THIS DOCUMENT IS LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. BY USING OUR APPLICATION SITE YOU AGREE TO ABIDE BY ITS TERMS. IT CREATES BINDING OBLIGATIONS UPON YOU. IF YOU DO NOT UNDERSTAND ANY OF ITS TERMS PLEASE CONTACT US AT REBECCA.THOMPSON@FILMCITYFUTURES.COM OR SEEK ADVICE FROM YOUR LOCAL CITIZENS ADVICE BUREAU OR A LAWYER.

 

ELIGIBILITY CRITERIA

Businesses applying to the FOCUS project will acknowledge that the following criteria for participation will apply: 

  • They will demonstrate during the engagement period that they understand and can identify specific areas of their business performance they wish to improve, and the potential outcomes.  

  • They will evidence that the support available through the FOCUS project cannot be funded solely in-house, through a parent company, or existing resources or reserves.  

  • Where applicable, they will provide full and transparent access to the operational and financial affairs of the business (subject to appropriate confidentiality agreements).  

  • They will participate fully and timeously in any related monitoring and evaluation work being undertaken on behalf of the Project Delivery Leads.  

  • For all funded activity, they will provide evidence that they have the time and financial resources to participate and complete the activity within an agreed time frame.  

  • Acknowledge that participation payments to Film City Futures, as lead project administrator, from your business will be subject to staging dates agreed in advance, with continuing participation and funding contingent on adherence to the contracted payment schedule.  

  • A willingness to work towards well defined objectives and present full disclosure of successes or failures attributable to participation in the project. 

  • Acknowledge that participation in the FOCUS project will require a cash financial commitment from each participant, and explicitly, in-kind costs will not be considered.  

 

APPLICATION PROCESS 

Please submit your application using the online form after reading the Application Guidelines.  

The deadline for receipt of applications is 11.59pm on 14th August 2017.  

Receipt of your application will be acknowledged immediately by email. If you do not receive a email to confirm that your application has been received, please contact the FOCUS delivery team

Applications will be assessed against the eligibility criteria. From the eligible applications received, FOCUSwill make a selection of participating companies based on the Selection criteria (eligibility and selection criteria are outlined here). 

All applicants will be contacted after the selection process.  Unsuccessful applicants will be given feedback, and may apply to the next round.  Successful applicants will be contracted. 

 

PARTICIPATION PROCESS 

Successful applicants will be required to take part in Stage 1 and Stage 2 of the process.

 

DE MINIMIS AID 

The project is co-funded by partners Creative Scotland and Scottish Enterprise, and as such any offer of support will be subject to the de minimis aid regulations as described below.

If you are currently in receipt, or have previously had public sector support, you should have been notified in writing of any de minimis element when the aid was awarded. You should have also been notified of the type of de minimis aid that you have received. The most common type of deminis aid is ‘general’ de minimis. If applicable, prior to granting de minimis aid, Film City Futures must obtain a declaration from the applicant business, in written or electronic form, about any other de minimis aid – either to your company or any company that you are linked to. 

Under EC Commission Regulation No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty to de minimis aid (“the Regulation”), there is a ceiling of €200,000 for all de minimis aid provided to any one recipient over a 3 year period. Any award of grant given under the Regulations will be relevant if the applicant business wishes to apply, or has applied, for any other de minimis aid. For the purposes of the Regulation, the applicant business must retain details of the Grant for 3 years from the date on which it receives the last instalment of the Grant and produce it on any request by the UK or European public authorities. 

 

CONFIDENTIALITY

Film City Futures and the project partners acknowledge that all information provided as part of the application process will be treated confidentially. 

 

APPLICATION WEBSITE TERMS

1                   Introduction

1.1              This application website (this “Application Application Website”) is provided to you by Jump Cut Crew t/a Film City Futures, a registered Scottish charity with charity number SC031842, a company incorporated in Scotland with company number SC220474 and having its registered office at Film City Glasgow, 401 Govan Road, Glasgow, G51 2QJ (“we”, “our”, “us”). 

