Public offer for making donations for charitable purposes
This Public Offer for Charitable Donations (hereinafter referred to as the "Offer") is intended for an indeterminate group of individuals (hereinafter referred to as the "Donor"), who are visitors to the official website of the Charitable Organization "Ukrainian Vector Charity Fund" (hereinafter referred to as the "Organization") accessible at https://ukrainian-vector.com.ua/ (hereinafter referred to as the "Website") and who wish to make a charitable donation as understood by this public offer (hereinafter referred to as the "Charitable Donation Agreement"). Together, according to the text of the Offer, they are referred to as the "Parties", and individually as a "Party".
The text of the Offer is the official proposal of the Organization, represented by the director Mykola Fedorchenko Andriyovych, acting on the basis of the Statute, to enter into a charitable donation agreement (hereinafter referred to as the "Agreement"), the essence of which is laid out below.
1.2. Acceptance – the full and unconditional acceptance of the Public Offer by carrying out actions for making a monetary transfer using payment forms and tools provided on the Website, as well as by transferring money to the Organization’s bank account through banking institutions. The moment of Acceptance is the date the funds are credited to the Organization's bank account.
1.3. Charitable Donation – the gratuitous transfer by the Donor of assets into the ownership of the Organization to achieve specific, predetermined objectives of activity, 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 of this agreement is the gratuitous and voluntary transfer of monetary funds from the Donor to the Organization, by making voluntary donations for the realization of the Organization's statutory goals and activities, as well as the provision of charitable assistance by the Organization in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations" and the Fund's programs.
2.2. The volume and size of the charitable donations are determined independently by the Donor at their own discretion.
2.3. The fulfillment of the terms of the Offer by the parties is not aimed at generating profit or any benefits for any of the parties.
2.4. The parties confirm that obtaining profit (directly or indirectly) by the parties is not the subject of the Offer.
2.5. The acceptance by the Donor of this Public Offer is made by the payment of the 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 acquainted with the Statute of the Organization, which is posted electronically on the Website of the Organization, fully understands and agrees with the subject of the Agreement, the purpose and objectives of the public collection of charitable donations, and with the right of the Organization to use a portion of the Donor's Charitable Donation for the Organization's administrative expenses, in an amount not greater than provided by the law of Ukraine.
3.2. Guided by Art. 207, part 2 of Art. 639, Arts. 641, 642 of the Civil Code of Ukraine, the Donor and the Organization agree that from the moment of Acceptance of the Offer, the Charitable Donation Agreement is considered concluded.
3.3. The parties agree that the non-compliance with the written form of the Charitable Donation Agreement by the parties does not invalidate it.
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. Change the directions of the use of the charitable donation within the scope of the Organization's statutory activities.
4.1.3. Use a portion of the Charitable Donation for the administrative expenses of the Organization, without the agreement of the Donor, in an amount not greater than that provided by the legislation of Ukraine.
4.1.4. Change the directions of the use of the charitable donation to other current projects at its discretion in case the project cannot be realized for objective reasons.
4.2. The Organization is obliged to:
4.2.1. Create 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 Statute of the Organization.
4.2.3. Keep confidential information (including personal data) received from the Donor, not to disclose it to third parties without the consent of the Donor, except in cases established by the Offer and the current legislation of Ukraine.
5. Rights and Obligations of the Donor
5.1. The Donor has the right to:
5.1.1. Transfer a voluntary charitable donation to the account of the Organization in the manner specified in the Agreement.
5.1.2. Approach the Organization to obtain a report on how the Organization uses the charitable donations.
5.2. The Donor is obliged to:
5.2.1. Carefully review all the rules and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules that regulate the relations between the Parties according to the Offer.
6. Location and Timing of Receiving Charitable Donations
6.1. The public collection of donations is conducted in the territory of any country in the world in the manner prescribed by Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations." The direct activity of the Organization concerning the public collection of donations under the Agreement is conducted at the location of the Organization.
6.2. The public collection of donations continues until the dissolution of the Organization unless another term is defined by the Organization.
7. Procedure for Making a Charitable Donation
7.1. The Organization provides the Donor with the possibility to make a Charitable Donation via electronic payment on the Website, by transferring money to the Organization's bank account (via the LiqPay payment service). The Donor chooses the payment format at their discretion: either a one-time or recurring payment (with the possibility to cancel recurring payments at any time).
