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Terms and conditions
These are the terms and conditions we would ask you to sign up to if we offer you funding. TERMS 1.Parts of the contract
2.Parties in the contract
3.Work to be done
4.Claiming grants
5.Paying grants
6.Publicity
CONDITIONS 1.Restrictions on the land
You must tell us if there are any legal or other restrictions affecting the land, which could prevent the work from being completed. 2.Funding from other sources
You must tell us if any other body has agreed to fund the work or if you intend to apply for any other funding for the work. 3.Standards of work
4.Keeping to the conditions
5.Archaeological sites
6.Sites of Special Scientific Interest, National Nature Reserves, and other sites of nature conservation interest with statutory protection
7.Other statutory permissions
8.Public access
9.Tree felling
10.Changes to the contract (2)
11.Monitoring (3)
12.Withholding payment of grant
13.Unspent funds
Within three months of receiving any grant paid in advance of expenditure, you must carry out the work and provide us with proof that you have spent the grant on the project. We may require you to pay us back any grant that you cannot prove has been spent within three months. 14.Breaking the contract
- we decide that the project will not be completed by 30 September 2008;
- you do not do the work to our reasonable satisfaction;
- you do not achieve the objectives described in the bid to our reasonable satisfaction;
- you do not keep to any condition of this contract;
- any material information you gave us when you make a claim for grant is false, misleading, or incomplete(4);
- any material information you gave us when providing proof of expenditure is false, misleading, or incomplete you are declared bankrupt or make a composition or arrangements with, or grant a trust deed for your creditors, or go into liquidation (other than a member’s voluntary liquidation).
15.Effect of breaking the contract
If the contract is terminated for the first reason listed in condition 13 above and you have achieved some of the objectives set out in the bid you will not be liable to repay the portion of the grant that you have spent on achieving those objectives provided you have met all other conditions. You will be liable to repay the unspent portion of the grant. If the contract is terminated for any other reason, you shall be liable to repay any grant you have received together with interest at the rate set from time to time by HM Treasury. The interest will be charged from the date the grant was paid until the date you repay it. Before we terminate the contract or ask you to repay grant, we will give you written notice of your failure and the opportunity to put the situation right, if the situation can reasonably be put right, within the time we specify. 16.Disputes
17.Notices
18.Governing Law.
19.Open information
20.Financial audit
21.Special conditions
Notes
1.Such as planning permission or land drainage consent.
2. Delays beyond 30 September 2008 are not normally possible. Within budget variations (between work items) will normally be approved but agreement to increase the total budget or reduce the objectives is exceptional.
3. Your Project Officer will monitor project progress as set out in the monitoring schedule in the works programme but may also require access to the land at other times within reason.
4. Cydcoed will be audited to ensure that funds have been properly spent.
5. This will be to at least end December 2012. We may offer a Cydcoed contract that is subject to certain conditions, e.g. satisfactory business plan, satisfactory Public Register responses.You must give us, our officers, and authorised agents and officers of the Welsh European Funding Office, and their authorised agents reasonable access to accounts, original financial documents, and other original documents relating to the delivery of the project for the purposes of financial audit at all reasonable times during the period set out in condition 4 and for a period of 3 years following the final payment by the European Commission on the Objective 1 programme if this is longer than the term set out in condition 4.5We reserve the right to distribute copies of this contract as reasonably necessary. If we do this we will remove the names and contact details of any private individuals and any commercially sensitive information. We will also inform you of our actions.This contract will be governed by the Law of England and Wales and subject to the jurisdiction of the courts of England and Wales.Any notices that you need to give under this contract must be in writing and be delivered or sent by post to us at your Cydcoed Project Officer’s office or our Head Office. If we need to give you notice, we must send it in writing to you, unless we have agreed otherwise, at your address as set out in this contract.If you, and we, disagree about whether or not you have fulfilled the bid or about the standard or extent of the work done you or we may ask for the matter to be decided by an arbitrator appointed in accordance with the Arbitration Act 1995 or any statutory re-enactment or modification of said Act.If this contract is terminated under condition 13 above we will not pay any more grant under this contract. We may terminate this contract immediately if: You must inform us immediately if you realise that you will not spend the entire grant applied for in the bid so we can allocate the unspent funds to other potential bids. We will do this via a revised contract.We may withhold payment of grant if the project is not progressing to our reasonable satisfaction.You must let us, our officers and authorised agents, enter the site at all reasonable times during the period set out in condition 4, to check that you are keeping to the contract.The proposals approved in this contract cannot be changed unless we agree the changes with you in writing.Felling permission is not given in this contract and you must apply for, and be issued with, a Felling Licence from the Forestry Commission before any felling is done.You must protect all public rights of way over the land.Before you carry out any work that requires statutory permission(1) you must first get any permission you need for such work.Before you carry out any work on a Site of Special Scientific Interest or National Nature Reserve or any site of nature conservation interest with statutory protection, you must first get any permission you need for such work.The work you do must not disturb any area identified as being of archaeological importance. Before you carry out any work affecting a scheduled ancient monument, you must first get the permission you need for such work.Unless we have agreed otherwise in writing, you must keep to the conditions of this contract until ten years after the date of this agreement.The work you do must conform to the UK Forestry Standard. You must meet the standards of environmental protection and practice set out in Forestry Commission published guidance, current at the date of approval. You must carry out any work with due care, skill and diligence.You must comply with the publicity requirements as set out in the Publicity section of the Cydcoed Guidelines.Subject to the conditions we will pay you grants as specified in the bid and works programme so long as the work is done to our reasonable satisfaction.It is your responsibility to claim grants as agreed in the bid. You must use the method described in the How to Claim Grants section of the Cydcoed guidelines.The work you do (in all parts of this contract called the work) must be carried out in the manner described and by the dates shown in the bid.This contract is made between the The Forestry Commission (called us or we in all parts of the contract) and the community group making the bid listed in the first part of the contract (in all parts of the contract called you).This contract is made up of four parts. The first part shows the parties to the contract. The second part is the conditions of the contract, called the conditions in all parts of this contract. The third part describes the project that Cydcoed is funding and is called the bid in all parts of this contract. The fourth part is the map showing the areas of land on which you will carry out physical works as part of the Cydcoed project (called the site in all parts of this contract).
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