Terms and Conditions


1. General provisions of the platform

1.1 The contract is concluded between Non-entrepreneurial (Non-commercial) Legal Entity"Fundraiser" (hereinafter referred to as "Fundraiser") and the author of the project (hereinafter referred to as "Author");

1.2 A legal/private entity shall provide its own data when registering on the Fundraiser.ge website;

1.3 If an entity has undergone the registration procedure described in this Agreement, it shall be deemed to have agreed to the terms of the Agreement, which shall be construed as an agreement between the parties;

1.4 Prior to the registration procedure, the author of the project is obliged to read the text of the contract. If he does not agree to any of the conditions, he must refuse to register;

1.5 Under Article 5 of the Law of Georgia on Personal Data Protection, Fundraiser.ge is authorized to receive and verify the personal data of the author of the project and, if necessary, to transfer it to a third party. Consent to the present terms is the consent specified in Article 5 (a) of this Law and Article 6 (2) for the processing, disclosure and transfer of personal data to third parties;  

2. Definition of terms

2.1 The terms used in this Agreement, for the purposes of this contract have the following meaning:

2.1.1 Platform - a legal entity (identification number: 404595158), which carries out information on the projects of individuals and/or legal entities on the Fundraiser.ge website for the purpose of obtaining the relevant project funding; The platform performs the function of investor/cashier, collector and project supervisor between the customer and the project author;

2.1.2 Author of the project – an individual or legal person who, by registering on the website, concludes the present agreement with Non-entrepreneurial (Non-commercial) Legal Entity"Fundraiser" in order to secure the necessary funds for the project and to finance the project; The term “author” shall be used for the purposes of this Agreement only in terms of terminological resolution and shall not explicitly imply a definition of “copyright and related rights” as defined by the legislation of Georgia;

2.1.3 Project - initiative, event, production idea or any action, goods, services, work or other activities aimed at commercial (profit-oriented), non-profit, social, civic or charitable activities; Organized and placed as a project by the author of the project in order to attract appropriate cash or other material values;

2.1.4 Web Platform - Website - https://fundraiser.ge;

2.1.5 Agreement - This Agreement, to which the Parties agree by means of an electronic communication device and the author of the project agrees with it by marking the relevant field, declares and confirms that the Agreement fully expresses its will, agrees to its provisions and recognizes it as a binding document;

2.1.6 Fee - the fee for services provided by the platform in accordance with this Agreement (if any);

2.1.7 Blacklist - the data set posted on the Website is publicly available and reflects the list of individuals who failed to comply with the project and the obligations arising from the collection of the project budget;

3. Subject of the contract and scope of cooperation

3.1 The author of the project states that he wishes to publicly post the project and related information on the website through the platform, in order to finance the project and attract funds/material resources;

3.2 During the registration, the author of the project is obliged to provide the following information to the platform in the relevant fields available on the website by indicating/uploading the information in order to post it on the website:

3.2.1 Name and surname/Nameof legal entity;

 3.2.2 Personal ID number/passport number/identification number;

3.2.3 actual and legal address;

3.2.4 Contact Phone Number;

3.2.5 Email address;

3.2.6 Brief description of the project;

3.2.7 Full description of the project;

3.2.8 Requisites for the payment account;

3.2.9 Reference from the relevant bank account on the payment of any kind of obligation, assignment or restriction on the said account;

3.2.10 Amount required for the implementation of the project (investment), for the purpose of which the project is placed;

3.2.11 Terms of project implementation;

3.2.12 The maximum period allocated for the collection of funds required for the implementation of the project (However not more than the specified months);

3.2.13 Any other information not specified in this document, however, is indicated on the platform as binding information, or the platform representative requires the author of the project to carry out the project further.

3.3 Upon collection of the amount requested by the project author for the implementation of the project, no later than 10 (ten) working days the project author will be given the collected amount in accordance with the procedure defined in Article 4;

3.4 The author of the project is obliged to complete the project posted on the website in full and in accordance with the procedure defined in Article 5;

4. Service fee and payment rule

4.1 After the project is posted on platform Non-entrepreneurial (Non-commercial) Legal Entity "Fandraiser" performs the function of investor/cashier, collector and project supervisor between the customer and the project author;

4.2 After collecting the funds (or more) required for the implementation of the project, within 10 (ten) working days after the expiration of the term specified for the collection, the platform shall transfer the amount collected to the project author by transferring the amount to the settlement account; In the case of a social project, if it is possible to partially implement the project with the incomplete amount collected, the amount will be transferred to the author of the project in the manner specified in this article.

