Date of posting: 23rd November 2023
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1. General
1.1 These terms and conditions (P4N Terms and Conditions) govern your participation as a 'Project Owner' in the Projects for Nature Programme via Crowdfunder (P4N) under which your nature recovery project (Project) receives funding (each funding contribution being a Pledge) from one or more of P4N participating funding partners (Funding Partner) and/or members of the public through the P4N platform (Backers).
1.2 In agreeing to be bound by these P4N Terms and Conditions, you are entering into a binding contract with the Funding Partner and Crowdfunder Limited in relation to the funding that you receive from P4N. References to “We” refer to the relevant Funding Partner and Crowdfunder Limited.
1.3 In the event of inconsistency between these P4N Terms and Conditions and Crowdfunder’s Terms of Use, these P4N Terms and Conditions shall prevail.
1.4 If there is any reason to believe that there has been a breach by you of these P4N Terms and Conditions and/or Crowdfunder’s Terms of Use, Crowdfunder may at the request of one of our coalition partners who help deliver P4N (Defra Group and Accenture, collectively referred to as the P4N Coalition Partners), exclude any Project Owner, organisation, or user from participating in the P4N.
1.5 We reserve the right to hold, void, suspend, cancel or change P4N, and may amend these P4N Project Terms and Conditions where this is necessary from time to time. We will let you know if an amendment is made.
2. Our role
2.1 What we do
2.1.1 Crowdfunder provides a platform through which Project Owners can raise funding for nature recovery projects in the United Kingdom and Funding Partners and Backers can support those Projects by making Pledges. By providing this platform, Crowdfunder facilitates agreement between Project Owners and Funding Partners for Pledges, subject always to these P4N Fund Terms and Conditions.
2.1.2 Projects on the platform are selected by the P4N Coalition Partners in accordance with the eligibility criteria for P4N as set out here (Project Eligibility Criteria).
2.1.3. All Funding Partners will be required to meet certain eligibility criteria to take part in the P4N Platform, but there is no obligation for Project Owners to accept Pledges from particular Funding Partners or Backers
3. Project Eligibility Criteria
3.1 You confirm that your organisation and Project meets the Project Eligibility Criteria. The Project Eligibility Criteria form part of these P4N Project Terms and Conditions and you confirm that all information provided in your application for P4N funding is true and accurate.
4. Fees
4.1 Crowdfunder will charge the following fees on Pledges to your Project. This will be deducted from the Pledges before they are transferred to you:
5. Claiming your P4N Funding
5.1 You must set up a wallet with Crowdfunder’s third party payment services provider, Mangopay via the Crowdfunder platform.
5.2 Fundraising activity for your Project via P4N will close upon the date that You reach Your fundraising target (i.e. the minimum total value of Pledges that You are seeking for your Project), or if you don't reach your target, on the date that we agree your fundraising activity in P4N will end (Project Close). Stretch targets (i.e. flexible targets used when a Project has reached their initial funding target) are not permitted for projects participating in P4N.
5.3 You must draw down your P4N funding through Crowdfunder within 3 months of Project Close. Any P4N funding not drawn down within 3 months of Project Close will be deemed unspent and returned to the participating Funding Partner or Backer.
5.4 We will inform you if there are any other specific conditions relating to funding from a specific Funding Partner so you can decide whether or not to accept that funding.
6. Using your P4N Funding
6.1 Your P4N funding should only be used for the specific purposes as set out on your Crowdfunder Project campaign page and within any advertised timelines. If you are unable to use P4N funding for the purposes set out on your Crowdfunder Project campaign page, please notify us as to how you intend to spend P4N funding at [email protected]. We will advise you on whether the revised use of P4N funding and/or extended timeline is approved by the P4N Coalition Partners, or whether the Pledge(s) distributed to you must be repaid or your application for alternative use of P4N funding has been rejected, as appropriate.
6.2 You must maintain proper and detailed accounts for all P4N funding received and how it has been spent and we, or any of the P4N Coalition Partners, may ask you to provide evidence of how you have spent these P4N funds. If you fail to provide this information promptly (and in any event, within 7 days of request), we may treat any funding paid to date as immediately repayable as a debt.
