How to support Museum of Ukrainian diaspora by providing non-refundable charitable assistance?

1. General provisions

1.1 This public Offer for the provision of non-repayable financial assistance (from now on referred to as the “Offer”) is a proposal of the Charitable Organization “International Charitable Foundation of Ukrainian World Diaspora” (from now on referred to as the “Foundation”), represented by the Chairman of the Board, Yulia I. Kovalska, to an indefinite number of legally capable individuals and legal entities of private law, who voluntarily carry out charitable activities (from now on each of such persons is referred to as the “Benefactor”), to agree on the provision of non-refundable financial assistance (from now on the “Agreement”) on the terms described in this Offer with each applying Benefactor. 

1.2. This Offer is a proposal to agree to Article 641 of the Civil Code of Ukraine. 

1.3. This Offer shall enter into force upon its posting on the Foundation’s Website at the following link: https://diaspora.com.ua (from now on referred to as the “Site”). This Offer is perpetual and may be amended or withdrawn by the Foundation at any time (before its acceptance by the Benefactor) by posting the relevant information on the Website. 

1.4. The Foundation may enter into agreements to provide non-repayable financial assistance in a different manner and/or on additional terms than provided for in this Offer. The Donor may separately apply to the Foundation to conclude such an agreement.

2. Subject of the Agreement

2.1. According to this Agreement, the Donor shall transfer funds to the Foundation as voluntary financial assistance to ensure the statutory activities of the Foundation free of charge and irrevocably, and the Foundation shall accept such irrevocable financial assistance and undertakes to use it for its charitable activities following the Charter and the laws of Ukraine.

2.2. The Donor’s funds transfer under this Agreement shall be recognized as non-repayable financial assistance under Article 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

2.3. The Donor independently determines the amount of non-repayable financial assistance. 

2.4. The conclusion and execution of this Agreement is not intended to and does not provide for profit by either party.

3. Activities of the Fund

3.1. The Fund’s activities shall not be aimed at making a profit and shall comply with the goals and objectives outlined in the Charter. 

4. Contribution of non-refundable financial assistance and acceptance of the Offer

4.1 The Donor makes a non-refundable financial contribution by making a money transfer using the payment forms and means posted on the Website or by transferring funds to the current account of the Foundation through bank institutions. Charitable donations are indefinite, and the term of their use by the Foundation is not limited.

4.2 Following this Offer and the Agreement, charitable financial assistance is provided by the Donors and used by the Foundation to conduct and ensure the Foundation’s philanthropic activities under the Charter and the legislation of Ukraine. The Donor agrees to such targeted purpose of its non-refundable financial assistance. 

4.4. The Foundation shall use the donated non-refundable financial assistance in the order of its receipt. 

4.5. When making a non-refundable financial donation, the Donor shall provide his/her contact information for the correct identification of the payer: name and surname, name of the legal entity, e-mail address, and/or telephone number, other data allowing the title of the Donor.

4.6. Acceptance of the Offer shall be deemed its complete and unconditional acceptance by the Donor by performing actions to transfer the funds of non-refundable financial assistance to the Foundation in one of the ways specified in clause 4.1 above. The Offer shall be deemed accepted, and the Agreement concluded from the date of crediting the funds to the current account of the Foundation.

4.7. Within 48 hours after the funds are credited to the current account of the Foundation, the Donor may apply to the Foundation for a refund of the donation due to their erroneous transfer or other reasons. Upon expiration of this period, the charitable contribution is considered irrevocable. It is only refundable by the Foundation if such a refund is required by the legislation of Ukraine or otherwise provided for in this Offer. If the non-refundable financial assistance was deposited to the Foundation’s account without identifying the payer and the Foundation cannot identify the Donor, the Foundation shall not return such aid. 

4.8. By accepting the Offer, the Donor confirms that he/she agrees to all the terms of the Offer and is fully aware of and agrees to the subject matter and terms of the Agreement.

4.9. Costs associated with the introduction of non-refundable financial assistance (fees for transferring funds, taxes, fees, etc.) shall be borne by The Donor realizes and agrees that part of his/her non-refundable financial assistance may be used by the Foundation to cover the costs associated with making charitable donations if such expenses are charged by third parties by default and cannot be avoided (for example, payment system acquiring fees, bank fees, etc.). 

5. Rights and obligations of the parties

5.1. The Foundation undertakes to use the funds of the Donor’s charitable donation in strict accordance with the legislation of Ukraine and only within the framework of its statutory activities.

5.2. The Foundation shall have the right to independently determine the areas of use of the charitable donation following its statutory activities and the legislation of Ukraine unless the Donor has chosen a specific purpose of his/her contribution under a separate agreement with the Foundation. Thus, if the Donor does not determine the particular purpose of the charitable donation, it is considered that the donation is made to implement the Foundation’s statutory activities. 

5.3. The Donor agrees that by the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Foundation may use part of the funds from the Donors to finance its administrative expenses. The expenses for the Foundation’s maintenance (administrative costs of the Foundation) may be at most 20% of its budget in the current year.

5.4. The Donor has the right to receive information on using his/her charitable donation. At the Donor’s request, the Foundation may also confirm the intended use of the generous donation with additional documents.

5.5. By providing a charitable donation, the Donor unconditionally confirms his/her legal capacity and voluntariness of the transaction, that the subject of the generous contribution is not prohibited, arrested, pledged not encumbered by any other rights of third parties and was not acquired in violation of the Law of Ukraine No. 361-IX “On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction.” If the Foundation has reasonable doubts about these statements, the Foundation has the right to request, and the Donor undertakes to provide, appropriate supporting evidence of these statements.

6. Final provisions

6.1. By accepting the Offer, the Donor grants the Foundation consent to the processing of his/her data disclosed by the Donor when making a charitable donation to fulfill the terms of the Agreement. Such personal data may include name, surname and patronymic, address, place of residence, e-mail address, telephone number, and (in case of transferring funds to the current account of the Foundation through banking institutions) bank details. The permitted types of personal data processing include collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalization, and destruction. The Foundation undertakes not to disclose the Donor’s data to third parties without the Donor’s permission, except in cases where such disclosure is required by government agencies or otherwise required by the laws of Ukraine. The Donor confirms that he/she has been informed of the rights established by the Law of Ukraine “On Personal Data Protection.” The scope of the rights of the Benefactor as a subject of personal data under the Law of Ukraine “On Personal Data Protection” is known and understood by him/her. 

6.2. The Donor agrees that the Foundation may use his/her contact information to send letters and messages to the Donor, including electronic ones. At the same time, the Foundation undertakes not to provide information about the Donor’s contact details to third parties except as expressly provided by the legislation of Ukraine. 

6.3. In case of disputes between the parties to this Agreement, they shall be resolved through negotiations. If a negotiated settlement is not possible, disputes shall be considered by the courts following the procedure established by law.

International Charitable Foundation of World Ukrainians “DIASPORA”

Ukraine, 01001, Kyiv, Sportyvna Square, 3-B

Non-profit organization (non-profit status 0036)

Name of the bank: JSC “BANK FOR INVESTMENTS AND SAVINGS”

Bank’s MFO: 380281

IBAN account number: UA563802810000026007000000105

EDRPOU code: 39542293

Chairman of the Board Julia Kovalska