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Request for Proposal (RFP) UK- Nigeria 2015/2016 Arts Season: Public Relations Consultancy The British Council wishes to commission a PR strategy and implementation plan for an arts & creative season ‘UKNG 2016 /2016’ that will take place from September 2015 to March 2016. Date of issue: 13 April 2015 1 Overview of the British Council The British Council is the United Kingdom’s international organisation for cultural relations and educational opportunities. Its purpose is to build engagement and trust for the UK through the exchange of knowledge and ideas between people worldwide. It seeks to achieve its aims by working in education, science, governance, English and the arts. In 2012-13, its programmes reached a total audience of 550 million people worldwide and we engaged directly with 10.8 million. The British Council was established in 1934 and incorporated by Royal Charter in 1940. It is registered as a charity in England and Wales (charity no. 209131) and Scotland (charity no. SCO37733). It is also an executive non-departmental public body, with the Foreign and Commonwealth Office as its sponsoring department. Its primary charitable objects are set out in the Charter and are stated to be:- Promote cultural relationships and the understanding of different cultures between people and peoples of the United Kingdom and other countries; Promote a wider knowledge of the United Kingdom; Develop a wider knowledge of the English language; encourage cultural, scientific, technological and other educational co- operation between the United Kingdom and other countries; Otherwise promote the advancement of education. In 2012 to 2013, the British Council had a total turnover of £781 million. Its income included a grant-aid of £171 million from the UK government, £490 million from fees and income from services such as English teaching, exams administration and the management of client-funded contracts, and funding from a wide range of public and private sector partners. The British Council works in more than 110 countries around the world and employs over 7000 staff worldwide. It has its headquarters in the UK, with offices in London, Manchester, Belfast, Cardiff and Edinburgh. 1 RFP for UK-Nigeria 2015/2016 Public Relations Consultancy, 13 April 2015

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Page 1: Request for Proposal Template (RFP) - British Council … · Web viewTitle Request for Proposal Template (RFP) Author Mogaji, Adedamola (Nigeria) Description Template updated 2014-09-10

Request for Proposal (RFP)

UK- Nigeria 2015/2016 Arts Season: Public Relations Consultancy

The British Council wishes to commission a PR strategy and implementation plan for an arts & creative season ‘UKNG 2016 /2016’ that will take place from September 2015 to March 2016.

Date of issue: 13 April 2015

1 Overview of the British Council

The British Council is the United Kingdom’s international organisation for cultural relations and educational opportunities. Its purpose is to build engagement and trust for the UK through the exchange of knowledge and ideas between people worldwide. It seeks to achieve its aims by working in education, science, governance, English and the arts. In 2012-13, its programmes reached a total audience of 550 million people worldwide and we engaged directly with 10.8 million.

The British Council was established in 1934 and incorporated by Royal Charter in 1940. It is registered as a charity in England and Wales (charity no. 209131) and Scotland (charity no. SCO37733). It is also an executive non-departmental public body, with the Foreign and Commonwealth Office as its sponsoring department.

Its primary charitable objects are set out in the Charter and are stated to be:-

Promote cultural relationships and the understanding of different cultures between people and peoples of the United Kingdom and other countries;

Promote a wider knowledge of the United Kingdom; Develop a wider knowledge of the English language; encourage cultural, scientific, technological and other educational co-operation between

the United Kingdom and other countries; Otherwise promote the advancement of education.

In 2012 to 2013, the British Council had a total turnover of £781 million. Its income included a grant-aid of £171 million from the UK government, £490 million from fees and income from services such as English teaching, exams administration and the management of client-funded contracts, and funding from a wide range of public and private sector partners.

The British Council works in more than 110 countries around the world and employs over 7000 staff worldwide. It has its headquarters in the UK, with offices in London, Manchester, Belfast, Cardiff and Edinburgh.

