Grant Conditions

By submitting an application to Spacecubed’s Innovative Society Fund (in either Lotterywest IdeaStarter, or Catalyst) you are agreeing to the following Conditions, including if you receive funds from either program. These conditions are legally binding on you. 

Additional conditions may be notified to you in writing by Spacecubed on awarding of funding.

A reference in these Conditions to “You” is a reference to the entity submitting the application and includes where the context requires a reference to your officers, employees, and agents. 

A reference to the “Fund” or “Spacecubed” is a reference to Spacecubed Foundation Limited.

1. Eligibility
   1. You warrant, represent and confirm that you meet the ‘Who Can Apply?’ criteria set out in the Guidelines for the fund to which you are applying, at the time of your application and if this changes for any reason after making the application, you will promptly notify the Fund.
      
2. Applications
   1. You agree to provide all information required to make an application to the Fund, including as set out in the Guidelines for the fund you apply to and required in the template Budget.
   2. You warrant that all information in the application (or provided to the Fund in response to a request per Clause 2.3 or a condition per Clause 2.5) is to the best of your knowledge accurate and complete and all parties supplying information in it made the same confirmation to you in writing. Without limitation, this includes your statements about other or matched funding. 
   3. You agree to promptly provide additional information as reasonably required to assess your application, or at any time reasonably required by Spacecubed for its funding process, and that Clause 2.2 will apply to additional information provided as if it was in your application.
   4. You acknowledge and agree that you have not relied on any representation or statement by Spacecubed or any other party relating to your application or its prospects of success and any discussions about funding do not constitute advice, and are for your information only.
   5. You acknowledge and accept that all decisions on funding applications are final and will not be open to appeal or re-consideration. This includes any decision to award funding in a lesser amount or different manner than you applied for, and that additional conditions on your funding notified to you in writing by Spacecubed on award of funding will be binding. 
   6. You undertake and agree to promptly inform Spacecubed if your compliance with any of the conditions applicable to your funding is or may be affected by any event or circumstance. 
      
3. Payments
   1. You acknowledge and agree, if you are awarded funding in response to your application, any funding awarded will be paid by electronic funds transfer to the account provided by you to the Fund, and you are solely responsible for ensuring the account can properly receive it:
      • 90% within 14 days of your acceptance of a grant (as determined by Spacecubed); and
      • 10% within 7 days of full submission of your Acquittal Form and due compliance with the acquittal requirements, and confirmation all Grant Conditions have been complied with,
      • or otherwise agreed to in writing by Spacecubed. 
   2. You acknowledge and agree that any grant funding you apply for or which is paid to you is exclusive of any GST, and it is your sole decision and responsibility to register for GST, if necessary, and to collect or account for any GST payable in relation to your grant funding.
   3. You agree that all funding received will be expended by you as set out in your application, including any plan and Budget submitted with the application, and in accordance with the relevant fund Guidelines and any conditions applicable to your funding, and not for ineligible expenditure, any of your own overheads or other costs in excess of 15% of the total funding awarded or otherwise contrary to these Conditions, the relevant fund Guidelines and any conditions applicable to your funding. For Lotterywest IdeaStarter, this includes that you will only expend the funding on eligible third party expenses that further develop a participant’s innovative idea, and for Catalyst, this includes that you will only expend the funding to progress or implement the stage of the initiative you applied for in collaboration with and using the contributions from your collaborating parties, and in conjunction with any required matched third party funds for initiative implementation stage, as set out in your application.
   4. You confirm that the expenses to which the funding relates have not been incurred prior to you receiving the funding, have not been or will not be funded through any other source, and do not include payment to any party who is related to either: you (as applicant); a participant (for Lotterywest IdeaStarter funding); or a collaborator (for Catalyst funding), or for payments which are otherwise not permitted by these Conditions, the relevant fund Guidelines or any conditions applicable to your funding (or contrary to any information provided per Clause 2.2).
   5. You agree to repay any underspend in funding compared to your Budget and that you will provide Spacecubed details of all your expenditure against Budget in your Acquittal Form.  You agree to make the repayment to Spacecubed no later than acquitta. You agree to repay in the instance that funds have been spent not in alignment with the approved application and budget. 
   6. You agree to promptly inform Spacecubed and obtain our consent to any changes to the funded work set out in the submitted application or which may otherwise affect your ability to undertake or complete that work and deliver the outcomes as set out in your application.
   7. You agree you will ensure that you (the Applicant) are responsible and accountable for all activities and expenditure carried out through Lotterywest IdeaStarter funding.
      
