GENERAL PROVISIONS
1.1. This public offer (hereinafter referred to as the “Offer”) is an offer
Charitable Foundation for Disabled Children “Movement Up” (hereinafter
referred to as the “Benefactor”) in the person of Executive Director Agafonova Irina Andreevna,
acting on the basis of the Charter, to conclude with any individual and/ or legal
entity (hereinafter referred to as the “Benefactor”) a donation agreement (hereinafter referred to as the “Agreement”) on the terms
provided below.
1.2. The Beneficiary is a non-profit charitable organization established
in the form of a foundation operating on the basis of the Charter approved by the General Meeting
of the founders dated January 30, 2018 (hereinafter referred to as the “Charter”) and in accordance with Federal Law
No. 135–FZ dated 11.08.1995 (ed. dated 14.07.2022) “On Charitable Activities and
Volunteerism (Volunteering)”, has the necessary rights to receive
Donations (as this term is defined below) in the interests of carrying out its statutory
activities.
1.3. This offer is a public Offer in accordance with paragraph 2 of Article 437
The Civil Code of the Russian Federation.
1.4. The Offer comes into force from the day following the day of its posting on the website
The beneficiary on the Internet at
movementup.ru 1.5. The text of this Offer may be changed by the Beneficiary without prior
notice, the changes are effective from the day following the day of its posting on the Site.
1.6. The Offer is open-ended and valid until the day following the day
the notice of cancellation of the Offer is posted on the Website. The Beneficiary has the right to withdraw this Offer at any
time without explanation. Acceptance of the Offer after the date of withdrawal of the Offer is not allowed.
1.7. The Beneficiary is ready to conclude donation agreements in a different order and/or on other terms.
conditions other than those provided for in the Offer, for which any interested person has the right
to apply to the Beneficiary for the conclusion of the relevant contract.
1.8. In this Offer, unless the context requires otherwise, the following terms have
the following meanings:
1.8.1. “Offer” is a public offer of the Beneficiary addressed to any
individual and/or legal entity to conclude a donation agreement (hereinafter
referred to as the “Agreement”) on the existing terms contained in the Agreement;
1.8.2. “Benefactor” – a natural and/or legal person who has concluded with
The Beneficiary of the Contract on the terms contained in this Offer;
1.8.3. “Donation” – voluntary and gratuitous transfer of funds by the Benefactor to the
property of the Beneficiary;
1.8.4. “Acceptance” – full and unconditional acceptance by the Benefactor of the terms of this
Offers.
SUBJECT OF THE CONTRACT
2.1. Under this Agreement, the Benefactor, as a charitable donation
, transfers his own funds to the Benefactor in any way convenient for the Benefactor
in the amount determined by the Benefactor (hereinafter referred to as the “Donation”), and
The beneficiary accepts a charitable donation and uses it to
carry out statutory activities.
2.2. The implementation of actions by the Benefactor under this Agreement is recognized
as a donation in accordance with Article 582 of the Civil Code of the Russian Federation.
2.3. The Benefactor confirms that
the Donation transferred to the Benefactor belongs to the Benefactor on the right of ownership, is not burdened with the rights of third parties, and the Donation of the said Donation
by the Benefactor to the Benefactor is not free of charge.
violates the rights of third parties and the norms of the current legislation of the Russian Federation
THE PROCEDURE FOR CONCLUDING A CONTRACT AND TRANSFERRING A DONATION
3.1. The Benefactor independently determines the amount of the Donation and makes it to the address
The Beneficiary in any way specified on the Website. The document confirming
the Donation is a message sent by the Beneficiary or his
payment agent to the contact details of the Benefactor indicated by him when making the donation
Donations, or a note on the execution of a payment order in the Benefactor’s bank.
3.2. The Benefactor may:
3.2.1. Transfer the Donation by payment order according to the details of the Beneficiary
specified in Section 6 of the Offer, including through the personal account on the bank’s website
The Benefactor, as well as use payment terminals, plastic (bank)
cards, electronic payment systems and other means that allow the Benefactor
to make a Donation;
3.2.2. Send a short text message (SMS) to the short number indicated on the Website
(only from phone numbers issued to an individual), indicating the amount in the text
Donations;
3.2.3. Place cash funds in donation collection boxes
installed by the Beneficiary or third parties on behalf of and in the interests of
The beneficiary in public places;
3.2.4. Transfer the donation by any other means indicated on the Website.
3.3. The performance by the Benefactor of any of the actions provided for in paragraph 3.2.
of the Offer is considered acceptance of the Offer in accordance with paragraph 3 of Article 438 of the Civil
Code of the Russian Federation.
3.4. The date of acceptance of the Offer and, accordingly, the date of conclusion of the Contract is:
3.4.1. In the case provided for in clause 3.2.1. – the date of receipt of funds
The Benefactor to the current account of the Beneficiary, or, in appropriate cases, to the
account of the Beneficiary in the payment system;
3.4.2. In the case provided for in clause 3.2.2. – the date of sending a short text message
(SMS) indicating the donation amount in the text;
3.4.3. In the case provided for in clause 3.2.3. – the date of seizure by authorized representatives
The beneficiary of funds from the donation box.
RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Beneficiary undertakes to use the funds received from the Benefactor under this Agreement.
The contract funds strictly in accordance with the current legislation of the Russian Federation and
within the framework of its statutory activities.
4.2. The benefactor has the right, at his discretion, to choose the purpose of the donation by specifying
the appropriate “purpose of payment” when transferring the donation. The current list
of projects and charity programs is published on the Website, newsletters,
social networks and mass media.
4.3. Upon receipt of a donation to the charity program, the Beneficiary
independently specifies its use based on budget items
Charity program. The donations received and the donations necessary
for the implementation of the relevant charitable program can be distributed
The Beneficiary for the implementation of other Charitable programs of the Beneficiary
in accordance with Federal Law No. 135-FZ of 11.08.1995 (ed. of 14.07.2022) “On
Charitable activities and volunteerism (volunteering)” and by decision of the Council
The Foundation.
4.4. When receiving a donation with an indication of the purpose, for example, last name and first name
in need, the Beneficiary sends a donation to help this person. If the
amount of donations to a particular person exceeds the amount necessary to provide
assistance, the Beneficiary informs the Benefactors about this by posting information on
The website. The Beneficiary uses the positive difference between the amount
of donations received and the amount necessary to provide assistance to a particular person for the
implementation of the Beneficiary’s Charitable Program, while maintaining priority in
using the remaining funds to help other persons in need of such assistance.
help. By making a donation, the Benefactor agrees that after
fulfilling the purpose specified in the donation, the Benefactor independently determines
the purposes of using the donation within the framework of the Charity Program
The beneficiary.
4.5. Donations received by the Beneficiary without specifying a specific purpose
are directed to the implementation of the Beneficiary’s statutory Charitable programs in
accordance with Federal Law No. 135-FZ of 11.08.1995 (ed. of 14.07.2022) “On
Charitable Activities and Volunteerism (Volunteering)”.
4.6. By making a donation, the Benefactor agrees that in accordance with
Federal Law No. 135-FZ of 11.08.1995 (as amended on 14.07.2022) “On Charitable
activities and Volunteerism (Volunteering)” The beneficiary has the right to use
part of the funds received to finance organizational and administrative
expenses. The maximum amount of funds used for organizational and
administrative expenses of the Beneficiary may not exceed 20 (Twenty) percent
of the amount spent for the financial year. This restriction does not apply to
remuneration of persons involved in the implementation of charitable programs of the Foundation.
4.7. The Benefactor gives the Beneficiary consent to the processing of the provided
When donating personal data (full name, address,
place of residence, e–mail address, mobile phone number, bank
details, other data – for individuals; name, location, donation amount
, other data – for legal entities), including to third parties (on
the basis of an agreement with the Beneficiary), for the purposes of execution of this Agreement,
including the following actions: collection, recording, systematization, accumulation, storage,
clarification (updating, modification), extraction, use, transfer (distribution,
provision, access), depersonalization, blocking, deletion, destruction
of personal data. In all other cases, the Beneficiary undertakes not to disclose
the personal information of the Benefactor to third parties without his written consent.
The exception is the requirements of this information by state bodies
that have the authority to require such information. Consent to the processing of personal
data is valid for an unlimited period. Such consent may be revoked
By the Benefactor at any time by sending a written
notification to the Benefactor by e-mail to the e-mail address
The beneficiary info@movementup.ru with the note “Withdrawal of consent to the processing
of personal data”.
4.8. The Benefactor has the right to receive information about the use of his
Donations by accessing information posted on the Website and including:
- information about the amounts of Donations actually received by the Beneficiary (credited to the Beneficiary’s settlement account), indicating the name and first letter of the Benefactor’s surname or the name of the organization that donated the Donation, or part of the Benefactor’s phone number;
- a report on the payments of the Beneficiary indicating the bank payment information.
4.9. Unless otherwise provided by applicable law, the Donation is not
subject to VAT, and the Benefactor has the right to receive a social tax deduction
for the amount of charitable donations made by him.
4.10. The Beneficiary publishes information about his work and reports on the results
of his activities on the Website.
OTHER CONDITIONS
5.1. In case of disputes and disagreements between the Parties under this Offer
and/or the Agreement, they will be resolved through negotiations if possible. If it is
impossible to resolve the dispute through negotiations, disputes and disagreements may be resolved in
accordance with the current legislation of the Russian Federation in
the courts at the legal address of the Beneficiary.
5.2. The Parties are responsible for the accuracy of the information provided to each
other.
5.3. By performing the actions provided for in this Offer, the Benefactor confirms,
that I am familiar with the terms and text of this Offer, the objectives of the activity
The Beneficiary is aware of the significance of his actions, has the full right to commit them and
fully accepts the terms of this Offer.
5.4. This Offer and the Agreement are regulated and subject to interpretation in accordance with
the legislation of the Russian Federation.
5.5. The Beneficiary does not bear any other obligations to the Benefactor, except
for the obligations specified in this Offer.