1.2              The Application Website is available for use by persons over the age of eighteen (18) years and who can enter into legally binding contracts only. If you are under the age of eighteen (18) years or cannot enter into a legally binding contract please do not use the Application Website.

1.3              You may use the Application Website only as set out in these terms (this “Agreement”).

1.4              By accessing or using the Application Website you accept the terms of this Agreement. Where you submit an application for co-financing, any award is made subject to our award terms (see below).

1.5              You are responsible for making all arrangements necessary for you to use the Application Website. You are responsible for ensuring that any devices or software you use in connection with the Application Website meet all relevant technical specifications required to use the Application Website (as appropriate). We shall not be liable to you for any loss, cost, expense or damage arising as a result of any technical incompatibility between the Application Website and any of your devices or software, for example any incompatability which results in a failure to submit any application for co-financing timeously..

1.6              You are also responsible for ensuring that all persons who access the Application Website through any device you own or control are aware of these terms and that they comply with them. 

1.7              The terms of this Agreement do not affect your rights under applicable law. For more information upon these rights please contact a lawyer, or your local Citizens Advice Bureau.

1.8              The Application Website is available, and may be used, only by those resident in Scotland. The Application Website is not appropriate or available for use in locations outside Scotland. Where you use the Application Website in other locations you do so at your own risk and are responsible for compliance with all laws applicable to such location. If use of the Application Website is contrary to or infringes any applicable law in your place of use, you are not authorised to use the Application Website and the Application Website is not made available to you.

2                   Rights to use

2.1              The Application Website to operate is protected by international copyright laws and other intellectual property rights. You acknowledge that we are the owner or the licensee of all rights (including all intellectual property rights) in or relating to the Application Website, including all software relating thereto.

2.2              We grant you no rights to use the Application Website other than as stated in this Agreement. We reserve all rights in and to the Application Website not expressly granted to you under this Agreement. Nothing contained in this Agreement should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use the Application Website without our express written permission. The Application Website is licensed, not sold, to you.

2.3              Your right to use the Application Website is limited to a non-transferable right to use the Application Website on any device that you own or control.

2.4              You are not permitted to use the Application Website on any device that you do not own or control.

2.5              You must not:

2.5.1      rent, lease, lend, sell, redistribute or sublicense the right to use the Application Website; or

2.5.2      decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, translate, merge, adapt, vary, alter, or create derivative works based upon the software enabling the Application Website.

2.6              You must not use the Application Website:

2.6.1      to distribute material which is malicious or technologically harmful; defamatory of any person; obscene, offensive, hateful or inflammatory;  insensitive; which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; which discloses the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than where you have the express written permission of that individual to disclose such information; which may be in contempt of court; which is likely to harass, upset, embarrass, alarm or annoy any other person; or which is contrary to the policies or rules of any provider of means to access the Application Website;

2.6.2      to impersonate any person, or misrepresent your identity or affiliation with any person;

2.6.3      to advocate, promote, incite any third party to commit, or assist any violent, unlawful or criminal act;

2.6.4      to engage or promote engagement in crime or disorder;

2.6.5      to exploit or promote the exploitation of any person, including any child or vulnerable person;

2.6.6      to engage or promote engagement in bullying, harassment, ridicule, hate speech, or other unsociable conduct;

2.6.7      to distribute any material which you know or believe, or have reasonable grounds for believing, is or is likely to be construed as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

2.6.8      to attempt to gain unauthorised access to any server, computer or database;

2.6.9      in a manner that imposes an unreasonable or disproportionately large load on our infrastructure, or that of any third party;

2.6.10   to infringe, or to seek to infringe, rights held by third parties;

2.6.11   to breach any legal duty owned to any third party;

2.6.12   for any purposes prohibited by the law of the United Kingdom, or applicable in your place of use of the Application Website; or

2.6.13   in pursuit of the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

2.7              If you breach this clause we have the right to report any such breach to the relevant law enforcement authorities and any other relevant person and we will co-operate with those authorities and persons by disclosing your identity to them. In the event of such a breach, your right to use the Application Website will cease immediately.

