Web Presence Assistance Terms & Conditions
By submitting your application, you agree to the following Terms and Conditions if the Company is approved to receive a Grant. These Terms and Conditions, the Application, and the Web Presence Assistance Guidelines constitute the entire agreement between the parties.
The Grant will be subject to the Company either:
(a) hiring the web developer identified on the application form to design and launch a website, as indicated on the Quote. The web developer must be registered to conduct business in PEI.
OR
(b) creating and launching a professional and functional website, as described in its application.
The Grant will be calculated at the rate of 50 percent of Eligible Project Costs, to a maximum Grant amount identified by Innovation PEI within the Grant approval notification.
Payment will be based on actual Eligible Project Costs as evidenced at the time of your request for payment, but in no event shall it exceed the maximum Grant amount.
1.0 DEFINITIONS
“Company” means the company identified in the application form.
“Grant” means the financial assistance approved by Innovation PEI for Web Presence Assistance.
“Project” means the specified website design and launch related activities, work or undertaking described in the Company’s application (the “Application”).
“Quote” means a document provided by the web developer detailing work to be completed and the agreed fixed price.
“Eligible Project Costs” means those reasonable and proper costs of the Project which have been accepted by Innovation PEI in accordance with generally accepted accounting principles excluding the following items:
(i) HST or any other federal or provincial tax which may be eligible to be fully or partially refunded.
“Request for Payment” means a copy of each supplier invoice and proof of payment for each invoice for the Eligible Project Costs, the Company’s new website address resulting from the Project, and a reference to the Project Authorization number included in the Grant approval notification.
2.0 PAYMENT
The Grant will be disbursed once the Company has a fully functioning website and submits a complete Request for Payment to Innovation PEI’s representative identified in the Grant approval notification.
3.0 ADDITIONAL CONDITIONS
In addition to the foregoing, the Company agrees to the following conditions:
(a) To commence work on the Project on or after the date the Company submits the application to Innovation PEI; Innovation PEI may decline to contribute to any costs incurred prior to this date.
(b) To complete the Project and submit a Request for Payment not later than eight months from the date the Company receives a Grant approval notification from Innovation PEI.
(c) If the Request for Payment is not received by Innovation PEI within eight months from the date the Company receives a Grant approval notification from Innovation PEI, the Company will be deemed to have declined the Grant and will have no future claim to payment of the Grant.
(d) Release of information relating to the funding of this Project may be made under the terms and conditions of this agreement. No announcements may be made by the Company without written approval of Innovation PEI.
(e) No member of the Legislative Assembly shall be admitted to any part or share of this agreement, or to any benefits to arise there from.
(f) Where a web development firm is used for the Project, the firm must be registered to do business in PEI.
(g) Should the Company fail to abide by any of the conditions under this agreement, Innovation PEI may require that the Grant be repaid on demand and any unpaid amounts may be revoked.
(h) If a Business is approved for a Grant and subsequently defaults on a financial obligation to any Department or Agency of the Province of Prince Edward Island, payment of the Grant will be issued:
- Firstly, to the Department or Agency of the Province of Prince Edward Island any amount that is owing as a result of the defaulted financial obligation; and
- Secondly, to the Business.
4.0 OTHER ASSISTANCE
The combined project funding from all non-repayable government sources cannot exceed 75% of eligible costs.
5.0 JURISDICTION
This agreement shall be governed by and construed according to the laws of the Province of Prince Edward Island, and the federal laws of Canada applicable therein, and no action or proceeding shall be brought to construe or enforce this Agreement except in those courts having jurisdiction in the Province of Prince Edward Island.
6.0 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
Information contained in and collected in relation to this Agreement is subject to, and will be treated in accordance with, the Prince Edward Island Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01 (the “FOIPP Act”). Any information provided in respect of this Agreement may be subject to release under the FOIPP Act. The amount of the Contribution may be disclosed at the discretion of Innovation PEI and in accordance with the FOIPP Act.