This Agreement is not a loan agreement or a grant agreement in the meaning of the provisions of the Civil Code of Ukraine. This agreement was concluded by the Parties on the basis of the principle of freedom of contract, it does not contradict the current legislation of Ukraine and meets the society morals.
The public offer agreement is public and, according to Articles 633 and 641 of the Civil Code of Ukraine, its terms are the same for all users, which unconditional acceptance (payment in any way in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered as acceptance of this Agreement between the gratuitous financial aid provider, the individual hereinafter referred to as Party 1, as a party of the first part, and the gratuitous financial aid recipient SHAKHTAR TRADING Limited Liability Company, ID number 36381493, hereinafter referred to as Party 2 that is represented by its Director Yurii Kuzmin acting on the basis of the Charter, as a party of the second part, and confirms the fact of its conclusion.
1.1. In the manner and under the terms and conditions specified in this Agreement, Party 1 provides gratuitous financial aid to Party 2 (hereinafter Financial Aid), i.e. transfers to Party 2 the ownership of the funds specified in cl. 2.1 of this Agreement.
1.2. The Agreement terms and conditions do not provide for the return of the funds received by Party 2, nor does it provide for any kind of compensation by Party 2 for the funds received from Party 1.
1.3. The Parties agree that the Financial Aid shall be provided by Party 1 for further use by Party 2 in order to help those affected by the Russian aggression against Ukraine and in connection with the imposition of martial law from 05:30 on February 24, 2022 in accordance with Decree of the President of Ukraine No. 64/2022 of February 24, 2022 "On the Imposition of Martial Law in Ukraine".
1.4. Acceptance of the Agreement means that Party 1 agrees with its every provision, is fully aware of the Agreement subject and the purpose of collecting Financial Aid.
1.5. Party 1 and Party 2 agree that the Agreement shall be deemed to have been concluded in writing from the moment Party 1 performs the actions provided for in the Agreement which confirm the Acceptance of the Agreement.
1.6. Party 1 agrees that the unused funds are non-refundable and may be reallocated for the needs within the Armed Forces’ requests.
1.7. Party 1 agrees that unused funds are non-refundable and may be reallocated for the needs within administrative costs.
2.1. The amount of Financial Aid under this Agreement shall be selected by Party 1 from the expenditure options proposed by Party 2, or determined independently by Party 1 by transferring funds to the account of Party 2 by bank transfer, debiting a bank card, or any other method.
2.2. Expenses related to the transfer of gratuitous financial aid (commissions for the transfer of funds, taxes, fees, etc.) shall be borne by Party 2.
2.3. Gratuitous financial aid is credited to the settlement account of Party 2 in a bank registered in Ukraine and / or to the accounts ("wallets") opened by Party 2 in financial companies (payment platforms / services).
3.1. Rights and obligations of Party 1:
- Party 1 is entitled to control the use of Financial Aid for its intended purpose by Party 2.
3.2. Rights and obligations of Party 2:
- informing Party 1 about the fulfilment of the objectives for which the Financial Aid was provided. Publishing the information about the used funds on the website, social media accounts, etc. is considered appropriate in terms of the informing obligation of Party 2;
- using the received Financial Aid exclusively for achievement of the purposes specified in cl. 1.2 of this Agreement.
4.1.Public fundraising for gratuitous financial aid is carried out in the territory of any country in the world.
5.1. Public fundraising lasts until the termination or abolition of martial law in Ukraine by a corresponding decree of the President of Ukraine, unless otherwise specified by the decision of Party 2, which Party 1 will be notified of by placing relevant information on the website of Party 2.
6.1. In case of breach of the obligations arising from this Agreement, the guilty Party shall be held liable and bear the responsibility stipulated by this Agreement and the current legislation of Ukraine.
6.2. Party 2 shall be liable to Party 1 only within the limits of the funds transferred by Party 1, the amount of which is specified in cl. 2.1 of this Agreement.
SHAKHTAR TRADING LLC Director Yurii Kuzmin