Grant Terms & Conditions
These Terms and Conditions, along with the Grant and any additional requirements detailed in the Grant Award Letter, constitute the whole agreement between the Host Institution and Blood Cancer UK relating to the Research and supersede all previous agreements between them. Blood Cancer UK reserves the right to amend these terms and conditions at any time, and we will communicate these to you directly.
Definitions
BC Lead Grant - Grants awarded under a Grant Award Letter issued on or after 1 January 2023.
Blood Cancer UK - A charity registered in England and Wales (no. 216032) and Scotland (no. SC037529), and a company limited by guarantee registered in England & Wales (no. 738089), whose registered office is: 5-11 Theobalds Road, London, WC1X 8SH. The correspondence is: Blood Cancer UK, Suite 31, Bonnington Bond, 2 Anderson Place,
Edinburgh, EH6 5NP.
Clinical Research – Research involving human participants
Commercial Evaluation - A review undertaken to understand and evaluate the commercial exploitation potential of a research project being funded by Blood Cancer UK.
Commercialising Party – The Party responsible for commercial exploitation.
Conflicts of Interest - A conflict of interest is any situation in which personal or professional interests, or loyalties owed to another person or body, could, or could be seen to, unduly influence or affect the Research. These can include: financial interests that apply to a person, someone close to them or an affiliated body; non-financial interests, such as reputational gain; and, loyalties arising from a personal connection or duty to another person or organisation
Directly Allocated Costs – The cost of resources used by a project that are shared by other activities using Transparent Approach to Costing/full Economic Costing (TRAC/fEC) methodology. They are charges to projects on the basis of estimates rather than actual costs and do not represent actual costs on a project by project basis, e.g. electricity, water.
Equipment – The equipment required to conduct the Research.
Fellowship – A grant that supports an individual researcher to conduct independent research, providing salary and resources, and with a focus on personal career growth, training, and leadership development
Funded Intellectual Property – All present and future inventions, discoveries, materials (including biological and chemical materials), technologies, products, data, algorithms, software, patents, databases, copyright, confidential information and other intellectual property and know-how arising from the Research and all other rights or forms of protection of a similar nature having equivalent effect anywhere in the world.
Funded Materials - Biological and chemical materials arising from Results.
Grant – The funding award made for the Research and described in the Grant Award Letter.
Grant Award Letter – The letter from Blood Cancer UK to the principal Grant Holder specifying the amount of the Grant and confirming the financial value award of the Grant in GBP.
Grantholder – The lead applicant as specified in the Grant Award Letter.
Grant Period – The Duration of the grant as set out in the Grant Award Letter.
HI Lead Grant - Grants awarded under a Grant Award Letter issued prior to 31 December 2022.
Host Institution – The university, hospital trust, institution or other body who the Grant is awarded to. They must be the employing organisation of the Grantholder, unless specified in the award letter.
Indemnified Parties – Blood Cancer UK, its Staff and Agents.
Indirect Costs – Non-specific costs charged across all projects using TRAC/fEC methodology. They include the costs of the Host Institution’s administration such as human resources, finance, library and departmental services.
Institution Sanctions - The sanctions Blood Cancer UK may take against a Host Institution if the circumstances set out in Clause 15.7 should arise.
Intellectual Property Rights - All present and future rights arising from inventions, discoveries and other developments resulting from the Research undertaken as a result of Blood Cancer UK funding including (without limitation) patents, design rights, copyright, database rights, moral rights, trademarks, service marks, know-how, confidential information and all other rights or forms of protection of a similar nature having equivalent effect anywhere in the world.
Involvement (also known as Patient and Public Involvement, PPI) - when people work in partnership with researchers to influence and improve research; it is not the same as engagement (sharing information), participation (being a study subject), or volunteering (giving time without shaping research). Involving people with lived experience of blood cancer helps ensure research asks the right questions and leads to better outcomes.
Know-how - All information which is not in the public domain including that comprised in or derived from data, disks, tapes, manuals, source codes, flow-charts, catalogues and instructions.
Party and the Parties – Blood Cancer UK and/or the Host Institution as appropriate.
Premises – All research facilities where the Research is conducted.
Research – The research and investigation which is the subject of the Grant.
Research Personnel – The Host Institution staff who are to be supervised by the Grantholder to carry out the Research.
Studentship – A grant to provide the stipend and other costs associated with a PhD student.
1. Grant Award
1.1. Blood Cancer UK will provide a Grant to fund the Research named in the Grant Award Letter. All expenditure must be in accordance with the awarded set out in the Grant Award Letter.
1.2. The Host Institution and Grantholder must formally accept, in writing, the Award as detailed in the Grant Award Letter and agree to the Terms and Conditions.
1.3. The Grant must be activated by the Grantholder within six months from the start date indicated on the Grant Award Letter. Any change to the start date must be agreed by Blood Cancer UK in writing.
1.4. The Grant end date is defined by the duration of the award from the start date.
1.5. The Host Institution will inform Blood Cancer UK prior to acceptance of the Grant of any pre-existing arrangements which may lead to a breach of the Grant conditions.
1.6. Blood Cancer UK acknowledges that the Host Institution is subject to the Freedom of Information Act 2000. If the Host Institution receives a “Request for Information” in respect to any part of the Grant, the Host Institution must notify and consult with Blood Cancer UK on any response to the request.
2. Project Management
2.1. No material change shall be made to the Grant, the Grantholder without the prior written approval of Blood Cancer UK.
2.2. The Host Institution must ensure that the Grant is used for the purposes for which it was awarded. Any plan to diverge from the aims outlined in the original grant application requires prior written agreement from Blood Cancer UK. In the event the research is completed early or overtaken by published results, Blood Cancer UK must be notified in writing.
