1. General Provisions
1.1. This public offer for a charitable donation (hereinafter referred to as the «Offer») is a proposal by the Charitable Organization «Charitable Foundation «TulSun», legal entity identification code 41526841, located at: 03038, Ukraine, Kyiv, Protasiv Yar Street, 8, office 130 (hereinafter referred to as the «Foundation»), represented by the Head of the Foundation Yuliia Serhiivna Kvasha, to an indefinite number of capable individuals and legal entities of private law who voluntarily engage in charitable activities (each such person hereinafter referred to as the «Donor») to enter into an agreement for the provision of a charitable donation (hereinafter referred to as the «Agreement») on the terms described in this Offer with each Donor who responds.
1.2. This Offer is a proposal to conclude an agreement in accordance with Article 641 of the Civil Code of Ukraine.
1.3. This Offer takes effect from the moment it is posted on the Foundation’s website on the Internet at the following link: https://tulsun.foundation/en/ (hereinafter referred to as the «Website»). This Offer is indefinite and may be amended or withdrawn by the Foundation at any time (before its acceptance by the Donor) by posting the relevant information on the Website.
1.4. The Foundation may enter into agreements for the provision of a charitable donation in another manner and/or on other terms than those provided for in this Offer. The Donor may separately contact the Foundation to conclude such an agreement.
2. Subject of the Agreement
2.1. Under this Agreement, the Donor gratuitously and irrevocably transfers monetary funds as a voluntary charitable donation to the ownership of the Foundation to support the statutory activities of the Foundation, and the Foundation accepts such a charitable donation and undertakes to use it for conducting its charitable activities in accordance with the Foundation’s Charter and the laws of Ukraine.
2.2. The transfer of monetary funds by the Donor under this Agreement is recognized as a charitable donation in accordance with Article 6 of the Law of Ukraine «On Charitable Activities and Charitable Organizations».
2.3. The Donor independently determines the amount of the charitable donation. The Donor has the right to request from the Foundation and receive information about the nature and amount of the required charitable assistance for specific purposes of the Foundation’s activities, as well as for the Foundation’s charitable programs, to determine the direction of the charitable donation before it is made.
2.4. The conclusion and execution of this Agreement are not intended to and do not foresee the receipt of profit by either party.
2.5. Projects financed by charitable donations are of an ongoing nature and are not subject to specific termination deadlines. The Foundation retains the sole discretion to allocate funds to priority areas within the framework of its statutory objectives, with the goal of optimizing the delivery of aid to beneficiaries.
3. Foundation’s Activities
3.1. The Foundation conducts charitable activities in the fields of health care and education, aimed at providing charitable assistance to children deprived of parental care and children with disabilities in the Kyiv region, as well as to other institutions providing assistance to socially vulnerable children in the Kyiv region, and also conducts other types of charitable activities in accordance with its Charter.
3.2. The Foundation’s activities are not aimed at making a profit.
3.3. The Foundation’s Charter, information about its work, and reports on the results of its activities are posted on social networks and on the Website.
4. Donation and Acceptance of the Offer
4.1. The Donor independently determines the amount of the charitable donation and makes it by (i) transferring funds via payment forms and means placed on the Website, or (ii) transferring funds to the Foundation’s current account through banking institutions, or (iii) transferring cash to the Foundation. Charitable donations are perpetual, and the period of their use by the Foundation is not limited.
4.2. According to this Offer and the Agreement, charitable donations are provided by Donors and used by the Foundation for conducting and supporting the Foundation’s charitable activities (implementation of directions, goals of charitable activities, and charitable programs) in accordance with the Foundation’s Charter and the laws of Ukraine. The Donor agrees with such a targeted use of their donation.
4.3. The Donor also has the right to designate a specific purpose for their donation within the goals and directions of the Foundation’s activities and charitable programs by entering into a separate agreement with the Foundation for the provision of a charitable donation in accordance with clauses 1.4 and 2.3 of this Offer. If the Donor, when making a donation, designates its specific purpose without prior agreement with the Foundation, the Foundation has the right to return such a donation to the Donor.
4.4. Donations made are used by the Foundation in the order they are received.
4.5. When making a donation, for proper identification of the payer, the Donor provides their contact information: first name and last name, the name of the legal entity, email address, and/or phone number, and other data that allows the Donor to be identified.
4.6. The acceptance of the Offer is considered to be its full and unconditional acceptance by the Donor through the act of transferring funds to the Foundation as a charitable donation by any of the methods specified in clause 4.1 above. The Offer is considered accepted, and the Agreement is concluded from the date of crediting the funds to the Foundation’s current account or their entry into the Foundation’s cash register.
4.7. Within 48 hours after the funds are credited to the Foundation’s current account or their entry into the Foundation’s cash register, the Donor may contact the Foundation regarding the return of the donation due to its erroneous transfer or other reasons. After this period, the charitable donation is considered irrevocable and is not returned by the Foundation, except in cases where such a return is required by the laws of Ukraine or otherwise provided for in this Offer. If the donation was made to the Foundation’s account without identifying the payer and the Foundation cannot identify the Donor of the donation, such a donation is not returned by the Foundation.
4.8. By accepting the Offer, the Donor confirms that they agree with all the terms of the Offer, fully understand, and agree with the subject and conditions of the Agreement.
4.9. Expenses related to the donation of charitable contributions (fees for money transfers, taxes, duties, etc.) are borne by the Donor if such expenses are charged to the Donor, and the Foundation if such expenses are charged to the Foundation. The Donor understands and agrees that part of their charitable donation may be used by the Foundation to cover expenses related to the donation of charitable contributions if such expenses are charged by third parties by default and cannot be avoided (e.g., payment system acquiring fees, bank fees, etc.).
5. Rights and Obligations of the Parties
5.1. Rights and Obligations of the Donor:
5.1.1. The Donor has the right to:
5.1.2. The Donor undertakes to:
5.2. Rights and Obligations of the Foundation:
5.2.1. The Foundation has the right to:
5.2.2. The Foundation undertakes to:
6. Liability of the Parties
6.1. In case of breach by either party of its obligations under this Agreement, the other party has the right to demand compensation for damages caused by such breach, in the manner and under the conditions provided by the laws of Ukraine.
6.2. The Foundation is not liable for the failure or improper performance of its obligations under this Agreement if such failure or improper performance occurred due to force majeure circumstances that could not have been foreseen or avoided.
7. Amendments to the Offer
7.1. The Foundation reserves the right to make changes to this Offer at any time. Such changes take effect from the moment of their publication on the Website.
7.2. The Donor undertakes to independently monitor changes to this Offer. If the Donor continues to make charitable donations after the changes come into effect, it means that they agree with such changes.
8. Term of the Agreement and Termination
8.1. This Agreement takes effect from the moment the Offer is accepted by the Donor and remains in force until the obligations of the parties are fully fulfilled.
8.2. The Agreement may be terminated early at the initiative of either party by giving written notice to the other party.
8.3. The Agreement is considered terminated after the obligations of the parties are fulfilled or in other cases provided by the laws of Ukraine.
9. Final Provisions
9.1. This Offer is governed by and construed in accordance with the laws of Ukraine.
9.2. All disputes arising from this Agreement are resolved through negotiations between the parties. If an agreement is not reached, the dispute is subject to resolution in the manner prescribed by the current legislation of Ukraine.
9.3. If any provision of this Offer is found to be invalid or unenforceable, this does not affect the validity or enforceability of the other provisions of the Offer.
10. Contact Information
10.1. If you have any questions or comments regarding this Offer or the activities of the TulSun Foundation, please contact us at:
