ENUA

Public Offer for Making a Voluntary Donation

Effective date:

Revision: 1.0

This English text is a translation provided for convenience. The Ukrainian version is the operative document.

1. General provisions

1.1. This Public Offer (the “Offer”) is an official proposal by the Non-Governmental Organization “Kompanionki” (the “Organization”) to an unlimited group of persons to conclude a voluntary-donation agreement on the terms set out below.

1.2. The Offer is public within the meaning of Article 641 of the Civil Code of Ukraine. The agreement is deemed concluded at the moment the Donor performs the actions described in Section 4 of this Offer.

1.3. The Organization is a non-governmental organization — a non-entrepreneurial society acting under the model charter of a non-governmental organization approved by the Cabinet of Ministers of Ukraine, and under the laws of Ukraine. The Organization is not a charitable organization within the meaning of the Law of Ukraine “On Charitable Activity and Charitable Organizations”.

1.4. Voluntary donations are accepted under Articles 729–730 of the Civil Code of Ukraine, the Law of Ukraine “On Civic Associations”, and clause 40 of the Organization’s Charter, which provides for voluntary donations as a source of the Organization’s property.

2. Organization details

3. Subject of the Offer

3.1. The Donor voluntarily transfers funds (a voluntary donation) to the Organization without any condition as to receiving anything in return, goods, works or services.

3.2. A voluntary donation is a gratuitous transfer of funds and is not payment for goods, works or services.

3.3. The purpose for which the donation is used is the realisation of the Organization’s project, whose description, required sum and collection timeline are published at: https://kompanionki.org/en/donate

4. Procedure for concluding the agreement

4.1. The agreement is deemed concluded from the moment the Donor makes a payment to the Organization by any of the available methods.

4.2. By making a payment, the Donor confirms that they:

4.3. There is no minimum or maximum donation amount, other than limits set by the payment systems.

4.4. Stating a payment purpose is recommended but not mandatory. The agreement is deemed concluded regardless of the wording of the payment purpose, provided the funds reach the Organization’s account.

5. Non-refundability of the donation

5.1. A voluntary donation is voluntary, gratuitous and non-refundable. The donation is not returned to the Donor.

5.2. The Donor agrees that, once the funds are credited to the Organization’s account, they lose the right to demand their return, a change of the earmarked purpose, or any consideration in return.

5.3. An exception applies to a technical error of the payment system (in particular, a double charge). In that case the Donor may contact support@kompanionki.org within 90 calendar days of the payment. The Organization considers such a request individually and, where the error is confirmed, refunds the corresponding amount.

5.4. Regardless of the terms of this Offer, the Donor retains the rights provided by the payment systems’ rules to dispute transactions through the issuing bank of their payment card.

6. Use of funds

6.1. Funds are used solely to realise the Organization’s statutory purpose and the goals of the Organization’s project stated at https://kompanionki.org/en/donate

6.2. The Organization may direct part of the donations to cover administrative costs directly related to realising the project and maintaining the Organization, in particular infrastructure, services and software licences, legal, accounting and administrative support, and banking and payment fees. Such expenditures are made within the limits set by clause 43 of the Organization’s Charter and by the laws of Ukraine for non-profit organizations.

6.3. The Organization does not distribute the funds it receives among founders, members of governing bodies or employees other than as wages in accordance with the law.

7. Use of surplus funds

7.1. If the total sum of donations collected exceeds the required sum stated on the project page, the surplus is directed to the Organization’s other statutory projects in the field of women’s mutual support, safety and community development.

7.2. If the Organization’s project is not realised within the stated timeline for any reason, the funds collected are directed to the Organization’s other statutory projects.

7.3. The decision to reallocate funds in the cases set out in clauses 7.1 and 7.2 is taken by the executive body (the Head) of the Organization in accordance with clause 29 of the Charter, with subsequent reporting to the members of the Organization at the next meeting.

7.4. By making a donation, the Donor gives their prior consent, within the meaning of Article 730 of the Civil Code of Ukraine, to such reallocation of funds and has no right to demand the return of the donation on account of the change in the direction of use.

8. Personal data

8.1. The Donor’s personal data is processed in accordance with the Privacy Policy: https://kompanionki.org/en/legal/privacy

8.2. The Organization processes the minimum data necessary to perform its obligations under this Offer and the requirements of the law (in particular tax law and the law on financial monitoring).

8.3. The Organization does not receive, process or store the Donor’s payment card data — payments are handled by a payment operator that complies with the PCI DSS standard.

9. Reporting

9.1. The Organization keeps records of donations received and of their earmarked use in accordance with the laws of Ukraine.

9.2. The Organization publishes summary information about the use of voluntary donations on its website once a year, after the annual report of the executive body is approved by the Organization’s regular meeting.

9.3. The Donor has the right to contact support@kompanionki.org for information about the use of funds, to the extent this does not breach data-protection law.

10. Liability of the parties

10.1. The Organization is liable for the use of donations in accordance with this Offer, the Charter and the laws of Ukraine.

10.2. The Organization is not liable for the impossibility of making a payment due to technical failures of payment systems, banks or communication operators.

10.3. The Donor is liable for the accuracy of the data they provide and for the lawful origin of the funds transferred.

11. Force majeure

11.1. The parties are released from liability for non-performance of obligations if it results from force majeure, including hostilities, the introduction of a state of emergency or martial law, or decisions of public authorities that make performance impossible.

11.2. Should such circumstances arise, the Organization takes reasonable measures to preserve the funds and informs Donors of further steps via the website.

12. Term and amendments to the Offer

12.1. The Offer takes effect from the date stated at the beginning of the document and remains in force until revoked or replaced by a new revision.

12.2. The Organization may amend the Offer. A new revision is published on this page with its effective date stated.

12.3. Donations made before a new revision takes effect are governed by the revision in force at the time of payment.

13. Final provisions

13.1. This Offer is governed by the laws of Ukraine.

13.2. Disputes arising from this Offer are resolved through negotiation and, failing that, in the manner established by the laws of Ukraine.

13.3. If a particular provision of the Offer is held invalid, the remaining provisions stay in force.

13.4. Enquiries about this Offer: