Public Offer Agreement on Making a Charitable Donation

This document is a public offer to enter into an agreement on making a charitable donation on the terms set out below (hereinafter the “Agreement”). The offer is made by Благодійна організація «Міжнародний благодійний фонд «Янголи України — Місія Добра» (EDRPOU code 45700794, legal address: 49000, Дніпропетровська обл., м. Дніпро, пр. Дмитра Яворницького, 18), hereinafter the “Charitable Organization”.

The legal basis of the Agreement is Articles 633, 641 and 642 of the Civil Code of Ukraine, the Law of Ukraine “On Charitable Activity and Charitable Organizations” (hereinafter the “Charity Law”) and other legislation of Ukraine.

The offer is addressed to an indefinite number of persons. The terms of the Agreement are the same for all Donors.

In the Agreement the terms have the following meaning:

• Donor — any legally capable individual or legal entity that has accepted this offer;
• Charitable donation — a voluntary gratuitous transfer by the Donor to the Charitable Organization of funds in hryvnias for its statutory activities;
• Website — the website of the Charitable Organization at yanholy.com, on which this offer is published;
• Payment service — WayForPay, through which the Website accepts payments by bank cards and electronic wallets;
• Acceptance — the Donor’s full and unconditional consent to the terms of the Agreement, expressed by the actions specified in section 3;
• Statutory activities — the activities of the Charitable Organization provided for by its charter and the Charity Law.

The Donor voluntarily and gratuitously transfers funds (a charitable donation) to the Charitable Organization for its statutory activities, and the Charitable Organization accepts them and uses them to achieve its statutory goals on the terms of this Agreement.

The Donor determines the amount of the charitable donation independently: on the Website, one of the preset amounts can be chosen or a custom amount entered.

A charitable donation is not payment for goods, works or services. The Donor receives no remuneration or any other consideration in return.

Acceptance of this offer is the transfer of a charitable donation:

• through the Website using the Payment service;
• by bank transfer to the bank details of the Charitable Organization given in section 13 and on the Website.

Performing these actions means the Donor’s full and unconditional acceptance of all terms of the Agreement (Article 642 of the Civil Code of Ukraine). There is no need to sign the Agreement separately.

The Agreement is concluded in written (electronic) form and is considered concluded from the moment of acceptance.

The offer is valid indefinitely until the Charitable Organization withdraws it by publishing a notice on the Website. Withdrawal of the offer does not affect agreements that have already been concluded.

A charitable donation can be made one-time or monthly (a recurring donation) through the Payment service. Payment is available by Visa and Mastercard bank cards, Apple Pay and Google Pay.

A donation can also be made by bank transfer using the following details: bank — [Bank name]; IBAN — [Insert the foundation’s IBAN]. In the payment purpose field, enter exactly this text in Ukrainian: “Благодійний внесок на статутну діяльність” (in English: “Charitable donation for the foundation’s statutory activities”).

The currency of the charitable donation is the Ukrainian hryvnia.

Payment systems, the Payment service and banks may charge fees for the transfer in accordance with their tariffs. This may reduce the amount received by the Charitable Organization.

When paying through the Payment service, bank card details are entered only on the Payment service’s page. The Charitable Organization does not receive or store these details.

A recurring donation is a charitable donation that is charged monthly in the amount chosen by the Donor. It is set up on the Website: choose the donation type “Monthly”, choose the amount and confirm the payment on the Payment service’s page.

By setting up a recurring donation, the Donor agrees to one charge of the chosen amount to the Donor’s card per month until the Donor cancels the recurring donation, but no more than 120 times (10 years). The payment service shows the term (the date of the last charge) on the payment page before the payment is confirmed; after it ends, the recurring donation can be set up again if desired. A recurring donation can be cancelled at any time (clause 5.3).

A recurring donation can be cancelled at any time:

• by an email to krasnapolsky2022@gmail.com stating the payment details (the name, email or phone number given at payment, and the amount and date of the first payment);
• using the cancellation link provided by the Payment service, if it is included in the payment confirmation email.

Upon receiving a request, the Charitable Organization stops further charges without delay and confirms this in its reply. Payments that have already been made are not refunded, except in the cases specified in section 8.

The Charitable Organization uses the funds exclusively to achieve the goals defined by its charter, within the limits permitted by the Charity Law.

The Charitable Organization is a non-profit organization.

