PIP-0021: Agreement For Funding

PIP/PIP-0020.md

@@ -1,8 +1,8 @@
 <pre>
   PIP: PIP-0020
   Title: 6-month PascalCoin Foundation Budget Appropriations
-  Type: Protocol
-  Impact: Process
+  Type: Process
+  Impact: None
   Author: Herman Schoenfeld <i>&lt;[email protected]&gt;</i>
   Comments-URI: https://discord.gg/sJqcgtD  (channel #pip-0020)
   Status: Draft

PIP/PIP-0021.md

@@ -0,0 +1,138 @@
+<pre>
+  PIP: PIP-0021
+  Title: Agreement For Funding
+  Type: Process
+  Impact: None
+  Author: Herman Schoenfeld <i>&lt;[email protected]&gt;</i>
+  Comments-URI: https://discord.gg/sJqcgtD  (channel #pip-0021)
+  Status: Draft
+  Created: 2018-06-20
+ </pre>
+ 
+# Agreement For Funding
+
+This document comprises the general agreement between parties receiving funding from the PascalCoin DAO.
+
+### DEFINITIONS 
+- **Foundation**: PascalCoin Foundation Ltd.
+
+- **Contractor**:  A person, business or company receiving, intending to receive or applying for Funding.
+
+- **Proposal**:  An electronic document describing Works being proposed for receiving Funding.
+
+- **Funding**: The moneys to be paid to the Contractor in exchange for the Works, as specified in the Proposal.
+
+- **Payments**: A PASC disbursement from the Foundation to the Contractor comprising a part (or entirety) of the Funding.
+
+- **Works**:  The physical, digital, electronic, tangible and/or intangible deliverables furnished by the Contractor based on an agreed Proposal.
+
+- **DAO**: The PascalCoin Community who hold PASC and vote on Proposals.
+
+- **FAS**: The Foundation's accounting system (“FAS”).
+
+## TERMS AND CONDITIONS
+
+### 1. PARTIES
+
+&nbsp;&nbsp;&nbsp;&nbsp;1.1 The parties ("Parties") to this Agreement are the Foundation and the Contractor.
+
+
+### 2. GENERAL
+
+**The Parties agree:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;2.1 that the Terms and Conditions of this Agreement are superior to and override any terms and conditions of the Proposal or any other agreement, implied or otherwise, associated or connected with this Agreement
+
+&nbsp;&nbsp;&nbsp;&nbsp;2.2 _TODO: add general language/invalid provision/jurisdiction clauses_
+
+### 3. KYC
+
+**The Contractor agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;3.1 to provide all necessary personal and/or company documentation requested by the Foundation in order to comply with the KYC/AML regulations applicable within the jurisdiction of the Foundation.
+
+&nbsp;&nbsp;&nbsp;&nbsp;2.2 to provide the Foundation the contact details of a designated contact with ostensible authority to represent the Contractor.
+
+### 4. PRIVACY
+
+**The Foundation agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;4.1 to keep Contractor records private and secure and not disclose confidential Contractor information to any 3rd party unless required to for auditing, legal, tax and/or compliance reasons.
+
+**The Contractor agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;4.2 that the Foundation's commitment to preserve their privacy is not a guarantee, and shall not hold Foundation liable for leaks arising from cybercrime or rogue employees.
+
+&nbsp;&nbsp;&nbsp;&nbsp;4.3 that the Foundation will publish Contractor invoices for public auditing, and these publications will reference the company name and/or personal name of the Contractor as well as the Payments disbursed to the Contractor by the Foundation.
+
+
+### 5. FUNDING &amp; PAYMENTS
+
+**The Parties agree:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;5.1 that Payments are apportioned to the Contractor on a daily-basis based on daily spot-price conversions of associated cryptocurrencies and fiat currencies.
+
+&nbsp;&nbsp;&nbsp;&nbsp;5.2 that spot-price conversions are transitively calculated from PASC to the destination currency. 
+
+&nbsp;&nbsp;&nbsp;&nbsp; _Example: A payment of PASC worth 10 EUR is calculated as 10 / (PASC/BTC x BTC/USD x USD/EUR)_
