Public offer on the provision of a voluntary contribution
Public offer on providing a voluntary contribution (charitable donation)
- General Provisions
- This public offer to provide a voluntary contribution in the form of a charitable donation as an irrevocable financial aid (hereinafter referred to as the “Offer”) is a proposal of the Public Union “FLOUMATES” (hereinafter referred to as the GS) in the person of the Chairperson of the union Kateryna Sergiivna Milyutenko, which acts on the basis of The Charter, to an unspecified circle of legally competent individuals and legal entities (hereinafter, each such person is a “Benefactor”), to enter into an agreement on the provision of a voluntary contribution in the form of a charitable donation, as an irrevocable financial aid (hereinafter, the “Agreement”) under the conditions described in this Offerings, with every Benefactor who applies.
Definitions and concepts:
Public offer – a valid offer of the GS, posted on the Site, to provide a charitable donation, addressed to an unlimited number of persons, including the Benefactor.
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 GS current account through bank institutions. The moment of Acceptance is the date of crediting the funds to the bank account of the GS.
Charitable donation – free transfer of funds by the Benefactor to the property of the GS for the achievement of certain, pre-arranged activity goals, in accordance with the Agreement and the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
1.2. This Offer is a proposal to conclude a Contract in accordance with Article 641 of the Civil Code of Ukraine.
1.3. This Offer enters into force from the moment it is posted on the official website of the GS on the Internet at the link: https://flowmates.org/ (hereinafter – “Site”). This Offer is open-ended and may be changed or withdrawn by the GS at any time (prior to its acceptance by the Benefactor) by posting relevant information on the Site.
1.4. The GS may enter into agreements on the provision of a voluntary contribution in the form of a charitable donation, as an irrevocable financial aid in a different order and/or under different conditions than provided for in this Offer. The benefactor can separately apply to the GS to conclude such an agreement.
Subject of the Agreement
2.1. In accordance with this Agreement, the Benefactor freely and irrevocably transfers a voluntary contribution in the form of a charitable (targeted) donation, as an irrevocable financial assistance (hereinafter – “charitable donation”), to the property of the GS for the implementation of GS activities aimed at the realization of statutory goals and objectives, namely:
- creation of a joint platform for the cooperation of specialists interested in the development, development, improvement, support, standardization, distribution and popularization of software with open source code (open source software) and the minimum amount of code (low-code) security).
- promoting the creation of an interaction center for the development of projects using software.
- promoting the creation and implementation of projects using software; participation in the creation, implementation and maintenance of such projects.
- development and implementation of effective technologies and methods that will contribute to the development, improvement, support, development, standardization, distribution and popularization of software.
- establishing relations with the public, comprehensive popularization of the Union’s activities, including by creating presentations, cases, portfolios to inform about the Union’s activities and involve the Union’s members.
- promoting the popularization of software, including by creating and distributing informative and educational materials without the goal of making a profit.
- organization and holding of events of an informational and educational nature (seminars, conferences, training courses, round tables, meetings and other events) aimed at increasing the level of professional development and awareness of a wide range of software users.
2.2. The benefactor has the right to ask the GS and receive information about the nature and amount of the necessary charitable assistance for the specific goals of the GS.
2.3. The conclusion and performance of this Agreement is not intended and does not provide for the profit of any of the parties. The Parties confirm that profit-making (directly or indirectly) by the Parties is not the subject of the Offer.
Activities of the Public Union
3.1. GS “FLOUMATES” is a voluntary association created for the exercise and protection of rights and freedoms, satisfaction of public, in particular, economic, social, cultural, educational and other interests of its members and other persons, based on the common interests of its members to realize the goal and tasks stipulated by the Statute in accordance with the Law of Ukraine “On Public Associations”.
3.2. The activity of GS is not aimed at making a profit. GS has the status of a non-profit organization in accordance with the Decision of the DPS of Ukraine No. 2307014600045 dated 04/05/2023.
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 means posted on the Site, or by transferring funds to the current account of the GS through bank institutions.
4.2. Charitable donations are open-ended, and the term of their use by the GS is not limited.
4.3. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Benefactor agrees with all its provisions, he is familiar with the subject of the Agreement, the Benefactor is fully aware of and agrees with the subject of the Agreement, with the purpose and goals of the public collection of charitable donations and with the right of the GS to use a part of the Benefactor’s Charitable Donation for administrative expenses of the State Government, in an amount not greater than that provided for by the legislation of Ukraine.
4.4. In accordance with this Offer and the Agreement, charitable donations are provided by Benefactors and used by the GS to carry out activities aimed at, but not exclusively, the fulfillment of the goals and tasks defined in clause 2.1 of this Agreement.
4.5. The benefactor agrees with such purpose of his donation.
4.6. When making a charitable donation, for the correct identification of the payer, the Benefactor indicates his contact information: first and last name or name of a legal entity, e-mail address and/or phone number, other data that allow identification of the Benefactor.
4.7. Acceptance of the Offer is considered to be its complete and unconditional acceptance by the Benefactor taking actions to transfer the funds of the charitable donation to the GS in one of the ways specified in clause 4.1 of this Offer. The offer is considered accepted and the Agreement concluded from the date of crediting the funds to the current account of the State Bank.
