This Public Offer for donations for charitable purposes (hereinafter referred to as the Offer) is aimed at an indefinite number of individuals (hereinafter referred to as the Benefactor) who are benefactors of the public union “Chernihiv IT Cluster” (hereinafter referred to as the Organization) at the address: Ukraine, Chernihiv region, 12 Preobrazhena Street, Chernihiv, 12 Preobrazhenska Street, and wishing to make a charitable donation within the meaning of this Public Offer, hereinafter referred to as the “Parties” and each individually as a “Party”.
The text of the Offer is an official proposal of the public union “Chernihiv IT Cluster”, represented by the Chairman of the Board I.M. Lysytsia, acting on the basis of the Charter, to conclude an agreement on donations for charitable purposes (hereinafter referred to as the Agreement), the essence of which is set out below.
1. Definition of terms
1.1. Public Offer is a valid offer of the Organization to make a charitable donation addressed to an unlimited number of persons, including the Donor.
1.2. Acceptance is the full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using payment forms and means, as well as by transferring funds to the Organization's current account through bank institutions. The moment of Acceptance is the date of crediting funds to the bank account of the Organization.
1.3. Charitable donation is a gratuitous transfer of funds by the Donor to the Organization to achieve certain, previously agreed upon goals of the Organization in accordance with this Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
2. Subject of the Agreement
2.1. The subject matter of this Agreement is the free and voluntary transfer of funds from the Donor to the Organization by way of voluntary donations for the implementation of the statutory purposes and activities of the Organization, as well as for the provision of charitable assistance by the Organization in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Organization's programs, etc.
2.2 The fulfillment of the terms of the Offer by the parties is not intended to generate profit or any benefits for any of the parties.
2.3. The Parties confirm that the Parties' profit (directly or indirectly) is not the subject of the Offer.
2.4. Acceptance of this Public Offer by the Benefactor shall be made by making a 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, he/she is fully aware of and agrees with the subject matter of the Agreement, with the purpose and objectives 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.
3.2. The Donor and the Organization, guided by Article 207, Part 2 of Article 639, Articles 641, 642 of the Civil Code of Ukraine, Articles 6 and 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”, agree that from the moment of Acceptance of the Offer the Agreement shall be deemed concluded.
3.3. The Parties agree that the failure of the Parties to comply with the written form of the 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 Agreement.
4.1.2. To change the directions of use of the charitable donation within the Statutory activities of the Organization.
4.1.3. To use a part of the Charitable Donation for the administrative expenses of the Organization, without the Donor's consent, in the amount not exceeding the amount provided for by the legislation of Ukraine.
4.2 The Organization is obliged to:
4.2.1. Create the 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 Charter of the Organization.
4.2.3. To keep confidential information (including personal data) received from the Donor, not to transfer it to third parties without the consent of the Donor, except as provided for in the Offer and the current legislation of Ukraine.
5. The rights and obligations of the Benefactor
5.1. The Donor has the right to:
5.1.1. Transfer a voluntary charitable donation to the Organization's account in the manner specified in the Agreement.
5.1.2. Apply to the Organization to receive a report on the use of charitable donations by the Organization.
5.2. The Donor is obliged to:
5.2.1. Read in detail and carefully all the terms and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules governing the relations of the Parties under the Offer.
6. Procedure for making a charitable donation
6.1. The Organization shall provide the Donor with the opportunity to make a Charitable Donation by transferring funds to the Organization's bank account.
6.2. The payment is recognized as made by the Donor at the moment of confirmation of a successful transaction by the bank or payment system. The Donor shall bear all expenses related to the transfer of the donation.
6.3. The charitable donation paid by the Donor is non-refundable.
7. The procedure for using charitable donations:
7.1. The Charitable Donations collected under this Agreement shall be used in accordance with the purposes of the statutory activities of the Organization. The Organization shall dispose of the Charitable Donations at its sole discretion. Charitable Donations received by the Organization shall not be refunded. The parties' liability for violation of the terms of this Agreement or the procedure for using Charitable Donations is provided for by the requirements of the current legislation of Ukraine.
8. Liability of the Parties
8.1. In case of non-fulfillment or improper fulfillment of their obligations under the Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
8.2. The Organization shall not be liable in case of actions/inactions of third parties, as a result of which the Organization could not fulfill its obligations under the Offer.
9. Confidentiality and protection of personal data
9.1. By making the Acceptance, the Donor confirms that he/she is familiarized with and agrees to the collection and processing of personal data.
9.2. The Organization collects and processes the Donor's personal data in order to fulfill its obligations under the Offer and in accordance with the Law of Ukraine “On Personal Data Protection”.
9.3. The Organization undertakes not to transfer the e-mail address and other information about the Donors to third parties, except as provided by the current legislation of Ukraine.
9.4. The Organization is not responsible for the disclosure of personal data that occurred as a result of illegal actions of third parties or if such disclosure occurred with the consent of the Donor.
10. The term of the Offer. Procedure for making changes and additions
10.1. The Public Offer comes into force from the moment it is posted on the Website and is valid until the liquidation of the Organization, unless another term is determined by the Organization. The provisions of this clause shall also apply to additions (changes) to the Offer.
10.2. The Organization has the right to change the terms 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.
10.3. The Benefactor is obliged to independently monitor changes in the terms of the Offer by reviewing the current new (current) version on the Website.
11. Dispute Resolution Procedure
11.1. Disputes and disputes arising from the performance of the Charitable Donation Agreement concluded under the terms of the Offer shall be resolved through negotiations.
11.2. In case the Parties fail to reach an agreement during the negotiations, the dispute shall be considered in the manner prescribed by the current legislation of Ukraine.
11.3. On all other issues not provided for in this Offer, the Parties shall be governed by the current legislation of Ukraine.
12. Force majeure
12.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the terms of the Offer, if the said non-performance is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and hostilities, strike(s), sabotage, accident, mass disorder and riots, quarantine restrictions, acts of public authorities or administration, international sanctions, etc, that directly affect the performance of the Agreement and arose after its conclusion. In this case, the term for fulfillment of obligations under such Agreement shall be extended for the duration of the said circumstances and their consequences.
12.2. A Party that is unable to fulfill its obligations under the Agreement as a result of force majeure circumstances and their consequences shall notify the other Party within a reasonable time of the beginning or end of such circumstances.
13. Information about the Organization:
Public Union “Association of
of IT enterprises of Chernihiv region
“Chernihiv IT Cluster”
Legal address: 14000, Chernihiv, Peremohy Ave,
129 Peremohy Ave. at 501, office 501
tel.: 067 468 64 68
Code according to EDRPOU : 41874707
current account in IBAN format:
UA683510050000026008878827018
in JSC “UkrSibbank”
Is a non-profit organization
Chairman of the Board I. M. Lysytsia
Chernihiv IT Cluster is a community formed in 2017.
Today it unites 9 companies.
© 2017 — 2024 Чернігівський ІТ-кластер