+
+&nbsp;&nbsp;&nbsp;&nbsp;5.3 that the Foundation may may utilise USDT in place of USD when performing spot-price conversions.
+
+&nbsp;&nbsp;&nbsp;&nbsp;5.3 that the Funding is ultimately determined by the DAO and not the Foundation and shall not be construed as so.
+
+&nbsp;&nbsp;&nbsp;&nbsp;5.4 that the Foundation is the custodian of the Funding and not the grantor or guarantor.
+
+&nbsp;&nbsp;&nbsp;&nbsp;5.5 that the Funding is not guaranteed in any way, shape or form and that Payments may be terminated at any time by the DAO and/or Foundation without prejudice.
+
+### 6. LIABILITY
+
+**The Contractor agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;6.1 to Limit all claims for liability, damages and warranty claims to a total sum of of AUD $10.
+
+&nbsp;&nbsp;&nbsp;&nbsp;6.2 that the total sum of all such current and prior claims by Contractor shall not exceed a total AUD $10.
+
+### 7. INVOICING
+
+**The Contractor agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;7.1 to issue all invoices to the Foundation via the FAS and only the FAS.
+
+&nbsp;&nbsp;&nbsp;&nbsp;7.2 that any invoice issued to the Foundation by the Contractor not generated via the FAS is automatically invalid and void.
+
+**The Foundation agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;7.3 to grant the Contractor access to the FAS
+provide a reasonable user-experience for the Contractor.
+
+### 8. WORKS
+
+**The Contractor agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;8.1 to not utilize the Funding for any criminal purpose whatsoever. This includes, but is not limited to, drug related activity, the development/maintenance/promotion of a dark-net market and terrorism.
+
+&nbsp;&nbsp;&nbsp;&nbsp;8.2 to not utilize the Funding for political purposes.
+
+&nbsp;&nbsp;&nbsp;&nbsp;8.3 that any and all damages and/or liability, including criminal liability, arising from the Works of the Contractor shall in no way be attributed to the Foundation, it’s Directors, Secretary or membership.
+
+&nbsp;&nbsp;&nbsp;&nbsp;8.4 that all damages, liability, including criminal and otherwise, arising from the Works of the Contractor, or derivatives of the Works, shall remain within the purview of the Contractor and soley the Contractor.
+
+&nbsp;&nbsp;&nbsp;&nbsp;8.5 that any agreement undertaken by the Contractor with 3rd parties for the production of the Works shall in no way be construed as an agreement with the Foundation.
+
+### 9. CHANGES TO AGREEMENT
+
+**The Contractor agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;9.1 that these terms and conditions may be changed at any time by the Foundation without notice.
+
+&nbsp;&nbsp;&nbsp;&nbsp;9.2 to regularly review this Agreement for any changes that may impact their production of the Works.
+
+&nbsp;&nbsp;&nbsp;&nbsp;9.3 that changes to Terms and Conditions shall not be construed as cause for damages.
+
+**The Foundation agrees:**
+
+&nbsp;&nbsp;&nbsp;&nbsp;9.4 to make a reasonable effort to provide a public notice of changes to this agreement, but without being obligated to do so.
+
+&nbsp;&nbsp;&nbsp;&nbsp;9.5 to provide a means to review the revision history of this Agreement (e.g. GitHub revision history).
+
+

PIP/README.md

@@ -27,4 +27,5 @@ If they wish to continue, copy [this template](PIP-template.md) and ensure your
 | [18](PIP-0018.md)     | 10% funding allocation for Lazarus/FPC   | Herman Schoenfeld              | Process        | Active   |
 | [19](PIP-0019.md)     | Balance recovered from lost accounts to be sent to developers fund   | Dr. Muhammad Amer   | Protocol        | Draft |
 | [20](PIP-0020.md)     | 6-month PascalCoin Foundation Budget Appropriations   | Herman Schoenfeld   | Process        | Draft |
+| [20](PIP-0021.md)     | Agreement For Funding                      | Herman Schoenfeld   | Process        | Draft |