Public Offer on Making Charitable Donation
This Offer is addressed to indefinite circle of
physical and legal persons (hereinafter referred to as "Benefactor")
- visitors and registered users of website of NPO (NGO) "Chernovetskyi
Fund" (fund with charitable purposes), hereinafter referred to as the
"Fund", in the Internet by address: https://chernovetskyifund.ge (hereinafter - the
Website), and is the official and public offer of the Fund represented by
Yelena Polishchuk, the Director, acting by virtue of the Articles of
Association, to conclude an agreement for charitable donation (hereinafter -
the Agreement), the subject and essential conditions of which are indicated
below, in the framework of the Fund's realization of its charitable programs
and projects on the Website.
1. Terms and definitions:
Public Offer - valid Fund's offer published on the Website concerning provision of charitable donation, which is addressed to unlimited circle of people, including the Benefactor.
Acceptance - full and unconditional acceptance of the Public Offer by way of making actions to perform a money transfer with the help of payment forms and means on the Website, as well as by way of money transfer to the Fund settlement account through banking institutions and/or payment systems (terminals). Acceptance Moment is the date when the money is received at the settlement account of the Fund.
Charitable Donation - gratuitous transfer of means (goods/services, including monetary funds) in order to achieve certain previously discussed purposes of charitable activity, in accordance with the Agreement and the Fiscal Code of Georgia.
The Program/Targeted Assistance - is a charitable measure of the Fund, the purpose of which consists in providing directional (targeted) assistance to socially unprotected persons independently determined by the Fund, and shall be carried out by way of Acceptance under the conditions hereof.
2. Subject of the Agreement:
The subject of this Agreement is gratuitous transfer (charitable donation) of monetary funds by the Benefactor for the benefit of the Fund for the purpose of carrying out the statutory activity of the Fund, including for the Program/Targeted Assistance, as well as for implementation of other charitable purposes in accordance with the provisions of this Offer, Agreement and the valid legislation of Georgia. The Benefactor shall determine the amount of charitable donation independently.
3. Offer Acceptance shall be deemed as the Benefactor's agreement with all its provisions and his full understanding of the Subject of this Agreement and the purpose of public raising of donations.
4. The Benefactor and the Fund, being guided by art. 69 para. 1., page 329 of the Civil Code of Georgia, agree that upon the moment of Acceptance the Agreement shall be deemed to be concluded in written form. At the same time, the Parties agree that failure to fulfill the written form of the deal by the Parties does not entail its invalidity.
5. Rights and Obligations of the Fund:
5.1. The Fund shall have right to:
- Receive donations and use them in accordance with the purposes of this Agreement;
- At its own discretion change the directions of application of the donations to other charitable programs and projects of the Fund.
The Benefactor confirms and agrees that the Fund shall have right to send charitable donations in the volume exceeding the amount specified in the Program/Targeted Assistance to other charitable purposes, programs and projects of the Fund, and the Fund shall not be obliged to get the Benefactor's agreement and/or to inform him about it otherwise than according to procedure indicated in para. 12 of this Agreement.
The Benefactor confirms and agrees that a share of funds of the raised charitable donations, but not above 20%, can be spent by the Fund to pay for the Fund's overhead costs related to implementation of the Program/Targeted Assistance or other programs and projects of the Fund, including without limitation, for publication of information about the Program/Targeted Assistance, programs and projects of the Fund, on the Fund Website and in other electronic and printed media.
5.2. The Fund undertakes to:
- Annually publish electronic reports on the use of donations on its Website;
- In case of use of a donation in despite of the purposes of this Agreement, return the monetary funds to the Benefactor upon his written request.
6. Rights of the Benefactor:
- Carry out control over the use of charitable donation;
- Receive information about the course of implementation of the project.
7. Place of public fundraising:
Public fundraising is carried out in the territory of any country in the world. Immediate activity of the Fund concerning public fundraising under the Agreement shall be done in the place where the Fund is located.
8. Fundraising term:
Public fundraising shall last till the moment of the Fund liquidation, if no other term is determined by the Fund.
9. Procedure of application of charitable donations:
The use of donations raised under this Agreement shall be done in accordance with the purposes of the Fund activity.
10. The Benefactor or his authorized persons shall have right to exercise control over the targeted use of charitable donation, including for the purpose of third persons.
11. Change of the purpose and the procedure of use of charitable donation is possible only upon agreement of the Benefactor or his legal successors, as well as based on the court decision or in other cases stipulated by the Law of Georgia.
12. Procedure of public access to financial reports of the Fund:
Access to the financial reports of the Fund is carried out by way of their annual publication in electronic form on the Website by the Fund.
The Fund website publishes the total amount of charitable donations and reports on the use of donations.
13. All costs on payment of amounts related to transfer of a donation, including expenses for payment of commissions of banks or payment systems shall be borne by the Benefactor.
14. The Benefactor also knows that the commissions can be paid by way of retaining (charge off) of the monetary funds in the amount of commission of the banks or payment systems from the donation amount. The Benefactor confirms the absence of material claims against the Fund related to transfer of donations minus the commission amount.
15. If not provided otherwise by the legislation of Georgia, the Benefactor provides his agreement to the Fund to pay the income tax of physical entities in relation to making donations, in the amount stipulated by the legislation of Georgia. The Benefactor will not have any material claims against the Fund related to transfer of donations minus the tax amount.
16. This Public Offer and Agreement, and all appendices to the Agreement are made in the English language. By the fact of Acceptance the Benefactor confirms his fluency in the English language and asserts that making of the Public Offer and the Agreement, as well as all the appendices thereto in the English language cannot be the basis to a judicial appeal against them by the Benefactor and/or acknowledging their invalidity based on the fact that the Benefactor did not master the English language and/or did not understand the provisions of this Public offer and the Agreement.