Contract of public offer on the provision of a charitable donation
1. General provisions
1.1. This public offer to provide a charitable donation (Offer) is aimed at an indefinite circle of able-bodied individuals and legal entities who voluntarily carry out charitable activities and are visitors to the website: https://woodins.org, (hereinafter each such person is a Benefactor) and is public by the proposal of the Charitable Organization “Charitable Foundation “I Hope and Believe”, EDRPOU code 33777790 (hereinafter – the Foundation), in the person of the Chairman of the Management Board Vladyslav Yuriyovych Kasatkin, acting on the basis of the Charter, to enter into an agreement with each Benefactor who applies for a charitable donation on the following conditions
2. Subject of the Agreement
2.1. The subject of this Agreement is the Benefactor’s free, voluntary and irrevocable transfer of funds to the Fund by making a charitable donation to ensure the Foundation’s statutory activities, and the Foundation, for its part, accepts such a charitable donation and undertakes to use it for charitable activities in accordance with the Statute and legislation of Ukraine.
2.2. The execution of this Agreement by the parties is not intended to obtain profit or any other benefits for any of the parties.
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 Benefactor’s transfer of funds 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 limitations, is familiar with the Foundation’s Statute, and is fully aware of and agrees with the subject of the Agreement, for the purpose of public collection of donations with the right of the Foundation to use part of the Benefactor’s charitable donation for administrative expenses of the Fund, in an amount that cannot exceed 20 percent of the Fund’s income in the current year.
3.2. The offer is considered accepted and the Agreement concluded from the date of crediting the funds to the Fund’s current account or their posting in the Fund’s cash register.
3.3. The parties agree that from the moment of acceptance of the Offer, this Agreement is concluded in writing in accordance with the requirements of the Civil Code of Ukraine and the Law of Ukraine “On Charitable Activities and Charitable Organizations”. At the same time, 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.
4. The procedure for providing a charitable donation
4.1. The benefactor independently, at his own discretion, determines the size of the donation and has the right to ask the Foundation and receive information about the nature and size of the necessary charitable assistance for the specific purposes of the Foundation’s activities.
4.2. Charitable donations can be provided by the Benefactor by:
4.2.1. making a money transfer using the payment forms and means posted on the Site;
4.2.2. making a money transfer to the Fund’s current accounts according to the Fund’s details.
4.3. The payment is recognized as made by the Benefactor at the moment of confirmation of a successful transaction by the bank or payment system.
4.4. Expenses related to making charitable donations (commissions for transferring funds, taxes, fees, etc.) are borne by the Benefactor, if such expenses are charged to the Benefactor, and the Fund, if such expenses are charged to the Fund.
4.5. The Benefactor is responsible for the accuracy of the information provided when transferring the Donation.
4.6. Charitable donations are not subject to return to the Benefactor. In the event of an uncontrollable situation, the issue of returning the mistakenly sent amount is considered individually.
5. Rights and obligations of the Parties
5.1. The benefactor has the right:
5.1.1. to make a charitable donation to the Foundation without limitations in terms of size and number of times during the entire term of this Agreement;
5.1.2. to receive information about the use of his charitable donation by reviewing the Fund’s reporting posted on the Fund’s website;
5.2. The fund is obliged to:
5.2.1. to provide, at the benefactor’s request, a report on the direction and purposes of using the charitable donation;
5.2.2. to use the received charitable donations to achieve the goals stipulated by the Foundation’s Charter;
5.2.3. keep confidential information (including personal data) received from the Benefactor in accordance with the Fund’s Privacy Policy;
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 administrative expenses of the Foundation in an amount not greater than that provided for by the Law of Ukraine “On Charitable Activities and Charitable Organizations”;
5.3.3. to change the direction of the use of a charitable donation within the scope of the Foundation’s statutory activities.
6. Liability of the Parties
6.1. In case of non-fulfillment or improper fulfillment of their obligations stipulated in the Offer, the Parties shall bear responsibility in accordance with the current legislation of Ukraine and the terms of this Offer.
6.2. The Fund is not responsible for the actions or inactions of third parties, as a result of which it was unable to fulfill its obligations under the Offer.
7. Dispute resolution procedure
7.1. All disputes that arise during the execution of this Agreement, concluded on the terms of the Offer, are resolved through negotiations in writing.
7.2. The claim is submitted to the Party in writing by sending a registered letter with a notice of delivery, within a period of no more than 10 (ten) calendar days from the date of the appearance of comments that are the basis for the dispute. The claim is considered within 30 (thirty) calendar days, calculated from the day 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 accordance with the procedure provided by the current legislation of Ukraine.
8. Final provisions
8.1. By accepting the Offer, the Benefactor gives the Foundation consent to the processing of his personal data, which are disclosed by the Benefactor when making a charitable donation, for the purpose of fulfilling the terms of the Agreement.
8.2. The offer becomes effective from the day it is posted on the Fund’s website and is valid indefinitely. The Fund has the right to cancel the Offer at any time without giving reasons. Changes and additions may be unilaterally made to the Offer, which take effect from the day they are posted on the Fund’s website.
8.3. The benefactor is obliged to independently monitor changes to the terms of the Offer by reviewing the current (up-to-date) version on the Site.
8.4. The benefactor may not demand the termination of this Agreement, except in the cases provided for by law. 8.5. By carrying out 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 affirms his legal capacity, voluntariness of entering into the deed, that the subject of the charitable donation is not subject to a ban, seizure, is not in lien, unencumbered by any other rights of third parties and was not acquired in violation of the provisions of Law of Ukraine No. 361-IX “On Prevention and Counteraction of Legalization (Laundering) of Proceeds of Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction” and fully agrees with the terms of this Agreement.