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PUBLIC OFFER AGREEMENT
ABOUT GIVING A CHARITABLE DONATION
This public offer to provide a charitable donation is a proposal (hereinafter referred to as the “Offer”) of the Charitable Organization “Charitable Foundation “Sky of Victory”, legal entity identification code – 45109890, located at: 01021, Kyiv, Pecherskyi district, Klovskyi uzviz, house 7 (hereinafter referred to as the “Fund”), represented by Director Dmytro Volodymyrovych Pokazeyev, acting on the basis of the Charter, which is addressed to an unspecified number of persons – individuals and legal entities – who visit (hereinafter referred to as the “Benefactor”) the website https://neboperemogy.com.ua/ (hereinafter referred to as the “Site”), to conclude an agreement on providing a charitable donation (hereinafter referred to as the “Agreement”) on the terms described in this Offer with each Benefactor who applies. This Offer comes into force from the moment of its posting on the Site, is indefinite and may be amended or withdrawn by the Foundation at any time (prior to its acceptance by the Benefactor) by posting relevant information on the Site.
1. DEFINITIONS AND CONCEPTS
1.1. "Offer" - a valid proposal of the Foundation, posted on the Site, to provide a charitable donation, addressed to an unlimited number of persons, including the Benefactor.
1.2. "Acceptance" - full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using payment forms and means posted on the Site, as well as by transferring funds to the Fund's current account through banking institutions.
1.3. The "Moment of Acceptance" is the date of crediting the funds to the Fund's bank account.
1.4. “Charitable donation – a free transfer of funds by the Benefactor into the ownership of the Foundation to achieve certain, pre-determined goals of activity, in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
1.5. "Benefactor" - a capable individual or legal entity under private law (including a charitable organization) who voluntarily makes a charitable donation.
2. SUBJECT OF THE CONTRACT
2.1. According to the terms of this Agreement, the Benefactor freely and voluntarily transfers a charitable donation in the form of funds to the property of the Foundation to achieve the goals, objectives, directions and types of statutory activities of the Foundation, including for its administrative expenses, and the Foundation accepts such a charitable donation and undertakes to use it to carry out its own charitable activities in accordance with the Statute and the legislation of Ukraine.
2.2. The transfer of funds by the Benefactor under this Agreement is recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations".
2.3. The benefactor independently determines the amount of the charitable donation. The benefactor has the right to request from the Foundation and receive information about the nature and amount of the necessary charitable assistance for specific purposes of the Foundation's activities, as well as for the Foundation's charitable programs, in order to determine the areas of use of the charitable donation before its provision.
2.4. If the Benefactor indicates (chooses) in the purpose of the payment the purpose specified in the relevant announcement on the public collection of a charitable donation for a specific purpose (implementation of charitable programs or a project, assistance to a specific Beneficiary posted on the Site), the Foundation undertakes to use the charitable donation for the purposes specified by the Benefactor. In the event that the charitable donation of the Benefactor received by the Foundation cannot be used for the specified purpose due to objective reasons (due to the collection of a sufficient amount of charitable donation to implement the purpose, the disappearance of the need for assistance, etc.), the Benefactor agrees, and the Foundation has the right and undertakes to use the charitable donation of the Benefactor for other purposes within the framework of the statutory activities of the Foundation.
2.5. The conclusion and execution of this Agreement is not intended and does not involve the receipt of profit by either party.
2.6. The Foundation's Charter, information about its work and reports on the results of its activities are posted on the Website.
2.7. The Foundation may conclude agreements for the provision of charitable donations in a different manner and/or on other terms than those provided for in this Offer. The Benefactor may separately apply to the Foundation for the conclusion of such an Agreement.
3. MAKING A DONATION AND ACCEPTING THE OFFER
3.1. The Benefactor independently determines the amount of the charitable donation and makes it by (i) making a money transfer using the payment forms and means posted on the Site, or (ii) transferring funds (via the LiqPay payment service) to the Fund's account through banking institutions. The Benefactor chooses the payment format at his own discretion: one-time or regular (with the ability to cancel regular payments at any time). Charitable donations are indefinite, and the term of their use by the Fund is not limited.
3.2. In accordance with this Offer and the Agreement, charitable donations are provided by the Benefactors and used by the Foundation to conduct and ensure charitable activities (implementation of areas, goals of charitable activities and charitable programs) of the Foundation in accordance with the Charter and legislation of Ukraine. The Benefactor agrees with such a purpose of his donation.
