Legal
Collaboration Agreement for DomikONG
This is a courtesy translation. The Spanish (es-ES) version of the legal documents is the only binding version and shall prevail in the event of any discrepancy, as provided for in the general conditions of use.
1. Purpose
This agreement governs the collaboration between DOMISIK S.L. ("Domisik") and the non-profit organisation, animal shelter or NGO that adheres to it (the "Entity" or "DomikONG") in order to give visibility to its work, channel donations and charitable Dokens, and promote adoptions and positive-impact campaigns within the Domisik ecosystem.
2. Nature
The collaboration is limited to a promotion and visibility service and to technical intermediation in any donations. Domisik is not, under any circumstances, a party involved in adoption or foster processes, or in any other activity carried out by the Entity, all of which are the entire and exclusive responsibility of the Entity, including civil liability in respect of any claim that may arise from them.
The relationship between Domisik and the Entity is of a commercial and independent nature, and does not give rise to any employment, corporate or agency relationship. The Entity retains full legal and organisational autonomy and independence.
3. Obligations of the Entity
To evidence its legal status as a duly registered non-profit organisation or animal shelter, and to provide Domisik with the data and documents that Domisik requests in order to verify the legitimacy of the Entity and of its activity; the profile may remain suspended from activity until such verification has been completed.
To provide truthful information about its activity, its projects and the use of the funds.
To apply the funds and donations received to the stated purposes, ensuring traceability.
To comply with data protection legislation in respect of the data to which it has access.
To comply with the legislation applicable to the collection of donations and to animal welfare and protection (including Ley 7/2023) in the adoption and foster processes and in any other activities that it manages.
4. Obligations of Domisik
To provide the Entity with visibility on the Platform.
To channel, in a traceable manner, the donations and charitable Dokens intended for the Entity.
To process the Entity's data in accordance with the Privacy Policy.
5. Donations, Dokens and financial flows
Monetary donations are channelled through Stripe. Domisik acts as a mere technical intermediary in the transmission of the funds, without appropriating them.
Notwithstanding the foregoing, Domisik reserves the right to withhold a percentage of the donations received by way of general system maintenance, should this be necessary, provided that such percentage may not in any case exceed the intermediation commission percentage per transaction in force at any given time on the Platform. The applicable percentage shall be communicated to the Entity transparently and in advance of its application, together with any payment provider fees that are passed on.
The charitable Dokens donated by the community shall be converted into contributions to the Entity in accordance with the rules of the Dokens programme (apdo. 1 «Naturaleza de los Dokens» de los Términos del programa Dokens).
Domisik shall provide information enabling the Entity to issue, where applicable, donation certificates with tax effects for the donors, with the Entity being responsible for issuing them.
6. Data protection and use of trade marks
Each party acts as an independent controller in respect of the data that it processes for its own purposes. Where there is processing on behalf of another party, the corresponding processing agreement shall be entered into (art. 28 RGPD).
Each party authorises the other to use its name and logo solely within the framework and for the purpose of this collaboration, respecting its brand guidelines.
7. Liability, duration and termination
Each party is liable for its own obligations. The Entity shall hold Domisik harmless against claims arising from its activity and from the use of the funds received.
The agreement is of indefinite duration and may be terminated by either party upon reasonable prior notice, or with immediate effect in the event of material breach or improper use of the funds or of the brand.
In the event of termination by way of sanction, the financial effects (including the possible withholding of outstanding funds by way of compensation and management costs) shall be governed by apdo. 5 «Efectos económicos de la suspensión, el bloqueo o la baja por sanción» de la Política de Abuso y Fraude, in conjunction with apdo. 5 «Donaciones, Dokens y flujos económicos».
8. Governing law and jurisdiction
Spanish law shall apply; the parties submit to the Courts and Tribunals of the city of Córdoba, save where a mandatory rule provides otherwise.