Public offer agreement for a charitable donation

GENERAL PROVISIONS

1. This public offer of a charitable donation (hereinafter referred to as “Offer”) is a proposal of the Charitable Organization “Charitable Foundation “Vid Syanu do Donu”, legal entity identification code 44675741, located at: 40 B, Klavdiyivska St., Kyiv, 03164, Ukraine, apartment 206 (hereinafter referred to as “Fund”), represented by the Chairman of the Foundation Andriy Lazarevych, to an indefinite number of capable individuals and legal entities of private law that voluntarily carry out charitable activities (hereinafter each of such persons is a “Donor”), to conclude an agreement on the provision of a charitable donation (hereinafter the “Agreement”) on the terms described in this Offer with each Donor who applies.
2. This Offer shall enter into force upon its publication on the Fund’s website at the following link: https://vsdd.foundation/ (hereinafter referred to as the “Site”). This Offer is perpetual and may be amended or withdrawn by the Foundation at any time (prior to its acceptance by the Benefactor) by posting the relevant information on the Website.
3. The Foundation may enter into agreements on the provision of a charitable donation in a different manner and/or on different terms than provided for in this Offer. The Donor may separately apply to the Foundation to conclude such an Agreement.

SUBJECT MATTER OF THE CONTRACT

4. According to this Agreement, the Donor shall donate funds to the Foundation as a voluntary charitable donation to ensure the statutory activities of the Foundation and to cover the Foundation’s administrative expenses, and the Foundation shall accept such charitable donation and undertake to use it for its charitable activities in accordance with the Charter and the laws of Ukraine.
5. The transfer of funds by the Donor under this Agreement shall be recognized as a charitable donation in accordance with Art. 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
6. The benefactor determines the amount of the charitable donation independently. The donor has the right to request from the Foundation and receive information about the nature and amount of the required 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 it is provided.
7. If the Donor indicates (selects) in the purpose of payment the purpose specified in the relevant announcement of a public collection of charitable donations for a specific purpose (implementation of charitable programs or projects, assistance to a specific beneficiary) posted on the Site, the Foundation undertakes to use the charitable donation for the purposes specified by the Donor. In case the Donor’s charitable donation received by the Foundation cannot be used for the specified purpose for objective reasons (due to the collection of a charitable donation sufficient for the purpose, the disappearance of the need for assistance, etc.), the Donor agrees, and the Foundation has the right and obligation to use the Donor’s charitable donation for other purposes within the statutory activities of the Foundation.
8. The conclusion and execution of this Agreement is not intended to and does not provide for profit to either party.

FOUNDATION ACTIVITIES

9. The Foundation carries out charitable activities for the military, assisting the Ukrainian people and Ukraine during the war with the Russian Federation, promoting the restoration of rights and freedoms and rehabilitation of Ukrainian citizens and their families affected by the war and the territory of Ukraine, implementing actions aimed at further reconstruction of Ukraine and taking other actions aimed at creating a happy and secure future for Ukraine and its citizens.
10. The Fund’s activities are not aimed at making a profit.
11. The Fund’s Charter, information on its work, and performance reports are available on the Website.

MAKING A DONATION AND ACCEPTING THE OFFER

12. The Donor 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 Website, or (ii) transferring funds to the Foundation’s account through banking institutions. Charitable donations are indefinite, and the period of their use by the Foundation is not limited.
13. In accordance with this Offer and the Agreement, charitable donations are provided by the Donors and used by the Foundation to conduct and ensure charitable activities (implementation of the areas, goals of charitable activities and charitable programs) of the Foundation in accordance with the Charter and the legislation of Ukraine. The donor agrees to this purpose of his/her donation.
14. The Donor also has the right to designate a specific purpose for his/her donation within the goals and activities 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 3 and 6 of this Offer.
15. Charitable donations are used by the Foundation in the order of their receipt.
16. When making a donation, for the purpose of correct identification of the payer, the Donor shall provide his/her contact information: name and surname, legal entity, e-mail address and/or telephone number, and other data that allows the Donor to be identified.
17. Acceptance of the offer shall be deemed to be its full and unconditional acceptance by the Donor by performing actions to transfer the charitable donation to the Foundation in one of the ways specified in clause 12 above (hereinafter referred to as “Acceptance”). In addition, by accepting the Offer, the Donor fully understands and agrees with the subject matter of the Agreement, the objectives and purpose of the public fundraising, and confirms the right of the Foundation to use part of the charitable donation for the Foundation’s administrative expenses in the amount not exceeding the amount specified in the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
18. The Parties agree that from the moment of acceptance of the Offer, this Agreement shall be 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 acceptance of the Offer, failure to conclude this Agreement in the form of a separate document shall not invalidate this Agreement.
19. The Offer shall be deemed accepted and the Agreement concluded from the date of crediting the funds to the Fund’s account.
20. By paying a charitable contribution, you agree that the amount of the donation is non-refundable.
21. The costs associated with making charitable donations (transfer fees, taxes, fees, etc.) shall be borne by the Donor, if such costs are charged to the Donor, and by the Foundation, if such costs are charged to the Foundation. The Donor realizes and agrees that part of his/her charitable donation may be used by the Foundation to cover the costs associated with making charitable donations if such costs are charged by third parties by default and cannot be avoided (for example, payment system acquiring fees, bank fees, etc.).

