Professional Documents
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Background:
The Recipient wishes to carry out the UK online centres Project defined below and has completed a Project Application Form for the UK online centres Funded Specialist Centres grant funding.
2 The Project
2.1 The Recipient has completed a Project Application Form and submitted it to Online Centres Foundation in application for a Grant in relation to the Project. 2.2 [Not used] 2.3 Subject to Clause 3.1 below, Online Centres Foundation has, relying on the Recipient's Project Application, decided to award the Recipient with the Initial Amount for use in accordance with the Project and the terms and conditions of these Terms.
2.4 For the avoidance of doubt, payment of the initial amount by Online Centres Foundation to the Recipient does not provide the Recipient with any guarantee or entitlement to any further or future payments whatsoever. 2.5 The award of the initial amount and any further payments that may be paid (at Online Centres Foundation's discretion) under these Terms is subject to the following:2.5.1 The Recipient must be at all times during the Project Period be registered as a UK online centres Partner and be based in England; 2.5.2 The Recipient must (to Online Centres Foundation's satisfaction) be in a position to and begin delivery of the Project in accordance with these Terms by the Start Date; 2.5.3 the Recipient must at all times comply with these Terms; and 2.5.4 the Recipient must deliver the Project at all times, in accordance with the Grant Documentation and Online Centres Foundation can in its sole discretion terminate such Grant, request it to be repaid in whole or in part or withhold any further payment if the Recipient fails to comply with any of the above. 2.6 Expiry or termination of the Partnership Agreement by either party prior to completion of the Project will result in automatic termination of these Terms and the Grant shall be immediately repayable in part or in whole, at Online Centres Foundation's discretion.
3 The Grant
Any Grant paid under these Terms will be paid subject to the following conditions:3.1 Prior to making any payment, Online Centres Foundation must have received all the Recipients Grant Documentation relating to the Grant (or the relevant element thereof) duly completed to Online Centres Foundation's satisfaction. For the avoidance of doubt, the required documents are the Project Application Form. 3.2 Subject to receipt by Online Centres Foundation of the Grant Documentation in accordance with Clause 3.1, and the Recipient being successfully awarded the Grant Online Centres Foundation shall make payment of the initial amount to the Recipient by 1 April 2012. 3.3 the Recipient is required to allocate approximately 250 from the total grant towards training for staff or volunteers, training should be related to your programme and area of specialism. 3.4 In Online Centres Foundation's absolute discretion it may make further payments to the Recipient in relation to the Project as may be agreed between the parties from time to time provided that the award of any further payment under these Terms shall always be subject to:3.4.1 satisfactory performance by the Recipient against the Project Outputs; 3.4.2 compliance with the terms and conditions of these Terms by the Recipient to the satisfaction of Online Centres Foundation; 3.4.3 receipt, to Online Centres Foundation's satisfaction, of any relevant documentation that might reasonably be required by Online Centres Foundation (including, without limitation, any amendments to these Terms); and 3.4.4 the receipt by Online Centres Foundation of sufficient funding from the Department of Business, Innovation and Skills (BIS), Department for Education or Skills Funding Agency (or such other bodies as may in the future replace them) in connection with UK online centres. Online Centres Foundation shall not be liable to the Recipient nor to any third party as a consequence of the cessation at any time of any such funding which might adversely affect Online Centres Foundation UK online centres ability to pay the Grant.
