CONTRACT-OFFER
This Public Offer for charitable donations (hereinafter - the Offer) is aimed at an undefined circle of persons who are
visitors to the official website of the CHARITY ORGANIZATION "INTERNATIONAL CHARITABLE FOUNDATION "UKRAINIAN HEROES"
(hereinafter - the "Organization") on the Internet at the link https:/ /www.ukrainianheroes.net/ (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), collectively referred to in the text of the Offer as the "Parties", and each
individually as a "Party".
The text of the Offer is an official proposal of the CHARITY ORGANIZATION "INTERNATIONAL CHARITABLE FOUNDATION
"UKRAINIAN HEROES", in the person of director Nabiulin Rustam Kamilovych, acting on the basis of the Statute, to enter
into an agreement on a charitable donation (hereinafter - the "Agreement"), the essence of which is set out below.
1. Definitions and concepts
1.1. 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.
1.2. Acceptance - 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 the funds to the Organization's bank
account.
1.3. A benefactor is an able-bodied individual or legal entity (including a charitable organization) who voluntarily
carries out one or more types of charitable activities and has accepted this Offer.
1.4. Charitable assistance is a free transfer of funds by the Benefactor into the ownership of the Organization for
further use and achievement of the Organization's goals, defined by the Charter, charitable programs and decisions of
the Organization's management body in accordance with the Law of Ukraine "On Charitable Activities and Charitable
Organizations".
1.5. Charitable donation - the amount of charitable assistance that constitutes a donation that the Benefactor provides
to the Organization for carrying out charitable activities.
2. Subject of the contract
2.1. The subject of this agreement is the free and voluntary transfer of funds from the Benefactor to the Organization,
by making voluntary donations for the implementation of the Organization's statutory goals and activities, as well as
for the Organization's provision of charitable assistance in accordance with the Law of Ukraine "On Charitable
Activities and Charitable Organizations", the Foundation's programs.
2.2. The volume and amount of charitable donations is determined by the Benefactor at his own discretion.
2.3. The fulfillment of the terms of the Offer by the parties is not intended to obtain profit or any benefits for any
of the parties.
2.4. The Parties confirm that profit-making (directly or indirectly) by the Parties is not the subject of the Offer.
2.5. The Benefactor's acceptance of this Public Offer is carried out by paying the Charitable Donation.
3. Acceptance of the Offer
3.1. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Benefactor agrees with all its
provisions, he is familiar with the Charter of the Organization, which is posted in electronic form on the Website of
the Organization, he is fully aware of and agrees with the subject of the Agreement, with the purpose and goals of the
public collection of charitable donations and with the right of the Organization to use a part of the Benefactor's
Charitable Donation for the Organization's administrative expenses, in an amount not greater than that provided for by
the legislation of Ukraine.
3.2. Benefactor and the Organization, guided by Art. 207, Part 2 of Art. 639, Art. 641, Art. 642 of the Civil Code of
Ukraine, agree that from the moment of Acceptance of the Offer, the Charity Donation Agreement is considered concluded.
3.3. The Parties agree that non-compliance by the Parties with the written form of the Charitable Donation Agreement
does 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 directions of use of a charitable donation within the scope of the Organization's statutory activities.
4.1.3. To use a part of the Benefactor's donation for administrative expenses of the Organization, without the consent
of the Benefactor, in an amount not greater than that provided for by the legislation of Ukraine.
4.2. The organization is obliged to:
4.2.1. Create the necessary conditions for the Benefactor to make a Charitable Donation in accordance with the terms of
the Offer.
4.2.2. To use the received charitable donations to achieve the goals stipulated by the Organization's Charter.
4.2.3. To keep confidential information (including personal data) received from the Benefactor, not to transfer it to
third parties without the consent of the Benefactor, except for cases established by the Offer and the current
legislation of Ukraine.
5. Rights and obligations of the Benefactor.
5.1. The benefactor has the right:
5.1.1. Transfer the voluntary charitable donation to the account of the Organization in the manner specified in the
Agreement.
5.1.2. Contact the Organization to receive a report on the Organization's use of charitable donations.
5.2. The benefactor is obliged to:
5.2.1. Thoroughly and carefully familiarize yourself with all the rules and conditions of the Offer and accept them when
making the payment of a charitable donation, as well as all additional rules regulating the relations of the Parties in
accordance with the Offer.
6. Place and terms of receipt of charitable donations
6.1. 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 activity of the Organization related to the public collection of donations under the Agreement is carried out at
the location of the Organization.
6.2. The public collection of donations continues until the moment of liquidation of the Organization, unless another
term is determined by the Organization.
