PUBLIC OFFER
PUBLIC OFFER FOR PROVIDING A VOLUNTARY CHARITABLE DONATION
1. GENERAL PROVISIONS
1.1. This Public Offer for the provision of a charitable donation(hereinafter referred to as the “Offer”), in accordance with Article 641 of theCivil Code of Ukraine, is a proposal from the CHARITABLE ORGANIZATIONCHARITABLE FOUNDATION “STERNENKO COMMUNITY”, legal entity identification code45778792, (hereinafter referred to as the “Foundation”), represented by theExecutive Director of the Foundation, Skarlat Oleksandr Yuriyovych, acting onthe basis of the Statute, to an indefinite number of legally capableindividuals and legal entities under private law who voluntarily engage incharitable activities (hereinafter, each such person or entity is referred toas the “Donor”), to conclude an agreement regarding the charitable donation(hereinafter referred to as the “Agreement”) on the terms described in thisOffer with each Donor who applies.
1.2. This Offer shall come into force upon its publication on the Fund'swebsite at: https://www.sternenkofund.org/ (hereinafter referred to as the “Website”). This Offer is open-endedand may be changed or withdrawn by the Foundation at any time (prior to itsacceptance by the Donor) by posting the relevant information on the Website.
1.3. The Foundation may enter into agreements for the provision ofcharitable donations in a different manner and/or on terms other than thoseprovided for in this Offer. The Donor may separately apply to the Foundation toconclude such Agreement.
2. SUBJECT OF THE OFFER
2.1. The subject of this Offer is the free and voluntary transfer offunds by the Donor to the Foundation by making a charitable donation for theexecution of the Foundation’s statutory activities. The Donor independentlydetermines the amount of the charitable donation. The Foundation independentlydetermines the usage of the charitable donation within the framework of its ownstatutory activities, unless otherwise specified by the Donor in the mannerspecified in this Offer. The subject of this Offer is not the direct orindirect receipt of profit by any of the Parties to the Offer.
2.2. The transfer of funds by the Donor under this Offer shall berecognized as a charitable donation in accordance with Article 6 of the Law ofUkraine “On Charitable Activities and Charitable Organizations.”
3. ACTIVITIES OF THE FOUNDATION
3.1. The Foundation carries out charitable activities in accordance withits Statute, particularly in the field of enhancing the country's defensecapabilities and mobilization readiness in connection with the militaryaggression of the Russian Federation.
3.2. The activities of the Foundation are not aimed at making a profit.
3.3. Information about the Foundation’s activities and reports on theresults of such activities are posted on the Website.
4. MAKING A DONATION
4.1. The Donor independently determines the amount of charitabledonation.
4.2. Charitable donations are voluntary and are not subject to refund tothe Donor.
4.3. In accordance with this Offer, charitable donations are provided byDonors and used by the Foundation to conduct and ensure charitable activities(implementation of vision, goals of charitable activities and charitableprograms) of the Foundation in accordance with its Statute and legislation ofUkraine. The Donor agrees with such intended use of their donation.
4.4. Methods of making charitable donations:
● the Foundation’s bankaccounts opened with banking institutions;
● payment instruments andservices, including, but not limited to, monobank (collection “jars”,Monobaza), the “Konvert” service of JSC PrivatBank, and other payment methods;
● transfer of funds to the Foundation’sofficial bank details, published on the Foundation’s website, on its officialsocial media pages, and other open sources;
● other payment systems and financialinstruments that are not prohibited by Ukrainian law.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Foundation undertakes to use the funds of the Donor'scharitable donation in strict accordance with the legislation of Ukraine andonly within the framework of its statutory activities.
5.2. The Foundation has the right to independently determine how thedonation will be used in accordance with its statutory activities and thelegislation of Ukraine, except in cases where the Donor has specified aspecific purpose for their donation in a separate agreement with theFoundation. Thus, if a separate agreement has not been made with the Donor, itis considered that the donation has been made for the Foundation to carry outits statutory activities.
