These terms and conditions govern the Call for Applications from Nesta (or "we") working with Arts Council of Wales for organisations to apply to our the Digital Innovation Fund for the Arts in Wales ("the Fund"). These terms and conditions apply to applications for the second and third phases of the Fund, namely stage 2 “Build Teams and Generate Ideas” and stage 3 “Research and Develop”.
Please read these terms and conditions carefully before submitting an application to the Fund. By submitting an application, you accept these terms and conditions and agree to comply with them. The arts organisation identified in your application ("the Application ") will be treated as the lead organisation for the Application and will be responsible for compliance with these terms and conditions by its partners and anyone else involved in its Application.
1. What happens after you apply?
1.1 Following the submission deadline set out in the Call for Applications, we will assess (with Arts Council of Wales, and our partners) any applications received which satisfy the eligibility criteria set out in the Call for Applications against the selection criteria set out in the Call for Applications. We may invite you to participate in an interview with the Fund Selection Committee, which will take place in January 2016, interviews will be held in Cardiff, Wales.
1.2 We intend to inform successful applicants by the end of January 2016. Successful applicants will be expected to attend an induction at the start of February 2016 and that will mark the start of the Fund and where applicants will be expected to work further on their Applications cooperatively with Nesta, our partners and researchers.
1.3 The decision of Nesta, Arts Council of Wales and our partners about eligibility; selection of successful applicants; the spread of projects to be included in the programme; and the amount and type of support to be provided (if any) shall be final and no correspondence shall be entered into with unsuccessful applicants.
1.4 Participation in workshops, any interviews, further development of applications, monitoring, research and evaluation by Nesta, Arts Council of Wales 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 February 2016 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 Application 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 applications; to suspend or withdraw the Call for Applications 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 application 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, your project is outside Nesta's charitable objects, 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 Applications 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 an Application for the Fund, you confirm for yourself and your partners that:
- you satisfy the eligibility criteria set out in the Call for Applications 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 Application and comply with these terms and conditions, including from any technology service providers working on your Application
- 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 or Arts Council of Wales (including with their trustees, officers or employees) in making this 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 Fund and to carry out evaluation and research. We may share this information and data collected in relation to your Application with Arts Council of Wales and anyone else helping us to run, evaluate or carry out research in relation to your Application and the Fund, subject to appropriate obligations of confidentiality and data protection.
3.2 Nesta and Arts Council of Wales 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 Application, 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 Application, photographs/recordings of your participation in the Fund and data collected in relation to your Application, 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 and Arts Council for Wales and be approved by us in advance. You or your licensors will retain all intellectual property rights in any technology or materials arising from your Application.
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.
Nesta is a charity registered in England and Wales with charity no. 1144091 and in Scotland with no. SC042833, and a company limited by guarantee registered in England and Wales with company number 7706036. Our registered office is 58 Victoria Embankment, London EC4Y 0DS.