Common use of Funding and Payment Clause in Contracts

Funding and Payment. 13.1. In consideration of the Services to be provided by the Contractor, the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract and provided that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any review of the quality of the Services. 13.2. The Maximum Value of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reason. The ESFA will not be liable to make any payment in excess of the Maximum Value of each Learning Programme unless this has been agreed and evidenced by a variation in writing. 13.3. Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Programme. 13.4. The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 as detailed in Appendix 1. Appendix 1 confirms the maximum value available up to the financial year ending 31 March 2021. Where the delivery within this financial year fails to meet the minimum levels of performance or where the delivery in this period would result in the overall maximum value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Contract accordingly. 13.5. The Contractor shall comply with the Funding Rules published by the ESFA as amended from time to time. 13.6. The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Programme without the need to give a reason. 13.7. Payment by the ESFA will be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contract. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.8. Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause is final. 13.9. Where the ESFA, in accordance with clause 13.8, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 (Entire Contract/Amendments). 13.11. All payments by the ESFA will be made via BACS. 13.12. The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 2 contracts

Samples: Contract for Services, Contract for Services

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Funding and Payment. 13.114.1. In Subject to Clause 14.2 and in consideration of the Contractor delivering the Services to be provided by the Contractorin accordance with Clause 4 (Service Delivery), the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) and such payments are to be made in accordance with the Funding Rules, on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract Contract. The Apprenticeships funding detailed in Appendix 1 must only be used to deliver apprenticeships and provided must not be used to fund new apprenticeship starts. 14.2. Payment will not be made in accordance with Clause 14.1 where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.214.3. The In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reasonthe ESFA it does so at its own risk. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed and evidenced specifically authorised by a variation the ESFA in writingaccordance with Clause 14.4, 14.6 or otherwise. 13.314.4. The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 14.5. Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value Maximum Contract Value for that Learning Programme. 13.414.6. The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 2021. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.514.7. In delivering the Services to Learners starting on a Learning Programme on or after 1 May 2017 the ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease funding for any new Learners recruited on a Learning Programme from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Learners recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.614.8. The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Programme Maximum Contract Value without the need to give a reason. 13.714.9. Payment by the ESFA will be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contract. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.814.10. Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 24 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause clause is final. 13.914.11. Where the ESFA, in accordance with clause 13.8Clause 14.10, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.1014.12. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 Clause 42 (Entire Contract/Amendments). 13.1114.13. All payments by the ESFA will be made via BACS. 13.1214.14. The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.1314.15. Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Contract for Services

Funding and Payment. 13.1. In consideration of the Services to be provided by the Contractor, the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract and provided that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any review of the quality of the Services. 13.2. The Maximum Value of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reason. The ESFA will not be liable to make any payment in excess of the Maximum Value of each Learning Programme unless this has been agreed and evidenced by a variation in writing. 13.3. Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Programme. 13.4. The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 2020 as detailed in Appendix 1. Appendix 1 confirms the maximum value available up to the financial year ending 31 March 20212020. Where the delivery within this financial year fails to meet the minimum levels of performance or where the delivery in this period would result in the overall maximum value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Contract accordingly. 13.5. The Contractor shall comply with the Funding Rules published by the ESFA as amended from time to time. 13.6. The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Programme without the need to give a reason. 13.7. Payment by the ESFA will shall be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will shall not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contracthereunder. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.8. Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause is final. 13.9. Where the ESFA, in accordance with clause 13.8, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding finding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 (Entire Contract/Amendments). 13.11. All payments by the ESFA will be made via BACS. 13.12. The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Contract for Services

