Terms and Conditions – Grants and Funding Consultancy Service
These terms and conditions, and the Data Protection & Cookies Policy govern your agreement to participate in the EnvironmentPlus International – Grants and Funding Consultancy Service, as well as your use of any of our website, digital and online services and materials, and your relationship with us, the provider of the service, EnvironmentPlus International CIC ( the “Consultant” or “Epi”).
Please read these terms and conditions carefully as they affect your legal rights and responsibilities under the agreement. If you do not agree to these standard terms and conditions, please do not apply to access the service. If you have any questions on these terms and conditions, please contact the administrator: patrick@environmentplus.org.uk
1. DEFINITIONS
The following definitions shall apply to these terms and conditions:
1.1 “Agreement” means the Proposal and associated terms and conditions as specified in this document and agreed between the Client and the Consultant
1.2 “Client” means the person, Charity, Non Profit, Company or Organisation for which the consultant is performing the Service.
1.3 “Consultant” means EnvironmentPlus International CIC (Epi)
1.4 “Project” means the project referred to in any Proposal in relation to which Epi is performing the service.
1.5 “Proposal” means the fees and Service proposal from Epi to the client as specified in the relevant proposal document, or other written offer either by post or by email, and as agreed between the Client and Epi in further written (email) communication.
1.6 “Service” means the consulting work and Service to be performed by Epi on behalf of the Client in accordance with the Proposal, and any further works as agreed between the client and Epi in relation to the Project.
1.7 “Third Party” means any person other than the Consultant, the Client or their respective employees or agents.
2. GENERAL
2.1 These terms and conditions together with any Proposal for Service and any attached or schedule of hourly / daily fee charges and / or disbursements shall constitute a contract between the Client and the Consultant which shall be subject to any terms and conditions as stated in the Proposal and these terms and conditions.
2.2 These terms and conditions take precedence to and supersede any terms and conditions referred to, offered or relied upon by the client, whether in negotiation or at any stage in the communication between the Client and the consultant with respect to the Service. The
Consultant shall not be bound by any other terms and conditions provided by the Client unless the Client notifies in writing that they intend such terms and conditions to apply and the Consultant accepts such terms and conditions in advance in writing.
3. PERFORMANCE OF SERVICE
3.1 The Consultant shall exercise reasonable skill and care in the performance of the Service.
3.2 The Consultant retains the right subject to written notice to withdraw from the Project if, in the Consultant’s view, Project development and progress falls below an acceptable professional standard or, in particular, fails to provide adequate measures for reasonable protection of the environment. Fees agreed between the Client and the Consultant will still apply for all Service performed until such date of withdrawal from the Project.
4. COMPLIANCE WITH THE LAW
This agreement shall be governed by and construed in accordance with English Law
5. CONFIDENTIAL INFORMATION
The Consultant shall keep confidential all information as to the business of the Client which shall come or has come to the knowledge of the Consultant in the course of performing the Service, provided that this restriction shall not apply to any information which is in, or legitimately enters, the public domain.
6. COPYRIGHT
Copyright for all reports, documents and other materials (including material in electronic form) produced by the Consultant shall remain vested in the Consultant. The Consultant shall not be liable for any use of such reports and documents other than by the Client for the purposes for which they were commissioned and prepared.
7. SUPPLY OF INFORMATION AND PROJECT CHANGE
The Client shall supply in a timely fashion and without charge all necessary and relevant information (including any relevant instructions, queries, consents, approvals, certificates, accounts, registration numbers, completed templates or business plans as required) in his / her possession or available to him / her from personal knowledge, other agents, contractors or consultants. If the Consultant has to carry out additional, repeat or revisit work as a result of further or delayed information received, the Consultant shall appropriately advise the Client who shall be responsible for payment of such Service at the Consultants agreed hourly / daily rate in force at the time. Both parties agree that information can be transferred in hard copy or electronically without restriction between the Consultant and Client and to grant or funding organisations to meet the needs of both parties achieve objectives, and that General Data Protection Regulations (GDPR) and any subsequent updates to the legislation will be followed in line with the Data Protection and Cookies Policy of Epi.
8. TRAVEL EXPENSES
The Consultant will charge to the Client all reasonable travel expenses (if required) which are incurred by the Consultant in carrying out necessary work to complete the contract. These shall include rail, air, underground, and taxi fares, or where the Consultant or agents travel by private car, an allowance of 45p per mile plus VAT (if applicable) will be charged. These will normally be agreed in advance.
