PUBLIC OFFER AGREEMENT
This public offer for the provision of funds and other property (hereinafter referred to as the Offer) is a charitable contribution of individuals and legal entities (hereinafter referred to as the Benefactor) is aimed at an indefinite number of people and is a public offer of a NON-GOVERNMENTAL ORGANIZATION "ECONOMIC SECURITY COUNCIL OF UKRAINE,” represented by Secretary of the Organization Vibranovsky Roman Bogdanovich (hereinafter referred to as the Organization), to conclude an agreement on the provision of a charitable contribution under the following conditions:
1. General provisions
1.1. Contractual relations between the Benefactor and the Organization are drawn up in a Public offer Agreement. Clicking on a page website “https://reb.org.ua” in the corresponding section of the button “DONATE” means that the Benefactor, regardless of the legal status (physical or legal persons), has accepted the terms of the Public Offer Agreement (acceptance), which are indicated below, in accordance with the current legislation.
1.2. This Agreement is public; according to Article 641 of the Civil Code of Ukraine, its terms are the same for all Benefactors.
1.3. This Agreement comes into force from the moment of click on the button “DONATE,” through which the Benefactor agrees to make a charitable contribution.
1.4. For regulating contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent to be bound by which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the provisions of the international treaty shall apply.
2. Terms and definitions used in the Agreement
2.1. Terms and definitions:
“Public Offer agreement” – a public agreement, a sample of which is posted on a website “https://reb.org.ua” which contains a proposal of the Organization regarding the implementation of a charitable contribution, sent to an indefinite circle of persons.
“Acceptance” means acceptance by the Benefactor of the Organization's offer to make a charitable contribution by paying it to its corporate transactional account.
“Charitable contribution” – a unilateral expression of will by a Benefactor in the form of transfer of funds by the Benefactor to the ownership of the Organization for subsequent use to achieve the Organization's statutory goals stipulated in the Organization's Charter, without the Organization's obligation to commit to the benefit of the Benefactor, or third parties, any actions (works, services, etc.) or transfer to the Benefactor any items (goods, material values, etc.).
“Benefactor” – any legally capable physical or legal person, according to the current Ukrainian legislation, who has visited the website "https://reb.org.ua" and intends to make a charitable contribution.
“Organization” – A NON-GOVERNMENTAL ORGANIZATION “ECONOMIC SECURITY COUNCIL OF UKRAINE,” registered and operating in accordance with the Constitution of Ukraine, The Law of Ukraine "On Civic Associations" and other legislative acts. Moreover, the Organization collects charitable contributions through the website "https://reb.org.ua.”
“Legislation” is the norms established by Ukrainian or international legislation to regulate contractual legal relations under the Agreement.
3. Subject of the agreement
3.1. The subject of this Agreement is a gratuitous and voluntary transfer of funds by the Benefactor to the Organization's ownership by a charitable contribution to the Organization's corporate transactional account to ensure the Organization's statutory activities.
4. Rights and obligations of the organization
4.1. The Organization must:
comply with the terms of this agreement;
use the funds paid by the Benefactor exclusively to fulfill the Statutory purpose of the organization and the terms of this Agreement;
5. Rights and obligations of the benefactor
5.1. The Benefactor must:
Familiarize oneself with the terms of this Agreement.
5.2. The benefactor has the right to:
Execute control over the Organization's use of the charitable contribution in accordance with the Organization's Charter.
6. Timeframe for fundraising
6.1. The public fundraising continues until the termination of the Organization's activities (through reorganization or liquidation) unless the Organization's decision determines another term. The Benefactor will be notified by posting relevant information on the website “https://reb.org.ua.”
7. Payment procedure, use of the charitable contribution, and estimated amount
7.1. The use of a charitable contribution is carried out in accordance with the purposes defined by the Charter of the Organization, the Law of Ukraine “On Civic Associations,” and other legislative acts of Ukraine.
7.2. The Benefactor can pay the Charitable contribution in the following ways:
1) by a bank transfer of money to the Organization's corporate transactional account specified in the invoice, including via Internet banking.
2) by the credit card of the following type :
- - Visa
- - Visa Electron
- - Mastercard
- - Mastercard Electronic
- - Maestro
3) through the Liqpay service.
4) in any other way by agreement with the Organization.
8. Liability of the parties and dispute resolution
8.1. the Organization shall be responsible for violating the terms of this Agreement and using charitable contributions contrary to the procedure established by this Agreement, in accordance with the current legislation of Ukraine.
8.2. All disputes arising between the Parties shall be resolved through negotiations. In case of failure to settle the dispute, the parties may apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation.
9. Other conditions
9.1. The agreement is concluded in accordance with the legislation of Ukraine. All the issues not explicitly governed by this Agreement shall be resolved in accordance with the Ukrainian legislation.
9.2. The invalidity of any provision or part of this Agreement does not invalidate the agreement as a whole.
9.3. The Organization has the right to make changes to the text of this agreement at its sole discretion at any time and without prior notice of the Benefactors. The relevant (effective) version of the agreement is always available on the website.
9.4.After accepting the Agreement or registering on the website “https://reb.org.ua” (filling out the registration form), the Benefactor voluntarily consents to the acquisition and processing of their data.
9.5.For the purposes of this Agreement, the Organization has the right to send letters, messages, and materials to the postal address e-mail of the Benefactor, send SMS messages, and make calls to the phone number specified in the registration form.
9.6. The Benefactor grants the right to process their data, including placing personal data in databases (without further notice), storing data for life, accumulating it, updating it, or changing it (if necessary). The organization undertakes to ensure data protection from unauthorized access by third parties, not to distribute or transfer data to any third party (except in cases provided for by law, including at the request of competent state authority, court decisions, etc.).
9.7. Being unwilling to receive the mailout, the Benefactor has the right to apply to the Organization by writing an application for refusal to receive news materials and sending it to the postal or email address of the Organization.
9.8. The Benefactor agrees that in case of non-implementation of the project or availability of surplus money after the project, the charitable contribution is non-refundable and can be used to finance the other projects of the Organization.