Further information can be found at www.britishcouncil.org

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2 Introduction and background to UK- Nigeria 2015/2016

Over the past seven years British Council has led on the development and delivery of a series of high-profile cultural seasons in major world economies including Brazil, Russia, China, India, South Africa and Turkey.

In 2015 Nigeria will be the focus of a season having been recognised as Africa’s biggest economy that is attributed to the incorporation of new and fast growing sectors into its GDP data, including telecoms and the creative industries.

British Council Nigeria has been at the forefront of supporting the growth of the creative industries in Nigeria and our arts and culture programme been one of our most successful areas of work reaching the greatest numbers of people and generating the largest number of sponsorship and partnership collaborations.

UK- Nigeria 2015/2016 (Nigeria 2015) will build from this position of strength and provide greater depth and contemporary relevance to the long-standing relationship between the UK and Nigeria.

Focusing on three artistic themes of young people and innovation; public space and increasing access to the arts; and collaboration it will lead to

- New audiences created for UK and Nigerian work reciprocally - Increased dialogue, collaboration and connection between Nigerian and UK artists and

organisations especially using digital technology - Increased artistic expression by young people especially around public spaces - Changed perceptions about Nigeria and the UK reciprocally - Increased leadership, management, technical and entrepreneurial skills of artists and

creative entrepreneurs in Nigeria leading to increased capacity of Nigerian arts organisations with the stronger ability to network with the UK

- New models developed for showcasing especially through the use of public spaces for artistic presentation

(This is encapsulated in the overarching Artistic Vision, attached as Annex 3)

Our target audience is a minimum of forty million young people aged 18-35 particularly in Lagos, Abuja and Calabar. Within this, we are particularly interested in artists and/or those who are connected to arts institutions; existing arts audiences, and potential but non-traditional arts audiences – people who are not previously consuming or engaging with arts content.

Design

Nigeria 2015 will take place in 5 cities across Nigeria and the UK, and feature over 30 projects at 80 events all aimed at increasing collaboration between young people in both countries through the arts. Skills development programmes for Nigerian artists and creative entrepreneurs will be woven into these events and projects, and additional benefit will be derived from integration and achieving synergy with British Council projects in Nigeria in Education and Society. Digital technology will play a major role in reaching the number of target audience.

Timeframes

The main programme of cultural activity takes place from September 2015 – March 2016 whilst longer term projects will continue to March 2017. Planning for the whole season is underway now and the design of the PR and communications plan should be complete by end May 2015.

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3 Conditions and contractual requirements

The Contracting Authority is the British Council which includes any subsidiary companies and other organisations that control or are controlled by the British Council from time to time.

The appointed supplier will be expected to travel to British Council offices including event or project venues in the delivery of the services.

The contract awarded will be for duration of the season with an option for an extension under the same terms and conditions.

The appointed supplier will only process personal data accessed in performance of the services in accordance with the British Council ’s instructions (and data policy see Annex 4) and will not use such data for any other purpose. The contracted supplier will undertake to process any personal data on the British Council’s behalf in accordance with the relevant provisions of the Data Protection Act 1998 and ensure appropriate and legislative consent is acquired where necessary.

The British Council is committed to equality and to positive action to promote this. It believes that an Equal Opportunities Policy helps to ensure that there is no unjustified discrimination in the recruitment , retention, training and development of staff on the basis of gender including transgender, marital status, sexual identify, region and belief, political opinion, race, work pattern, age, disability or HIV/AIDS status, socio-economic background, spent convictions, trade union activity or membership, on the basis of having or not having dependents, or any other relevant grounds. The appointed supplier must agree to operate in accordance with these principles while undertaking work at or on behalf of the British Council.

The British Council is committed to open government and to meeting its legal responsibilities under the Freedom of Information Act 2000 (the “Act”). Accordingly, all information submitted to a public authority may need to be disclosed by the public authority in response to a request under the Act. The British Council may also decide to include certain information in the publication scheme, which the British Council maintains under the Act.

If suppliers consider that any of the information included in their completed documentation is commercially sensitive, it should identify it and explain (in broad terms) what harm may result from disclosure if a request is received, and the time period applicable to that sensitivity.

