Public offer of NGO "Techiia Foundation" on the provision of charitable assistance (donations) as of November 08, 2022
 

1. General provisions

1.1. This document is a proposal (offer) of the NGO "Foundation Techiia Foundation, represented by President Krot Oleg Alexandrovich, acting on the basis of the charter (hereinafter - "Techiia Foundation") to conclude an agreement on the provision of charitable assistance (donations) (hereinafter - the "Agreement") on the terms and conditions specified in this offer with each person, who is a user of the Techiia Foundation website available at the domain https://techiia-fund.org/en (hereinafter - the "Website"), and who wishes to provide charitable assistance (donation) and has expressed its intention to accept this offer (hereinafter - the "Benefactor"). Techiia Foundation and the Benefactor are hereinafter referred to as the "Parties", and each separately as a "Party".
1.2. The Offer is valid from the moment of its publication on the Website and may be amended or withdrawn at any time prior to its acceptance by the Benefactor.
1.3. The terms of the Agreement are defined in Sections 2-7 of this offer.
1.4. Full and unconditional acceptance of the offer is the implementation by the Benefactor of charitable (donation) in favor of the Techiia Foundation by transferring property or sending funds through payment systems on the Site or transferring to the current account of the Techiia Foundation through bank institutions (hereinafter - "Acceptance").
1.5. The moment of Acceptance and conclusion of the Agreement is the day of transfer of property or crediting funds to the bank account of the Techiia Foundation.

 2. Subject of the Agreement

2.1. Under the Agreement, the Benefactor voluntarily and free of charge transfers to the Techiia Foundation property or money (charitable assistance) to the Techiia Foundation to achieve the tasks and objectives of the Techiia Foundation, as set out in its charter or other decisions of its governing bodies. governing bodies.
2.2. The Techiia Foundation independently determines the areas of use of charitable assistance (donations) within its own statutory activities, achievement of its goals and objectives, implementation of programs and individual projects (hereinafter - the "Purposes of Use").
2.3. The benefactor at the time of acceptance of this offer may, if desired, indicate the purpose purpose of charitable assistance (donation), choosing among the announced programs and projects of the Techiia Foundation. Otherwise, the Benefactor agrees with the Purposes use in accordance with clause 2.2. of the Agreement.
2.4. The transfer of funds by the Donor under the Agreement is recognized as a charitable donation in accordance with Art. 6 of the Law of Ukraine "On Charitable Activities and Charitable Organizations" and in case of donation of currency values is not subject to mandatory notarization.
2.5. Charitable aid (donation) under this Agreement is provided by the Donor without postponing or canceling circumstances.
2.6 The Techiia Foundation does not operate for profit.
2.7. The Agreement does not provide for the payment of any remuneration or compensation to the Benefactor on behalf of or on behalf of the Techiia Foundation, or the Benefactor's profit.

3. Rights and obligations of the Parties

3.1. Techiia Foundation undertakes to use the charitable donation (donation) of the Donor for the Purpose of use and in accordance with the legislation of Ukraine. 

3.2. Techiia Foundation has the right to: (donations) for the Purpose of Use;
3.2.2. without the consent of the Donor to change the directions of use of the donation within the within the statutory activities of the Techiia Foundation, if these changes, at the discretion of the Techiia Foundation, will more effectively contribute to the achievement of the objectives of the Techiia Foundation;
3.2.3. without the consent of the Donor to use part of the charitable aid (donations) for administrative and other expenses of the Techiia Foundation, in the amount not exceeding than is provided for by the legislation of Ukraine.
3.3 The Donor has the right to receive information about the use of his/her charitable assistance (donation) to exercise control over its intended use. In order to confirm the use of charitable donations for the Purpose of use, Techiia Foundation may publish reports on the Website. At the written request of the Donor, the Techiia Foundation may also confirm the intended use of charitable assistance (donations) with additional documents. Other information is provided by the Techiia Foundation in the manner and within the terms provided by the current legislation of Ukraine.
3.4. By providing charitable assistance (donation), the Donor unconditionally states that he has full civil capacity, is aware of the consequences of his actions and voluntarily makes a donation, that he has the right to dispose of the funds donated as charitable assistance (donation) to the Techiia Foundation, that these funds funds were not acquired in violation of the Law of Ukraine "On Prevention and Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, financing of terrorism and financing the proliferation of weapons of mass destruction", as well as that the Benefactor does not violate any other norms of the current legislation of Ukraine and / or the rights of third parties by providing charitable assistance (donation).

