CIVIC UNION "UKRAINIAN TECH ECOSYSTEM", hereinafter referred to as the "Union", acting in accordance with the Civil Code of Ukraine and the Law of Ukraine "On Civil Associations", publicly offers an unlimited number of legally capable individuals and private legal entities (hereinafter — the "Donor") to enter into this Voluntary Donation Agreement (hereinafter — the "Agreement") on the following terms:
DEFINITIONSPublic Offer — the current and open proposal of the Union, published on its official website, addressed to an unlimited number of persons, to make a voluntary donation under the terms set out in this Agreement.Acceptance of the Offer — the full, unconditional, and unreserved acceptance by the Donor of the terms of this Public Offer by making a Voluntary Donation through the Payment Service available on the Union’s Website, or by transferring funds to the Union’s bank account details. The Offer is deemed accepted from the moment the funds are credited in favor of the Union.Voluntary Donation — an irrevocable financial contribution in the form of a voluntary transfer of funds by the Donor to the ownership of the Union, for the purpose of supporting and financing its statutory activities. Such contribution is exempt from value added tax (VAT) in accordance with applicable Ukrainian law and does not entitle the Donor to any compensation, goods, services, reciprocal property or non-property rights, or commercial benefits from the Union.Donor — any legally capable individual or private legal entity (resident or non-resident of Ukraine) who voluntarily and of their own free will makes Acceptance of this Offer and makes a Voluntary Donation in favor of the Union.Union's Website — the set of software tools, information pages, and graphic elements located on the Internet at: https://techosystem.org, used by the Union to present its activities, engage with participants of the technology sector, and collect donations.Payment Service — a service that enables payments to be made on the Union’s Website, provided by the relevant payment service provider. As of the date this Offer was published, such Payment Service is WayForPay, provided by LLC Finance Company "WAY FOR PAY". The Union has the right to change the Payment Service used on the Website without amending this Offer.
SUBJECT MATTER OF THE AGREEMENTThe subject matter of this Agreement is the gratuitous, voluntary, and irrevocable transfer by the Donor to the Union of monetary funds (hereinafter — the "Donation") by transferring them to the Union’s bank account details or by making a payment on the Union’s Website through the Payment Service, for the purpose of financing its statutory activities.The Donor independently, at their own discretion and based on their personal financial capacity, determines the amount and frequency (one-time or recurring) of the Voluntary Donation.The transfer of funds under this Agreement constitutes a donation within the meaning of Article 729 of the Civil Code of Ukraine. This Agreement is not a transaction for the provision of services, performance of works, or sale of goods. The Union assumes no obligation to provide the Donor with any goods, services, commercial benefits, reciprocal property or non-property rights, or to ensure the Donor's participation in the Union's governing bodies.The transfer of a Donation under this Agreement does not constitute an entry fee, membership fee, targeted contribution, or any other mandatory payment related to acquiring or maintaining membership in the Union, and is governed separately from the Union's internal corporate or membership procedures.The Donor warrants that:
the funds transferred as a Donation belong to the Donor on legal grounds, are not subject to arrest, pledge, or prohibition on alienation, and have no criminal or otherwise unlawful origin;the Donor has full legal capacity to enter into this Agreement and make the payment, and their expression of will is free and reflects their genuine intent.
PURPOSE AND INTENDED USE OF THE DONATIONThe Union is a non-profit organization and does not pursue profit. Voluntary Donations received under this Agreement are used exclusively to finance the Union’s operating expenses, the implementation of its statutory purpose (goals and objectives), and the activities defined in the Union’s Charter.Donations under this Agreement are considered provided for the Union’s general statutory purposes, activities, and operating expenses. In such cases, the Union independently, through its statutory governing bodies, determines the specific directions and amounts for the allocation of such funds within the scope of its non-profit activities.The use of Voluntary Donations received by the Union is carried out in compliance with the requirements of the Tax Code of Ukraine regarding the use of income (profits) of non-profit organizations and the prohibition on their distribution.
ACCEPTANCE PROCEDURE AND TRANSFER OF FUNDSThis Agreement is concluded by the Donor joining the terms of this Offer in full, without any reservations, modifications, or exclusions.Full, unconditional, and unreserved Acceptance of this Offer is the performance by the Donor of conclusive actions, namely — making a Voluntary Donation using one of the following methods:● by independently transferring funds in national or foreign currency to the Union’s bank account details specified in this Offer or on the Union’s Website; ● or directly on the Union’s Website, by making a payment through the Payment Service available there.
