This page was most recently updated on 13 February 2025.
Welcome!
This Strategic Grants Service Agreement includes this introduction, the Definitions, General Terms, Funder Insights, GEM Portal, Gem Local and incorporated documents and terms (“Service Agreement”) and forms a legal agreement between Strategic Grants Australia Pty Ltd (ABN 58 140 784 943) (“Strategic Grants”), and the entity you represent (“you” / “your”).
This Service Agreement governs your use of our Services.
This Service Agreement is effective upon the date you first access or use our Services (“Effective Date”) and continues until you or Strategic Grants terminates the agreement.
Definitions
Fees means the fees specified in the table of Pricing.
GEM Portal means:
- the online grants management platform known as the GEM Portal; and
- any modifications, patches or new releases for that online platform made available by Strategic Grants under this agreement.
GEM Local means:
- the online grants management platform known as the GEM Local; and
- any modifications, patches or new releases for that online platform made available by Strategic Grants under this agreement.
GEMS Funding Insights means:
- the online platform known as the GEMS Funding Insights; and
- any modifications, patches or new releases for that online platform made available by Strategic Grants under this agreement.
“GEMS” may be used interchangeably to refer to GEM Portal and/or GEM Local and/or GEMS Funding Insights
Consequential Loss means any loss of bargain, loss of revenues, loss of reputation, indirect loss, loss of profits, consequential loss, loss of actual or anticipated savings, lost opportunities, including opportunities to enter into arrangements with third parties, and loss or corruption of data.
Grants Calendar means the Grants Calendar as known within the GEM Portal or GEM Local.
GST Act means A New tax System (Goods and Services Tax) Act 1999 (Cth).
GST Act Supplier means the entity making the Supply.
Insolvency Event means the occurrence of any event of insolvency including a winding up application being made and not withdrawn within 21 days, a failure to comply with a statutory demand, the appointment of a provisional liquidator or administrator, the entering into of an arrangement with creditors, a voluntary winding up other than for the purpose of a bona fide corporate reconstruction, any inability to pay debts as and when they fall due, any admission of insolvency, any court order relating to any of the above or anything which occurs under the law of any jurisdiction which has a similar effect to any of the above.
Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.
Progressive or Periodic Supply means a Taxable Supply that satisfies the requirements of section 156‑5 GST Act.
Services means any service(s) specified by Strategic Grants that will be delivered under this Service Agreement.
Strategic Grants means Strategic Grants Pty Ltd (ABN 58 140 784 943).
General Terms and Conditions
Subscription Renewals
Unless you notify Strategic Grants in writing of your desire to cancel your subscription, at least forty-five (45) days prior to the start of the upcoming renewal term, your subscription will automatically renew for consecutive terms equal in length to the initial subscription term.
Prepaid Consultancy Services
Where you are using consultancy services, if you elect to prepay for services in bulk, the following terms apply:
- any prepaid consultancy services must be utilised within twelve (12) months from the date of payment
- any unused consultancy services at the end of the twelve (12) month period will be forfeited and are non-refundable unless otherwise agreed prior in writing by Strategic Grants
- it is your responsibility to schedule and utilise the services within the specified timeframe
Invoicing
All flat fee services require a 70% deposit before commencement of work.
An invoice for 70% of the fee will be invoiced for a GEM Portal Grants Calendar build. The invoice for the balance due will be issued on delivery of the GEM Portal.
Where the Services include the GEM Portal subscription, the GEM Portal subscription will be billed annually, ongoing, at the current annual subscription rate and is non-refundable as set out in this Service Agreement, unless agreed in writing prior by Strategic Grants.
Strategic Grants will issue you with a Tax Invoice for the applicable subscription fee(s).
Tax invoices for all other Services will be issued at the end of each month, or completion of each project.
All invoices are on a seven-day payment basis via Electronic Funds Transfer to the nominated account as detailed on the invoice or credit card via the link on the invoice.
If a Purchase Order is required by you before internal invoice payment approval, please advise your Strategic Grants contact in writing of the relevant invoicing details.
If you fail to pay any amount owing to Strategic Grants as specified in your Service Agreement, then without limiting any other remedies available to Strategic Grants, Strategic Grants may defer performance of the Services until the amount is paid.
Fee Increases
Any fee increases will be notified in advance, except the GEM Portal subscription fee or GEMS Funding Insights fee or GEM Local fee, which is fixed in accordance with the pre-determined annual subscription pricing schedule.
Confidentiality and Intellectual Property Rights
Strategic Grants agrees that it will preserve the confidentiality of any information relating to your work, which comes into Strategic Grants’ possession or knowledge in the course of business dealings with you, unless that information is generally available in the public domain. Strategic Grants will take reasonable precautions and preventative measures to ensure that its directors, officers, employees, agents, advisers and contractors will not divulge this information without you prior written consent, except as required by law.
