Private Sector Accelerator Awards terms and conditions

Introduction

1. These Terms and Conditions ("Terms") will apply to applicants to the Private Sector Accelerator Awards (the "Applicants" and the "Awards", respectively), administered by Research Data Scotland ("RDS"). By applying to participate in the Awards, Applicants agree to be bound by these Terms.

The Awards and Projects

2. The Awards are open to Applicants who are enterprises with fewer than 250 staff and less than or equal to £44 million in annual turnover or a balance sheet of less than or equal to £38 million ("Small to Medium Enterprises" or "SMEs").

3. The Private Sector Accelerator Awards will run from 17:00 on 29th July (the "Opening Date") to 17:00 on 28th September (the "Closing Date" inclusive.

4. Applicants must present a proposal for a project ("Project") to RDS in order to be considered for an Award. This will require Applicants to complete an Expression of Interest form and, if the project is shortlisted, a full Researcher Access Service (RAS) application form. RDS will, at its sole discretion, review the Project proposal and decide the successful recipients of the Awards (each a "Recipient"). Proposals must be received by RDS by submitting an appropriately completed Expression of Interest form by no later than 5 p.m. on the Closing Date.

5. RDS will not accept (i) responsibility for proposals that are corrupted, not successfully completed or transmitted, lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, website, computer hardware or software failure of any kind; or (ii) proof of posting or transmission as proof of receipt of entry to the competition.

6. Projects must have a realistic likelihood of providing significant public good to the Scottish population.

7. Where the Project will accrue economic development benefits, such benefits must be realised primarily in Scotland.

8. Projects must be deliverable in accordance with the proposal submitted by an Applicant within twelve (12) months of receipt of the Award funding, unless otherwise agreed in writing in advance between the Recipient and RDS.

9. Awards are not negotiable or transferable.

10. Recipients will be paired with a RDS partner organisation, namely the University of Edinburgh, Public Health Scotland, or National Records of Scotland (each a "Partner" and together the "Partners"). Recipients may be required to agree to further terms and conditions with the Partner (which terms and conditions may also deal with the ownership and use of intellectual property rights arising out of the Project) and must also adhere to the procedures and processes specified by our Partners in order to progress the Project work. Recipients must work with their Partner in good faith in order to fulfil their Project.

11. An accredited researcher, i.e. an individual who has been accredited to access de-identified data for statistical and research purposes pursuant to the Digital Economy Act 2017 (Relevant legislation - Office for National Statistics) must conduct the Project work on behalf of each Recipient and follow the processes and procedures that comply with our and our Partners' requirements.

Funding

12. Funding for the Awards has been provided to RDS by the Scottish Government. RDS will, in turn, provide relevant funding to each Partner to progress Projects on behalf of Recipients. No funding will be paid to Recipients.

13. A maximum amount of £60,000 funding can be made for each Award.

Other terms

14. The decision of RDS on whether or not to make an Award is final.

15. Recipients will keep full and accurate records of their work on the Project and, on request by RDS, provide RDS with such records or such updates on the Project as RDS may request from time to time. Recipients will also provide such information to RDS as RDS may reasonably request so that RDS can satisfy itself that the Recipient is adhering to these Terms. Recipients shall provide RDS with prompt access to any information RDS reasonably requires to ensure compliance with these Terms.

16. If RDS is or becomes aware that a Recipient is not adhering to these Terms, RDS may revoke the Award with immediate effect.

17. Each Applicant must ensure that nothing in their Project will infringe on the rights, including, without limitation, the intellectual property rights of any third parties.

18. Applicants and Recipients will abide by all applicable law, including, without limitation, UK data protection law at all times in their proposal and work on the Project. RDS will only process your personal information as set out in the RDS Privacy Policy.

19. Insofar as is permitted by law, RDS will not in any circumstances be responsible or liable to compensate a Recipient or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up an Award except where it is caused by the negligence of RDS or that of its employees.

20. Recipients will attend and present their Project to at least three (3) showcase events on dates which shall be mutually agreed with RDS, such dates being during the work of the Project and on conclusion of the Project.

21. Recipients may publish or otherwise make public their Project, provide always that they acknowledge RDS and the Scottish Government and their role in funding the Project in such publications or publicity.

22. These Terms and any disputes or claims arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law.

23. RDS and each Applicant agrees that the Scottish courts shall have exclusive jurisdiction over any dispute or claim arising under or in connection with these Terms or the legal relationships established by these Terms (including non-contractual disputes or claims) and that accordingly any proceedings in respect of any such claim or matter may be brought in such courts.