Public offer to conclude a donation agreement
Moscow | 24.10.2019 |
1. Public offer of the Charitable Foundation for Hospice Care "Vera"
1.1 This public offer, hereinafter referred to as the "Offer", is an offer by the Vera Hospice Charitable Fund, hereinafter referred to as the "Foundation", represented by the Director Anna Aleksandrovna Skorobogatova, acting under the Charter, to conclude with any individual or legal entity, hereinafter referred to as the "Benefactor", a donation agreement, hereinafter referred to as the "Agreement", on the terms provided in the Offer. This proposal is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
1.2 The Offer shall become effective on the day following the day of its posting on the Fund's website at: http://www.hospicefund.ru, hereinafter referred to as the "Website".
1.3 The Offer may be amended and supplemented, which will be effective from the day following the day of its posting on the Website.
1.4 The Offer is open-ended. The Fund has the right to cancel the Offer at any time.
1.5 Invalidity of one or more conditions of the Offer does not entail invalidity of all other conditions of the Offer.
1.6 The Fund is ready to enter into donation agreements in other order and/or under other conditions than those provided by the Offer, for which any interested person may apply to the Fund to enter into the relevant agreement.
2. Subject of the Agreement
2.1 Under this Agreement, the Benefactor as a voluntary donation transfers to the Foundation his own funds in any way convenient for the Benefactor, and the Foundation accepts the donation and uses it for the implementation of the Foundation activities in accordance with the Charter. The transfer of the donation indicates the full agreement of the Benefactor with the terms and conditions of this agreement.
2.2 Performance by the Benefactor of actions under this contract is recognized as a donation in accordance with Article 582 of the Civil Code of the Russian Federation.
2.3 The Benefactor donates to the Foundation money in the amount determined by the Benefactor for the implementation of the statutory activities of the Foundation. The Benefactor has the right to request and receive information about the nature and amount of necessary aid for specific purposes, as well as on the Foundation's charitable programs.
2.4 The Benefactor confirms and guarantees to the Foundation that the funds transferred to the Foundation belong to the Benefactor by right of ownership, are not encumbered by the rights of third parties, and the gratuitous transfer by the Benefactor to the Foundation does not violate the rights of third parties and the norms of the current legislation of the Russian Federation
3. Activities of the Fund
3.1 The Foundation carries out the following activities:
- Implementation of programs and activities aimed at providing material, medical, social and other assistance to hospices and other organizations providing palliative care, their employees and patients;
- Realization of programs and measures, aimed at rendering material, medical and social help to incurably ill cancer patients and other incurably ill people, their relatives during the time of their illness and after the loss of a loved one;
- Carrying out other charitable activities.
3.2 The Foundation's activity is not aimed at extracting profit.
3.3 The Foundation publishes information about its activities, goals, objectives, events on the website, in the annual report and other public sources.
4. Contribution of donations
4.1 The Benefactor independently determines the amount of the voluntary donation and makes it in any convenient way specified on the Website, under the terms of this Agreement.
4.2 The Benefactor can:
- transfer the donation by payment order to the details of the Foundation specified in section 7 of the Offer, including through a personal account on the website of the bank of the Benefactor;
- transfer a donation using a bank card, payment terminals or electronic money (details on the Website);
- to write off funds from a cell phone account or send SMS-messages to short numbers indicated on the Website (only from phone numbers registered to an individual);
- to deposit cash in the Foundation's cash desk;
- to place cash in donation boxes, installed in public places in the interests of the Foundation;
- Transfer a donation by any other means specified on the Foundation's website. 4.3.
4.3. If the method of transferring the donation chosen by the Benefactor does not allow indicating the "purpose of payment", the Benefactor has the right to specify the purpose of the donation in another written way. 4.4 When transferring the donation, the Benefactor has the right to specify the purpose of the donation in another written way.
4.4. When transferring the donation, the Benefactor can specify his or her contact information in order to correctly identify the payer: Full name, email address, phone number and other information.
4.5. The fulfillment by the Benefactor of any action provided by clause 4.2 of the Offer shall be deemed an acceptance of the Offer in accordance with part 3 of article 438 of the Civil Code of the Russian Federation.
4.6 The date of the acceptance of the Offer and, accordingly, the date of the Agreement conclusion shall be: the date when the funds of the Benefactor are credited to the current account of the Foundation or, if applicable, to the Foundation account in the payment system, or the date when the cash is deposited in the Fund cash desk, or the date of sending a short text message (SMS), or the date when the funds are withdrawn from the donation box by the authorized representatives of the Foundation.
