Date of publication: 01.04.2020
This public offer (the “Public Offer”) is addressed to the unidentified number of individuals (the “Benefactor(s)”) – the users of the website of NON-GOVERNMENTAL ORGANIZATION “TECHUKRAINE” https://techukraine.org/ (the “Website”), and is official and public offer of NON-GOVERNMENTAL ORGANIZATION “TECHUKRAINE” (“Beneficiary”) to conclude an Agreement on charitable donation (the “Agreement”) on the terms stipulated below.
The Beneficiary reserves the right to make amendments to this Public Offer. Information on such amendments will be published on the Website.
SUBJECT MATTER OF THE AGREEMENT
The subject matter of this Agreement is a free of charge and voluntary transfer of funds made by the Benefactor into the ownership of the Beneficiary in order to achieve the purposes stipulated by this Agreement. The Benefactor defines the amount of funds to be transferred at his/her own discretion.
The purposes hereunder are:
realizing the purpose and directions of the Beneficiary’s activity, in particular, to promote the development of the IT ecosystem in order for Ukraine to achieve European and world leadership in the IT industry in the coming years.
The transfer of funds to the Beneficiary hereunder is a charitable assistance for Statutory Purposes in the meaning of the Law of Ukraine “On charitable activities and charitable organizations”.
The sphere of charitable assistance is education, stimulation of economic growth and development of the economy of Ukraine and its separate regions and increase of competitiveness of Ukraine.
Type of charitable assistance – free transfer of funds to the Beneficiary.
The Benefactor hereunder shall be the benefactor and the Beneficiary shall be the beneficiary in the meaning of the Law of Ukraine “On charitable activities and charitable organizations”.
The funds transferred as a charitable donation hereunder must be used according to their designated purpose.
The Parties have agreed hereunder to consider the following as misuse of funds obtained by the Beneficiary as a charitable donation: use of the funds for purposes other than those provided by this Agreement. Herewith, the use of funds for administrative expenses of the Beneficiary in the amount defined by the Law of Ukraine “On charitable activities and charitable organizations” shall not be considered as misuse.
The Parties also declare and confirm that the charitable donation under this Agreement shall be transferred in accordance with the following principles / constraints:
a charitable donation is not provided to induce or reward for committing by the Beneficiary and/or any third party of any illegal actions or for evasion to comply with legal obligations in the interests of Benefactor and/or third parties;
a charitable donation is not provided to induce or be in exchange for past or anticipated prescription of the products of Benefactor or its affiliates, or to provide any other sales-related benefit to the Benefactor or its affiliates;
a charitable donation is not promotional in nature, shall not be perceived as having promotional bearing, and shall be independent of input or control by the Benefactor or its affiliates;
No tangible benefit or return is expected, estimated or received by the Benefactor.
CHARITABLE DONATION PROCEDURE
The Benefactor makes the charitable donation through the functionality available on the Website, namely through the functionality of the Liqpay system that is embedded in the Website. The Beneficiary does not impose any additional fees or commissions for the funds transfer.
The LiqPay system is a payment service of JSC CB “PRIVATBANK”, acting on the basis of NBU License No. 22 dated October 5, 2011, bank code 305299, identification (registration) number: 14360570, address: 01001, Kyiv, Hrushevskoho St., 1D) (“Bank”), designed to facilitate the settlement of payments between individuals, legal entities and/or individual entrepreneurs via the Internet through personal computers and/or other mobile devices.
The Benefactor understand and agree that for the performance of the funds transfer, his/her personal data (for instance, name and surname) and financial information (for instance, number of credit/debit card, the date of its expiration, CVV code) will be transferred for the processing by the Bank. Herewith, the Beneficiary does not receive any such data or information. The Bank ensures the confidentiality and non-disclosure of the Benefactor’s financial information, in particular, information on transactions, credit/debit card, as well as ensures the confidentiality and non-disclosure of the Benefactor’s personal data.
