These terms and conditions govern the Call for Solutions from Nesta, working with the Cabinet Office and DCMS, for the Partnership (“the Programme”).
Please read these terms and conditions carefully before applying to the Programme. By applying and any further proposals, you accept these terms and conditions and agree to comply with them.
The lead organisation identified in the application will be responsible for compliance with these terms and conditions by its partners and anyone else involved in its proposal.
1.1 We will assess (with our partners) any Applications received by the deadline set out in the Call for Solutions and which satisfy the eligibility criteria set out in the Call for Solutions, against the selection criteria set out in the Call for Solutions, including in the FAQ. Please therefore read these carefully..
If you encounter any physical difficulties in completing the application process, please let us know so we can consider what reasonable adjustments can be made.
1.2 The decision of Nesta and its 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 publish general feedback on applications to the Programme, but will not provide detailed individual feedback or enter into correspondence with individual applicants.
1.3 Any financial or other support awarded by Nesta will be subject to acceptance of our grant conditions, satisfaction of legal and regulatory requirements and completion of appropriate milestones. We can only fund projects which advance our charitable objects and provide public benefit, and we may impose conditions and restrictions on private benefit or profit that may be derived from our support. 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 the costs of submitting an Application and any further formal proposal and of participating in the Programme. You must take independent legal advice if you are concerned about these terms and conditions or your participation in the Programme.
1.5 We reserve the right to refuse to accept any Application and/or further formal proposal; to determine whether Applications are in need of grant funding; to suspend or withdraw the Call for Solutions 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; and/or to reject any Application or further formal 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.
1.6 We reserve the right to vary the Call for Solutions 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.
By submitting an Application for the Programme, you confirm on behalf of yourself and/or your partners that:
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 with the Cabinet Office, DCMS or anyone else helping us to run or evaluate the Programme and with other organisations funded through the Programme, to be used for the purposes of the Programme.
We will also let you know about other Nesta and related events and activities that may be of interest, unless you tell us that you don’t want to receive this.
3.2 Nesta, Cabinet Office, DCMS and our partners may carry out publicity and promotion for the Programme and publish our research and evaluation in relation to the Programme. You agree that you and/or your partners will participate in this publicity and you consent on behalf of you and/or 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.
3.3 You must identify and notify to us in writing any commercially confidential or commercially sensitive information submitted during the course of the Programme. We may share that information with our staff, Cabinet Office, DCMS, partners and anyone helping us to administer the Programme, to the extent necessary to enable them to perform their duties in relation to the Programme and subject to obligations of confidentiality, but shall otherwise endeavour not to disclose that information to any third party and to adopt appropriate technical measures to prevent unauthorised access to that information.
Any publicity which you and/or your partners wish to carry out in relation to the Programme must acknowledge Nesta, Cabinet Office and DCMS and be approved by us in advance.
4.1 Nesta, the Cabinet Office, DCMS, and our partners 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 or your submission of any further formal proposals, 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 paragraph 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.
You will retain all intellectual property rights in the results and materials (including but not limited to any data, know-how and information), generated by you while participating in the Programme (the “Programme IPR”) and no rights in Programme IPR shall be transferred to us or our Partners. You shall have sole responsibility at your own cost for filing, prosecuting, maintaining, defending and enforcing any Programme IPR. If you are applying as a consortium, you shall have sole responsibility for managing Programme IP ownership between your consortium and ensuring you have sufficient rights to exploit Programme IP.
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.