Public contract (offer)
from 06.03.2023
Agreement of a public offer on the provision of a voluntary charitable donation
1. General provisions.
1.1. This public offer to provide a charitable donation (hereinafter the "Offer") is aimed at an undefined circle of able-bodied individuals and legal entities who voluntarily carry out charitable activities and are visitors to the website https://embraced2022.org (hereinafter the "Benefactor"). This offer is a public offer of the СO "CF IN EMBRACE OF UKRAINE", EDRPOU code 44693095, (hereinafter - the "Fund"), in the person of the Director Iryna Yuriivna Zinchenko, which acts on the basis of the Statute, concludes a contract with each Benefactor who applies for the purpose of providing charitable donations on the terms specified in this contract.
1.2. This offer takes effect from the moment you make a charitable donation (acceptance of a public offer) to the CF "IN EMBRACE OF UKRAINE" through the website https://embraced2022.org (hereinafter - the "Site"), from the date of the transfer of funds to the Fund's current account . The offer is open-ended and may be changed or revoked by CO "CF "IN EMBRACE OF UKRAINE" at any time by posting relevant information on the website.
1.3. СO "CF IN EMBRACE OF UKRAINE" may enter into agreements regarding the provision of a charitable donation in a different order and/or under different conditions than provided for in this Offer. The benefactor can separately apply to СO "CF IN EMBRACE OF UKRAINE",for the purpose of concluding such an agreement.
2. Subject of the contract.
2.1. The subject of this Agreement is the free, voluntary and irrevocable transfer of funds by the Benefactor into the ownership of the Fund by making a charitable donation to ensure the statutory activities of the Fund. СO "CF IN EMBRACE OF UKRAINE",independently determines the directions for the use of a charitable donation within the framework of its own statutory activity, unless otherwise determined by the Benefactor in accordance with the procedure specified in this Agreement. The subject of this Agreement is not directly or indirectly receiving profit by any of the Parties to the Agreement.
2.2. 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". The benefactor independently determines the size of the charitable donation.
2.4. If desired, the Benefactor can specify the intended purpose of the charitable donation, choosing from among the programs (projects), goals announced by the "CF IN EMBRACE OF UKRAINE",
2.5. Information on the activities of the "CF IN EMBRACE OF UKRAINE", and reports on the results of such activities are posted on the Site within the deadlines established by law.
3. Acceptance of the contract.
3.1. Acceptance of the Offer means that the Benefactor agrees with all its provisions without any exceptions and/or limitations, and is fully aware of and agrees with the subject of the Agreement, for the purpose of public collection of donations and with the right of the Foundation to use a part of the Benefactor's charitable donation for the administrative expenses of the Foundation, 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 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". 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.
3.4. The Agreement is posted on the website https://embraced2022.org in a freely accessible manner and in a way that ensures familiarization with the content of this Agreement for every person who applies to the Fund.
3.5. The benefactor cannot offer his terms of the Agreement.
4. The procedure for providing a charitable donation.
4.1. Charitable donations can be provided by the Benefactor by:
4.1.1. making a money transfer using the payment forms and means posted on the Site;
4.1.2. making a money transfer to the Fund's current accounts according to the Fund's details;
4.1.3. transfer of cash.
4.2. The payment is recognized as made by the Benefactor at the moment of confirmation of a successful transaction by the bank or payment system.
4.3. Expenses related to making charitable donations (fund transfer commissions, 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. The Benefactor understands and agrees that part of his charitable donation may be used by the Foundation to cover expenses related to making charitable donations, if such expenses are charged by third parties by default and cannot be avoided (for example, fees of payment systems for acquiring, bank fees, etc).
4.4. The Benefactor is responsible for the accuracy of the information provided when transferring the Donation.
4.5. Charitable donations are not subject to return to the Benefactor, except in cases provided by law.
4.6. The public collection of funds continues until the termination of the Fund's activities (including through liquidation), unless another period is determined by the Fund's decision, about which the Benefactor will be notified by placing the relevant information on the Site.
4.7. The public collection of donations is carried out on the territory of any country in the world, in accordance with the procedure provided for in Art. 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". The direct activities of the Foundation, related to the public collection of donations under the Agreement, are carried out at the location of the Foundation.
5. Rights and obligations of the Parties.
5.1. The benefactor has the right:
5.1.1. Make a charitable donation to the Foundation without any restrictions on size and number of times during the entire term of this Agreement;
5.1.2. Receive information about the use of his charitable donation, by reviewing the Fund's reporting posted on the Foundation's website, or by sending a request to the Foundation about the intended use of his charitable donation;
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. Store 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 framework of the Foundation's statutory activities, without additional coordination with the Benefactor.
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 the Organization was unable to fulfill its obligations under the Offer.
7. Dispute resolution procedure.
7.1. All disputes and controversies arising from the execution of this Agreement, concluded on the terms of the Offer, shall be 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 a dispute or controversy. The claim is considered within 10 (ten) 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 negotiations in written form, the dispute that has arisen shall be considered in accordance with the procedure provided for 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, in order to fulfill 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 conditions of the Offer by familiarizing himself with the current new (up-to-date) edition 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 meaning of his actions, unconditionally affirms (i) his legal capacity, (ii) the voluntary nature of the transaction, (iii) that the subject of the charitable donation is not prohibited , arrest, is not in lien, is not encumbered 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 obtained through crime, financing of terrorism and financing of weapons proliferation of mass destruction" and fully agrees with the terms of this Agreement.
9. Fund details.
CHARITABLE ORGANIZATION "CHARITY FUND "IN EMBRACE OF UKRAINE"
Address: Ukraine, 02141, Kyiv city, Rudenko Larysy str., building 6 A, office 640
Code under EDRPOU: 44693095;
Phone: +380668038310;
Email: info@embraced2022.org