Funding and Payment. 13.1. 14.1 In consideration of the Services to be provided by the Contractor, the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract and provided the Funding Rules. 14.2 Payment will not be made in accordance with Clause 14.1 where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.214.3 In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of the ESFA it does so at its own risk. The Maximum Value of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reason. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed specifically authorised by the ESFA in accordance with Clauses 14.4, 14.6 or otherwise. The 16-18 Non-Levy Apprenticeships funding and evidenced by a variation Adult Non-Levy Apprenticeships funding detailed in writingAppendix 1 must only be used to fund Apprenticeships and must not be used for new starts. 13.314.4 The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 14.5 Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Apprenticeship Programme. 13.4. 14.6 The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 2021. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.514.7 In delivering the Services to Apprentices starting onto an Apprenticeship on or after 1 May 2017 the ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease Funding for any new Apprentices recruited on an Apprenticeship from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Apprentices recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.6. 14.8 The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Apprenticeship Programme without the need to give a reason. 13.7. 14.9 Payment by the ESFA will be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contract. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.8. 14.10 Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 23 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause clause is final. 13.9. 14.11 Where the ESFA, in accordance with clause 13.8Clause 14.10, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. 14.12 The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause Clause 40 (Entire Contract/Amendments). 13.11. 14.13 All payments by the ESFA will be made via BACS. 13.12. 14.14 The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. 14.15 Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Hei Adult Contract for Services

Funding and Payment. 13.1. In Subject to clause 13.2 and in consideration of the Contractor delivering the Services to be provided by the Contractorin accordance with clause 4, the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) and such payments are to be made in accordance with the Funding Rules, on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract Contract. The Apprenticeships funding detailed in Appendix 1 must only be used to deliver apprenticeships and provided must not be used to fund new apprenticeship starts. 13.2. Payment will not be made in accordance with clause 13.1 where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.213.3. The In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reasonthe ESFA it does so at its own risk. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed and evidenced specifically authorised by a variation the Agency in writingaccordance with clause 13.4, 13.5 or otherwise. 13.313.4. The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 13.5. Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value Maximum Contract Value for that Learning Programme. 13.413.6. The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212019. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.513.7. In delivering the Services to Learners starting on a Learning Programme on or after 1 May 2017 the ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease funding for any new Learners recruited on a Learning Programme from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Learners recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.613.8. The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Programme Maximum Contract Value without the need to give a reason. 13.713.9. Payment by the ESFA will shall be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will shall not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contracthereunder. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.813.10. Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 (Breach) 23 of the Contract. The decision of the ESFA as to the amount of recovery under this Clause is final. 13.9. Where the ESFA, in accordance with clause 13.8, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 (Entire Contract/Amendments). 13.11. All payments by the ESFA will be made via BACS. 13.12. The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Contract for Services

Funding and Payment. 13.1. In Subject to clause 13.2 and in consideration of the Contractor delivering the Services to be provided by the Contractorin accordance with clause 4, the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) and such payments are to be made in accordance with the Funding Rules, on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract and provided Contract. 13.2. Payment will not be made in accordance with clause 13.1 where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.213.3. The In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reasonthe ESFA it does so at its own risk. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed and evidenced specifically authorised by a variation the Agency in writingaccordance with clause 13.4, 13.5 or otherwise. 13.313.4. The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 13.5. Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value Maximum Contract Value for that Learning Programme. 13.413.6. The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212018. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.513.7. In delivering the Services to Learners starting on a Learning Programme on or after 1 May 2017 the ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease funding for any new Learners recruited on a Learning Programme from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Learners recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.613.8. The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Programme Maximum Contract Value without the need to give a reason. 13.713.9. Payment by the ESFA will shall be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will shall not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contracthereunder. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.813.10. Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 (Breach) 21 of the Contract. The decision of the ESFA as to the amount of recovery under this Clause is final. 13.9. Where the ESFA, in accordance with clause 13.8, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 (Entire Contract/Amendments). 13.11. All payments by the ESFA will be made via BACS. 13.12. The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Funding Agreement

