This Public Contract (Offer) (hereinafter referred to as the "Public Offer") is addressed to an unspecified number of individuals and legal entities (hereinafter referred to as the "Donor") – visitors of the website "Iskra Dobro" on the Internet: https://iskradobra.com.ua/ (hereinafter referred to as the "Website"). In accordance with Article 633 of the Civil Code of Ukraine, it is an official and public offer by the PUBLIC ORGANIZATION "ISKRA DOBRO", Unified State Register Code 44870223 (hereinafter referred to as the "Organization"), represented by the Chairman of the Board, Ihor Oleksandrovych Kukobko, acting based on the Charter, to conclude a contract for the provision of charitable donations (hereinafter referred to as the "Contract"), under the terms outlined below:
DEFINITION OF TERMS1.1. Public Offer – the Organization’s proposal, posted on the Website https://iskradobra.com.ua/, addressed to any individual and/or legal entity, including but not limited to the Donor, in accordance with Article 641 of the Civil Code of Ukraine, to conclude a contract with it under the terms specified in this public offer.
1.2. Acceptance – the full and unconditional acceptance by the Donor of the Organization's Public Offer by making a monetary transfer through the payment forms and methods provided on the Website, or by transferring funds to the Organization's bank account through banking institutions. The moment of Acceptance is the fact of the monetary transfer and/or the crediting of funds to the Organization’s bank account.
1.3. Charitable Donation – the voluntary transfer of funds by the Donor to the Organization's ownership for achieving certain goals and programs of the Organization in accordance with its Charter, this Contract, and the Law of Ukraine "On Public Associations".
1.4. Donor – a capable individual or private legal entity that has accepted this Public Offer and voluntarily makes a Charitable Donation.
1.5. Website – the Organization's website on the Internet at https://iskradobra.com.ua/.
SUBJECT OF THE CONTRACT2.1. The subject of this Contract is the free and voluntary transfer by the Donor of funds to the ownership of the Organization through the voluntary Charitable Donation aimed at ensuring the Organization's statutory activities.
2.2. The donor independently determines the amount of the charitable donation.
If desired, the donor may specify the target purpose of the donation by selecting from the programs (projects) or objectives announced by the Non-Governmental Organization. If no separate agreement is made with the NGO, the donor agrees that the funds may be used for other programs of the NGO in accordance with its statutory activities.
2.3. The subject of this Contract is not the direct or indirect generation of profit for either Party to this Contract.
PURPOSE OF THE CONTRACT3.1. The purpose of this Contract is to achieve socially beneficial goals through the accumulation of charitable contributions for:
social welfare and protection of vulnerable groups of the population, and addressing urgent social issues that the Organization handles.ACCEPTANCE4.1. Acceptance of the Public Offer signifies that the Donor agrees to all the terms of this Public Offer, understands and consents that the Charitable Donation will be used to achieve the goals and programs set forth in the Organization's Charter.
4.2. The Donor understands and unconditionally agrees with the Organization’s right to use a portion of the Donor’s Charitable Donation for the Organization's administrative expenses, in an amount not exceeding the limit set by Ukrainian law.
4.3. The Parties agree that upon Acceptance by the Donor of this Public Offer, this Contract is considered concluded in written form, in accordance with Articles 207, 639, 641, and 642 of the Civil Code of Ukraine. The Parties also agree that non-compliance with the written form does not render the transaction invalid.
RIGHTS AND OBLIGATIONS OF THE PARTIES5.1. The Organization undertakes to use the Donor's Charitable Donation strictly in accordance with Ukrainian law and only within the scope of its statutory activities.
5.2. The Organization has the right to independently determine how the Charitable Donation is used in line with its statutory activities and Ukrainian law, unless the Donor has specified a particular purpose for the donation under a separate agreement with the Organization. In cases where no specific purpose is designated by the Donor, the donation is considered to be for the Organization's general statutory activities.
5.3. The Donor has the right to receive information on how their Charitable Donation is used. For this purpose, the Organization may post monthly financial reports on the Website, which include (i) the amounts of donations received by the Organization during the reporting period, and (ii) the Organization's expenditures for the same period. Upon written request, the Organization may also provide additional documentation confirming the targeted use of the Charitable Donation.
