Revision as of September 15, 2023
Non-governmental organization GO GLOBAL (1 Mazepy street, Kyiv 01011, EDRPOU code 40174567, tel. +380678146417, e-mail: join@goglobal.com.ua) in the person of Kovryga Tetyana Ruslanivna, Director, acting on the basis of the Charter, on the one hand (hereinafter - the Organization),
and
the person who entered into the said Agreement by checking "yes" in the "Joining the Agreement" section when filling out the "Terms of cooperation with the Volunteer" form (hereinafter – the Volunteer), on the other hand, collectively referred to as the Parties, and each separately - the Party, concluded this Agreement on the maintaining volunteer activities (hereinafter - the Agreement), on the following:
1.1. This Agreement is an adhesion agreement within the meaning of Article 634 of the Civil Code of Ukraine and can be concluded only by joining the Volunteer to all its conditions in general, by checking "yes" in the "Joining the Agreement" section when filling out the "Terms of cooperation with the Volunteer" form.
1.2. Under this Agreement, the Organization entrusts and the Volunteer undertakes to provide free of charge volunteer assistance as a form of charitable assistance, based on para. 3 h. 1 st. 1 of the Law "On Volunteering" and Clause 2 of Part 1 of Art. 1 of the Law on Charitable Activities and Charitable Organizations.
1.3. The Volunteer provides assistance to the Organization in the following areas: providing volunteer assistance in other areas not prohibited by law, as well as the development and support of these areas in the public interest, and the implementation of other activities that correspond to the main areas of activity of the Organization in accordance with its charter.
1.4. Volunteer assistance is aimed at promoting the legitimate interests of the Organization in the following areas of charitable activity, defined by the Law of Ukraine "On Charitable Activities and Charitable Organizations": providing volunteer assistance in the field of education and in other areas not prohibited by legislation, as well as the development and support of these areas in public interests.
1.5. The Agreement is concluded with consideration of the requirements of Part 1 of Art. 54 of the Law of Ukraine "On Prevention of Corruption" regarding the possibility of receiving services free of charge, in cases provided for by the Laws of Ukraine "On Volunteering" and "On Charitable Activities and Charitable Organizations").
1.6. The Volunteer's work schedule and Description of volunteer activities (tasks) for the Volunteer regarding the implementation of the sphere/spheres of volunteer activity defined in Clause 1.2. of the Agreement is determined by the Parties by exchanging e-mails using the mail indicated by the Organization in this Agreement and the Volunteer in the relevant application form.
1.7. When providing volunteer assistance to the Organization, the Volunteer cooperates with his/her coordinator, who fully facilitates the organizational aspects of the Volunteer's work and receives feedback for the work performed and/or services provided, information about the Coordinator and his/her contact details are provided to the Volunteer in the appropriate instruction letter, which is sent prior to the start of volunteer work to the Volunteer's e-mail.
1.8. The period of volunteer activity by the Volunteer in the Organization is the period from the date of joining this Agreement to the date of annulment and termination of this Agreement.
1.9. When performing the areas of volunteer activity specified in this Agreement and its Anexes, the Volunteer is guided by the current legislation of Ukraine and the conditions established by the Agreement.
2.1. The Volunteer is entitled to:
2.1.1. proper conditions for volunteering, in particular, obtaining reliable, accurate and complete information about the procedure and conditions for volunteering;
2.1.2. provision of special means of protection, equipment and equipment, if necessary;
2.1.3. reimbursement of expenses related to the implementation of volunteer activities provided for in Article 11 of the Law of Ukraine "On Volunteer Activities" in the manner and under the conditions specified in this Agreement;
2.1.4. receiving confirmation from the Organization (certificates, recommendations, certificates, etc.) regarding the nature, quality, and scope of volunteer assistance provided;
2.1.5. crediting the time of volunteering to the educational and industrial practice in the case of its passing in the direction that corresponds to the specialty received, with the consent of the educational institution;
2.1.6. to exercise other rights that do not contradict the current legislation of Ukraine.
2.2. The volunteer is liable to:
2.2.1. conscientiously and timely fulfill the duties related to the implementation of volunteer activities;
2.2.2. in cases specified by law, undergo a medical examination and provide a health certificate;
2.2.3. if necessary, undergo the necessary training (retraining);
2.2.4. not to allow actions and deeds that may negatively affect the reputation of the volunteer or the Organization;
2.2.5. comply with the legal regime regarding working with information with restricted access, in the case of working with such information in the process of providing volunteer assistance;
2.2.6. report on volunteer assistance provided in a manner and in a form that is additionally agreed between the Parties;
2.2.7. ensure the confidentiality of information that became or could become known to him during the provision of volunteer assistance, regarding the Organization, recipients of volunteer assistance or other volunteers;
2.2.8. compensate the Organization for property damage caused as a result of his volunteering, in accordance with the law;
2.2.9. strictly adhere to the Volunteer Code, which is available on the Organization's official website.