7.2. Payment is considered made by the Donor at the moment the bank or payment system confirms the successful transaction. All costs associated with transferring the donation are borne by the Donor.
7.3. Charitable donations made by the Donor are non-refundable under any circumstances.
8. Procedures for the Use of Charitable Donations:
8.1. The use of charitable donations collected under the Agreement is conducted in accordance with the statutory purposes of the Organization. The Organization manages the charitable donations at its discretion. Charitable donations received by the Organization are non-refundable. The responsibility of the parties for breach of the terms of this Agreement or the order of use of the charitable donations is governed by the current legislation of Ukraine.
8.2. The Donor or their authorized representatives have the right to monitor the targeted use of the Charitable Donation.
8.3. Procedure for General Access to the Organization's Financial Reports:
Access to the Organization's reports is obtained by contacting the Organization via the email address ukrainian.vector2022@gmail.com, listed on the website https://ukrainian-vector.com.ua/. Other information is provided by the Organization in the manner and within the terms prescribed by Ukrainian law.
9. Liability of the Parties
9.1. In case of non-performance or improper performance of their obligations under the Offer, the Parties are liable in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Organization is not 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 accepting the Offer, the Donor confirms that they are informed and consent to the collection and processing of personal data.
10.2. The Organization collects and processes the Donor's personal data to fulfill its obligations under the Offer and in accordance with the Law of Ukraine "On Protection of Personal Data."
10.3. The Donor agrees that after entering their information while making a Charitable Donation or subscribing to the Organization's news on the Website, they may receive reports on the results of public collections and the use of charitable donations by the Organization, as well as letters and messages, including those of a promotional nature.
10.4. The Organization undertakes not to transfer the email address and other information about donors to third parties, except in cases provided by current Ukrainian legislation.
10.5. The Organization is not responsible for the disclosure of personal data that occurs as a result of illegal actions by third parties or if such disclosure occurs with the consent of the Donor.
11. Duration of the Offer. Procedure for Amendments and Additions
11.1. The Public Offer comes into effect from the moment it is posted on the Website and remains in effect until the dissolution of the Organization, unless another term is defined by the Organization. The provisions of this section also apply to amendments (changes) to the Offer.
11.2. The Organization has the right to change the terms of the Public Offer without the consent of the Donor. The Organization reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new edition of the Offer on the Website.
11.3. The Donor is obligated to independently monitor changes to the terms of the Offer by reviewing the current new (updated) edition on the Website.
12. Dispute Resolution Process
12.1. Disputes and conflicts that arise during the execution of the Charitable Donation Agreement under the terms of the Offer shall be resolved through negotiations in written form.
12.2. A claim must be submitted to the party in writing by sending a registered letter with notification of delivery, within no more than 10 (ten) calendar days from the date the grounds for the dispute or conflict arise. The claim is considered within 10 (ten) calendar days from the day it is delivered to the party to whom it is addressed.
12.3. If the parties are unable to reach an agreement through written negotiations, the dispute shall be settled in accordance with the current legislation of Ukraine.
12.4. For all other matters not provided by this Offer, the parties are governed by the current legislation of Ukraine.
13. Force Majeure
13.1. The parties are relieved from liability for non-performance or improper performance of obligations under the terms of the Offer if such non-performance is a result of force majeure and its consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and military actions, strikes, sabotage, accidents, mass disturbances and riots, quarantine restrictions, acts of state or administrative bodies, international sanctions, etc., which directly affect the performance of the Agreement and occur after its conclusion. In such cases, the duration of obligations under such an Agreement is extended for the duration of these circumstances and their consequences.
13.2. The party unable to fulfill its obligations under the Agreement due to force majeure and its consequences must notify the other party in writing about the commencement or end of these circumstances within 15 days, and must also provide documentary proof of their occurrence and presence.
13.3. Failure to notify or untimely notification about the circumstances of force majeure deprives the respective party of the right to refer to these circumstances as those that exempt from liability. Notification by the Organization about the occurrence of force majeure conditions can be done, among other ways, by posting relevant information on the Website.
13.4. Confirmation of the existence and duration of force majeure circumstances is provided by certificates issued by the authorized state authorities of Ukraine.