9. TERMS OF PAYMENT
9.1 In consideration of the Service performed under this Agreement, the Consultant shall be paid as defined in the Proposal offer. All sums shall become due for payment by the Client on submission of the Consultants fee request or invoice, this may be paid as agreed either online through the website or by electronic transfer. Reports, drawings, calculations, designs and similar materials remain the property of the Consultant until paid for in full by the client. Any sums remaining unpaid at the expiry of the period specified in the Proposal shall bear interest thereafter, including on any VAT due if applicable, calculated in accordance with the Late Payment Act 1998 (and any subsequent updates) being at the rate of 8% above the reference rate given therein. The Consultant shall also be entitled to compensation for debt recovery amounts for an amount at £40, £70, or £100 according to the magnitude of the outstanding amount, as stipulated in the Act.
9.2 The client may not withhold any payment after the agreed date for payment of any sum due under this Agreement
9.3 The Client may not withhold payment for any disputed amount greater than the value of rectifying the disputed element of the specified consultancy service.
10. THIRD PARTIES
10.1 All documents prepared by the Consultant in connection with the Service are for the use by the Client or in connection with the Project, and shall not be used or relied upon by any Third Party or used for any other Project without the prior written consent of the Consultant. The Consultant accepts no responsibility or liability for any report or document prepared in connection with the Project to any party other than the Client.
10.2 Nothing in this Agreement confers or purports to confer on any Third Party or any right to enforce any terms of this Agreement. Pursuant to the contract (rights of Third Parties) Act 1999
11. LIMITATION OF LIABILITY
11.1 Nothing in these Conditions shall limit or exclude the Provider’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, volunteers, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited under applicable law.
11.2 Subject to clause 11.1, the Provider, its employees, volunteers, agents and subcontractors:
(a) hereby expressly excludes liability of any kind for all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, cost or damage (direct, indirect, consequential or otherwise) arising under or in connection with the agreement / contract;
(c) hereby expressly excludes liability of any kind for any warranty written implied or otherwise as to any specific type, level, quantity, quality, volume, time, resource materials or outcome of any kind in relation to the Services that may be provided by the Consultant at any time; and
(d) the Consultant’s total liability to the Client in respect of all other losses arising under or in connection with the Contract (including any losses arising from use of the Website, use of the Digital Services or otherwise in connection with the Services), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 (one hundred pounds sterling).
11.3 The Client accepts full responsibility for any costs, claims, losses or actions however they may arise in relation to any Services they may at the sole discretion of the Consultant receive, and fully indemnifies the Consultant against any such liabilities.
11.4 This clause 11 shall survive termination of the Contract.
12. TERMINATION
12.1 The Client may terminate the appointment of the Consultant at any time by giving four (4) weeks’ written notice in respect of all or any part of the Service.
12.2 The costs of all works completed by Epi and any related expenses or disbursements incurred by Epi up to the date of termination and any costs incurred by Epi as a direct result of cancellation by the Client will be fully payable by the Client.
12.3 If circumstances arise that are outside the Consultant’s control and which would cause all or any part of their Service being performed to be deemed irresponsible by the Consultant, the Consultant shall be entitled to terminate all or part of the appointment by giving whenever possible at least two (2) weeks written notice.
12.4 In the event of the Client to make payment(s) due to the Consultant in accordance with clause 8 and other agreed costs, the Consultant may terminate this Agreement without prior notice.
12.5 Without prejudice to the above, this Agreement may be terminated immediately wher any of the following circumstances arise:
(a) Either party commits a serious breach or persistent breaches of this Agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 30 days after such notice.
(b) Either party becomes insolvent or enters into a CVA or IVA.
(c) Either party ceases to trade.
13. STATE AID
The Consultant and its employees and representatives seeks to ensure that information provided is up to date and accurate. However, the information does not constitute legal advice and the Consultant cannot accept any liability for actions arising from its use.
State Aid is an integral part of many grant applications and independent legal advice should be sought by the Client. Failure to seek independent legal advice pertaining to State Aid may result in projects failing during Due Diligence or suffering from claw back of funds after award. The Consultant cannot accept any liability for actions arising due to failure of the Client to seek independent legal advice.
14. FORCE MAJEURE
14.1 For the purposes of this contractual agreement, a Force Majeure Event means an event beyond the reasonable control of the Consultant including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Consultant or any other party), failure of a utility, postal, delivery, courier, IT service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, epidemic, pandemic, ill health, or health emergency including lockdowns or curfews, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
14.2 The Consultant shall not be liable to the Client as a result of any delay or failure to perform its obligations under this contractual agreement as a result of a Force Majeure Event.
