PUBLIC OFFER
PUBLIC OFFER FOR PROVIDING A VOLUNTARY CHARITABLE DONATION
1. GENERAL PROVISIONS
1.1. This public offer for providing a charitable donation (hereinafter referred to as the "Offer") is, by Article 641 of the Civil Code of Ukraine, a proposal from the CHARITABLE ORGANIZATION "“STERNENKO COMMUNITY” CHARITY FUND", legal entity identification code 45778792, located at: Ukraine, 04071, Kyiv, Vozdvyzhenska Street, Building 41 (hereinafter referred to as the "Fund"), represented by the Executive Director Oleksandr Yuriyovych Skarlat, acting based on the Charter, to an indefinite number of legally capable individuals and private legal entities voluntarily engaging in charitable activities (hereinafter each referred to as the "Donor") to agree to the provision of a charitable donation (hereinafter referred to as the "Agreement") under the terms described in this Offer.
1.2. This Offer takes effect from the moment it is posted on the Fund's website at sternenkofund.org (hereinafter referred to as the "Website"). This Offer is open-ended and may be modified or revoked by the Fund at any time (before acceptance by the Donor) by posting relevant information on the Website.
1.3. The Fund may enter into agreements regarding the provision of charitable donations in a different manner and/or on other terms than those stipulated in this Offer. The Donor may separately contact the Fund to conclude such an agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the free and voluntary transfer by the Donor of monetary funds to the ownership of the Fund as a charitable donation for the implementation of the Fund’s statutory activities. The Donor independently determines the amount of the charitable donation. The Fund independently determines the directions for using the charitable donation within its statutory activities unless otherwise specified by the Donor per the Agreement. The purpose of this Agreement is not to generate direct or indirect profit for either Party.
2.2. The transfer of funds by the Donor under this Agreement is recognized as a charitable donation by Article 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations."
2.3. The Donor may specify the intended purpose of the charitable donation by selecting from the programs (projects) and objectives announced by the Fund, including implementation of the Fund’s institutional activities, particularly for employee salaries and administrative expenses necessary to achieve the Fund’s goals.
3. FUND ACTIVITIES
3.1. The Fund carries out charitable activities in accordance with its Charter, particularly in the field of enhancing the country’s defense capabilities and mobilization readiness in connection with the military aggression of the russian federation.
3.2. The Fund’s activities are not aimed at making a profit.
3.3. Information about the Fund’s activities and reports on the results of such activities are posted on the Website.
4. MAKING A DONATION
4.1. The Donor independently determines the amount of the charitable donation.
4.2. A charitable donation is voluntary and is not subject to refund to the Donor.
4.3. Charitable donations provided under this Offer and Agreement are used by the Fund exclusively for conducting and ensuring charitable activities (implementing charitable goals, directions, and programs) in accordance with its Charter and the legislation of Ukraine. The Donor agrees to the purpose of their donation.
4.4. Methods of making a charitable donation:
· One-time payment;
· Subscription, which includes monthly/annual payments in any amount.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Fund undertakes to use the charitable donation funds in strict compliance with Ukrainian law and exclusively within its statutory activities.
5.2. The Fund has the right to independently determine the directions for using the charitable donation in accordance with its statutory activities and the legislation of Ukraine, except in cases where the Donor has defined a specific purpose for their donation under a separate agreement with the Fund. If no specific purpose is defined by the Donor, the donation is considered to be for the implementation of the Fund’s statutory activities.
5.3. The Donor has the right to receive information about the use of their charitable donation. To this end, the Fund may post monthly financial reports on the Website, including information about (i) the amounts of donations received by the Fund during the reporting period, and (ii) the Fund’s expenses during the reporting period. Upon the Donor’s written request, the Fund may also confirm the targeted use of the charitable donation with additional documents.
5.4. By making a charitable donation, the Donor unconditionally confirms (i) their legal capacity, (ii) the voluntary nature of the transaction, (iii) that the subject of the charitable donation is not subject to prohibition, seizure, pledge, or any other third-party rights and was not acquired in violation of the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism, and Financing of the Proliferation of Weapons of Mass Destruction." If the Fund has reasonable doubts regarding these statements, it has the right to request, and the Donor is obligated to provide, appropriate supporting evidence.
5.5. The Fund undertakes to regularly publish reports on its website regarding the use of charitable donations, including detailed information on received funds and their utilization. The reports will be available to all donors and interested parties. The Fund also undertakes to provide additional information upon donors' request within a period not exceeding 30 days from the date of receiving the request.
5.6. The Donor has the right to receive full information about the Fund's activities, including reports on the use of funds, the results of charitable programs, and other information related to the Fund's statutory activities. The Donor also has the right to withdraw their consent for the processing of personal data at any time.
6. ACCEPTANCE
6.1. Acceptance – full and unconditional acceptance of the Public Offer by performing actions to make a money transfer using payment forms and methods available on the Website or by transferring funds to the Fund’s bank account through banking institutions. The moment of Acceptance is the date of the money transfer and/or crediting of funds to the Fund’s bank account.
6.2. Acceptance of the Offer means that the Donor agrees with all its provisions and fully understands and consents to the subject of the Agreement, the purpose of the public collection of donations, and the Fund's right to use part of the Donor’s charitable donation for administrative expenses in an amount not exceeding that provided for by the legislation of Ukraine.
6.3. The Donor and the Fund, in accordance with Articles 639, 641, and 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance, the Agreement is considered concluded. At the same time, the Parties agree that failure to comply with the written form of the transaction does not render it invalid.
6.4. The Fund processes the Donor’s personal data provided when visiting the Website and/or making a money transfer (hereinafter – personal data) to properly implement this Agreement and its statutory activities. Detailed information on the procedure for processing personal data by the Fund is available in the Privacy Policy section at the following link: sternenkofund.org.
6.5. The Fund undertakes to protect donors' personal data from unauthorized access, loss, or destruction. All personal data is processed in accordance with the Fund’s Privacy Policy, which is available on the website. The Donor has the right to withdraw their consent to the processing of personal data at any time by contacting the Fund.
7. FINAL PROVISIONS
7.1. The relations between the Donor and the Fund are governed by the current legislation of Ukraine.
7.2. The Fund's liability for violations of this Agreement or the procedure for using charitable donations arises on the grounds, in the amount, and the manner determined by the requirements of the current legislation of Ukraine.
7.3. In the event of disputes between the parties to this Agreement, they shall be resolved through negotiations. If the disputes cannot be resolved through negotiations, they shall be considered by the courts in accordance with the procedure established by the current legislation of Ukraine.
7.4. In the case of improper use of funds or violations of the terms of this Offer, the Fund undertakes to return the funds to the donors or use them according to the specified purposes. The Fund also undertakes to inform donors of any violations and the measures taken to address them.
7.5. The Fund reserves the right to amend this Offer. All changes will be announced on the Fund’s website at least 30 days before they take effect. Donors who do not agree with the changes have the right to withdraw their consent to participate in charitable activities.
8. CONTACT INFORMATION
Name CHARITABLE ORGANISATION "“STERNENKO COMMUNITY” CHARITY FUND"
Address Ukraine, 04071, Kyiv, Vozdvyzhenska Street, Building 41
Email - appeal@sternenkofund.org