2.8              You must not attempt in any way to remove or circumvent any technical protection measures applied to the Application Website to prevent unauthorised use, copying or misappropriation thereof or of the intellectual property relating thereto, or apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.

3                   Data we gather from you

3.1              You acknowledge that through your use of the Application Website we will collect and process personal data concerning you, persons using the Application Website through your device, and persons mentioned in such use of the Application Website Including within any application submitted through the Application Website). You acknowledge that we may wish to disclose such personal data.

3.2              You acknowledge that for the purposes of data protection legislation we shall be the controller of this personal data.

3.3              Personal data collected and processed by us may include names, addresses, contact information, information concerning personal preferences, information concerning devices, their operating systems, other software installed thereon, and their manner of operation, information concerning the location of such devices and their users, information given to us when corresponding with us, and information provided when engaging in "opt in" and "opt out" elements of our Application Website.

3.4              You agree that we may collect, process and disclose this personal data for the following purposes. Where a person uses the Application Website through your device, or is mentioned in use of the Application Website, you must ensure that they agree to the collection, processing and disclosure of their personal data for the following purposes. We recommend that you bring the terms of this Agreement to their attention.

3.5              The purposes referred to above are:

3.5.1      to provide, maintain and operate the Application Website;

3.5.2      to administer applications for co-financing, and to provide or administer co-financing granted pursuant to successful applications;

3.5.3      to protect the rights, property and safety of others;

3.5.4      to respond to queries;

3.5.5      to develop the Application Website, the co-financing schemes administered through it, and to help ensure the Application Website operates in a manner suited to its users’ needs and preferences; and

3.5.6      to publicise the Application Website, the sources of co-financing available through it, and previously financed work.

3.6              Pursuant to the foregoing you acknowledge that without limitation personal data may be disclosed to Creative Scotland, a public body established by the Public Services Reform (Scotland) Act 2010 and having its place of business at 249 West George Street, Glasgow, G2 4QE ("Creative Scotland") and/or Scottish Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990 and having a principal office at Atrium Court, 50 Waterloo Street, Glasgow G2 6HQ ("Scottish Enterprise").

3.7              You also have a right at any point in time to ascertain from us what personal data we hold concerning you. This right may be exercised by contacting us via the email address rebecca.thompson@filmcityfutures.com and we reserve the right to levy a charge of £10.00 upon you to cover our reasonable expenses prior to informing you regarding what personal data we hold concerning you.

3.8              You acknowledge that in all events any information or data we gather from you may be transmitted to and stored by our Application Website providers. These Application Website providers may be located outside of the European Economic Area, and as such may provide a lesser standard of protection in respect of your information and data than we do. Whilst we will use reasonable endeavours to ensure that our Application Website providers provide a reasonable standard of protection concerning your personal data we make no guarantees in this respect.

4                   Material you submit through the Application Website

4.1              You warrant that any material submitted by you (or any person using your device) through the Application Website shall:

4.1.1      be accurate (where it states facts);

4.1.2      be genuinely held (where it states opinions); and

4.1.3      comply with all applicable laws in any country from which it is posted, through which is may be transmitted, and in which it may be read.

4.2              You grant to us the right to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise information or material submitted through the Application Website by you or any person using your device to enable the operation of the Application Website and in connection with its purposes, including without limitation to administer any co-financing schemes made available through the Application Website, to publicise the Application Website, the sources of co-financing available through it, and to publicise previously financed work. You acknowledge that we may permit others to exercise these rights, including Creative Scotland and Scottish Enterprise.

4.3              You are guaranteeing that you have the ability and all necessary permissions to grant to us the rights described in clause 4.2. If you are not able to grant to us these rights, please do not submit such information or material. In relation to any such information or material all moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 are waived as are so far as is legally possible, any broadly equivalent rights in any territory of the world. However, we will where reasonably possible

4.4              Whilst we will try to keep a copy of all material and information submitted through the Application Website we do not guarantee that we will retain any information or material submitted through the Application Website. You are advised to retain a copy of such information and material in your possession.