3.3. The Benefactor also has the right to determine (choose) a specific purpose for his donation within the framework of the goals and areas of activity and charitable programs of the Foundation by concluding a separate agreement with the Foundation on the provision of a charitable donation, in accordance with clauses 2.3 and 2.7. of this Offer.
3.4. Charitable donations made are used by the Foundation in the order in which they are received.
3.5. When making a donation, for the correct identification of the payer, the Benefactor indicates his/her contact information: first and last name, name of the legal entity, email address and/or phone number, other data that allows the Benefactor to be identified.
3.6. Acceptance of the Offer is considered to be its full and unconditional acceptance by the Benefactor of the transfer of the charitable donation funds to the Fund in one of the ways specified in clause 3.1 above (hereinafter referred to as “Acceptance”). In addition, by Accepting the Offer, the Benefactor fully understands and agrees with the subject matter of the Agreement, the goals and objectives of public fundraising, and also confirms the right of the Fund to use part of the charitable donation for the Fund’s administrative expenses in an amount not exceeding that specified in the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
3.7. The Parties agree that from the moment of acceptance of the Offer, this Agreement is concluded in writing in accordance with Articles 207, 639, 641 and 642 of the Civil Code of Ukraine and Articles 6 and 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". The Parties agree that after the Acceptance of the Offer, failure to conclude this Agreement in the form of a separate document does not entail the invalidity of this Agreement.
3.8. The Offer is considered accepted and the Agreement concluded from the date of crediting the funds to the Fund's account. After crediting the funds to the Fund's account, the charitable donation is considered irrevocable and is not returned by the Fund, except in cases where such return is required by the legislation of Ukraine or otherwise provided for by this Offer. If the charitable donation was made to the Fund's account without identification of the payer and the Fund cannot identify the Benefactor of the charitable donation, such charitable donation is not returned by the Fund.
3.9. Expenses related to making charitable donations (transfer fees, taxes, fees, etc.) are borne by the Benefactor if such expenses are charged to the Benefactor, and by the Foundation if such expenses are charged to the Foundation. The Benefactor understands and agrees that part of his charitable donation may be used by the Foundation to cover expenses related to making charitable donations if such expenses are charged by third parties by default and cannot be avoided (for example, fees from acquiring payment systems, bank fees, etc.).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Foundation undertakes to use the funds of the Benefactor's charitable donation in strict accordance with the legislation of Ukraine and only within the framework of its statutory activities.
4.2. The Foundation has the right to independently determine the directions of use of the charitable donation in accordance with its statutory activities and the legislation of Ukraine, except for cases when the Benefactor has determined the specific purpose of his donation under a separate agreement with the Foundation. Thus, if the specific purpose of the charitable donation is not determined by the Benefactor, it is considered that the charitable donation was made for the implementation of the statutory activities by the Foundation.
4.3. The Benefactor agrees that, in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Foundation may use part of the funds received from the Benefactors to finance its administrative expenses in an amount not exceeding that provided for by the Law of Ukraine "On Charitable Activities and Charitable Organizations".
4.4. The Benefactor has the right to receive information about the use of his charitable donation. For this purpose, the Foundation posts reports on the Site, which include information on (i) the amounts of donations received by the Foundation during the reporting period, and (ii) the Foundation's expenses. At the Benefactor's request, the Foundation may also confirm the intended use of the charitable donation with additional documents.
4.5. By making a charitable donation, the Benefactor unconditionally confirms (i) his legal capacity, (ii) the voluntariness of concluding a transaction, (iii) that the object of the charitable donation is not under prohibition, arrest, is not pledged, is not encumbered by any other rights of third parties and was not acquired in violation of the provisions of the Law of Ukraine "On Prevention and Counteraction to the Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction". The Benefactor confirms that no restrictive measures (sanctions) have been applied against the Benefactor and/or its ultimate beneficial owners by Ukraine, foreign states, international bodies or institutions recognized by Ukraine. In the event that the Foundation has reasonable doubts regarding these statements, the Foundation has the right to request, and the Benefactor undertakes to provide, relevant supporting evidence of these statements.
5. VENUE OF THE PUBLIC MEETING FOR CHARITABLE DONATIONS
5.1. Public collection of charitable donations is carried out on the territory of any country in the world, except for the Russian Federation. The direct activities of the Foundation, related to the achievement of the goals stipulated by the Foundation's Charter, are carried out in accordance with its Charter.