To the extent that any information or data is provided to Strategic Grants by you in connection with this Service Agreement, your organisation warrants that such information or data:
- is complete, correct and accurate;
- is not misleading;
- will not infringe the rights of any third party, including any Intellectual Property Rights.
Strategic Grants agrees that any applications, reports or other documentation developed will become the property of your organisation. Your organisation grants to Strategic Grants an irrevocable, royalty-free, non-exclusive licence to exercise the Intellectual Property Rights in any such applications, reports and documentation to the extent required to provide the Services under this Service Agreement.
Strategic Grants may collect anonymous success rate and other data relating to your organisation in order to carry out benchmarking for business development purposes. Any data to be used publicly will be de-identified prior to it being used anonymously unless your organisation gives written permission stating otherwise.
AI – Artificial Intelligence Software Tools
No data that is directly sourced from Strategic Grants, either via GEMS or through Consulting Services, shall be entered by you into any online internet connected Artificial Intelligence tool.
Privacy
All parties will comply with applicable privacy laws in performing their obligations under this Service Agreement.
You agree to obtain all required consents, and make all required disclosures and notifications, under applicable privacy laws to ensure that:
- you have the right to provide and disclose to Strategic Grants all personal information that forms part of any materials or information provided by or on behalf of you to Strategic Grants in connection with this agreement
- Strategic Grants has the right to use and disclose all such personal information for the purpose of providing the Services under this agreement.
Refer to the Strategic Grants Privacy Policy
Disclaimers and Warranties
Strategic Grants will use its best endeavours to provide you the most accurate and up-to-date information on grants and funders at all times during the term of your subscription. Strategic Grants will review its grant and funder records and monitor its source data for changes to dates, geographic regions, grant categories and contacts daily. Strategic Grants will send you email notifications of grant record changes on a prompt and timely basis as grant records are added or updated.
While Strategic Grants agrees that it will constantly work to ensure the highest quality and most current not for profit grants data is made available in accordance with the terms of this agreement, 100% accuracy cannot be guaranteed by Strategic Grants, including due to funders deciding to close a grant round early or make other changes that are beyond Strategic Grants’ control.
Strategic Grants does not warrant that GEMS in its functioning or content will be timely, uninterrupted or error-free. The use of GEMS is at your sole risk and Strategic Grants disclaims any liability in respect of any loss that may be suffered by you related to the use of GEMS, except where Strategic Grants is negligent in the proper operation and maintenance of GEMS.
In line with Strategic Grants’ best practice advice, your organisation acknowledges that it will review a funder’s website and guidelines and where practicable, make direct contact with the funder before submitting an application for funding.
Strategic Grants acknowledges and agrees that it will not, except by prior written agreement with you, lodge applications for funding on your behalf. You acknowledge that it is your responsibility to ensure that applications are submitted to the relevant funder in the appropriate form required prior to any funding submission deadline.
Limitation of Liability
Subject to the remainder of this clause, any liability of Strategic Grants for any loss or damage, however caused (including by the negligence of Strategic Grants), suffered by your organisation in connection with this agreement is limited in aggregate to the Fees paid by you to Strategic Grants under this agreement in the last twelve (12) months before your organisation first suffered loss or damage.
Neither party is liable for any Consequential Loss however caused (including by negligence), suffered or incurred by the other party in connection with this Service Agreement.
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by Strategic Grants in connection with this agreement, and Strategic Grant’s liability to comply with that guarantee cannot be excluded but may be limited, this clause does not apply to that liability. Instead, Strategic Grant’s liability for that failure is limited to (at the election of Strategic Grants), in the case of a supply of goods, Strategic Grants replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Strategic Grants supplying the Services again or paying the cost of having the Services supplied again.
Use of Logo
Your organisation agrees to have its logo displayed on the Strategic Grants website as a client and understands that Strategic Grants may request valuable client feedback from you in writing for use in Strategic Grants’ marketing materials.
If you do not want to feature on the Strategic Grants website, advise your Strategic Grants contact as soon as possible.
Fees and Ethical Practice
Strategic Grants acknowledges that it is an Organisational Member of the Fundraising Institute of Australia (FIA) and that it will abide by the FIA’s Professional Code of Conduct and Ethics. Should you not be satisfied with the quality of any work provided by Strategic Grants, you agree to discuss this with the Strategic Grants’ Director via Contact Us so that the issue can be resolved speedily and with positive outcome to your satisfaction.
Refer additionally to Fees and Ethical Practice
Termination
Either party may terminate this Service Agreement by written notice to the other party if:
- the other party commits a material breach of this agreement and fails to remedy that breach within 30 days of receiving notice from the other party requiring it to do so; or
- an Insolvency Event occurs in relation to the other party, in which case, this Service Agreement terminates immediately on giving the notice of termination.
