In these Terms the following terms have the following meanings:
1.1. The “Application” means the grant application submitted to the Trust by the Organisation in respect of the Project.
1.2. The “Grant” means the grant amount agreed to be paid by the Trust to the Organisation for use for the Project.
1.3. The “Organisation” means the organisation applying to the Trust for a grant. The Organisation may also be referred to in these Terms as “you” or “your”.
1.4. The “Project” means the project for which the Organisation has applied to the Trust for funding, as set out in the Application.
1.5. “Terms” means these terms and conditions, along with any documents and materials referred to in them which are incorporated into and form part of these Terms, including without limitation the Application.
1.6. The “Trust” means The Austin and Hope Pilkington Trust. The Trust may also be referred to in these Terms as “we”, “us”, or “our”.
1.7. “Website” means our website at www.austin-hope-pilkington.org.uk or such other replacement website from time to time.
In addition to the definitions above, references to the Trust and the Organisation (including their alternative defined terms as set out above), shall include any and all employees, contractors and representatives and any other persons acting on behalf of the Trust or the Organisation, as applicable.
2.1. Following our decision to award the Grant, we will make payment of the Grant to the Organisation once we have carried out all necessary checks to satisfy ourselves as to the Organisation’s eligibility to receive the Grant, including without limitation checking the Organisation’s details with the Charity Commission (or the equivalent body if the Organisation is based outside England).
2.2. You will acknowledge in writing receipt of payment of the Grant. Such acknowledgement shall be sent to our accountants at Austin and Hope Pilkington Trust care of John Duffy, Rathbones, Port of Liverpool Building, Liverpool L3 1NW.
3.1. You agree to use your best endeavours to use the full amount of the Grant, in accordance with the Application, within twelve (12) months of receipt. If after such timeframe you have not done so then you shall contact the Trust to discuss further expenditure.
3.2. You further agree to use best endeavours to make satisfactory progress with the Project in accordance with any timetable set out in the Application and any supporting documents (if any).
3.3. You will obtain our written agreement before making any change to the nature, scale or timing of the Project.
3.4. You acknowledge and agree that we will not increase the Grant amount if you spend more than planned for the Project.
3.5. If the cost of the Project decreases you will promptly notify us and we will have the right to require repayment of part of the Grant, by reference to the appropriate share of the Project budget as set out in the Application. In such event you agree to repay any such amount promptly and in any event within seven (7) days of notice from us.
4.1. You will use the Grant solely for the Project as detailed in the Application. If you wish to use the Grant money in any way other than in accordance with the use set out in the Application then you agree that you will contact us to discuss such possible use. If we do not agree to alternative expenditure then we may require repayment of some or all of the Grant and, if we do so, you agree that you will repay any such amount promptly (and in any event within seven (7) days of) request by us.
4.2. You will not use the Grant or any part of it to pay for any spending commitments made by the Organisation prior to the date of these Terms, unless we have agreed otherwise in writing.
5.1. You agree that you will complete an evaluation form promptly once the Project has been completed. Such form can be found on our Website or you can contact us to request a copy.
5.2. You will tell us immediately in writing of anything that significantly delays, threatens or makes unlikely the Project’s completion.
5.3. We shall have the right (but not the obligation) to visit the Organisation to review use of the Grant. If we wish to do so, we will mutually agree with you times and dates for any such visit (both parties acting always reasonably and in good faith).
6.1. You accept that we may also impose additional conditions on, or demand repayment of all or part of the Grant, or cancel any unpaid part of the Grant, at our absolute discretion in any of the following circumstances:
6.1.1. if any term or condition to which the Grant is subject is not complied with or is contravened;
6.1.2. if you fail to meet any of the terms and conditions set out in these Terms;
6.1.3. if you have completed the Application dishonestly or any information contained in the Application is significantly incorrect or misleading;
6.1.4. if you or any other person or organisation operating for you gives us any significantly misleading or inaccurate information, whether deliberate or accidental, during the application process or during the period of the Grant;
6.1.5. if at any time, in our reasonable opinion, any event occurs in relation to the Project or the Organisation which is likely to have a material adverse effect on the Trust or otherwise gives us reasonable cause for concern;
6.1.6. if at any time the structure or governance of the Organisation changes in a material way;
6.1.7. if any members of the Organisation’s governing body, volunteers or staff act at any time fraudulently, dishonestly or negligently or in any other way, directly or indirectly, which we reasonably consider will or does have a detrimental effect on the Organisation, the Project or the Trust or its reputation (or any or all of the foregoing);
6.1.8. if the Organisation, members of its governing body, staff or volunteers are subject to any investigation or formal enquiry by the Police, the Charity Commission (or the equivalent body if the Organisation is based outside England), HM Revenue & Customs, or any other regulatory body;
6.1.9. if the Organisation receives duplicate funding from any other source for the same or any part of the Project;
6.1.10. if the Organisation does not take positive steps to ensure equal opportunities in its own employment practices and the delivery of and access to its services;
6.1.11. if at any stage of the application process or the Project you do not provide us with any information reasonably requested by us and that would affect our decision to award, continue to pay or withdraw all or part of the Grant;
6.1.12. if the Organisation becomes legally ineligible to hold the Grant;
6.1.13. if the Trust has reasonable grounds to believe that it is necessary to protect its Grant money; or
6.1.14. if we have agreed changes to the Project.
