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Public Offer

Public offer for making a voluntary charitable donation (gratuitous transfer of property, funds) for public benefit (charitable) purposes.

This offer, addressed to an indefinite circle of individuals and legal entities (hereinafter referred to as the “Donor”) who visit the website of the Charitable Organization “Charitable Foundation “BIT MEDIA SPILKA UKRAINE” on the Internet at https://www.bitspilka.org/ (hereinafter referred to as the “Website”), is the official and public proposal of the Charitable Organization “Charitable Foundation “BIT MEDIA SPILKA UKRAINE”, EDRPOU code 45072536 (hereinafter referred to as the “Organization”), represented by the Head of the Foundation, Mykhailo Mykhailovych Protsenko, acting on the basis of the Charter, to conclude 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 means the valid proposal of the Organization posted on the Website to make a charitable donation, addressed to an unlimited number of persons, including the Donor.

Acceptance means full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using payment forms and means posted on the Website, as well as by transferring funds to the Organization’s current account through banking institutions. The moment of Acceptance is the date of the money transfer and/or the date the funds are credited to the Organization’s bank account.

Charitable Donation means the Donor’s voluntary transfer of funds to achieve and implement the goals, objectives, areas, and types of the Organization’s statutory activities in accordance with the Agreement, the Organization’s Charter, and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.

2. Subject Matter of the Agreement

The subject matter of this Agreement is the gratuitous transfer by the Donor to the ownership of the Organization of funds by making voluntary donations for the implementation of the Organization’s statutory activities.

The charitable donation is voluntary and is not subject to subsequent return to the Donor.

The Donor independently determines the amount of the charitable donation.

If desired, the Donor may specify the intended purpose of the charitable donation by choosing from among the programs (projects) and purposes announced by the Organization.

3. Methods of Making a Charitable Donation

  • one-time payment;
  • subscription providing for monthly/annual payments in an arbitrary amount.

This subscription may be cancelled at any time through the user’s bank services (for example, replenishment of a Monobank Jar).

4. Acceptance of the Offer

Acceptance of the Offer means that the Donor agrees with all of its provisions and fully understands and agrees with the subject matter of the Agreement, the purpose of public fundraising, and the right of the Organization to use part of the Donor’s charitable donation for the administrative expenses of the Organization in an amount not exceeding that provided for by the laws of Ukraine.

5. Agreement of the Parties

The Donor and the Organization, guided by Article 207, Part 2 of Article 639, Articles 641 and 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance the Agreement shall be deemed concluded in writing. At the same time, the Parties agree that failure to comply with the written form of the transaction does not mean its invalidity.

6. Rights and Obligations of the Organization

6.1. The Organization has the right to:

  • receive charitable donations and use them to achieve the goals, objectives, areas, and types of the Organization’s statutory activities in accordance with the Agreement, the Organization’s Charter, and the Law of Ukraine “On Charitable Activities and Charitable Organizations”;
  • change the directions of use of the donation within the Organization’s statutory activities without the Donor’s consent;
  • use part of the charitable donation for the Organization’s administrative expenses without the Donor’s consent, in an amount not exceeding that provided for by the laws of Ukraine.

6.2. The Organization is obliged to:

  • use the received charitable donations in accordance with the subject matter and terms of this Agreement, the Organization’s Charter, and the Law of Ukraine “On Charitable Activities and Charitable Organizations”;
  • report on the use of charitable donations in the manner determined by this Agreement and the current legislation of Ukraine.

7. Rights of the Donor

The Donor has the right to control the targeted use of the charitable donation.

8. Place of Public Fundraising

Public fundraising of charitable donations is carried out in any country of the world. The direct activity of the Organization related to public fundraising under the Agreement is carried out at the location of the Organization.

9. Fundraising Period

Public fundraising of charitable donations continues until the liquidation of the Organization, unless another period is determined by the Organization.

10. Purpose of Fundraising and Procedure for Using Charitable Donations

The Organization raises funds to carry out its statutory activities by financing various types of humanitarian and charitable assistance for the population and assistance to the Defense Forces of Ukraine in order to preserve life, ensure the protection of the territory of Ukraine, and further rebuild the country’s infrastructure.

The use of charitable donations collected under the Agreement is carried out through the purchase and supply of various types of charitable and humanitarian assistance directly to people or organizations affected by the armed aggression of the Russian Federation.

This also includes the implementation of charitable programs, projects, and individual campaigns aimed at supporting Ukrainians and other citizens affected by the consequences of war and armed aggression of a foreign state, persons forced to leave their permanent place of residence, children, as well as protecting the lawful interests of beneficiaries in the fields of social protection, social security, human and civil rights and fundamental freedoms, social services, and overcoming the consequences of war, as well as the development and support of these areas in the public interest, and the provision of targeted charitable assistance to persons who need support to satisfy and protect the lawful social, economic, creative, national-cultural, scientific, and other common interests of the participants of the charitable organization and society, as well as the consolidation of efforts aimed at achieving the mission, goals, and implementation of the main objectives.

11. Procedure for General Access to the Organization’s Financial Reports

Access to reports on the use of the Organization’s charitable donations is provided to the Donor upon written request. Other information is provided by the Organization in the manner and within the time limits established by the current legislation of Ukraine.

The Organization may publish reports on the use of charitable donations on the Website.

12. Payment of Fees

All expenses related to the payment of amounts (fees, commissions) associated with the transfer and crediting of charitable donations shall be borne by the Donor.

13. Responsibility of the Donor

The Donor is responsible for the accuracy of the information provided when transferring a voluntary charitable donation.

14. Personal Data Processing

For the purpose of complying with the Law of Ukraine “On Personal Data Protection” and in fulfillment of the terms of the Agreement, the Donor consents to the processing of personal data. The Organization undertakes not to transfer the email address and other information about donors to third parties, except in cases provided for by the current legislation of Ukraine.

15. Meaning of Acceptance

Acceptance also means that the Donor, if an individual, has been informed of and agrees to the following:

  • the Donor grants the Organization unconditional consent to the processing of his/her personal data provided when visiting the Website and/or making a money transfer (hereinafter referred to as “personal data”), and has been informed of the inclusion of such information in the Organization’s personal data database and of all rights regarding the protection of his/her personal data provided for by the current legislation of Ukraine, namely Article 8 of the Law of Ukraine “On Personal Data Protection”;
  • the Organization processes personal data by any means for the purpose of proper implementation of this Agreement and its statutory activities.

16. Regulation of Relations

The relations between the Donor and the Organization shall be governed by the provisions of Ukrainian law.