By making a charitable donation to a specific charitable project, theDonor agrees to the redistribution/use of the Charitable Donation in othercharitable projects of the Foundation in accordance with the purposes of theFoundation's statutory activities.
5.3. The Donor has the right to receive information about the use oftheir charitable donation.
The Foundation reports on the use of charitable donations received fordifferent periods and through different channels to ensure transparency andcontrol by donors, the public, and government authorities.
Forms and frequency of reporting:
a) Daily reporting on funds spent: The finance manager providesinformation to the reporting manager who publishes a daily report on theFoundation's social media accounts;
b) Daily reporting on aid transferred: The person responsible for aidtransferred provides information to the reporting manager who publishes it onthe Foundation's official website and social media;
c) Annual reporting: A summary report on all funds and property receivedand used are posted on the Foundation's official website and social mediaaccounts;
d) Monthly reporting: Publication of the overall results of fundraising andexpenditures for the month on the Foundation's website; and
e) Reports to specific donors: In the event of a separate donationagreement, the Foundation provides reports to a specific donor in the form andwithin the time limits specified in a separate agreement.
Upon written request from the Donor, the Foundation may also confirm theintended use of the charitable donation with additional documents. Access toreports on the use of charitable donations is provided by the Foundation in themanner and within the time limits provided for by the current legislation ofUkraine and this Offer.
5.4. By making a charitable donation, the Donor unconditionally affirms:
(i) Their legal capacity,
(ii) The voluntary nature of the transaction,
(iii) That the subject of the charitable donation is not prohibited,seized, pledged, encumbered by any other rights of third parties, or acquiredin violation of the provisions of the Law of Ukraine “On Prevention andCounteraction to Legalization (Laundering) of Criminal Proceeds, TerroristFinancing and Financing of Proliferation of Weapons of Mass Destruction”. Ifthe Foundation has reasonable doubts about these statements, the Foundation hasthe right to request, and the Donor undertakes to provide, relevant evidenceconfirming these statements.
5.5. Acceptance of charitable assistance does not imply the Foundation’sapproval of the Donor's activities, policies, public position, or previousactions, nor does it create a partnership, representation, or joint activitybetween the parties, unless otherwise expressly provided for in a separateagreement.
5.6. A Donor or benefactor who has been reasonably accused of corruptioncannot expect protection or leniency from the Foundation.
6. ACCEPTANCE
6.1. Acceptance means full and unconditional acceptance of the Offer byperforming actions to transfer funds to the relevant accounts or paymentinstruments of the Foundation.
The moment of Acceptance is the date of the money transfer and/orcrediting of funds to the Foundation’s bank account.
6.2. Acceptance of the Offer means that the Donor agrees with all itsprovisions and fully understands and agrees with the subject matter of theOffer, for the purpose of publicly collecting donations.
6.3. The Donor and the Foundation, guided by Articles 639, 641, and 642of the Civil Code of Ukraine, agree that from the moment of Acceptance, theAgreement is considered concluded. At the same time, the Parties agree that failureto observe the written form of the transaction by the parties does not entailits invalidity.
6.4. The Foundation processes the Donor's personal data provided whenvisiting the Website and/or making a money transfer (hereinafter referred to asPersonal Data) for the purpose of proper implementation of this Offer and itsstatutory activities.
7. FINAL PROVISIONS
7.1. The provisions of the current legislation of Ukraine shall apply tothe relations between the Donor and the Foundation.
7.2. The Foundation’s liability for violation of this Offer or theprocedure for using charitable donations shall arise on the grounds, in theamount, and in the manner determined by the requirements of the currentlegislation of Ukraine.
7.3. In the event of disputes between the parties of this Offer, theyshall be resolved through negotiations. If it is impossible to resolve disputesthrough negotiations, disputes shall be considered by courts in accordance withthe procedure established by the current legislation of Ukraine.
8. CONTACT INFORMATION
Name of CHARITABLE ORGANIZATION CHARITABLEFOUNDATION “STERNENKO COMMUNITY”
Email -appeal@sternenkofund.org