14. Information about the Organization:
Name: BF VECTOR UA BO
Address: 03037 Kyiv, Povitroflotskyi Prospekt 31, Office 236, Tel. 066 305 19 01
EDRPOU code - 44979474
Recipient's account in the IBAN format:
UA873052990000026000005025566
The edition of the Offer dated April 20, 2023
Published on the Website as of 20.04.2023
The text of the Offer is the official proposal of the Organization, represented by the director Mykola Fedorchenko Andriyovych, acting on the basis of the Statute, to enter into a charitable donation agreement (hereinafter referred to as the "Agreement"), the essence of which is laid out below.
- Definitions and Concepts
1.2. Acceptance – the full and unconditional acceptance of the Public Offer by carrying out actions for making a monetary transfer using payment forms and tools provided on the Website, as well as by transferring money to the Organization’s bank account through banking institutions. The moment of Acceptance is the date the funds are credited to the Organization's bank account.
1.3. Charitable Donation – the gratuitous transfer by the Donor of assets into the ownership of the Organization to achieve specific, predetermined objectives of activity, 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 of this agreement is the gratuitous and voluntary transfer of monetary funds from the Donor to the Organization, by making voluntary donations for the realization of the Organization's statutory goals and activities, as well as the provision of charitable assistance by the Organization in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations" and the Fund's programs.
2.2. The volume and size of the charitable donations are determined independently by the Donor at their own discretion.
2.3. The fulfillment of the terms of the Offer by the parties is not aimed at generating profit or any benefits for any of the parties.
2.4. The parties confirm that obtaining profit (directly or indirectly) by the parties is not the subject of the Offer.
2.5. The acceptance by the Donor of this Public Offer is made by the payment of the 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 acquainted with the Statute of the Organization, which is posted electronically on the Website of the Organization, fully understands and agrees with the subject of the Agreement, the purpose and objectives of the public collection of charitable donations, and with the right of the Organization to use a portion of the Donor's Charitable Donation for the Organization's administrative expenses, in an amount not greater than provided by the law of Ukraine.
3.2. Guided by Art. 207, part 2 of Art. 639, Arts. 641, 642 of the Civil Code of Ukraine, the Donor and the Organization agree that from the moment of Acceptance of the Offer, the Charitable Donation Agreement is considered concluded.
3.3. The parties agree that the non-compliance with the written form of the Charitable Donation Agreement by the parties does not invalidate it.
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. Change the directions of the use of the charitable donation within the scope of the Organization's statutory activities.
4.1.3. Use a portion of the Charitable Donation for the administrative expenses of the Organization, without the agreement of the Donor, in an amount not greater than that provided by the legislation of Ukraine.
4.1.4. Change the directions of the use of the charitable donation to other current projects at its discretion in case the project cannot be realized for objective reasons.
4.2. The Organization is obliged to:
4.2.1. Create 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 Statute of the Organization.
4.2.3. Keep confidential information (including personal data) received from the Donor, not to disclose it to third parties without the consent of the Donor, except in cases established by the Offer and the current legislation of Ukraine.
5. Rights and Obligations of the Donor
5.1. The Donor has the right to:
5.1.1. Transfer a voluntary charitable donation to the account of the Organization in the manner specified in the Agreement.
5.1.2. Approach the Organization to obtain a report on how the Organization uses the charitable donations.
5.2. The Donor is obliged to:
5.2.1. Carefully review all the rules and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules that regulate the relations between the Parties according to the Offer.
6. Location and Timing of Receiving Charitable Donations
6.1. The public collection of donations is conducted in the territory of any country in the world in the manner prescribed by Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations." The direct activity of the Organization concerning the public collection of donations under the Agreement is conducted at the location of the Organization.
6.2. The public collection of donations continues until the dissolution of the Organization unless another term is defined by the Organization.
7. Procedure for Making a Charitable Donation
7.1. The Organization provides the Donor with the possibility to make a Charitable Donation via electronic payment on the Website, by transferring money to the Organization's bank account (via the LiqPay payment service). The Donor chooses the payment format at their discretion: either a one-time or recurring payment (with the possibility to cancel recurring payments at any time).
7.2. Payment is considered made by the Donor at the moment the bank or payment system confirms the successful transaction. All costs associated with transferring the donation are borne by the Donor.
