AGREEMENT of a public offer on the provision of a charitable donation
This public offer to provide a charitable donation (hereinafter - the Offer) is addressed to an unspecified circle of individuals - individuals and legal entities (hereinafter - the Benefactor) who are visitors to the website on the Internet: https://youthinaction.com.ua/en (hereinafter - the Site ), and is an official and public offer of the Charity Fund "Youth in Action" (Identification code of legal entity 45311772), in person Director Pavlo Dmytrovych Popravkin, acting on the basis of the Statute (hereinafter - the Foundation), to enter into an agreement on the provision of a charitable donation (hereinafter - the Agreement), the subject and essential conditions of which are indicated below:
1. Terms and definitions
1.1. Public offer (and/or Offer) - a valid offer of the Foundation, posted on the Site, to provide a charitable donation, addressed to an unlimited number of persons, including the Benefactor.
1.2. Acceptance - full and unconditional acceptance of the Public Offer by making a money transfer using the payment forms and means posted on the Site, as well as by transferring funds to the Fund's current account through bank institutions. The moment of Acceptance is the date of transfer of funds to the Fund's bank account.
1.3. Charitable donation is a free transfer of funds by the Benefactor to the property of the Foundation for further use to achieve the goals of the Foundation, 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.
1.4. A benefactor is an able-bodied natural or legal person who voluntarily carries out one or more types of charitable activities. For the purposes of this Agreement, the Benefactor is a natural and/or legal entity that accepted the Offer.
2. Subject of the contract
2.1. The subject of this Agreement is the free and voluntary transfer by the Benefactor to the property of the Fund by making a charitable donation for the implementation of the Foundation's statutory activities, including (but not exclusively) the provision of charitable assistance to gifted children, children with disabilities, orphans and children deprived of parental care , to the children of the participants of the operation of the joint forces (OOS / ATO) and forcibly displaced people, to children living in the military conflict zone in the east of Ukraine, within the framework of the Fund's programs and projects in the field of culture, education, health care, spiritual and physical development individuals in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations".
2.2. The benefactor independently determines the size of the charitable donation.
2.3. The subject of this Agreement is not the direct or indirect receipt of profit by any of the parties to this Agreement.
3. Acceptance
3.1. Acceptance of the Offer means that the Benefactor agrees with all its provisions, understands and agrees that the donation will be used to achieve the goals stipulated in the Foundation's Charter, which can be read by sending a request to the e-mail address pavlo.popravkin@gmail.com. In addition, the Benefactor is fully aware of and agrees with the subject of the Agreement regarding the purpose of public collection of donations and the right of the Foundation to use a part of the Benefactor's charitable donation for administrative expenses of the Foundation, in an amount not greater than that provided for by the legislation of Ukraine.
3.2. Benefactor and the Foundation, guided by Art. Art. 207, 639, 641, 642 of the Civil Code of Ukraine, Art. 6 and 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations", agree that from the moment of Acceptance, the Agreement is considered concluded in writing. At the same time, the Parties agree that non-compliance by the parties with the written form of the transaction does not result in its invalidity.
4. Rights and obligations of the Fund
4.1. The fund has the right to:
- receive Charitable donations and use them in accordance with the subject and terms of this Agreement;
- in agreement with the Benefactor, to change the direction of the use of the donation, except for the use of the donation within the framework of one purpose, that is, one charity program, in the cases specified in part 8.3. of Section 8 of this Agreement;
- without agreement with the Benefactor, to use a part of the Charitable donation for administrative expenses of the Fund, in an amount not greater than that provided for by the legislation of Ukraine.
4.2. The fund is obliged to:
- annually electronically post reports on the use of donations on the Foundation's website at the following link: https://youthinaction.com.ua/en;
- to use the received donations exclusively to achieve the goals stipulated by the Foundation's Charter.
5. Benefactor's rights
The benefactor has the right:
- control over the intended use of a charitable donation;
- to change the beneficiaries (recipients) of a charitable donation in accordance with the procedure established by law in case of violation of the goals, terms and procedure of using such a donation or its part in accordance with the terms of this Agreement.
6. Place of public fundraising
Public collection of charitable donations is carried out on the territory of any country in the world. The Foundation's direct activities regarding the public collection of donations under this Agreement are carried out at the Foundation's location.
7. Deadline for collecting donations
The public collection of donations continues until the moment of liquidation of the Fund, unless another period is determined by the Fund.
8. Procedure for using charitable donations
8.1. Charitable donations collected under this Agreement are used in accordance with the goals of the Foundation's charitable activities.
8.2. The benefactor or persons authorized by him have the right to control the intended use of the charitable donation, including for the benefit of third parties.
8.3. The benefactor gives consent to the use of the charitable donation within the framework of its intended purpose, i.e. within the framework of one charitable program. In case of closure or irrelevance of fundraising for a separate project, charity event or charitable event operating within the framework of a specific charitable program, the Benefactor gives consent for the Foundation to use the charitable donation for the implementation of another project, charitable event or charitable event operating within the same charity program, without additional approval from the Benefactor.
8.4. Changing the purposes and procedure of using a charitable donation is possible with the consent of the Benefactor or his legal successors, as well as on the basis of a court decision or in other cases determined by law, except for the cases specified in Part 8.3. Section 8 of this Agreement.
8.5. Donations received by the Foundation may be returned to the Benefactor only in cases provided for by the legislation of Ukraine.
8.6. The responsibility of the parties for the violation of this Agreement or the procedure for the use of Charitable Donations is provided for by the requirements of the current legislation of Ukraine.
9. Procedure for general access to the Fund's financial reports
9.1. Access to the Fund's financial reports is provided by the Fund's annual posting of them on the Website in electronic form.
9.2. Other information may be provided by the Fund in the manner and within the time limits stipulated by the legislation of Ukraine.
10. Other conditions
10.1. All expenses for the payment of sums (commissions) related to the transfer and crediting of the Charity donation are borne by the Benefactor.
10.2. By executing the Acceptance, the Benefactor confirms that he is familiar with and agrees with the terms of Appendix No. 1 to this Agreement regarding the collection and processing of personal data.
10.3. The benefactor gives his consent to the fact that after entering information about himself on the website of the Foundation and registering on the website, 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 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 (only with his additional consent) by the Foundation in the mass media, on the Foundation's website or on its social networks.
11. Location and bank details
Charitable Foundation "Youth in Action"
EDRPOU 45311772
Ukraine, 65069, Odesa region, Odesa city, str. Heroes of the Defense of Odessa, building 80
https://youthinaction.com.ua/en pavlo.popravkin@gmail.com
JSC CB "PRIVATBANK"
y/y
Director Pavlo Dmytrovych Popravkin
