on the provision of charitable donations (funds) for public (charitable) purposes
This offer addressed to an indefinite number of individuals and legal entities (hereinafter referred to as the “Benefactor”) – visitors of the site savekyiv.org (hereinafter – the Site), and is an official and public offer of CHARITY ORGANIZATION CHARITY FUND SAVE KYIV (CO CF SAVE KYIV), acting on the basis of the Statute, to enter into a charitable donation agreement (hereinafter – the Agreement), the subject and essential conditions of which are listed below:
1. Terms and definitions
Public Offer – a valid offer of the Organization, posted on the Site, to provide a charitable donation, addressed to an unlimited number of persons, including the Benefactor.
Acceptance – a full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using payment forms and funds posted on the Site, as well as by transferring funds to the current account of the Organization through banking institutions. The moment of Acceptance is the date of money transfer and/or crediting of funds to the bank current account of the Organization.
Charitable donation – a gratuitous transfer of funds by the Philanthropist to the property of the Organization in order to achieve certain, predetermined goals of the activity, in accordance with the Agreement and the Law of Ukraine “On Public Associations”.
2. Subject of the contract
The subject of this agreement is the gratuitous and voluntary transfer of funds by the Philanthropist to the ownership of the Organization, through the implementation of voluntary donations for the statutory activities of the Organization.
The Benefactor independently determines the amount of the charitable donation.
The subject of this Agreement is not the receipt of profit directly or indirectly by any of the parties to the Agreement.
3. Acceptance of the Offer
Acceptance of the Offer means that the Benefactor agrees with all its provisions, they are acquainted with the Charter of the Organization, which is posted electronically on the Organization’s website, they are fully aware of and agree with the subject of the Agreement for public donations and the right of the Organization to use Charitable donation of the Benefactor for administrative expenses of the Organization, in the amount not exceeding the legislation of Ukraine.
The Philanthropist and the Organization, guided by Art. 207, part 2 of Art. 639, art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance the Agreement is considered concluded in a written form. However, the Parties agree that the failure to comply with the written form of the transaction does not mean its invalidity.
4. Rights and obligations of the Organization
4.1. The organization has the right to:
Receive Charitable Donations and use them in accordance with the subject and terms of this Agreement;
Change the directions of use of the donation within the limits of the Statutory activity of the Organization without the consent of the Benefactor;
Without the consent of the Philanthropist to use part of the Charitable donation for administrative expenses of the Organization, in an amount not exceeding that provided by the legislation of Ukraine.
4.2. The organization is obliged to:
Return the money to the Benefactor upon his written application, in case of using the donation contrary to the purposes of this Agreement.
5. Rights of the Philanthropist
Exercise control over the targeted use of charitable donations.
6. Place of public fundraising
Public collection of donations is held in any country of the world. The direct activity of the Organization related to the public collection of donations under the Agreement is carried out at the location of the Organization.
7. Fundraising period
The public collection of donations continues until the liquidation of the Organization unless otherwise specified by the Organization.
8. Procedure for using charitable donations
The use of Charitable Donations collected under the Agreement is carried out in accordance with the objectives of the Organization. The organization disposes of charitable donations at its own discretion. Charitable donations received by the Organization may be returned to the Benefactor only in cases provided by the legislation of Ukraine. Liability of the parties for violation of this Agreement or the procedure for the use of charitable donations is provided by the requirements of the current legislation of Ukraine.
9. The Benefactor or persons authorized by them have the right
The Benefactor or persons authorized by them have the right to control the intended use of the charitable donation.
10. Procedure for general access to the financial statements of the Organization:
Access to the financial statements of the Organization is provided by the Philanthropist upon his written request.
Other information shall be submitted by the Organization in the manner and within the timeframes provided by the legislation of Ukraine.
All expenses for the payment of amounts (commissions) related to the transfer and crediting of donations shall be borne by the Benefactor.
The Benefactor, by agreeing to receive the Acceptance, confirms that they are acquainted with and agrees to the collection and processing of personal data.
The Benefactor agrees that after entering information about themselves during the Charitable Donation, subscribing to the news of the Organization or registering on the Site to the e-mail address or contact phone number of the Benefactor, the Organization may send letters and messages, including advertising. At the same time, the Organization undertakes not to pass e-mail addresses and other information about Philanthropists to third parties, except as provided by the current legislation of Ukraine.