The Charitable Organization publishes reports on the funds received and on how they were spent on the Website, in the “Reports” section.

The Charitable Organization may announce targeted fundraisers on the Website, i.e. collections of charitable donations for a specific goal described on the fundraiser’s page (hereinafter the “Targeted Fundraiser”). The fundraiser’s page states the goal, the amount to be raised and, if set, the end date of the fundraiser.

A charitable donation made on the page of a Targeted Fundraiser is used for the goal of that fundraiser. Only one-time donations are accepted for a Targeted Fundraiser; a recurring donation (section 5) goes to the statutory activities in general.

If more is raised than needed for the goal of a Targeted Fundraiser, or if the goal cannot be achieved (in particular, if the fundraiser is closed before it ends), the Charitable Organization uses these funds for other statutory purposes. The Charitable Organization publishes a report on the use of the funds of each Targeted Fundraiser, including funds above the goal, on the fundraiser’s page.

Donations to a Targeted Fundraiser are accepted while the fundraiser is ongoing. After the end date or after the fundraiser is closed, it is not possible to donate to it; the Charitable Organization can be supported with a general donation to its statutory activities.

The amount raised for a Targeted Fundraiser shown on the Website includes donations made through the Website as well as funds for that fundraiser received in the Charitable Organization’s bank account or in cash.

As a general rule, a charitable donation is not refunded, because it is a voluntary and gratuitous transfer of funds.

The exception is a technical error, in particular a double charge or a wrong amount caused by a failure. In that case the Donor may send a request to krasnapolsky2022@gmail.com within 14 calendar days of the date of the payment.

In the request, state the date and amount of the payment, the payment method, the payment or order number (if known), and the name and contact details given at payment. Do not send your full card number, CVV/CVC code or any other details that give access to the card.

If the technical error is confirmed, the Charitable Organization refunds the money to the same card (account) from which the payment was made. How long it takes for the money to arrive depends on the Payment service, the payment system and the bank.

The Donor has the right to:

• choose the amount and frequency of the charitable donation;
• cancel a recurring donation at any time (section 5);
• find out how donations have been used from the reports on the Website or by writing to krasnapolsky2022@gmail.com;
• contact the Charitable Organization with questions about the payment and the processing of the Donor’s personal data.

The Donor undertakes to:

• provide accurate details when paying and use only payment instruments that belong to the Donor;
• donate only funds of lawful origin;
• not send the full details of a payment card to the Charitable Organization.

The Charitable Organization has the right to:

• accept charitable donations and use them for its statutory activities;
• refuse to accept a payment or suspend it if there are grounds to believe that the payment was made in breach of the law or of the terms of the Agreement;
• amend this offer in accordance with section 12.

The Charitable Organization undertakes to:

• use charitable donations for their intended purpose (section 6);
• keep records of charitable donations and publish reports on the Website;
• consider Donors’ requests, including requests for a refund of mistakenly charged funds (section 8);
• protect personal data in accordance with the Privacy Policy.

For non-performance or improper performance of the Agreement the parties are liable as provided by the legislation of Ukraine.

The Charitable Organization is not liable for failures of the Payment service, banks, payment systems and the internet that are beyond its control, or for mistakes made by the Donor when entering payment details.

The parties are released from liability for full or partial non-performance of their obligations if it is caused by force majeure: natural disasters, hostilities, acts of public authorities, large-scale failures of networks and payment systems and other circumstances that the parties could neither influence nor foresee.

A party affected by such circumstances notifies the other party without delay. The Charitable Organization does so by a notice on the Website.

The Charitable Organization processes the Donor’s personal data in accordance with the Law of Ukraine “On Personal Data Protection” and the Privacy Policy published on the Website.

By making an acceptance, the Donor confirms that the Donor has read the Privacy Policy.

The Charitable Organization may amend this offer. A new edition takes effect from the moment it is published on the Website with the date of the edition and applies to charitable donations made after that. Donations made earlier are governed by the edition in force at the time of acceptance.

If the Donor does not agree with the new edition, the Donor may cancel a recurring donation (section 5).

Disputes between the parties are resolved by negotiation and, if no agreement is reached, in court in accordance with the legislation of Ukraine.

The Agreement is made in Ukrainian. Translations into English, German and Russian are provided for convenience; in case of discrepancies, the Ukrainian version shall prevail.

If any provision of the Agreement is held invalid, this does not affect the validity of the other provisions.