These terms and conditions govern the Call for Proposals from the National Endowment for Science, Technology and the Arts ("NESTA" or "we") for organisations and individuals applying to our Destination Local Programme ("the Programme"). Please read these terms and conditions carefully before submitting a proposal to the Programme. By submitting a proposal, you accept these terms and conditions and agree to comply with them. The organisation or individual identified in your proposal ("the Proposal ") will be treated as the lead organisation or individual 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.
1.2 We intend to inform successful applicants by Thursday 28 June 2012. Successful applicants will be expected to attend a programme kick-off workshop on 11 July 2012 that will mark the start of the Programme and where applicants will be expected to work with NESTA, our partners and researchers. All successful applicants must attend this workshop.
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 Programme. 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 11 July 2012, 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 Programme. You agree to take independent legal advice if you are concerned about these terms and conditions or your participation in the Programme.
1.6 We reserve the right to refuse to accept any proposals; to suspend or withdraw the Call for Proposals or the Programme at any time; to vary the form and substance of the Programme or extend the deadlines; to reduce or increase the number of applicants selected or the amount of support available under the Programme; and/or to reject any proposal or withdraw a place on the Programme if you or your partners are in breach of these terms and conditions, fail to participate fully in the Programme or in the event of an actual or potential conflict of interest. If any selected applicant subsequently withdraws or is withdrawn from the Programme, 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 Programme, you confirm for yourself and your partners that:
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 Programme and to carry out evaluation and research. We may share this information and data collected in relation to your Proposal with the Welsh Government, Creative Scotland and anyone else helping us to run, evaluate or carry out research in relation to your Proposal and the Programme, as well as the Technology Strategy Board in respect of their parallel call, subject to appropriate obligations of confidentiality and data protection.
3.2 We may carry out publicity and promotion for the Programme and publish our research and evaluation in relation to the Programme, 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 Programme 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 Programme and data collected in relation to your Proposal, including but not limited to your application video, in promotion and publications relating to the Programme. Any publicity which you or your partners wish to carry out in relation to the Programme must acknowledge NESTA 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 Programme, 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 Programme. 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.
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Nesta Operating Company, a company limited by guarantee registered in England and Wales with company number 7706036 and charity number 1144091. Registered as a charity in Scotland number SC042833.
