Terms and Conditions - all businesses except Not-For-Profit

In these terms and conditions, the following definitions apply:

Government Party refers to the Minister for Arts.

Applicant refers to the applicant applying for the Grant on behalf of the Venue.

Eligibility Criteria means the eligibility criteria for the Program as set out in the Program Guidelines.

Eligible Expenditure means the eligible expenditure as set out in the Program Guidelines which must be incurred by the Applicant for the Purpose during the Funding Period, and excludes any ineligible expenditure as referred to in the Program Guidelines.

Funding Period means the date from which the Application Form is approved by the Government Party until the Funding Period End Date.

Funding Period End Date refers to 31 December 2023.

Grant refers to the grant amount approved by the Government Party to be provided to the Applicant for the Purpose.

Grant Agreement refers to these terms and conditions and the Application Form completed by the Applicant for the Program (Application Form).

“Plus GST” means plus any GST to the extent that there is a Taxable Supply under the Grant Agreement.

Program means the Venue Improvement Grants program.

Program Guidelines refers to the guidelines for the Program.

Purpose refers to the purpose of Venue improvement as outlined in the Application Form and as approved by the Government Party.

Venue means the venue that meets the Eligibility Criteria as set out in the Program Guidelines.

The Grant is provided subject to the Applicant being approved by the Government Party to receive the Grant, and the Applicant complying with the Grant Agreement, which includes the following terms and conditions:

1. The Applicant must provide a valid tax invoice for the Grant and the Government Party will pay the Grant (Plus GST where applicable) to the Applicant.
2. The Applicant must only use the Grant for the Purpose and only on Eligible Expenditure during the Funding Period.
3. The Applicant must provide an acquittal of the Grant in the form provided by the Government Party within one (1) month after the Funding Period End Date.
4. The Applicant agrees to provide any and all information as requested by the Government Party for the Government Party to be satisfied that the Applicant is using the Grant for the Purpose.
5. At the end of the Funding Period, the Applicant must repay any unexpended Grant monies to the Government Party unless a specific approval has been granted by the Government Party for the Applicant to retain those monies.
   
6. If the Applicant fails to comply with this Grant Agreement at any time, the Government Party may:
   1. require the Applicant to repay either the whole or a portion of the Grant (whether expended or not) within 14 days of a written demand from the Government Party;
   2. withhold funds not already paid;
   3. withhold future grants from the Applicant; and/or
   4. terminate this Grant Agreement.

Declaration/ Consents

1. I declare that I have authority to complete this Application Form and to make the declarations, consents and acknowledgements below on behalf of the Applicant, and further acknowledge that by including my name in this Application Form, I am deemed to have signed this Application Form as an authorised representative of the Applicant.
2. I declare that the Applicant meets all the Eligibility Criteria as set out in the Program Guidelines.
3. I declare and confirm that the Venue has not received or been approved to receive other grant funding for the same purpose as set out in the Application Form.
4. I declare that I have read and agree to the Terms and Conditions included in this Application Form and which subject to confirmation of eligibility and approval by the Government Party, will form the Grant Agreement (as referred to in the Terms and Conditions).
5. I declare that I have read and understood the Program Guidelines and the instructions set out in this Application Form (including but not limited to the provisions relating to Confidential Information, Disclosure of Information and Privacy outlined in the Program Guidelines).
6. I agree and consent to the Department for Industry, Innovation and Science/Music Development Office using the personal information in this Application Form in accordance with the Program Guidelines, including but not limited to for the purpose of managing the grant assessment and approval process, including the collation of statistics.
7. I acknowledge and agree to the Applicant’s name (business name), project title (including details of the venue improvements made) and awarded amount being presented in media releases and published on the Music Development Office website, if my application is successful.
8. If my application is successful, I agree to comply with the Music Development Office’s requirement to adopt and implement a Respectful Behaviours policy and procedure.
9. I declare that the Applicant will comply with Government COVID-19 directions and restrictions (if any) that may apply from time to time (Directions) during the Funding Period and will take necessary measures to ensure the Event activity is not in breach of the Applicant’s legal obligations including the Directions. I understand that I may be required to report to the Department for Industry, Innovation and Science on compliance with the relevant Directions during the Funding Period. This may include the provision of an approved COVID Safe Management Plan, if required for the event. I understand that failure to comply will result in the grant being withdrawn or terminated immediately.
10. I declare that the information contained in this Application Form together with any statement attached and all other information provided in relation to this Application Form is, to the best of my knowledge, true, accurate and complete. I also understand that giving of false or misleading information is a serious offence under the Criminal Law Consolidation Act 1935 (SA).
11. I understand that I may be requested to provide further clarification or documentation to verify the information supplied in this Application Form (and/or associated documents) and that during the application process, the Music Development Office/Department for Industry, Innovation and Science may consult with other government agencies or engage external advisors about the information provided in the Application Form (and associated documents).
12. I acknowledge that if the Government is satisfied that any information provided in this Application Form (or in any associated documents) is incorrect, incomplete, false or misleading, the Government may, at its absolute discretion, take appropriate action which may include, but is not limited to, excluding my Application Form from consideration; withdrawing a funding offer and/or terminating any grant agreement including recovering funds already paid.
13. I declare that the Applicant will comply with, and require that its employees and contractors comply with, all applicable laws and Government policies.
14. I understand that the assessment of this Application Form and any decision to approve any funding is at the absolute discretion of the South Australian Government.

