KICKSTART SCHEME – TERMS AND CONDITIONS OF REPRESENTATIVE
Definitions and Interpretation
“Applicant” means any organisation for whom IASME is making an Application as a Representative;
“Application” means an application to HM Government for funding under the Scheme;
“Funds” means the monies (limited to £1500 per Job Placement) due to You per job placement under and in accordance the Scheme and this agreement;
“Grant Agreement” means the grant agreement, Grant Offer Letter or other grant terms and conditions which We are obliged (as a Representative) to enter into with HMG];
“Grant Offer Letter” means the grant offer letter which We and You may be required to enter into with HMG at the point at which the application is approved;
“IASME” means IASME Consortium Limited
“Job Placement” has the meaning given to it by the Scheme;
“Law” means any relevant provision in statute or at common law including (without limitation) state aid law; the Modern Slavery Act 2015, the Bribery Act 2010 ;
“Representative” means IASME performing the representative role defined by the Scheme
“Scheme” means HM Government’s Kickstart Grant Scheme (first published on 2 September 2020) as may be updated or revised from time to time. The Kickstart Scheme provides funding to employers to create job placements for 16 to 24 year olds on Universal Credit.
“Scheme Requirements” means the requirements for applications, eligibility and compliance with the grant Scheme (including, without limitation, the Job Placement Criteria and Grant Offer Letter) as may be published by HM Government from time to time;
“You” means the applicant company and You and Yours shall be interpreted accordingly
“We” means IASME and “Us”, “Our” and “Ours” shall be interpreted accordingly
IASME has agreed to make an application as a Representative for You and other Applicants under HM Government’s Kickstart Scheme.
In consideration of this You have paid the sum of £1 to IASME and agree to pay the additional Charges at the times and in the manner set out in the [Annex]. IASME may deduct its Charges from the payments made by HM Government and pay You the balance.
You accept and acknowledge that whilst IASME will use its reasonable endeavours in making or attempting to make the Application, You have received no assurance or representation that the application will be made at all (because it may prove impossible to collect enough Applicants to meet the threshold of 30 Job Placements or because the terms of the HMG Grant agreement are not acceptable to Us)), or that if made it will be successful and that, save as aforesaid, IASME accepts no liability for any loss or damage of whatever nature arising from or relating to this Agreement. IASME excludes all liability to the fullest extent permitted by law.
You will not take any action against IASME its directors, employees servants or agents under or in relation to this Agreement.
You acknowledge and accept that the success or otherwise of any Application depends in large part on sufficient places being identified; on the timeliness, completeness and accuracy of the information provided by You and the other Applicants. IASME relies on the accuracy, timeliness and completeness of the information You provide.
We may place a limit on the number of potential Job Placements for which You seek grant funding under the Scheme.
Subject to You complying with the terms of this agreement and to our having, at the relevant time, continued authority to receive and remit Funds, We will remit the Funds that are due and payable to you within a reasonable period after receipt by us of those Funds. We will not be liable for payments made to the incorrect bank account save where and to the extent that that payment is the result of our negligence.
You warrant and represent to IASME that
(i) the information You provide in support of the Application is accurate and complete;
(ii). You have checked the Scheme Requirements and have satisfied Yourself that you are eligible to receive funding under the Scheme;
(iii) You will at all material times comply with the Scheme Requirements including but not limited to the Terms of the Grant and the Grant Offer Letter;
(iv) The Job Placements will not replace existing or planned vacancies or cause existing employees, apprentices or contractors to lose work or reduce their working hours;
(v) You will notify IASME promptly in writing of any change in Your circumstances affecting or potentially affecting Your eligibility under the Scheme;
(vi) You will provide the information that IASME requires from You promptly on request;
(vii) You will indemnify IASME and keep IASME indemnified against all claims losses damages costs and expenses of whatever nature resulting from any failure or alleged failure on Your part to comply with the Scheme Requirements or from Your breach of any of the warranties or representations set out in this Agreement;
(viii) You will not do or cause or permit to be done anything that might damage the reputation or business interests of IASME or the reputation, effectiveness, or integrity of the Scheme;
(ix) You will act at all times in absolute good faith and co-operate fully with IASME to facilitate its role as Representative;
(x) You will promptly, on demand, repay to the Scheme either directly to HM Government or via IASME as instructed by IASME or HM Government, all Funds or other sums you have received from the Scheme in error, in breach of Law or in breach of any of the warranties or representations under this Agreement or any of the Scheme Requirements;
(xi) You will apply any and all funds You receive from the Scheme strictly in accordance with this Agreement and the terms of the Scheme and for no other purpose;
(xii) You will keep proper accounts of the funds You receive and allow IASME and HM Government, their servants and agents ready access to your records, premises and personnel in order to audit Your use of the funds and will co-operate with such audit;
(xiii) You will not do or cause or permit to be done anything calculated to put IASME or another Applicant in breach of its obligations under the Scheme Requirements;
(xiv) You have not made and will not make during the term of this agreement any application for funding u der the Scheme other than under this Agreement;
(xv) You have not relied on any interpretation of the Scheme other than Your own;
(xvi) You have not received and do not anticipate receiving other grant funding or benefits of whatever nature that would, in aggregate with any funds You receive under the Scheme, breach any applicable state aid thresholds or intensities;
(xvii) The bank account details You provide to us are correct and we may rely on them when paying the Funds to You.
(xviii) Neither You nor any of Your Directors or shareholders has been convicted of fraud, corruption or bribery in any jurisdiction.
(xix) You will promptly (and in any event within 48 hours) notify Us in writing of each Job Placement You make.
You and We will keep the terms of this Agreement and will keep the information submitted for the purpose of the Application confidential. We and You will only use the information for the purposes of making the Application.
We and You may only disclose the information to HM Government (in the course of making the Application or cooperating with HMG and its management and oversight of the Scheme) or to the extent that We or You are obliged to disclose it pursuant to an order of the court or otherwise obliged to disclose it by law.
Law & Jurisdiction
English law shall apply to this Agreement and the Parties agree to the exclusive jurisdiction of the courts in England.
You authorise us to act as ‘gateway’ and to represent you for the purposes of making the Application. We may in particular enter into the funding agreement and any grant terms on your behalf. You accept and will meet your obligations under the Scheme as principal.
We may vary or amend these terms and conditions as required in order to meet the requirements of the scheme or to enable us better to perform our role as Representative. We will publish any such changes on our website.
We and You will comply with our respective obligations under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 and will co-operate with each other to ensure adequate technical and administrative measures are maintained for data privacy; for data minimisation and for privacy by default. You will only disclose the minimum personal data needed to meet the information requirements of the Scheme. You warrant to us that You have all the necessary notices, polices and procedures in place that establish a legal basis for disclosing the personal data to Us. You warrant also that you have in place and will maintain appropriate technical and organisational measures to ensure the confidentiality, integrity and availability of the personal data you control. You will indemnify Us and keep Us indemnified against all and any claims losses damages costs or expenses of whatever nature arising from or in relation to any breach by You of Your obligations under this clause.
Term and Termination
This agreement commences on the date that You accept these terms and conditions and (save for the confidentiality obligations and warranties and representations ) will expire 12 months thereafter unless terminated earlier under the terms of this Agreement or extended by written agreement between the Parties.
We may terminate this Agreement in the event that You are in breach of any Your obligations hereunder.
We may refuse to pay the Funds to You, terminate this agreement with immediate effect and report the facts to HMGovernment in the event that we suspect or believe that you have misrepresented any of the information You provide in support of or in relation to your application.