CONTRACT – OFFER
Public offer to make a voluntary charitable donation

This offer, addressed to an unspecified circle of individuals – individuals and legal entities – visitors to the website on the Internet: https://indomitablespirit.com.ua (hereinafter – the Site), hereinafter referred to as “Benefactor”, and is an official and public offer of the CHARITABLE ORGANIZATION “THE CHARITABLE FOUNDATION “AN INDOMITABLE SPIRIT”, hereinafter referred to as the “Fund”, in the person of the director of the fund Oksana HONTA, acting on the basis of the Charter, to conclude a charitable voluntary donation agreement (hereinafter – the Agreement), the subject and essential conditions of which are indicated below:

1. Definition of terms
1.1. The parties are the Benefactor and the Fund.
1.2. 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 Site, as well as by transferring funds to the Fund’s current account through bank institutions. The moment of Acceptance is the date of transfer of funds to the Fund’s current account.
1.3. Payment is a voluntary charitable donation.
1.4. Voluntary charitable donation – money transfer and/or provision of things made by the Benefactor to achieve the goals, objectives, directions and types of statutory activities of the Foundation in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.

2. Subject of the Agreement
2.1. The subject of this Agreement is the free transfer by the Benefactor for the benefit of the Fund of funds and/or the provision of things to achieve the goals, objectives, directions and types of statutory activities of the Fund.
2.2. Acceptance of the Agreement means that the Benefactor agrees with all its provisions, he is fully aware of the subject of the Agreement and the purpose of collecting donations.
2.3. The Agreement is concluded by the Benefactor’s unconditional and full accession to this Agreement and acceptance of all essential terms of the Agreement.
2.4. Benefactor and the Foundation, guided by Art. 207, Part 2 of Art. 639, Art. Art. 641, 642 of the Civil Code of Ukraine, Art. 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”, agree that the Agreement is considered concluded in writing without signing a written copy by the Parties from the moment the Benefactor takes the actions provided for in the Agreement, which indicate the agreement to comply with the terms of the Agreement.
2.5. The Agreement is posted on the website https://indomitablespirit.com.ua in a freely accessible manner and in a way that ensures familiarization with the contents of this Agreement for every person who applies to the Fund.
2.6. The benefactor cannot offer his terms of the Agreement.

3. Rights and obligations of the Parties
3.1. The fund has the right to:
3.1.1. To receive voluntary charitable donations and use them to achieve the goals, objectives, directions and types of statutory activities of the Foundation in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
3.1.2. At the Benefactor’s request, provide a report on the voluntary charitable donation received and its use.
3.2. The Benefactor has the right to:
3.2.1. Transfer a voluntary charitable donation to the Fund’s account in the manner specified in the Agreement;
3.2.2. Transfer a voluntary charitable donation of things in a manner agreed upon by the Parties by means of communication.
3.2.3. Request a report on the use of a voluntary charitable donation.

4. Place of voluntary charitable donation
4.1. A voluntary charitable donation can be made on the territory of any country in the world.

5. Term of collection of voluntary charitable donations
5.1. The collection of voluntary charitable donations continues until the moment of liquidation of the Fund, unless another term is determined by the Fund.

6. Confidentiality and protection of personal data
6.1. By providing personal data on the Foundation’s website when registering an Application or transferring a donation, the Benefactor gives the Foundation their voluntary consent to the processing, use (including transfer) of their personal data, as well as to other actions provided for by the Law of Ukraine “On the Protection of Personal Data” , without limiting the term of such consent.
6.2. The Benefactor is responsible for the accuracy of the information provided when providing items or transferring the Donation.

7. Other conditions
7.1. All expenses for the payment of sums related to the transfer of the donation are borne by the Benefactor.
7.2. The Benefactor independently determines the size of the voluntary charitable donation.
7.3. Donation is voluntary and non-refundable.
7.4. The voluntary charitable donation will be used by the Fund in full in accordance with the purpose specified by the Benefactor when making the donation: army aid, humanitarian aid or at the discretion of the foundation (army aid or humanitarian aid). In exceptional cases, in case of leaving surplus funds or in case of cancellation of the planned project, such funds may be used by the Fund to fulfill its other statutory tasks without complying with the purpose of payment specified by the Benefactor.
7.5. The provisions of Ukrainian legislation apply to the relations between the Benefactor and the Foundation.