2.3. It is the responsibility of the Host Institution and Grantholder to ensure that all parties, including collaborators, supervisors, and staff employed on Blood Cancer UK grants comply with the Terms and Conditions.
2.4. The Host Institution shall notify Blood Cancer UK immediately if there is any change in its status, or that of the Grantholder, which might affect their eligibility to hold the Grant.
2.5. The Host Institution will allow Blood Cancer UK access to its facilities with notice, at reasonable times, to inspect the conduct of the Research and to ensure compliance with the terms of the Grant.
2.6. The Host Institution must ensure that appropriate Premises are available to house the staff undertaking the Research, and that all Equipment used in the Research is fully maintained, kept in an appropriate and safe state of repair and properly serviced, covered by the Host Institution’s insurance policies for the duration of the Grant. The Host Institution must comply with and perform all obligations and duties of law (including all health and safety legislation) in respect of the Premises.
2.7. The Host Institution must ensure that adequate resources are provided to support the activities and timeframe described in the Grant Award Letter.
2.8. The Host Institution shall provide the Research Personnel with support services and facilities on the same terms and at the same level as that provided for similar research groups within the Host Institution.
2.9. The Host Institution shall comply with all relevant laws and regulations and shall obtain and maintain all necessary licences and approvals in respect of the Research.
3. Legal, Ethical and Regulatory Compliance and Good Research Practice
3.1. General Requirements for all grants
3.1.1. The Host Institution accepts full responsibility for ensuring that all necessary legal and regulatory requirements, including ethical approval (if needed) are in place at all relevant periods of the Grant.
3.1.2. All researchers are expected to follow the general principles and guidelines set out in UKRI’s policy on the governance of good research practice UKRI policy on the governance of good research practice – UKRI
3.2. Equality, Diversity and Inclusion
3.2.1. The Host Institution and the Grant Holder shall ensure that activities funded under this Grant are conducted in a manner that promotes equality, diversity and inclusion in the research environment, research design and delivery and in the analysis and dissemination of research outputs.
3.2.2. Where scientifically appropriate, the Grantholder shall consider sex as a biological variable in the design and analysis of studies. Grantholders should follow recognized methodological guidance for integrating sex and gender considerations in biomedical research, including the principles described in the NC3Rs experimental design assistant and the MESSAGE sex and gender policy framework.
3.2.3. For funded clinical studies and trials the Grantholder shall seek, where scientifically and ethically appropriate, to promote inclusion of populations who may be under-represented in research, including groups defined by sex, gender, ethnicity, age, disability, socioeconomic status or geographic location. Recruitment strategies and study procedures must be designed to minimise barriers to participation and to support the inclusion of participants whose characteristics are representative of the demographics of the relevant blood cancer population.
3.3. Research Involving Animals
3.3.1. The Grant must not be used for any research on animals which has not been approved and set out in the grant application.
3.3.2. All grants supported by Blood Cancer UK must only use animals where there are no suitable alternatives.
3.3.3. Grants using animals must implement measures to replace, reduce and refine the use of animals in line with the guidance provided by NC3Rs (www.nc3rs.org.uk) and must specifically:
(i) use the species of animal with the lowest level of consciousness possible.
(ii) ensure that distress and suffering are avoided wherever possible.
(iii) employ an appropriate design and use the minimum number of animals consistent with ensuring that the scientific objectives will be met.
3.3.4. All grant holders using animals must implement the principles in the cross-funder guidance Responsibility in the Use of Animals in Bioscience Research (www.nc3rs.org.uk/responsibility) and the the ‘Guidelines for the Welfare and Use of Animals in Cancer Research’ as set out in Workman et al (2010, British Journal of Cancer 102, 1555-1577)
3.3.5. Grant holders using non-human primates must comply with the NC3Rs guidelines Primate Accommodation, Care and Use ((https://nc3rs.org.uk/3rs-resource-library/non-human-primate-accommodation-care-and-use-guidelines).
3.3.6. Grant holders should make use of the ARRIVE guidelines (www.nc3rs.org.uk/ARRIVE) when designing their experiments, and ensure that they report animal-based studies in accordance with the ARRIVE guidelines as far as possible, taking into account the specific editorial policies of the journal concerned.
3.4. Research Involving Cell Culture
3.4.1. Grantholders and research personnel using cell cultures must incorporate a best practice cell line authentication protocol into their experimental framework, following the ‘Guidelines for use of cell lines in biomedical research’ as set out by Geraghty et al (British Journal of Cancer (2014) Sep 9; 111(6):1021-46).
3.5. Clinical studies
(i) Registration:
(i) The study must be registered on a recognised trials registry such as the ISRCTN registry or the ClinicalTrials.gov registry before the first participant receives an intervention. A plain English summary in lay language must be provided either on the registry itself or via a link.
(ii) Details on the registry must be kept up to date throughout the lifetime of the trial. Details of how to access the trial protocol and analysis plan must be provided on the registry and on the trial website, if one exists. Any approved changes to the protocol must be updated on the registry as soon as possible.
You will also be required to provide the up-to-date trial information and documentation to Blood Cancer UK’s Clinical Trials Support Service when requested.
(ii)Governance:
(i) For all trials, a Trial Management Group (TMG) should be established to monitor all aspects of the conduct and progress of the trial, ensure that the protocol is adhered to and take appropriate action to safeguard participants and the quality of the trial itself.
(ii) A trial steering committee (TSC) should be set up for all late phase clinical trials to oversee the conduct of the trial. The membership of the TSC should include: an independent chair; a statistician; a clinician(s); at least one individual who is able to contribute a patient and/or wider public perspective; any additional relevant observers; any others with expertise relevant to the project. Independent members must make up a minimum of two thirds of the TSC membership.
