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 This Offer is indefinite and may be amended or withdrawn by the Foundation at any time (before its acceptance by the Donor) by posting the relevant information on the Website.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. Terms and Definitions
In this Offer, the following terms are used in the following meanings:
Charitable Donation – gratuitous transfer of funds by the Donor to the ownership of the Foundation to achieve charitable purposes defined by the Statute of the Foundation, in accordance with Article 6 of the Law of Ukraine “On Charitable Activities and Charitable Organizations”.
Acceptance of the Offer – full and unconditional acceptance by the Donor of the terms of this Offer by performing actions to transfer funds of a charitable donation to the Foundation in one of the ways specified in clause 5.1 of this Offer.
Website – the Foundation’s web page on the Internet at: https://tulsun.foundation/ .
Statutory Activity of the Foundation – the activity of the Foundation, defined by its Statute, aimed at achieving charitable purposes.
Wards – children who are under the care of the Foundation and need charitable assistance.
3. Subject of the Agreement
3.1. According to this Agreement, the Donor gratuitously and irrevocably transfers, as a voluntary charitable donation, funds to the ownership of the Foundation to ensure the statutory activities of the Foundation, and the Foundation accepts such charitable donation and undertakes to use it for its own charitable activities in accordance with the Statute and legislation of Ukraine.
3.2. The transfer of 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».
3.3. 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 necessary charitable assistance for specific purposes of the Foundation’s activities, as well as for the Foundation’s charitable programs, in order to determine the areas of use of the charitable donation before its provision.
3.4. The conclusion and execution of this Agreement does not aim and does not provide for profit by either party.
3.5. All projects financed by charitable donations are permanent and have no fixed completion dates. By accepting this Offer, the Donor agrees that the Foundation independently decides on the specific direction of use of the donation within the Statutory activities, taking into account current needs and priorities, in order to ensure maximum efficiency of the use of charitable funds.
4. Activities of the Foundation
4.1. The Foundation carries out charitable activities in the field of healthcare and education, aimed at providing charitable assistance to children deprived of parental care and children with disabilities in the Kyiv region, and other institutions that provide assistance to socially vulnerable children in the Kyiv region, and also carries out other types of charitable activities, in accordance with its Statute.
4.2. The Foundation’s activities are not aimed at making a profit.
4.3. The Statute of the Foundation, information about its work and reports on the results of activities are posted on social networks and on the Website. The Foundation ensures regular publication of reports on the use of charitable donations on the Website and in official social networks. The Donor also has the right to send a written request to the Foundation’s email address to obtain detailed information about the use of their donation.
5. Making a Donation and Acceptance of the Offer
5.1. The Donor independently determines the amount of the charitable donation and makes it by (i) making a money transfer using payment forms and means posted 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 indefinite, and the term of their use by the Foundation is not limited.
5.2. In accordance with this Offer and the Agreement, charitable donations are provided by Donors and used by the Foundation for conducting and ensuring charitable activities (implementation of directions, goals of charitable activities and charitable programs) of the Foundation in accordance with the Statute and legislation of Ukraine. By accepting this Offer, the Donor confirms their agreement that the Foundation independently determines the specific direction of use of the donation within the Statutory activities. The Donor agrees with such a purpose of their donation.
5.3. The Donor also has the right to determine a specific purpose of their donation within the goals and directions of activities and charitable programs of the Foundation by concluding a separate agreement with the Foundation on the provision of a charitable donation, in accordance with clauses 1.4 and 3.3 of this Offer. If the Donor, when making a donation, determined its specific purpose without prior agreement with the Foundation, the Foundation has the right to return such a donation to the Donor.
5.4. Received charitable donations are used by the Foundation in the order of their receipt.
5.5. When making a donation, for correct identification of the payer, the Donor provides their contact information: name and surname, name of the legal entity, email address and/or phone number, other data that allows to identify the Donor.
5.6. Acceptance of the Offer is considered its full and unconditional acceptance by the Donor by performing actions to transfer funds of a charitable donation to the Foundation in one of the ways specified in clause 5.1 above. The Offer is considered accepted and the Agreement concluded from the date of crediting funds to the Foundation’s current account or their receipt in the Foundation’s cash register.
5.7. Within 48 hours after crediting funds to the Foundation’s current account or their receipt in the Foundation’s cash register, the Donor may contact the Foundation regarding the return of donation funds due to their erroneous transfer or other justified reasons. The return of funds is carried out on the basis of a written application from the Donor indicating the reason for the return and supporting documents (if available). After this period, the charitable donation is considered irrevocable and is not returned by the Foundation, except in cases where such return is required by the legislation of Ukraine or otherwise provided for in this Offer. If the donation was made to the Foundation’s account without identification of the payer and the Foundation cannot identify the Donor of the donation, such a donation is not returned by the Foundation. Responsibility for errors made by the bank or payment system during the transfer of funds is borne by the relevant financial institution.
5.8. 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 terms of the Agreement, and also gives consent to the processing of their personal data in accordance with the terms set out in clause 10.4 of this Offer.