The supplier should be aware that, even where they have indicated that information is commercially sensitive, the British Council might be required to disclose it under the Act if a request is received.

The supplier should also note that the receipt of any material marked ‘confidential’ or equivalent by the British Council should not be taken to mean that the British Council accepts any duty of confidence by virtue of that marking.

The supplier will comply with all applicable legislation and codes of practice, including, where applicable, all legislation and statutory guidance relevant to the safeguarding and protection of children and vulnerable adults and with the British Council’s Child Protection Policy (see Annex 5); in addition the supplier will ensure that where it engages any other party to supply any of the services under this agreement that that party will also comply with the same requirements as if they were a party to this agreement.

All relevant policies that suppliers are expected to adhere to can be found on the British Council website – http://www.britishcouncil.org/about/policies. The list of policies includes (but it is not limited to):

- Anti-Fraud and Corruption- Child Protection Policy- Equal Opportunities Policy- Fair Trading

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- Health and Safety Policy- Environmental Policy - Records Management- Privacy

By signing this agreement the supplier acknowledges they have read and understood all relevant policies.

Mandatory due diligence information will form part of your response to this RFP. You are required to complete Annex [2] (Supplier Appraisal) as part of your response.

The British Council’s contracting and commercial approach in respect of the required services is set out at Annex 1: Terms and Conditions of contract (the “Contract”). By submitting a tender, you are agreeing to be bound by the terms of this RFP and the Contract without further negotiation or amendment.

If the terms of the Contract render the proposals in your tender unworkable, you should submit a clarification in accordance with Section 9 of this RFP (Clarification Questions) by 20 April 2015 and the British Council will consider whether any amendment to the Contract is required. Any amendments shall be published via email by 22 April 2015 and shall apply to all tenderers. Any amendments which are proposed but not approved by the British Council through this process will not be acceptable and may be construed as a rejection of the terms leading to the disqualification of the tender.

This document does not constitute an offer to provide goods and/or services to the British Council.

All costs incurred in the preparation of the proposal are the supplier’s responsibility.

The British Council reserves the right to request reference information.

The British Council is not obliged to award a contract for these services and reserves the right to withdraw from the procurement process at any stage.

4 Payment and Invoicing

The Council will pay correctly addressed and undisputed invoices within 30 days.

The essential information on an invoice for the Council is:• A description of the services supplied.• The Council reference number/Purchase Order number.• Addressed to Accounts Payable.• The costs including VAT (if applicable) and any other charges

5 Scope of Work, Specification and Outputs

The scope of work spans three main phases:

1. Pre – launch:

1.1Consult with target audiences through focus groups 1.2Design and agree PR campaign for the whole programme1.3Make recommendations for sharing the story of the season with on line and print

media1.4Make recommendations for the most effective means of engaging our audiences’

attention in the different events, projects and collaborations using digital, print and broadcast media and targeted communications

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2. During the programme activity: 2.1Design and manage the PR for the season announcement event in June 2015 2.2Design and Deliver PR and communications activities that will boost awareness and

attendance of events and projects.2.3Deliver PR and communications that meet the requirements of our Sponsors and

Partners, adapted to the different levels of sponsors and partners2.4 A one page After Action Review of each event (should be submitted no more than 5

working days after the event) with recommendations for improvement on PR activities

3. Post – implementation: 3.1A report outlining the media generated throughout the season and its impact.3.2Recommendations for using communications to continually promote the legacy

projects that will continue to March 2018.

The above is not exhaustive and the awarded supplier can make further recommendations..

Additional factors to be incorporated

PR campaign will be in line with British Council brand guidelines and UK NG Visual Identity which will be supplied to the selected PR Company on award of contract.