(iii) The research project sponsor should determine whether an independent data monitoring committee (IDMC) is required. Members of the IDMC should be independent of the study team and the TSC.
(iv) Blood Cancer UK should be invited to attend TSC meetings as an observer.
(iii) Reporting of Results:
(i) Summary results must be made available within 12 months of the end of the study
(ii) Trial results should be reported in accordance with the recommendations in the CONSORT statement http://www.consort-statement.org/. Before results are published, they must be discussed by the Trial Steering Committee.
(iii) Collection and reporting of demographic data are required for all trial participants where reasonably practicable. This should include information relating to ethnicity, geography, and wider disparity indicators.
3.6. Patient and Public Involvement
3.6.1. The Host Institution and Grantholder must ensure that people affected by blood cancer are meaningfully involved in the design, conduct, oversight and dissemination of the research, proportionate to the nature and stage of the project and in line with the UK Standards for Public Involvement
3.6.2. A Patient and Public Involvement plan, as submitted in the Grant application or as subsequently agreed in writing with Blood Cancer UK, must be implemented and appropriately resourced. Any significant deviation from this plan must receive prior written approval from Blood Cancer UK.
3.6.3. The Host Institution must ensure appropriate support, reimbursement and safeguarding for all PPI contributors, in line with recognised good practice (e.g., National Institute for Health and Care Research guidance). Costs associated with involvement should be included within the grant budget or otherwise covered by the host Institution.
3.6.4. For clinical studies, at least one public contributor must be included in the Trial Steering Committee as set out in Clause 3.5.2(ii). Their role should be supported to enable meaningful participation.
3.6.5. The Host Institution and Grantholder shall take all reasonable steps to ensure that information and study materials intended for patients or the public (including lay summaries, recruitment materials, and dissemination outputs) are written in plain English and co-produced or reviewed by PPI contributors.
3.6.6. Annual progress and final reports submitted to Blood Cancer UK must include a description of PPIE activities, their impact on the Research, and any challenges encountered.
3.6.7. Blood Cancer UK reserves the right to request information on PPIE activity at any point during the Grant Period and may take this into account in decisions regarding future funding.
4. Equipment
4.1. All items of Equipment must be purchased by the Host Institution.
4.2. Blood Cancer UK will not accept claims for Equipment of a different type from that awarded unless prior written permission has been given.
4.3. The Host Institution must ensure that it has clearly defined procedures for the procurement of Equipment. Equipment funded by the Grant must be procured by the Host Institution in accordance with these procedures. Blood Cancer UK will not accept any liability to pay VAT due to any failure of the Host Institution to claim relief on qualifying Equipment.
4.4. Equipment purchased through a Blood Cancer UK Grant must be specifically for the purpose of the Grantholder’s Research. The Equipment must be used primarily for the approved Research during the lifetime of the Grant. Any Equipment purchased using the Grant shall be owned by the Host Institution and may be retained by the Host Institution at the end of the Grant.
4.5. Blood Cancer UK will not pay any access charges for use of Equipment funded on this or another Blood Cancer UK Grant at the same Host Institution.
4.6. Subject to prior written permission from Blood Cancer UK and the Host Institution, Equipment may be moved for use at another Blood Cancer UK funded location.
4.7. The Host Institution must ensure that the Equipment funded by the Grant is appropriately insured and maintained throughout its useful life.
4.8. If any Equipment funded under the Grant is lost, damaged or destroyed during the life of the Grant, the Host Institution will be required to repair or replace it at its own cost.
4.9. The equipment must not be disposed of during the period of the grant without Blood Cancer UK's prior written approval.
5. Staff
5.1. Blood Cancer UK does not act as the employer of the Grantholder, Research Personnel, Fellows or any Studentship candidates who are undertaking the Research where funding for salary or stipend is provided by the Grant.
5.2. The Host Institution shall employ or engage the Grantholder and Research Personnel in accordance with its normal procedures and be responsible for the issue of contracts and all associated duties and responsibilities of an employer.
5.3. Blood Cancer UK will not be liable for any claims, nor will it indemnify the Host Institution against any claim for redundancy, compensation, dismissal or discrimination or any other claims for which the Host Institution or any permitted sub-contractor of the Host Institution may be liable as an employer or otherwise.
5.4. The Host Institution will ensure that all permanent and temporary staff and students employed or involved in work funded by the Grant receive training appropriate to their duties, in accordance with any applicable legal or regulatory requirements. This includes management training and leadership development for all Blood Cancer UK funded staff with managerial responsibilities.
5.5. The Host Institution is responsible for ensuring all clinical staff have the necessary professional registration and occupational health clearance. All clinical staff should hold either: honorary NHS clinical contracts or honorary university contracts at the appropriate level for the duration of the Grant. Blood Cancer UK accepts no liability for any claim arising out of matters relating to compliance with regulations set out by their professional governing body.
5.6. Blood Cancer UK requires the Host Institution, as the employer, to identify any risks which could affect the health of new and expectant mothers and to have taken actions necessary as a result of identifying any risks.
5.7. Salary costs awarded on any grant may:
(i) be used to fund salary, the employer’s national insurance contribution, and an employer’s pension contribution which will not be higher than the rate used by the USS or NHS scheme. It must not be used to offset any prior underfunding of the pension scheme.
(ii) be used to appoint staff within the pay model applied by the host institution and as indicated in the grant award where applicable. The level at which staff are appointed should be in accordance with the Host Institution's normal procedures, provided the salary awarded for each post is not exceeded.