2.2.10. track on the Organization's website the changes made to the Volunteer Code and/or this Agreement and/or the Policy on involving volunteers.
2.3. The organization is entitled to:
2.3.1. issue the Volunteer with a certificate certifying the identity and type of volunteer activity within the Organization;
2.3.2. insure the Volunteer's life and health for the period of volunteer activity in accordance with the Law of Ukraine "On Insurance";
2.3.3. reimburse the Volunteer for expenses related to the implementation of volunteer activities, provided for by the Law of Ukraine "On Volunteer Activities" and this Agreement;
2.3.4. receive from the Volunteer a report on the volunteer assistance provided within the framework of the tasks set by the Organization;
2.3.5. eavail other rights that do not contradict the current legislation of Ukraine.
2.4. The organization is liable to:
2.4.1. provide the Volunteer with safe and appropriate conditions for volunteering activities for life and health;
2.4.2. if necessary, documentally confirm the Volunteer's authority, in particular, by issuing the Volunteer with an appropriate certificate;
2.4.3. carry out informational and educational training of the Volunteer;
2.4.4. provide the Volunteer with reliable, accurate and complete information about the content and specifics of volunteer activities, complete and reliable information about the content of the tasks to be performed and the conditions for performing the tasks assigned to the Volunteer;
2.4.5. provide free access to information related to volunteering;
2.4.6. explain to the Volunteer his rights and obligations before co-operation;
2.4.7. contribute and actively participate in the resolution of any conflict situations that may arise during the implementation of volunteer activities;
2.4.8. monitor the Volunteer's performance of tasks related to the performance of works and services within the framework of volunteer assistance.
3.1. Subject to availability of supporting primary documents, the Volunteer may be reimbursed for expenses for:
3.1.1. travel (including luggage transportation) to the place of volunteering;
3.1.2. obtaining a visa;
3.1.3. food, when volunteer activity lasts more than 4 hours a day;
3.1.4. accommodation in the case of a volunteer's business trip to another settlement for volunteer activities that will last more than 8 hours.
3.2. Expenses specified in clauses 3.1.1 - 3.1.4. of the Agreement, shall be reimbursed no more than is established by the norms for reimbursement of business trip expenses by Resolution of the Cabinet of Ministers of Ukraine No. 98 of February 2, 2011 "On the amounts and composition of expenses for business trips of civil servants, as well as other persons sent on business trips by enterprises, organizations and organizations that are fully or partially maintained (financed) at the expense of budget funds". Such expenses are reimbursed if the need for the above-mentioned expenses arose in connection with the performance of a task agreed with the coordinator, the amount of compensation is established by an order/order in the Organization and provided for in the budget of the relevant Project.
3.3. The list of such costs and their amounts shall be previously agreed with the Volunteer's coordinator.
3.4. Documents certifying the cost of expenses incurred in connection with the provision of volunteer assistance are settlement documents in accordance with the Law of Ukraine "On the use of registrars of settlement operations in the sphere of trade, catering and services". In the case of sending a Volunteer on a business trip abroad, documents certifying the cost of expenses incurred abroad in connection with the volunteer's business trip are drawn up in accordance with the legislation of the relevant state and are compensated within the limits of the norms established by Resolution of the Cabinet of Ministers of Ukraine No. 98 of February 2, 2011 of the year "On the amounts and composition of expenses for business trips of civil servants, as well as other persons sent on business trips by enterprises, organizations and organizations that are fully or partially supported (financed) from budget funds".
3.5. In order to reimburse the incurred expenses, the Volunteer shall, no later than three banking days from the day the expenses were incurred, or no later than three banking days from the day of returning from a business trip, submit an application in the name of the authorized person of the Organization for reimbursement of the expenses incurred and copies of the original documents confirming such expenses .
3.6. Reimbursement of expenses specified in clause 3.1 of the Agreement is made to the Volunteer's bank account specified in section 8 of the Agreement.