5                   Passwords

5.1              If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to or use of the Application Website, you must treat such information as confidential, and you must not disclose it to any third party. 

5.2              We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to or use of the Application Website at any time where we believe you are (or any person using your device is) in breach or likely to breach the terms of this Application Website Agreement.

5.3              You must immediately notify us if you have reason to believe any user identification code, login, password, or any other piece of information enabling access to or use of the Application Website provided by us to you has become known to any third party.

6                   Funding terms

6.1              Where you are required to provide information upon our Application Website in connection with any application for co-financing, all information provided must be accurate and complete and not misleading. You must not omit any information which is of material relevance to your application. In particular you must include information concerning all other public funding or financing you have received or are due to receive, and all other sources of funding and financing relating to the matter in connection with which co-financing is sought or which has been or is to be provided to you. If we request further information from you, you must provide such further information.

6.2              We make no representation, and do not give any warranty or guarantee that any application for co-financing submitted by you will be successful.

6.3              This agreement is concluded between you and us, not you and Creative Scotland or Scottish Enterprise. Creative Scotland and Scottish Enterprise have no liability to you as regards the content of the Application Website, and no obligation to you to support or maintain the Application Website. If funding is made available to you, you will be required to enter into a further agreement(s) to access that funding ("Further Agreements").

6.4              In the event of a conflict between the Further Agreements and the terms of this Agreement, the Further Agreements shall take precedence.

6.5              You acknowledge that we are responsible for addressing any claims relating to the Application Website including, but not limited to: (i) any claim that the Application Website fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

6.6              You acknowledge and agree that Creative Scotland and Scottish Enterprise are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, they will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereto.

7                   Application Websites

7.1              The Application Website may enable access to third party, applications, websites and other items (collectively and individually, referred to in this Agreement as “Third Party  Websites”). 

7.2              Use of these Third Party  Websites may require that you accept additional terms and conditions.

7.3              You acknowledge that we have no control over the content of these Third Party  Websites. Your use of these Third Party  Websites is entirely at your own risk. We shall not be liable to you in relation to these Third Party   Websites in any manner.

8                   Breach

8.1              Any breach of the terms of this Agreement is a violation of our rights and (if applicable) those of our licensors, service providers and third parties. If you breach the terms of this Agreement you may incur liability (both criminal and civil) and become subject to court action.

8.2              If we have reason to believe that you have breached the terms of this Agreement or are likely to breach the terms of this Agreement we may take action to protect ourselves, our licensors, service providers and third parties from liability, including but not limited to:

8.2.1      contacting relevant third parties and disclosing information collected from you or concerning you, concerning any person accessing the Application Website through your device, or referred to in any use of the Application Website;

8.2.2      changing, suspending, removing, or disabling access to the Application Website or any Third Party  Websites without notice; or

8.2.3      imposing limits on use of or access to certain parts of the Application Website or any Third Party  Websites,

and in no event will we be liable to you for any action taken pursuant to this clause.

8.3              You must permit us, our representatives and our nominees, at all reasonable times and on reasonable advance notice, to inspect and have access to any of your devices for the purposes of ensuring that the terms of this Agreement have been complied with.

9                   Limitations

9.1              We will try to ensure that the Application Website is available for use at all times, however, we do not guarantee that it will be available. We are reliant upon the continued provision by our service providers and others to enable provision of the Application Website. If their services are unavailable the availability of the Application Website will be affected.

9.2              Whilst we will try to ensure the information or data we place upon the Application Website does not contain any material errors, we do not guarantee that any such information or data made available through the Application Website is accurate, complete or error free. You undertake not to rely upon such information or data, nor to provide such information or data to any third party with a view to that third party relying upon such information or data. Any reliance you or any third party places upon such information or data is entirely at your (or their) own risk and you undertake not to hold us liable for any loss, cost, damage or expense incurred as a result of such reliance.

