STANDARD GRANT TERMS AND CONDITIONS

YOUR ORGANISATION

  • You confirm your governing body has at least three unrelated members who are not remunerated for their governance role (unless specifically authorised by your governing document) and that this will be maintained throughout the grant period.
  • You will tell Somerset Community Foundation (“SCF”, “we”, “us”) immediately if your main contact details change or if your organisation undergoes a merger, takeover, or material change in legal status or governance that no longer meets our criteria. We reserve the right to terminate the grant if we are not satisfied the new structure can deliver the project or meets our eligibility criteria.

USING YOUR GRANT

  • Unless agreed otherwise, the grant is restricted and must only be used within the timescale set out in your grant offer letter and for the project, activities and costs set out in your approved application or as otherwise agreed in writing by SCF.
  • If your project underspends or you are unable to deliver as planned, you will tell us promptly. If this is the case, then SCF may vary, withhold or reclaim part of the grant, or agree a revised plan with you.
  • You will tell SCF as soon as possible if there are significant changes to your project, timetable, budget, key staff/volunteers or partnership arrangements.
  • You will tell SCF if you receive other funding for the same project or costs. You will not use this grant to pay for costs that are already covered by another funder.
  • You will not transfer the grant to another organisation without SCF’s prior written agreement.

PAYMENTS, RECORDS AND AUDIT

  • The grant will be paid into, and held in, a UK bank account in the name of your organisation, unless agreed otherwise in writing. At least two unrelated people, not related by blood, marriage, civil partnership, or living at the same address, should be authorised to approve payments from this account.
  • Expenditure incurred prior to the date of this grant offer cannot be funded and will not be eligible for reimbursement unless otherwise agreed. Receipts must be dated on or after the start date specified in your offer.
  • You will keep accurate and up-to-date financial records relating to the grant, including receipts and invoices, for at least 7 years, and make these available to SCF or its representatives on request.
  • You will put in place appropriate financial controls and take reasonable steps to prevent fraud or misuse of funds. You will tell SCF immediately if you suspect fraud, theft or any other misuse of the grant.
  • SCF may suspend payments, vary the schedule, or require additional information if we have concerns about governance, finances or delivery.

PURCHASING GOODS, WORKS OR SERVICES

  • At least 2 competitive quotes or tenders must be sourced for purchases of goods, works, or services between £5,000 and £10,000. 3 quotes or tenders must be sourced for purchases above that limit. Where multiple quotes cannot be obtained due to the specialist nature of the goods/services or lack of suppliers, you must provide a written justification and obtain our prior agreement.
  • You will not sell, give away or dispose of assets with a purchase value of over £1,000 bought with the grant without SCF’s prior consent, and you accept that we may require repayment of part of the grant if assets are sold or transferred. These terms apply for 5 years from the date of purchase.
  • You retain ownership of all intellectual property rights in any materials produced using the Grant. You grant SCF a perpetual, royalty-free, non-exclusive licence to use, reproduce, and distribute such materials for non-commercial purposes.

MONITORING, LEARNING AND VISITS

  • You will complete any reasonable monitoring or end-of-grant reports requested by SCF, on time and in the format we provide.
  • You will cooperate reasonably with any evaluation or learning activity related to the grant and share information about progress, challenges and outcomes.
  • You agree that SCF staff, trustees or representatives may visit your project or attend activities with reasonable notice.

PUBLICITY, LOGOS, DATA AND IMAGES

  • You will acknowledge the support of SCF and, where applicable, any named fund or donor in your publicity, social media, publications and annual report, using any wording or logos we provide.
  • SCF may publish information about your grant (for example your organisation name, project title, amount awarded and a brief description) in reports, on our website, in other communications, and as open data in the 360Giving database.
  • If you share photos, videos, case studies or quotes with SCF, you confirm that you have obtained any necessary permissions and consents, including for anyone under 18 or adults at risk, unless you tell us otherwise. You grant SCF a non-exclusive licence to use this material in print and digital communications to promote our work and the impact of the fund.
  • You will comply with data protection law (including UK GDPR and the Data Protection Act 2018). You will only share personal data with SCF where this is necessary and lawful, and where appropriate consent has been obtained. SCF will process any personal data it receives from you in line with our privacy notice.

SAFEGUARDING, SAFETY, EQUALITY AND INSURANCE

  • If your work involves children, young people or vulnerable adults, you will have and follow a suitable safeguarding policy, carry out DBS checks where needed and ensure staff and volunteers are trained and supervised appropriately.
  • You will comply with equality and anti-discrimination laws and take reasonable steps to ensure your activities are welcoming and inclusive.
  • You will take reasonable care of the health and safety of everyone involved in the project and comply with relevant health and safety requirements.
  • You will maintain appropriate insurance for your activities and assets funded by the grant (for example public liability, employers’ liability, buildings and contents, as applicable) and provide evidence of cover on request.

BRIBERY, SLAVERY, AND POLITICS

  • You must comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010. You must not offer, give, or agree to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do any act in relation to this Grant.
  • You must ensure that your organisation and its supply chain are free from modern slavery and human trafficking and comply with the Modern Slavery Act 2015 where applicable.
  • The Grant must not be used to support or oppose any political party, candidate, or politician, or for any purpose that is not charitable in law or stated purpose of your organisation. Any campaigning activity must be in furtherance of your charitable objects and conducted in a non-partisan manner.

WHEN THINGS GO WRONG

1. You will tell SCF immediately if any of the following happens during the grant period, whether or not it directly relates to our funding:

  • a serious safeguarding incident;
  • a serious complaint about your organisation or the funded project;
  • fraud, theft or financial irregularity;
  • an investigation by a regulator, or significant regulatory action;
  • risk of insolvency, closure or significant legal action;
  • anything else that may damage the reputation of SCF or our funders

2. SCF may withhold or suspend payments, reduce or cancel the grant, or require repayment (in whole or in part) if:

  • the grant is not used as agreed, or is used unlawfully or negligently;
  • you fail to comply with these terms and conditions;
  • you do not provide information or reports when requested;
  • your organisation ceases to operate or is wound up; or
  • we reasonably believe continuing the grant would put beneficiaries, public funds or SCF’s reputation at unacceptable risk.

3. If the project ends early or the grant is not fully spent, you will return any unspent funds to SCF unless we agree another use in writing.

GENERAL

  • These terms and conditions apply in addition to any specific conditions set out in your grant offer letter. If there is a conflict, the specific conditions in the offer letter take precedence.
  • Nothing in this agreement makes your organisation an agent, partner or employee of SCF.
  • These terms and conditions are governed by the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
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