Terms and Conditions
- The Rank Foundation Covid19 Recovery Fund
- The Rank Foundation Covid19 Time to Shine Leadership Programme
In conjunction with Department of Digital, Culture, Media and Sport (‘DCMS’)
1. Privacy Notice
By submitting an application to the Rank Foundation Covid19 Recovery Fund the applicant organisation understands and accepts that their personal data may be shared with DCMS. You can read our full Consent for Personal Data Processing and RankNet Privacy Notice here.
2. Clawback Clause
An “Event of Default” occurs if:
a) You fail to comply with any term or condition of this Grant Agreement;
b) You fail to complete the Project or have failed to make satisfactory progress with the Project or any part of it, in accordance with any agreed timetable;
c) any information given or representations made by You to Us is found to be incorrect or incomplete to an extent which We reasonably consider to be material. This includes but not limited to;
(i) a concern over your ability to operate as a going concern (financial stability)
(ii) if you do not have adequate experience, staff, systems in place to deliver the programme effectively and on time (ability to deliver)
(iii) if you have adequate processes and controls in place to manage onward grantees (onward granting)
(iv) if there are issues with or lack of internal control or governance procedures (governance and controls)
(v) concerns over processes or approach to safeguarding (safeguarding)
(vi) concerns over the legitimacy of the source of funds
d) You fail to cooperate with DCMS’ post-award due diligence process and to respond to all reasonable requests for information in a timely manner.
e) You fail to implement actions to redress issues or measures identified during the due diligence process, in the timescales agreed
f) You fail to invest the total grant amount paid by DCMS by a mutually agreed date
g) You fail to take adequate measures to investigate and resolve any reported Financial Irregularity, in accordance with this Agreement or otherwise agreed in writing by the parties;
h) You cease to operate and / or change the nature of Your operations to an extent which We reasonably consider to be material, including if You (or any substantial part of Your operations) merge with or are taken over by another organisation;
i) before the end of the Funding Period You:
(i) are subject to a proposal for a voluntary arrangement or have a petition for an administration order or a winding up order brought against You;
(ii) pass a resolution to wind up Your business;
(iii) make any composition, arrangement, conveyance or assignment for the benefit of Your creditors, or purport to do the same; or
(iv) are subject to the appointment of a receiver, administrator or liquidator; or
(v) are unable to pay Your debts as they fall due;
j) You receive funding from any other source for the Eligible Expenditure which is funded by the Grant ;
k) You are involved in illegal activity in Your administration of the Project;
l) You take any actions (including in relation to your onward granting decisions) which in Our reasonable opinion are likely to bring Our name or reputation, or that of the wider government, into disrepute, or which pose a risk to public money; or
m) You are otherwise in material breach of this Grant Agreement.
If an Event of Default occurs, we may, at our discretion:
(i) suspend and withhold the payment of Grant for such period as We may determine;
(ii) require You to repay all or any part of the Grant that has been paid to You (or such lesser amount as We may determine) by issuing a demand for repayment. Prior to issuing such a demand, We may (at Our sole discretion) give You an opportunity to rectify such breach or occurrence, delay or defer any further payments of Grant instalments to You until such time as the breach has been remedied; and/or
(iii) terminate this Grant Agreement by serving written notice where the Event of Default is incapable of being remedied or is not remedied within such reasonable period as We may determine.
3. Duplication Clause
Definitions and Interpretation
a) “Duplicate Funding” means funding provided by a third party to you, which is for the same purpose for which the Funding was made, but has not been notified to us.
Payment of Duplicate Funding
b) You agree that you will not apply for, or obtain, Duplicate Funding in respect of any part of the Activities which have been paid for in full using the Funding.
c) You shall promptly notify and repay immediately to us any money incorrectly paid to you either as a result of an administrative error or otherwise. This includes (without limitation) situations where you are paid in error before you have complied with your obligations under the Conditions of Funding. Any sum, which falls due under this section, shall fall due immediately. If you fail to repay the due sum immediately or within any other timeframe specified by us the sum will be recoverable summarily as a civil debt.
4. Fraud Clause
You understand that providing false or misleading information on your application or subsequent communications related to the Funding could lead to the Funding being withheld or subsequently recovered. Civil or criminal proceedings shall be considered in the event of non-compliance. Post award assurance work shall be completed by DCMS or its agents to discover and recover fraudulent funds.
5. Use of Spotlight
Spotlight is a Cabinet Office tool that conducts due diligence procedures as well as a search across government-held information for other funding that the organisation might have applied for. It combines an automated check of open source Companies House and Charity Commission data, whilst also looking at government-held information.
DCMS will complete these checks on applicants and provide the results to The Rank Foundation and its Intermediaries. The results will not be shared more widely or with applicants.
6. Use of Upshot
If your application is successful, you will be required to adopt Upshot. Upshot is a monitoring and evaluation tool that all successful applicants will be required to complete throughout the duration of the grant period. On-line training will be provided.