PUBLIC OFFER
on making a voluntary charitable donation
1. GENERAL PROVISIONS
1.1. This public offer on making a charitable donation (hereinafter the "Offer"), in accordance with Article 641 of the Civil Code of Ukraine, is a proposal of the CHARITABLE ORGANISATION "CHARITABLE FOUNDATION "NADII BUTY"., legal entity identification code 45956568, located at: Ukraine, 08149, Kyiv region, Bucha district, Sofiivska Borshchahivka village, St.
Olhy Kobylianskoi, building 5V, apartment 150 (hereinafter the "Foundation"), represented by its head (director) the Director of the Foundation SAFIIEVA SVITLANA ANATOLIIVNA, acting on the basis of the Charter, addressed to an indefinite number of legally capable natural persons and private-law legal entities who voluntarily carry out charitable activities (hereinafter each such person - the "Benefactor"), to conclude an agreement on making a charitable donation (hereinafter the "Agreement") on the terms set out in this Offer, with every Benefactor who applies.
1.2. This Offer enters into force from the moment it is published on the Foundation's website on the Internet at the link: https://hopetobe.org (hereinafter the "Website"). This Offer is open-ended and may be amended or withdrawn by the Foundation at any time (prior to its acceptance by the Benefactor) by publishing the relevant information on the Website.
1.3. The Foundation may conclude agreements on making a charitable donation under a different procedure and/or on terms other than those set out in this Offer. The Benefactor may contact the Foundation separately
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the gratuitous and voluntary transfer by the Benefactor of funds into the ownership of the Foundation by making a charitable donation towards the Foundation's statutory activities. The Benefactor independently determines the amount of the charitable donation. The Foundation independently determines how the charitable donation is used within its own statutory activities, unless otherwise specified by the Benefactor in the manner set out in this Agreement.
The subject of this Agreement is not the receipt, directly or indirectly, of profit by either Party to the Agreement.
2.2. The transfer of funds by the Benefactor under this Agreement is recognised as a charitable donation in accordance with Article 6 of the Law of Ukraine "On Charitable Activities and Charitable Organisations".
2.3. If they wish, the Benefactor may specify the intended purpose of the charitable donation by choosing among the programmes (projects) and goals announced by the Foundation.
3. ACCEPTANCE OF THE OFFER
3.1. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Benefactor agrees with all of its provisions, has familiarised themselves with the Organisation's Charter published in electronic form on the Organisation's Website, fully understands and agrees with the subject of the Agreement, with the purpose and goals of the public collection of charitable donations, and with the Organisation's right to use part of the Benefactor's charitable donation for the Organisation's administrative expenses, in an amount no greater than that provided for by the legislation of Ukraine.
3.2. The Benefactor and the Organisation, guided by Article 207, Part 2 of Article 639, Articles 641 and 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer the charitable donation Agreement is deemed concluded..
3.3. The Parties agree that failure by the Parties to observe the written form of the charitable donation Agreement does not render it invalid.
4. MAKING A DONATION
4.1. The Benefactor independently determines the amount of the charitable donation.
4.2. A charitable donation is voluntary and is not subject to subsequent return to the Benefactor.
4.3. In accordance with this Offer and the Agreement, charitable donations are made by Benefactors and used by the Foundation to carry out and support charitable activities (implementation of
the areas and goals of charitable activity and charitable programmes) of the Foundation in accordance with the Charter and the legislation of Ukraine. The Benefactor agrees to such intended use of their donation.
4.4. Ways to make a charitable donation:
• a one-off payment;
• a subscription providing for monthly/annual payments of an arbitrary amount.
This subscription may be cancelled at any time through the services of the user's bank (for example, Privat24, Apple Pay, Google Play and others).
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Foundation undertakes to use the funds of the Benefactor's charitable donation in strict accordance with the legislation of Ukraine and solely within the scope of its statutory activities.
5.2. The Foundation has the right to independently determine how the charitable donation is used in accordance with its statutory activities and the legislation of Ukraine, except where the Benefactor has specified a particular purpose for their donation under a separate agreement with the Foundation. Accordingly, if the Benefactor has not specified a particular purpose for the charitable donation, the donation is deemed to have been made towards the Foundation's statutory activities.
5.3. The Benefactor has the right to receive information on the use of their charitable donation.
For this purpose the Foundation may publish annual financial reports on the Website, which include information on (i) the amounts of donations received by the Foundation during the reporting period, and (ii) the Foundation's expenses during the reporting period. At the written request of the Benefactor, the Foundation may also confirm the intended use of the charitable donation with additional documents. Access to reports on the use of charitable donations is provided by the Foundation in the manner and within the time limits set out by the current legislation of Ukraine and this Offer.
5.4. By making a charitable donation, the Benefactor unconditionally confirms (i) their legal capacity, (ii) the voluntary nature of entering into the transaction, (iii) that the subject of the charitable donation is not under prohibition or seizure, is not pledged, is not encumbered by any other third-party rights and was not acquired in violation of the Law of Ukraine "On Preventing and Countering the Legalisation (Laundering) of Proceeds of Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction". Should the Foundation have reasonable doubts as to these statements, the Foundation has the right to request, and the Benefactor undertakes to provide, appropriate supporting evidence of these statements.
6. FINAL PROVISIONS
6.1. The provisions of the current legislation of Ukraine apply to the relations between the Benefactor and the Foundation.
6.2. The Foundation's liability for breach of this Agreement or of the procedure for using charitable donations arises on the grounds, in the amount and in the manner set out by the requirements of the current legislation of Ukraine. 6.3. Should disputes arise between the parties to this Agreement, they are to be resolved through negotiations. If disputes cannot be resolved through negotiations, they are considered by the courts in the manner established by the current legislation of Ukraine.
7. CONTACT DETAILS
Name:
CHARITABLE ORGANISATION "CHARITABLE FOUNDATION "NADII BUTY"
Address Ukraine, 08149, Kyiv region, Bucha district, Sofiivska Borshchahivka village, St.
Olhy Kobylianskoi, building 5V, apartment 150 Email - nadiorgua@gmail.com