Terms & Conditions

Granthelper Pty Ltd

These Terms and Conditions apply to all services provided by GrantHelper Pty Ltd (GrantHelper) unless otherwise agreed in writing.

1. Definitions and Interpretation

Client means the entity engaging GrantHelper.

Engagement means the agreed scope of services as set out in the Letter of Engagement or other written agreement.

Services means grant advisory, application preparation, and related services provided by GrantHelper.

Submission means a grant application prepared under the Engagement, whether or not ultimately lodged.

Funding Offer Event means the issuance of a formal offer, conditional approval, or notice of intent to fund by a funding body.

2. Scope of Services

GrantHelper will provide the Services described in the Engagement. Services are limited to preparation, coordination, and advisory activities and do not include decision-making authority, funding approval, or program administration.

Any services not expressly included in the Engagement are outside scope and may be provided only by written agreement and subject to additional fees.

3. Client Responsibilities

The Client must:

• appoint a primary contact authorised to provide instructions and approvals
• provide accurate, complete, and timely information and supporting documentation
• attend scheduled meetings as agreed
• review and approve materials within requested timeframes
• comply with program guidelines and eligibility requirements
• ensure all information supplied is true, correct, and not misleading
• remain responsible for all commercial, legal, and strategic decisions relating to the Submission

The Client is solely responsible for determining whether it meets the eligibility requirements of any grant program and for satisfying itself that all eligibility criteria are met.

The Client acknowledges that failure to meet these responsibilities may delay or prevent submission, reduce application quality, or materially affect outcomes.

4. GrantHelper Responsibilities

GrantHelper will:

• prepare application materials based on information provided by the Client
• coordinate workshops, drafting, and review processes as agreed
• lodge the Submission where this forms part of the Engagement

GrantHelper is not responsible for verifying the accuracy or completeness of Client-provided information unless expressly agreed.

GrantHelper may, based on information provided by the Client, assist in identifying and interpreting relevant eligibility criteria. However, GrantHelper does not warrant or guarantee that the Client is eligible for any program and has no obligation to design, restructure, or remediate the Client’s project, business, or circumstances to achieve eligibility.

5. No Guarantee of Funding Outcomes

GrantHelper does not guarantee the success of any grant application.

Funding decisions are made by independent third parties outside GrantHelper’s control. The Client acknowledges that application outcomes depend on factors including program criteria, competition, assessor judgement, and government priorities.

Fees are payable for preparation services regardless of outcome.

6. Fees, Payment Terms, and No Refunds

Fees may be structured as fixed fees, percentage-based fees, success-based fees, or a combination of these, as set out in the applicable Letter of Engagement.

Fees are payable as set out in the Engagement. All fees paid or payable relate to professional preparation and advisory services and are non-refundable under all circumstances, including but not limited to:

• unsuccessful applications
• incomplete or abandoned submissions
• changes in Client circumstances or strategy
• withdrawal or non-acceptance of a funding offer

Late payments may attract penalty interest on any amount outstanding 14 days after the invoice due date, calculated in accordance with the Victorian Government Penalty Interest Rates Act 1983.

If an invoice remains unpaid, the Client may request to negotiate a payment plan, provided such request is made within 30 days of the invoice issue date. Any payment plan is subject to GrantHelper’s discretion and must be agreed in writing.

If there is no contact or response from the Client regarding payment of an outstanding invoice within 30 days of the invoice issue date, GrantHelper may commence recovery action, including legal proceedings, without further notice.

The Client is liable for all reasonable costs incurred by GrantHelper in recovering overdue amounts, including legal fees, debt collection costs, and associated expenses.

7. Scope Changes and Additional Services

A material change includes any change to project scope, objectives, activities, budget, partners, location, or timeline after drafting has commenced.

Material changes constitute a new or varied scope and require written agreement and additional fees before further work proceeds.

8. Timing, Information, and Submission Risk

The Client acknowledges that grant applications are time sensitive.

GrantHelper is not responsible for:

• missed deadlines due to late or incomplete Client inputs
• reduced competitiveness arising from rushed or constrained timeframes
• inability to lodge where required information is not provided

GrantHelper may decline to lodge a Submission where information is materially incomplete or inaccurate.

9. Ownership of Materials and Permitted Use

All draft materials, working documents, templates, and methodologies remain the property of GrantHelper until all fees are paid in full and the Engagement concludes.

Upon completion and payment, the Client is granted a limited licence to use the final Submission materials solely for the agreed application and for no other purpose.

10. Restriction on Independent Lodgement and Reuse

The Client must not:

• lodge application materials prepared by GrantHelper independently
• reuse, adapt, or submit those materials for another program
• provide those materials to third parties without GrantHelper’s prior written consent.