(iii) not be used for any bonus or merit awards.
5.8. All advertisements for staff who are to be funded from a Blood Cancer UK Grant must indicate that the Research is funded by Blood Cancer UK. The Host Institution is responsible for advertising posts and must meet the costs associated with recruitment.
5.9. In the event of maternity, paternity, adoption sick leave being taken, salary allocation may only be used as cover for the vacant position, rather than for benefit payments for the staff member taking an extended period of leave. It is the responsibility of the Host Institution to cover the costs of the benefits payments regardless of the fact that the staff member’s salary is paid from a grant funded by Blood Cancer UK.
5.10. The Grantholder must notify Blood Cancer UK when there is an extended period of leave greater than 6 months or 10% of the Grant’s duration, whichever is shorter.
5.11. If the person on an extended period of leave is the only staff member employed through the Grant, Blood Cancer UK may agree in writing to put the Grant into a period of abeyance and allow any unused funds to be used to extend the Grant.
5.12. The Host Institution shall notify Blood Cancer UK as soon as reasonably practicable the names, dates of appointment and starting salaries of the Grantholder/Research Personnel and keep Blood Cancer UK fully and promptly advised of any alterations, including; seek advance approval from Blood Cancer UK prior to awarding any Grantholder/Research Personnel a salary increase with the agreed value of the Grant, giving full details of the additional cost over the remaining period of the Grant and supplying copies of any relevant salary scales.
5.13. In the event that the Host Institution deems it necessary to take any disciplinary or other action resulting in (or potentially resulting in) the dismissal or suspension of a Grantholder/member of the Research Personnel, the Host Institution shall notify Blood Cancer UK of such action as soon as practicable (and preferably in advance) and will similarly notify Blood Cancer UK of the progress and outcome of such action. For the avoidance of doubt, the Host Institution shall seek the prior written approval of Blood Cancer UK, before replacing the Grantholder for any reason.
6. Financial management
6.1. The Host Institution must ensure proper financial management of grants and accountability for the use of public funds.
6.2. The Grant may only be used in respect of the Research and the Host Institution shall ensure that it is not utilised for any other project or activity. Furthermore, the Host Institution will ensure that funds are not transferred between award budget headings within the Grant without the prior written approval of Blood Cancer UK.
6.3. Blood Cancer UK does not pay Directly Allocated Costs unless specifically and clearly identified in the Grant Award Letter. Blood Cancer UK does not pay any Indirect costs. Blood Cancer UK will not reimburse any costs relating to professional indemnity insurance or any similar costs or expenses.
6.4. For applications involving clinical studies or trials costed using AcoRD principles as a member of the Association of Medical Research Charities (AMRC), Blood Cancer UK will only fund the costs for activities attributed to the Research Part A Costs category, in line with the DHSC AcoRD guidelines. Unless specifically and clearly identified in the Grant Award Letter Blood Cancer Will does not pay Research part B costs, NHS treatment or service support costs and Excess Treatment costs
6.5. All amounts specified in the Grant Award Letter are inclusive of Value Added Tax (VAT).
6.6. Blood Cancer UK will reimburse the Host Institution expenditure incurred in respect of the Grant quarterly in arrears upon receipt of a satisfactory claim submission via our online grant management system.
6.7. The Host Institution must submit all claims for expenditure incurred in respect of the Grant within 12 months of it being incurred and Blood Cancer UK will not reimburse any claims falling outside this period. To secure reimbursement for approved equipment costs exceeding £10,000, the Grantholder must submit copies of the corresponding invoices to Blood Cancer UK with the relevant claim form.
6.8. If Grantholders, Research Personnel or the Host Institution receive donations to support Blood Cancer UK’s work, these must be forwarded to Blood Cancer UK. Where requested, such donations can be designated for a particular purpose.
6.9. If Blood Cancer UK has reason to believe that the Host Institution and/or the Grantholder are in breach of any of these Terms and Conditions, then it may suspend all payments pending further enquiry. If, as a result of such enquiry, Blood Cancer UK reasonably concludes that the breach is material, then it shall be entitled, without prejudice to any other rights it may have, to terminate the Grant forthwith and make no further payments.
7. Reconciliations
7.1. At the request of Blood Cancer UK, the Host Institution and/or its external auditors shall provide written confirmation that the Grant has been used for the purpose for which it was awarded and that the costs incurred meet the conditions of the Grant.
7.2. On request, the Host Institution shall also make the necessary arrangements to enable Blood Cancer UK and its agents to visit the Host Institution to discuss the administration and accounting of its awards, and if necessary, to conduct its own audit of any Blood Cancer UK grant account at the Host Institution or the activities funded. For this purpose, Blood Cancer UK and its agents and advisors may inspect and take copies of all relevant books of accounts and records. Where elements of expenditure under the Grant have been subcontracted, the Host Institution should ensure that the right of access extends to the accounts, records, equipment and facilities of any such subcontractor relevant to the management of the Grant. This does not presuppose malpractice or fraud, but Blood Cancer UK will use any information obtained of such matters to ensure the application of correct procedures or, if necessary, terminate the Grant forthwith.
7.3. Where any amounts paid by Blood Cancer UK have not been used in accordance with the Terms and Conditions of award, Blood Cancer UK will recover the sum in question on whatever terms it may specify. Blood Cancer UK may recover sums owed to it by offsetting them against any other sums (including grant payments) owed to the Host Institution.