3.5 If Online Centres Foundation agrees to make any further Grants under these Terms in relation to or in connection with the Project it shall notify the Recipient in writing and such amounts shall form part of the Grant as defined under these Terms and subject to the terms of these Terms in full. 3.6 At the expiry of the Project Period Online Centres Foundation may, in its absolute discretion, decide to extend the Project Period and in such situation Online Centres Foundation shall be entitled to (at its absolute discretion) make any further Grants in relation to the Project as it may determine. Any such Grants shall be subject to the terms of these Terms. 3.7 The purpose of any Grant issued under these Terms (and the sole purpose for which such Grant can be used) is, in relation to the Project, to:-
Deliver across a single interest group (eg: unemployed, or disabled people) to engage and support their communities, identifying and responding to needs Provide opportunities for people to use technology to help one another and improve their community of interest or local community Utilise the Go ON materials and resources, in particular the Online Basics course and online government website links Create an informed set of toolkits, services, and case studies for either the single interest group or the local community the aim is for these toolkits and services to be shared across all community projects as well as across the wider UK online centres network Increase the use of technology through outreach and volunteering Monitor the social impact on a minimum of [5] individuals throughout the year, involving them in in-depth evaluation. Ensure that learners complete the online survey and take part in progression surveys.
3.8 The Recipient will: 3.8.1 at all times deliver the Project Outputs for its centre as set out in these Terms; 3.8.2 ensure Project delivery is underway not later than 1 April 2012; 3.8.3 at all times comply with the Grant Documentation including any timescales, milestones, service levels and targets set out within such documentation; 3.8.4 [Not used]; 3.8.5 throughout the Project Period support local community organisations to understand the benefits of using public and private services online including websites and transactional services and to take up appropriate online services and entitlements; 3.8.6 [Not used] 3.8.7 Provide project management information detailed in Clause 5 below; 3.8.8 [Not used] 3.8.9 [Not used] 3.8.10 [Not used] 3.9 The Grant is provided for the sole purpose of funding the Project and the Recipient will not use the Grant for any purpose except carrying out the Project in accordance with the Grant Documentation and these Terms.
3.10 The Grant should be used to deliver the project on a full cost recovery model, and may be used to cover Qualifying Expenditure incurred before the proposed Start Date only with the prior written consent of Online Centres Foundation and upon production of proof of expenditure to Online Centres Foundation's satisfaction. 3.11 The Grant may not be used to cover any expenditure after expiry of the Project Period or, if earlier, following termination of these Terms (howsoever caused). 3.12 The Grant must be expended by the end of the Project Period . Any equipment or items of capital expenditure purchased with or primarily with the Grant must be used for the Project and will, subject to the remaining provisions of this Clause 3.12, belong to the Recipient. Such equipment or items must be used for the purposes of the Project and, for three years following the end of the Project Period, for services relating to the Partnership Agreement. If the Recipients Partnership Agreement is determined within three years following termination of these Terms or completion of the Project, Online Centres Foundation may, at its discretion, require that any asset, equipment or item whose purchase or acquisition has been funded using the Grant be transferred to Online Centres Foundation. Such assets, equipment or items must not be sold or transferred to any other person before the expiry of the three year period following expiry of the Project Period. If applicable, the Recipient will comply with all applicable public procurement regulations and use reasonable endeavours to achieve best value for money when purchasing any goods or services out of the Grant. 3.13 In any event, unless Online Centres Foundation prior written consent to the contrary is given, the Recipient must obtain at least three written quotations (copies of which must be retained in accordance with Clause 5.1) before incurring any single item of capital expenditure exceeding 3,000. 3.14 The Grant is by way of funding Qualifying Expenditure, but will not initially exceed the Initial Amount and, in any event, will not during the Project Period, exceed the Maximum Amount. For the avoidance of doubt, Online Centres Foundation shall not, in any circumstances, be under any obligation to pay the Maximum Amount. The Recipient may not, without Online Centres Foundation prior written consent, depart from the Expenditure Plan. 3.15 The Grant payable is inclusive of all costs, VAT and other expenses where they apply. 3.16 The Grant is dependent upon the receipt by Online Centres Foundation of sufficient funding from the Department of Business, Innovation and Skills (BIS), Department for Education or Skills Funding Agency (or such other bodies as may in the future replace them) in connection with UK online centres. Online Centres Foundation shall not be liable to the Recipient nor to any third party as a consequence of the cessation at any time of any such funding which might adversely affect Online Centres Foundation UK online centres ability to pay the Grant. 3.17 For the avoidance of doubt, notwithstanding anything in these Terms, the Recipient shall continue with any activity for which they are already in receipt of funding from Online Centres Foundation or any other third party and achieve the agreed targets under the terms of the relevant funding agreement with Online Centres Foundation or such third party.