Funding and Payment. 13.114.1. In Subject to Clause 14.2 and in consideration of the Contractor delivering the Services to be provided by the Contractorin accordance with Clause 4 (Service Delivery), the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) and such payments are to be made in accordance with the Funding Rules, on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract Contract. The Apprenticeships funding detailed in Appendix 1 must only be used to deliver apprenticeships and provided must not be used to fund new apprenticeship starts. 14.2. Payment will not be made in accordance with Clause 14.1 where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.214.3. The In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reasonthe ESFA it does so at its own risk. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed and evidenced specifically authorised by a variation the ESFA in writingaccordance with Clause 14.4, 14.6 or otherwise. 13.314.4. The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 14.5. Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value Maximum Contract Value for that Learning Programme. 13.414.6. The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212020. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.514.7. In delivering the Services to Learners starting on a Learning Programme on or after 1 May 2017 the ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease funding for any new Learners recruited on a Learning Programme from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Learners recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.614.8. The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Programme Maximum Contract Value without the need to give a reason. 13.714.9. Payment by the ESFA will shall be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will shall not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contracthereunder. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.814.10. Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 24 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause clause is final. 13.914.11. Where the ESFA, in accordance with clause 13.8Clause 14.10, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding finding audit results in a “qualified” rating this will constitute a Minor Breach. 13.1014.12. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 Clause 42 (Entire Contract/Amendments). 13.1114.13. All payments by the ESFA will be made via BACS. 13.1214.14. The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.1314.15. Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Contract for Services

Funding and Payment. 13.1. 14.1 In consideration of the Services to be provided by the Contractor, the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract and provided the Funding Rules. 14.2 Payment will not be made in accordance with Clause 14.1 where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.214.3 In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of the ESFA it does so at its own risk. The Maximum Value of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reason. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed specifically authorised by the ESFA in accordance with Clauses 14.4, 14.6 or otherwise. The 16-18 Non-Levy Apprenticeships funding and evidenced by a variation Adult Non-Levy Apprenticeships funding detailed in writingAppendix 1 must only be used to fund Apprenticeships and must not be used for new starts. 13.314.4 The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 14.5 Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Apprenticeship Programme. 13.4. 14.6 The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212022. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.514.7 In delivering the Services to Apprentices starting onto an Apprenticeship on or after 1 May 2017 the ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease Funding for any new Apprentices recruited on an Apprenticeship from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Apprentices recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.6. 14.8 The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Apprenticeship Programme without the need to give a reason. 13.7. 14.9 Payment by the ESFA will be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contract. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.8. 14.10 Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, carry out 100% audit of all or part of the Services and/or require the Contractor to recover repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the ESFA reserves the right to calculate an error rate based on the said sample and claim repayment from the Contractor of an extrapolated amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 23 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause clause is final. 13.9. 14.11 Where the ESFA, in accordance with clause 13.8Clause 14.10, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. 14.12 The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause Clause 40 (Entire Contract/Amendments). 13.11. 14.13 All payments by the ESFA will be made via BACS. 13.12. 14.14 The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. 14.15 Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Hei Adult Contract for Services

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Funding and Payment. 13.1. 14.1 In consideration of the Services to be provided by the Contractor, the ESFA Department agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract and provided the Funding Rules. 14.2 Payment will not be made in accordance with Clause 14.1 where the Department has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the Department. 13.214.3 In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of the Department it does so at its own risk. The Maximum Value of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reason. The ESFA will not be liable There is no obligation on the Department to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed specifically authorised by the Department in accordance with Clauses 14.4, 14.6 or otherwise. The 16-18 Non-Levy Apprenticeships funding and evidenced by a variation Adult Non-Levy Apprenticeships funding detailed in writingAppendix 1 must only be used to fund Apprenticeships and must not be used for new starts. 13.314.4 The Maximum Contract Value may be varied by the Department in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the Department and Appendix 1 shall be updated accordingly to reflect the variation. 14.5 Where the ESFA Department identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Apprenticeship Programme. 13.4. 14.6 The ESFA Department will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212023. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA Department reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.514.7 In delivering the Services to Apprentices starting onto an Apprenticeship on or after 1 May 2017 the Department reserves the right to give at least 8 weeks’ notice in writing of its intention to cease Funding for any new Apprentices recruited on an Apprenticeship from the date specified in the notice. The Contractor shall comply with Department will not be liable to make payments in respect of any Apprentices recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.6. 14.8 The ESFA Department reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Apprenticeship Programme without the need to give a reason. 13.7. 14.9 Payment by the ESFA Department will be without prejudice to any claims or rights, which the ESFA Department may have against the Contractor and will not constitute any admission by the ESFA Department as to the performance by the Contractor of its obligations under the Contract. Prior to any such payment, the ESFA Department shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFADepartment. 13.8. 14.10 Where the ESFA Department carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA Department and identifies errors in that evidence which it deems are material, the ESFA Department reserves the right at its absolute discretion to require the Contractor to, or the ESFA Department may (itself or via a third party) at the Contractor’s cost, carry out 100% audit of all or part of the Services and/or require the Contractor to recover repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the Department reserves the right to calculate an error rate based on the said sample and claim repayment from the Contractor of an extrapolated amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 (Breach) breach of the Contractcontract. The decision of the ESFA Department as to the amount of recovery under this Clause clause is final. 13.9. 14.11 Where the ESFADepartment, in accordance with clause 13.8Clause 14.10, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA Department will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of contract. 13.10. 14.12 The ESFA Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause Clause 40 (Entire Contract/Amendments). 13.11. 14.13 All payments by the ESFA Department will be made via BACS. 13.12. 14.14 The ESFA Department is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. 14.15 Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA Department and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Hei Adult Contract for Services