4.1. This Agreement enters into force at the moment of joining the said Volunteer Agreement by ticking "yes" in the "Joining the Agreement" section when filling out the "Terms of cooperation with the Volunteer" form and is valid until December 31, 2024.
4.2. In the event that none of the Parties notifies the other Party, in accordance with the procedure specified in this Agreement, of the intention to terminate the Agreement 10 working days before December 31 of the year in which the Agreement is valid, the validity of this Agreement is automatically extended until December 31 of the following year.
5.1. The Parties are responsible for improper performance or failure to perform their obligations under this Agreement in accordance with this Agreement and the legislation of Ukraine.
5.2. In the event that the actions of one of the Parties cause material damage to the other Party, this Party must compensate for the damage caused.
5.3. In case of non-material damage caused by one Party to another Party, the mechanism and scope of compensation shall be established through negotiations by the Parties by mutual agreement. In case of impossibility to resolve the dispute regarding the compensation of non-material damage, or in case of any other disputes arising during the execution of the Agreement, the Parties shall resolve them in court in accordance with the legislation of Ukraine.
5.4. In the event of force majeure circumstances, under which the Party cannot fully or partially fulfill its obligations under this Agreement due to an accident or force majeure, the deadline for the fulfillment of obligations is postponed for the time during which such circumstances will be in effect, but not more than for one month. Force majeure circumstances include, in particular, but not exclusively: fires, natural disasters, blockades, strikes, hostilities in the territory where volunteer activities are carried out (if such volunteer activities are not related to the provision of assistance in the area of hostilities and armed conflicts), the adoption of laws or the adoption of other normative legal acts that prevent the fulfillment of the terms of this Agreement, as well as other circumstances determined by legislation.
5.5. In the event that the Volunteer violates any of the provisions of Section 7 of this Agreement, the Volunteer undertakes to hand over all profits received by him as a result of the violation of confidentiality conditions under this Agreement, as well as to pay a fine in the amount of ________.
6.1. In case of violation of the terms of this Agreement by one of the Parties, the other Party has the right to early termination of the Agreement, if through negotiations it is not possible to establish acceptable conditions for the continuation of the Agreement.
6.2. If one of the Parties decides to terminate the Agreement early, it is obliged to notify the other Party of such intention at least five working days in advance.
6.3. The Organization may refuse to cooperate with a volunteer in all or some areas of activity if the Volunteer regularly does not perform the work assigned to him and violates the provisions of this Agreement and/or the Volunteer Code, which is available on the official website of the Organization.
6.4. The Agreement is automatically terminated upon the expiration of the terms of volunteer assistance provided by the Volunteer, in the event that such terms are established by the Parties through the exchange of e-mails.
7.1. On the basis of this Agreement, the Organization receives all rights to the exclusive use of information obtained under this Agreement, as well as the results of the provision of Services.
7.2. Both Parties agree to observe commercial secrecy, which includes any information about their activities obtained during the execution of this Agreement, including regarding production, technology, sales, finance, structure, management, software products and tools, and other issues of activity of the Parties, as well as the conditions and procedure for the execution of the Agreement. Any information received by the Volunteer from the Organization is considered confidential, unless otherwise established by current legislation, this Agreement or its Annexes.
7.3. The Volunteer may not advertise or otherwise disclose for the purposes of commercial gain or business reputation his Agreementual relationship with the Organization and directly Agreementual relationship between the Organization in connection with his activities or for other reasons without the prior written permission of the Organization.
7.4. Information and data that are considered the property of any of the Parties, or that are transferred or disclosed by one Party (Disclosing Party) to another Party (Receiving Party) during the performance of the Agreement must be kept confidential by such Party, while working with such information is provided as follows:
7.5. The receiving party shall:
7.5.1. demonstrate the same care and discretion in preventing the disclosure, publication or distribution of the Disclosing Party's Information as it takes with respect to similar Information of its own that it does not wish to disclose, publish or distribute; and
7.5.2. use the Disclosing Party's Information exclusively for the purposes for which such information was disclosed.
7.6. Provided that the Receiving Party has a written agreement with the following individuals or legal entities, which requires them to treat the Information as confidential in accordance with the Agreement and this section, the Receiving Party may disclose the Information:
7.6.1. to any other party with the prior written consent of the Disclosing Party; and
7.6.2. employees, officials, representatives and agents of the Receiving Party who need to know such Information for the purposes of fulfilling their obligations under the Agreement, as well as employees, officials, representatives and agents of any legal entity that is under the control of the Receiving Party or that controls the Receiving Party party, or with which the Receiving Party is under joint control, that needs to know such Information for the purposes of performing its obligations under the Agreement, provided that, for such purposes, a controlled legal entity means:
7.6.2.1. a corporate legal entity, more than 50% (fifty percent) of the voting shares of which are owned or otherwise controlled, directly or indirectly, by the Party; or
7.6.2.2. any legal entity that is effectively managed by the Party.