8. Transfer of Grant
8.1. If the Grantholder moves to another institution, Blood Cancer UK must be notified at the earliest point.
8.2. Blood Cancer UK accepts requests to transfer grants to another institution within the UK when the destination institution is eligible to receive funding from Blood Cancer UK and is able to support the Research during the tenure of the Grant. The new Host Institution and Grantholder must accept the Terms and Conditions of award. A reconciliation with the existing institution must be completed to agree the remaining award balance to be transferred to the new institution and Blood Cancer UK requires confirmation of the amount from both parties before a transfer can be made.
8.3. If the Grantholder transfers to another acceptable institution during the Grant Period, Blood Cancer UK reserves the right to require that the equipment funded by the Grant is transferred with them.
8.4. If the Grantholder is unable to or does not wish to transfer the Grant, the Host Institution must submit a written request to change the Grantholder with a rationale and cover arrangements. Blood Cancer UK will not unreasonably withhold agreement but reserves the right to undertake required diligence.
9. Progress reporting and scientific publications
9.1. The Grantholder shall submit an annual written report on the progress of the Research using the template supplied by Blood Cancer UK at a specified date each year.
9.2. The Grantholder will submit a final written report to Blood Cancer UK in respect of the conduct and outcome of the Research within three months of its completion using a template supplied by Blood Cancer UK.
9.3. The Host Institution and the Grantholder shall take all necessary steps to disseminate the results of the Research in accordance with normal academic practice. This includes confirmatory, replication and negative result studies. Blood Cancer UK must be acknowledged as whole or part funder in all publications and other relevant documents arising from the Research. The acknowledgement must include the grant reference number provided in the award letter.
9.4. All original research supported in whole or in part by the Grant, that is submitted for publication in a peer-reviewed journal or pre-print server, is subject to Blood Cancer UK’s policy on open access. Blood Cancer UK strongly supports immediate open access publication wherever feasible.
9.5. The publication of the results of the Research may be delayed where reasonably necessary to protect any intellectual property rights that have arisen during the course of the Research in accordance with section 11.
9.6. Grantholders must provide Blood Cancer UK with details of all planned publications arising from the Blood Cancer UK research, whether wholly or partly funded, at the time of initial submission. Details, including a copy of the draft manuscript or pre print, should be provided ensure that Blood Cancer UK is kept fully informed of all results entering the public domain and has sufficient notice to arrange any publicity (see clause 10.2).
9.7. If the Grant is funding a PhD, or MD, Blood Cancer UK must receive a digital copy of the final thesis, subject to any IP protection (see section 11).
9.8. Blood Cancer UK expects new data, reagents and software arising from Blood Cancer UK-funded research to be made available to the scientific community with as few restrictions as possible to maximise the value of the research for patient and public benefit. Such outputs must be shared in a timely manner, utilising open-source repositories, public databases and community-led reagent stores. Grantholders should consider the FAIR Guiding Principles for scientific data management and stewardship’
9.9. Blood Cancer UK reserves the right to collect, use, analyse and share information relating to research funded wholly or in part by the charity, including project summaries, progress and final reports, research outputs, and related data or materials. Such information may be shared with partner organisations, research funders, collaborators, AMRC , NIHR, DHSC, the charity commission and other governmental or regulatory bodies, in accordance with applicable legal, ethical and regulatory requirements, including data protection legislation, and with due regard to the protection of confidential, personal or commercially sensitive information. All progress report templates include a sharing consent statement in which any confidential, personal or commercially sensitive information can be indicated as non-shareable.
10. Publicity and Communications
10.1. Where Blood Cancer UK is the main funder of the research, Blood Cancer UK reserves the right to lead on all publicity relating to the research, in collaboration-operation with the Host Institution and any other funders. Grant holders and Host Institutions are required to contact the research and communications teams at Blood Cancer UK prior to planning any publicity about Blood Cancer UK funded research. Where Blood Cancer UK is not the lead funder, Grant Holders and Host Institutions must keep Blood Cancer UK advised of all planned publicity in advance.
10.2. As outlined in clause 9.6 for planned academic journal publications, Grantholders are required to provide information and a copy of the draft manuscript or link to a pre-print at the time of initial submission. This allows Blood Cancer UK a forward view of upcoming publications and allows time to arrange any publicity, in partnership with the Host Institution and any other funders. Final copies of the manuscripts are required ahead of publication in line with publication embargoes and agreed timing of any social media or research news announcements.
10.3. Grant holders must appropriately acknowledge funding from Blood Cancer UK in all publications, presentations, public engagement activities, or other communications arising from the funded research, using wording and branding provided by Blood Cancer UK including Blood Cancer UK’s logo where possible. In cases where a donor, trust or foundation provides significant financial support restricted to this grant via Blood Cancer UK, the Grantholder will be informed and must also ensure appropriate acknowledgement of the donor, trust or foundation using the appropriate name and logo provided by Blood Cancer UK.
10.4. Any public communications relating to Blood Cancer UK-funded research must accurately represent the research and its findings and must not overstate potential outcomes or impact.
10.5. Blood Cancer UK are keen for researchers to act as spokespeople in partnership with the charity; however any media engagement or public representation on behalf of Blood Cancer UK must always be pre-approved by the charity. Researchers who speak to the media must ensure that their personal views are not misrepresented as being attributable to Blood Cancer UK.
10.6. Blood Cancer UK reserves the right to use data and other material from research that it funds as part of its fundraising or publicity activities. Blood Cancer UK will capture prior written approval from the Grantholder to ensure that no proprietary information is disclosed.
10.7. Grant holders agree to support reasonable requests from Blood Cancer UK to contribute to communications, public engagement and fundraising activities relating to the funded research. This may include but not be limited to:
- Providing quotes, short written contributions, or accessible summaries of research findings suitable for public audiences.
- Participating in media interviews or responding to questions about their research or career.
