1. Introduction
The ASCEND Scale Up Programme is a personal development programme delivered by GM BUSINESS SUPPORT LIMITED CRN: 08132524 (GMBS) available to up to 25 business leaders whose businesses are based in Greater Manchester.
Its purpose is to support leaders of Greater Manchester's high growth opportunity businesses to scale up rapidly and achieve their ambitions.
It is funded via GMCA from Retained Business Rates.
More details of the programme can be found at:
https://www.businessgrowthhub.com/programmes/ascend-scale-up/
2. Acceptance of these Terms and Conditions
By submitting an application form, you are agreeing to be bound by these terms and conditions.
3. Selection Process
Participants are selected from applicants by GMBS following receipt of their application forms and such additional information, enquiries or interview(s) as GMBS may see fit to consider. GMBS’ decision as to which applicants are to be accepted onto the programme will be made at its discretion (exercised in good faith and in accordance with applicable law but otherwise entirely unfettered). GMBS’ decision is final and not subject to any appeal process.
Upon receiving written confirmation from GMBS of their selection, an applicant shall have 14 days to confirm in writing that they wish to be enrolled as a participant in the programme. As and when such enrolment is confirmed in writing by GMBS, the applicant shall become a participant.
4. Provision of Services
Subject to earlier termination, GMBS shall use reasonable endeavors to provide the services comprised in the Ascend Scale Up Programme to the participant until the end of the programme term and the participant agrees to receive the same.
5. Programme Term and Notice to Terminate Early
The programme is scheduled to run from 16th September 2024 to 28th March 2025. GMBS may terminate the provision of services under these terms and conditions in the event of the material default of the other immediately or upon any period of notice or, for convenience, upon at least 14 days’ notice. Such notice must be given in writing (‘writing’ or similar wording includes email for the purposes of these terms and conditions).
6. No Payment for Services
The services to be provided under these terms and conditions are funded and no payment for them is required to be made by a participant to GBMS. However, except where specific written agreement is made to the contrary, participants are not funded for their travel, insurance, subsistence or other costs incurred in attending a venue or otherwise in participating in the programme.
7. Participant Obligations
7.1. The applicant/participant shall:
7.1.1. co-operate with GMBS (and their funders) in all matters relating to the programme and the services;
7.1.2. shall comply in a timely manner with any applicable obligations related to the services or otherwise arising in connection with the programme or these terms and conditions with regard to intellectual property, data protection, confidential information and freedom of information and any applicable laws;
7.1.3. provide GMBS (and their funders) in a timely manner all documents, information, items and materials reasonably required by GMBS (or their funders) in connection with the programme or the services and ensure that they are accurate and complete in all material respects;
7.1.4. promptly advise GMBS of any particular disability or medical adjustment, health and safety or security or other requirements which may materially affect the advisability or manner of its provision of the services to the participant.
8. Intellectual Property Rights
GMBS and its licensors shall retain ownership of all intellectual property rights in any way used or created on the programme or arising out of the provision of the services and materials.
9. Confidentiality
Each party undertakes that it shall not at any time during these terms and conditions, and for a period of five years after termination of these terms and conditions, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs or controls, except to exercise their rights and perform its obligations under or in connection with these terms and conditions.
10. Limitation of Liability
10.1 Nothing in these terms and conditions shall limit or exclude GMBS’ liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
10.2 Subject to clause 10.1, GMBS shall not be liable to an applicant or participant (or their related business) whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions or the programme for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill;
(f) loss of use or corruption of software, data or information;
(g) any indirect or consequential loss; or
(h) loss of reputation.
10.3 Subject to clause 10.1, GMBS’ total liability to an applicant or participant (or their related business) whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions or the programme shall be limited to £3,000.