The supplier will produce a campaign for the UK NG 2015/2016 season to the British Council allowing 5 working days for approval (please keep in consideration when delivering outputs). After the British Council has reviewed the campaign the supplier delivers, where it feels it is appropriate to do so, the British Council may provide the supplier with suggested alterations and in such instance the supplier will then prepare and deliver to the British Council (at no extra cost to the British Council) a final campaign incorporating the British Council’s suggested alterations.

Programme content will be generated by the British Council and various partners in Nigeria and the UK based on the following themes; Young people and Innovation, Public Space and increasing access to the arts and Collaboration.

The programme will build collaboration and increasing access to the arts for non-conventional audiences. Young people and innovation will also be a key feature of the season through new approaches to the creation and distribution of content. Through large scale outdoor events, the programme will explore the theme of outdoor space and widening participation in the arts and encouraging the use of public spaces for arts programming.

We welcome advice on how best to work with different media channels to reach & engage with target audiences. We would especially like ideas on how to tell the story of the season and most importantly get other people in the Nigerian and UK creative economy telling the story. Ideas on how to measure engagement would also be welcome especially on campaigns that have a digital focus.

The PR campaign will be required to reach our target audiences in Nigeria and the UK with the key messages of the campaign.

Key milestones in the project include:

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Outputs

The outputs from this consultancy are required by 1st June and must include

Report containing detailed recommendations reflecting the Introduction and Background, Scope of Work, Specification and Outputs

Action Plan for promoting the season

(The above is not exhaustive and the awarded supplier may produce further outputs).

Methodology

We expect to work closely with the selected supplier to:

shape the approach to PR plan for the season plan and agree how key messaging and story of the season will be established agree precise PR actions and channels that will deliver reach and engagement targets for

the season

This will be through enabling the supplier to undertake:

1. Meetings with BC staff in Nigeria (and London telephonically)

2. Desk Research of our target audiences

3. Meetings with UK and Nigeria stakeholders, potential sponsors and partners

6 Constraints

Because of the timeframe it is not possible for the design consultancy to be completed any later than 31 May 2015.

7 Timescales

Activity DateRFP Released 13 April

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Activity Date

Season announcement including, programme website launch

June 2015

Programme activities From July 2015, peaking between September 2015 and April 2016

Legacy activity and evaluation June 2016 till March 2017

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2015Clarification / Questions from suppliers (includes T&Cs queries) 20 April

2015Clarification Responses from the British Council (includes T&Cs responses) No later than

22 April 2015

RFP Return Date 30 April 2015

Evaluation (including telephone interviews) From 4 - 8 May

Submission of contract for approval 11-13 May 2015

Contracting of Preferred Supplier 14-15 May 2015

Consultancy with British Council Nigeria 18 - 31May 2015

Note: Timescales are estimated and may be subject to change.

8 Instructions for Responding

To respond to this Request for Proposal

7.1 Due Diligence: Please complete Annex [2] (Supplier Appraisal) in order to demonstrate your capability to meet the requirement

7.2 Detailed Response: Taking due consideration of the evaluation criteria given in paragraph 10 and the Artistic Vision in Annex 3, please provide a summary of:

Your track record of similar assignments in the UK and / Nigeria

Your knowledge of the Nigerian Creative Sector

Your proposed concept and creative pitch

Your proposed strategy for this assignment

Your team, their credentials, who will do what with what the individual time input will be

Proposed costing in two parts: o Direct fees to your organisation based on team time input outlined above with

detailed breakdown per person and number of hours proposed to be spent on project.

o Proposed budget and expenses to cover third party expenditure lines like radio, TV, air time, digital advert fees based on PR framework / strategy proposed etc.

Any difficulties you foresee and how you might resolve or overcome them.

Please submit no more than 7 pages for your response. Additional information should be confined to C.Vs. of the proposed team only.

Please send your submission and the Supplier Appraisal to [email protected] by 12 noon Nigeria time (GMT +1) by 30 April 2015 by email only. Hard copies are not required.

Please ensure that you send your submission in good time to prevent issues with technology - late submissions may not be considered.

Do not submit any additional documentation with your RFP response except as stated above.

