Terms And Conditions Of Grant Awards
- These terms and conditions apply in respect of a grant (the “Grant”) which The Charity has awarded as referred to in an award letter (the “Award Letter”) which has been issued and which provides details of the terms of the Grant and the financial award broken down under different budget headings.
- When accepting the Grant, the organisation (the “Organisation”) to which it is made must agree with these terms and conditions and any specific stipulations detailed in the Award Letter or subsequently agreed in writing. For the purposes of management and control, the legal and formal responsibility to honour the terms of the grant lie with the Organisation. However, the responsibility for compliance with the day to day delivery of the project for which the grant is awarded, and reporting rests with the named grant holder or individual nominated as project manager.
- The Charity does not act as an employer with respect to the Grant, and therefore in all cases where support is provided by the Grant for the employment of staff, or the Organisation otherwise employs staff for the purposes of the research funded by the Grant, the Organisation undertakes to issue a contract of employment (between it and the individual) that is in compliance with relevant laws and regulations.
- It is the responsibility of the applicant and the Organisation to ensure that the Grant is spent solely for the purposes set out in, and in accordance with, the application submitted for the Grant and in accordance with any additional conditions detailed in the Award Letter and these terms and conditions and to ensure that the Grant is spent in accordance with the Organisation’s purposes as set out in its governing documents. If any of the Grant is used other than in accordance with this clause, the Organisation shall straightway inform the Charity in writing and repay all the misspent monies.
- The Charity reserves the right to change these terms and conditions at any time. If an amendment is made The Charity reserves the right to apply the revised terms and conditions to the Grant on provision of 14 days’ notice.
- The Organisation must formally accept the Grant by signing and returning the Grant Activation Form and attachments. The Grant will not be activated nor any monies released until this has been received.The Grant must be activated within 6 months of the date of the issue of the Award Letter. If the Grant has not been activated within this timeframe, The Charity reserves the right to withdraw the offer of the Grant, unless an extension has been approved.
- Small project grants must be underway within 3 months of the date on the award letter. Project grants must be underway within 6 months of the date on the award letter.
- The Charity should be advised if there are any substantive delays in the grant time frame and the reasons for this.
- The Charity stipulates that applications to the Ethics Committee (if required) is done no later than four weeks of receipt of the attached Award letter to avoid major delays of the project commencing.
- Failure to comply with clauses 2.ii, 2.iii and 2.iv will result in the grant being withdrawn.
- The maximum level of the Grant is that stated in the Award Letter.
- The Organisation must ensure that all expenditure relating to a grant award can be tracked.
- Claims for reimbursement should be submitted in arrears for actual expenditure incurred by the Organisation with proof of expenditure. No payments will be made until the Grant Activation Form has been received.
The Charity acknowledges that grant payment requests will be sent via the Organisation’s standard invoicing system. As this does not represent payment for goods or services received it should state the following:
- This is a grant draw down request for grant (ref number)
- A Grant will be closed and any remaining balances written off 6 months after the scheduled end date of the Grant unless an extension is approved in advance.
- Viring of funds between budget headings (as detailed in the award letter) is permitted without the need to refer to The Charity provided that the amount vired does not exceed 10% of the total grant. Virements above this level must be approved in advance by The Charity.
- Equipment funded by the Grant is awarded to the Organisation and remains the property of the Organisation and must not be removed. The responsibility for ongoing costs e.g. maintenance, insurance and running costs lies with the Organisation.
- The control of expenditure under the Grant must be governed by the normal standards and procedures of the Organisation and must be covered by the formal audit arrangements that exist there.
- The Charity reserves the right to audit the finances of the Organisation in relation to the Grant at any time, either by itself or by a representative, and the Organisation shall cooperate fully with the audit, including allowing the copying of relevant documents
Conduct of the Research
- The Organisation shall ensure that research conducted pursuant to the Grant is conducted in accordance with all applicable laws, regulations and codes of practice, and that all necessary licences and approvals have been obtained and are adhered to. This includes in particular, but is not limited to, those concerning the use of animals and the obtaining of patient consents and ethical committee approvals.
Intellectual Property (IP)
- The Charity requires that the Organisation will use all reasonable endeavours to protect and exploit the IP arising from work done pursuant to a Grant and has in place strategies and procedures for the identification, protection and management of IP, full details of which have been provided to The Charity and with which the Organisation must comply.
- The rights to IP generated during the course of the grant belong to the Organisation who will ensure, at its own cost, full protection of such IP where appropriate.