On termination or expiry of this Service Agreement:
- accrued rights or remedies of a party are not affected; and
- clauses [Confidentiality and Intellectual Property Rights], [Disclaimers and Warranties], [Limitations of Liability] or any provision of this Service Agreement which is expressly or by implication intended to come into force or continue on or after termination will survive.
Costs and taxes
Each party bears its own costs of the preparation, reviewing and acceptance of this Service Agreement.
Any words capitalised in this clause [Costs and taxes] and not already defined under [Definitions] have the meaning given to those words in the GST Act.
Except under this clause [Costs and taxes], the consideration for a Supply made under or in connection with this agreement does not include GST.
If a Supply made under or in connection with this agreement is a Taxable Supply, then at or before the time any part of the consideration for the Supply is payable:
- the Recipient must pay the GST Act Supplier an amount equal to the GST for the Supply, in addition to, and in the same manner as the consideration otherwise payable under this agreement for that Supply; and
- the GST Act Supplier must give the Recipient a Tax Invoice for the Supply.
For clarity, the GST payable under this clause [Costs and taxes] is correspondingly increased or decreased by any subsequent adjustment to the amount of GST for the Supply for which the GST Act Supplier is liable, however caused.
If either party has the right under this Service Agreement to be reimbursed or indemnified by another party for a cost incurred in connection with this Service Agreement, that reimbursement or indemnity excludes any GST component of that cost for which an Input Tax Credit may be claimed by the party being reimbursed or indemnified, or by its Representative Member, Joint Venture Operator or other similar person entitled to the Input Tax Credit (if any).
Where a Tax Invoice is given by the GST Act Supplier, the GST Act Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.
Where a Supply made under or in connection with this agreement is a Progressive or Periodic Supply, this clause [Costs and taxes] applies to each component of the Progressive or Periodic Supply as if it were a separate Supply.
General
The laws of Queensland, Australia govern this Service Agreement. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts.
You must not assign, in whole or in part, or novate your rights and obligations under this Service Agreement without the prior written consent of Strategic Grants.
A clause or part of a clause of this agreement that is illegal or unenforceable may be severed from this Service Agreement and the remaining clauses or parts of the clause of this Service Agreement continue in force.
This Service Agreement supersedes all previous Service Agreement about its subject matter. This Service Agreement embodies the entire Service Agreement between the parties.
Unless otherwise stated in this Service Agreement, this Service Agreement may only be varied by written agreement between the parties.
Sustainability
Read our Sustainability Statement
GEMS Funding Insights
Permitted Use of GEMS Funding Insights and Grants Data
Only qualified organisations who provide financial funding for not for profit purposes or who manage funding on behalf of another party, can be granted access.
Any data including organisational, contact and grants data, accessed by you through GEMS Funding Insights remains the property of Strategic Grants.
You undertake that access to GEMS Funding Insights will only be given to employees of the your organisation, solely for the purposes of conducting research into grant-seeking organisations.
You agree to use appropriate safeguards to prevent the use, copying or sharing of the data set, generated through GEMS Funding Insights, beyond you to external third parties.
AI – Artificial Intelligence Software Tools
No data that is directly sourced from GEMS Funding Insights shall be entered by you into any online internet connected Artificial Intelligence tool.
Annual Pricing
The Pricing Table lists the yearly Annual Subscription rate.
GEM Portal
Permitted Use of GEM Portal and Grants Data
Only qualified Australian registered not for profit organisations will be granted access to GEM Portal.
Grants data accessed by you through GEM Portal or downloaded from the GEM Portal remains the property of Strategic Grants.
You undertake that GEM Portal access and the grants data set, or Grants Calendar generated through GEM Portal, will only be given to employees of your organisation, solely for the purposes of conducting research into grants and the making of grant applications for and on behalf of your organisation.
You agree to use appropriate safeguards to prevent the use, copying or sharing of the grants data set, or Grants Calendar generated through GEM Portal, beyond you to external third parties.
If a third party contractor to your organisation requires access to GEM Portal, you must first obtain permission from your Strategic Grants contact, before you provide them access. The third party contact will be required to sign our Contractor Third Party Access Consent Form.
GEM Portal Connections to Third Party Software Applications
Where the GEM Portal software is integrated with third party software, all data transfers will be one directional from GEM Portal into the third-party software system. GEM Portal will only ‘push’ grants data into the third-party software system. GEM Portal will not access any data in the third-party software system beyond that which it is necessary to interrogate in order to establish a connection to the third-party system, to effectively populate the third-party system with GEM Portal data. In no instance will the GEM Portal ‘pull’ data from the third-party software system to store that data within the GEM Portal or any other Strategic Grants system.
