representative of the Foundation.
3. Cost table – specification
4. Consent for the collection, processing and publication of Beneficiary’s personal data, photo, audio and video recordings, signed by the person submitting the Request to the Foundation.
The contract with the Foundation, as well as all other documentation, if the Beneficiary is an adult, of the legal age, is signed personally by the Beneficiary or a person authorized by the Beneficiary, i.e., the guardian of an adult.
Documentation for the Beneficiary’s application to the Foundation
Article 3.
The Foundation determines that any natural person who needs help for the reconstruction or complete construction of a residential building can become a Beneficiary of the Foundation, all in order to ensure humane living conditions. For a natural person to become a Beneficiary of the Foundation, it is necessary to submit the following documentation to the Foundation:
1. Completed Request for establishing a beneficiary relationship.
2. Simply completed and signed Declaration of Consent for the collection, processing and publication of personal data, photographs, audio and video recordings.
After checking submitted documentation and ensuring that conditions for establishing a beneficiary relationship with the Foundation prescribed by this Rulebook are met, a meeting is scheduled at the Foundation’s premises for signing the Agreement and verifying the signatures of the contracting parties.
Responsibilities and obligations of the signatories of the Agreement with the Foundation
Article 4.
The signatory of the Agreement with the Foundation assumes the following responsibilities and obligations:
That he/she is aware and agrees that he/she voluntarily joined the Foundation by submitting the Request and accompanying documentation, that he/she was familiarized with the rules of the Foundation’s work in a timely manner, before signing the Agreement, which above all must protect all the Beneficiaries, and that if after signing the Agreement he/she is not satisfied with the way of working, is able to leave the Foundation and the service provided at any time because there is no obligation towards the Foundation.
that in the event of significant changes in connection with the humanitarian actions advertised on the Foundation’s website, he/she has the obligation to notify the Foundation within 48 hours of the occurrence of the change in order to update and publish accurate data on the Beneficiary’s page on the Foundation’s website.
that he/she is aware and agrees that in case of publication and disclosure of personal accounts or accounts of other foundations together with the accounts and the SMS sub-number assigned by the Agreement with the Foundation, the Foundation will terminate the Agreement without delay and suspend the humanitarian action because the Foundation guarantees only the funds paid into the Foundation accounts, and by promoting private accounts in the public, even independently, a misconception can be created that the “Kuća od Srca” foundation is behind those accounts.
that he/she is aware and agrees that by signing the Agreement with the Foundation provisions of this Rulebook are accepted and that in case of non-compliance, expression of dissatisfaction with the way the Foundation works and public disagreements, the Foundation will unilaterally terminate the Agreement on establishing a beneficiary relationship, without delay.
The type of assistance Foundation provides
Article 5.
Assistance to the Beneficiary of the Foundation is reflected in the fact that the Foundation provides opportunity and an equal chance for all families in need, and with its credibility it guarantees that there will be no misuse of financial resources.
Foundation advertises a humanitarian action for the Beneficiary on the website www.fondacijakucaodsrca.rs after signing the Agreement and verifying the signatures of the contracting parties, by opening a special page for the Beneficiary. By advertising humanitarian actions on the website www.fondacijakucaodsrca.rs, through which the public is informed about the reasons for collecting donations for each Beneficiary and about the ways to help, the Foundation provides the same type and scope of service to all Beneficiaries.
Primary activity of the Foundation is logistics and ensuring security in the collection of funds for the reconstruction or complete construction of houses, as well as responsibility for their intended use. The Foundation provides each Beneficiary with technical support for collecting donations, enables the Beneficiary to use the Foundation’s brand in humanitarian activities. The success and dynamics in which each individual humanitarian action will reach potential donors depends solely on the way in which the public and media will react and these circumstances cannot be influenced by the Foundation.
The Foundation issues a Donation Agreement to a Donor who applies with a request for the issuance of a Donation Agreement, in which the Foundation undertakes to spend the donated amount exclusively on purpose and in accordance with the provisions of this Rulebook.
