Terms and Conditions of a Fife Council Award
Version dated: 25/10/2024
General
These terms govern Your participation in Crowdfund Fife via Crowdfunder (Fund) under which Your project receives Funding from the Fund. References to “We” refer to Fife Council and Crowdfunder Limited. If You are participating in the Fund on behalf of an organisation ("Your Organisation"), You agree that Your Organisation will also be bound by these Fund Terms and Conditions and Crowdfunder’s Terms of Use - “You” refers to you and your organisation. If You do not want to be bound (or Your Organisation does not want to be bound, if applicable) by these Fund Terms and Conditions and Crowdfunder’s Terms of Use, please do not participate in the Fund.
In the event of inconsistency between these Fund Terms and Conditions and Crowdfunder’s Terms of Use, these Fund Terms and Conditions shall prevail.
We reserve the right to hold void, suspend, cancel or change the Fund, and may amend these Terms and Conditions from time to time.
Eligibility criteria
You confirm that Your Organisation meets the eligibility criteria for the Fund. The eligibility criteria form part of these terms and conditions and You confirm that all information provided in Your application for Funding is true and accurate.
Fees
Crowdfunder will charge the fees on crowd pledges to Your project which will be deducted from the pledges before they are transferred to You. The fees that are applicable to your project are listed on the Fees page: https://www.crowdfunder.co.uk/fees. There will be [no] fees for pledges from the Funding Partner.
Claiming Your Funding
You must set up a wallet with Crowdfunder’s third party payment services provider, Mangopay via the Crowdfunder platform.
You must draw down Your funding through Crowdfunder within 3 months of the successful completion of Your crowdfunding campaign. Any funding not drawn down after 3 months will be deemed unspent and the offer of funding will be rescinded.
Using Your Funding
You shall only be entitled to use the Funding for the Funding Purpose as set out on Your Crowdfunder campaign page, if You are unable to use the funding for these purposes, please notify us as to how You intend to spend the funding at [email protected]. Crowdfunder will determine at its discretion whether the revised use of the funds or extended timeline is approved, or whether the funding distributed to You must be repaid or Your application has been rejected, as appropriate.
You are responsible for paying all fees and collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with your use of Crowdfunder.co.uk, the Pledges you receive (including Funding Partners) and the Rewards you offer;
All organisations should ensure that in conducting the activity for which the grant has been given that they shall not commit any act of discrimination rendered unlawful by the Equality Act 2010. They should ensure they are open to all who could benefit or wish to take part and have an equality of approach throughout project delivery.
Monitoring and Evaluation
You will also be required to complete short questionnaires about Your project delivery and crowdfunding experience at 3 months and 12 months after Your crowdfunding campaign closes. Crowdfunder may also request additional information throughout and after Your campaign. You may also be required to take part in any evaluation being undertaken by Crowdfunder or the Funding Partner, or anyone working on their behalf. You agree for Us to contact you for this purpose and to supply any information requested in a timely manner.
The community organisation shall agree to fill out and submit a Fife Council monitor and evaluation form, up to four weeks after completion of the project.
Branding and Recognition
We may wish to use Your campaign details and the Funding to form part of a case study that they will publish on their websites or social media platforms to show good-practice and provide support to other organisations wishing to crowdfund as an alternative source of funding. The content will be discussed and agreed with You prior to publication.
You will acknowledge the funding and support from the Funding Partner using logos and copy where appropriate.
Organisational Issues
Please inform us in writing of any major changes to Your Organisation, this may include impending mergers, financial difficulties, significant loss of funding, significant changes in staffing, and/or Charity Commission / Companies House matters. If You change Your address or contact details, please inform us via email [email protected] providing details of Your new address and contact details.
Sharing information
You acknowledge that Crowdfunder may share with the Funding Partner any data in relation to You, Your Organisation and your project and Funding including monitoring and evaluation data it holds. Please see our privacy policy for more details:
Crowdfunder privacy policy: https://www.crowdfunder.co.uk/privacy-policy
The information provided by you will be used by Fife Council to process your application. It will be shared with FVA, NHS Fife and other local authority services or external funders and information will be obtained from your application.
Fife Council may share information about our funding award with parties and anyone who may make a request for information under the Freedom of Information Act 2000
The community organisation shall agree to the organisation’s main contact details being publicly listed on the Fife.gov website/Crowdfund Fife website.
Further information on how your information is used and why can be found by contacting Fife Council’s Data Protection Officer at: [email protected].
Withdrawl and Clawback of funding
If there is any reason to believe that there has been a breach of these Fund Terms and Conditions and/or Crowdfunder’s Terms of Use, We may, at our sole discretion withdraw, reduce, vary or withhold the Funding, in whole or in part in the event of any failure to comply with these terms and conditions, Crowdfunder’s terms and conditions or where the law is not being complied with. We may continue to review Your Project even after it is accepted to participate in the Fund and reserves the right to remove a Project from the Fund at any time if it is identified that the Eligibility Criteria or Fund Terms and Conditions are not met.
You will also be ineligible to receive Funding if, at our sole discretion we are not satisfied that all the Supporter pledges on Your project are genuine pledges. Where projects or pledges are identified as fraudulent, potentially fraudulent, or demonstrative of manipulating the pledging on a project in order to obtain match funding, this is taken very seriously. Where appropriate, the police or other relevant authorities will be informed. In addition:
- Your application for the Fund will be refused and any existing commitment for Funding will be withdrawn.
- Your Crowdfunding project may be cancelled and You will be ineligible for future applications or projects.
- Action will be taken to recover Funds which has been paid out.
We may require You to repay without delay all or the relevant portion of the Funds You receive:
a. which is used by You for any purpose other than the fundingpPurpose;
b. where Your project or pledges to Your project are identified as fraudulent, potentially fraudulent, or demonstrative of manipulating the pledging on a project in order to obtain funding;
c. is used by You in material breach of these terms and conditions (including the eligibility criteria) ;
d. which is unused by You 12 months after the close of Your crowdfunding campaign; or
e. which is paid to You in error.
Additional terms
All organisations working with children, young people or vulnerable adults should ensure that in conducting their activities, they meet the requirements of the Health and Safety at Work Act 1974 and the Protection of Children (Scotland) Act 2003. For all activities involving children, young people and adults at risk, safeguarding policies and procedures should be in place, with staff and volunteers holding an appropriate PVG (Protecting Vulnerable Groups) Certificate.
Where applicable, You must have insurance and all relevant consents and approvals for any activity which the funding will be wholly or partly funding.
Fife Council may share information about our funding award with parties and anyone who may make a request for information under the Freedom of Information Act 2000