Benefactor and GS, guided by Art. 207, Part 2 of Art. 639, Art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer, the Charity Donation Agreement is considered concluded.
The Parties agree that non-compliance by the Parties with the written form of the Charitable Donation Agreement does not mean its invalidity.
4.8. The donation is voluntary and non-refundable, except for cases established by current legislation. If the donation was deposited into the HS account without identification of the payer and the HS cannot identify the Benefactor of the donation, such a donation is also not returned to the HS.
4.9. By accepting the Offer, the Benefactor confirms that he agrees with all the terms of the Offer, is fully aware of and agrees with the subject matter and terms of the Agreement.
4.10. Expenses related to making charitable donations (fund transfer commissions, taxes, fees, etc.) are borne by the Benefactor, if such expenses are charged to the Benefactor, and by the GS, if such costs are charged to the GS.
Rights and duties
5.1. GS undertakes to use the funds of the Benefactor’s charitable donation in strict accordance with the legislation of Ukraine and only within the framework of its activities.
5.2. The GS has the right to independently determine the directions for the use of the charitable donation in accordance with its activities and the legislation of Ukraine, except for cases where the Benefactor has determined the specific purpose of his donation under a separate agreement with the GS. Thus, if the specific purpose of the charitable donation is not defined by the Benefactor, it is considered that the donation was made for the implementation of GS activities.
5.3. The benefactor has the right to receive information about the use of his charitable donation.
5.4. By making a charitable donation, the Benefactor unconditionally affirms his legal capacity, voluntariness of entering into the deed, that the subject of the charitable donation is not subject to a ban, seizure, is not in lien, is not encumbered by any other rights of third parties and was not acquired in violation of the provisions of Law of Ukraine No. 361- IX “On preventing and countering the legalization (laundering) of proceeds obtained through crime, the financing of terrorism, and the financing of the proliferation of weapons of mass destruction.” In the event that the GS has reasonable doubts about these statements, the GS has the right to ask, and the Benefactor undertakes to provide, appropriate supporting evidence of these statements.
6.1. GS has the right to process the Benefactor’s personal data and other information, if it becomes known during the provision of a charitable donation. The benefactor is guaranteed the rights provided for by the Law of Ukraine “On the Protection of Personal Data”.
6.2. The processing of personal data of the Benefactor (the subject of personal data) means the actions (operations) of the State Security Service with personal data, including the collection, systematization, accumulation, storage, use, distribution (including transfer), depersonalization, blocking, destruction of personal data. By accepting this offer, the Benefactor, as a subject of personal data, voluntarily gives his consent to the GS to transfer his personal data for the latter to fulfill this Agreement.
6.3. GS undertakes not to transfer any information that became known during the provision of a charitable donation to third parties, except for those involved in GS and participating in the process of providing a charitable donation, in particular: banks, operators of payment infrastructure, companies providing hosting services, etc.
6.4. The Benefactor confirms the consent of the GS to the transfer of such Personal Data and other information to such third parties in accordance with the terms of this clause and will not require notification of the transfer of the Benefactor’s Personal Data to third parties in accordance with the provisions of Article 21 of the Law of Ukraine “On the Protection of Personal Data”.
6.5. By accepting the terms of this contract, the Benefactor, as a subject of personal data, voluntarily gives his consent and confirms that he has been informed about the inclusion of his personal data in the personal data base, as well as that he is aware of his rights, defined by the Law of Ukraine “On the Protection of Personal Data”.
6.6. The GS can use the received contact information (e-mail address) specified by the Benefactor in the process of making a charitable donation, for the purpose of sending information about the GS’s activities to this e-mail address.
GS undertakes not to transfer the specified information to any third party, except for persons participating in the process of providing a charitable donation.
7.1. By accepting the Offer, the Benefactor gives GS consent to the processing of his personal data, which are disclosed by the Benefactor when making a charitable donation, in order to fulfill the terms of the Agreement. Such personal data may include: name, surname and patronymic, address, place of residence, e-mail address, telephone number and (when transferring funds to the current account of the GS through bank institutions) bank details. Permitted types of personal data processing include their collection, registration, accumulation, storage, adaptation, change, renewal, use and dissemination (distribution, implementation, transfer), depersonalization and destruction. GS undertakes not to disclose the Benefactor’s personal data to third parties without the Benefactor’s permission, except in cases where such disclosure is required by state authorities or otherwise required in accordance with the legislation of Ukraine. The benefactor confirms that he has been notified of the rights established by the Law of Ukraine “On the Protection of Personal Data”. The Benefactor’s rights as a subject of personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” are known and understood by him.
7.2. The Benefactor gives his consent to the fact that his contact information can be used by GS to send letters and messages, including electronic ones, to the Benefactor.
7.3. In the event of disputes between the parties to this Agreement, they must be resolved through negotiations. If a negotiated solution is impossible, the disputes are considered by the courts in accordance with the procedure established by the legislation of Ukraine.