6.2. In the event that we request repayment of any part (or all) of the Grant then you shall repay such sum in full within seven (7) days of such request.
6.3. You acknowledge that the Trust reserves the right to require the payment of interest on any sum that is repayable under these Terms at such reasonable rate and for such period up to the date of actual repayment as the Trust may in its absolute discretion determine.
7.1. You acknowledge that the Grant is not consideration for any taxable supply for VAT purposes by the Organisation to the Trust.
7.2. You further acknowledge and understand that payment of the Grant does not extend to paying any amounts in respect of VAT in addition to the Grant, and accordingly the Grant amount is inclusive of VAT.
You agree that you will:
8.1. promptly inform us about any changes to information you have provided, and you will make sure that the information we hold is always true and up to date;
8.2. at all times comply with all laws regulating the way in which the Organisation operates, the work it carries out and the staff it employs, and carry out procedures to check backgrounds and disclosures of all persons involved with the Organisation, where necessary. The Organisation will ensure that it has an equal opportunities policy and, where any project involves work with children, young people or other vulnerable groups, it will also have a protection policy to help comply with all relevant laws and good practice and to ensure their safety;
8.3. in the completion of the Project, act in a fair and open manner without distinction as to race, gender, religion, age, sexual orientation, disability or otherwise, and in compliance with relevant legislation;
8.4. obtain all approvals and licences and any profile checks required by law or reasonably required by us in respect of the Project;
8.5. remain registered with the Charity Commission (or the equivalent body if the Organisation is based outside England), unless you are exempt from doing so by virtue of the rules and regulations of the relevant body;
8.6. maintain adequate insurance at all times and, if asked, will supply copies of confirmation of insurance cover to us. This includes employee and public liability insurance and insurance that covers the full replacement value of any assets we have funded;
8.7. maintain suitable financial systems, checks and policies (including without limitation a whistleblowing policy) to effectively manage and reduce the risk of fraud, bribery and other issues;
8.8. ensure that all current members of your governing body or your executive team, if you are a statutory organisation, and all future members appointed during the period of the Project, receive a copy of these terms and conditions;
8.9. notify us as soon as reasonably practicable if any investigation or legal claims are made or threatened against the Organisation, including without limitation any investigations or claims made against or concerning members of the Organisation’s governing body or staff, the Organisation, its trustees, directors, employees or volunteers; and
8.10. facilitate full access to records relating to the Project, however and wherever held.
9.1. You acknowledge and agree that we may share information about the Grant with any parties of our choice. Details of the Project may be broadcast on television, on our Website, in newspapers and through other media. You agree to do whatever we reasonably require in order to assist with any form of publicity and marketing, including any press or media related activities.
9.2. You further agree that we may publicise any offer, or giving of, the Grant and that we may use the Organisation’s name in any and all publicity and materials relating to the Grant and to the Trust.
9.3. You shall be entitled to refer to the Trust in media produced about the Project and elsewhere, as appropriate, for example in annual reports, unless we ask you not to do so, and provided always that any such uses refer to the Trust by its full name i.e. The Austin and Hope Pilkington Trust.
9.4. You will discuss any media releases relating to the Grant with us before release.
10.1. Information provided by you will be stored on computer and in hard copy by the Trust. Summary details of information relevant to the award of funding may also be made available to the public via the Trust’s website, Annual Report and other Trust publications.
10.2. Personal data will be processed by the Trust in accordance with our Privacy Notice, which can be reviewed on our Website or otherwise by requesting a copy from us.
11.1. You acknowledge and agree that we may investigate any matters concerning the Grant (or any other grants we have given to you, if any) at any time during the Project or thereafter, and you agree that we accept no liability for any consequences, whether direct or indirect, arising from any investigation even if that investigation finds no cause for concern.
11.2. We shall have the right to assign any of our rights under these Terms to any other or any successor body.
11.3. No third party has any claim under these Terms and no person shall be entitled to any rights in respect of these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.4. These Terms shall be governed by and construed in accordance with the laws of England, whose courts shall be the courts of exclusive jurisdiction.