6. PUBLIC COLLECTION PERIOD FOR CHARITABLE DONATIONS
6.1. Public collection of charitable donations on the basis of this Agreement shall be carried out throughout the entire term of the Fund's activity until its termination, unless otherwise determined by the decision of the competent management bodies of the Fund. In the cases provided for in clause 2.4. of this Agreement, public collection of charitable donations shall be carried out within the terms specified in the relevant announcement of public collection of charitable donations for a specific purpose.
7. FUND'S RESPONSIBILITY
7.1. In case of failure to fulfill or improper fulfillment of their obligations stipulated by the Offer or the Privacy Policy , the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
7.2. The Fund is not liable in the event of actions/inaction of third parties, as a result of which the Fund was unable to fulfill its obligations under the Offer.
8. CASE RESOLUTION PROCEDURE
8.1. Disputes and disputes arising during the performance of the Charitable Donation Agreement concluded under the terms of the Offer shall be resolved through negotiations in writing.
8.2. The claim shall be submitted to the Party in writing by sending a registered letter with return receipt requested, within a period not exceeding 10 (ten) calendar days from the date of the occurrence of the observations that are the basis for the dispute or controversy. The claim shall be considered within 10 (ten) calendar days, calculated from the date of its delivery to the Party to which it is addressed.
8.3. In the event that the Parties are unable to reach an agreement during negotiations in writing, the dispute that has arisen shall be considered in accordance with the procedure provided for by the current legislation of Ukraine.
8.4. On all other issues not provided for in this Offer, the Parties shall be guided by the current legislation of Ukraine.
9. FORCE MAJEURE
9.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was caused by force majeure circumstances. Force majeure circumstances are understood to mean circumstances of extraordinary events that arose after the signing of this Agreement and that the Parties could neither foresee nor prevent in a normal way. Such force majeure circumstances include floods, fires, earthquakes and other natural phenomena, as well as military actions, any decisions of government and management bodies, as well as any other circumstances that are beyond the control of the Parties and directly prevent the performance of this Agreement. At the same time, the Parties understand that the Agreement is concluded during martial law in Ukraine and force majeure circumstances will be only those circumstances that arose after the signing of the Agreement and if they make it impossible for the Parties to fulfill their contractual obligations.
9.2. In the event of non-fulfillment or partial fulfillment of obligations under this Agreement as a result of force majeure circumstances, the party affected by such circumstances is obliged to send a written notice to the other party. Officially published regulatory documents or letters of the Chamber of Commerce and Industry are also considered to be notices of the Parties within the framework of this Agreement.
10. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
10.1. By making the Acceptance, the Benefactor confirms that he is familiar with and gives his consent to the collection and processing of personal data disclosed by the Benefactor when making a charitable donation, in order to fulfill the terms of the Agreement. Such personal data may include: name, surname and patronymic, address, place of residence, e-mail address, telephone number and (when transferring funds to the current account of the Foundation through banking institutions) bank details. Permitted types of personal data processing include their collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalization and destruction. The Foundation undertakes not to disclose the Benefactor's personal data to third parties without the Benefactor's permission, except in cases where such disclosure is required by state authorities or otherwise required in accordance with the legislation of Ukraine. The Benefactor confirms that he has been informed of the rights established by the Law of Ukraine "On Personal Data Protection". The scope of the Benefactor's rights as a personal data subject in accordance with the Law of Ukraine "On Personal Data Protection" is known and understood by him.
10.2. The Benefactor agrees that after entering information about himself/herself when making a charitable donation or registering on the Site, the Foundation may send letters and messages, including electronic ones, to the Benefactor's email address or contact phone number. In addition, if the Benefactor has not expressed a desire to remain anonymous when making a charitable donation, the Foundation has the right, without the Benefactor's consent, to publish in its own reporting, on the Site or in any media the surname, first name and patronymic or the name of the Benefactor as a benefactor of the Foundation.
10.3. At the same time, the Foundation undertakes not to transfer the email address and other information about the Benefactor to third parties, except for cases provided for by this Agreement and the current legislation of Ukraine.
10.4. The Foundation is not responsible for the disclosure of personal data that occurred as a result of illegal actions of third parties or if such disclosure occurred with the consent of the Benefactor.
11. INFORMATION ABOUT THE FUND
11.1. Charitable organization "Charitable Foundation "Sky of Victory".
11.2. Legal address: 01021, Kyiv, Klovsky Uzviz, building 7,
11.3. EDRPOU code – 45109890
11.4. Non-profit designation: 0036 – charitable organizations from 03/18/2023
11.5. Recipient's account in the format according to the IBAN standard UA65 380582 0000026006010333314