By referring a participant to the Non-trivial Fellowship, you agree to be bound by these terms and conditions. Please read them carefully.
The following definitions and rules of interpretation apply to these Terms.
"Business Day" a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
“Data Protection Legislation” all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data.
"Fee" has the meaning given to it in clause 4.1.
"Introduction" the receipt of a fellowship application from an Applicant via a Referrer’s unique referral link or a reference within an Applicant’s application to a Referrer as having referred them to the Fellowship. Introduce, Introduces, and Introduced shall be interpreted accordingly.
"Mandatory Polices" the Charity’s mandatory policies and procedures listed in the Schedule, as amended by notification to the Referrer from time to time.
1.1. Any reference to this Agreement includes the Schedule.
1.2. A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that legislation or legislative provision.
1.3. A reference to writing or written includes e-mail.
2.1. A Referrer shall Introduce Applicants to the Fellowship in good faith and in compliance with these Terms. The Referrer is not authorised to bind the Charity in any way.
2.2. The Referrer shall not assist an Applicant with their fellowship application although a Referrer can share their application with an Applicant (provided no further support is given).
2.3. Where an Applicant is Introduced by a Referrer, and the Applicant then introduces a third party who is awarded a Fellowship, the Referrer shall not, by virtue of an initial Introduction, be deemed to have Introduced the third party to the Fellowship.
3.1. Applicants shall apply to the Fellowship in good faith and in compliance with these Terms.
3.2. The Applicant is not authorised to bind the Charity in any way.
4.1. The Referrer shall be entitled to a fee of 250 US Dollars (“Fee”) for each successful Applicant Introduced by the Referrer who is awarded, accepts and completes a Fellowship, up to a maximum of 10 successful Applicants per fellowship cohort. This means the maximum Fee any Referrer can receive is 2500 US Dollars.
4.2. For the Referral Fee to become payable, both the Referrer and their referred Applicant must be accepted into the Fellowship.
4.3. The Applicant shall be entitled to an Applicant Fee of $250 if they were Introduced by the Referrer and subsequently are awarded, accept, and complete the Non-Trivial Fellowship. This Applicant Fee is only payable once. This means the maximum Fee any Applicant can receive is 250 US Dollars.
4.4. Payment of the Fee shall only become due upon completion of the Non-Trivial Fellowship by both the Referrer and the referred Applicant. For the purposes of this clause, "completion" means the Referrer and referred Applicant must meet all requirements of the Non-Trivial Fellowship for the full duration of the program.
4.5. Where an Applicant has been Introduced by more than one Referrer, the Fee shall only be payable to the Referrer who first Introduces the relevant Applicant. In the event that an Applicant responds to the question in the application with the names of multiple Referrers, the Charity reserves the sole discretion to determine reasonable action to determine the Introducing party, for example by asking the Applicant.
4.6. Where a Referrer or Applicant is under the age of 16, parental or carer consent for the acceptance of the Terms (including the Fee) by the party under the age of 16 will be sought by the Charity.
4.7. The Charity shall promptly:
4.7.1. notify the Referrer via email of the number of successful Applicants Introduced by the Referrer who have accepted a Fellowship and the total Fee payable to the Referrer;
4.7.2. request for the Referrer’s (or their parent/guardian’s (if applicable)) bank account details as required to process the payment; and
4.7.3. request for the Applicant’s (or their parent/guardian’s (if applicable)) bank account details as required to process the payment.
4.8. Subject to:
4.8.1. Receipt of a Referrer’s parental / carer consent under clause 4.3 (if applicable); and
4.8.2. the Charity’s receipt of the Referrer’s (of their parent/guardian’s) bank account details,
all Fees payable pursuant to clause 4.3 shall be due to the Referrer within 30 days of the end of the month in which the Applicant and Referrer completes their Fellowship.
4.9. Subject to:
4.9.1. Receipt of an Applicant’s parental / carer consent under clause 4.3 (if applicable); and
4.9.2. the Charity’s receipt of the Applicant’s (of their parent/guardian’s) bank account details,
all Fees payable pursuant to clause 4.3 shall be due to the Applicant within 30 days of the end of the month in which the Applicant and Referred completes their Fellowship.
4.10. The Fee shall be payable to the Referrer and/or Applicant in US dollars or the Referrer’s/Applicant’s local currency where available. The Referrer and/or Applicant shall pay any associated foreign exchange fees required to convert US dollars to their local currency.
4.11. All sums payable under this Agreement:
4.11.1. are inclusive of value added tax or other applicable sales tax;
4.11.2. shall be paid in full without any deductions (including deductions in respect of items such as income, corporation, or other taxes, charges and/or duties) except where the payer is required by law to deduct withholding tax from sums payable to the payee.
4.11.3. The Referrer and/or Applicant (or their parents/guardians, if they are under the age of 16), shall be responsible for the payment of any taxes arising in connection with the receipt of the Fee.
5.1. The Charity shall not be responsible for any expenses incurred by the Referrer or Applicant.
5.2. The Charity shall be under no obligation to offer any Referrer or Applicant a Fellowship.
6.1. The Charity, the Referrer and the Applicant shall, at their own expense, comply with all laws and regulations relating to its activities under these Terms, as they may change from time to time.
6.2. The Referrer and the Applicant shall comply with the Mandatory Polices as the Charity may update them from time to time.
7.1. The Referrer and the Applicant shall comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption (Relevant Requirements), including but not limited to the Bribery Act 2010 (BA 2010);
7.2. Neither the Referrer nor the Applicant shall engage in any activity, practice or conduct outside the UK which would constitute an offence under sections 1, 2 or 6 of the BA 2010 if such activity, practice or conduct had been carried out inside the UK;
7.3. The Referrer and the Applicant shall comply with the Charity’s ethics and anti-bribery policies as the Charity may update from time to time;
7.4. The Referrer and the Applicant shall promptly report to the Charity any request or demand for any undue financial or other advantage of any kind received by the Referrer or the Applicant (as applicable) in connection with this Agreement.
8.1. Each party shall comply with all the obligations imposed on them under the Data Protection Legislation.
8.2. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation.
These Terms shall remain in force for the duration of the Referral Program, as decided by the Charity from time to time.
10.1. Without affecting any other right or remedy available to it, the Charity may terminate the Referral Program and these terms with immediate effect at any time
10.2. On termination of the Referral Program and/or these terms, the following clauses shall continue in force: clause 1 (Interpretation), clause 3 (Fee and Payment), clause 6 (Compliance) and clause 11 (General).
11.1. Force Majeure. No party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if that delay or failure result from events, circumstances or causes beyond its reasonable control.
11.2. Assignment and other dealings. Neither the Referrer nor the Applicant shall assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under these terms without the Charity’s prior written consent. The Charity may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under these Terms.
11.3. Entire agreement. These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
11.4. Variation. The Charity can vary these Terms at any time by providing notice to the Referrer.
11.5. Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
11.5.1. Waive that or any other right or remedy.
11.5.2. Prevent or restrict the further exercise of that or any other right or remedy.
11.6. Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
11.7.1. Any notice or other communication given to a party under or in connection with these Terms shall be in writing or email, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, or shall be delivered by email.
11.7.2. A notice or other communication sent by email shall be deemed to have been received one Business Day after transmission. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
11.8. Third party rights. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any clause of these Terms.
11.9. Governing law. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
11.10. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).