Funding and Payment. 13.1. 13.1 In consideration of the Services to be provided by the Contractor, the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract and provided the Funding Rules. 13.2 Payment will not be made in accordance with clause 13.1 where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.213.3 In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of the ESFA it does so at its own risk. The Maximum Value of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reason. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed specifically authorised by the ESFA in accordance with clause 13.4, 13.5 or otherwise. The 16-18 Non-Levy Apprenticeships funding and evidenced by a variation Adult Non-Levy Apprenticeships funding detailed in writingAppendix 1 must only be used to fund Apprenticeships and must not be used for new starts. 13.313.4 The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 13.5 Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Apprenticeship Programme. 13.4. 13.6 The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212019. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.513.7 In delivering the Services to Apprentices starting onto an Apprenticeship on or after 1 May 2017 the ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease Funding for any new Apprentices recruited on an Apprenticeship from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Apprentices recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.6. 13.8 The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Apprenticeship Programme without the need to give a reason. 13.7. 13.9 Payment by the ESFA will shall be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will shall not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contracthereunder. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.8. 13.10 Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, to carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause is final. 13.9. Where the ESFA, in accordance with clause 13.8, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 (Entire Contract/Amendments). 13.11. 13.11 All payments by the ESFA will be made via BACS. 13.12. 13.12 The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. 13.13 Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Hei Adult Contract for Services

Funding and Payment. 13.1. 13.1 In consideration of the Services to be provided by the ContractorTHE CONTRACTOR, the THE ESFA agrees to pay the Contractor THE CONTRACTOR the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) on condition that the Contractor THE CONTRACTOR delivers the Services in accordance with the terms and conditions of the Contract and provided and 13.2 Payment will not be made in accordance with clause Error! Reference source not found. where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.213.3 In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of the ESFA it does so at its own risk. The Maximum Value of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reason. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed specifically authorised by the Agency in accordance with clause 0, Error! Reference source not found. or otherwise. The 16-18 Non-Levy Apprenticeships funding and evidenced by a variation Adult Non-Levy Apprenticeships funding detailed in writingAppendix 1 must only be used to fund new Apprenticeship starts from 1 May 2017 to non-levy paying employers. 13.313.4 The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 13.5 Where the THE ESFA identifies that the Contractor THE CONTRACTOR is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Apprenticeship Programme. 13.4. The 13.6 THE ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212018. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the THE ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.513.7 In delivering the Services to Apprentices starting onto an Apprenticeship on or after 1 May 2017 THE ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease Funding for any new Apprentices recruited on an Apprenticeship from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Apprentices recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.6. The 13.8 THE ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Apprenticeship Programme without the need to give a reason. 13.7. 13.9 Payment by the THE ESFA will shall be without prejudice to any claims or rights, which the THE ESFA may have against the Contractor THE CONTRACTOR and will shall not constitute any admission by the THE ESFA as to the performance by the Contractor THE CONTRACTOR of its obligations under the Contracthereunder. Prior to any such payment, the THE ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorTHE CONTRACTOR, arising from this Contract or any other Contract between the Contractor THE CONTRACTOR and the THE ESFA. 13.8. 13.10 Where the THE ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor THE CONTRACTOR is required to provide under the Contract to support the payments made by the THE ESFA and identifies errors in that evidence which it deems are material, the THE ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, THE CONTRACTOR to carry out 100% audit of all or part of the Services and/or to recover from the Contractor THE CONTRACTOR an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor THE CONTRACTOR under the Contract, or by raising an invoice for payment by the ContractorTHE CONTRACTOR, or making deductions from future payments due to the Contractor THE CONTRACTOR under the Contract. Failure to settle such amounts by the Contractor THE CONTRACTOR will constitute a Serious Breach under Clause 22 (Breach) 20 of the Contract. The decision of the THE ESFA as to the amount of recovery under this Clause is final. 13.9. Where the ESFA, in accordance with clause 13.8, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 (Entire Contract/Amendments). 13.11. 13.11 All payments by the THE ESFA will be made via BACS. 13.12. The 13.12 THE ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. 13.13 Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994Xxx 0000, the supply of education or vocational training funded by the THE ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Funding Agreement