- Facilitating opportunities for Blood Cancer UK to gather content including photography, video or lab or site visits where appropriate and agreed with the host institution.
- Supporting fundraising and engagement initiatives. This could include but is not limited to hosting lab tours, speaking at fundraising events or actively participating in external meetings and committees.
- Helping identify or provide suitable case studies or patient stories (with appropriate consent) for use in communications and awareness activities.
- Supplying materials such as images, videos, or quotes, for use in communications, awareness, campaigns, funding activities, subject to institutional policies and consent requirements.
- Sharing or amplifying Blood Cancer UK communications via their own professional networks where appropriate.
10.8. Publicity and communications requirements apply during the grant period and may continue for a reasonable period after the grant ends for outcome and impact reporting, public engagement or fundraising follow-up.
11. Intellectual Property
11.1. Intellectual Property Rights
(i) The Parties’ aim is to exploit the outcome of its research so that the understanding, diagnosis and treatment of blood cancer is maximised. Neither the Host Institution nor Blood Cancer UK or its agents shall be under any obligation to protect Intellectual Property and materials where, in the party’s reasonable opinion, this is not deemed the optimal method of achieving Blood Cancer UK’s aim.
(ii) Unless otherwise agreed between Blood Cancer UK and the Host Institution, all rights in the Funded Intellectual Property shall in the first instance, vest in the Host Institution. The Host Institution shall ensure that the contracts of employment or other terms of engagement of the Grant Holder provide for automatic and immediate vesting or assignment as appropriate in the Host Institution of all Funded Intellectual Property.
(iii) If a separate agreement is put in place between Blood Cancer UK and the Host Institution to govern the ownership, protection and exploitation of Intellectual Property Rights then subject to clause 11.1.2 above it will take precedence over these Grant Conditions in the case of any conflict.
(iv) The process for the commercial exploitation for Research varies according to when the Grant Award Letter was issued. Grants awarded under a Grant Award Letter issued prior to 1 January 2023, shall be referred to as a “HI Lead Grant” and the Host Institution shall have the first option to act as Commercialising Party. Grants awarded under a Grant Award Letter issued on or after 1 January 2023, shall be referred to as a “BC Lead Grant” and Blood Cancer UK shall have the first option to act as Commercialising Party. The commercialisation of BC Lead Grants shall be led by Blood Cancer UK or their agent. Unless otherwise specified the provisions of clause 11 will apply to both HI Lead Grants and BC Lead Grants.
(v) The Host Institution shall allow Blood Cancer UK (or its agent) to visit, meet and discuss with Grant Holders the results of the Research and for the purposes of carrying out a Commercial Evaluation. For HI Lead Grants, such visits will take place no more than once each year during regular business hours, and with at least 6 weeks’ notice, unless all parties agree otherwise. For BC Lead Grants there shall be no limit on frequency and reasonable prior notice will be given. All information arising from such visits, meetings and discussions will be kept confidential in order not to compromise the ability to pursue commercial exploitation. Blood Cancer UK (or its agent) may conduct a Commercial Evaluation at its sole discretion.
(vi) For HI Lead Grants, it is the responsibility of the Host Institution and/or the Grant Holder to regularly review any results produced from or arising during the course of the Research, carry out a Commercial Evaluation and identify and inform Blood Cancer UK (or its agent) of any Funded Intellectual Property that could be commercially exploited. For BC Lead Grants if, in the opinion of Blood Cancer UK (or its agent), any results of Research are protectable or have a potential for commercial exploitation then Blood Cancer UK (or its agent) will inform the Host Institution. In any event, both the Host Institution or Blood Cancer UK (or its agent) will promptly notify the other of any opportunities they become aware of for the Funded Intellectual Property to be commercially exploited or otherwise translated to deliver patient benefit.
(vii) Publication or any other form of public presentation of any results of Research must follow the process set out in Clause 9.5 in order to protect the Funded Intellectual Property.
(viii) Where a party declines to exploit, abandons its exploitation or does not exploit within a reasonable (which shall be determined by the parties) time, its rights as Commercialising Party in relation to any Funded Intellectual Property pursuant to clause 11.1.4 it shall be referred to as a declining party in relation to that Funded Intellectual Property and:
(i) the declining party shall notify the other party of its decision not to or to cease to exploit the Funded Intellectual Property without undue delay;
(ii) the other party shall be entitled (but not obliged) to take over as the Commercialising Party in respect of that Funded Intellectual Property;
(iii) Where the Host Institution is the declining party, it shall take all necessary steps in consultation with Blood Cancer UK to ensure Funded Intellectual Property is properly protected in accordance with clause 11.2;
(iv) Where Blood Cancer UK is the declining party it shall (or procure that its agent, as the case may be) assign or licence as appropriate to the Host Institution the relevant rights in the Funded Intellectual Property; and
(v) If neither the Host Institution nor Blood Cancer UK elects to act as Commercialising Party, the Host Institution may request the consent of Blood Cancer UK for the transfer or licence of the necessary rights in Funded Intellectual Property to the relevant inventor(s). Such consent will not to be unreasonably withheld provided always that any income (including shares in spin out companies and all other forms of non-monetary consideration) derived from exploiting the Funded Intellectual Property shall be shared in accordance with the terms of Clause 11.3, irrespective of who is the Commercialising Party.
(vi) The Commercialising Party shall provide the other Party with a written report on its efforts to exploit the Funded Intellectual Property at least once per calendar year.
