Public Offer Agreement

Terms and definitions

1.1. Foundation — the “Wings of Dream” Charitable Foundation, a non-profit organisation established and operating in accordance with the legislation of the Russian Federation, PSRN 1257700585955.

1.2. Donor — a natural or legal person who has accepted the Offer and thereby transferred a donation to the Foundation.

1.3. Donation — a voluntary gratuitous donation of funds for generally beneficial purposes within the meaning of Article 582 of the Civil Code of the Russian Federation and Federal Law No. 135-FZ of 11 August 1995 “On Charitable Activity and Volunteering”.

1.4. Statutory activity — the activity of the Foundation provided for by Section 2 of the Foundation’s Charter: social support and protection of citizens, support for activity in the fields of education, science, culture, the arts and enlightenment, commemoration of those who died defending the Fatherland, support for the institution of the family, motherhood, fatherhood and childhood, and the strengthening of peace, friendship and concord between peoples.

1.5. Site — the website of the Foundation in the “Internet” information and telecommunications network at blago.moscow.

Subject of the Agreement

2.1. The Donor transfers funds to the Foundation free of charge as a donation towards the statutory activity of the Foundation, and the Foundation accepts the donation and uses it in accordance with its Charter and the legislation of the Russian Federation.

2.2. The transfer of funds under this Agreement is a donation for purposes of general benefit and is not an ordinary gift, a sponsorship contribution or payment for goods, works or services, nor does it give rise to any reciprocal obligations of a proprietary nature on the part of the Foundation towards the Donor.

2.3. The donation is not subject to value added tax pursuant to subparagraph 1 of paragraph 2 of Article 146 of the Tax Code of the Russian Federation.

2.4. The conclusion of the Agreement does not give the Donor any rights to the property of the Foundation, to participation in the management of the Foundation, or to receipt of any part of its income.

Procedure for concluding the Agreement

3.1. The Offer is deemed accepted, and the Agreement concluded in written form, from the moment the funds are credited to the settlement account of the Foundation specified in Section 10 of the Agreement.

3.2. The Offer may be accepted by any of the following means: a transfer to the Foundation’s bank details through a credit institution or a banking application; a transfer through other payment services that ensure the crediting of funds to the settlement account of the Foundation.

3.3. The date of acceptance is the date on which the funds are credited to the settlement account of the Foundation. The Agreement remains in force until the parties have fully performed the obligations they have assumed.

3.4. Acceptance means that the Donor has read and agrees to the terms of the Agreement in the version published on the site on the date of acceptance.

Amount of the donation and payment purpose

4.1. The amount of the donation is determined by the Donor independently. The Foundation sets no minimum or maximum amount for a donation.

4.2. In the payment purpose the Donor is advised to state: “Voluntary donation towards the statutory activity of the foundation. Not subject to VAT”.

4.3. The Donor may specify in the payment purpose a particular use for the donation — a beneficiary or a project of the Foundation from among those published on the Site. In that case the Foundation uses the donation for the purpose specified.

4.4. If the payment purpose is not specified, or is specified in general terms, the Foundation independently determines how the donation is used within the scope of its statutory activity.

4.5. If use of the donation for the purpose specified by the Donor becomes impossible owing to changed circumstances, the Foundation may use the donation for another purpose within the scope of its statutory activity with the Donor’s consent, or, where such consent cannot be obtained, in the manner provided for by paragraph 4 of Article 582 of the Civil Code of the Russian Federation.

Rights and obligations of the parties

5.1. The Foundation undertakes to use the donations it receives solely in accordance with the purposes set out in the Charter of the Foundation and with the legislation of the Russian Federation on charitable activity.

5.2. The Foundation undertakes to use no less than 80 per cent of donations in monetary form for charitable purposes within one year of receiving the donation, in accordance with paragraph 4 of Article 16 of Federal Law No. 135-FZ.

5.3. The Foundation may not spend more than 20 per cent of the funds it disburses in a financial year on the remuneration of administrative and managerial staff, in accordance with paragraph 3 of Article 16 of Federal Law No. 135-FZ. This restriction does not apply to the remuneration of persons involved in carrying out charitable programmes.

5.4. The Foundation undertakes to keep separate records of all transactions involving the use of donations and to publish annually a report on its activity and on the use of its property in the manner established by the legislation of the Russian Federation and by the Charter of the Foundation.

5.5. The Donor may request information from the Foundation on the use of the donation they have made. The Foundation provides such information within 30 calendar days of receiving a written request sent to info@blago.moscow.

5.6. The Donor confirms that the funds transferred as a donation were obtained lawfully, belong to them on lawful grounds, and that their transfer does not infringe the rights of third parties.

Refund of a donation

6.1. A donation transferred to the Foundation is non-refundable, except in the cases provided for by this section and by the legislation of the Russian Federation.

6.2. The Foundation refunds a donation where funds have been transferred in error, or where the sum transferred exceeds the Donor’s intention, provided that the Donor sends a written application to info@blago.moscow setting out the circumstances of the payment and enclosing a document confirming the transfer.

6.3. An application for a refund is considered by the Foundation within 10 working days. The refund is made to the same account details from which the payment was received, within 10 working days of the decision to refund.

6.4. The Donor may demand the revocation of a donation where the Foundation has used it otherwise than for the purpose specified by the Donor, in the manner provided for by paragraph 5 of Article 582 of the Civil Code of the Russian Federation.

Personal data

7.1. By accepting the Offer, a Donor who is a natural person gives the Foundation consent to process their personal data contained in payment documents and in communications sent to the Foundation, to the extent necessary to perform the Agreement, to keep accounting and tax records and to discharge the obligations established by the legislation of the Russian Federation.

7.2. Personal data are processed in accordance with Federal Law No. 152-FZ of 27 July 2006 “On Personal Data” and with the Personal Data Processing Policy published on the Site.

7.3. Consent may be withdrawn by sending written notice to info@blago.moscow. Withdrawal of consent does not terminate the processing of personal data to the extent necessary to discharge the obligations provided for by the legislation of the Russian Federation.

7.4. The Foundation does not transfer Donors’ personal data to third parties, except in the cases expressly provided for by the legislation of the Russian Federation, and does not publish information about Donors without their consent.

Tax implications for the Donor

8.1. A Donor who is a natural person may claim a social tax deduction for personal income tax in the amount of the donation expenses actually incurred, in the manner and on the conditions established by subparagraph 1 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation.

8.2. To claim the deduction, the Donor may request from the Foundation documents confirming receipt of the donation by sending a request to info@blago.moscow.

8.3. The Foundation is not a tax agent for the Donor and does not advise on the application of tax benefits.

Final provisions

9.1. The Foundation may amend the terms of the Offer or withdraw it at any time. Amendments take effect from the moment the new version of the Offer is published on the Site and do not apply to donations made before the date of publication.

9.2. The current version of the Offer is published on the Site at blago.moscow. The date of the latest version is given at the beginning of the document.

9.3. The invalidity of individual provisions of the Agreement does not render the Agreement invalid as a whole.

9.4. The relations between the parties are governed by the legislation of the Russian Federation. Disputes are settled through negotiations and, failing agreement, in the court at the location of the Foundation, subject to the mandatory pre-trial claim procedure. The time limit for responding to a claim is 30 calendar days from the date of its receipt.

9.5. All matters relating to the performance of the Agreement should be sent to info@blago.moscow or raised by telephone on +7 934 555-26-66.

Bank details of the Foundation