This Charitable Donation Agreement for donations for charitable purposes (hereinafter referred to as the Offer) is aimed at an indefinite number of individuals (hereinafter referred to as the Donor) who are visitors to the official website of the Charitable Organization “Ideological Guard Dnipro” (hereinafter referred to as the Organization) on the Internet at https://www. ideynavarta-dnipro.org (hereinafter referred to as the “Site”) and wish to make a charitable donation within the meaning of this public offer (hereinafter referred to as the Charitable Donation Agreement), are collectively referred to as the “Parties” and each individually as a “Party”.
The text of the Offer is an official proposal of the Charitable Organization “Ideological Guard Dnipro”, represented by the chairman of the foundation Serhii Diachenko, acting based on the Charter, to enter into a charitable donation agreement (hereinafter – the “Agreement”), the essence of which is set out below.
1. Definitions and concepts
1.1. A Public Offer is a valid offer of the Organization posted on the Website to make a charitable donation addressed to an unlimited number of persons, including the Donor.
1.2. Acceptance is the full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using the payment forms and means posted on the Site, as well as by transferring funds to the Organization’s current account through bank institutions. The moment of Acceptance is the date of crediting funds to the bank account of the Organization.
1.3. Charitable Donation is a free-of-charge transfer of funds by the Donor to the Organization to achieve certain, previously agreed upon goals of the Organization in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
2. Subject of the agreement
2.1. The subject matter of this Agreement is a free and voluntary transfer of funds from the Donor to the Organization by making voluntary donations for the implementation of the statutory goals and activities of the Organization, as well as for the provision of charitable assistance by the Organization in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Foundation’s programs.
2.2. The amount and size of charitable donations shall be determined by the Donor at its sole discretion.
2.3 The fulfillment of the terms of the Offer by the parties is not intended to generate profit or any benefits for either party.
2.4. The Parties confirm that the Parties’ profit (directly or indirectly) is not the subject of the Offer.
2.5. Acceptance of this Public Offer by the Benefactor shall be made by making a Charitable Donation.
3. Acceptance of the Offer
3.1. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Donor agrees with all its provisions, is fully aware of and agrees with the subject matter of the Agreement, with the purpose and objectives of public charitable donations and with the right of the Organization to use part of the Donor’s charitable donation for the administrative expenses of the Organization, in the amount not exceeding the amount provided for by the legislation of Ukraine.
3.2. The Donor 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 of the Offer the Charitable Donation Agreement is considered concluded.
3.3. The Parties agree that the failure of the Parties to comply with the written form of the Charitable Donation Agreement shall not mean its invalidity.
4. Rights and obligations of the Organization
4.1 The Organization has the right to:
4.1.1. Receive Charitable Donations and use them in accordance with the terms of the Offer and the Charitable Donation Agreement.
4.1.2. To change the directions of use of the charitable donation within the framework of the Statutory activities of the Organization.
4.1.3. To use a part of the Charitable Donation for the administrative expenses of the Organization, without the consent of the Donor, in the amount not exceeding the amount provided for by the legislation of Ukraine.
4.2 The Organization is obliged to:
4.2.1. Create the conditions necessary for the Donor to make a Charitable Donation in accordance with the terms of the Offer.
4.2.2. Use the received charitable donations to achieve the goals set forth in the Charter of the Organization.
4.2.3. To keep confidential information (including personal data) received from the Donor, not to transfer it to third parties without the consent of the Donor, except as provided for by the Offer and the current legislation of Ukraine.
5. The rights and obligations of the donor
5.1. The Donor has the right to:
5.1.1. Transfer a voluntary charitable donation to the Organization’s account in the manner specified in the Agreement.
5.1.2. Apply to the Organization to receive a report on the use of charitable donations by the Organization.
5.2. The Donor is obliged to:
5.2.1. Read in detail and carefully all the terms and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules governing the relations of the Parties under the Offer.
6. Place and terms of receiving charitable donations
6.1. The public collection of donations is carried out in any country of the world in the manner prescribed by Article 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”. The Organization’s direct activities related to the public solicitation of donations under the Agreement shall be carried out at the location of the Organization.
6.2. The public solicitation of donations shall continue until the liquidation of the Organization unless another period is determined by the Organization.
7. The procedure for making a charitable donation.
7.1. The Organization provides the Donor with the opportunity to pay the Charitable Donation by electronic payment on the Website, by transferring funds to the Organization’s bank account (through the LiqPay payment service or by money transfer through the SWIFT system). The Benefactor chooses the payment format at his/her own discretion: one-time or regular (with the possibility to cancel regular payments at any time).