5.9. Expenses related to making charitable donations (commissions for transferring funds, taxes, fees, etc.) are borne by the Donor, if such expenses are charged to the Donor directly. The Foundation bears expenses related to account maintenance and other operating expenses. The Donor understands and agrees that part of their charitable donation may be used by the Foundation to cover reasonable expenses directly related to receiving and processing donations, if such expenses are charged by third parties by default and cannot be avoided (for example, commissions of payment systems for acquiring, bank commissions, etc.). Information on the use of funds to cover such expenses is reflected in the Foundation’s reports.
6. Rights and Obligations of the Parties
6.1. Rights and Obligations of the Donor:
6.1.1. The Donor has the right:
6.1.2. The Donor undertakes:
6.2. Rights and Obligations of the Foundation:
6.2.1. The Foundation has the right:
6.2.2. The Foundation undertakes:
7. Liability of the Parties
7.1. In case of violation by one of the parties of its obligations under this Agreement, the other party has the right to demand compensation for direct documented losses caused by such violation, in the manner and on the terms provided for by the current legislation of Ukraine. The parties are liable for non-performance or improper performance of their obligations under this Agreement in accordance with the current legislation of Ukraine.
7.2. The Foundation is not liable for non-performance or improper performance of its obligations under this Agreement if such non-performance or improper performance occurred as a result of force majeure circumstances. Force majeure circumstances include extraordinary and unavoidable under the given conditions events, such as: natural disasters (earthquakes, floods, fires, landslides, snow drifts, epidemics, etc.), military actions, the introduction of a state of emergency or martial law, strikes, acts of state authorities or local self-government that make it impossible to fulfill obligations under this Agreement, disruptions in the operation of the Internet, payment systems, communication systems and other circumstances beyond the reasonable control of the Foundation. The Foundation undertakes to notify the Donor of the occurrence of force majeure circumstances within 5 (five) working days from the moment of their occurrence by posting relevant information on the Website and/or by other available means. Proper proof of the existence of force majeure circumstances and the duration of their effect is a document issued by the Chamber of Commerce and Industry of Ukraine or other competent authority.
8. Amendments to the Offer
8.1. The Foundation reserves the right to make changes to this Offer at any time. Such changes come into force from the moment of their publication on the Website, unless another effective date is determined by the Foundation upon publication of the changes.
8.2. Information on amendments to this Offer is posted on the Website no later than 10 (ten) calendar days before the date of their entry into force, except for cases where the changes are due to changes in the current legislation of Ukraine that require immediate amendments to the Offer. In case of disagreement of the Donor with the amendments to the Offer, the Donor has the right, within 10 (ten) calendar days from the date of publication of the notice of changes on the Website, to notify the Foundation of their refusal to further cooperation by sending a corresponding written notice to the Foundation’s email address info@tulsun.foundation . In this case, the Agreement between the Donor and the Foundation is considered terminated from the moment the Foundation receives such a notice. The Donor’s continuation of making charitable donations after the entry into force of the amendments to this Offer is considered unconditional acceptance of such amendments.
9. Term of Validity and Termination of the Agreement
9.1. This Agreement is considered concluded and comes into force from the moment of acceptance of the Offer by the Donor, which is confirmed by the crediting of funds to the Foundation’s account or their receipt in the Foundation’s cash register, in accordance with clause 5.6 of this Offer, and is valid until full fulfillment by the Parties of their obligations, or until its termination on the grounds provided for by this Offer and the current legislation of Ukraine.
9.2. The Agreement may be terminated early in the following cases:
9.3. In case of termination of the Agreement, the obligations of the Parties regarding the confidentiality of information received within the framework of this Agreement remain valid for 3 (three) years after the termination of the Agreement.
10. Final Provisions
10.1. This Offer is governed by and interpreted in accordance with the legislation of Ukraine.
10.2. All disputes arising from this Agreement or in connection with it are resolved through negotiations between the Parties. If it is impossible to reach an agreement through negotiations, the dispute is subject to consideration in the relevant court of Ukraine in accordance with the established jurisdiction and the current legislation of Ukraine.
10.3. If any provision of this Offer is recognized by the court as invalid or unenforceable, this does not affect the validity or enforceability of other provisions of the Offer. In this case, the Parties undertake to take measures to replace the invalid provision with a provision that is legally valid and maximally corresponds to the initial intentions of the Parties.
10.4. Processing of personal data: By accepting this Offer, the Donor gives consent to the processing of their personal data provided to the Foundation for the purpose of identifying the payer, ensuring communication with the Donor, informing about the Foundation’s activities and the implementation of charitable programs. The processing of personal data is carried out in accordance with the Law of Ukraine «On the Protection of Personal Data». The Donor has the right to access their personal data, their modification, deletion and other rights provided for by law. Personal data is stored by the Foundation for the period necessary to achieve the stated purposes, or for the period established by law.
10.5. This Offer is drawn up in Ukrainian. In case of a translation of the Offer into other languages, the Ukrainian text shall prevail.
11. Contact Details
11.1. For additional information, clarifications regarding this Offer or the activities of the TulSun Foundation, as well as for sending written requests and messages, please contact us:
Charitable Organization «Charitable Foundation «TulSun»
Company Code: 41526841
Legal address: 03038, Ukraine, Kyiv, Protasiy Yar Street, Building 8, office 130
Postal address (for correspondence): 03038, Ukraine, Kyiv, Protasiy Yar Street, Building 8, office 130
E-mail: info@tulsun.foundation
Phone: +38 099 796 51 71
Website: https://tulsun.foundation/