9.3              The Application Website may contain minor defects. If you identify a defect please let us know via email to rebecca.thompson@filmcityfutures.com and we shall endeavour to rectify it.

9.4              We do not guarantee that the Application Website will be free of viruses or other malicious code. You acknowledge that you are solely responsible for making the necessary arrangements to protect your device and peripherals from infection from viruses and other forms of malicious code.

9.5              You acknowledge that we are not aware of the particular purposes you may wish to use the Application Website for. We do not guarantee that the Application Website is suitable for any particular purpose or that it will meet your requirements.

9.6              Other than as expressly stated hereunder, or as required by applicable law, we exclude all guarantees, warranties, conditions and representations. For more information concerning your rights and entitlements under applicable law please contact a lawyer or your local Citizens Advice Bureau or equivalent body in your country of residence.

10                Liability

10.1           In no event shall we be liable to you for:

10.1.1       death or personal injury (except where arising due to our negligence);

10.1.2       any loss, cost, damage or expense not considered likely to arise at the date of your agreeing to the terms of this Agreement;

10.1.3       any incidental, special, indirect or consequential loss, cost, damage or expense; or

10.1.4       loss of profits, loss of data, business interruption or any other commercial damages or losses,

regardless of the basis for such liability, whether under contract, delict, tort or otherwise, and even if we have been advised of the possibility of such liability.

11                Termination

11.1           This Agreement shall remain in effect until terminated in accordance with its terms.

11.2           We shall have the right to terminate this Agreement where you breach the terms of this Agreement.

11.3           In the event this Agreement terminates all rights you have under this Agreement shall also terminate, including your right to use the Application Website. In this event you must delete or otherwise destroy all copies of the Application Website you have.

11.4           In the event that this Agreement terminates certain of the obligations in this Agreement shall remain binding upon you. These are any obligations where it is obvious that they should continue in force, for example to allow their successful operation.

12                General

12.1           We may display notices via the Application Website from time to time. You must adhere in full to any such notices. Such notices shall automatically form part of the agreement between you and us relating to the Application Website.

12.2           You may not transfer or otherwise dispose of any of your rights or obligations arising under this Agreement without our prior written consent.

12.3           We may sublicense, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under this Agreement at any time.

12.4           We will not be liable for any failure to perform any obligation under this Agreement due to causes beyond our reasonable control.

12.5           Other than as expressly set out in this Agreement, this Agreement does not confer any rights on any person other than you and us.

12.6           If we fail at any time to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

12.7           If any term, condition or provision of this Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.

12.8           We will communicate with you in English only. You agree that we may provide a notice to you by emailing it to the email address provided by you when registering to access the Application Website. Such notices shall be deemed to have been received by you on the expiry of a period of twenty four (24) hours from the point in time they are emailed to you.

12.9           Except as expressly stated under this Agreement you may only notify us in connection with any matter relating to this Agreement via email at rebecca.thompson@filmcityfutures.com.

13                Applicable laws

13.1           The laws of Scotland govern this Agreement and your use of the Application Website. 

13.2           This Agreement and your use of the Application Website may also be subject to other local, national, or international laws.

13.3           You submit to the exclusive jurisdiction of the Courts in Scotland in connection with any dispute arising in relation to this Agreement or the Application Website.

 

AWARD TERMS

1                   Accepting and using your award

1.1              You must formally accept your award of co-financing by email to Rebecca.thompson@filmcityfutures.com.

1.2              Any information you give to us must be accurate and correct, not misleading. You must be a business registered in Scotland, and conduct your business from Scotland, for the duration of the project. You must remain a business working primarily in film, television or animation for the duration of the project.

1.3              You must update us as soon as possible in the event that any of the information given to us changes.

1.4              In the event of a change to that information which is material, we reserve the right to withdraw co-financing, withhold further co-financing, or require you to repay co-financing already provided.