7.7. The Receiving Party shall not be prevented from disclosing Information which the Receiving Party has received from third parties without any restrictions, which the Disclosing Party has disclosed to the third party without any obligation of confidentiality, which was already known to the Receiving Party before, or which the Receiving Party could have received in full independently of the disclosure described herein.
7.8. These obligations and limitations in the field of confidentiality of information will be valid during the term of the Agreement, including any extension of its validity period, and will also remain valid even after any termination of the Agreement.
8.1. The Parties confirm that in their activities within the framework of this Agreement, they will adhere to the principle of zero tolerance for any manifestations of sexual exploitation and abuse.
8.2. According to the Bulletin of the UN Secretary General "Special measures for protection against sexual exploitation and sexual abuse" (57/5СV/2003/13):
8.3. Sexual exploitation is any abuse or attempted abuse of a vulnerable position, power or trust for sexual purposes, including, but not limited to, obtaining financial, social or political benefit from the sexual exploitation of another person.
8.4. Sexual assault is a physical act or threat of physical act against sexual integrity or with the use of force, or in unequal conditions or with coercion. Sexual abuse also includes non-contact and sexual exploitation and online abuse.
8.5. The volunteer, in his activities within the framework of the implementation of the Project, undertakes to comply with the norms, principles and rules for the prevention of sexual exploitation and exposure (hereinafter referred to as PSEE).
8.6. The volunteer undertakes to follow the principles of the Organization's Code of Conduct and the provisions of the Protection against Sexual Exploitation and Harassment Policy.
8.7. The volunteer is recommended to take the online course "Prevention of sexual exploitation and exposure" at the link https://agora.unicef.org/course/info.php?id=30625.
8.8. The volunteer undertakes to inform the beneficiaries, who will receive services within the scope of the project, about the principles and norms of PSEE, to distribute informational materials (bulletins, banners) on the subject of PSEE, approved by UNICEF.
8.9. The volunteer undertakes to collect and promptly transfer information on cases of emergency situations, if such occurred during the implementation of the project. All information about SEN cases should be sent to the following email address: gesi@goglobal.com.ua
8.10. Any behavior of the Volunteer related to sexual exploitation or abuse is considered a violation of the Policy of zero tolerance for any manifestations of sexual exploitation and sexual abuse and is grounds for termination of this Agreement.
8.11. If the Volunteer violates any of the provisions of this section, the Organization has the right to terminate this Agreement unilaterally by sending an appropriate notice of termination of the Agreement due to the Volunteer's violation of the policy of zero tolerance for sexual exploitation and abuse. In this case, the Agreement is considered terminated on the second day after sending the relevant message to the Volunteer's e-mail address specified in Section 13 of this Agreement.
9.1. In cases not stipulated by this Agreement, the Parties shall be governed by the legislation of Ukraine.
9.2. The volunteer gives the right to the Organization to collect, process and store personal data, as well as to use them by the Organization exclusively for the implementation of the powers provided for by law, in particular, for the purpose of fulfilling tax legislation.
9.3. All negotiations of the Parties under this Agreement are conducted using electronic means of communication such as: e-mail (for the Organization - the email indicated in this Agreement, for the Volunteer - the email indicated by him in the application form, which he fills out at the selection stage volunteers and/or any types of messengers specified by the parties in the email correspondence.
9.4. A volunteer in the process of conducting volunteer activities is guided by the Agreement and the internal policies and procedures of the Organization, which apply to volunteers that the Organization engages in its activities. The volunteer must be familiarized with the necessary policies before signing the Agreement.
9.5. Changes and additions to this Agreement are made, if necessary, by publishing the updated version of the Agreement on the official website of the Organization. In the event that the Volunteer, who acted in accordance with and on the basis of the Agreement in the version that has become invalid, does not notify the Organization within 5 working days from the date of publication of the updated version of the Agreement about the refusal to perform his duties based on the updated version of the Agreement, it is considered that that such a Volunteer has accepted all changes to the Agreement and acts in accordance with and on the basis of the Agreement as amended on the Organization's official website.
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the AGREEMENT
Email us at volunteers@goglobal.com.ua
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