Unauthorised use constitutes a material breach.

11. Confidentiality

Each party must keep confidential all non-public, proprietary, technical, commercial, or business information received from the other party in connection with the Engagement (Confidential Information) and must not disclose such information to any third party except as permitted under these Terms.

Confidential Information may be used solely for the purpose of performing the Services and evaluating, preparing, and managing the Submission, and for no other purpose without the prior written consent of the disclosing party.

GrantHelper will take reasonable steps to ensure that Confidential Information is:

• handled in a secure environment, and
• accessible only to personnel and contractors who require access for the purposes of the Engagement and who are bound by confidentiality obligations.

Confidential Information does not include information that:

• is or becomes publicly available other than through a breach of these Terms
• was lawfully in the receiving party’s possession prior to disclosure
• is lawfully received from a third party without restriction
• is required to be disclosed by law, regulation, or order of a court or government authority

Notwithstanding the above, GrantHelper may:

• retain copies of Confidential Information as required for professional record-keeping, compliance, dispute resolution, or legal defence purposes, and
• use de-identified and anonymised information for internal quality improvement, benchmarking, training, and case study purposes.

The obligations in this clause survive termination or completion of the Engagement.

12. Funding Offer, Acceptance, and Good-Faith Obligation

Where a Funding Offer Event occurs, the Client must act reasonably and in good faith in responding to the offer, including progressing acceptance, execution, or formal decline within any required timeframes.

The Client acknowledges that abandonment of a project following a Funding Offer Event, including failure to accept an offer or failure to execute a grant agreement after acceptance, may result in loss, wasted effort, and commercial impact to GrantHelper.

13. Post-Offer Abandonment

If the Client abandons the project following a Funding Offer Event, including where:

• a funding offer is not accepted without reasonable cause, or
• a funding offer is accepted but the grant agreement is not executed,

GrantHelper may, at its discretion:

• treat the Engagement as terminated by the Client
• invoice all work completed to date
• require payment of additional fees reflecting post-offer support already provided
• decline any future resubmission or advisory support

No refund or fee adjustment applies in such circumstances.

14 – Success Fee Payable on Funding Offer

Where a success-based or contingent fee applies, the Client acknowledges that such fee is earned and payable upon the issuance of a funding offer, conditional approval, or notice of intent to fund in respect of the application (Funding Offer Event), as defined in the GrantHelper Terms and Conditions.

The Client acknowledges that the decision whether to accept a funding offer, execute a grant agreement, or proceed with the funded project remains solely with the Client. However, a decision not to proceed following a Funding Offer Event does not affect GrantHelper’s entitlement to the success-based or contingent fee, which remains payable in full in accordance with the Terms and Conditions.

15. Unsuccessful Applications and Continuation of Engagement

An unsuccessful funding outcome does not, of itself, terminate the Engagement.

Following an unsuccessful outcome, GrantHelper may, at its discretion:

• offer resubmission support at no additional cost
• offer resubmission support subject to additional fees
• decline further work

Where material changes to the project or application are required, additional fees will apply.

The Engagement remains on foot unless terminated in accordance with these Terms.

16. Termination by the Client

The Client may terminate the Engagement by written notice.

All fees for work completed up to the termination date remain payable. No refunds apply.

17. Termination by GrantHelper

GrantHelper may terminate immediately by written notice if the Client:

• fails to provide required information within a reasonable timeframe
• becomes unresponsive
• breaches these Terms
• provides misleading or false information

GrantHelper may issue an invoice for work completed up to termination.

18. Deemed Abandonment

If the Client fails to respond to requests for information, approvals, or instructions for a continuous period of 14 days, GrantHelper may deem the Engagement abandoned.

Upon deemed abandonment:

• the Engagement will be treated as terminated by the Client
• all work completed up to that date will be invoiced and payable immediately
• GrantHelper has no obligation to complete or lodge the Submission
• no refund or fee adjustment applies

19. Consequences of Termination or Abandonment

On termination or abandonment:

• all outstanding fees become immediately payable
• GrantHelper has no obligation to complete or lodge the Submission
• no refund or fee adjustment applies

20. Client Indemnity

The Client indemnifies and holds harmless GrantHelper, its directors, employees, and contractors from and against any loss, liability, cost, damage, or expense arising from:

• inaccurate, incomplete, or misleading information provided by the Client
• omissions of material information
• reliance by GrantHelper on Client-provided information
• any claim, investigation, or adverse finding by a funding body

This indemnity survives termination of the Engagement.

21. Limitation of Liability

To the maximum extent permitted by law:

• GrantHelper excludes liability for indirect or consequential loss
• total liability is limited to the fees paid for the Services giving rise to the claim

22. Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the Victorian courts.