Funding and Payment. 13.1. 14.1 In consideration of the Services to be provided by the Contractor, the ESFA Department agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract and provided the Funding Rules. 14.2 Payment will not be made in accordance with Clause 14.1 where the Department has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the Department. 13.214.3 In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of the Department it does so at its own risk. The Maximum Value of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reason. The ESFA will not be liable There is no obligation on the Department to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed specifically authorised by the Department in accordance with Clauses 14.4, 14.6 or otherwise. The 16-18 Non-Levy Apprenticeships funding and evidenced by a variation Adult Non-Levy Apprenticeships funding detailed in writingAppendix 1 must only be used to fund Apprenticeships and must not be used for new starts. 13.314.4 The Maximum Contract Value may be varied by the Department in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the Department and Appendix 1 shall be updated accordingly to reflect the variation. 14.5 Where the ESFA Department identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Apprenticeship Programme. 13.4. 14.6 The ESFA Department will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212024. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA Department reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.514.7 In delivering the Services to Apprentices starting onto an Apprenticeship on or after 1 May 2017 the Department reserves the right to give at least 8 weeks’ notice in writing of its intention to cease Funding for any new Apprentices recruited on an Apprenticeship from the date specified in the notice. The Contractor shall comply with Department will not be liable to make payments in respect of any Apprentices recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.6. 14.8 The ESFA Department reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Apprenticeship Programme without the need to give a reason. 13.7. 14.9 Payment by the ESFA Department will be without prejudice to any claims or rights, which the ESFA Department may have against the Contractor and will not constitute any admission by the ESFA Department as to the performance by the Contractor of its obligations under the Contract. Prior to any such payment, the ESFA Department shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFADepartment. 13.8. 14.10 Where the ESFA Department carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA Department and identifies errors in that evidence which it deems are material, the ESFA Department reserves the right at its absolute discretion to require the Contractor to, or the ESFA Department may (itself or via a third party) at the Contractor’s cost, carry out 100% audit of all or part of the Services and/or to recover from require the Contractor an to repay Funding equivalent to the full amount based on the error rate identified and the total value of the ContractFunding that has been wrongly claimed or paid. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause is final.If only a 13.9. 14.11 Where the ESFADepartment, in accordance with clause 13.8Clause 14.10, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA Department will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of contract. 13.10. 14.12 The ESFA Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause Clause 40 (Entire Contract/Amendments). 13.11. 14.13 All payments by the ESFA Department will be made via BACS. 13.12. 14.14 The ESFA Department is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. 14.15 Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA Department and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Hei Adult Contract for Services