7. Evaluation
7.1 You will be required to report on the outputs delivered under the Project as a result of the funding received in accordance with the P4N Reporting Framework. You will also be required to contribute information to inform evaluation of the P4N pilot. You will also be required to complete a report about your Project and fundraising experience, 3 months after your Project Close. We may also request additional information regarding your Project and use of P4N funding throughout and after your campaign. You will also be required to take part in a short interview about your experience of P4N as part of the P4N pilot evaluation. You agree for your contact details to be shared with the relevant P4N Coalition Partners for the purpose of evaluation and to supply any information requested in a timely manner.
8. Branding and Recognition
8.1 We may wish to use details of your Project and P4N funding that you have received to form part of a case study that we and/or the P4N Coalition Partners will publish on their website or social media platforms to show good-practice and provide support to other organisations wishing to seek philanthropic donation as an alternative source of funding. We will discuss and agree the content with you.
8.2 The P4N Coalition Partners’ trademarks are owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vested in) the relevant P4N Coalition Partner and are protected by UK and international copyright and other intellectual property laws.
8.3 Your use of P4N branding and of the P4N Coalition Partners’ logos and trademarks must be subject to the Comms Guidance for Projects.
9. Personal Data
9.1 Please see Crowdfunder’s privacy policy for information about how we process personal data and the circumstances in which we share it with Funding Partners.
10. Organisational Issues
10.1 Please inform us promptly in writing of any major changes to your organisation or Project. 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.
10.2 You must have insurance and all relevant consents and approvals that may be applicable for the Project and any activity which P4N funding will be wholly or partly funding.
11. Suspension and withdrawal of P4N funding and/or removal from P4N
11.1 Crowdfunder, the Funding Partners and/or any the P4N Coalition Partners may continue to review your Project even after it is accepted to participate in P4N.
11.2 Crowdfunder reserves the right to withdraw, reduce, vary or withhold P4N funding in whole or in part and/or may remove a Project from P4N at any time and/or may take action to recover P4N funding which has been paid out (as appropriate) in the event of:
11.3 Crowdfunder and/or the P4N Coalition Partner may, at its sole discretion, exclude any Project Owner, Funding Partners, organisation, Backers or user from participating in P4N.
11.4 P4N Coalition Partners reserve the right to hold void, suspend, cancel or change P4N.
11.5 P4N Coalition Partners may require us to make amendments to these P4N Project Terms and Conditions from time to time where they deem it necessary. We will inform you of any such changes.
12.1 NEITHER CROWDFUNDER, THE FUNDING PARTNERS, NOR ANY OF THE P4N COALITION PARTNERS WILL UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:
IN EACH CASE, HOWEVER ARISING; AND
12.2 You agree only to use Crowdfunder.co.uk in accordance with these P4N Terms and Conditions and the Crowdfunder Terms of Use. You agree that you will compensate us and the P4N Coalition Partners (and our respective employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these P4N Terms and Conditions or any liability we or the P4N Coalition Partners incur as a result of the use of Crowdfunder.co.uk by you and any other person that uses your account with your permission or as a result of your negligence.
12.3 Severability. If any part of these P4N Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these P4N Fund Terms and Conditions will not be affected and shall remain in force.
12.4 Entire Agreement. These P4N Terms and Conditions and the Crowdfunder Terms of Use govern our relationship with you and represent our entire agreement with you.
12.5 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these P4N Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
12.6. References to ‘including’ and other similar expressions. In these P4N Terms and Conditions, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
12.7 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these P4N Terms and Conditions.
12.8 Waiver. If you breach these P4N Terms and Conditions and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach P4N Terms and Conditions again.
12.9 Exclusion of third party rights. The P4N Coalition Partners shall have the right to enforce the provisions of these P4N Terms and Conditions that confer a benefit on them. Otherwise, these P4N Terms and Conditions do not create any right enforceable by any person who is not a party to them or any contract made under them.
12.10 Language. These P4N Terms and Conditions may be presented to you in more than one language. However, the English language version of these P4N Terms and Conditions shall prevail. All contracts made under these P4N Terms and Conditions will be concluded in English.
12.11 Territory. Crowdfunder.co.uk is controlled and operated from the United Kingdom. If you choose to access Crowfunder.co.uk from outside the United Kingdom, we make no representation that the content and operation of Crowdfunder.co.uk will comply with local laws.
12.12 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these P4N Terms and Conditions or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England. If a dispute arises between us out of or in connection with these P4N Terms and Conditions or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will, subject to paragraph 12.13, have exclusive jurisdiction to deal with such dispute.
12.13 Nothing in paragraph 12.12 shall deprive any Backer of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.