4. Payment
4.1 Payment of the Grant will be made by Online Centres Foundation via the Bank Automated Clearing System (BACS). 4.2 Online Centres Foundation will withhold further payment and or seek repayment of the Grant in part or in whole if the Recipient has not complied with these Terms. 4.3 [Not used] 4.4 The Recipient is responsible for the financial management of the Project and for payments to any subcontractors.
4.5 Any overpayment of the Grant must be repaid to Online Centres Foundation as soon as it is discovered. 4.6 Any portion of the Grant not expended in accordance with the Expenditure Plan (or as otherwise agreed with Online Centres Foundation in accordance with the terms of these Terms) by the end of the Project Period must be repaid to Online Centres Foundation.
5.7.1 Encourage partners to participate in third-party evaluations of the funded activity from time to time. 5.7.2 Allow progress reviews by a Online Centres Foundation representative or agent or subcontractor appointed by Online Centres Foundation; 5.7.3 Adhere to set timescales and return any required submissions as directed; 5.7.4 [Not used] 5.8 The Recipient acknowledges that any data gathered will be used to demonstrate the success of the Grant funding towards achieving social change through the use of digital technology/or capacity-building capability as appropriate. 5.9 The records are to: 5.9.1 allow Online Centres Foundation to monitor the Project; 5.9.2 ensure that the Grant is used for the purposes for which it was made; and 5.9.3 ensure accountability for the use of public funds. 5.10 Online Centres Foundation may change any of the recording and management information requirements set out in this Clause 5 at its discretion, but will give the Recipient not less than 30 days' written notice of any such change. 5.11 The Recipient will co-operate with Online Centres Foundation and provide Online Centres Foundation with any report and information required by Online Centres Foundation in order to allow Online Centres Foundation to carry reviews of the Project. 5.12 Recipients are required to encourage Users to participate in third party evaluations of Grant funded activities carried out by the Recipient.
6. The Project
6.1 The Recipient will carry out the Project in accordance with the Grant Documentation and these Terms. 6.2 The Recipient may not change the Project or the terms of these Terms without first obtaining Online Centres Foundation's prior written consent. The Recipient will notify Online Centres Foundation immediately if there is any change of, or proposal to change, any of the Key Individuals. The Recipient will ensure that, if any Key Individual ceases for any reason to be involved in the Project, he is replaced by a suitable person as soon as possible. 6.3 The Recipient may not subcontract the performance of any of the Project without first obtaining Online Centres Foundation's prior written consent. 6.4 The Recipient must ensure that the Project is carried out in accordance with all relevant legislation and regulations (whether existing at the date of these Terms or coming into force during the Project Period). It is the responsibility of the Recipient to ensure they meet the requirements for safeguarding vulnerable adults and any compliance legislation for safe operating when undertaking activities associated with projects funded by Online Centres Foundation and that all necessary licences and consents for the Project are obtained and maintained throughout the Project Period.
7.1 To the extent that any Online Centres Foundation Intellectual Property Rights need to be used by the Recipient in carrying out the Project (including without limitation courses and Online Centres Foundation trade marks), Online Centres Foundation hereby grants the Recipient a nonexclusive revocable licence to use such Intellectual Property Rights, the terms of which may be amended by Online Centres Foundation from time to time. 7.2 The UK online centre logo can only be used in connection with the delivery of UK online centres activity, in the form as shown and in accordance with the UK online centre brand guidelines published in the Marketing section on www.ukonlinecentres.com. The guidelines also provide guidance in using the Go ON badge with the UK online centres logo.