7. The procedure for making a charitable donation.
7.1. The Organization provides the Benefactor with the opportunity to pay the Charitable Donation by electronic payment
on the Site, by transferring funds to the Organization's bank account (via the LiqPay payment service and other
services). The benefactor chooses the payment format at his own choice: one-time or regular (with the possibility to
cancel regular payments at any time). Funds can be redistributed or used in other projects (for example, the collection
is closed or not relevant).
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 are borne by the Benefactor.
7.3. The charitable donation paid by the Benefactor is non-refundable under any circumstances.
8. Procedure for using charitable donations:
8.1. Charitable donations collected under the Agreement are used in accordance with the goals of the Organization's
statutory activity. The organization disposes of Charitable donations at its own discretion. Charitable donations
received by the Organization are non-refundable. The responsibility of the parties for violation of the terms of this
Agreement or the procedure for the use of Charitable Donations is provided for by the requirements of the current
legislation of Ukraine.
8.2. The benefactor or persons authorized by him have the right to control the intended use of the Charitable Donation.
8.3. The procedure for general access to the financial reports of the Organization:
Access to the Organization's reports is carried out by contacting the Organization by e-mail:
[email protected],
or through the contacts indicated on the website https://www.ukrainianheroes.net/. Other information is presented by the
Organization in the manner and within the time limits stipulated by the legislation of Ukraine.
9. Liability of the Parties
9.1. 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.
9.2. The Organization is not responsible for the actions/inactions of third parties, as a result of which the
Organization was unable to fulfill its obligations under the Offer.
10. Confidentiality and protection of personal data
10.1. The benefactor, by executing the Acceptance, confirms that he is familiar with and consents to the collection and
processing of personal data.
10.2. The organization collects and processes the Benefactor's personal data in order to fulfill its obligations in
accordance with the Offer and in accordance with the Law of Ukraine "On the Protection of Personal Data".
10.3. The Benefactor agrees that after providing information about himself during the Charitable Donation, he may be
sent reports on the results of public meetings and the use of charitable donations by the Organization, letters and
messages, including those of an advertising nature.
10.4. The organization undertakes not to transfer the e-mail address and other information about benefactors to third
parties, except in the cases stipulated by the current legislation of Ukraine.
10.5. The organization is not responsible for disclosure of personal data that occurred as a result of illegal actions
of third parties or in the event that such disclosure occurred with the Benefactor's consent.
11. Validity of the Offer. The procedure for introducing changes and additions
11.1. The public offer becomes effective from the moment of its posting on the Site and is valid until the moment of
liquidation of the Organization, unless another term is determined by the Organization. The provisions of this clause
also apply to additions (changes) to the Offer.
11.2. The organization has the right to change the conditions 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 Site.
11.3. 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.
12. Dispute resolution procedure
12.1. Disputes and controversies that arise during the execution of the Charity Donation Agreement concluded on the
terms of the Offer are resolved through negotiations in writing.
12.2. 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.
12.3. If the Parties are unable to reach an agreement during negotiations in writing, the dispute that has arisen shall
be considered in accordance with the procedure provided for by the current legislation of Ukraine.
12.4. On all other issues not provided for in this Offer, the Parties are governed by the current legislation of
Ukraine.
13. Force majeure
13.1. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under the
terms of the Offer, if the specified non-fulfillment is the result of force majeure circumstances and their
consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and military operations,
strike (s), sabotage, accident, mass disorder and unrest, quarantine restrictions, acts of state authorities or
management, international sanctions, etc., which directly affect the performance of the Agreement and arose after its
conclusion. At the same time, the term of performance of obligations under this Agreement is extended for the duration
of the specified circumstances and their consequences.
13.2. The Party that is unable to fulfill its obligations under the Agreement as a result of force majeure circumstances
and their consequences, is obliged to notify the other Party in writing within 15 days of the beginning or end of these
circumstances, as well as to provide documentary evidence of them occurrence and availability.
13.3. Failure to notify or untimely notification of circumstances of force majeure deprives the relevant Party of the
right to refer to the specified circumstances as exempting from responsibility. Notification of the Organization about
the occurrence of force majeure is possible, among others, by placing the relevant information on the Site.
13.4. The existence and duration of force majeure circumstances are confirmed by certificates issued by the authorized
bodies of the state authorities of Ukraine.
14. Information about the Organization:
INTERNATIONAL CHARITY FUND UKRAINIAN HEROES
Location: 08133, Kyiv region, Buchansky district,
Vyshneve city, str. Svyatoyuriivska,
building 20, room 208,
tel. 38 063 225 37 77, e-mail:
[email protected]
EDRPOU code 45062230
IBAN: UA373133990000026008030204718
Bank: ZAPORIZKE RU JSC CB "PRIVATBANK"
Redaction of the Offer from January 2, 2023
Published on the Site from 02.01.2023