Your grant terms and conditions

1.   Timescales 

• The grant must be spent by the date stated in your offer email unless an extension is agreed in writing by Foundation Scotland.
• Should all or any part of the grant not be spent by that date, you will inform Foundation Scotland and request an extension to the grant period or repay the unspent funds. Foundation Scotland is not obliged to extend the grant period.

2.   Legislation and Liability

• Your grant is awarded based on the information you supply to Foundation Scotland at the time of your application and during our assessment of that before the grant is offered. If any of this information is subsequently found to be misleading, inaccurate or false, then the grant must be returned to Foundation Scotland in full.
• You undertake that any volunteers, persons employed or contracted to carry out work paid or otherwise linked to the grant will be suitably qualified and trained to do so. This may include, but is not limited to, accreditation to or membership of relevant trade bodies or quality assurance schemes.
• Foundation Scotland, its donors and clients, will, under no circumstances, be liable for any damage, injury or loss of any kind whatsoever to any property or persons occurring as a result of activities undertaken with this grant.

3.   Use of Funds

• The grant must not be used for any purpose other than that specified in your offer email unless agreed in writing with Foundation Scotland. If any part of the grant is not used for the purpose specified above, or other purposes agreed with Foundation Scotland, it must be paid back to Foundation Scotland.
• You undertake that any persons employed or contracted to carry out work paid for with the grant will be suitably qualified to do so. This may include, but is not limited to, accreditation to or membership of relevant trade bodies or quality assurance schemes.
• In the event of your organisation being wound up, Foundation Scotland will be informed immediately. In such cases, any unspent grant funds must be returned to Foundation Scotland. Also refer to the Assets Purchased section below.

4.   Projects involving Buildings and Land

• Where the grant is towards the alteration or improvement of buildings or land, you confirm that your organisation owns or otherwise holds secure tenure over the site as necessary, such as through a lease. You confirm that such ownership or agreement enables your use of the site for a sufficient period to enable the delivery of, and anticipated impact from, the project for which the grant is awarded. 
• Where the grant is towards the purchase of a property, you will confirm clean title by obtaining a certificate of title from the solicitor acting on your behalf (or by another appropriate method) at your organisation’s own cost.
• For large or complex projects involving building or land, and where not already set out under the additional conditions in your grant offer email, a payment schedule will be agreed between you and Foundation Scotland, setting out grant instalments against key milestones. Each instalment will be paid out following the submission of evidence that the relevant milestone has been achieved.
• Where these have not already been submitted with your application, you will provide the following where applicable, to be agreed with us or as set out under any additional conditions in your grant offer email. Grant payments may be contingent on the provision of these, as part of any agreed payment schedule:
  • Copies of bill of quantities and related tendering documentation, and a report on the process for awarding the contract(s)
  • Copy of your selected contractor’s / contractors’ professional indemnity insurance cover
  • Copies of architect’s completion certificates or of bills for work carried out if an architect’s certificate is not necessary.
  • Copy of planning permission granted, building warrant approval, or listed buildings consent.

5.   Progress and Reporting

• The grant is offered subject to satisfactory progress against any plans you supplied to us at the time of application or agreed with us during our assessment of your application or at the grant offer stage.
• To help us report to our donors on the impact a grant has had, an online monitoring report should be completed and submitted to us by the date stated in your offer email. You will be sent a link to your monitoring report once you have accepted your grant offer, so remember to check your email as the form will include the indicators you are expected to report against
• If your grant period is greater than 12 months, we will ask you to provide interim monitoring reports. These should be completed and returned to us as set out in your grant offer email. You will be sent a link to this online form around four weeks before it is due.  
• Foundation Scotland reserves the right to share monitoring information with any donor who has provided the funds for your grant. If either Foundation Scotland or a donor is not satisfied with the information provided to us or feels that the project is not making satisfactory progress towards any targets/milestones set out in your application, we may withdraw your grant and/or cease to make further payments. Please note this would be a last resort and we will always endeavour to work with you to address any problems before this happens. It is important that you tell us immediately of any problems or challenges involved in delivering your project. If we do withdraw your grant, we will set out our reasons for this in writing.
• Your organisation will participate in any reasonable requests by Foundation Scotland, the donor providing your award or its representatives to provide information on the project, organisation or its activities either before or after the grant, period comes to an end. This may include requests for information to be provided in writing or verbally.
• Your organisation will comply with any reasonable request by the Fund or Foundation Scotland to visit your funded project.
• Foundation Scotland carries out spot checks on 1 in 50 organisations to request copies of any receipts, invoices, bank statements and annual accounts linked to the grant funding. In addition, third party donors contributing to some of the funds we administer have their own corporate compliance requirements and as part of that may also require you to provide this evidence. You must therefore keep all records pertaining to your grant for a minimum of six years and be prepared to submit these on request or otherwise make these available for inspection. 