14.3 If the Force Majeure Event prevents the Consultant from providing any of the Services for more than four weeks, the Consultant shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client under this clause.
DATA PROTECTION & COOKIES POLICY
The General Data Protection Regulation (GDPR) forms part of the data protection regime in the UK, together with the new Data Protection Act 2018 (DPA 2018).
EnvironmentPlus International CIC is committed to meeting our obligations. This Data Protection & Cookies Policy is in force from 3rd August 2020.
The business of EnvironmentPlus International CIC, Shepway Business Centre, Shearway Business Park, Shearway Road, Folkestone, Kent, CT19 4RH
A non-profit organisation, a Community Interest Company, Limited by Guarantee.
Registered in England and Wales No. 6263729
(“Business”, “we”, “us”, “our”).
The Business is registered with the Information Commissioner’s Office (“ICO”).
1. If you have any questions about this privacy policy (“Policy”), please contact us by email at the following admin email address: patrick@environmentplus.org.uk
2. The Business will process your and third parties’ personal data, as further explained below, in the course of providing you with membership and other services including access to our website and online features (“Services”).
3. We will let you know, by posting on our website or otherwise, if we make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.
4. You shall and you hereby agree to indemnify the Business and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraph 7.
What is Personal Data?
5. “Personal data” means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies and similar information. It may also include “special categories of personal data” such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person’s sex life or sexual orientation.
6. The Business may process personal data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, e.g. individuals whose details are included in any materials provided by you to the Business. The Business may obtain information about you and other data subjects from third party service providers, such as due diligence platforms. If you use our online Services, the Business may collect information about your devices including clickstream data.
7. The provision of certain personal data is mandatory in order for the Business to comply with mandatory client due diligence requirements and consequently to provide the Services. You warrant on a continuous basis that such personal data is accurate, complete and up to date. Failure to comply may result in documents being rejected by the relevant certification, or other authorities, held invalid, or other difficulty to successfully completing the Services.
8. In relation to personal data of data subjects you warrant to the Business on a continuous basis that:
· where applicable, you are authorised to share such personal data with the Business in connection with the Services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
· to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
· either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to organisations in connection with the Services as set out at paragraph 17, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.
How do we use your personal data?
9. The Business will only process personal data, in accordance with applicable law, for the following purposes:
· responding to your queries, requests and other communications;
· providing the Services, including, where applicable, procuring acts from United Kingdom, European Union, and foreign organisations;
· enabling suppliers and service providers to carry out certain functions on behalf of the Business in order to provide the Services, including webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable;
· allowing you to use features on our website, when you choose to do so;
· sending you personalised marketing communications requested by you, as well as serving personalised advertising to your devices, based on your interests in accordance with our Cookie Statement below. You have the right to disable cookies
· ensuring the security of the Business and preventing or detecting fraud;
· administering our Business, including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes;
· developing and improving our Services;
· complying with applicable law, guidelines and regulations or in response to a lawful request from a court or regulatory body.
The legal basis for our processing of personal data for the purposes described above will typically include:
· processing necessary to fulfil your service requirements or membership with us, or a contract that we have in place with you or other data subjects, such as processing for the purposes set out in paragraphs (a), (b), (c) and (d);
· your consent, such as processing for the purposes set out in paragraph (e);
· processing necessary for our or a third party’s legitimate interests, such as processing for the purposes set out in paragraphs (a), (b), (c), (f), (g) and (h), which is carried out on the basis of the legitimate interests of the Business to ensure that Services are properly provided, the security of the Business and its clients and the proper administration of the Business;
and
· processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph (i).and any other applicable legal grounds for processing from time to time.
Cookie statement
What exactly are cookies?
10. In order to collect the information including personal data as described in this Policy, we may use cookies and similar technology on our website. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive, mobile phone or other device. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. However, some of the Services offered through our website may not function properly if your cookies are disabled.
11. Cookies can be first party or third party cookies.
First party cookies – cookies that the website you are visiting places on your device.
Third party cookies – cookies placed on your device through the website but by third parties, such as, Google.
The cookies placed on our website
12. We may use the following cookies on our website:
· Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, Services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
· Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and
count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies.
· Functionality cookies. These cookies allow our website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party cookies.