The charitable donation shall be considered as transferred to the Beneficiary and as accepted by the latter on the day of receipt of the funds to the Beneficiary’s bank account.
The Benefactor and the Beneficiary shall independently pay for services required for the performance hereof, which are provided by the bank servicing their current accounts.
RIGHTS AND OBLIGATIONS OF THE PARTIES
has the right to be recognized as the Benefactor hereunder;
has the right to control the performance of the Beneficiary’s undertakings hereunder, in particular, the Benefactor may ask for the report regarding the use of the funds;
has the right to terminate this Agreement in case of misuse of funds.
shall accept the funds transferred to its bank account as a charitable donation according to this Agreement;
shall use the funds received as a charitable donation exclusively for the purposes provided for by the Benefactor herein in compliance with the current requirements of Ukrainian legislation to the use of charitable donations, beneficiaries’ activities, charitable aid, and the highest standards such activities are normally subject to;
shall purchase the goods and services required to achieve the purposes, stipulated in this Agreement, at a price not exceeding the fair market price;
shall comply with all applicable laws, conventions, regulations and industry codes of practice, in particular, applicable anti-corruption laws and regulations;
shall not seek, accept, offer, promise, and/or give to any third party, both individual and legal, either directly or indirectly, any money or other property, benefits, privileges, services, intangible assets (collectively – “Illegal benefit”), as a condition or result of receiving by Beneficiary or Benefactor any undue advantage.
When performing these obligations in accordance with this Agreement, neither Beneficiary, nor any third party acting on behalf of the Beneficiary, did and will do in the future, directly or indirectly, any offer, promise or bribery, rewards, and other kind of bribe payments, or bestowing which are intended to improperly influence Government officials or Representatives of Private companies to use their power (authority), or exercise influence to assist the Benefactor or for the Benefactor benefits associated with the activities of the Benefactor.
For the purposes of this clause, a “Government Official” shall include any employee of foreign governments, other civil servants performing government functions, any officer or employee of a state or local government or of any state or local government department, employee or officer of state institution, agency or government-controlled or owned entity, including a government-controlled or owned health care institution, or of a public international organization, or any person acting in an official capacity for or on behalf of any of the foregoing, or a member of any political party, or a candidate for a political office, or a person directly associated with the Government Official including staff, business partners, close relatives, and other person similar to the mentioned above by its status under Ukrainian legislation.
For purposes of this clause, a “Representative of a Private company” shall include officers and employees of private legal entities, except persons directly associated with the Government Official.
Beneficiary shall independently and at his own expense maintain tax and accounting records that accurately and clearly reflects the implemented operations / transactions relating to Beneficiary’s performance of the obligations hereunder, including, but not limited to, records of payments made or received by the Beneficiary, costs incurred by the Beneficiary under this Agreement.
SETTLEMENT OF DISPUTES
All disputes and discrepancies arising between the Parties under the Agreement are subject to settlement by means of consultations and negotiations.
If a certain dispute is impossible to solve by means of negotiations, it shall be settled in court by transferring the dispute to resolution of the respective court of Ukraine.
TERM AND TERMINATION. AMENDMENTS TO THE AGREEMENT
This Agreement shall become effective upon the Beneficiary’s acceptance of the charitable donation and shall remain in force until both Parties’ obligations are fulfilled.
In cases not provided for hereby the Parties shall be governed by the current legislation of Ukraine.
This Agreement has been drawn up in Ukrainian and English. Both the Ukrainian and the English texts shall be of equal legal standing. In the event of any discrepancy between the texts, the Ukrainian text shall prevail.
DETAILS OF THE BENEFICIARY
NON-GOVERNMENTAL ORGANIZATION “TECHUKRAINE”
Identification number: 40693793
Location (registered address):
01030, Kyiv city, Simii Khokhlovykh street, 7, room 536
Other relevant data:
The Beneficiary is entered in the Register of non-profit institutions and organizations and is provided with a sign of a nonprofit organization [the feature of non-profit organization code 0036] according to the Decision № 1926594600474 of 07.10.2019.