PUBLIC CONTRACT (OFFER) ON THE PROVISION OF A CHARITABLE DONATION

 This  Public Offer  to provide a charitable donation  (hereinafter referred to as the Offer) is  aimed  at  an  undefined circle of individuals (hereinafter referred to as the Benefactor) and is a public offer of the CHARITY ORGANIZATION "DENYS ANTIPOV CHARITABLE FOUNDATION", in the person  of the Director  of the Foundation  Maria  Antipova, which  operates  on the  basis of  the  Statute (hereinafter referred to as the Fund), enter into an  agreement on the provision of a charitable donation under the conditions specified below:

1. Concepts and definitions used in the Agreement

A public offer is a valid offer of the Foundation, posted on the website: https://dacf.in.ua/, to provide a charitable donation, aimed at an undefined circle of individuals.

Acceptance - full and unconditional acceptance of the Offer by taking actions aimed at making a money transfer using payment forms and means, both posted on the website, and by transferring funds to the Fund's current accounts through bank institutions. The offer is considered accepted from the date of crediting the funds to the Fund's current accounts.

Charitable donation – free transfer of funds by the Benefactor of the property of the Foundation for subsequent transfer to the Beneficiaries to achieve certain goals of charitable activity provided for by the Statute or programs of the Foundation, in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Statute of the Foundation and this Agreement.

A benefactor is an able-bodied natural person who voluntarily carries out one or more types of charitable activities. For the purposes of this Agreement, the Benefactor is an individual who accepted the Offer.

Beneficiary – recipient of charitable assistance, who receives assistance from one or more Benefactors to achieve the goals defined by the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Statute of the Foundation.

2. Subject of the Agreement

2.1 The subject of this Agreement is the Benefactor's free and voluntary transfer of funds to the property of the Fund by making a charitable donation to ensure the provision of charitable assistance by the Fund in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Statute, programs of the Fund, etc.

2.2 The Benefactor determines the scope and amount of charitable donations at his own discretion.

2.3 The Foundation independently determines the amount and directions of use of the charitable donation in accordance with its statutory activities and the Foundation's programs.

2.4 The execution of this Agreement by the parties is not aimed at obtaining profit or any benefits for any of the parties.

2.5. The Benefactor's acceptance of this Public Offer is carried out by paying the Charitable Donation

3. Goals and areas of charitable activity

The goals and spheres of the Foundation's charitable activities are determined by the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Law of Ukraine "On Humanitarian Aid", and the Foundation's Statute.

4. Acceptance

By accepting the Offer, the Benefactor indicates that he agrees with all the terms of the Offer, which he has read on the website https://dacf.in.ua/. In addition, by accepting the Offer, the Benefactor is fully aware of and agrees with the subject of this Agreement, the goals of public fundraising, and also confirms the right of the Foundation to use a part of the Charity donation for the administrative expenses of the Foundation in an amount not greater than specified in the Law of Ukraine "On Charitable Activities and charitable organizations".

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 Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". At the same time, the parties agree that after acceptance, failure to sign this Agreement in the form of a separate document does not entail the invalidity of this Agreement.

5. Rights and obligations of the Fund

The fund has the right to:

• receive Charitable donations and use them in accordance with the subject and terms of this Agreement and its statutory activities

• use a part of the Charity donation for the administrative expenses of the Foundation in an amount not greater than that stipulated by the Law of Ukraine "On Charitable Activities and Charitable Organizations".

The fund is obliged to:

• at the Benefactor's request, provide a report on the directions and purposes of using his Charitable donation.

6. Benefactor's rights

The benefactor has the right to:

• control the Fund's use of its Charitable donation for its intended purpose.

7. Place of public fundraising

Public collection of Charitable Donation funds is carried out on the territory of any country in the world. The Foundation's direct activities related to public fundraising are carried out at the Foundation's location.

8. Term of collection of funds and additional conditions

8.1 Public collection of funds continues until the termination of the Foundation's activities (including through liquidation), unless another period is determined by the Foundation's decision, about which the Benefactor will be notified by placing relevant information on the website:  https://dacf.in.ua 

8.2. The Benefactor gives his consent to the fact that in case of non-implementation of the projects for reasons independent of the Fund, or if there are funds remaining during the implementation of the projects for which the Benefactor made a donation, the sums of such donations are not subject to return and will be used for or redistributed for the implementation of other projects of the Fund and on the statutory activities of the Fund.

8.4. Donation is voluntary and non-refundable.

8.5. The benefactor is responsible for the accuracy of the information provided when transferring the donation.

9. Procedure for using Charitable Donations

9.1 The use of charitable donations is carried out to ensure the achievement of the goals defined by the Foundation's statutory activities and the current legislation of Ukraine, in particular the Law of Ukraine "On Charitable Activities and Charitable Organizations".

10. Liability of the Fund

The Foundation is responsible for the violation of the terms of this Agreement and the use of Charitable Donations contrary to the procedure provided for by the Foundation's statutory activities and the legislation of Ukraine, in accordance with the current legislation of Ukraine.

11. Expenses related to the transfer of Charitable donations (commissions for transfer of funds, taxes, fees, etc.) are borne by the Benefactor.

12. The benefactor gives his consent to the fact that after entering information about himself on the website https://dacf.in.ua/ and transferring funds, his contact information can be used by the Foundation to send letters and messages, including in electronic form. At the same time, the Foundation undertakes not to provide information about the Benefactor's contact details to third parties, except in cases directly provided for by the legislation of Ukraine. In addition, the Benefactor gives his consent that information about him (in particular, surname, first name, patronymic) may be used by the Foundation in mass media or on the Foundation's website: https://dacf.in.ua/.

By accepting the Offer, the Benefactor confirms that he is familiar with the Fund's Privacy Policy and, in accordance with the procedure specified therein, gives his consent to the collection, processing and use of personal data.

 

13. Changes to the terms of the Public Offer

The Fund has the right to make changes to this Public Offer. All changes will be published on the website https://dacf.in.ua/ at least seven days before the date of entry into force of the changes.

Upon entry into force of changes to the terms of the Public Offer, the Benefactor's consent is not required.

14. Other provisions

The competent court in case of disputes between the Fund and the Benefactor will be the competent court at the location of the Fund.

The provisions of the legislation of Ukraine apply to the relations between the Benefactor and the Foundation.