COVID-19 Business Adaptation Advice Program Terms and Conditions

By submitting your application, you agree to the following Terms and Conditions if the project is approved for the COVID-19 Business Adaptation Advice Program.  These Terms and Conditions, the Application, the COVID-19 Business Adaptation Advice Program Guidelines, and Project Summary Report constitute the entire Agreement between the parties.

The Program will be subject to the Company hiring professional advice or support to adapt or recover from the impacts of COVID-19. The professional consultant must provide a Quote that includes a statement of work. 

The Program will contribute 100 per cent of the cost (to a maximum of $2,500) to engage a professional business consultant or service, with the exact amount of the Program identified by Innovation PEI within the Program approval notification. 
Payment will be based on the invoice provided at the time of request for payment, but in no event will payment exceed the maximum Program amount in the approval notification.

1.0 DEFINITIONS

“Company” means the company identified on the application form.
“Vendor” means the company identified as the supplier of service for the project evidenced in the application form.
“Program” means the financial assistance approved by Innovation PEI for COVID-19 Business Adaptation Advice Program.
“Project” means the specified project related activities, work, or undertaking described in the Vendor’s statement of work attached in the Company’s application (the “Application”).
“Quote” means a document provided by the vendor detailing the statement of work and the agreed fixed price.
“Project Summary Report” means the Company’s endorsement for Vendor payment based on completion of the statement of work, Quote, and supporting documentation.
“Eligible Project Costs” means those reasonable and proper costs of the Project which have been accepted by Innovation PEI in accordance with generally accepted accounting principles excluding the following items:
•    HST or any other federal or provincial tax which may be eligible to be fully or partially refunded.
“Request for Payment” means a copy of the Vendor’s invoice and Project Summary Report.

2.0 PAYMENT

The Program will be disbursed directly to the Vendor once the Company emails a complete Project Summary Report, Vendor Invoice, and any related reports and documents directly to business@gov.pe.ca.

3.0 ADDITIONAL CONDITIONS

In addition to the foregoing, the Company agrees to the following conditions:
•    Not to commence work on the project prior to March 16, 2020.  Innovation PEI may decline to contribute to any costs incurred prior to March 16, 2020. 
•    To complete the Project by December 31, 2020 and submit a Request for Payment to business@gov.pe.ca not later than January 31, 2021.
•    If the Request for Payment is not received by Innovation PEI by January 31, 2021, the Company will be deemed to have declined the Program and will have no future claim to payment of the Program.
•    Release of information relating to the funding of this Project may be made under the terms and conditions of this Agreement. No announcements may be made by the Company without the written approval of Innovation PEI.
•    No member of the Legislative Assembly shall be admitted to any part, or share of this Agreement or to any benefits to arise therefrom.
•    Should the Company fail to abide by any of the conditions under this Agreement, Innovation PEI may require that the Program be repaid on demand and any unpaid amounts may be revoked.
•    The Company will provide all information required by Innovation PEI to complete the assessment of this application and make payment;
•    Innovation PEI may decline to contribute to any cost incurred for costs not identified in the Company's application;
•    To preserve and keep available for audit the books, accounts, and records of the costs of the Project for 36 months after the completion of the project and supply such statistical data as may be required by Innovation PEI;
•    The Company and Vendor shall indemnify and save Innovation PEI harmless from all claims, demands, actions and causes of action of third parties that may arise out of this Project;.and
•    The consulting agreement must be between two parties operating at arm's length. 

4.0 OTHER ASSISTANCE

The Company may not receive non-repayable contribution(s) or program (s) from any other source for the Project. If the Company accepts any non-repayable contribution(s) or program (s) from any other source for the Project, Innovation PEI’s approval of the Program will be null and void.

5.0 JURISDICTION

This Agreement shall be governed by and construed according to the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein, and no action or proceeding shall be brought to construe or enforce this Agreement except in those courts having jurisdiction in the Province of Prince Edward Island.

6.0 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

Information contained in and collected in relation to this Agreement is subject to and will be treated in accordance with, the Prince Edward Island Freedom of Information and Protection of Privacy Act. The amount of the Contribution may be disclosed at the discretion of Innovation PEI and in accordance with the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01.
1.    The applicant consents to having Innovation PEI make any inquiries of such persons, firms, or corporations as it deems necessary in order to reach a decision on this application.
2.    Application must be approved before any financial or legal commitment is made on the project.
3.    Personal information on this form is collected under Section 31(c) of the Freedom of Information and Protection of Privacy Act and is necessary to determine your suitability and/or eligibility for programs delivered by Innovation PEI. If you have any questions about this collection of personal information, you may contact Innovation PEI, Toll Free: 1-800-563-3734 or Email: business@gov.pe.ca.