Background

• Crescent Purchasing Limited (CPC) as a registered charity has charitable objectives to fulfil through the generation of surpluses resulting from normal business operations. CPC is funding approved Grant applications from member institutions for projects that member institutions will deliver that add value to education and learners.

• CPC has agreed to pay the Grant to the Member to assist it in carrying out the Funded Project.

• This Agreement sets out the terms and conditions upon which the Grant is made by the CPC to the Member.

• These terms and conditions are intended to ensure that the Grant is used for the purpose for which it is awarded.

Definitions

For the purpose of this Grant Funding Agreement;

Term	Definition
“Agreement” or “Grant Funding Agreement”	means these terms and conditions together with any offer letter and details of the Funded Project as given within Appendix A to this Agreement.
Breach	means a failure to comply with these Terms and Conditions.
“CPC Framework Agreement”	means a framework contract for goods or services as advertised on the CPC website at the time of application for the Grant
"Confidential Information"	means all material, non-public, business-related information, written or oral, whether or not it is marked as such, that is disclosed or made available to the receiving party, directly or indirectly, through any means of communication or observation.
“Eligible Expenditure”	means all payments made by CPC to You under this Agreement.
“Fraud”	means any offence under English Law or Common Law which results in an offence in respect of fraudulent acts, fraud in relation to this Agreement, defrauding or attempting to defraud CPC.
“Funded Project”	means the Project detailed within Appendix A to this Agreement.
“Grant”	means the sum of money made available by CPC.
“Grant Application”	means the application form completed by You in consideration of the provision of Grant by CPC for the Funded Project.
"Intellectual Property"	means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and registration of such worldwide, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, and other intangible proprietary information.
“Match Funding”	means any funding offered by You in support of the Funded Project that is the subject of this Agreement
“Member”	means a member of Crescent Purchasing Consortium.
“Project Outcome Report”	means a report detailing the outcome and delivery of the project including a full breakdown of all costs expended under the Funded Project. The template will be provided by CPC.
“Terms and Conditions”	means the conditions as set out in this Agreement.
“Us/We/Our”	means Crescent Purchasing Consortium (CPC) which is the trading name of Crescent Purchasing Limited
“You/Your”	means the “Member” organisation that CPC has given a Grant to under this Agreement.

Grant Terms and Conditions

1. Grant Offer

1. Payment of this Grant is subject to you complying with these Terms and Conditions for the Funded Project detailed within Appendix A to this Agreement together with such further Terms and Conditions that we may from time to time specify.
2. The Grant will only be paid in respect of Eligible Expenditure incurred by you in the delivery of the Funded Project. The Grant must not be used for:
   1. Activities where You already have a statutory duty to perform.
   2. Activities where Grant Funding for the same Funded Project has been or will be claimed elsewhere, except where additional Grant is being utilised to partly fund the Funded Project which is the subject of this Agreement.
   3. Any political, lobbying, pressure or campaigning activities.
   4. Propagation of any religion or belief.
   5. Overseas travel for staff (not accompanying students for educational purposes).
   6. Part payment against any finance or operating lease procurement.
   7. Building projects.
   8. Any standard employment costs for You.
   9. Entertaining (meaning anything that would be a taxable benefit according to current UK tax regulations).

2. Amount and Conditions of Grant

1. The maximum amount of Grant payable by CPC is detailed in Appendix A to this Agreement. You agree that this Grant represents all Eligible Costs to be incurred under this Funded Project.

3. Match Funding Arrangements

1. Where you agree to provide a proportion of the total project cost, this will be detailed in Appendix A to this Agreement.
2. The initial payment of Grant or any subsequent payment is conditional upon you satisfying CPC that you have sufficient funding available.
3. You will notify CPC immediately if you fail to make Your contribution and agree that any funding provided by CPC will be returned.

4. Payment Arrangements and Audit

1. Payment will normally be made within 30 days of approval of project commencement, once signed terms and bank details have been received and verified.
2. All Grant funding is outside the scope of VAT.
3. Full accounting records shall be maintained for a minimum of seven years from the date of signature of this Agreement.
4. Grant funding must be spent within the timescales specified in Appendix A. Where this is not possible, CPC may agree an extension or request repayment.
5. Procurement must comply with Your financial regulations and, where applicable, the Procurement Act 2023 or Public Contracts Regulations 2015.

5. Publicity and Marketing

1. You consent to CPC using project details, photographs or video for marketing and promotional purposes where consent has been obtained.
2. You must publicise the receipt of funding on Your website and provide a hyperlink to www.thecpc.ac.uk.

6. Project Outcomes and Grant Recovery

1. You must submit a full and final Project Outcome Report upon utilisation of the Grant. CPC may reclaim the Grant if the report is not submitted within agreed timescales.
2. CPC may recover up to 100% of the Grant if Project Outcomes are not satisfactory.
3. Any unutilised Grant must be reported to CPC, who will determine whether repayment is required.
4. In the event of insolvency or similar proceedings, CPC may recover unspent Grant and withhold future payments.

7. Amendments and Termination of Grant

1. No amendment to this Agreement shall be effective unless in writing and signed by both parties.
2. CPC may terminate this Agreement following breach and require repayment of Grant funding.
3. Reasonable costs may be excluded from clawback at CPC’s discretion.
4. CPC makes no commitment to renew or continue funding.

8. Conflict of Interest

1. You must have systems in place for declaring and managing conflicts of interest.
2. You must notify CPC immediately of any suspected financial irregularity.
3. You must safeguard CPC funding against fraud.

9. Confidentiality and Freedom of Information

1. Confidential Information must not be disclosed during the Agreement or for three years after termination.
2. Disclosure is permitted to representatives or where required by law, including under the Freedom of Information Act 2000.
3. No licence to Intellectual Property Rights is granted.
4. You must cooperate with CPC reporting requirements.

10. Liability

1. Neither party shall be liable for indirect or consequential losses.
2. The Member’s total liability shall not exceed 200% of the Grant value.
3. This Clause sets out the parties’ entire financial liability.
4. Statutory warranties are excluded to the fullest extent permitted by law.
5. Liability for death, personal injury, fraud or fraudulent misrepresentation is not excluded.
6. The Member must maintain appropriate insurance.

11. Assignment and Sub-contracting

1. CPC may assign this Agreement.
2. You may not assign without CPC’s written consent.
3. Sub-contracting is not permitted.

12. Entire Agreement

1. This Agreement constitutes the entire agreement between the parties and supersedes all prior arrangements.

13. Relationship of Parties

1. Nothing in this Agreement creates a partnership, agency or employment relationship.

14. Notices

1. Notices must be in writing and served by post or personal delivery to the specified addresses.
2. Notices are deemed received in accordance with stated timelines.

15. Rights Cumulative

1. Rights and remedies are cumulative.
2. Exercise of one right does not prevent exercise of others.
3. Termination does not affect accrued rights.

16. Conflicts of Interest

1. Your employees, subcontractors or agents must not have conflicting interests with CPC.

17. Applicable Law

1. This Agreement is governed by and construed in accordance with the laws of England.

18. Contracts (Rights of Third Parties) Act 1999

1. Third-party rights apply only where expressly stated under the Act.