Terms and Conditions

for the use of the website and for making online donations

1. Identification of the Association and acceptance of the Terms and Conditions

These Terms and Conditions (the “Terms”) govern the access to and use of the website https://asociatiasocialincubator.org/ (the “Site”), including the making of one-off or recurring online donations through the card donations page, administered by Asociația The Social Incubator (“ATSI” or the “Association”).

By accessing the Site, using its features or making an online donation, the user declares that they have read, understood and accept these Terms. If they do not agree with them, the user must stop using the Site and must not complete an online donation.

The Terms are supplemented by the Privacy Policy, the Cookie Policy and, for online payments, by the applicable terms and conditions of NETOPIA Payments. In the event of any inconsistency regarding the processing of the payment, the specific rules of the payment processor and of the payment institutions applicable to the payment method prevail for the technical and banking aspects of the transaction.

2. Definitions

• “User” – any person who accesses or uses the Site, whether or not they make a donation.
• “Donor” – the natural or legal person who makes a donation to ATSI through the Site.
• “One-off donation” – the voluntary contribution, made a single time, in the amount selected by the Donor.
• “Recurring donation” – the voluntary contribution made monthly, in the amount selected by the Donor, until its interruption under the conditions of section 7.
• “Payment processor” – NETOPIA Payments, the provider of the technical services for processing and administering online payments, used by ATSI for card donations.
• “Business day” – any day except Saturdays, Sundays and legal public holidays in Romania.

3. Scope and purpose of donations

These Terms apply to the Site and to card donations made through the donations page. They do not govern the redirection of income tax, sponsorships, SMS donations, donations by bank transfer, campaigns carried out through third-party platforms or other forms of support which may be subject to separate conditions or documents.

Donations are voluntary contributions, without commercial consideration. Making a donation does not entitle the Donor to receive products, services, membership rights, patrimonial benefits or any other consideration in exchange for the donated amount.

The amounts collected are used to support ATSI’s mission, namely for activities and programmes supporting the social and professional integration of young people from vulnerable backgrounds, as well as for the costs necessary for the implementation, administration, monitoring and reporting of these activities, within the limits permitted by law.

Where the donation is associated with a campaign or project indicated on the Site, ATSI aims to use the amount for the communicated purpose. If the financial objective has already been reached, the campaign can no longer be implemented, legal or operational constraints arise, or there is a compatible urgent social need, ATSI may redirect the funds to a project with a similar purpose, respecting as far as possible the intention expressed by the Donor.

4. Use of the Site

Access to the Site is permitted on a temporary basis. ATSI may update, suspend, restrict or withdraw, in whole or in part, access to the Site, its features or content, without prior notice, where this is necessary for technical, security, maintenance or legal compliance reasons or to protect ATSI’s legitimate interests.

The user undertakes to use the Site lawfully, responsibly and without affecting its functioning, security, reputation or the rights of ATSI, its partners or other users.

It is forbidden, including but not limited to:

• to use the Site for fraudulent, illegal, defamatory, abusive, threatening or misleading purposes;
• to attempt unauthorised access to accounts, servers, systems, databases or features of the Site;
• to introduce viruses, malicious programmes, code, scripts, robots or other tools which may affect the functioning of the Site;
• to carry out automated data collection, extraction, mass copying, reproduction or reuse of the Site’s content without ATSI’s written consent, except in situations expressly permitted by law;
• to transmit false data or to use a card or payment data without the right to do so.

5. General conditions for online donations

Online donations are available through the card donations page. The value of the donation is displayed in Romanian lei (RON), and the Donor selects the desired amount from the available options or enters another amount, if this option is available in the form.

ATSI does not charge the Donor an additional fee for making the donation. Any fees, currency conversion costs or other charges applied by the card-issuing bank, the Donor’s financial institution or the chosen payment method are not set and are not controlled by ATSI.

Before confirming the payment, the Donor must check the value and frequency of the donation, the identification and contact details provided, and the fact that they have selected a one-off or a monthly donation. A donation is considered completed only after the payment has been confirmed by the Payment processor and, as applicable, by the card-issuing bank.

The Donor declares and warrants that the data provided are real, correct, complete and up to date, that they use their own card or a card they are entitled to use, and that the funds used have a lawful origin. Minors may make online donations only with the consent and under the supervision of a parent or legal representative.

6. One-off donations

The one-off donation is the voluntary contribution made a single time, in the amount selected by the Donor. By confirming the payment, the Donor authorises the debiting of the card for the amount displayed in the payment flow.

After the successful processing of the payment, the Donor will see a confirmation message on the payment page and, if they have provided a valid e-mail address, may receive an electronic confirmation of the donation. If the Donor does not receive the confirmation, they can request the verification of the transaction at office@asociatiasocialincubator.org, indicating the data necessary to identify the payment.