6.   Acknowledgements & Publicity

• The fund your grant comes from and Foundation Scotland should be acknowledged in connection with the grant award as per our guidelines provided in your offer email. This includes acknowledgement in publicity in any media, publications or other outlets. 
• Telling others about the impact of the grants we make and the valuable work you do is really important. We share your stories with our donors, to inform them how their funds are invested. We've put some tips together, please visit the publicising your award page. 
• It would also be extremely helpful if you could provide photographs or video recordings that help illustrate your project and demonstrate its benefits, to be used by Foundation Scotland for publicity purposes. If you're happy for us to use your imagery for publicity purposes, please submit a photo/video consent form which can be accessed here. This is required for all photos or video recordings featuring clearly identifiable individuals.
• We would ask that you invite Foundation Scotland to attend any promotional or public launch pertaining to this grant award.  We always attend when we can and send the invites to the donors who supported your project. 
• You will e-mail Foundation Scotland a copy of any literature/materials produced with the grant and/or notification of any related website featuring the project that the grant is contributing towards.
• You will give recognition of the support of Foundation Scotland and the fund that your grant comes from in your organisation’s annual report.

7.    Accounting

• Your organisation will show the grant income as restricted in its accounts and include a note in its annual accounts showing that the grant is provided by the fund (stating the name of the fund) and through Foundation Scotland.
• If the grant is paid over more than one year, a copy of your organisation’s audited or independently examined (as appropriate) accounts should be sent to Foundation Scotland within nine months of your accounting year-end for each accounting year (as observed by your organisation) in which grant payments are made.

8.   Assets Purchased

• Any asset(s) (items such as property, vehicles or equipment, or licenses or intellectual property) purchased with the grant will not be sold, gifted or otherwise disposed of to any other organisation or individual within the appropriate financial life (based on accepted depreciation rates) of the asset or within a ten-year period, whichever is the longer, without our prior approval in writing.  
• If your organisation is wound up, any equipment purchased with the grant will be made available to redistribute to another organisation (to be agreed with Foundation Scotland) operating within the geographical area served by the fund form which your grant is paid. Foundation Scotland will agree the organisation to which it is made available.
• Any asset purchased using the grant must never be sold or gifted to the financial gain of an individual or individual(s). 

9.   Payments

• All payments will be made by BACS. If you have not done so already, you must provide a scanned copy of a bank statement from the last three months to Foundation Scotland. 
• Once you have accepted the award and met any pre-payment conditions, as stated in your offer email, a remittance advice will be emailed from our Finance Department to the email address that we hold for your organisation. We make payments every Tuesday and Thursday. To make the weekly payment run, we need your grant acceptance and any further documents in relation to your grant by 2pm on Monday or Wednesday. Funds will then normally be in your bank account within three working days. 
• If the grant is to be paid in instalments this will be set out in a payment schedule to be agreed between you and us or as set out in your grant offer email.  Where the circumstances of your project have changed since your application, payments and their timing may be amended by mutual agreement between you and us. 
• The funds to award your grant are provided to Foundation Scotland by a donor who has signed an agreement with Foundation Scotland committing to the provision of the necessary funds. In the unlikely circumstance that the donor defaults on that agreement while some or all of your grant remains unpaid, Foundation Scotland will make every effort to ensure your grant is paid. However, Foundation Scotland will not be bound to make further grant payments in such circumstances, and will not be liable for any damage, injury or loss of any kind whatsoever to any property or persons occurring as a result of its inability to make such further payments in such circumstances.