4. The procedure for providing charitable assistance

4.1 Charitable assistance (donation) is provided through the transfer of property by the Benefactor, which is confirmed by an act of acceptance and transfer of property or consignment notes or by making a money transfer to the Techiia Foundation through by means of payment systems on the Website or transfer to the current account of the Techiia Foundation through bank institutions.
4.2. The amount of charitable assistance (donation) is determined by the Donor voluntarily and independently.
4.3. Charitable assistance (donation) is not refundable, except as expressly defined in the legislation of Ukraine. 

4.4. All expenses for the transfer of property and/or payment of amounts (commissions) related to delivery, transfer and crediting of charitable aid (donation) shall be borne by the Benefactor.

5. Responsibility of the Parties and dispute resolution procedure

5.1. For non-performance or improper performance of the provisions of the Agreement, the Parties shall bear liability determined by the current legislation of Ukraine.
5.2. In case of claims of third parties to the Techiia Foundation in connection with the provision by the Donor of a charitable donation and / or breach by the Donor of guarantees under clause 3.4. of the Agreement, the Benefactor undertakes to independently settle such claims of third parties and reimburse the Techiia Foundation for all losses incurred, including including the expenses of the Techiia Foundation incurred in connection with such claims, including, but not but not limited to legal fees, court fees, etc.
5.3. In case of disputes between the Parties, they shall take measures to resolve them through negotiations. If it is impossible to resolve disputes through negotiations, disputes are considered by the courts in the manner prescribed by the current legislation of Ukraine.

6. Term and procedure for concluding the Agreement

6.1. The Agreement is considered to be concluded from the moment of Acceptance and is valid until the use of charitable assistance (donation) for the Purpose of use, and in terms of responsibility and obligations specified in clauses 3.3., 3.4. - within 3 (three) years from the date of conclusion of the Agreement.
6.2. The Parties, in accordance with Part 1 of Art. 205, Part 1 of Art. 207 of the Civil Code of Ukraine, concluded this Agreement by means of technical means of communication, by fixing its content in a public offer (proposal) available at the link: https://techiia-fund.org/en/public-offer, Terms of Use of the Site and Privacy Policy, as well as in letters, acts of acceptance and transfer, consignment notes, payment orders and other documents exchanged by the Parties or sent by them to information and telecommunication systems.

 7. Final provisions

 

7.1. The Agreement is governed by the substantive and procedural law of Ukraine.
7.2. Terms of use of the Site, available at https://techiia-fund.org/en/terms-of-use, as well as Privacy Policy, which defines the procedure for processing personal data of users Website, available at https://techiia-fund.org/en/privacy-policy, are integral parts of the Agreement and are binding on the Parties.
7.3. The Parties agreed that a printed copy of the Agreement and the offer and any messages/letters exchanged by the Parties is admissible evidence in court for resolution of disputes that may arise on the basis of or in connection with the Agreement.
7.4. The version of the Agreement in Ukrainian is available at the link: https://techiia-fund.org/en/public-offer, and in English - at the link: https://techiia-fund.org/en/public-offer. In case of discrepancies between the language versions versions, the Ukrainian version of the Agreement shall prevail.

8. Details of Techiia Foundation

Name: NGO “Techiia Fundation”
Registration number: 43166700
Legal address: 02095, Ukraine, Kyiv, str. Knyazhy Zaton, 16-B
Physical address: 02081, Ukraine, Kyiv, Dniprovska naberezhna, 21
Multicurrency account:
IBAN code (Ukrainian hryvnia): UA 29 339050 00000 26007001091361
IBAN code (US dollar): UA 29 339050 00000 26007001091361
IBAN code (Euro): UA 29 339050 00000 26007001091361
Name of the bank: CRYSTALBANK JOINT STOCK COMPANY
SWIFT code of the bank/BIC: CRBPUAUK
Intermediary institution:
The name of the bank: FIRST UKRAINIAN INTERNATIONAL BANK KIEV UA
FUIBUA2X
through
Name of the bank: The BANK of NEW YORK MELLON, New York. USA
SWIFT code of the bank/BIC: IRVTUS3N