7.2. The payment is recognized as made by the Benefactor at the moment of confirmation of a successful transaction by the bank or payment system. All expenses related to the transfer of the donation shall be borne by the Donor.
7.3. The charitable donation paid by the Donor is non-refundable under any circumstances.
8. The procedure for using charitable donations
8.1. The Charitable Donations collected under the Agreement shall be used in accordance with the purposes of the Organization’s statutory activities. The Organization shall dispose of the Charitable Donations at its sole discretion. Charitable Donations received by the Organization shall not be refunded. The Parties’ liability for violation of the terms of this Agreement or the procedure for using Charitable Donations is provided for by the requirements of the current legislation of Ukraine.
8.2. The Donor or persons authorized by the Donor shall have the right to control the intended use of the Charitable Donation.
8.3. Procedure for general access to the Organization’s financial statements:
Access to the Organization’s reports is provided by contacting the Organization at the e-mail address [email protected], which is indicated on the website https://ideynavarta-dnipro.org/. Other information is provided by the Organization in the manner and within the terms provided for by the legislation of Ukraine.
9. Responsibility of the Parties
9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Organization shall not be liable in case of actions/inactions of third parties, as a result of which the Organization could not fulfill its obligations under the Offer.
10. Confidentiality and protection of personal data
10.1. By making the Acceptance, the Donor confirms that he/she is familiarized with and agrees to the collection and processing of personal data.
10.2. The Organization collects and processes the Donor’s personal data in order to fulfill its obligations under the Offer and in accordance with the Law of Ukraine “On Personal Data Protection”.
10.3. The Donor agrees that after entering information about himself/herself when making a Charitable Donation, and subscribing to the Organization’s news on the Website, he/she may receive reports on the results of public meetings and the use of charitable donations by the Organization, letters and messages, including advertising.
10.4. The Organization undertakes not to disclose the e-mail address and other information about the donors to third parties, except as provided by the current legislation of Ukraine.
10.5. The Organization shall not be liable for the disclosure of personal data that occurred as a result of illegal actions of third parties or if such disclosure occurred with the consent of the Donor.
11. The validity period of the Offer. Procedure for making changes and additions
11.1. The Public Offer comes into force from the moment it is posted on the Website and is valid until the liquidation of the Organization unless another term is determined by the Organization. The provisions of this clause shall also apply to additions (changes) to the Offer.
11.2. The Organization has the right to change the terms of the Public Offer without the consent of the Benefactor. The Organization reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new version of the Offer on the Website.
11.3. The Benefactor is obliged to independently monitor changes in the terms of the Offer by familiarizing himself/herself with the current new (current) version of the Website.
12. Dispute resolution procedure
12.1. Disputes and disputes arising from the performance of the Charitable Donation Agreement concluded on the terms of the Offer shall be resolved through negotiations in writing.
12.2. The claim shall be submitted to the Party in writing by sending a registered letter with acknowledgment of receipt within a period not exceeding ten (10) calendar days from the date of occurrence of the remarks that are the basis for the dispute or dispute. The claim shall be considered within 10 (ten) calendar days calculated from the date of its delivery to the Party to which it is addressed.
12.3. If the Parties fail to reach an agreement during the negotiations in writing, the dispute shall be considered in the manner prescribed by the current legislation of Ukraine.
12.4. On all other issues not provided for in this Offer, the Parties shall be governed by the current legislation of Ukraine.
13. Force majeure
13.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the terms of the Offer if the said non-performance is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and hostilities, strike(s), sabotage, accident, mass disorder and riots, quarantine restrictions, acts of public authorities or administration, international sanctions, etc, that directly affect the performance of the Agreement and arose after its conclusion. In this case, the term for fulfillment of obligations under such Agreement shall be extended for the duration of the said circumstances and their consequences.
13.2. A Party that is unable to fulfill its obligations under the Agreement as a result of force majeure circumstances and their consequences shall notify the other Party in writing within 15 days of the beginning or end of such circumstances, as well as provide documentary evidence of their occurrence and existence.
13.3 Failure to notify or untimely notification of force majeure circumstances shall deprive the relevant Party of the right to refer to these circumstances as exempt from liability. The Organization may be notified of the occurrence of force majeure circumstances, inter alia, by posting relevant information on the Website.
13.4. The existence and duration of force majeure shall be confirmed by certificates issued by the authorized state authorities of Ukraine.
14. Information about the Organization
Charitable organization “Charitable Foundation “Ideological Guard Dnipro”
42, Semaphorna St., apartment 5, tel. +38 056 736 02 50, Dnipro, 49124
USREOU code 44814593