Public offer

on providing a voluntary charitable donation (free transfer of property, funds) for general (charitable) purposes)

This offer is addressed to an unspecified number of individuals and legal entities (hereinafter referred to as the "Donor") - visitors to the website of the Public Organization "Fund for Aid to the Defenders of Ukraine VIVAKOT", on the Internet: https://www.vivakot.org/ (hereinafter - the Site), and is an official and public proposal of the Public Organization "Fund for Aid to the Defenders of Ukraine VIVAKOT", NGO tax ID is 44767439 (hereinafter referred to as the Fund), in the person of the Chairman of the Foundation Kostyantyn Anatoliyovych Kravets, acting on the basis of the Statute, to enter into an agreement on a charitable donation (hereinafter referred to as the Agreement), the subject and essential conditions of which are indicated below:

1. Terms and definitions:

Public Offer - a valid offer of the Foundation, posted on the Site, to provide a charitable donation, addressed to an unlimited number of persons, including the Donor.

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 Fund's current account through bank institutions. The moment of Acceptance is the date of money transfer and/or crediting of funds to the Fund's bank account.

Charitable donation – voluntary monetary transfer by the Donor for the achievement and implementation of the Organization's goals, objectives, directions and types of statutory activity in accordance with the Agreement, the Organization's Statute and the Law of Ukraine "On Charitable Activities and Charitable Organizations".

2. Subject of the contract:

The subject of this agreement is the Donor's free transfer of funds into the ownership of the Fund by making voluntary donations for the implementation of the Fund's statutory activities.

The charitable donation is voluntary and is not subject to further return to the Donor. The donor independently determines the size of the charitable donation. If desired, the Donor can indicate the intended purpose of the charitable donation, choosing among the programs (projects), goals announced by the Foundation.

3. Ways of making a charitable donation:

  • one-time payment;
  • a subscription that involves monthly payments in an arbitrary amount.
  • The specified subscription can be canceled at any time through the services of the user's bank (for example, Privat24).

    4. Acceptance of the Offer means that the Donor agrees with all its provisions and is fully aware of and agrees with the subject of the Agreement, for the purpose of public collection of donations and with the right of the Foundation to use a part of the Donor's charitable donation for the administrative expenses of the Organization, in an amount not greater than that stipulated legislation of Ukraine. 5. The Donor and the Fund, 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, the Agreement is considered concluded in writing. At the same time, the Parties agree that the parties' failure to comply with the written form of the transaction does not mean its invalidity.

    6. Rights and obligations of the Fund:

    6.1. The fund has the right to:

  • receive charitable donations and use them to achieve the Foundation's goals, tasks, directions and types of statutory activity in accordance with the Agreement, the Foundation's Statute and the Law of Ukraine "On Charitable Activities and Charitable Organizations";
  • without the consent of the Donor, to change the direction of the use of the donation within the framework of the Foundation's statutory activities;
  • without the consent of the Donor, to use a part of the Charitable donation for administrative expenses of the Fund, in an amount not greater than that provided for by the legislation of Ukraine.
  • 6.2. The fund is obliged to:

  • use the received charitable donations in accordance with the subject and conditions of this Agreement, the Foundation's Statute and the Law of Ukraine "On Charitable Activities and Charitable Organizations";
  • to report on the use of charitable donations in the manner determined by this Agreement and the current legislation of Ukraine.
  • 7. The donor has the right to control the intended use of the charitable donation.

    8. Place of public fundraising:

    The public collection of charitable donations is carried out on the territory of any country in the world. The direct activity of the Foundation, related to the public collection of donations under the Agreement, is carried out at the location of the Foundation.

    9. Deadline for fundraising:

    The public collection of charitable donations continues until the moment of liquidation of the Fund, unless another term is determined by the Fund.

    10. Purpose of collection and procedure for using charitable donations:

    The Fund collects funds to help the Defenders of Ukraine by financing various types of assistance to the military in order to save lives and ensure the protection of the territory of Ukraine, as well as further reconstruction of the state's infrastructure, in addition to carrying out various humanitarian initiatives for the civilian population of Ukraine. Charitable donations collected under the Agreement are used by purchasing and supplying various types of humanitarian aid directly to people or organizations affected by the war in Ukraine, as well as purchasing ammunition and other equipment for defenders of Ukraine.

    11. General order access to the Fund's financial reports:

    Access to reports on the use of the Foundation's charitable donations is granted to the Donor upon his written request. Other information is provided by the Fund in the manner and within the time limits stipulated by the current legislation of Ukraine. The Foundation may publish reports on the use of charitable donations on the Site.

    12. All expenses for the payment of sums (commissions) related to the transfer and crediting of charitable donations shall be borne by the Donor.

    13. The donor is responsible for the accuracy of the information provided by him when transferring a voluntary charitable donation.

    14. In order to comply with the Law of Ukraine "On the Protection of Personal Data" and to fulfill the terms of the Agreement, the Donor consents to the processing of personal data. The Foundation undertakes not to transfer the e-mail address and other information about the Donors to third parties, with the exception of cases stipulated by the current legislation of Ukraine.

    15. Acceptance also means that the Donor - a natural person is informed and agrees with the following:

  • The donor gives the Foundation unconditional consent to the processing of his/her personal data provided when visiting the Site and/or making a money transfer (hereinafter - personal data), and is notified of the inclusion of such information in the Foundation's personal data base and of all rights regarding protection of his/her personal data, provided for by the current legislation of Ukraine, namely Art. 8 of the Law of Ukraine "On Personal Data Protection";
  • The Fund processes personal data in any way for the purpose of proper implementation of this Agreement and its statutory activities.
  • 16. The provisions of Ukrainian legislation apply to the relationship between the Donor and the Fund.