11.2. Protection of Funded Intellectual Property
(i) In relation to any Funded Intellectual Property where the Host Institution is the Commercialising Party, the Host Institution may conduct its commercialisation of that Funded Intellectual Property through its technology transfer office or partner and may assign such Funded Intellectual Property to its technology transfer office or partner solely for this purpose. Following any such assignment references to the Host Institution shall include its technology transfer office or partner. The Host Institution shall be responsible for ensuring that its technology transfer office or partner complies with the terms of this Agreement.
(ii) In relation to any Funded Intellectual Property where Blood Cancer UK is the Commercialising Party: the Host Institution shall, in consultation with Blood Cancer UK (or its agent), take the steps necessary to protect the Funded Intellectual Property as is reasonable to do having regard to all of the circumstances including relevant commercial considerations. However the Host Institution shall not make (or permit others to make) any application for registered protection (including a patent) in connection with the Funded Intellectual Property without the prior written consent of Blood Cancer UK (or its agent).
(iii) The Commercialising Party shall subject to confidentiality restrictions share with the other party such information including copies of any commercial licences or similar exploitation agreements that are being negotiated or have been entered into upon reasonable request.
(iv) Where Blood Cancer UK (or its agent) is the Commercialising Party the Host Institution will, on request, enter into an appropriate agreement to assign or licence the relevant Funded Intellectual Property to Blood Cancer UK (or its agent) and take such other reasonable actions and provide such other agreements, documents, information and assistance as may be required for the purposes of the protection and commercial exploitation of the Funded Intellectual Property. Where, Blood Cancer UK is the Commercialising Party, it may delegate or sub-contract any and all of its rights and obligations under this clause 11 to its agent as Blood Cancer UK may decide without further reference to the Host Institution.
(v) Other than a permitted assignment under Clause 11.2.1, the Host Institution shall not enter into any agreement to commercially exploit or grant any third party the right to commercially exploit Funded Intellectual Property without first informing Blood Cancer UK (or its agent) and obtaining the written consent of Blood Cancer UK (or its agent), such consent not to be unreasonably withheld. Blood Cancer UK (or its agent) reserves the right to refuse such consent or to grant such consent subject to such terms and conditions as Blood Cancer UK (or its agent) may decide where it considers that the proposed commercial exploitation would run counter to its interests and charitable objectives.
11.3 Intellectual Property Revenue
(i) All sums received by the Commercialising Party in relation to the commercial exploitation of the Funded Intellectual Property shall following reimbursement of Direct Costs (as defined below)(“Net Revenues”) be divided equally between the Host Institution and Blood Cancer UK (or its agent), regardless of which party is the Commercialising Party .
(ii) “Direct Costs” shall mean all reasonable costs incurred by the Commercialising Party in preparing, filing, prosecuting, maintaining, enforcing, defending and exploiting the Funded Intellectual Property including but not limited to:
(i) official patent filing and renewal fees;
(ii) patent agents’ costs, legal fees and expenses and other third party advisory and consultancy fees and expenses;
(iii) travel and out-of-pocket expenses;
(iv) time spent and accounted for by the Commercialising Party’s technology transfer office (if any in the case of the Host Institution) in carrying out activities pursuant to this clause 12 to be chargeable at cost.
(v) courier charges and third party printing costs;
(vi) where Blood Cancer UK is the Commercialising Party all sums expended by Blood Cancer UK or their agents in the further development of the Funded Intellectual Property over and above any payments made by Blood Cancer UK to the Host Institution in its sponsorship of the Research programme giving rise to such Funded Intellectual Property, and which is not recoverable from a third party; and
(vii) any non-recoverable taxes or charges (including non-recoverable VAT) which may be imposed; and
(viii) any other related costs and expenses.
(iii) For clarity, the revenue sharing obligations contained in clause 11.3.1 in respect of any Funded Intellectual Property shall subsist for as long as income from exploitation of the Funded Intellectual Property is generated or may potentially be generated.
(iv) From the date that revenue starts to be received the Commercialising Party will account to the other Party annually for the other party’s share of Net Revenue on or before 30 November, in pounds sterling, to the bank account nominated by such other Party from time to time. The Commercialising Party will provide the other Party with an annual written statement detailing the revenue received during the year to 31 October and a breakdown of all the Direct Costs deducted.
(v) The Host Institution shall be solely responsible for accounting and making distributions to the Grantholder and other Research Personnel and all other inventors and other staff or individuals at the Host Institution who may be entitled to a share of the Net Revenue.
(vi) In the event that parties other than Blood Cancer UK contribute to the generation of Funded Intellectual Property, or the Funded Intellectual Property is exploited as part of a wider portfolio of intellectual property (“IP Bundle”), Blood Cancer UK (or its agent) shall meet with the other parties to agree who should assume responsibility for exploitation and a revenue share which reflects the relative contributions of all parties. For the avoidance of doubt, it is expected that the revenue share principles described in 11.3.1 shall apply only to the portion of Intellectual Property Rights in the IP Bundle that is attributed to Blood Cancer UK funding. The Host Institution shall procure that Grantholders inform Blood Cancer UK of all other financial assistance to their projects and related intellectual property rights as and when they become aware of the same. By way of example only, where the Grant accounts for 40% of the total grant funding used to support Research, Blood Cancer UK will be entitled to 20% of Net Revenue.
(vii) The Commercialising Party will keep full and complete financial records documenting all Net Revenue and shall make such records available to the other Party for inspection on receipt of reasonable notice.
(viii) Blood Cancer UK (or its agent) shall have the right to inspect the books and records of the Host Institution, which relate Net Revenue. Such inspections will take place no more than once each year during regular business hours, and upon at least 6 weeks’ prior notice, unless all parties agree otherwise (save that notice shall not be necessary in the case of an emergency).