The Agreement is deemed concluded in written form (in electronic form) from the moment the funds are credited in favor of the Union.When making a payment through the Payment Service, the Donor independently determines the amount of the donation and fills in the information required to process the relevant payment transaction. Payments made through the Payment Service available on the Union’s Website are deemed Voluntary Donations for the Union’s statutory activities in accordance with this Offer.When transferring funds to the Union’s bank account details, the Donor is recommended to indicate the following payment purpose: "Voluntary donation for the statutory activities of the Union."If, when making a payment to the bank account details, the Donor did not indicate the recommended payment purpose or indicated it incompletely (for example, "voluntary contribution," "charitable contribution," "donation," "financial assistance," etc.), such payment shall nevertheless be recognized by the Parties as a Voluntary Donation for the Union’s general statutory activities within the scope of this Offer.Funds transferred by the Donor under this Agreement are non-refundable, except in cases where such refund is expressly provided for by applicable Ukrainian law.When a Voluntary Donation is made, banks, correspondent banks, payment systems, payment services, and other persons involved in processing the payment transaction may charge commissions and other fees in accordance with their established tariffs and rules. Commissions and other costs charged directly to the Donor shall be borne by the Donor. Commissions and other costs that, under the terms of the relevant services, are borne by the Union shall be borne by the Union.
RIGHTS AND OBLIGATIONS OF THE PARTIESThe Union has the right to:
Accept funds from the Donor in the national currency of Ukraine (hryvnia) and in foreign currency (subject to compliance with Ukrainian foreign exchange legislation) in accordance with the terms of this Agreement;Independently, through its statutory governing bodies, determine the goals, directions, specific projects, programs, and timelines for the use of received Voluntary Donations within the scope of its statutory activities and this Agreement;Publish reports on the use of received donations in general form on its Website or in other public sources, in compliance with confidentiality requirements.
The Union is obligated to:
Use the funds received from the Donor exclusively for the implementation of the Union's statutory purpose, objectives, and activities as defined in the Union's Charter, as well as for financing the Union's operating expenses;Ensure the Donor has open access to information about the Union's statutory activities by publishing such information on the official Website;Strictly comply with the requirements of Ukrainian tax legislation applicable to non-profit organizations and prevent the use of received funds for commercial profit or personal enrichment;Maintain proper accounting, financial, and tax records of received donations in accordance with accounting standards approved in Ukraine.
The Donor has the right to:
Voluntarily, at their own discretion, at any time and in any amount, make a Voluntary Donation in favor of the Union using one of the methods provided for in this Offer;Receive information about the general results of the Union's activities and the progress of its projects and programs by reviewing materials published by the Union on its official Website;Review the current version of this Public Offer on the Union's Website prior to making Acceptance.
The Donor is obligated to:
Review the terms of this Agreement prior to making payment (Acceptance);Provide accurate information about themselves, where such information is required by Ukrainian law (in particular, legislation on the prevention and counteraction of money laundering).
LIABILITY AND DISPUTE RESOLUTIONFor failure to perform or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with applicable Ukrainian law and the terms of this Agreement.The Union shall be liable for breach of the terms of this Agreement and for the use of Voluntary Donations contrary to the Union’s statutory purposes and the requirements of Ukrainian legislation applicable to non-profit organizations.The Union shall not be liable for:technical failures, errors, malfunctions, delays, or other disruptions in the processing of a payment transaction arising through the fault of banks, payment systems, payment services, acquirers, or other third parties involved in processing the payment;the Donor’s inability to make a payment due to technical problems with the Donor’s internet connection or devices, the operation of the Payment Service, or due to force majeure circumstances;the content and accuracy of the data provided by the Donor when making the payment.All disputes, disagreements, or claims that may arise between the Donor and the Union in the course of performing this Agreement, or in connection with it, shall be resolved by the Parties through negotiation, subject to a pre-trial dispute resolution procedure.The Union’s review period for a written claim from the Donor is 30 (thirty) calendar days from the date of its receipt by the Union at the official email or postal address specified in this Agreement. The claim must include a copy of a document confirming that the payment was made (a bank statement, receipt, etc.).If the Parties fail to reach an agreement through negotiation and the dispute cannot be settled through the pre-trial procedure, such dispute shall be resolved in court, in accordance with the established jurisdiction and venue rules under applicable Ukrainian procedural law.