Funding and Payment. 13.114.1. In Subject to Clause 14.2 and in consideration of the Contractor delivering the Services to be provided by the Contractorin accordance with Clause 4 (Service Delivery), the ESFA agrees to pay the Contractor the amounts set out in Appendix 1 of this (“the Maximum Contract Value”) and such payments are to be made in accordance with the Funding Rules, on condition that the Contractor delivers the Services in accordance with the terms and conditions of the Contract Contract. The Apprenticeships funding detailed in Appendix 1 must only be used to deliver apprenticeships and provided must not be used to fund new apprenticeship starts. 14.2. Payment will not be made in accordance with Clause 14.1 where the ESFA has reasonably concluded that the Contractor is not assessed as being at serious risk of failure to deliver the Services under this Contract by the ESFA following any a review of the quality of the ServicesServices by the ESFA. 13.214.3. The In the event that the Contractor exceeds its Maximum Contract Value without the prior express authorisation of each Learning Programme as shown in Appendix 1 of this Contract may not be exceeded for any reasonthe ESFA it does so at its own risk. The There is no obligation on the ESFA will not be liable to make any payment in excess of the Maximum Contract Value of each Learning Programme unless this has been agreed and evidenced specifically authorised by a variation the ESFA in writingaccordance with Clause 14.4, 14.6 or otherwise. 13.314.4. The Maximum Contract Value may be varied by the ESFA in accordance with the Funding Rules. Any such variation may result in a reduction or an increase in the Maximum Contract Value, in accordance with the Funding Rules. Any such variation will take effect only when notified by the ESFA and Appendix 1 shall be updated accordingly to reflect the variation. 14.5. Where the ESFA identifies that the Contractor is failing to deliver the value of learning of this Contract it reserves the right in its absolute discretion to reduce the overall maximum value Maximum Contract Value for that Learning Programme. 13.414.6. The ESFA will restrict delivery of this Contract against the funding available up to the 31 July 2021 Maximum Contract Value as detailed in Appendix 11 up to the Expiry Date. Appendix 1 confirms the maximum value Maximum Contract Value available up to the financial year ending 31 March 20212022. Where the delivery of the Services within this financial year fails to meet the minimum levels of performance over that period or where the delivery in this period would result in the overall maximum value Maximum Contract Value being exceeded, the ESFA reserves the right at its absolute discretion to vary the Maximum Contract Value accordingly. 13.514.7. In delivering the Services to Learners starting on a Learning Programme on or after 1 May 2017 the ESFA reserves the right to give at least 8 weeks’ notice in writing of its intention to cease funding for any new Learners recruited on a Learning Programme from the date specified in the notice. The Contractor shall comply with ESFA will not be liable to make payments in respect of any Learners recruited after the Funding Rules published by date specified in the ESFA as amended from time to timenotice. 13.614.8. The ESFA reserves the right to give three months’ notice to reduce the overall maximum value for any Learning Programme Maximum Contract Value without the need to give a reason. 13.714.9. Payment by the ESFA will be without prejudice to any claims or rights, which the ESFA may have against the Contractor and will not constitute any admission by the ESFA as to the performance by the Contractor of its obligations under the Contract. Prior to any such payment, the ESFA shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other Contract between the Contractor and the ESFA. 13.8. Where the ESFA carries out a review, investigation or audit of a sample of the evidence which the Contractor is required to provide under the Contract to support the payments made by the ESFA and identifies errors in that evidence which it deems are material, the ESFA reserves the right at its absolute discretion to require the Contractor to, or the ESFA may (itself or via a third party) at the Contractor’s cost, carry out 100% audit of all or part of the Services and/or to recover from the Contractor an amount based on the error rate identified and the total value of the Contract. Such amounts may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 22 (Breach) of the Contract. The decision of the ESFA as to the amount of recovery under this Clause is final. 13.9. Where the ESFA, in accordance with clause 13.8, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the ESFA will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 13.10. The ESFA may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to clause 40 (Entire Contract/Amendments). 13.11. All payments by the ESFA will be made via BACS. 13.12. The ESFA is generally unable to recover any Value Added Tax charged. The maximum sum payable under this Contract, as set out in Appendix 1 includes the cost of the service and any other VAT or taxes to be charged, where they apply. 13.13. Under the provision of Item 5A to Group 6 of Schedule 9 of the VAT Act 1994, the supply of education or vocational training funded by the ESFA and the supply by the person providing that education or vocational training, of any goods or services essential to that provision, is considered to be an exempt supply for VAT purposes.

Appears in 1 contract

Samples: Contract for Services

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