Public offer agreement on charitable donation
1. General provisions
1.1. This public offer for charitable donation (Offer) is aimed at an indefinite number of able-bodied individuals and legal entities who voluntarily carry out charitable activities and are visitors to the site: foundfuture.com.ua , (hereinafter each of such persons is a Philanthropist) and is a public proposal of the Charitable Organization “Foundation for the Future Charitable Foundation”, USREOU code 40938738 (hereinafter - the Foundation), represented by the Executive Director Serhiy Kukhtin, acting under the Statute, will apply for a charitable donation on the above terms.
2. Subject of the Agreement
2.1. The subject of this Agreement is the gratuitous, voluntary and non-refundable transfer of funds by the Philanthropist to the Fund by making a charitable donation to ensure the statutory activities of the Fund, including the transfer of funds to other charitable organizations of Ukraine. to conduct charitable activities in accordance with the Charter and legislation of Ukraine.
2.2. The philanthropist independently determines the amount and directions of use of the charitable donation, as well as agrees to the redistribution / use of the donation in other projects, if the fundraiser is closed or not relevant. The performance by the parties of this Agreement is not for profit or any other benefit to either party.
2.3. This Agreement is concluded on the terms of the accession agreement (according to Article 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the public offer.
2.4. The transfer of funds by the Benefactor under this Agreement is recognized as a charitable donation in accordance with Art. 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations".
3. Acceptance of the Agreement
3.1. Acceptance of the Offer means that the Benefactor agrees with all its provisions without any exceptions and / or restrictions, is familiar with the Charter of the Foundation, which is posted electronically on the Foundation's Website, and is fully aware of and agrees with the subject of the Agreement for public collection of donations and with the right of the Foundation to use part of the Charitable Donation of the Philanthropist for the administrative expenses of the Foundation, in the amount not exceeding 20 percent of the Fund's income in the current year.
3.2. The offer is considered accepted, and the Agreement is concluded from the date of crediting funds to the current account of the Fund or their posting in the Fund's cash desk.
3.3. 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". In this case, the Parties agree that after the Acceptance of the Offer, failure to enter into this Agreement in the form of a separate document does not entail the invalidity of this Agreement.
3.4. The Agreement is posted on the website foundfuture.com.ua in free access and in a way that provides acquaintance with the content of this Agreement to each person applying to the Fund.
3.5. The philanthropist cannot offer his terms of the Agreement.
4. The procedure for making a charitable donation
4.1. The philanthropist determines the amount of the donation at his / her own discretion and has the right to ask the Fund and receive information on the nature and amount of charitable assistance required for specific purposes of the Fund's activities and charitable programs of the Foundation to determine the use of charitable donations.
4.2. Charitable donations can be provided by the Philanthropist by:
4.2.1. making a money transfer using payment forms and funds posted on the Site;
4.2.2. making a money transfer to the current accounts of the Fund according to the details of the Fund;
4.2.3. cash transfer.
4.3. The philanthropist has the opportunity to make a charitable donation by using electronic payment on the Foundation's website, through payment services and independently choose a one-time or regular payment format (with the ability to cancel regular payments at any time). (If this feature is not provided on the site, the item can be removed)
4.4. Payment is recognized as made by the Benefactor at the time of confirmation of a successful transaction by the bank or payment system.
4.5. Expenses related to charitable donations (commissions for transfer of funds, taxes, fees, etc.) are borne by the Benefactor, if such expenses are collected from the Benefactor, and the Fund, if such expenses are collected from the Fund. The Beneficiary is aware of and agrees that part of its charitable donation may be used by the Fund to cover charitable donations if such costs are collected by default by third parties and cannot be avoided (eg acquiring payment systems commissions, banking commissions, etc).
4.6. The Benefactor is responsible for the accuracy of the information provided in the transfer of the Donation.
4.7. Charitable donations are not refundable to the Benefactor, except as provided by law.
4.8. Public fundraising continues until the termination of the Fund (including by liquidation), unless otherwise specified by the decision of the Fund, which the Benefactor will be notified by posting relevant information on the Site.
