TERMS & CONDITIONS.

1. These conditions relate to any grant (“the Grant”) made by THE ALBORADA TRUST (“the Trust”) following review and approval of an application for funding (“the Application”) and which is in respect of the project, request, or need specified in the Application (“the Work”). References to “you” are references to the recipient Charity.

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2. Payment of the Grant will be by bank transfer (BACS) and only into a verified UK bank account or building society account and will be made upon submission by email of an invoice for the agreed amount including your IBAN details which we will need to verify.

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3. By accepting the Grant you agree to be always bound by these Conditions.

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4. The Grant must be used exclusively on and for the Work. Any changes require the Trust’s prior written consent. If so stated any specific project or need in the Application must be delivered within the timeframe set out in the Application. Any delay or request for extension must be approved by the Trust in writing in advance.

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5. Any unused part of the Grant is held on trust for the Trust and if so requested must be repaid to the Trust on demand.

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6. The Work must be carried out at all times in a proper and professional manner and in compliance with all relevant local national and international laws, regulations and practices. Any legal or regulatory matter arising which may or which does prevent the Work from proceeding or which may or which does give rise to legal action or other proceedings must be notified immediately to the Trust and the Trust’s response(s) shall be acted upon without delay.

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 7. No liability relating to the Work shall attach to the Trust in any circumstances and no representation(s) shall be made that the Trust is in any way legally responsible for the Work or any part of it.

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8. If you are a UK registered Charity the Trust must be notified in writing immediately if there are any changes to your constitution or registered status or any matter arises which could endanger your Charitable status. In the event that you cease to be a registered Charity any unused funds must be returned immediately.

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9. If the Work is only part funded by the Trust then before the Work is commenced you must be satisfied that you have the whole of the funding required including any contingency. The Trust will not provide further funds.

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10. If requested by the Trust, (a) the support of the Trust is to be acknowledged on your website and in any publicity concerning the Work, (b) the Trust is to be provided with a URL link and a copy of any publicity relating to the Work and (c) an acknowledgement shall be included in your annual reports and accounts covering the period of the Work.  Otherwise you may not make any public acknowledgement that funding has been provided by the Trust or of any connection with the Trust without the Trust’s prior written approval.

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11. The Trust reserves the right (on reasonable notice) to visit and inspect the Work from time to time and must be provided with all reasonable access and any recommendations made because of such inspection shall be acted upon.

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12. You will provide such regular updates in writing as the Trust may require, and prompt responses to any specific requests for information that may be made.

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13.1. The Trust reserves the right, acting reasonably, to require repayment of any unspent or uncommitted part of the Grant that has been paid over or to cancel any instalment(s) or payment due to be made if:

 

i. There has been a material breach of any of these Conditions or

ii. It is discovered that any information in the Application is materially incorrect or in the event of fraud or if a material accounting irregularity arises or

iii. The Work does not proceed or is abandoned or is not progressed in a way that is considered by the Trust to be acceptable (acting reasonably) or

iv. Part of the Grant is unused, and it is reasonably considered by the Trust based on financial information available to it that payment of the same is not required for the Work to be completed or

v. The Grant is used for a purpose other than that specifically authorised by the Trust or

vi. For some other substantial reason where the Trust reasonably considers that it would be detrimental to its reputation to continue with the Grant or where it becomes aware of matters which if known at the time of the Grant would have led to the application being refused.

 

13.2.  Before exercising any right set out in 13.1 the Trust shall notify you of the details of the issue being relied upon and the proposed action, giving you a reasonable period of up to 30 days to implement or at least propose a remedy to its satisfaction. Failing such remedy, a written request for repayment and/or notice of suspension of future payments will be sent to you at your last notified business address. You will have the right to appeal the decision within seven days of receipt of the same by written submission to the Trust but the Trust’s decision shall be final and binding.

 

13.3.  In the circumstances where 13.1. takes effect the Grant shall be deemed to be cancelled and no future obligation on the part of the Trust shall attach to the same but where any payment has not been reclaimed the Trust’s rights in relation to that payment(s) shall continue in full force and effect in accordance with these Conditions.

 

14. These Conditions are drawn up under the law of England and Wales and you agree that the Courts of England and Wales shall have exclusive jurisdiction in any dispute arising from the same.