ENG / UA
DONATE NOW
ENG / UA
DONATE NOW

Public offer agreement

On the provision of a charitable donation (free transfer of property, funds) for public benefit (charitable) purposes)

This offer agreement is addressed to an indefinite number of individuals and legal entities (hereinafter referred to as the “Benefactor”) – visitors to the website of the Charity Fund of the Charitable Organisation “NEW DAWN” on the Internet:

newdawn.org.ua hereinafter referred to as the website newdawn.org.ua (hereinafter referred to as the Website), and is an official and public offer

of the CHARITY FUND OF THE CHARITY ORGANISATION “NEW DAWN” (Tax code 44713624), represented by the Chairman of the Board Pohrebna Yulia Anatoliyivna, acting on the basis of the Charter, to conclude a charitable donation agreement (hereinafter – the Agreement), the subject and essential terms of which are indicated below:

  1. Terms and definitions:

Public Offer Agreement – a valid offer of the Organisation posted on the Website to make a charitable donation addressed to an unlimited number of persons, including the Donor.

Acceptance is the full and unconditional acceptance of the Public Offer Agreement by taking actions to make a money transfer using the payment forms and means posted on the Website, as well as by transferring funds to the current account of the Organisation through bank institutions. The moment of Acceptance shall be the date of the money transfer and/or crediting of funds to the bank account of the Organisation.

Charitable Donation means a free-of-charge transfer by the Donor of funds to the ownership of the Organisation to achieve certain, previously agreed upon goals of the activity, in accordance with the Agreement and the Law of Ukraine “On Public Associations”.

  1. Terms of the Agreement:

The terms of this Agreement is a gratuitous and voluntary transfer of funds by the Donor to the ownership of the Organisation by making voluntary donations for the implementation of the statutory activities of the Organisation.

The Donor shall independently determine the amount of the charitable donation.

The matter of this Agreement is not to obtain directly or indirectly any profit for any of the Parties to the Agreement.

  1. Acceptance of the Offer means that the Donor agrees with all its provisions, he/she is familiar with the Charter of the Organization, which is posted electronically on the Organization’s Website, he/she is fully aware of and agrees with the subject matter of the Agreement, with the purpose of public fundraising 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.
  1. The Benefactor and the Organisation, guided by Article 207, Part 2 of Article 639, Articles 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance, the Agreement shall be deemed to be concluded in writing. The Parties agree that failure of the Parties to comply with the written form of the transaction shall not mean its invalidity.
  1. Rights and obligations of the Organization:

5.1. The Organization has the right to:

– Receive Charitable Donations and use them in accordance with the terms and conditions of this Agreement;

– Without the Donor’s consent, change the use of the donation within the Statutory Activities of the Organization;

– Without the Donor’s consent, use a part of the Charitable Donation for the administrative expenses of the Organization in the amount not exceeding the amount provided for by the legislation of Ukraine.

5.2. The Organization is obliged:

– In case of use of the donation contrary to the purposes of this Agreement, return the funds to the Donor upon his/her written request.

  1. The Donor’s Rights:

– To control the intended use of the charitable donation;

  1. Place of public fundraising:

Public fundraising is conducted in any country of the world. The Organization’s direct activities related to the public fundraising under the Agreement shall be carried out at the location of the Organization.

  1. Fundraising period:

The public collection of donations shall continue until the liquidation of the Organisation, unless another term is determined by the Organisation.

  1. Procedure for Using Charitable Donations:

The Charitable Donations collected under the Agreement shall be used in accordance with the objectives of the Organization. The Organization shall dispose of the Charitable Donations at its sole discretion. The Charitable Donations received by the Organization may be returned to the Donor only in cases provided for by the legislation of Ukraine. The parties’ liability for violation of this Agreement or the procedure for using the Charitable Donations is provided for by the requirements of the current legislation of Ukraine.

  1. The Donor or persons authorised by the Donor shall have the right to control the intended use of the Charitable Donation.
  1. Procedure for general access to the financial statements of the Organization:

Access to the financial statements of the Organization is provided by the Donor upon his/her written request.

Other information is provided by the Organisation in the manner and within the time limits stipulated by the legislation of Ukraine.

  1. All expenses for payment of amounts (commissions) related to the transfer and crediting of the donation shall be borne by the Donor.
  1. The Donor, by making the Acceptance, confirms that he/she is familiar with and agrees to the terms of Annex No. 1 to this Agreement regarding the collection and processing of personal data.
  1. The Donor agrees that after entering information about himself/herself during the Charitable Donation, subscribing to the Organization’s news or registering on the Website, the Organization may send letters and messages, including advertising, to the Donor’s e-mail address or contact phone number, and in addition, the Organization has the right, without the consent of the Donor, to publish the Donor’s surname, name and patronymic or the name of the Donor as the Organization’s Donor on the Website or in any media. At the same time, the Organisation undertakes not to disclose the email address and other information about the Donors to third parties, except as provided by the current legislation of Ukraine.

Appendix No. 1 to the Donation Agreement concluded by the Donor with the New Dawn Charitable Foundation

AGREEMENT to the processing of personal data

By accepting the public offer of a charitable donation posted on the website of the CO Charitable Foundation New Dawn on the Internet: newdawn.org.ua, website address newdawn.org.ua, in accordance with the Law of Ukraine “On Personal Data Protection” of 1 June 2010, No. 2297-VI, I give my consent to the CO Charity Foundation New Dawn (hereinafter – the Organisation) to process and use my personal data (database name: CO Charity Foundation New Dawn) in accordance with the established procedure in order to implement the statutory activities of the Organisation, to involve persons in activities in accordance with the Statute of the Organisation and the legislation of Ukraine to the extent necessary to achieve the above purpose of personal data processing.

In addition, I agree that my personal data may be transferred / disseminated / disclosed (including for their further processing and use) in connection with the implementation of competence in the field of activity between me and the Organisation to third parties.

In addition, I agree that my personal data may be provided to third parties upon their request, provided that these persons undertake to ensure compliance with the requirements of the Law of Ukraine “On Personal Data Protection”, in accordance with the procedure provided for in Article 16 of the Law of Ukraine “On Personal Data Protection”.

By accepting the public offer of a charitable donation posted on the Website of the New Dawn Charitable Foundation on the Internet: newdawn.org.ua and the website address newdawn.org.ua, I confirm that I have received a notice of the inclusion of my personal data in the personal data base for the purpose of implementing the statutory activities of the Organisation, attracting persons to activities in accordance with the Statute of the Organisation and the legislation of Ukraine, as well as information about the rights defined by the Law of Ukraine “On Personal Data Protection”.