4.9. Public collection of donations is carried out on the territory of any country in the world in the manner prescribed by Art. 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". The direct activity of the Fund related to the public collection of donations under the Agreement is carried out at the location of the Fund.
5. Rights and obligations of the Parties
5.1. The philanthropist has the right to:
5.1.1. to make a charitable donation to the Fund without restrictions on the amount and number of times during the entire term of this Agreement;
5.1.2. receive information on the use of his charitable donation, by reviewing the Fund's reports posted on the Foundation's website, or by sending the Fund a request for the intended use of his charitable donation;
5.2. The fund is obliged to:
5.2.1. to provide, at the request of the Benefactor, a report on the direction and purposes of the use of the charitable donation;
5.2.2. use the received charitable donations to achieve the goals set forth in the Foundation's Charter;
5.2.3. keep confidential information (including personal data) received from the Benefactor in accordance with the Foundation's Privacy Policy;
5.2.4. in case of use of the donation contrary to the purposes of this Agreement, to return the money to the Benefactor upon his written application.
5.3. The Fund has the right to:
5.3.1. receive charitable donations, use them in accordance with the subject and conditions of this Agreement and its statutory activities;
5.3.2. to use part of the charitable donation for the administrative expenses of the Fund in the amount not exceeding the Law of Ukraine "On Charitable Activities and Charitable Organizations".
5.3.3. to change the directions of using the charitable donation within the statutory activities of the Fund.
6. Liability of the Parties
6.1. In case of non-fulfillment or improper fulfillment of its obligations under the Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
6.2. The Fund shall not be liable in the event of any act or omission of third parties as a result of which the Organization has been unable to fulfill its obligations under the Offer.
7. Dispute resolution procedure
7.1. All disputes and disputes arising from the implementation of this Agreement, concluded on the terms of the Offer, shall be resolved through negotiations in writing.
7.2. The claim shall be submitted to the Party in writing by sending a registered letter with notice of service, within no more than 10 (ten) calendar days from the date of the comments, which is the basis for dispute or dispute. The claim shall be considered within 10 (ten) calendar days from the date of its delivery to the Party to which it is addressed.
7.3. In case of impossibility of the Parties to reach an agreement during the negotiations in writing, the dispute that has arisen shall be considered in the manner prescribed by the current legislation of Ukraine.
8. Final provisions
8.1. By accepting the Offer, the Benefactor agrees to the Fund to process his personal data, which are disclosed by the Benefactor when making a charitable donation, in order to fulfill the terms of the Agreement.
8.2. The offer comes into force from the date of its placement on the Fund's Website and is valid indefinitely. The Fund has the right to cancel the Offer at any time without explanation. The Offer may be unilaterally amended and supplemented, which shall take effect from the date of their placement on the Fund's Website.
8.3. The philanthropist is obliged to independently monitor changes in the terms of the Offer by reading the current new (current) version on the Site.
8.4. The Benefactor may not demand the termination of this Agreement, except as provided by law.
8.5. By performing the actions provided for in this Agreement, the Benefactor confirms that he is familiar with the terms and text of this Agreement, is aware of the significance of his actions, unconditionally asserts (i) his legal capacity, (ii) voluntary conclusion of the deed, (iii) , arrested, not on bail, unencumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine №361-IX "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Terrorist Financing and Financing of Proliferation mass destruction "and fully agrees with the terms of this Agreement.
9. Details of the Fund
CHARITABLE ORGANIZATION "CHARITY FOUNDATION FOUNDATION FOUNDATION" USREOU code 40938738 Legal address: 01024, Kyiv, Velyka Vasylkivska Street, building 21 Non-profit organization in accordance with the decision №1626554601706 from 06.12.2016, issued by the Main Department of the State Tax Service in Kyiv STI in Pechersk district. Bank details: (specify current details)