4.3 The platform is authorized to gradually transfer the amount collected to the author of the project, if it is provided by the project and/or the rules of similar compensation due to the purposes of monitoring and supervision are required by the decision of Non-entrepreneurial (Non-commercial) Legal Entity "Fandraiser";

4.4 In case of non-accumulation of the amount requested by the author for the implementation of the project (except for social, non-commercial projects), “Fundraiser” shall ensure the return of the received funds to the relevant users; Upon refund, the customer may be refunded by deducting the cost of the banking transaction service, if such a requested/deducted service is provided by the banking institution and/or the tax provider; The refund will be made after the expiration of the project and the refund will be reflected in the person's card account within 5 working days.

4.5 The platform service fee is 5% of the collected cash/other material funds, which will be paid from the collected funds only if the necessary funds for the implementation of the project are collected, including the platform service fee; The platform service fee will be paid only in case of commercial projects and not in case of social/charitable projects.

4.6 In case of non-accumulation of the amount requested by the project author for the implementation of the project, the financing of the project will be considered unsuccessful and no material or intangible responsibility will be imposed on "Fandraiser";   

4.7 According to the agreement between the platform and TBC Bank, based on the reserve conditions, the bank has the right to occupy 10% of the amount collected for the projects. This amount will be placed in the company's reserve account so that the interests of the authors and users of the project are not harmed by risky transfers.

5. Project

5.1 There should be detailed information such as:

5.1.1 Contents;

5.1.2 Procedure of implementation;

5.1.3 Terms of implementation;

5.1.4 The need and purpose of funding;

5.1.5 Customer/investor interest;

5.1.6 Funds required for the implementation of the project and the relevant cost estimate (after collecting 30% of the project amount, it is required to submit the relevant documentation to “Fundraiser);

5.1.7 Project risks;

 5.2 After completing the relevant fields on the website and after the confirmation by the project author, the platform will review the project and it will be uploaded to the website in the shortest possible time and will be made public and accessible to any third party;

5.3 Only the author of the project, personally and in full, is responsible for the content of the project and its compliance with the law, to third parties and customers/investors.

5.4 The author of the project is obliged to fully use the money received from the platform for development and implementation, in accordance with the project posted on the website and funded;

5.5 The project to be posted on the website must meet the following criteria:

5.5.1 Content must comply with the requirements of the legislation of Georgia and must not be violated; The Law of Georgia on Advertising, the Law of Georgia on Copyright and Neighboring Rights, the Law of Georgia on Personal Data Protection, the Law of Georgia on Licenses and Permits and all other relevant legislative and sub-legislative acts related to the draft must be observed. The present contract or other related activities;

5.5.2 The project shall not serve to finance political parties or other political activities, to finance elections or related processes in accordance with the Election Code of Georgia;

5.5.3 The project should not provide for the withdrawal of funds from the Russian Federation, the production, export, import and any other form of connection with the Russian Federation; Funds for the development/implementation of the project can be attracted from all countries of the world, except the Russian Federation;

5.6 The author of the project is obliged to:

5.6.1 Provide information on the progress and implementation of the project to “Fundraiser” in accordance with the terms/schedule specified in the project;

5.6.2 Immediately notify "Fandraiser" about the progress of the project, the reasons for the delay and the estimated duration of the delay;

5.6.3 Allow t “Fundraiser” to periodically receive information about the progress of the project at the request of the latter, and immediately provide additional information on the implementation of the project upon the request of “Fundraiser”; To allow the person(s) allocated by "Fandraiser" to review  project implementation and to assist "Fandraiser" in supervising the implementation of the project;

5.6.4 “Fundraiser” upon request to provide him with information on the management and purpose of the funds received for the project;

5.7 Non-entrepreneurial (Non-commercial) Legal Entity"Fundraiser" is authorized to:

5.7.1 Stop/block the project if the author of the project violates the obligations under the contract and/or the project does not meet the criteria set forth in this Article;

