Logo - Second Wind
Support
Club

Public offer agreement

FOR CHARITABLE DONATION

1. GENERAL PROVISIONS

1.1. This Public Offer for charitable donation (hereinafter referred to as the “Offer”) is an offer of the CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION “SECOND WIND UA”, identification code of legal entity 45714765, located at:

Apartment 122, Building 15-B, Holosiivskyi Avenue, Kyiv, 03029, Ukraine

(hereinafter referred to as the “Foundation”)

to an indefinite scope of individual persons and legal entities of private law who voluntarily carry out charitable activities (hereinafter referred to individually as the “Benefactor”) to conclude an agreement for charitable donations (hereinafter referred to as the “Agreement”) on the terms and conditions described in this Offer with each Benefactor.

1.2. This Offer shall become effective from the moment it is posted on the Foundation’s Website at:

https://secondwindua.org/public-offer

(hereinafter referred to as the “Website”).

This Offer is open-ended and may be amended or revoked by the Foundation at any time (prior to its acceptance by the Benefactor) by posting relevant information on the Website.

1.3. The Foundation may enter into agreements for charitable donations in a different manner and/or under different conditions than those provided for in this Offer.

The Benefactor may separately contact the Foundation to conclude such an Agreement.

2. SUBJECT OF THE AGREEMENT

2.1. Under this Agreement, the Benefactor shall transfer, free of charge and irrevocably, funds as a voluntary charitable donation to the Foundation for the purpose of supporting its statutory activities and covering its administrative expenses.

The Foundation shall accept such charitable donation and undertake to use it for carrying out its charitable activities in accordance with its Articles of Association and the legislation of Ukraine.

2.2. The transfer of funds by the Benefactor under this Agreement shall be recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

2.3. The Benefactor shall independently determine the amount of the charitable donation.

The Benefactor has the right to request and receive from the Foundation information regarding the nature and amount of charitable assistance required for specific purposes of the Foundation’s activities, as well as information about the Foundation’s charitable programs, in order to determine the intended use of the charitable donation before making it.

2.4. If the Benefactor specifies in the payment purpose the objective indicated in the relevant public fundraising announcement published on the Website (including the implementation of charitable programs or projects or assistance to a specific beneficiary), the Foundation shall use the charitable donation for the purpose specified by the Benefactor.

If, due to objective reasons (including sufficient funds already being raised for the stated purpose, disappearance of the need for assistance, etc.), the charitable donation cannot be used for the specified purpose, the Benefactor agrees that the Foundation shall have the right and obligation to use the charitable donation for other purposes within the scope of the Foundation’s statutory activities.

2.5. The conclusion and performance of this Agreement are not intended to generate profit for either Party.

3. ACTIVITIES OF THE FOUNDATION

3.1. The Foundation carries out charitable activities in the fields of education, sports and physical education, healthcare, protection of human and civil rights and fundamental freedoms, preservation of cultural heritage, assistance in protecting the population during emergencies in peacetime and under martial law, provision of charitable assistance to the Armed Forces of Ukraine, as well as other types of charitable activities in accordance with its Articles of Association.

3.2. The Foundation’s activities are not aimed at generating profit.

3.3. The Foundation’s Articles of Association, information about its activities, and reports on the results of its work are available on the Website.

4. MAKING A DONATION AND ACCEPTING THE OFFER

4.1. The Benefactor independently determines the amount of the charitable donation and makes it by:

  • making a money transfer using the payment forms and instruments available on the Website; or
  • transferring funds to the Foundation’s bank account through banking institutions.

Charitable donations are perpetual, and the period during which they may be used by the Foundation is not limited.

4.2. In accordance with this Offer and the Agreement, charitable donations shall be provided by Benefactors and used by the Foundation to carry out and support its charitable activities (including the implementation of charitable programs and statutory objectives) in accordance with the Foundation’s Articles of Association and the legislation of Ukraine.

The Benefactor agrees with this intended purpose of the donation.

4.3. The Benefactor also has the right to designate a specific purpose for the donation within the scope of the Foundation’s objectives, areas of activity, and charitable programs by entering into a separate charitable donation agreement with the Foundation in accordance with clauses 1.3 and 2.3 of this Offer.

4.4. Charitable donations received by the Foundation shall be used in the order in which they are received.

4.5. When making a donation, the Benefactor shall provide contact information necessary for proper identification, including:

  • first and last name;
  • name of the legal entity (if applicable);
  • email address;
  • telephone number;
  • any other information necessary to identify the Benefactor.

4.6. Acceptance of this Offer shall be deemed complete and unconditional when the Benefactor transfers charitable donation funds to the Foundation using one of the methods specified in clause 4.1 above (hereinafter referred to as the “Acceptance”).

By accepting this Offer, the Benefactor fully understands and agrees with the subject matter of the Agreement, the objectives and purposes of the public fundraising campaign, and confirms the Foundation’s right to allocate part of the charitable donation to cover administrative expenses, within the limits established by the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

4.7. The Parties agree that from the moment the Offer is accepted, this Agreement shall be deemed concluded in written form in accordance with Articles 207, 639, 641, and 642 of the Civil Code of Ukraine and Articles 6 and 7 of the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

The Parties further agree that the absence of a separately signed written agreement after acceptance of the Offer shall not affect the validity of this Agreement.

4.8. The Offer shall be deemed accepted and this Agreement concluded on the date the charitable donation is credited to the Foundation’s bank account.

