Terms And Conditions
The following terms and conditions will apply to any Applicant (defined below) making an Application for a Grant (all terms defined below)
In these terms and conditions unless the context otherwise requires, the following words and expressions shall have the following meanings:-
“Applicant” means the applicant business applying to the Council for a Grant in terms of these terms and conditions;
“Application” means any document or information sent to the Council by an Applicant in support of their request for a Grant;
“Council” means South Ayrshire Council;
“Grant” means the amount of business grant set out in the Grant Notification Letter;
“Grant Expiry Date” means the date by which the Applicant must satisfy all conditions of Grant as set out in these terms and conditions and the Grant Notification Letter;
“Grant Notification Letter” means the Council’s letter confirming the Grant award to you.
1.2.1 A reference to any enactment, order, regulation, Statutory Instrument, or the like shall include references to any amendment, replacement, consolidation or re-enactment of the same.
1.2.2 Words importing the masculine gender include the feminine gender, words in the singular include the plural and words importing individuals shall be treated as including bodies corporate, unincorporated associations and partnerships and, in each case, vice versa.
1.2.3 Clause headings do not form part of the Contract and shall not be taken into account in its construction or interpretation.
2. Eligibility for Grant
2.1 Applicants shall provide details and evidence of the following in order to be eligible for the Grant:-
2.1.1 The identification and residence of all owners, partners or directors of the Applicant business;
2.1.2 A legitimate business bank account in the name of the Applicant business;
2.1.3 The trading and registered address of the Applicant business, which shall be within the Council region;
2.1.4 The business plan and financial projections for the first two years of trade for the Applicant business, which shall be assessed and must be deemed viable by an authorised officer of the Council acting reasonably.
2.2 The Council shall be entitled to withhold the advance of the whole or any part of the Grant in the event of the Applicant owing any sum or otherwise being in debt to the Council.
2.3 Businesses involved (whether directly or indirectly) or associated with any of the following commercial models and purposes will not be eligible for the Grant:-
2.3.1 Pornography or other ventures of an overt sexual nature;
2.3.2 Multi level marketing and pyramid selling;
2.4 Without prejudice to clause 2.3, the Council reserves the right to refuse Applicant businesses which the Council deem, in its sole discretion, may bring South Ayrshire Council into disrepute.
3.1 The Grant shall be awarded only once to an Applicant in the 24 month period commencing with the date of the Grant Notification Letter.
3.3 Subject to the provisions of clause 4, the Grant will be advanced in such instalments as the Council (acting reasonably) shall consider appropriate.
3.4 Grants are discretionary and the Council reserves the right to refuse any Application at its sole discretion. Further, the Council reserves the right to vary the amount of Grant awarded at its sole discretion.
4. Purpose for which the Grant is to be applied
4.1 The Grant awarded to an Applicant shall be conditional on the following requirements being satisfied:-
4.1.1 The Grant shall be applied by the Applicant solely towards genuine business costs associated with the establishment and trading of the Applicant business, and for no other purpose whatsoever (for the avoidance of doubt, director / owner remuneration is not an eligible business cost for the purposes of this clause 4.1.1);
4.1.2 No later than the Grant Expiry Date, the Applicant shall exhibit to the Council evidence of the business employing at least one additional full-time member of staff (which shall be on terms no less than 16 hours per week for a minimum of period of 6 months), as compared with the number of staff at the time of the Application.
4.2 The Council shall be entitled, at its sole discretion, to waive any of the conditions referred to in clause 4.1.
4.3 The payment by the Council of any part of the Grant shall not of itself imply an acknowledgement that any of the conditions referred to in clause 4.1 have been either satisfied or waived.
5.1 Applicants shall provide to the Council upon written request any progress reports and financial or other information and records reasonably needed from time to time in relation to the Grant or the purposes set out in clause 4 hereof.
5.2 Applicants shall comply with the Council’s systems for monitoring, evaluating and auditing the operation of the Grant upon being given reasonable notice by the Council. The Council will advise the Applicant about the systems for monitoring, evaluating and auditing in use. The Council (and anyone authorised by the Council) reserves the right to visit the Applicant at any reasonable time without giving notice and without prejudice to the Applicant’s right to privacy.
6. Repayment of Grant
6.1 The Applicant shall repay the Grant in full on demand if any of the following events occur:-
6.1.1 The Applicant is found to have made any misrepresentation in connection with the Application;
6.1.2 The Applicant has failed to satisfy any of the conditions provided under clause 4.1 prior to the Grant Expiry Date;
6.1.3 The Council considers that no reasonable effort on the part of the Applicant has been made to trade.
7.1 Interest will accrue and shall be payable by the Applicant to the Council on all sums due to the Council in terms of these terms and conditions at the rate of four per centum per annum above the base rate or rates for the time being of the Royal Bank of Scotland from the date the same falls due until paid.
8.1 The Council may make the purpose and amount of the Grant public in whatever way they consider appropriate.
9. Governing Law and Jurisdiction
9.1 The construction, validity and performance of these terms and conditions shall be governed by Scots law and the Council and the Applicant irrevocably submit to the exclusive jurisdiction of the Scottish courts.