7.3 All outputs from the Recipient as a result of the Funded Specialist Centres programme will remain the intellectual property of Online Centres Foundation.
10.2.1 Process such Personal Data in accordance with the Data Protection Principles under the Data Protection Act 1998, affording to Data Subjects such rights and protections as they would have were their Personal Data to be being Processed by Online Centres Foundation; 10.2.2 process those Personal Data only in accordance with Online Centres Foundation instructions from time to time, and take such technical and organisational measures as may be necessary to ensure the security of those Personal Data and the reliability of its employees, staff, officers and agents who may have access to, or be involved in, the processing of any of those Personal Data. Without prejudice to the generality of the foregoing, it will keep all those Personal Data secure from any unauthorised or accidental use, access, disclosure, damage, loss or destruction; 10.2.3 give Online Centres Foundation such information and assistance as Online Centres Foundation may reasonably require in order to enable Online Centres Foundation to meet its obligations to Data Subjects, in particular, but not limited to, complying with Data Subjects' requests for access to, information about, and the rectification of their Personal Data; 10.2.4 not transfer any of those Personal Data outside the European Economic Area; 10.2.5 notify Online Centres Foundation immediately should it receive from any Data Subject a request or notice that his Personal Data should not be used for the purpose of Direct Marketing; and 10.2.6 allow Online Centres Foundation at all reasonable times to monitor, inspect and review the steps being taken by the Recipient to comply with this Clause 10.2 and give Online Centres Foundation any assistance Online Centres Foundation reasonably requires with that inspection and review. 10.3 The definitions set out in the Data Protection Act 1998 apply to words and terms appearing in Clauses 10.1 and 10.2 with an initial capital letter, unless they are defined in Clause 1.1 or Schedule 1.
11.3.2 [Not used] 11.3.3 if the Recipient uses the Grant for purposes other than specified in these Terms or for which the prior written consent of Online Centres Foundation has not been obtained; or 11.3.4 if the Recipient centre (s) becomes ineligible for membership of or withdraws from the UK online centres network, 11.3.5 if it is discovered that the person making the initial online application for funding did not have permission by the organisation to do so and, in the event of termination under this Clause, the Recipient will repay the Grant in full or in part to Online Centres Foundation at Online Centres Foundation's discretion. 11.4 Online Centres Foundation will terminate these Terms with immediate effect by giving notice to the Recipient if the Recipient becomes insolvent, or if an order is made or a resolution is passed for its winding up (except voluntarily for the purpose of solvent amalgamation or reconstruction), or if an administrator, administrative receiver or receiver is appointed over the whole or any part of its assets, or if it makes any arrangement with its creditors. 11.5 Online Centres Foundation may terminate these Terms at any time on the expiry of not less than 30 days written notice to the Recipient. 11.6 Clauses 1, 2, 3, 4, 5, 7, 8.2, 9, 10, 11, 12 and Schedule 1 will survive the completion or termination of the Project and the termination of these Terms, and will continue in force indefinitely.