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Completion and submission of your response does not guarantee award of any contract from the British Council.

Please ensure that your responses are concise, unambiguous, and directly address the requirement stated.

9 Clarification Questions

Any questions should be submitted via email to [email protected] no later than 17 April 2015 12 noon Nigeria time (GMT +1)

10 Evaluation Criteria

Supplier responses will be assessed using the following criteria and weightings. A score will be given for each part of the information submitted that is to be assessed. The qualitative aspects of your response will be evaluated entirely on your response submitted.

Criteria Weighting

1. Fitness for Purpose including Quality

1.1 Demonstrable understanding of UK Nigeria 2015/2016 concept & objectives.1.2 Track Record: Credibility of Background/ Relevant experience in reaching in reaching our target audience in Nigeria and UK

1.3 Quality of Proposal including overall PR strategy (traditional PR + digital) & implementation

1.4 Understanding of target audience in Nigeria

15%

15%

10%

10%

2.Methodology and Approach

2.1 Clear and Creative approach in use of digital communications and access to digital influencers with a relevant audience.

2.2 Capacity to deliver brief effectively to reach 18-35 target audience across Nigeria.

15%

10%

3.Delivery Time

Demonstration of Ability to Deliver on Time 10%

4.Costing

Value for Money 15%

The responses under each sub category will be scored based on the following matrix:

Points

Interpretation

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10Excellent - A comprehensive and strong answer indicating the provider is fully capable and experienced to deliver the required outcomes. A detailed response that directly responds to all requirements with no ambiguity and relevant examples provided.

7Good - There are slight concerns that the organisation will not be able to achieve all the outcomes required and response lacked details of relevant experience. A less detailed response that broadly responds to the requirement with some ambiguity and few relevant examples provided.

5Adequate - There are concerns that the organisation will not be able to achieve the outcomes required and response significantly lacks details of relevant experience. A less detailed response that broadly responds to the requirement with some ambiguity and no/irrelevant examples provided.

3Poor Response/Limited Evidence - There are serious indications that the organisation will not be able to achieve the outcomes required and has not provided appropriate evidence of experience to successfully deliver the outcomes required. A response that is not entirely relevant to the requirement, with ambiguity and lacking specific detail.

0Unacceptable - The answer is non-compliant and/or no relevant information has been received to demonstrate the organisation can achieve the required outcomes. No response or a response that is entirely irrelevant.

Please note that all your responses to the tender requirements and the pricing schedule will be incorporated into a contractual document.

The successful tender will be the tender with the highest score awarded at the end of the evaluation process outlined in this RFP.

Annex 1. Terms and Conditions of contract

The following is the contract that will be issued to the successful supplier. Please esure you have read and understood the terms and conditions before submitting a proposal.

The British Council: The British Council, Nigeria hereby referred to as (the 'British Council') whose principal office is at 20 Thompson Avenue, Ikoyi, Lagos, Nigeria, represented herein by Connie Price, Country Director; and

The Supplier: [insert name and address details (and company number, if appropriate)]

Date: 15th May 2015

This Agreement is made on the date set out above subject to the terms set out in the schedules listed below which both the British Council and the Supplier undertake to observe in the performance of this Agreement.

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The Supplier shall supply to the British Council, and the British Council shall acquire and pay for, the services and / or goods (if any) described in Schedule 1 and / or Schedule 2 on the terms of this Agreement.Schedules

Schedule 1 Special TermsSchedule 2 SpecificationSchedule 3 ChargesSchedule 4 Standard Terms

This Agreement shall only become binding on the British Council upon its signature by an authorised signatory of the British Council subsequent to signature by or on behalf of the Supplier.IN WITNESS whereof the parties or their duly authorised representatives have entered into this Agreement on the date set out above.Signed by the duly authorised representative of THE BRITISH COUNCIL

Name: .................................................. Signature: ................................................

Position: ..................................................Signed by [insert name of Supplier]

Name: .................................................. Signature: ................................................