10.4 The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these terms and conditions.
10.5 GMBS shall not be liable for any failure to provide services caused by events beyond its reasonable control.
11. Special Provisions re Lisbon Web-Summit
11.1 If a participant wishes to attend the Web Summit in Lisbon (11-14 November 2024) the following provisions shall apply:
11.1 (a) the participant must confirm their intention to attend in writing to GMBS on or before Friday 11th October 2024. If, for any reason, they cannot attend the Web Summit after indicating their intention to attend, they will advise GMBS forthwith and their place may be offered by GMBS to another person at GMBS’ discretion; if a suitable replacement who attends the Web Summit is not found by GMBS and either the participant’s withdrawal was not (in the reasonable opinion of GMBS) for good cause or occurred less than 2 weeks prior to the commencement of the Web Summit, then GMBS may at its discretion charge the participant a sum equal to the pro rata cost of the wasted ticket and any accommodation paid for by GMBS under clause 11.1(b) below;
11.1 (b) GMBS will use its reasonable endeavors to block book and pay for sufficient tickets for the Web Summit (together with local accommodation) for those participants who have indicated their wish to attend;
11.1(c) the participant is entirely responsible for arranging and paying for their own travel to and from the Web Summit (including without limitation all taxis, flights, transfers, layovers etc.) and for arranging and complying with all legal and contractual requirements for such travel;
11.1(d) the participant will be responsible for and will arrange their own health and travel insurances (including without limitation for repatriation as required in the event of death or serious injury or ill-health);
11.1 (e) the participant is responsible for their own behavior and compliance with the terms and conditions of the Web Summit itself and of any venue providing accommodation to the participants (and for the behavior and like compliance of any non-participants who are attending the Web Summit or the provided accommodation as their guest, colleague or family member (‘Guests’)), and will procure that they and any such Guests behave in an appropriate manner and not in a way which may cause either financial loss or reputational damage to programme, GMBS or its funders; and
11.1 (f) the participant acknowledges that GMBS is not the organiser of the Web Summit and is not responsible for the content or utility of the same.
12. Indemnities
12..1 The applicant/participant undertakes to indemnify, and to keep indemnified, GMBS or other companies in the Growth Company’s group (together GC Group Companies) against all losses, liabilities, demands, costs, expenses and penalties (of whatsoever nature and to the fullest extent permissible by law) resulting from:
12.1(a) any breach by the applicant/participant of these terms and conditions;
12.2 the applicant’s/participant’s international acts or negligence (or those of their employees, agents, and/or guests) arising out of or in connected in any way with the programme; or
12.1(c) GMCA or any other funder of the programme making a claim against any of the GC Group Companies or clawing back funding already provided in relation to it, or refusing to fund or to continue to provide funding to any of the GC Group Companies at the anticipated level, or varying its funding arrangements to the detriment of any of the GC Group Companies in any case due to the default of the applicant/participant in complying with the provisions of these terms and conditions or applicable Subsidy Control rules or legislation or failing to meet their obligations under the programme.
13. UK Subsidy Control
13.1. For the purposes of UK Subsidy Control legislation, the maximum estimated value of the services provided to each participant under the programme is £15,000.
13.2. Each applicant/participant shall complete a UK Subsidy Declaration in the form provided by GMBS and, on a continuing basis, warrants their eligibility to received such subsidised services and their compliance with the relevant UK Subsidy Control legislation throughout the term of the programme.
14. Data Protection and Privacy Policies
14.1 During initial engagement and throughout the programme (and for a reasonable period afterwards), GMBS and other companies in the Growth Company group will collect and process personal data regarding businesses and individuals applying for or participating in the programme. This will be done in accordance with the privacy policy linked at privacy-policy - businessgrowthhub.
14.2 In addition, during the same timeframe, our funders GMCA may also need to collect and process similar personal data. This will be done in accordance with the GMCA privacy policy linked at Privacy Policy - Greater Manchester Combined Authority (greatermanchester-ca.gov.uk).
15. ASSIGNMENT AND OTHER DEALINGS
15.1 These terms and conditions are personal to the applicant/participant and the applicant/participant shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of their rights and obligations under these terms and conditions.
15.2 The Supplier may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of their rights under these terms and conditions.
16. VARIATION AND WAIVER
16.1 No variation of these terms and conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
16.2 A waiver of any right or remedy under these terms and conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
16.3 A failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms and conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
17. SEVERANCE
17.1 If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms and conditions.
18. ENTIRE AGREEMENT
18.1 These terms and conditions (together with the application form) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or in the application form. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.