1.5              You must not begin your project for which you have applied for co-financing until you have received confirmation from us that your application for co-financing has been approved.

1.6              We will not be liable to any third party in respect of the project. You indemnify and shall keep us indemnified against any third party claims or liabilities relating to the project. This indemnity shall not apply where such claim or liability arises due to our negligence or breach of this agreement.

1.7              Our obligations are only to you, and we shall not be obliged to meet any costs or expenses due to any third parties, except as set out in our award letter. We may, though, require you to provide us evidence of payment of third parties, if you have indicated in your application that this would be the case, and also to provide us with information concerning those third parties.

1.8              You must not make any changes to the project for which you have applied for co-financing without our written permission.

1.9              If you change the project without our consent, we may withhold co-financing, and/or require you to repay co-financing already provided in respect of the project.

1.10           You must complete the project within six months of the award of co-financing being made, unless otherwise agreed in writing by us.

1.11           You must ensure that your project is delivered to the highest possible standard, following recognised good practice. Where relevant, you must use suitably qualified individuals.

1.12           You should use your best endeavours to retain beyond project completion any information and/or materials created as part of the project, and provide access to the same to third parties if requested by us.

1.13           You must ensure that access to necessary knowledge and skills is retained to allow you to perform the project.

1.14           You must indicate in all publicity, marketing, advertising and other materials that the project has been enabled through provision of the co-financing, in a form acceptable to us, and utilising such logos or marks as we designate. Inter alia, you must use, and comply with the terms of use of, "The Lottery Funded/CS high impact crossed fingers logo" and the "National Lottery Common Brand Logo" which are available on the website http://www.creativescotland.com/logocredit

1.15           You must complete returns and reports as specified by us, and participate in such reviews as we require.

1.16           You must ensure that there is a contactable signature authority and primary contact assigned to the project for the duration of the project and update us immediately of any changes to these contacts.

1.17           Unless we agree otherwise, you must advertise (outside your organisation) and tender for any goods, services and works relating to the project whose value is over £50,000 and follow Scottish Government Procurement Guidelines.

1.18           We will provide you with access to expert and other advisors for use in connection with the project. You must use these advisors, or any replacement specified by us. You may not choose the advisor who shall be allocated to the project. The advisor who advises you in relation to stage one of your project must not be involved in stage two of the project. You must use these advisors only for the work specified in your application for co-financing, as approved by us. In your conduct of the project you must spend a reasonable amount of time liaising with any such advisors, and provide them with any information and assistance they reasonably require. You must also enter into a written agreement with your advisor(s) in a form approved by us. We will provide to you a form which you may use. We are not, however, providing you with advice as to whether this is suitable for your specific needs, and you are recommended to take legal advice upon it, as it creates legally binding obligations upon you.

1.19           You are responsible for ensuring that all policies, procedures, licenses, consents, permissions and insurances necessary or advisable in relation to the project, to meet legal or other requirements, are in place, and ensure the safe and effective delivery of the project at all times.

1.20           We make no representation, and give no warranty or guarantee, that the project will be successful. We exclude all warranties, conditions, representations and guarantees except as expressly set out hereunder. Our liability to you will be limited to an amount equal to the co-financing provided by you.

2                   Funding

2.1              You must meet and continue throughout the project to meet the eligibility criteria set out by us from time to time.

2.2              You must make the financial contribution to the project agreed with us as part of your co-financing application. All such contributions are payable within fourteen days of our invoice therefor.

2.3              All co-financing will be provided as set out in our approval.

2.4              Your co-financing shall be available only for the project period.

2.5              If you receive additional funding for your project from sources not stated in your application you must inform us. We may require you to repay all or part of your co-financing.

3                   Project monitoring

3.1              We will monitor and evaluate project progress and you must;

3.1.1          provide scheduled project progress reports by the dates stated at the time of accepting your award;

3.1.2          provide any other progress updates that we may request within timescales requested;

3.1.3          provide access to your project and the records relating to it if we choose to do an onsite visit; and

3.1.4          follow any recommendations that we make resulting from our monitoring and evaluation of your project.

