Public offer

MediaNet International Center for Journalism Public Foundation / Factcheck.kz – the first fact-checking resource in Central Asia and Kazakhstan

Almaty
August 2020 

1.1. This public offer, hereinafter referred to as the “Offer”, is an offer from MediaNet International Center for Journalism Public Foundation, Factcheck.kz – the first fact-checking resource in Central Asia and Kazakhstan, hereinafter referred to as “Public Association” (PA), represented by Jalilov Adil Farmanovich and the editorial staff of the Factcheck.kz project, acting in accordance with the Charter, conclude a donation agreement with any person responding to the Offer, hereinafter referred to as the “Agreement”, on the conditions provided for by the Offer. This offer is a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan.

1.2. The offer comes into force the next day after it is posted on the website of the PA on the Internet at the address: www.factcheck.kz.

1.3. The offer is not limited and is valid until the day following the day the notice of cancellation of the Offer is posted on the website of the PA. The public association has the right to cancel or update the Offer at any time.

1.4. The public association is ready to conclude agreements on donations in a different way and (or) on other terms different from those specified in the Offer, for which any interested person has the right to apply to the PA to conclude an appropriate Agreement.

2. Subject of the Agreement

2.1. In accordance with this agreement, the donor, as a voluntary donation, transfers his or her own funds to the current account of the PA in any way, and the PA accepts this donation and uses it for statutory non-commercial purposes. The fact of transferring the donation indicates the full agreement of the Donor with the terms of this Agreement.

2.2. The performance of the actions by the Donor under this agreement is a donation in accordance with Article 516 of the Civil Code of the Republic of Kazakhstan.

2.3. The donor donates funds to the PA in the amount determined by the Donor as a contribution to countering fakes and disinformation in Kazakhstan and Central Asia.

The donor can receive information about the nature and amount of assistance provided in the form of reports published on the website of the PA.

PA reserves the right to indicate or not indicate the names and data of donors when publishing.

3. Activities of the Public Association

3.1. The collection of voluntary donations from individuals and legal entities is aimed at ensuring payment for the work of fact-checkers, translators and other members of the Factcheck.kz project team, so that they continue to carry out their work to counter disinformation in Kazakhstan and Central Asia.

3.2. The PA is not engaged in commercial activities and is not intended to make a profit.

3.3. The PA publishes information about its work and reports on the results of its activities on the website www.factcheck.kz and / or www.medianet.kz

4. Donation

4.1. A donor is a legal entity or an individual providing donations or other resources on a non-profit basis for the purpose of the PA.

4.2. Donor activity is the provision of gratuitous assistance to the PA.

4.3. The donor independently determines the amount of the voluntary donation and makes it by transferring funds to the bank account of the PA using any payment method specified in a special section on the website www.factcheck.kz, in accordance with the terms of this Agreement.

4.4. The donor can make a one-time donation through the bank according to the details, including the electronic payment system, by making a donation using a credit card or electronic money.

4.4.1. The fact that the donation was transferred to the account of the PA, including by sending an SMS message within the framework of the projects, indicates the full agreement of the Donor with the terms of this Agreement.

4.4.2. If the donor’s chosen method of transferring a donation includes the definition of “Purpose of Payment”, the donor, of his choice, indicates:

– Donation. VAT not payable.

4.4.3. When transferring a donation, for correct identification of the payer, the Donor indicates his or her contacts: e-mail address and / or telephone number.

4.4.4. The date of acceptance of the Offer and, accordingly, the date of conclusion of the Agreement is the date of receipt of funds from the Donor to the current account of the PA or, as the case may be, to the account of the PA in the payment system; as well as the date of sending a short text message (SMS) or the date when the authorized representatives of the foundation received funds from the box for collecting donations (box).

5. Rights and obligations of the parties

5.1. The public association is obliged to use the funds received from the Donor under this agreement, strictly in accordance with the current legislation of the Republic of Kazakhstan and within the framework of its statutory activities.

5.2. The donor has the right, at his own discretion, to select the object of assistance, indicating the appropriate purpose of payment when transferring the donation. The current list of projects is published on the website www.factcheck.kz.

5.3. Upon receiving an unaddressed donation, the PA independently determines its use, based on the approved budget items, which are an integral part of its activities.

5.4. Donations received without specifying a specific purpose are used to achieve the statutory goals of the PA.

5.5. The Donor agrees that the PA will process the personal data provided by the Donor during the voluntary donation (name, address, place of residence, email address, bank details), including to third parties (based on an agreement with), in order to fulfill this agreements, including the following actions: collection, registration, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking e-mail, deletion, destruction of personal data. In all other cases, the PA undertakes not to disclose the Donor’s personal information to third parties without his written consent.

The exception is the requirement for this information from the state bodies authorized to request such information.

Consent to the processing of personal data is valid until the Donor withdraws it in writing.

5.6. The donor has the right to be informed about the use of his donation. To exercise this right, the Donor sends a written request to the PA.

5.7. The public association does not bear any other obligations to the Donor, except for the obligations specified in this Agreement.

6. Refunds

6.1. If necessary, the Donor has the right to request a refund of his donation within seven calendar days from the date of the transfer of funds.

6.2. To make a return of donations, the Donor must write an Application for the return of funds within seven calendar days from the date of transfer of funds to info@medianet.kz mail.

7. Other conditions

7.1. In the event of disputes and disagreements between the Parties under this agreement, they will be resolved, if possible, through negotiations. If it is impossible to resolve the dispute through negotiations, disputes and disagreements can be resolved in accordance with the current legislation of the Republic of Kazakhstan in the courts at the location of the PA.

8. Information about the Public Association

8.1. The PA is a non-commercial legal entity created and operating in accordance with the legislation of the Republic of Kazakhstan.

Bank details:

International Centre for Journalism MediaNet Public Foundation

Address: the Republic of Kazakhstan, 050040,

Almaty, Bostandyk district, 

15B, Timiryazev Street, office 10

BIN 040840004751

IIC KZ218560000000501493

BIC KCJBKZKX

JSC “BankCenterCredit”

Director: Jalilov Adil Farmanovich