12. Consultancies and Commercial Research
12.1. The Host Institution shall not enter into, or permit individual Grantholders to enter into, consultancies, directorships, third party restrictions or arrangements which may give rise to conflicts of interest with or affect the Research without the prior agreement of Blood Cancer UK.
12.2. The Host Institution and Grant Holders must avoid any conflicts of interest in relation to the Research and notify Blood Cancer UK if any conflict of interest arises.
12.3. Grantholders/Research Personnel in receipt of salary support from Blood Cancer UK must ensure that their time commitments to commercial organisations and other non-research activities are compatible with the policies of the Host Institution and any conditions in the Grant Award Letter.
12.4. Blood Cancer UK-funded Research Personnel must disclose to their institution benefits in cash (or equivalent value) in excess of £10,000 per annum or benefits in equity of any level, received either as compensation for work undertaken for a commercial organisation, or in consideration of the transfer of intellectual property.
13. Liability, Insurance and Indemnity
13.1. Blood Cancer UK accepts no responsibility for costs or liabilities incurred in connection with the Research or other work funded by a Blood Cancer UK award other than those costs specifically set out in the Grant Award Letter and in these Terms and Conditions.
13.2. Blood Cancer UK will not be responsible for liabilities arising out of the acts or omissions of the Host Institution, the Grant Holder, or others involved in the Research or other work funded by a Blood Cancer UK Grant and the Host Institution hereby indemnifies Blood Cancer UK against any costs, claims or liabilities suffered or incurred by Blood Cancer UK as a result of any action, claim or complaint brought by a third party against Blood Cancer UK arising out of or in connection with the Research or other work.
13.3. Blood Cancer UK is not liable for loss or injury caused or deemed to be caused by the use or misuse of any equipment funded under the Grant.
13.4. Blood Cancer UK requires the Host Institution to maintain an appropriate insurance policy in place to cover its liability in respect of any death or personal injury caused by its conduct in a Blood Cancer UK-funded clinical trial as per the relevant Local Research Ethics Committee/HRA approval. Blood Cancer UK does not provide indemnity cover for or accept any liability for harm to participants in Blood Cancer UK-funded trials.
14. Professional Misconduct
14.1. The Host Institution must use best endeavours to mitigate against the risk of incidences of bullying, harassment, research misconduct and/or fraud occurring during the term of the Grant.
14.2. The Host Institution must have in place formal written procedures for the handling of allegations of bullying, harassment, research misconduct and/or fraud should they arise. The procedure(s) must be made available to Blood Cancer UK upon request.
14.3. Blood Cancer UK reserves the right to investigate any aspect of alleged fraud or misconduct itself as it reasonably sees fit and the Host Institution shall provide assistance and information to Blood Cancer UK for that purpose.
14.4. The Host Institution hereby agrees that it will promptly notify Blood Cancer UK in writing if a misconduct incident arises during the term of the Grant and will keep Blood Cancer UK appropriately informed of developments in relation to the same.
14.5. Blood Cancer UK agrees to keep all information it receives under this as strictly confidential, except where disclosure is required by law or where the Host Institution gives written consent to such disclosure.
14.6. Where allegations in relation to a Misconduct Incident are investigated and upheld, Blood Cancer UK reserves the right to impose appropriate sanctions, which may include (but are not restricted to):
(i) Request for removal of staff from a particular project;
(ii) Request for retraction of published material;
(iii) Monitoring of future work;
(iv) Withdrawal of funding;
(v) Termination of Grant
14.7 Where Blood Cancer UK reasonably believes that any of the following circumstances apply, Blood Cancer UK may take out Institutional Sanctions against the Host Institution:
(i) The Host Institution has failed to respond to a bullying and/or harassment complaint promptly and objectively;
(ii) There has been institutional-level failure to instigate or complete disciplinary procedures;
(iii) there has been a serious failure at the Host Institution to effectively ensure appropriate workplace conduct standards are observed.
15. Variation and Termination
15.1. All Grants awarded by Blood Cancer UK are subject to the Terms and Conditions that apply at the time the Grant is awarded and any subsequent amendments. Blood Cancer UK reserves the right to amend these Grant Terms and Conditions and the Grant Policies from time to time. Blood Cancer UK will publish any change to the Grant Conditions or the Grant Policies on its website.
15.2. In the event of a conflict between the provisions of these Grant Conditions as amended from time to time and of the Grant Award Letter, the provisions of the Grant Award Letter will take precedence.
15.3. Blood Cancer UK reserves the right to withhold or suspend the Grant with immediate effect if there is a financial or other substantial reason to do so.
15.4. Blood Cancer UK reserves the right to terminate the Grant with sixty (60) days’ written notice if there is a financial or other substantial reason to do so.
15.5. For the avoidance of doubt, a ‘substantial reason’ under clauses 15.3 and 15.4 shall include (without limitation) if a Host Institution breaches clause 14.4 and if allegations relating to a Misconduct Incident are upheld against a Grant Holder as set out in clause 14.6.
15.6. Blood Cancer UK reserves the right to terminate the Grant with immediate effect if the Host Institution is in breach of any of its obligations hereunder and fails to remedy such breach where it is capable of remedy within sixty (60) days of a written notice from Blood Cancer UK specifying the breach and requiring its remedy.
15.7. Blood Cancer UK reserves the right to terminate the Grant with immediate effect if the Host Institution does anything which in the opinion of Blood Cancer UK brings or is reasonably likely to bring Blood Cancer UK’s reputation into disrepute.
16. Governing Law
16.1. These Grant Conditions shall be governed by and construed in accordance with English law. The Host Institution and the Grant Holder(s) irrevocably submit to the exclusive jurisdiction of the English Courts to settle all matters in connection with the Grant Conditions.