Each Beneficiary receives from the Foundation:
1. Beneficiary profile with a unique number on www.fondacijakucaodsrca.rs, which contains a
photo, instructions on the possible methods of donating, information on the reason and need to collect donations, a dial showing the total number of SMS messages sent and data from the bank statements about changes and account balances;
2. The Foundation’s RSD account for collecting donations and paying expenses;
3. Foreign currency account of the Foundation for collecting donations and paying expenses;
4. Humanitarian SMS sub-number (corresponding to the Beneficiary’s profile number on the web page), unique humanitarian number _____ for sending SMS messages from any of the mobile networks from Serbia.
5. The possibility of collecting donations through the e-commerce service (payment cards) on www.fondacijakucaodsrca.rs via the link Pay by card;
6. The possibility of collecting donations through a PayPal account on www.fondacijakucaodsrca.rs via the PayPal link;
7. The possibility of donating by scanning the IPS QR code through the mBanking application
The Foundation cannot influence the success and dynamics of collecting the necessary funds, or the total amount of financial aid collected, and does not carry out a dedicated action to collect donations for any individual Beneficiary of the Foundation.
Expenses that Foundation covers for the Beneficiary using collected donations
Article 6.
The Foundation determines that the collected donations on the Beneficiary’s account can be used exclusively for
paying the costs of construction or reconstruction of the residential buildings, which the humanitarian action is advertised for, on the Foundation’s website.
The Foundation is responsible for the intentional spending of collected donations in accordance with the provisions of this Rulebook and has the obligation to submit the Regular Annual Financial Report to the Agency for Economic Registers of the Republic of Serbia by March 31 of the current year for the previous year in accordance with the Law on Accounting.
Terms of use of donations
Article 7.
All collected donations in RSD and foreign currency accounts are owned by the Foundation.
For the needs of the Beneficiary, the Foundation can pay expenses in accordance with the balance on the account, only based on the invoices submitted in the name of the Foundation, which was issued by the company that will provide services to the Beneficiary of the Foundation. The service or goods for which the payment invoice is submitted must be in accordance with the costs for which the humanitarian action was advertised on the website of the Foundation, for which donations were collected.
For the payment of foreign currency orders, the Foundation converts foreign currency according to the purchase rate of the Foundation’s bank of business.
Article 8.
The payment of funds from the Foundation’s account is approved by the Foundation Manager based on
submitted payment documentation. After verifying the fulfillment of the conditions prescribed by this
Rulebook, the Foundation makes the payment for the Beneficiary.
The Manager of the Foundation submits a quarterly Report on payments made to the Board of Directors of the Foundation.
Article 9.
Funds collected for each active Beneficiary of the Foundation can be transferred to another active Beneficiary
of the Foundation or to the general account of the Foundation by submitting a written request of the signatory of the Agreement, based on what the Foundation makes the transfer. Donations transferred from one Beneficiary to another are non-refundable. The transferred amounts are displayed on the website page of the Beneficiary to whom the funds were transferred, in the Collected donations (Distribution) section, and on the webpage of the Beneficiary from whose account the funds were transferred, in the Beneficiary’s used section.
Article 10.
Expenses of the Foundation are covered by donations paid to the Foundation’s general account.
Foundation’s business bank charges for RSD and foreign currency payment services in accordance with the Bank’s current fee schedule, and these types of payments are part of the used donations.
The Foundation cannot influence the costs arising from financial transactions charged by the Bank and PayPal according to their rates, namely:
Bank fees for opening, maintaining and closing the Foundation’s Beneficiary Account;
Bank fees for domestic payment services;
Fees for e-commerce transactions;
PayPal fees for PayPal transactions;
Bank fees for foreign commissions for foreign currency transactions.
The cost of signature verification for the Agreement on establishing a beneficiary relationship with the Foundation is charged from donations paid to the Foundation’s beneficiarys’ account.
Article 11.