TERM OF THE OFFER AND AGREEMENTThis Public Offer enters into force upon its publication on the Union's official Website, is open-ended, and remains in effect until revoked or amended by the Union.The Union reserves the right at any time, at its own discretion and without prior notice to Donors, to amend or supplement the terms of this Offer or to revoke it. Amendments take effect upon publication of the updated version of the Offer on the Union's Website.The Donor is solely responsible for reviewing the current version of the Offer prior to each Voluntary Donation. Making a payment after the Offer terms have been amended constitutes the Donor's full and unconditional acceptance of the Agreement in its updated version.The Voluntary Donation Agreement concluded through Acceptance of this Offer by the Donor enters into force from the moment of the Donor's transfer of funds and remains in effect until the Parties have fully performed their obligations under this Agreement.The Union's obligations under this Agreement are deemed fulfilled upon the use of received Voluntary Donations for the Union's statutory purposes, objectives, and activities.The Agreement terminates in cases provided for by applicable Ukrainian law, as well as upon liquidation or reorganization of the Union as a legal entity (subject to compliance with statutory requirements regarding the transfer of a non-profit organization's assets to other non-profit organizations of a similar type or their transfer to the state budget).
PERSONAL DATA PROTECTIONBy making Acceptance of this Offer, the Donor — an individual — grants the Union their full, unconditional, and voluntary consent to the collection, processing, accumulation, storage, and use of their personal data.
The scope of the Donor’s personal data that may be processed in connection with the making of a Voluntary Donation is determined by the method used to make the payment, and may include, in particular, the Donor’s surname, first name, patronymic, email address, phone number, payment amount, and information about the payment transaction performed.
Where payment is made through the Payment Service, the payment data required to process the transaction is entered by the Donor in the secure payment environment of the relevant Payment Service and is processed by it in accordance with its established rules and policies. The Union does not receive or store the Donor’s CVV2/CVC2 codes, PIN codes, or other authentication data relating to the Donor’s payment card.
To ensure that the payment is processed and identified, the Donor’s personal data, to the extent necessary for processing the payment transaction, may be processed by the relevant banks, payment systems, payment services, and other persons involved in processing the payment, in accordance with the requirements of the law and their own personal data processing rules.The processing of the Donor’s personal data by the Union is carried out in accordance with the Law of Ukraine "On Personal Data Protection" for the purposes of:● the proper performance of the terms of this Agreement;● maintaining accounting, financial, and tax records of received donations in accordance with Ukrainian law;● identifying payments and generating the Union’s internal reporting;● communicating with the Donor (sending confirmations of receipt of the donation, informational newsletters about the Union’s activities, or reports on the use of funds, provided the Donor has not opted out of such communications).
The Union undertakes to ensure an adequate level of protection of the Donor’s personal data against unlawful processing, accidental loss, destruction, or damage, as well as against unauthorized access by third parties.The Union ensures the security of the Donor’s personal data. The Donor grants the Union the right (consent) to disclose their name (or the name of the legal entity) and the amount of funds transferred in the Union’s public reports, on the official Website, or on the Union’s social media pages, for the purpose of ensuring transparency of its activities. If the Donor wishes to remain anonymous and objects to the public disclosure of their name, they have the right to notify the Union by sending a letter to the email address specified in the details section of this Agreement.Consent to the processing of personal data is granted by the Donor for the period necessary to achieve the purposes of processing, but not less than the period established by Ukrainian law for the retention of primary accounting and financial documents.The Donor holds all rights provided for under Article 8 of the Law of Ukraine "On Personal Data Protection," including, in particular, the right to receive information about the conditions under which access to personal data is granted, the right to access their own personal data, and the right to submit a reasoned request for the modification or destruction of their personal data by the Union.
FINAL PROVISIONS AND UNION DETAILSThis Agreement is governed by and interpreted in accordance with the applicable substantive and procedural law of Ukraine. All legal relations arising in connection with the performance of this Agreement that are not regulated by its text shall be governed by the Civil Code of Ukraine, the Law of Ukraine "On Civil Associations," and other applicable Ukrainian legislation.This Offer has been drafted in Ukrainian. For the convenience of foreign Donors, the text of the Offer or its individual sections may be translated into English. In the event of any discrepancy between the Ukrainian and English versions, the Ukrainian text shall prevail.If any provision of this Agreement is found by a court to be invalid or to have lost legal force, this shall not affect the validity of the Agreement as a whole and shall not release the Parties from performing its remaining terms.
UNION DETAILSCIVIC UNION "UKRAINIAN TECH ECOSYSTEM"
English name: Ukrainian Tech EcosystemLegal address: 58 Yaroslavska Street, Kyiv, 04071, Ukraine
EDRPOU code: 44736416
Contact email: moc.metsysohcetau%40tcatnoc
Current account (UAH): UA853348510000000026000184533Bank: PUMB (First Ukrainian International Bank)MFO: 334851
Current account (USD): UA853348510000000026000184533Bank: PUMB (First Ukrainian International Bank)MFO: 334851
Current account (EUR): UA853348510000000026000184533Bank: PUMB (First Ukrainian International Bank)MFO: 334851