Public offer
Edition of “18” March 2025
This offer is addressed to an indefinite number of individuals and legal entities (hereinafter referred to as the “Benefactor”) – visitors to the website of the NGO “KNOWLEDGE AND OPPORTUNITIES” (hereinafter referred to as the “Organisation”) on the Internet: https://knowledge-opportunities.org/ (hereinafter referred to as the “Site”), and is an official and public offer of the NGO “Knowledge and Opportunities” (EDRPOU code 45815823), represented by the Head of the Organisation Viktor Petrovych Kuts, acting on the basis of the Charter, hereinafter referred to as the Parties, and each individually as a Party, to enter into a charitable donation agreement (hereinafter referred to as the “Agreement”), the subject matter and essential terms of which are set out below:
1. Terms and definitions:
Public Offer – a current offer of the Organization posted on the Website to make a charitable donation addressed to an unlimited number of persons, including the Donor.
Acceptance – full and unconditional acceptance of the Public Offer 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 Organization through bank institutions. The moment of Acceptance is the date of the money transfer and/or crediting of funds to the bank account of the Organisation.
Charitable donation – a free transfer of funds by the Donor to 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”.
2. Subject of the Agreement:
The subject of this Agreement is a free 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 independently determines the amount of the charitable donation.
The subject matter of this Agreement is not to obtain directly or indirectly any profit for one of the parties to the Agreement.
3. Acceptance:
3.1. 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.
3.2. 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. At the same time, the Parties agree that the failure of the Parties to comply with the written form of the transaction shall not mean its invalidity.
4. Rights and obligations of the Organization:
4.1 The Organization has the right to:
– Receive Charitable Donations and use them in accordance with the subject matter and terms 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.
4.2 The Organization is obliged to:
– Create conditions for the Donor to make a Charitable Donation in accordance with the terms of this Public Offer;
– Use the received donations to achieve the goals provided for by the Charter of the Organisation;
– Keep confidential information (including personal data) received from the Donor, not to transfer it to third parties without the consent of the Donor, except in cases established by the Offer and the current legislation of Ukraine.
5.Rights and Obligations of the Philanthropist:
5.1. The donor has the right:
– To control the targeted use of the charitable donation upon his/her written request.
5.2. The Donor is obliged to:
– Read in detail 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. Public fundraising shall be conducted in any country of the world. The Organization’s direct activities related to the public solicitation of donations under the Agreement shall be carried out at the location of the Organization.
6.2. The public fundraising shall continue until the liquidation of the Organization, unless another term is determined by the Organization.
6.3. The Organization provides the Donor with the opportunity to pay the Charitable Donation by electronic payment on the Website, by transferring funds to the Organization’s bank account (through the MonoPay payment service). The Donor chooses the payment format at his/her own discretion: one-time or regular (with the possibility to cancel regular payments at any time).
6.4. The payment is recognised as made by the Benefactor at the moment of confirmation of a successful transaction by the bank or payment system. All expenses for the transfer of funds to the Organisation’s servicing bank, as well as the cost of paying the payment agent’s commission, shall be borne by the Benefactor.
6.5. The charitable donation paid by the Donor shall not be refundable under any circumstances.
7. The procedure for using charitable donations:
7.1. The Charitable Donations collected under the 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 returned. The liability of the parties for violation of the terms of this Agreement or the procedure for using the Charitable Donation is provided for by the requirements of the current legislation of Ukraine.
7.2. The Donor or persons authorised by the Donor shall have the right to control the intended use of the Charitable Donation.
7.3. Procedure for public access to the financial statements of the Organisation:
Access to the financial statements of the Organisation regarding the use of the Charitable Donation is provided by the Donor upon his/her written application.
Other information is provided by the Organisation in the manner and within the time limits stipulated by the legislation of Ukraine.
8. Responsibility of the parties
8.1. In case of non-fulfilment or improper fulfilment 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 fulfil its obligations under the Offer.
9. Confidentiality and protection of personal data
9.1. By making the Acceptance, the Benefactor confirms that he/she is familiar with and agrees to the collection and processing of personal data.
9.2. The Organisation collects and processes the Donor’s personal data in order to fulfil its obligations under the Offer.
9.3. The Donor’s personal data will be processed by the Organisation in accordance with the current legislation and the Law of Ukraine “On Personal Data Protection”.
9.4. The Donor agrees that after entering information about himself/herself during the Charitable Donation, subscribing to the Organisation’s news or registering on the Website, the Organisation may send letters and messages, including advertising, to the Donor’s e-mail address or contact phone number, and in addition, the Organisation has the right, without the consent of the Donor, to publish the Donor’s surname, name and patronymic or the name of the Organisation’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.
10. Validity of the Offer, amendments and additions
10.1. The Public Offer shall enter into force from the date of its posting on the Website and shall be valid until the liquidation of the Organization, unless otherwise specified by the Organization. The provisions of this clause shall also apply to additions (changes) to the Offer.
10.2. The Organisation has the right to change the terms of the Public Offer without further notice to the Donor. The Organization reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new version of the Offer on the Website.
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.
9.4. Acceptance of this Public Offer by the Benefactor shall be made by making a Charitable Donation.
10. Dispute resolution
10.1. Disputes arising from the performance of the Agreement on the terms of the Offer shall be resolved by the Parties through negotiations. A claim shall be submitted by the Parties to each other in writing by registered mail with acknowledgement of receipt, within a period not exceeding 10 (ten) calendar days from the date of occurrence of the cause of the dispute. The received claim shall be considered within 10 (ten) calendar days calculated from the date of delivery of the claim to the other Party.
10.2. If no agreement can be reached, the disputes arising shall be subject to consideration in accordance with the procedure provided for by the current legislation of Ukraine.
10.3. In all other matters not covered by this Offer, the Parties shall be governed by the current legislation of Ukraine.
11. Force major
11.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the terms of the Offer if such 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 fulfilment of obligations under such Agreement shall be extended for the duration of such circumstances and their consequences.
11.2. The Party that is unable to fulfil its obligations under the Agreement as a result of force majeure circumstances and their consequences shall notify the other Party in writing within 15 days of the beginning or end of such circumstances, as well as provide documentary evidence of their existence.
11.3. Failure to notify or untimely notification of force majeure circumstances shall deprive the relevant Party of the right to refer to these circumstances as exempt from liability. Notification of the Organisation of the occurrence of force majeure is possible, inter alia, by posting relevant information on the Website.
11.4. The existence and duration of force majeure shall be confirmed by certificates issued by the relevant state authorities of Ukraine.
12. Information about the Organisation
PUBLIC ORGANISATION “KNOWLEDGE AND OPPORTUNITIES”
14032, Ukraine, Chernihiv, 150 Volodymyr Kovalenko St., bldg. 2
EDRPOU: 45815823
UA693220010000026008700000921
in JSC “Universal Bank”