4                   Project evaluation

4.1              You must gather sufficient relevant information on your project as it progresses to ensure you are able to evaluate its success against its defined goals on completion.

4.2              You must supply an end of project report within two months of your agreed project completion date, unless agreed otherwise, and in a format agreed by us.

4.3              You must provide us or any external contractor commissioned by us with requested information regarding your project during you project and for a period of up to three years after project completion.

4.4              You must be prepared to share the learning from their project. If we request you must share your learning online, or supply a contact who would be able to discuss your experience with us and third parties.

5                   Our promotion of your award

5.1              We will be permitted to publicise the project and the co-financing in whatever way we deem appropriate.

5.2              You grant us the irrevocable right to use any images, information or materials concerning the project in connection with the operation of our business. This may include reproducing the same for the purposes of publicity, to illustrate our activities, or to report to governmental or other organisations. You shall obtain all necessary permissions, licenses and consents to allow you to do this. We may permit third parties to exercise these rights.

6                   Personal data

6.1              You acknowledge that we will collect and process personal data concerning you and persons working with you upon the project. You acknowledge that we may wish to disclose such personal data.

6.2              You acknowledge that for the purposes of data protection legislation we shall be the controller of this personal data.

6.3              Personal data collected and processed by us may include names, addresses, contact information, and information concerning roles, contributions and responsibilities.

6.4              You agree that we may collect, process and disclose this personal data for the following purposes. You must ensure that all persons working on the project agree to the collection, processing and disclosure of their personal data for the following purposes. We recommend that you bring the terms of this agreement to their attention.

6.5              The purposes referred to above are:

6.5.1          to administer applications for co-financing, and to provide funding granted pursuant to successful applications;

6.5.2          to monitor and evaluate the project;

6.5.3          to protect the rights, property and safety of others;

6.5.4          to respond to queries; and

6.5.5          to publicise the project and the co-financing.

6.6              Pursuant to the foregoing you acknowledge that without limitation personal data may be disclosed to Creative Scotland, a public body established by the Public Services Reform (Scotland) Act 2010 and having its place of business at 249 West George Street, Glasgow, G2 4QE ("Creative Scotland") and/or Scottish Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990 and having a principal office at Atrium Court, 50 Waterloo Street, Glasgow G2 6HQ ("Scottish Enterprise").

6.7              You also have a right at any point in time to ascertain from us what personal data we hold concerning you. This right may be exercised by contacting us via the email address [INSERT] and we reserve the right to levy a charge of £10.00 upon you to cover our reasonable expenses prior to informing you regarding what personal data we hold concerning you.

6.8              You acknowledge that in all events any information or data we gather from you may be transmitted to and stored by our service providers. These service providers may be located outside of the European Economic Area, and as such may provide a lesser standard of protection in respect of your information and data than we do. Whilst we will use reasonable endeavours to ensure that our service providers provide a reasonable standard of protection concerning your personal data we make no guarantees in this respect.

7                   Scottish Enterprise and Creative Scotland

7.1              This agreement is concluded between you and us, not you and Creative Scotland or Scottish Enterprise. Creative Scotland and Scottish Enterprise have no liability to you as regards the co-financing.

7.2              You must comply with Scottish Enterprise credit requirements, which requirements can be obtained on request. 

7.3              You acknowledge and agree that Creative Scotland and Scottish Enterprise are third party beneficiaries of this agreement, and that they will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereto.

8                   Confidentiality

8.1              You must maintain any information we provide to you, or to which you gain access, as confidential, and use it only for the purposes of performing the project.

8.2              If you provide any information to us you wish to remain confidential this must be expressly stated upon that information. We will use our reasonable endeavours to maintain it as confidential, however you acknowledge that we are under various obligations and have various requirements as regarding disclosure of that information, including pursuant to freedom of information legislation.