Donations paid with payment cards are automatically displayed on the Foundation’s website, on the
Beneficiary’s page, in the list of payments with the indication: unregistered internet payments. Donations paid by payment cards are transferred by the Bank to the Foundation’s account within 3 working days from the day of payment, which are published on the website after processing the bank statement, on the Beneficiaries’ page in the list of payments under the indication: Online payment. The amount paid by the Bank is reduced by the Bank’s commission, and the Foundation cannot influence those commissions.
Article 12.
Donations paid through a PayPal account are automatically displayed on the foundation’s website, on the
Beneficiaries’ page in the list of payments in EUR with the indication: unregistered PayPal payments. The Foundation makes a transfer from the PayPal account at least once a week, and on that occasion, the amounts paid to the Beneficiary are converted into RSD at the Bank’s purchase rate on the day of the transfer, reduced by the PayPal commissions. After uploading the bank statement, each individual donation is published on the Beneficiary’s page in the list of payments in RSD equivalent with the indication: PayPal payment.
Foundation Donor
Article 13.
Foundation determines that a donor can donate funds to the Foundation.
The donor pays the funds voluntarily and they are non-refundable.
The donor can make a donation in the form of funds using the following payment methods:
-
- Payment order;
- Transfer order;
- By text message;
- Online payment via the Pay by card link on the Foundation’s webpage;
- Payment via PayPal account on the Foundation’s webpage;
- By scanning the NBS IPS QR code through the mBanking application.
Donated funds, regardless of the method of donation, are paid into the Foundation’s RSD or foreign currency account.
At the Donor’s request, the Foundation issues a Donation Agreement. The donation contract can be issued before the payment of the donation has been made, stating validity period for the payment of the donation or after the payment has been made and the date of payment has been specified.
Donations paid to the Foundation’s accounts are published on the Foundation’s website in the list of payments after uploading the bank statement.
Article 14.
The Foundation secures Contracts with mobile operators (Telekom, Yettel, A1 and Globaltel networks), about
the introduction and use of the humanitarian SMS number _____ for sending messages from Serbia. The foundation calculates SMS transactions based on the monthly report of the mobile network operators on the number of messages sent for active SMS sub-numbers and the amount paid by the mobile operator for a
specific accounting period (calendar month) and the collected amounts are transferred to the Beneficiary’s account. SMS messages from the postpaid system, which some mobile operators fail to charge within the terms stipulated in the Agreements on the introduction and use of the humanitarian SMS number, are categorized as unsuccessful, even though they are recorded on the Foundation’s website, as the counter records the total number of received SMS messages, regardless of whether they were successful transactions.
The dynamics of payment for charged SMS messages are determined by mobile operators and the Foundation cannot influence it.
In accordance with the provisions of the Agreement on the introduction and use of the humanitarian number ____ with mobile operators, the Foundation once a year submits to mobile operators a report on the use of funds collected from SMS messages for the previous year.
Duration and termination of the Agreement
Article 15.
The contract on the establishment of a beneficiary relationship with the Foundation is concluded without a duration limit, as long as there is a need to collect donations to cover the costs of adaptation/construction of a residential building.
The contract establishing the beneficiary relationship can be terminated:
– At the personal request of the Foundation Beneficiary:
The Foundation can unilaterally terminate the Agreement on establishing a beneficiary relationship if the signatory of the Agreement does not comply with the responsibilities and obligations defined in Article 4 of this Rulebook or in other unforeseen cases that may endanger the work of the Foundation and other Beneficiaries of the Foundation.
In cases of unilateral termination of the Agreement due to violation of contractual obligations and the provisions of this Rulebook, the beneficiary relationship with the Foundation cannot be re-established for the Benficiary for whom the Agreement with the signatory has been terminated.
Final regulations
Article 16.
The Rulebook on the provision of services to the Foundation’s Beneficiaries, the method of collecting and the terms of use of donations paid into the accounts of the Humanitarian Foundation “Kuća od Srca” shall enter into force ______________.
The provisions of this Rulebook shall apply to all signed Beneficiary Agreements.
BOARD OF DIRECTORS HUMANITARIAN FOUNDATION “KUĆA OD SRCA“
Number: ______________________________