- If work conducted pursuant to the Grant gives rise to ideas, processes or products likely to be of potential medical, scientific, commercial or other value, the Organisation shall notify The Charity in writing (which may be in one of the reports referred to below), providing details of the steps which the Organisation will take to protect the IP relating to such work (the “Research IP”) and shall keep The Charity regularly updated on the progress of such protection.
- No rights to any Research IP arising from the work conducted pursuant to the Grant may be assigned or licensed (formally or informally, expressly or impliedly, in whole or in part) without The Charity’s written consent, which shall not be unreasonably withheld. In the case of Research IP, the Organisation agrees that The Charity shall be entitled to withhold consent until the Organisation has entered into an appropriate revenue sharing agreement with The Charity which shall reflect The Charity’s contribution to the development of the Research IP.
- If, in the reasonable opinion of The Charity, supported by an opinion from The Charity’s independent IP attorneys or advisers, the Organisation is not taking all reasonable steps to appropriately protect Research IP, the Organisation must either take such reasonable protective steps as are recommended by The Charity’s independent IP attorneys or advisers or must execute an assignment of the Research IP in question to The Charity (or its nominee) for nominal consideration in good time for The Charity to take the recommended steps. The Organisation shall reasonably cooperate with The Charity (or its nominee) in relation to the protection of such assigned Research IP by The Charity (or its nominee).
Reporting and Evaluation
- Regular progress reports will be requested during the life of the Grant, together with a final report within three months of the conclusion of the work conducted pursuant to the Grant. A standard report proforma will be sent out to the principal applicant who will be responsible for ensuring that these are completed and returned. Failure to do so may result in a delay in or withholding of payment.
- Financial update reports will be requested during the life of the Grant. A standard report template will be sent to the Divisional Finance Manager who will be responsible for ensuring that these are completed and returned. Failure to do so may result in a delay in or withholding of payment.
- To help assess the impact/effectiveness of The Charity’s funding, update reports may be requested from time to time after the Grant has been spent and the project completed and the Organisation shall provide such reports as may be reasonably requested.
- Progress Reports
Acknowledgements and Publicity
- Wherever possible, buildings and equipment must display a plaque, indicating that funding has been received from The Charity. The Charity should be informed when this is not possible. Approval to use The Charity’s name must be sought in advance.
- The Organisation shall, so far as is reasonably practical, ensure that findings from the work conducted pursuant to Research Awards are published reasonably promptly in appropriate papers and the fact that that The Charity’s grant has supported the work must be acknowledged in all research publications. A copy of submitted publications and publications gone to press, should be forwarded to the Charity’s Director of Grants.
- The Organisation shall inform The Charity in advance of proposed publication of the findings, and shall delay such publication as reasonably required by The Charity in connection with the obtaining of IP protection for Research IP.
- The Charity reserves the right to terminate the Grant at any time. Before doing so 21 days’ notice and reasons for termination will be given in writing. Grant monies already paid to the Organisation must promptly be returned to the Charity, save for any expenditure properly and necessarily incurred in work done pursuant to the Grant up to the date of termination (which for the avoidance of doubt, shall not include any costs relating to redundancy payments to staff working on the funded project).
Limitation of liability
- Save as excepted below, the liability of each party under or in connection with this agreement, whether arising from contract, negligence or otherwise, shall be limited to the total amount of the Grant.
- The parties shall not be liable to each other for any direct, indirect or special loss arising out of or in connection with the Grant arrangements and work carried out under the Grant.
The exclusions and limitations of liability set out in this clause do not apply to:
- liability arising from death or injury to persons caused by negligence (including negligence as defined in section 1 of the Unfair Contract Terms Act 1977);
- breach of terms regarding title implied by section 12 of the Sale of Goods Act 1979 and/or section 2 of the Supply of Goods and Services Act 1982; and
- liability arising as a result of fraud;
- to which no limit applies
- These terms and conditions, together with the Award Letter and other documents referred to therein, represent the entire agreement and understanding between the parties in relation to the Grant arrangements and work carried out under the Grant and will supersede all arrangements or agreements (if any) relating thereto that may have been previously entered into or made between the parties, except in respect of any fraudulent misrepresentation made by either party.
- Nothing in this agreement shall be construed to constitute either party the partner, joint venture partner, agent or employee of the other party and, except as expressly provided in this agreement, neither party by virtue of this agreement has authority to transact any business in the name of the other party or on its behalf or incur any liability for or on behalf of the other party.
Rights of Third Parties
- Unless the right of enforcement is expressly granted, it is not intended that a third party should have the right to enforce a provision of this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
- This agreement shall be governed by and construed in accordance with English law and the parties irrevocably agree that the English Courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this agreement.
- Limitation of liability