5.4. By making a Charitable Donation, the Donor unconditionally asserts (i) their legal capacity, (ii) the voluntary nature of the transaction, (iii) that the subject of the donation is not prohibited, seized, pledged, or otherwise encumbered by third-party rights, and was not acquired in violation of the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing of Terrorism, and Financing the Proliferation of Weapons of Mass Destruction". If the Organization has reasonable doubts about these claims, it reserves the right to request, and the Donor agrees to provide, appropriate evidence supporting these assertions.
LOCATION OF PUBLIC FUNDRAISING6.1. The public fundraising of Charitable Donations is conducted in any country worldwide. The Organization’s direct activities related to this Contract are carried out at the Organization’s registered address.
DURATION OF FUNDRAISING7.1. The public fundraising continues until the Organization ceases its activities. In case of closure or liquidation, the funds will be transferred to other relevant charitable organizations, unless otherwise decided by the Organization, about which the Donor will be informed via the Website.
USAGE OF CHARITABLE DONATIONS8.1. The use of funds collected under this Contract shall comply with the purposes defined by the Organization's statutory activities and the laws of Ukraine.
8.2. The Organization manages the Charitable Donations at its discretion within the limits established by its Charter.
8.3. The Charitable Donations received by the Organization can be returned to the Donor only in cases provided by Ukrainian law.
ORGANIZATION’S LIABILITY9.1. The Organization is liable under Ukrainian law for violating the terms of this Contract and for using the Charitable Donations contrary to the procedures defined by the Organization’s Charter and Ukrainian law.
PROCEDURE FOR ACCESS TO FINANCIAL REPORTS10.1. Access to the financial reports on the use of funds collected by the Organization is granted to the Donor if they are a member of the Organization, upon written request sent via registered mail to the Organization’s legal address provided on the Website. Other information is provided by the Organization in the manner and within the timeframes specified by Ukrainian law.
CONSENT TO PROCESS PERSONAL DATA11.1. By Accepting this Public Offer, the Donor confirms that they have read and agree to the terms of Annex No. 1 to this Contract and grants permission for the processing of their personal data for the purposes of fulfilling the terms of the Public Offer.
OTHER TERMS12.1. All costs (including payment of commissions, etc.) related to the Charitable Donation shall be borne by the Donor.
12.2. By Accepting this Public Offer, the Donor agrees to receive news and updates from the Organization via email or phone, as provided during the donation process or registration on the Website.
12.3. The Organization is exempt from liability for disclosing personal data that was obtained legally from publicly available sources, or information and data that were disclosed or published by the media or made available on the Internet.
PUBLIC ORGANIZATION "ISKRA DOBRO" Code 4487022314026, Chernihiv, Nezalezhnosti St. 15/357IBAN UA363052990000026005036306680AT CB “PRIVATBANK”Email: moc.liamg%40arbodarcsi_______________________________
Annex No. 1to the Donation Agreement concluded by the Donor with the NGO "ISKRA DOBRA"
CONSENTfor the processing of personal data
By accepting the public offer for making a charitable donation, which is posted on the NGO "ISKRA DOBRA" website on the Internet: https://iskradobra.com.ua/, and in accordance with the Law of Ukraine "On the Protection of Personal Data" dated June 1, 2010, No. 2297-VI, I give my consent to the NGO "ISKRA DOBRA" (hereinafter referred to as the Organization) to process and use my personal data (name of the database: NGO "ISKRA DOBRA") in the manner prescribed for the purpose of implementing the statutory activities of the Organization, involving individuals in activities in accordance with the charter of the Organization and the legislation of Ukraine, to the extent necessary to achieve the stated purpose of personal data processing.
In addition, I agree that my personal data may be transferred/disclosed/shared (including for further processing and use) in connection with the exercise of competence in the field of activity between myself and the Organization to third parties.
Furthermore, I consent that my personal data may be made available to third parties upon their request, provided these parties undertake to comply with the requirements of the Law of Ukraine "On the Protection of Personal Data" in the manner prescribed by Article 16 of the aforementioned Law.
I undertake to promptly provide updated information to the NGO "ISKRA DOBRA" if my personal data changes, and to submit original documents for updating my new personal data in the partners' personal data database.
By accepting the public offer for making a charitable donation, posted on the NGO "ISKRA DOBRA" website on the Internet: https://iskradobra.com.ua/, I confirm that I have received a notification about the inclusion of my personal data in the personal data database for the purpose of implementing the statutory activities of the Organization, involving individuals in activities in accordance with the charter of the Organization and the legislation of Ukraine, as well as information about the rights defined by the Law of Ukraine "On the Protection of Personal Data".