4. Meshpoints
   1. Payment of your funding is subject to your organisation joining the Meshpoints Partner Network (meshpoints.com) to at the least share and communicate the learnings and outcomes of your funded work, both during it being carried out and when it is completed.
      
5. Grant Promotion
   1. You agree you will acknowledge Lotterywest and Spacecubed in your uses of the grant, including without limit in accordance with any reasonable requirements from Spacecubed, and will on request provide Spacecubed with materials relating to your funded activities.
   2. You agree to follow the attribution requirement set out in the Marketing & Communications Toolkit, provided to you at the time of Grant Acceptance.
      
6. Grant Acquittal
   1. You agree that all funding must be expended and the Acquittal Form submitted within the time period set out in the Guidelines for the fund you applied to and it cannot be extended without the permission in writing from Spacecubed, which it can withhold in its discretion.
   2. In addition to the Acquittal Form, you acknowledge that funding is subject to post-funding follow-up in relation to the Innovative Society Index, and you agree to participate in online surveys conducted by Spacecubed up to 10 years after your funding is acquitted. It is your responsibility to have adequate arrangements to keep appropriate data relating to outputs and outcomes from the funded activity, to assist with an ongoing evaluation of the Fund.
   3. You agree that if you do not comply with all your obligations under these Grant Conditions, you may be requested to repay all or part of the funding received, even if it is spent, and if requested, you will immediately repay the funds to Spacecubed on demand as a debt due. You acknowledge and agree that Spacecubed may withhold any portion of the funding if it considers, in its discretion, you may not comply with your obligations in these Conditions.
   4. You agree to notify Spacecubed within 3 business days of any incident pertaining to your grant. Notifiable incidents include instances of fraud; accident or purposeful misuse of funds; cyber security breaches; diversity and/or inclusion harassment complaints or anything else reasonable that could negatively affect your grant, or is contrary to these Conditions.
      
7. Dispute resolution
   1. In the event of any dispute, controversy, or claim arising out of or relating to a Grant, including the breach, termination, or validity thereof, the Parties agree to first attempt to resolve the Dispute through good faith negotiations.
   2. A Party must give written notice (the “Dispute Notice”) to the other Party, setting out the nature of the Dispute, the circumstances giving rise to the Dispute, and the desired resolution.
   3. Upon receipt of a Dispute Notice, the Parties shall meet at a mutually agreed time and place within ten (10) business days to attempt to resolve the Dispute through discussions. If the Dispute is not resolved within thirty (30) days from the date of the Dispute Notice, the Parties may proceed to mediation.
   4. Mediation – If the Parties are unable to resolve the Dispute through good faith negotiations, the Parties agree to participate in a mediation process. The mediator will be jointly selected by the Parties. If the Parties cannot agree on a mediator, either Party may request the appointment of a mediator by Lotterywest.
      
8. General
   1. These Conditions are interpreted in conjunction with Innovative Society Fund Guidelines.
   2. You grant Spacecubed a non-exclusive, irrevocable licence to use, communicate, reproduce or adapt all intellectual property: in your application and acquittal solely for the purpose of administering the Fund; and in any materials provided by you under these Conditions in the promotion of the Fund.
   3. Spacecubed may publicly disclose details of applications, funded activity and assistance provided, and details about the anticipated outcomes and benefits to the State. It is your responsibility to clearly identify any information in your application that is confidential but you acknowledge Spacecubed may disclose confidential information if required by law or to assessors, advisors or contractors or any government agency including Lotterywest.
   4. You acknowledge that your application and acquittal are subject to Spacecubed’s privacy policy, and that your personal information may be used for the administration of the Fund.
   5. You release Spacecubed, Lotterywest, their respective officers, employees, contractors or agents from and against all loss and liability arising from your participation in the Fund.
   6. These conditions are governed by the laws of, and court jurisdiction of, Western Australia.