Terms and Conditions
- To qualify for the Funding the Project must demonstrate that it meets at least one of the following criteria:
i. To support improvements to the environment or local community initiatives promoting health, wellbeing, cost of living and environmental objectives.
ii. To support activities undertaken by community groups (specifically with health, wellbeing, cost of living and environmental objectives).
iii. Improving and supporting local education activity (e.g. water efficiency, environmental work etc). - The Funding provided must not be used to fund the Project if is conditional on obtaining additional funding or consents.
- The offer of Funding must be accepted within fourteen (14) days of signing the Letter of Agreement and returning it to the Funder otherwise the offer of Funding will be deemed to have been withdrawn.
- Work on the Project must not have commenced prior to the acceptance of the offer of Funding being received by the Funder.
- The Funding must only be applied for the Project and must be undertaken subject to all of the terms and conditions of this Letter of Agreement. The Funder must be informed in writing, within a reasonable period of time, of any change to the Project, its cost or estimated cost or its financing. In the event of a change in the Project in respect of which the Funder has not given prior approval the Funder reserves the right to request repayment of the Funding from the Applicant.
- The Project must be completed within twelve (12) months of the date of this Letter of Agreement. The Funder may grant an extension of time where a Project has been delayed because of unforeseeable circumstances beyond the Applicant’s reasonable control subject to the Applicant providing the Funder with written notice after becoming aware of the delay.
- All materials purchased for delivery of the Project must be from ecologically responsible and sustainable sources where possible. For example, all wood used must be FSC certified and documented as such.
- Any equipment/items purchased by the Applicant for delivery of the Project will remain the property of the Applicant. The Applicant shall ensure that any equipment/items are kept in good order and a proper state of repair. The Applicant shall be responsible for the future management, maintenance, repair and reinstatement of any part of the Project or associated schemes or any equipment/items.
- Where the Project results in the production of a report, the copyright in that report will belong to the author of that report, but it is an express condition of this Letter of Agreement that the Funder shall be entitled to use that report for all research, promotional and statutory purposes.
- The whole of the Funding shall be utilised to finance the approved Project and for no other purpose. The Funding is solely for the benefit of the Applicant and for no other person or third party and the Applicant shall not be entitled to assign or transfer the benefit of the Funding in whole or in part or any of his rights or obligations under this Letter of Agreement without the prior express written approval of the Funder.
- Any person authorised by the Funder shall have the right to inspect any part of the Project, its records or financial records at any reasonable time and the Applicant shall ensure that any person so authorised the Funder shall be afforded unrestricted access to the Project for this purpose.
- All invoices, receipts, bank records and papers related to the Project must be available for inspection at any time by an officer or person authorised by the Funder. Papers relating to the Project must be kept for twelve (12) months from the end of the Project.
- The Applicant must notify the Funder in writing immediately of any under-spend of the Funding. The Funder shall be entitled to require re-payment of the whole or part of such under-spend.
- In the event of a material breach of any of the above terms and conditions or any misrepresentation by the Applicant in connection with its application for the Funding the Applicant shall repay to the Funder within fourteen (14) days on demand the whole or such proportion of the Funding as determined by the Funder. The Applicant shall immediately notify the Funder in writing of the occurrence of any of the above events.
- No failure by the Funder to exercise any right, power or privilege shall operate as a waiver of any of the terms or conditions of this Letter of Agreement.
- The Applicant shall follow best practice in relation to the Welsh Language and Equal Opportunities.
- The Applicant shall maintain an appropriate comprehensive policy of insurance and liability cover in respect of all works, materials, equipment and staff funded by the Funding. Such insurance and liability shall cover loss damage or theft of all the equipment and, in respect of the staff funded by the Funding, personal injury or death to any person. If the Funder so demands the Applicant shall produce evidence of such current insurance cover.
- The Funder accepts no liability for any consequences, whether direct or indirect, that may come about from the Applicant running the Project, the use of the Funding or from withdrawal of the Funding.
- If the Applicant is a company which goes into liquidation (including being subject to an administration order), receivership, bankruptcy, enters into any arrangement with creditors or is likely, in the reasonable view of the Funder, to become unable to pay any of its debts, then the Funder shall be entitled to withhold any further payments of the Funding to the Applicant or to anyone acting for or on its behalf or in its name, and reclaim any part payment already paid.
- The Applicant shall be responsible for:
i. Delivery of the Project.
ii. Obtaining all permissions and consents associated with the Project.
iii. All risks associated with the Project. - The Funder shall not undertaken any organisational or management role in the delivery of the Project.
- The Funder shall be entitled to independently make public in such a manner as the Funder may require details of the Funding given to the Applicant for the purposes of publicity should it so require. The Applicant shall not publicise the Funder’s contribution to the Project without the prior written approval of the Funder.
- The Applicant may not use or reproduce the Funder’s logo or trade or business marks for any purposes without the Funder’s prior consent in writing.
- Within twelve (12) months of receiving the Funding, the Applicant shall complete and return to the Funder the Community Fund Completion Report set out at Schedule 1 of this Letter of Agreement.
- This Letter of Agreement shall not create any commercial partnership or joint venture between the Funder and the Applicant, nor any relationship of principal and agent, nor authorise any party to make or enter into any commitments for or on behalf of the other party.
- This Letter of Agreement shall be governed by the Laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.