5.7.2 Request the author of the project to provide additional information at its discretion; Additional information/criteria may relate to the project as well as to the author of the project and his/her personal data;

5.7.3 In case of breach of contractual obligations by the author of the project, non-fulfillment/partial fulfillment of the project, unintentional expenditure or other contractual obligation, identify the author of the project in the black list, within the timeframe specified by "Fundraiser";

5.7.4 The identification of the author of the project in the black list will be canceled only if, based on the decision of the court or other competent body, it is determined that the author of the project has fully fulfilled his/her obligations to “Fundraiser” or the user;

6. Personal data, statements and guarantees

6.1 The author of the present draft agreement entitles ”Fundraiser”:

6.1.1 Introduce users to the project;

6.1.2 To popularize the project at its discretion;

6.1.3 Negotiate with potential sources / investors on its behalf;

6.1.4 Use the information provided by author of the project on the project and personal data, transfer it to a third party or otherwise make it in compliance with the proportionality prescribed by public law to finance the project and achieve the objectives set forth in this Agreement;

6.2 The personal data of the author of the project is collected and processed in accordance with the Law of Georgia on Personal Data Protection.

6.3 In order to improve the service and define the right target audience, it is possible to use the so-called Cookies. Cookies are small text files that your browser stores on your computer. These files allow the website to fit the content of the project author.

6.4 “Fundraiser” uses the collected data for a variety of purposes, including, and not only:

6.4.1 Provide quality service, taking into account the general interest of the authors and users of the project;

6.4.2 Providing information on service changes;

6.4.3 Improving services;

6.4.4 Monitoring the use of the service;

6.4.5 Providing news, special offers and general information on goods, services, events, projects, etc.

6.5 "Fandraiser" stores personal data for as long as it takes to achieve the relevant goals. Personal data is stored in order to fulfill the obligations and legal obligations assumed by "Fandraiser";

6.6 Information storage is also performed for internal analysis purposes.

7. Responsibility

7.1 During registration, the author of the project is fully responsible for the accuracy, completeness of the information and incomplete/incorrect information provided by the author of the project to "Fundraiser" (including third parties). If, as a result of the breach of the obligation specified in this Article, the liability of "Fandraiser" arises, "Fandraiser" is entitled to claim damages from the author of the project;

7.2 The author of the project is obliged to compensate the damage caused by his/her actions/omissions within the framework of the contract, which was caused by his/her fault and/or negligence to “Fandraiser”, the customer and/or other third party.

7.3 In case of violation of the project deadlines by the author of the project, the fundraiser is authorized to impose on the author of the project 0.7% of the requested funding for each day of non-fulfillment/improper fulfillment of the penalty obligation;

7.4 In case of delay in non-implementation of the project, the author of the project is obliged to immediately submit in writing the substantiated position of "Fundraiser" with reference to the argument of delay/non-fulfillment of the project. If "Fundraiser" considers that the argument is not true, it is insufficiently substantiated or the author of the project does not present such a written justification, it will be considered as non-fulfillment of the project and the rule defined by this agreement will come into force.

8. Termination of the contract and settlement of the dispute

8.1 This Agreement shall remain in force from the moment of registration of the Project Author and the consent/confirmation in the relevant field on the Website and shall remain in force until the parties express their desire to terminate it, but not before the full and proper fulfillment of obligations/current obligations by the Parties;

8.2 The partial non-compliance with the provisions of this Agreement and / or the current legislation gives the right to the “Fundraiser” to terminate the contract unilaterally at any time.

8.3 The invalidity of any provision of this Agreement shall not affect the validity of other provisions.

8.4 The contract may be terminated by any party after it has fulfilled all its obligations.

8.5 The dispute between the parties within the framework of this Agreement shall be settled by negotiation and in the event of failure to reach an agreement, the dispute shall be considered by the Civil Cases Panel of the Tbilisi City Court.

8.6 The Parties agree that, in accordance with Article 268, Part 1¹ of the Code of Civil Procedure of Georgia, in the event of a decision to satisfy the claim of "Fandraiser" or a decision in favor of "Fandraiser". The decision of the court of first instance shall be given for immediate execution.