Digital Makers Open Call terms and conditions

These terms and conditions govern the Open Call for Ideas from Nesta Operating Company ("Nesta" or "we") for our Digital Makers programme ("the Programme").  Please read these terms and conditions carefully before submitting an application or an Expression of Interest to the Programme.  By submitting an application or an Expression of Interest, you accept these terms and conditions and agree to comply with them. The lead organisation identified in the application and or Expression of Interest 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 We will assess (with our partners) any applications received by the deadline set out in the Call for Ideas and which satisfy the eligibility criteria set out in the Call for Ideas against the selection criteria set out in the Call for Ideas. As outlined in the Call for Ideas, shortlisted applicants will be invited to present to a selection panel.  We currently intend to inform the shortlisted applicants of our decision by 31 March 2013.

1.2 The decision of Nesta and our partners about eligibility, about selection of applicants for the Programme, and about the amount and type of support to be provided (if any), shall be final. We may only fund applications which meet our charitable objects.

1.3 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 and completion of appropriate milestones. Financial support provided by Nesta may not cover all the costs of your project and VAT is not payable on grants. 

1.4 You and your partners must bear any costs relating to the submission of your application, Expression of Interest 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. Unless otherwise stated, each applicant may make only one application to the Programme.

1.5 We reserve the right to refuse to accept any applications; to suspend or withdraw the Call for Ideas 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 for each Phase or the amount of support available under the Programme; and/or to reject any proposal or withdraw a place on the Programme if you 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 applicant, but will not be obliged to do so. 

1.6 We reserve the right to vary the Call for Ideas or these terms and conditions at any time and at our sole discretion.  Variations will take effect from the date they are 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 an application for the Programme or an Expression of Interest, you confirm on behalf of yourself and your partners that:

• you satisfy the eligibility criteria set out in the Call for Ideas 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 or Expression of Interest
• 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
• in participating in the Programme, 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 Programme
• 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 your application 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 Programme, administer and respond to Expressions of Interest, and to carry out evaluation and research. We may share this information with our partners (including but not limited to the Nominet Trust and anyone else helping us to run or evaluate the Programme, 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, although we will not publish any confidential, sensitive or personal information. 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, and photographs/recordings of your participation in the Programme, in promotion and publications relating to the Programme in any media and online. Any publicity which you or your partners wish to carry out in relation to the Programme must acknowledge Nesta and Nominet Trust and be approved by us in advance.

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 or Expression of Interest 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. 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.