12. General
12.1 Notices: Any notice to be given under these Terms must be in writing, may be delivered to the other party by any of the methods set out in the left hand column below and will be deemed to be received on the corresponding day set out in the right hand column. Method of service By hand or courier By pre-paid first class post By recorded delivery post Deemed day of receipt the day of delivery the second Business Day after posting the next Business Day after posting
By fax (provided the senders fax machine confirms the next Business Day after sending or, if complete and error-free transmission of that notice sent before 16.00 on the Business Day it to the correct fax number) was sent
12.2 The Key Individuals shall be the parties' respective representatives for the receipt of notices unless or until the representatives are changed by notice given in accordance with this Clause. The Key Individuals are as follows: For Online Centres Foundation: Kevin McLean, Director of Operations, UK online centres, The Quadrant, 99 Parkway Avenue, Parkway Business Park, Sheffield S9 4WG. For the Recipient: The name of the person registered as the signatory when making the application for funding. It is further assumed that this individual has the permission and authority from their organisation to apply
for grant funding. 12.3 Corruption: The Recipient will not offer or give any employee, officer or representative of Online Centres Foundation any gift, benefit, inducement or reward in connection with any act or omission in relation to the approval of the Project Application Form, the award or administration of the Grant, or the entering into or enforcement of these Terms. 12.4 Headings: The headings in these Terms are for ease of reference only; they do not affect its construction or interpretation. 12.5 Assignment etc: The Recipient may not assign or transfer these Terms as a whole, or any of its rights or obligations under it, without first obtaining the written consent of Online Centres Foundation. 12.6 Online Centres Foundation shall be entitled to: 12.6.1 assign, novate or otherwise dispose of its rights and obligations under these Terms or any part of it to any other party; or 12.6.2 novate these Terms to any other body (including without limitation any private sector body) which substantially performs any of the functions that previously had been performed by Online Centres Foundation or UK online centres. 12.6.3 The Recipient shall enter into such documents as Online Centres Foundation shall reasonably require in order to give effect to this Clause 12.6. 12.7 Illegal/unenforceable provisions: If the whole or any part of any provision of these Terms is void or unenforceable in any jurisdiction, the other provisions of these Terms, and the rest of the void or unenforceable provision, will continue in force in that jurisdiction, and the validity and enforceability of that provision in any other jurisdiction will not be affected. 12.8 Waiver of rights: If either party fails to enforce, or delays in enforcing, an obligation of the other party, or fails to exercise or delays in exercising a right under these Terms, that failure or delay will not affect its right to enforce that obligation or constitute a waiver of that right. Any waiver by either party of any provision of these Terms will not, unless expressly stated to the contrary, constitute a waiver of that provision on a future occasion. 12.9 No agency etc: Nothing in these Terms creates, implies or evidences any partnership or joint venture between the parties, or the relationship between them of principal and agent. Neither party has any authority to make any representation or commitment, or incur any liability, on behalf of the other. 12.10 Entire agreement: These Terms, the Grant Documentation and any documents attached to these Terms constitute the entire agreement between Online Centres Foundation and the Recipient relating to the Project and the Grant. Each party acknowledges that it has not entered into these Terms on the basis of any warranty, representation, statement, agreement or undertaking except those expressly set out in these Terms.
12.11 Amendments: No variation or amendment of these Terms will be effective unless it is made in writing. 12.12 Third parties: No one except a party to these Terms has any right to prevent the amendment of these Terms or its termination, or to prevent any amendment of this, and no one except a party to these Terms may enforce any benefit conferred by these Terms. 12.13 Governing law, etc: These Terms is governed by, and it is to be construed in accordance with English law. The English Courts will have exclusive jurisdiction to deal with any dispute between Online Centres Foundation and the Recipient in connection with the Project or the Grant or which has arisen or may arise out of, or in connection with these Terms.
Schedule 2: Outputs
The following outputs have been set in respect of the amount of funding being received:
# Requirement 1 . 2 . 3 . 4 . 5 . Provide a pen portrait using template provided by UK online centres and update online during the year We expect 60-240 learners to be registered onto the Go ON website. 50% (30-120) of registered learners must be completely new to the internet and complete the Online basics course with support. 85% (51-204)of registered learners must be supported to use an online government service appropriate to their need Create an informed set of toolkits, services, and case studies for either the single interest group or the local community the aim is for these toolkits and services to be shared across all community projects as well as across the wider UK online centres network
By when 30 April 2012 31st March 2013 31st March 2013 31st March 2013 Quarterly submissions June 2012 Sept 2012 Dec 2012 Mar 2013 Quarterly submissions June 2012 Sept 2012 Dec 2012 Mar 2013 Weekly basis
6 .
Monitor the social impact on a minimum of [5] individuals throughout the year, involving them in in-depth evaluation.
7 .