Terms and conditions

Terms and conditions for the Digital Research and Development Fund for Arts and Culture

Digital R&D Fund for Arts and Culture

Terms and conditions

These terms and conditions govern the Call for Proposals from the National Endowment for Science, Technology and the Arts ("NESTA" or "we") working with Arts Council England and the Arts and Humanities Research Council ("AHRC") for arts and cultural organisations to apply to our Digital R&D Fund for Arts and Culture ("the Fund").  Please read these terms and conditions carefully before submitting a proposal to the Fund.  By submitting a proposal, you accept these terms and conditions and agree to comply with them. The arts and cultural organisation identified in your proposal ("the Proposal ") will be treated as the lead organisation for the Proposal and will be responsible for compliance with these terms and conditions by its partners and anyone else involved in its Proposal.

1.         What happens after you apply?

1.1       Following the submission deadline set out in the Call for Proposals, we will assess (with our partners) any proposals received which satisfy the eligibility criteria set out in the Call for Proposals against the selection criteria set out in the Call for Proposals. We are intending to invite a number of applicants to participate in interviews with the Fund Selection Committee which will take place from early September till mid-September 2011, most likely in London.

1.2      We intend to inform successful applicants by end September 2011. Successful applicants will be expected to attend a collaborative workshop on 26th and 27th September 2011 that will mark the start of the Fund and where applicants will be expected to work further on their Proposals with NESTA, our partners and researchers. 

1.3          The decision of NESTA and our partners about eligibility; selection of successful applicants; and the amount and type of support to be provided (if any) shall be final.

1.4          Participation in workshops and interviews, monitoring, research and evaluation by NESTA and our partners is a condition of participation in the Fund. Any financial or other support awarded by NESTA will be subject to satisfaction of all relevant legal and regulatory requirements, signature of appropriate legal documentation by 31 October 2011 and completion of appropriate milestones. No additional funding will be awarded or expenses covered. VAT is not payable on grants.

1.5          You and your partners must bear any costs relating to the submission of your Proposal and participation in the Fund. You agree to take independent legal advice if you are concerned about these terms and conditions or your participation in the Fund.

1.6          We reserve the right to refuse to accept any proposals; to suspend or withdraw the Call for Proposals  or the Fund at any time; to vary the form and substance of the Fund or extend the deadlines; to reduce or increase the number of applicants selected or the amount of support available under the Fund; and/or to reject any proposal or withdraw a place on the Fund if you or your partners are in breach of these terms and conditions, fail to participate fully in the Fund or in the event of an actual or potential conflict of interest. If any selected applicant subsequently withdraws or is withdrawn from the Fund, we may select a replacement, but will not be obliged to do so.

1.7          We reserve the right to vary the Call for Proposals or these terms and conditions at any time and at our sole discretion.  Variations will take effect from the date posted on our website so you must check this page regularly to see the current version. If you provide us with a contact email address, we will aim to notify you of any changes.

2                Your promises to us

By submitting a Proposal for the Fund, you confirm for yourself and your partners that:

• you satisfy the eligibility criteria set out in the Call for Proposals and all information and materials provided to NESTA by you or your partners are true, accurate and complete and you will notify us immediately of any changes to information or materials provided
• you have provided us with all information which might reasonably be thought to be relevant or necessary for us to consider your application
• you and your partners have, or will obtain as required, all authorisations, registrations, licences, consents and permissions necessary to submit your application, carry out your Proposal and  comply with these terms and conditions, including from any technology service providers working on your Proposal
• in participating in the Fund, you and your partners will act lawfully, ethically and in good faith and will comply fully with equality and anti-bribery legislation and with any other applicable laws, regulations, guidelines and codes of practice, and will comply with our reasonable requirements, including in relation to health & safety and security, while attending interviews and workshops as part of the Fund
• neither you nor any of your partners has any actual or potential conflict of interest with NESTA (including with our trustees, officers or employees) in making this proposal or complying with these terms and conditions and you will immediately inform us if you become aware of any such conflict of interest

3                Use of Information

3.1          We will use information which you or your partners provide, including contact details for your staff and your partners' staff, to administer the Fund and to carry out evaluation and research. We may share this information and data collected in relation to your Proposal with the Arts Council England, AHRC and anyone else helping us to run, evaluate or carry out research in relation to your Proposal and the Fund, subject to appropriate obligations of confidentiality and data protection.

3.2          We may carry out publicity and promotion for the Fund and publish our research and evaluation in relation to the Fund, including data collected in relation to your Proposal, although we will not publish any confidential, sensitive or personal information without your consent. You agree that you and your partners will participate in publicity for the Fund and consent on behalf of you and your partners to the use of the names of your organisations, a summary of your Proposal, photographs/recordings of your participation in the Fund and data collected in relation to your Proposal, in promotion and publications relating to the Fund. Any publicity which you or your partners wish to carry out in relation to the Fund must acknowledge NESTA, Arts Council England and AHRC and be approved by us in advance.

3.3           You acknowledge that we and our partners are subject to the Freedom of Information Act 2000 ("the FOIA") and agree to assist us in complying with our obligations under the FOIA.  We will solely determine whether or not any information is exempt under the FOIA and what information, if any, should be disclosed in response to a request under the FOIA. We acknowledge that you and your partners may also be subject to the FOIA.

3.4          You or your licensors will retain all intellectual property rights in any technology or materials arising from your Proposal.

4          Limitation of Liability

4.1       We will not be liable to you, your partners or anyone else in respect of any direct or indirect loss, economic loss or loss of opportunity arising as a result of your application to the Fund, any breach by NESTA of these terms and conditions or any reliance by you on any statement made or advice given by us, our partners or contractors, or any dispute between you and your partners. We do not make any warranty about the accuracy or completeness of the information provided by NESTA about the Fund.  Any dispute between you and/or your partners and/or any other applicant must be resolved between you and independently of NESTA.

4.2       Without prejudice to Clause 4.1, our maximum liability to you or anyone else under these terms and conditions (if any) will be limited to £500. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence or fraudulent misrepresentation made by us.

5           Governing Law and Jurisdiction

             These terms and conditions shall be governed by and interpreted in accordance with the laws of England and Wales and both parties hereby submit to the exclusive jurisdiction of the English courts.