5. Rights and obligations of the parties
5.1 The Foundation undertakes to use the funds received from the Benefactor under this agreement strictly in accordance with the current legislation of the Russian Federation and within the framework of its statutory activities.
5.2 The Benefactor has the right to choose the object of assistance at his/her own discretion, specifying an appropriate comment to the payment when transferring the donation. The up-to-date list of projects, charity programs and names of people who need help is published on the Website, in printed materials, newsletters, social networks and mass media.
5.3 When receiving a donation for a charitable program, the Foundation independently specifies its use, based on the budget items of the Charity program.
5.4 When receiving a donation for a specific person, for a charity program or project, the Foundation uses the donation for its intended purpose.
If the amount of the donation exceeds the amount required to help a specific person, for the implementation of a charitable program or project, the Foundation uses the remaining funds for statutory purposes.
5.6 Donations received by the Foundation without specifying a particular purpose, as well as with specifying a purpose that does not allow to clearly identify the beneficiary, charitable program or project, shall be directed towards the statutory goals of the Foundation.
5.7. By making a donation, the Benefactor agrees that in accordance with Federal Law №135-F3 of 11.08.1995, "On Charitable Activity and Volunteerism", the Foundation has the right to use part of the received funds to finance administrative expenses. The maximum amount of funds used for administrative expenses of the Foundation may not exceed twenty (20) percent of the amount spent during the fiscal period. The maximum amount of funds used for administrative expenses of the Foundation may not exceed twenty (20) percent of the amount spent during the fiscal period.
5.8 The Benefactor gives the Foundation consent to the processing of the personal data (surname, name, middle name, address of residence, e-mail address, bank details, phone number) provided by the Benefactor when making a voluntary donation, including to third parties (on the basis of an agreement with the Foundation), for the purposes of the performance of this Agreement and for the provision of information about the Foundation (newsletters) to the Benefactor, including the following actions: collection, recording, systematization, accumulation, storage, specification (updating, modification) of the information about the Foundation and the Benefactor. In all other cases, the Foundation shall not disclose the Benefactor's personal information to third parties without his/her written consent. The exception is when such information is demanded by the state authorities, which have the power to demand such information.
Consent to the processing of personal information is given by the Benefactor for an indefinite period of time. Consent can be withdrawn at any time by sending a letter to the address specified in Section 7 of the Offer or to the email address fund@hospicefund.ru.
The Benefactor agrees to receive information from the Foundation about the Foundation, including its activities, programs (projects), events and important events of the Foundation through electronic, postal and SMS mailings. The Benefactor may refuse to receive newsletters at any time by sending a letter to the Foundation at the address specified in section 7 of the Offer or to the email address fund@hospicefund.ru.
5.9 The Benefactor has the right to receive information about the use of his/her donation. To exercise this right, the Foundation places on the Website:
- information on the dates and amounts of donations received by the Foundation, indicating the last name, first name, middle name or initials of the Benefactor, or in their absence, other identifying information of the Benefactor, the name of the Benefactor's organization. Data of the individual Benefactor placed on the website must not allow the unambiguous identification of personal data by third parties. The Benefactor has the right to ask the Foundation to indicate his/her donation on the website as anonymous, in this case, he/she sends a written request to the Foundation;
- a report on the use of donations received;
- upon the Benefactor's request, the Foundation confirms the intended use of the received donations with the relevant accounting documents.
5.10. The Foundation has no obligations to the Benefactor other than those specified in this Agreement.
6. Other Terms and Conditions
6.1 In the event of disputes and disagreements between the Benefactor and the Foundation under this Agreement, they will, if possible, be resolved by negotiation. If the dispute cannot be resolved through negotiations, disputes and disagreements may be resolved in accordance with the applicable laws of the Russian Federation in the courts at the location of the Foundation.
7. Banking Details
The Foundation is a legal entity incorporated and operating under the laws of the Russian Federation.
Full name: Vera Hospice Aid Charity Fund Short name: Vera Charity Fund
Address: 4 , 2nd Nikoloschepovsky Lane, Moscow, 121099
E-mail: fund@hospicefund.ru
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Director of the Charity Fund "Vera" |
Скоробогатова А. А. |