If the payment is rejected, cancelled or cannot be processed, the donation is not considered made. ATSI is not liable for the refusal of authorisation, the unavailability of funds, the expiry of the card, the limitations imposed by the issuing bank or other situations pertaining to the relationship between the Donor, their bank and the Payment processor.

7. Monthly recurring donations

By selecting the monthly donation option and confirming the payment, the Donor authorises the making of a recurring donation, in the amount displayed and accepted in the payment flow, at monthly intervals, until the recurrence is terminated. Before confirming, the Donor must receive clear information regarding the recurring nature of the donation, its amount and frequency.

The first donation is processed at the time of confirmation. Subsequent donations are initiated in accordance with the authorisation granted, the technical configuration of the payment service and the rules applicable to the payment method. Where the exact debiting date or any relevant technical condition is available in the payment flow, it will be communicated to the Donor before confirmation or in the confirmation message.

If a recurring payment cannot be processed, for example due to insufficient funds, the expiry or blocking of the card, a technical error or the refusal of the issuing bank, the donation for that month is not considered made. To the extent permitted by the applicable technical flow and by the Donor’s authorisation, the payment may be automatically retried. ATSI may send the Donor an electronic message regarding the failed payment and, as applicable, the retry of the payment.

Termination of the recurring donation

The Donor may request the interruption of the recurring donation at any time, without stating a reason, by sending a request to office@asociatiasocialincubator.org or through any other stopping mechanism made available on the donations page or in the confirmation message. For identification purposes, ATSI may request the surname, first name, e-mail address and phone number used when initiating the donation.

ATSI will process the termination request without undue delay. A termination request cannot stop a debit which has already been initiated or technically authorised before the processing of the request. The termination of the recurrence produces effects only for future donations and does not automatically cancel the donations already made; section 9 applies to those.

If the Donor wishes a different monthly amount, they can stop the existing recurrence and initiate a new recurring donation in the desired amount, following the flow available on the Site.

8. Payment processing and transaction security

Card donations are processed through NETOPIA Payments. NETOPIA Payments provides the technical infrastructure for processing online payments. ATSI does not request, and the Donor must not transmit, card data by e-mail, phone, contact forms or social networks.

For online payments, the Donor is redirected to, or uses, as applicable, a secure flow made available by the Payment processor. The processing of the data necessary for making the payment is carried out under the conditions established by NETOPIA Payments, the issuing bank, the card scheme and the applicable legislation.

ATSI does not guarantee that the Site, the payment processor, the internet network or the banks’ services will operate uninterruptedly and without errors. In the event of a technical problem, ATSI will make reasonable efforts to verify the situation, but is not liable for delays or unavailability not caused by its fault.

The Donor is responsible for keeping their own data confidential, for using a secure device and connection, and for immediately informing the issuing bank and ATSI if they suspect the unauthorised use of the card or of a donation.

9. Refunds and disputed transactions

9.1. Refunds of one-off donations

Although donations are voluntary contributions and do not represent purchases of products or services, ATSI offers the Donor the possibility to request the refund of a one-off donation, without stating a reason, within 30 calendar days from the date it was made.

The request is sent to office@asociatiasocialincubator.org or by phone at +40 790 599 908. For the identification and confirmation of the donation, the Donor may be asked to communicate the surname, first name, e-mail address, phone number, approximate date and value of the donation. ATSI may request additional information strictly necessary for verifying the transaction.

If the request is accepted, ATSI will initiate the refund within no more than 5 business days from the receipt and validation of the request. The actual crediting of the amounts may take up to 45 calendar days, depending on the issuing bank, the card type, the card scheme rules and the settlement circuit.

9.2. Refunds and termination of recurring donations

The Donor may stop the recurring donation under the conditions of section 7. The Donor may also request the refund of no more than 3 (three) previously made monthly donations, without stating a reason, by sending a request to office@asociatiasocialincubator.org or by phone at +40 790 599 908. The refund request does not automatically stop the recurrence; the Donor must separately request its termination, if they so wish.

For accepted requests, ATSI will initiate the refund within no more than 5 (five) business days from the receipt and validation of the request, and the actual crediting may take up to 45 (forty-five) calendar days, depending on the issuing bank, the card type and the applicable rules.

9.3. Special situations

The refund is made, as a rule, through the same payment method used initially. If this is not possible for technical or security reasons, ATSI may request additional bank details and supporting documents, including for fraud prevention purposes.

If the Donor initiates a payment dispute through the issuing bank or through chargeback mechanisms, the resolution will be carried out according to the applicable rules of the financial institutions and card schemes. To avoid double refunds, ATSI may suspend the resolution of a direct refund request until the banking procedure is clarified.

ATSI may refuse or postpone a refund request where there are reasonable indications of fraud, the Donor’s identity cannot be verified, the request exceeds the limits set out in this section, the refund has already been processed, or there is a legal obligation to keep or block the funds. Any refusal will be communicated to the Donor, to the extent permitted by law.

10. Personal data and communications

ATSI processes the personal data necessary for the use of the Site and the administration of donations, including, as applicable: surname, first name, address, e-mail address, phone number, technical data regarding the transaction and other information necessary for verification, accounting records, fraud prevention, the resolution of requests or compliance with legal obligations.

The processing of personal data is regulated in detail by ATSI’s Privacy Policy. For the information collected and processed in the payment flow, the Donor must also consult the information documents of NETOPIA Payments.

Communications necessary for administering the donation – for example confirmations, notifications regarding failed payments, verification requests, the termination of the recurrence, responses to refund requests or fiscal/accounting documents, where applicable – do not represent marketing communications and may be transmitted without being conditional on consent for the newsletter.

Receiving news, campaigns, invitations or other marketing communications is optional and must be expressed through a separate option. Withdrawing consent for marketing does not affect the validity of the donations made, nor the necessary administrative or legal communications.

11. Intellectual property

The Site and its content – including texts, logos, graphic elements, photographs, video materials, names, trademarks, the database, the structure, the design and any other materials – are protected by intellectual property rights and belong to ATSI, its partners or other rights holders, as applicable.

The user may consult and share the Site’s content exclusively for personal, non-commercial and informative purposes, citing the source where necessary. The reproduction, modification, adaptation, republication, distribution, commercial exploitation or use of the content in any other way without the prior written consent of ATSI or of the relevant rights holder is forbidden.

12. Third-party sites and services

The Site may contain links to third-party sites, platforms or pages. These links are provided exclusively for information purposes or to facilitate access to external services. ATSI does not control and does not assume liability for the content, security, availability, privacy policies or terms of use of these third parties.

Accessing third-party sites and using their services is done at the User’s own risk, according to the legal documents published by those operators.

13. Limitation of liability

Within the limits permitted by law, ATSI is not liable for indirect damages, loss of data, loss of profit, the temporary unavailability of the Site, transmission errors, banking delays, errors of communication providers or incidents caused by third parties, including the Payment processor, the issuing banks or the card schemes.

Nothing in these Terms excludes or limits ATSI’s liability in cases where such an exclusion or limitation is not permitted by law, including in the case of fraud, gross negligence or the infringement of rights which cannot be limited by agreement.

14. Amendment of the Terms

ATSI may amend or update these Terms whenever necessary, including to reflect legislative, technical or operational changes or changes in the way the Site and the donation flow operate. The updated version will be published on the Site, indicating the date of the last update.

The amendments apply from the date of publication, except where otherwise provided. For recurring donations already active, amendments significantly affecting the amount, the frequency, the stopping mechanism or the Donor’s rights will be communicated through an appropriate means, to the extent required by law or technically possible.

15. Complaints, governing law and jurisdiction

For questions, requests, notifications or complaints regarding the Site, donations, recurring donations or these Terms, the Donor can contact ATSI at office@asociatiasocialincubator.org or at the phone number +40 790 599 908. ATSI will analyse the request and provide a response within a reasonable period, depending on its nature and complexity.

These Terms are governed by Romanian law. Any disagreement will first be resolved amicably. If an amicable resolution is not possible, the dispute will be resolved by the competent courts in Romania, without affecting the applicable mandatory rules regarding jurisdiction or the protection of natural persons, as applicable.

To the extent that a situation falls under consumer protection legislation, the interested person may use the alternative dispute resolution mechanisms provided by the applicable legislation. This provision does not limit the right to refer the matter to the competent authorities or courts of law.

16. Final provisions

If any provision of these Terms is declared null, unlawful or unenforceable, the remaining provisions remain valid and continue to produce effects. The affected provision will be replaced, as far as possible, with a valid provision reflecting the initial purpose as faithfully as possible.

These Terms represent the understanding between ATSI and the User/Donor regarding the use of the Site and online donations, supplementing the applicable specific documents, including the Privacy Policy, the Cookie Policy and the NETOPIA Payments documents.

17. Contact details and relevant documents

For any request regarding these Terms, online donations or recurring donations, you can contact us at office@asociatiasocialincubator.org or by phone at +40 790 599 908.

• Site: https://asociatiasocialincubator.org/
• Card donations page: asociatiasocialincubator.org/doneaza-cu-cardul
• Privacy Policy: asociatiasocialincubator.org/politica-gdpr
• Cookie Policy: asociatiasocialincubator.org/politica-cookies
• NETOPIA Payments terms and conditions for payers: netopia-payments.com/termeni-si-conditii-platitori