7.3. Charitable donations made by the Donor are non-refundable under any circumstances.
8. Procedures for the Use of Charitable Donations:
8.1. The use of charitable donations collected under the Agreement is conducted in accordance with the statutory purposes of the Organization. The Organization manages the charitable donations at its discretion. Charitable donations received by the Organization are non-refundable. The responsibility of the parties for breach of the terms of this Agreement or the order of use of the charitable donations is governed by the current legislation of Ukraine.
8.2. The Donor or their authorized representatives have the right to monitor the targeted use of the Charitable Donation.
8.3. Procedure for General Access to the Organization's Financial Reports:
Access to the Organization's reports is obtained by contacting the Organization via the email address ukrainian.vector2022@gmail.com, listed on the website https://ukrainian-vector.com.ua/. Other information is provided by the Organization in the manner and within the terms prescribed by Ukrainian law.
9. Liability of the Parties
9.1. In case of non-performance or improper performance of their obligations under the Offer, the Parties are liable in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Organization is not 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 accepting the Offer, the Donor confirms that they are informed and consent to the collection and processing of personal data.
10.2. The Organization collects and processes the Donor's personal data to fulfill its obligations under the Offer and in accordance with the Law of Ukraine "On Protection of Personal Data."
10.3. The Donor agrees that after entering their information while making a Charitable Donation or subscribing to the Organization's news on the Website, they may receive reports on the results of public collections and the use of charitable donations by the Organization, as well as letters and messages, including those of a promotional nature.
10.4. The Organization undertakes not to transfer the email address and other information about donors to third parties, except in cases provided by current Ukrainian legislation.
10.5. The Organization is not responsible for the disclosure of personal data that occurs as a result of illegal actions by third parties or if such disclosure occurs with the consent of the Donor.
11. Duration of the Offer. Procedure for Amendments and Additions
11.1. The Public Offer comes into effect from the moment it is posted on the Website and remains in effect until the dissolution of the Organization, unless another term is defined by the Organization. The provisions of this section also apply to amendments (changes) to the Offer.
11.2. The Organization has the right to change the terms of the Public Offer without the consent of the Donor. The Organization reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new edition of the Offer on the Website.
11.3. The Donor is obligated to independently monitor changes to the terms of the Offer by reviewing the current new (updated) edition on the Website.
12. Dispute Resolution Process
12.1. Disputes and conflicts that arise during the execution of the Charitable Donation Agreement under the terms of the Offer shall be resolved through negotiations in written form.
12.2. A claim must be submitted to the party in writing by sending a registered letter with notification of delivery, within no more than 10 (ten) calendar days from the date the grounds for the dispute or conflict arise. The claim is considered within 10 (ten) calendar days from the day it is delivered to the party to whom it is addressed.
12.3. If the parties are unable to reach an agreement through written negotiations, the dispute shall be settled in accordance with the current legislation of Ukraine.
12.4. For all other matters not provided by this Offer, the parties are governed by the current legislation of Ukraine.
13. Force Majeure
13.1. The parties are relieved from liability for non-performance or improper performance of obligations under the terms of the Offer if such non-performance is a result of force majeure and its consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and military actions, strikes, sabotage, accidents, mass disturbances and riots, quarantine restrictions, acts of state or administrative bodies, international sanctions, etc., which directly affect the performance of the Agreement and occur after its conclusion. In such cases, the duration of obligations under such an Agreement is extended for the duration of these circumstances and their consequences.
13.2. The party unable to fulfill its obligations under the Agreement due to force majeure and its consequences must notify the other party in writing about the commencement or end of these circumstances within 15 days, and must also provide documentary proof of their occurrence and presence.
13.3. Failure to notify or untimely notification about the circumstances of force majeure deprives the respective party of the right to refer to these circumstances as those that exempt from liability. Notification by the Organization about the occurrence of force majeure conditions can be done, among other ways, by posting relevant information on the Website.
13.4. Confirmation of the existence and duration of force majeure circumstances is provided by certificates issued by the authorized state authorities of Ukraine.
14. Information about the Organization:
Name: BF VECTOR UA BO
Address: 03037 Kyiv, Povitroflotskyi Prospekt 31, Office 236, Tel. 066 305 19 01
EDRPOU code - 44979474
Recipient's account in the IBAN format:
UA873052990000026000005025566
The edition of the Offer dated April 20, 2023
Published on the Website as of 20.04.2023