Where the Services include the GEM Portal subscription, the you acknowledge and agree that:
- you do not receive any ownership of or rights in respect of the Intellectual Property Rights in the GEM Portal (other than the right to access and use the GEM Portal as set out in this Service Agreement); and
- Strategic Grants (or its licensors, as applicable) owns all Intellectual Property Rights in the GEM Portal.
AI – Artificial Intelligence Software Tools
No data that is directly sourced from GEM Portal shall be entered by you into any online internet connected Artificial Intelligence tool.
Annual Subscription Pricing
You will be annually invoiced the Annual Price of the invoice year that you are in.
GEM Local
Permitted Use of GEM Local and Grants Data
Please read this Service Agreement carefully before subscribing to GEM Local.
By subscribing to GEM Local you agree to the following:
Service Agreement
The internet website with the address “gemlocal.com” and associated websites (gemlocal.com.au, gemlocal.co.nz) (collectively referred to as “GEM Local”) is owned and operated by Strategic Grants Pty Ltd (ABN 58 140 784 943). Your access to GEM local and your use of the data, products, services, information, text, graphics, materials, software and other content available on GEM Local is subject to this legally binding agreement (“Service Agreement”).
Your GEM Local subscription is offered to you on the condition that you accept this Service Agreement as it stands. By purchasing a subscription and accessing GEM Local you agree that you have read, understood and will be legally
bound by this Service Agreement.
This Service Agreement is made between Strategic Grants Pty Ltd and your organisation (“User Organisation”) as listed in the GEM Local subscription details and found within the GEM Local: My Account section of the gemlocal.com web site.
Access to GEM Local
You will sign in to GEM Local by providing your online user name and password which will be supplied electronically on payment of your subscription. You will be able to view your localised grant data, add and track your grant
applications, create email alerts and access your My Account and help.
Provision
Strategic Grants is responsible for all maintenance and support services regarding GEM Local.
Permitted Uses and Disclosure
Your Organisation agrees:
- to use the grant records data set, solely for the purpose of conducting research into grants and the making of grant applications for the specific User Organisation registered within GEM Local
- to use appropriate administrative, physical and technical safeguards to prevent the use or disclosure of the grants data set, other than as provided for by this Service Agreement
- to use appropriate administrative, physical and technical safeguards to prevent access to GEM Local beyond any person who is not associated with the User Organisation
- not to present or publish information contained in the grants data set beyond the registered User Organisation
- not to release the grants data set or any sub set of the data to any third party without express permission from Strategic Grants
- not to attempt to link the data set to any other datasets from any source without express permission from Strategic Grants
- not to use the grants data to apply for grants for any other organisation outside of the User Organisation that is registered to GEM Local
- to inform Strategic Grants of any known or suspected breach of privacy arising from the use of the grants data set
Availability
GEM Local is not a guaranteed service. We endeavour to provide for a 7 day, 24 hour uptime on this service, however the service may be affected by a range of factors including technical problems, telecommunications issues
and availability of staff outside usual Australia office operating hours.
In order to access GEM Local you must ensure that your contact details have been correctly registered, your computer or other internet accessible web browsing device is switched on and that you are located within a coverage area of your internet service provider.
Confidentiality and Intellectual Property
It is explicitly agreed that Strategic Grants will preserve the confidentiality of any information relating to the User Organisation, which comes into its possession or knowledge through use of GEM Local unless it is generally in the public domain. Strategic Grants will not divulge this information without written authority except as required by law.
Strategic Grants may collect anonymous success rate and other data relating to User Organisation in order to carry out benchmarking for business development purposes during the period of this agreement. Any data used publicly will be de-identified and used anonymously unless the User Organisation gives written permission stating otherwise.
AI – Artificial Intelligence Software Tools
No data that is directly sourced from GEM Local shall be entered by you into any online internet connected Artificial Intelligence tool.
Ethics
Strategic Grants is an Organisational Member of the Fundraising Institute of Australia (FIA) and abides by the FIA’s Professional Code of Conduct and Ethics. If ever the User Organisation is not happy with the quality of work provided by Strategic Grants, you are encouraged to discuss this with the Strategic Grants Director so the issue can be resolved speedily and with a positive outcome.
Privacy
Read our Strategic Grants Privacy Statement here:
New Zealand: https://www.strategicgrants.co.nz/privacy/
Australia: https://www.strategicgrants.com.au/privacy/
Terms
The terms of this GEM Local Service Agreement shall be effective from the time the subscription payment is made, and shall remain in effect until the cessation of the subscription period, at which point the User Organisation will cease to have electronic or any other access to GEM Local.
Any data specific to the User Organisation that was generated during the subscription period will be stored within the GEM Local database for the period required by legislation and as per the Intellectual Property and Privacy conditions stated above.
Thank you for choosing to subscribe to GEM Local – Where Grants Find You
END of Service Agreement