RIGHTS AND OBLIGATIONS OF THE PARTIES

22. The Foundation undertakes to use the funds of the Donor’s charitable donation in strict accordance with the laws of Ukraine and only within the framework of its statutory activities.
23. The Foundation shall have the right to independently determine the areas of use of the charitable donation in accordance with its statutory activities and the legislation of Ukraine, unless the Donor has determined a specific purpose of his/her donation under a separate agreement with the Foundation. Thus, if the specific purpose of the charitable donation is not specified by the Donor, it is considered that the charitable donation was made for the Foundation’s statutory activities.
24. The Donor 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 Donors to finance its administrative expenses in the amount not exceeding the amount provided for by the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
25. A donor has the right to receive information about the use of his or her charitable donation. For this purpose, the Foundation publishes financial reports on the Website, which, among other things, contain 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 request of the Donor, the Foundation may also confirm the intended use of the charitable donation with additional documents.
26. By providing a charitable donation, the Donor unconditionally confirms (i) his/her legal capacity, (ii) voluntariness of the transaction, (iii) that the subject of the charitable donation is not prohibited, arrested, or pledged, is not encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction”. The Benefactor confirms that no restrictive measures (sanctions) have been imposed against the Benefactor and/or its ultimate beneficial owners by Ukraine, foreign states, international bodies or institutions recognized by Ukraine. If the Foundation has reasonable doubts about these statements, the Foundation has the right to request, and the Donor undertakes to provide, appropriate supporting evidence of these statements.

PLACE OF PUBLIC COLLECTION OF CHARITABLE DONATIONS

27. Public collection of charitable donations is carried out in any country of the world, except for the Russian Federation. The Foundation’s direct activities related to achieving the goals set out in the Foundation’s Charter are carried out in accordance with its Charter.

THE PERIOD OF PUBLIC COLLECTION OF CHARITABLE DONATIONS

28. Public collection of charitable donations on the basis of this Agreement shall be carried out throughout the entire period of the Foundation’s activity until its termination, unless otherwise determined by the decision of the competent governing bodies of the Foundation. In cases provided for in clause. 7. of this Agreement, the public collection of charitable donations shall be carried out within the terms specified in the relevant announcement of the public collection of charitable donations for a specific purpose.

RESPONSIBILITY OF THE FUND

29. The Foundation shall be liable for violation of the terms of this Agreement or the procedure for using a charitable donation on the basis, in the amount and in the manner prescribed by the requirements of the current legislation of Ukraine.

FINAL PROVISIONS

30. By accepting the Offer, the Donor grants the Foundation consent to the processing of his/her personal data disclosed by the Donor 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 (in case of transferring funds to the Fund’s current account through banking institutions) bank details. The 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 Donor’s personal data to third parties without the Donor’s permission, except in cases where such disclosure is required by state authorities or otherwise required in accordance with the laws of Ukraine. The Benefactor confirms that he/she 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/her.
31. The Donor agrees that after entering information about himself/herself during the charitable donation or registration on the Site, the Foundation may send letters and messages, including electronic ones, to the Donor’s e-mail address or contact phone number. In addition, if the Donor does not wish to remain anonymous when making a charitable donation, the Foundation has the right, without the consent of the Donor, to publish in its reports, on the Website or in any media the Donor’s surname, name and patronymic or the name of the Donor as a benefactor of the Foundation. At the same time, the Foundation undertakes not to transfer the email address and other information about the Donor to third parties, except as provided for by this Agreement and the current legislation of Ukraine.
32. In case of disputes between the parties to this Agreement, they shall be resolved through negotiations. If a negotiated settlement is not possible, disputes are considered by the courts in accordance with the procedure established by law.

INFORMATION ABOUT THE ORGANIZATION

33. Full name: Charitable Organization “Charitable Foundation “From Sunrise to Sunset””
    EDRPOU code: 44675741
    Address: 40 B Klavdiyivska St., Kyiv, 03164, Ukraine, apartment 206
    Address for correspondence: Ukraine, 04060, P.O. Box 88
    Phone: +380932908091
    Mail: help@vsdd.foundation

Version of the Offer №1 from 16.01.2023
Published on the Site on 16.01.2023