Public offer on providing charitable donation
Last modified on: 10/20/2022
This public offer (the “Public Offer”) is addressed to the unidentified number of individuals (the “Benefactor(s)”) – the visitors of the website of
https://childrenofheroes.org/ (the “Website”), who seek to make a charitable donation through the Website. This Public Offer is an official and public offer of CHILDREN OF HEROES OF UKRAINE FOUNDATION (“Beneficiary”) to conclude a Charitable Donation Agreement (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 hereunder at his/her own discretion.
The purposes hereunder are:
Achievement of the aim and directions of the Beneficiary’s activity, in particular, carrying out charitable activities in the interests of society and specific categories of persons, providing charitable and social support to children and their families, including children left without parents during the military aggression of the Russian Federation against Ukraine.
The transfer of funds to the Beneficiary hereunder is charitable assistance for statutory purposes in the meaning of the laws of the state of Delaware.
The sphere of charitable assistance is financial and material assistance; social support; health care; guardianship and custody, legal representation and legal assistance; human and civil rights and fundamental freedoms; promoting the implementation of state, regional, local, and international programs aimed at improving the social and economic situation in Ukraine; other areas not prohibited by current legislation.
Type of charitable assistance is the 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 laws of the state of Delaware.
The funds, transferred as a charitable donation hereunder must be used at the discretion of the Beneficiary according to the statutory goals and objectives of the Beneficiary and the purposes indicated in paragraph 2 hereof.
In case if the funds are transferred by the Benefactor within a separate personalized collection of funds (charitable donations) for a particular child on the Website of the Beneficiary, the Benefactor agrees that 30% of the collected funds will be transferred to directly for this particular child (after deduction of any fees and commissions, the Beneficiary may incur when transferring funds to their own bank accounts), while the Beneficiary may use the remaining part at its sole discretion in accordance with its statutory goals (including for the long-term assistance for the respective child, for the assistance of other families and children of whom the Beneficiary takes care within its statutory activities, for the management and administrative expenses of the Beneficiary). The Benefactor acknowledges and agrees that the ways of use of funds (charitable donations) received by the child or their family are independently determined by the parents (guardians).
In case if the funds are transferred by the Benefactor within a separate collection of funds (charitable donations) for a particular project on the Website of the Beneficiary, the Benefactor agrees, that the collected funds will be transferred for this particular project after deduction of any fees and commissions, the Beneficiary may incur when transferring funds to their own bank accounts.
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 and the Charter of the Beneficiary. Herewith, the use of funds for administrative expenses of the Beneficiary in the amount defined by the laws of the state of Delaware shall not be considered a misuse.
The Parties also declare and confirm that the charitable donation under this Agreement shall be transferred in accordance with the following principles / constraints:
the purpose of the charitable donation is not to induce or reward the Beneficiary or third parties for any illegal actions or evasion of legal obligations in the interests of the Benefactor and/or third parties; a charitable donation is not provided to induce or be in exchange for past or anticipated provision of the products of Benefactor or its affiliates, or to provide any other sales-related benefits to the Benefactor or its affiliates;
a charitable donation is not promotional in nature, shall not be perceived as having a promotional bearing, and shall be independent of contributions or control by the Benefactor or its affiliates.
The Benefactor does not expect, estimate or receive any benefit or return from the donation under this Agreement.
In providing assistance and in carrying out its activities, the Beneficiary is guided by the Charter and internal rules for the use of the charitable donations received. In view of this, the person who requested assistance, and the Benefactor cannot in any way influence the decision-making of the Beneficiary if such decisions are made in accordance with law and Charter of the Beneficiary. The Beneficiary shall not be liable for meeting the expectations of the Benefactor as to the concrete actions of the Beneficiary as to the distribution of the charitable donations.
Charitable donation procedure
The Benefactor makes the charitable donation through the functionality available on the Website, namely through the functionality of the Fondy system that is embedded in the Website, PayPal, and via direct bank transfer.
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 or other financial institution servicing their current accounts.
Rights and obligations of the Parties
By reading the Public Offer, the User agrees and accepts the following:
- has the right to be recognized as the Benefactor hereunder;
- has the right to receive information on the performance hereof by the Beneficiary, in particular, the Beneficiary’s reporting in the scope envisaged by law and the Charter;
- has the right to terminate this Agreement in case of use of the charitable donation contrary to the statutory goals and objectives of the Beneficiary, and the purposes indicated in paragraph 2 hereof.
- shall accept the funds transferred to its 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 Charter in compliance with the current requirements of laws of the state of Delaware on the use of charitable donations, beneficiaries’ activities, charitable aid, and the highest standards such activities are normally subject to;
- shall comply with all applicable laws, conventions, regulations, rules, 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 another 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 any state or local government department, employee or officer of a 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 persons similar to the mentioned above by its status under laws of the state of Delaware.
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.
The Beneficiary shall independently and at his own expense maintain tax and accounting records that accurately and clearly reflect the implemented operations/transactions relating to the 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 the resolution of the respective court of the state of Delaware.
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
This Agreement is regulated and interpreted in accordance with the substantive laws of the state of Delaware. In cases not provided for hereby, the Parties shall be governed by the current laws of the state of Delaware.
Details of the Beneficiary
CHILDREN OF HEROES OF UKRAINE FOUNDATION
Business address: 514 N Washington St, Denver Co 80203
Registration address: 251Little Falls Drive, Wilmington Delaware 19808