(on the provision of a voluntary charitable donation)
1. GENERAL PROVISIONS
1.1 This public offer for the provision of charitable donations (hereinafter referred to as the “Offer“), in accordance with Art. 641 of the Civil Code of Ukraine, is a proposal from the Charitable Organization “Charitable Fund “Iron Shield of Ukraine”, registration number 44678344, located at: 104 Slobozhanskyi Avenue, apt 125, Dnipro, Ukraine, 49000 (hereinafter, “Foundation”), represented by the Head (Director) of the Foundation Yevhen Serhiiovych Lianzberh, acting on the basis of the Charter, an indefinite circle of capable individuals and legal entities of private law, who voluntarily carry out charitable activities (hereinafter referred to each of these persons as “Benefactor“), to conclude an agreement on the provision of a charitable donation (hereinafter referred to as the “Agreement”) under the terms described in this Offer with each Benefactor, who will apply.
1.2 This Offer comes into force from the moment it is posted on the Foundation’s internet Website at: https://www.ironshieldukraine.com (hereinafter referred to as the “Website”). This Offer is indefinite and may be changed or withdrawn by the Foundation at any time (before its acceptance by the Benefactor) by posting the relevant information on the Website.
1.3 The Foundation may enter into agreements for the provision of charitable donations in a different manner and / or on conditions other than provided for in this Offer. The Benefactor may apply separately to the Foundation for the conclusion of such an agreement.
2. SUBJECT OF THE AGREEMENT
2.1 The subject of this Agreement is the free and voluntary transfer of funds by the Benefactor into the ownership of the Foundation by making a charitable donation for the statutory activities of the Foundation. The Benefactor independently determines the amount of charitable donations. The Foundation independently determines the directions of use of charitable donations within the framework of its own statutory activities, unless otherwise determined by the Benefactor in the manner prescribed by this Agreement. The subject of this Agreement is not to receive profit (directly or indirectly) by any of the Parties to the Agreement.
2.2 The funds transfer by the Benefactor under this Agreement are recognized as a charitable donation in accordance with Art. 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
2.3 If desired, the Benefactor may indicate the purpose of the charitable donation by choosing among the programs (projects), goals announced by the Foundation.
3. ACTIVITIES OF THE FOUNDATION
3.1 The Foundation carries out charitable activities in accordance with its Charter.
3.2 The Foundation’s activities are not intended to make a profit.
3.3 Information on the Foundation’s activities and reports on the results of such activities are posted on the Website.
4. MAKING DONATIONS
4.1 The Benefactor independently determines the amount of the charitable donation.
4.2 The charitable donation is voluntary and cannot be later returned to the Benefactor.
4.3 In accordance with these Offer and the Agreement, charitable donations are provided by benefactors and used by the Foundation to conduct and ensure charitable activities (implementation of directions, goals of charitable activities and charitable programs) of the Foundation in accordance with the Statute and legislation of Ukraine. The Benefactor agrees with this purpose of his donation.
4.4 Ways to make a charitable donation:
- one-time payment;
- monthly / annual payments in any amount.
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 only within the framework of its statutory activities.
5.2 The Foundation has the right to independently determine the directions of use for charitable donations in accordance with its statutory activities and the legislation of Ukraine, except for cases when the Benefactor has determined the specific purpose of their donation under a separate agreement with the Foundation. Thus, if the specific purpose of the charitable donation by the Benefactor is not determined, it is considered that the donation is made for the implementation of Foundation’s statutory activities.
5.3 The Benefactor has the right to receive information about the use of their charitable donation. To do this, the Foundation may post monthly financial reports on the Website, which also contain information on (i) the amount of donations received by the Foundation during the reporting period and (ii) the Foundation’s expenses during the reporting period. At the Benefactor’s written request, 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 stipulated by the current legislation of Ukraine and this Offer.
5.4 By providing a charitable donation, the Benefactor unconditionally asserts (i) his legal capacity, (ii) the voluntary conclusion of the transaction, (iii) that the subject of charitable donation is not prohibited, arrested, pledged, nor burdened with any other rights of third parties and was not acquired in violation of the Law of Ukraine “On prevention and counteraction to legalization (laundering) proceeds from crime, terrorist financing, and financing the proliferation of weapons of mass destruction.” If the Foundation has reasonable doubts about these statements, the Foundation has the right to ask, and the Benefactor undertakes to provide relevant supporting evidence for these statements.
6.1 Acceptance is the full and unconditional recognition of the Public Offer by performing actions to make a money transfer using payment forms and means posted on the Website, as well as by transferring funds to the Foundation’s current account through bank institutions. The moment of Acceptance is the date of the money transfer and/or crediting of funds to the Foundation’s bank current account.
6.2 Acceptance of the Offer means that the Benefactor agrees with all its provisions and is fully aware of and agrees with the subject of the Agreement, for the purpose of public collection of donations and with the right of the Foundation to use part of the Benefactor’s Charitable Donation for administrative expenses of the Foundation, in the amount not exceeding of what is provided for by the legislation of Ukraine.
6.3 The Benefactor and the Foundation, guided by Art. 639, art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance the Agreement is considered concluded. At the same time, the Parties agree that non-compliance by the parties with the written form of the transaction shall not mean its invalidity.
6.4 The Foundation processes the Benefactor’s personal data provided when visiting the Website and/or making a money transfer (hereinafter referred to as personal data) in order to properly implement this
7. FINAL PROVISIONS
7.1 The provisions of the current legislation of Ukraine apply to the relations between the Benefactor and the Foundation.
7.2 The Foundation’s liability for violation of this Agreement or the procedure for using charitable donations come on the grounds, in the amount and in the manner prescribed by the requirements of the current legislation of Ukraine.
7.3 In the event of disputes between the parties to this Agreement, they shall be resolved through negotiations. If it is impossible to resolve disputes through negotiations, such disputes shall be considered by the courts in accordance with the procedure established by the current legislation of Ukraine.
8. CONTACT DETAILS
Charitable organization “Charitable Fund “Iron Shield of Ukraine”
Address: 104 Slobozhanskyi Avenue, apt 125, Dnipro, Ukraine, 49000
Email: [email protected]