Public Offer

This document with the contained provisions is a public offer and a standard form agreement. According to the provisions of Art. 633, 641 of the Civil Code of Ukraine, the terms of the public offer and the standard form agreement are the same for all individuals and legal entities (hereinafter – Donors)

This public offer is addressed to all adult natural person (individuals who have reached the age of eighteen) and legal entities who wish to make a charitable donation and have such an opportunity.

CHARITABLE ORGANISATION CHARITABLE FUND “LIONWOOD SOFTWARE” (hereinafter – Fund) represented by the director Yurii Kaminovskyi, acting according to the Statute, Legal entity identification code 43595744, offers (public offer) an individual and/or legal entity (hereinafter – Donors), (hereinafter together referred as the Parties and each of them separately to as the Party), to enter into the standard form agreement on charitable donation in accordance with Ukrainian legislation on the following terms:

1. Definitions used in the Agreement

1.1. Public offer is a valid offer of the Fund, posted on the website: https://nit.school and addressed to any adult natural person (individual who has reached the age of eighteen) and / or legal entity in accordance with Article 633 of the Civil Code of Ukraine to enter into the standard form agreement on charitable donation with the Fund. 

1.2. Acceptance means Offer full and unconditional acceptance by performing actions aimed at money transfer using payment forms posted on the site or by wire transfer to the Fund’s current account through banking institutions. The Offer is considered accepted, and the Agreement is concluded respectively from the moment of payment receipt to the Fund’s current account.

1.3. Project – social charity project HIT (translated from Ukrainian: Education and Technologies) that is approved by the public authorities in Ukraine in the sphere of education and science and is intended on the development of educational platform in the form of mobile and web applications. The Project implementation will provide the opportunity for the educational process participants to study distantly by the right to use transferring to the public authorities in Ukraine in the sphere of education and science (hereinafter – Beneficiary) on a free of charge basis. 

1.4. Charitable donation means gratuitous funds transfer by the Donor to the Fund for the purposes of Project implementation and Fund`s statutory activities implementation aimed at charitable activities` goals achievement pursuant to the Statute or Fund`s programs in accordance with the Law of Ukraine “On charitable activities and charitable organizations” and the Agreement.

1.5. Donor is an adult natural person (an individual who has reached the age of eighteen) and/or a legal entity who undertakes voluntarily one or more charitable activities. For the purposes of this Agreement, the Donor is an adult natural person (an individual who has reached the age of eighteen) and / or a legal entity who has accepted the Offer.

1.6. Project Beneficiaries are public authorities in the field of education and science in Ukraine, which receive assistance from the Fund in the form of intellectual property right to use in the educational platform (mobile and web applications), providing the opportunity for the educational process participants to study distantly.

2. Subject of the Agreement

2.1. Due to the Agreement the Donor  gratuitously and voluntarily transfers funds to the Fund through non-refundable charitable donation making for the purposes of Project implementation and Fund`s statutory activities implementation.

2.2. Neither Party shall receive any profits or any benefits resulting from the Agreement performance.

3. Acceptance

3.1. Accepting the Offer, the Donor acknowledges their agreement with all the terms of the Offer. Additionally, accepting the Offer, the Donor is exactly aware of and agrees with the subject of the Agreement, the purposes of public fundraising, and confirms the right of the Fund to use part of the Charitable donation for Fund`s administrative expenses in the amount not exceeding the specified amount in the Law of Ukraine “On charitable activities and charitable organizations”.

3.2. The Parties agree that this Agreement is concluded in writing in accordance with Articles 207, 639, 641 and 642 of the Civil Code of Ukraine and Article 7 of the Law of Ukraine “On charitable activities and charitable organizations” from the Offer acceptance moment. The fact the Agreement is not concluded in the form of the separate legal document  does not make the Agreement null and void.

4. Rights and obligations of the Fund

4.1. Rights of the Fund:

4.1.1. to receive Charitable donations and use them in accordance with the subject and conditions of this Agreement and its statutory activities;

4.1.2. to change the Charitable donation usage upon prior Donor`s consent;

4.1.3. to use part of the Charitable donation for Fund`s administrative expenses in the amount not exceeding the specified amount in the Law of Ukraine “On charitable activities and charitable organizations”.

4.2. Obligations of the Fund:

4.2.1. to account for the use of Charitable donations by posting reports on the website: https://nit.school annually;

4.2.2. upon written request, to return the funds to the Donor in the amount that was not used for the intended purposes in the event of Charitable donations usage not for the intended purposes or in violation of this Agreement.

5. Rights of the Donor

5.1. Rights of the Donor:

5.1.1. to control the Fund’s use of the Charitable donation for its intended purposes (in accordance with the subject of this Agreement);

5.1.2. to change the Beneficiaries (recipients of charitable assistance) in case of violation of the purposes, terms and procedure for the Charitable donation usage in full or in part prior Fund`s Charitable donation use;

5.1.3. to demand the Charitable donation refund in writing if there are properly evidenced  facts of the donation misuse by the Fund.

6. Place of public fundraising

6.1. Public fundraising of the Charitable donation is performed throughout the world. The Fund’s activities related to public fundraising are performed within the territory of Ukraine.