· Targeting or advertising cookies. These cookies allow us and our advertisers to deliver information more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns. They remember that you have visited our website and may help us in compiling your profile. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
· Social Media cookies. These cookies allow you to connect with social media networks such as LinkedIn and twitter. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
13. We may combine information from these types of cookies and technologies with information about you from other sources.
Cookie consent and opting out
14. We assume that you are happy for us to place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms and Services.
15. When you arrive on our website a pop-up message will appear for your consent to place advertising cookies on your device. In order to provide your consent, click ‘Continue’, or you automatically agree if you continue to access the website pages . Once your consent has been provided, this message will not appear again when you revisit. If you, or another user of your device, wish to withdraw your consent at any time, you can do so by altering your browser settings otherwise we will assume that you are happy to receive cookies from our website. For more information please visit allaboutcookies.org and http://www.youronlinechoices.com/uk/.
Disclosure of personal data
16. There are circumstances where the Business may wish to disclose or is compelled to disclose your personal data to third parties. These scenarios include disclosure to:
· our subsidiaries or associated offices;
· our suppliers and service providers to facilitate the provision of the Services, including couriers, translators, IT consultants and legalisation and other handling agents, webhosting providers, identity verification partners (in order to verify your identity against public databases), consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
· public authorities to carry out acts which are necessary in connection with the Services, such as the UK Department for Work and Pensions, National Health Service or the Foreign Office;
· foreign organisations to carry out acts which are necessary in connection with the Services, such as European Union, Embassies, Consulates and High Commissions;
· professional organisations exercising certain public functions in relation to the services, such as Chambers of Commerce, or accreditation organisations or bodies;
· subject to your consent, our advertising and marketing partners who enable us, for example, to deliver personalised ads to your devices or who may contact you by post, email, telephone, SMS or by other means;
· successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to a Business. In the case of a merger or sale, your personal data will be permanently transferred to a successor organisation or company;
· public authorities where we are required by law to do so; and
· any other third party where you have provided your consent.
International transfer of your personal data
17. We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes of the business and services set out above. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which the Business has no control.
18. If the Business transfers personal data to private organisations abroad, such as subcontractors, it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.
Retention of personal data
19. Your personal data will be retained for as long as is reasonably necessary for the purposes listed above or as required by the law. For example, HMRC and other government departments may require data be preserved for specific periods such as 6 years. Please contact us for further details of applicable retention periods. Personal data may for reasons of security and convenience be stored on remote data facilities but in an encryp
20. We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
Security of personal data
21. The Business will implement technical and organisational security measures in order to prevent unauthorised access to your personal data.
22. However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we do not have full control over all processes involved in, for example, your use of our website or sending confidential materials to us via email, and we cannot therefore guarantee the security of your information transmitted to us on the web.
Data subject rights
23. Data subjects have numerous rights in relation to their personal data. For further information about your data protection rights please visit the ICO website: ico.org.uk
· Right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. However, compliance with such requests is subject to certain limitations and exemptions and the rights of other data subjects. Each request should make clear that a SAR is being made. You may also be required to submit a ‘proof of your identity’ and ‘payment’, where applicable.
· Right to rectification. Data subjects may request that we rectify any inaccurate or incomplete personal data.
· Right to withdraw consent. Data subjects may at any time withdraw their consent to the processing of their personal data carried out by the Business on the basis of previous consent. Such withdrawal will not affect the lawfulness of processing based on previous consent.
· Right to object to processing, including automated processing and profiling. The Business does not make automated decisions. Profiling may be carried out for Business administration purposes, such as monitoring trends in user visits of our website, and in order to deliver targeted ads. The Business may use third party due diligence platforms which provide recommendations about data subjects by automated means. We will comply with any data subject’s objection to processing unless we have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise or defence of legal claims or we have another lawful reason to refuse such request. We will comply with each valid opt-out request in relation to marketing communications.
· Right to erasure. Data subjects may request that we erase their personal data. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as, our archiving obligations that we have to comply with.
· Data subjects may request that we restrict our processing of their personal data in various circumstances. We will comply, unless there is a lawful reason
for not doing so, such as, a legal obligation to continue processing your personal data in a certain way.
· Right to data portability. In certain circumstances, data subjects may request the controller to provide a copy of their personal data in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services. To the extent such right applies to the Services, we will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the data subject’s personal data which may still be required for legitimate and lawful purposes.
· Right to lodge a complaint with the supervisory authority. We suggest that data subjects contact us about any questions or complaints in relation to how we process personal data. However, each data subject has the right to contact the relevant supervisory authority directly.