Terms and Conditions for Not-For-Profit Organisations

In these terms and conditions, the following definitions apply:

Government Party refers to the Minister for Arts.

Applicant refers to the applicant applying for the Grant on behalf of the Venue.

Eligibility Criteria means the eligibility criteria for the Program as set out in the Program Guidelines.

Eligible Expenditure means the eligible expenditure as set out in the Program Guidelines which must be incurred by the Applicant for the Purpose during the Funding Period, and excludes any ineligible expenditure as referred to in the Program Guidelines.

Funding Period means the date from which the Application Form is approved by the Government Party until the Funding Period End Date.

Funding Period End Date refers to 31 December 2023.

Grant refers to the grant amount approved by the Government Party to be provided to the Applicant for the Purpose.

Grant Agreement refers to these terms and conditions and the Application Form completed by the Applicant for the Program (Application Form).

“Plus GST” means plus any GST to the extent that there is a Taxable Supply under the Grant Agreement.

Program means the Venue Improvement Grants program.

Program Guidelines refers to the guidelines for the Program.

Purpose refers to the purpose of Venue improvement as outlined in the Application Form and as approved by the Government Party.

Venue means the venue that meets the Eligibility Criteria as set out in the Program Guidelines.

The Grant is provided subject to the Applicant being approved by the Government Party to receive the Grant, and the Applicant complying with the Grant Agreement, which includes the following terms and conditions:

1. The Applicant must provide a valid tax invoice for the Grant and the Government Party will pay the Grant (Plus GST where applicable) to the Applicant.
2. The Applicant must only use the Grant for the Purpose and only on Eligible Expenditure during the Funding Period.
3. The Applicant must provide an acquittal of the Grant in the form provided by the Government Party within one (1) month after the Funding Period End Date.
4. The Applicant agrees to provide any and all information as requested by the Government Party for the Government Party to be satisfied that the Applicant is using the Grant for the Purpose.
5. At the end of the Funding Period, the Applicant must repay any unexpended Grant monies to the Government Party unless a specific approval has been granted by the Government Party for the Applicant to retain those monies.

Declaration/ Consents

1. I declare that I have authority to complete this Application Form and to make the declarations, consents and acknowledgements below on behalf of the Applicant, and further acknowledge that by including my name in this Application Form, I am deemed to have signed this Application Form as an authorised representative of the Applicant.
2. I declare that the Applicant meets all the Eligibility Criteria as set out in the Program Guidelines.
3. I declare and confirm that the Venue has not received or been approved to receive other grant funding for the same purpose as set out in the Application Form.
4. I declare that I have read and agree to the Terms and Conditions included in this Application Form and which subject to confirmation of eligibility and approval by the Government Party, will form the Grant Agreement (as referred to in the Terms and Conditions).
5. I declare that I have read and understood the Program Guidelines and the instructions set out in this Application Form (including but not limited to the provisions relating to Confidential Information, Disclosure of Information and Privacy outlined in the Program Guidelines).
6. I agree and consent to the Department for Industry, Innovation and Science/Music Development Office using the personal information in this Application Form in accordance with the Program Guidelines, including but not limited to for the purpose of managing the grant assessment and approval process, including the collation of statistics.
7. I acknowledge and agree to the Applicant’s name (business name), project title (including details of the venue improvements made) and awarded amount being presented in media releases and published on the Music Development Office website, if my application is successful.
8. If my application is successful, I agree to comply with the Music Development Office’s requirement to adopt and implement a Respectful Behaviours policy and procedure.
9. I declare that the Applicant will comply with Government COVID-19 directions and restrictions (if any) that may apply from time to time (Directions) during the Funding Period and will take necessary measures to ensure the Event activity is not in breach of the Applicant’s legal obligations including the Directions. I understand that I may be required to report to the Department for Industry, Innovation and Science on compliance with the relevant Directions during the Funding Period. This may include the provision of an approved COVID Safe Management Plan, if required for the event. I understand that failure to comply will result in the grant being withdrawn or terminated immediately.
10. I declare that the information contained in this Application Form together with any statement attached and all other information provided in relation to this Application Form is, to the best of my knowledge, true, accurate and complete. I also understand that giving of false or misleading information is a serious offence under the Criminal Law Consolidation Act 1935 (SA).
11. I understand that I may be requested to provide further clarification or documentation to verify the information supplied in this Application Form (and/or associated documents) and that during the application process, the Music Development Office/Department for Industry, Innovation and Science may consult with other government agencies or engage external advisors about the information provided in the Application Form (and associated documents).
12. I acknowledge that if the Government is satisfied that any information provided in this Application Form (or in any associated documents) is incorrect, incomplete, false or misleading, the Government may, at its absolute discretion, take appropriate action which may include, but is not limited to, excluding my Application Form from consideration; withdrawing a funding offer and/or terminating any grant agreement including recovering funds already paid.
13. I declare that the Applicant will comply with, and require that its employees and contractors comply with, all applicable laws and Government policies.
14. I understand that the assessment of this Application Form and any decision to approve any funding is at the absolute discretion of the South Australian Government.