7. Fundraising term

7.1. Public fundraising under this Agreement will be ongoing until the Project implementation in full or until the Fund termination (including by liquidation) whichever comes earlier if no other term is determined by the Fund`s decision which will be placed – on the website to keep the Donor informed: https://nit.school.

7.2. The estimated amount of money necessary for the Project implementation in full constitutes UAH 40 000 000.00 (forty million hryvnias).

7.3. The estimated project implementation term: until 01 September  2022.

8. Charitable donations usage procedure

8.1. The Charitable donations are used for the purposes defined by this Agreement (Project implementation), the Fund`s statutory activities and current legislation of Ukraine, in particular the Law of Ukraine “On charitable activities and charitable organizations”.

8.2. The Fund uses Charitable donations for the Project implementation and Fund`s statutory activities implementation.

8.3. The Donor agrees in the event of the Project non-implementation irrespective of reasons or if there are available funds after the Project implementation in full, the Fund undertakes to redirect all available funds to other Fund`s charitable purposes in accordance with the Statute.

8.4. In case of Fund`s reorganization one or more charitable organizations may be Fund`s successors.

8.5. In case of Fund liquidation,  after Fund creditors` claims discharge the remaining assets will be transferred to one or more charitable organizations due to the procedure prescribed in the Statute or due to court decision.

9. Liability of the Fund

9.1. In accordance with current legislation of Ukraine, the Fund is responsible for this Agreement violation and the use of Charitable donations contrary to the terms and conditions provided in this Agreement, in the statutory activities and in the legislation of Ukraine.

9.2. The Fund is not responsible for any errors, failures, operating delays of third-party services (payment systems etc.) that may be involved in the Agreement implementation.

9.3. The Fund is not responsible for the work of banks and any failures, delays that may cause errors or delays in receiving the Charitable donations and, accordingly, in concluding this standard form agreement.

10. Intellectual property

10.1. Source code, trademarks, service marks as well as design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their collection or any other content posted on the  https://nit.school website are intellectual property objects.

10.2. All intellectual property rights or the right to use in all the intellectual property listed in paragraph 10.1. of this Agreement are owned by the Fund.

10.3. Any commercial use of the intellectual property objects listed in paragraph 10.1. of this Agreement is prohibited to Donors.

10.4. If technically possible (active social networks share buttons), Donors may use intellectual property objects only for personal non-commercial purposes by sharing information on social networks (Facebook, Instagram, Twitter, LinkedIn) or on the Internet with mandatory active reference to the original source. Such use shall not cause financial or reputational damages to the Fund, to the Project Beneficiaries or to the Fund Beneficiaries.

11. Financial reports of the Fund

11.1. Fund`s financial reports are published by posting on the Fund’s website: https://nit.school, annually until  1 March of the year following the reporting year.

11.2. Other information is disclosed by the Fund in the manner and to the extent provided by the legislation of Ukraine.

12. Final provisions

12.1.  The Fund reserves the right to amend and update this Agreement (Offer) at any time without any special notice by publishing a new version of the Agreement (Offer) on the website https://nit.school. The new version of the Agreement (Offer) becomes effective from its publication moment on the website https://nit.school, unless otherwise specified in such new version.

12.2. Expenses related to the Charitable donations transfer (commissions for the transfer of funds, etc.) are paid by the Donor.

12.2. Any requests concerning charitable donations shall be sent to the Fund’s e-mail address: info@nit.school.

13. Bank details of the Fund

13.1. Charitable donation may be made by funds transfer to the current account of the Fund, the details of which are specified in paragraph 13.2. of this Agreement or using the PrivatBank web-interface LiqPay, by clicking on the LiqPay payment button located on the website https://nit.school and following further instructions.

13.2. Bank details of the Fund (UAH):

IBAN: UA373253210000026002053788491

ЗАХIДНЕ ГРУ АТ КБ “ПРИВАТБАНК”

ЄДРПОУ: 43595744

Payment purpose: “Non-refundable charitable donation on maintenance of Fund`s statutory activity and Project implementation”

 

13.3. Bank details of the Fund (EUR):

IBAN Code: UA713253210000026007053768115

Name of the bank: JSC CB “PRIVATBANK”, 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE

Bank SWIFT Code: PBANUA2X

Company address: UA 79026, Lviv, Kurylska street 3/3

Correspondent banks:

Account in the correspondent bank: 400886700401

SWIFT Code of the correspondent bank: COBADEFF

Correspondent bank: Commerzbank AG, Frankfurt am Main, Germany

Account in the correspondent bank: 6231605145

SWIFT Code of the correspondent bank: CHASDEFX

Correspondent bank: J.P.MORGAN AG, FRANKFURT AM MAIN, GERMANY

 

13.4. Bank details of the Fund (USD):

IBAN Code: UA043253210000026007053772231

Name of the bank: JSC CB “PRIVATBANK”, 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE

Bank SWIFT Code: PBANUA2X

Company address: UA 79026, Lviv, Kurylska street 3/3

Correspondent banks:

Account in the correspondent bank: 001-1-000080

SWIFT Code of the correspondent bank: CHASUS33

Correspondent bank: JP Morgan Chase Bank, New York ,USA

Account in the correspondent bank: 890-0085-754

SWIFT Code of the correspondent bank: IRVT US 3N

Correspondent bank: The Bank of New York Mellon, New York, USA