Public Offer on Making a Voluntary Charitable Donation
This Offer is addressed to an unlimited circle of persons — individuals and legal entities — visiting the website https://aquatec.in.ua/bo/ (hereinafter — the “Website”), hereinafter referred to as the “Donor”, and is an official public proposal of the charitable organization “Charitable Fund ‘AQUATEC-UKRAINE’” (hereinafter — the “Fund”), represented by the Fund’s President Vasyl Dmytrovych Honcharenko, acting under the Statute, to conclude a donation agreement (hereinafter — the “Agreement”) under the terms and conditions set out below.
1. Terms and Definitions
Acceptance — full and unconditional acceptance of this Offer by making a money transfer via payment forms and tools available on the Website, or by transferring funds to the Fund’s bank account through banking institutions. The moment of Acceptance is the date funds are credited to the Fund’s account.
Payment — a voluntary charitable donation.
Voluntary charitable donation — a transfer of funds by the Donor to achieve the goals and activities of the Fund pursuant to this Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
Donor — a legally capable individual or legal entity that has accepted the Offer.
2. Subject of the Agreement
The subject of this Agreement is the free-of-charge transfer by the Donor of funds to the Fund to achieve the Fund’s statutory goals and activities.
Acceptance of the Agreement means the Donor agrees with all its provisions and fully understands the subject and purpose of the donation.
The Agreement is concluded by the Donor’s unconditional and full accession to the Agreement and acceptance of all essential terms.
The Parties agree (pursuant to Articles 207, 639(2), 641, 642 of the Civil Code of Ukraine and Article 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”) that this Agreement is considered concluded in writing without the Parties signing a paper copy, from the moment the Donor performs actions indicating consent to its terms.
The Agreement is posted on the Website https://aquatec.in.ua/bo/ for free access in a way that allows any person contacting the Fund to familiarize themselves with its content.
The Donor may NOT propose their own terms of the Agreement.
3. Rights and Obligations of the Parties
The Fund has the right to:
- Receive voluntary charitable donations and use them to achieve the Fund’s statutory goals and activities in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
- Provide, upon the Donor’s request, a report on the received donation and its use.
The Donor has the right to:
- Transfer a voluntary charitable donation to the Fund in the manner specified in the Agreement;
- Request a report on the use of the donation.
4. Territory of Fundraising
Fundraising is carried out worldwide.
5. Term of Fundraising
Fundraising continues until the Fund’s liquidation unless another term is determined by the Fund.
6. Use of Donations
Donations are used in accordance with the Fund’s purpose, goals and activities defined in its Statute. Donations may be returned to the Donor in cases provided by Ukrainian law.
If, for objective reasons, a donation cannot be used for the specified purpose (sufficient funds have been collected, the need has ceased, etc.), the Donor agrees that the Fund may use the donation for similar purposes within its statutory activities.
If a specific project for which a donation was made cannot be implemented or becomes impossible to implement, the remaining or unused funds are directed by the Fund to other charitable programs and projects aligned with the Fund’s statutory activities.
By making a donation, the Donor unconditionally agrees to such reallocation and use of their funds in other current projects of the Fund.
7. Fund’s Liability
The Fund’s liability for violation of this Agreement or the procedure for using donations arises on the grounds, in the amount and in the manner provided by the legislation of Ukraine.
8. Reporting
Access to reports on the use of donations is provided to the Donor upon written request. Other information is provided by the Fund in the manner and within the time limits stipulated by Ukrainian law. The Fund may publish reports on the Website.
All costs (fees, charges, taxes, etc.) related to transferring and crediting the donation are borne by the Donor.
The Donor understands and agrees that the donation is made consciously and voluntarily directly to support the Fund’s statutory activities.
9. Other Provisions
The Donor independently determines the amount of the donation.
The donation is voluntary and non-refundable.
The Donor is responsible for the accuracy of information provided when making the donation. To comply with the Law of Ukraine “On Personal Data Protection” and for the performance of this Agreement, the Donor consents to the processing of personal data.
The relations between the Donor and the Fund are governed by the legislation of Ukraine.
If a donation is made for a specific project or fundraising and that project is completed, closed or loses relevance, the Donor agrees that the Fund may use the remaining or unused funds for other charitable projects of the Fund. Such use is not considered a change of the donation’s purpose and complies with the Fund’s statutory aims.