4.9. Within 48 hours after the funds are credited to the Foundation’s account, the Benefactor may contact the Foundation to request a refund of the charitable donation due to an erroneous transfer or for other valid reasons.

After this period, the charitable donation shall be considered irrevocable and shall not be refunded, except where such refund is required by the legislation of Ukraine or otherwise provided for in this Offer.

If a donation was made without sufficient information to identify the Benefactor, such donation shall not be refunded.

4.10. Any expenses related to making a charitable donation (including bank fees, payment system commissions, taxes, or other charges) shall be borne by the Benefactor if charged to the Benefactor, or by the Foundation if charged to the Foundation.

The Benefactor acknowledges and agrees that part of the charitable donation may be used by the Foundation to cover unavoidable transaction costs imposed by third parties, including payment system acquiring fees and bank commissions.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Foundation undertakes to use the Benefactor’s charitable donation strictly in accordance with the legislation of Ukraine and exclusively within the scope of its statutory activities.

5.2. The Foundation has the right to independently determine the directions for the use of charitable donations in accordance with its statutory activities and the legislation of Ukraine, except where the Benefactor has designated a specific purpose for the donation under a separate agreement with the Foundation.

Accordingly, if the Benefactor has not specified a particular purpose for the donation, it shall be deemed that the donation has been made to support the Foundation’s statutory activities.

5.3. The Benefactor agrees that, in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Foundation may use part of the funds received from Benefactors to finance its administrative expenses, provided that such expenses do not exceed the limits established by the applicable legislation.

5.4. The Benefactor has the right to receive information regarding the use of the charitable donation.

For this purpose, the Foundation publishes financial reports on the Website, including information about:

  • the amount of donations received during the reporting period; and
  • the Foundation’s expenditures during the reporting period.

Upon request, the Foundation may also provide additional documents confirming the intended use of the charitable donation.

5.5. By making a charitable donation, the Benefactor unconditionally confirms that:

  • they have full legal capacity;
  • the donation is made voluntarily;
  • the donated funds are not subject to prohibition, seizure, pledge, or any third-party claims and have not been acquired in violation of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction.”

The Benefactor also confirms that neither the Benefactor nor its ultimate beneficial owners are subject to sanctions imposed by Ukraine, foreign states, or international organizations recognized by Ukraine.

If the Foundation has reasonable grounds to doubt these statements, it shall have the right to request supporting documents, and the Benefactor undertakes to provide them.

6. PLACE OF PUBLIC COLLECTION OF CHARITABLE DONATIONS

6.1. Public fundraising for charitable donations may be carried out in any country of the world, except the Russian Federation.

The Foundation’s activities aimed at achieving the purposes defined in its Articles of Association shall be carried out in accordance with those Articles.

7. PERIOD OF PUBLIC COLLECTION OF CHARITABLE DONATIONS

7.1. Public fundraising under this Agreement shall continue throughout the entire period of the Foundation’s existence until its termination, unless otherwise determined by the competent governing bodies of the Foundation.

In the cases provided for in clause 2.4 of this Agreement, fundraising for a specific purpose shall be conducted within the period specified in the relevant public fundraising announcement published on the Website.

8. LIABILITY OF THE FOUNDATION

8.1. The Foundation shall be liable for any breach of the terms of this Agreement or misuse of a charitable donation in accordance with the grounds, extent, and procedure established by the legislation of Ukraine.

9. MISCELLANEOUS

9.1. By accepting this Offer, the Benefactor gives the Foundation consent to process the personal data disclosed when making a charitable donation for the purpose of fulfilling the terms of this Agreement.

Such personal data may include:

  • first name, last name, and patronymic (if applicable);
  • address;
  • place of residence;
  • email address;
  • telephone number;
  • bank details (when transferring funds to the Foundation’s bank account through banking institutions).

The permitted processing of personal data includes:

  • collection;
  • registration;
  • accumulation;
  • storage;
  • adaptation;
  • modification;
  • updating;
  • use;
  • dissemination (distribution, transfer, disclosure);
  • anonymization;
  • destruction.

The Foundation undertakes not to disclose the Benefactor’s personal data to third parties without the Benefactor’s consent, except where such disclosure is required by public authorities or otherwise provided for by the legislation of Ukraine.

The Benefactor confirms that they have been informed of their rights under the Law of Ukraine “On Personal Data Protection” and understand the scope of their rights as a data subject.

9.2. The Benefactor agrees that, after providing personal information when making a charitable donation or registering on the Website, the Foundation may send notifications and correspondence, including electronic communications, to the Benefactor’s email address or telephone number.

Unless the Benefactor has expressly requested to remain anonymous, the Foundation shall also have the right, without obtaining additional consent, to publish in its reports, on the Website, or in any media:

  • the Benefactor’s full name; or
  • the name of the legal entity,

as a benefactor of the Foundation.

At the same time, the Foundation undertakes not to disclose the Benefactor’s email address or any other personal information to third parties, except as provided for by this Agreement or the legislation of Ukraine.

9.3. Any disputes arising between the Parties under this Agreement shall first be resolved through negotiations.

If the Parties fail to reach an agreement through negotiations, the dispute shall be resolved by the courts in accordance with the legislation of Ukraine.

9.4. This Agreement is executed in both Ukrainian and English.

In the event of any discrepancies or inconsistencies between the Ukrainian and English versions, the Ukrainian version shall prevail.

01/ Our goal

Only together.
Only up!

— Every step to the top
begins with a decision

Support Join the club