Position: ..................................................

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Schedule 1 Special Terms

Terms defined in this Schedule 1 shall have the same meanings when used throughout this Agreement. In the event of any conflict between the terms set out in the various Schedules, the Schedules shall prevail in the order in which they appear in the Agreement.For the purposes of the provision of the Services and any Goods, the terms of this Agreement shall prevail over any other terms and conditions issued by the British Council (whether on a purchase order or otherwise).1 Commencement Date and Term

1.1 This Agreement shall come into force on 15th May 2015 and, subject to paragraph 1.2 below, shall continue in full force and effect until 28th March 2016.

1.2 Notwithstanding anything to the contrary elsewhere in this Agreement, the British Council shall be entitled to terminate this Agreement by serving not less than 10 days’ written notice on the Supplier.

2 Working Hours

2.1 For the purposes of this Agreement “Working Hours” and “Working Days” shall mean the dates, which will be specified and agreed on an ad hoc basis by the British Council.

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Schedule 2

SpecificationServices

The scope of work spans three main phases:

Pre – launch:

Consult with target audiences through focus groups Design and agree PR campaign for the whole programme Make recommendations for sharing the story of the season with on line and print

media Make recommendations for the most effective means of engaging our audiences’

attention in the different events, projects and collaborations using digital, print and broadcast media and targeted communications

During the programme activity:

Design and manage the PR for the season announcement event in June 2015 Design and Deliver PR and communications activities that will boost awareness and

attendance of events and projects. Deliver PR and communications that meet the requirements of our Sponsors and

Partners, adapted to the different levels of sponsors and partners A one page After Action Review of each event (should be submitted no more than 5

working days after the event) with recommendations for improvement on PR activities

Post – implementation:

A report outlining the media generated throughout the season and its impact. Recommendations for using communications to continually promote the legacy

projects that will continue to March 2018.

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Schedule 3

ChargesThe Charges for the Services and/or Goods will be [insert details] [e.g. monthly charge/fixed sum paid against an agreed payment schedule/daily or hourly rates/unit charges/price list for a range of products].

[The Charges set out above are an all inclusive fee except for those additional expenses specifically referred to below, and covers all preparation, report writing and all other work, which is carried out in [ ]. It is expected that the Supplier will meet all costs and expenses necessary to provide the Services under this Agreement, including, but not restricted to: the costs of salaries, bonuses, superannuation medical and travel insurance, insurance for personal possessions or of any fees payable to personnel employed, or engaged by the Supplier.

The Charges are also deemed to cover the cost of personal equipment, non-Working Days and all other costs including but not limited to clothing, passports and vaccinations, travel to and from the airport, accommodation costs, overheads and expenses of whatsoever nature that may be incurred except those otherwise specifically provided for in this Agreement.

In addition to the Charges the British Council will reimburse the Supplier for the following expenses incurred as a direct consequence of the engagement, subject to such expenses being agreed with the British Council separately in advance:

The Charges and allowances for the Supplier will be reimbursed by the British Council and are fixed for the duration of the Agreement.

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Schedule 4

Standard Terms1 Interpretation

1.1 In this Agreement:“Background IPR” means any Intellectual Property Rights (other than Project IPR) belonging to either party before the Commencement Date or not created in the course of or in connection with the Project;

“British Council Entities” means the subsidiary companies and other organisations Controlled by the British Council from time to time, and any organisation which Controls the British Council (the “Controlling Entity”) as well as any other organisations Controlled by the Controlling Entity from time to time;

“British Council Requirements” means the instructions, requirements, policies, codes of conduct, guidelines, forms and other documents notified to the Supplier in writing or set out on the British Council’s website at http://www.britishcouncil.org/new/about-us/jobs/folder_jobs/register-as-a-consultant/policies-for-consultants-and-associates/ or such other web address as may be notified to the Supplier from time to time (as such documents may be amended, updated or supplemented from time to time during the Term);

“Charges” means the charges, fees and any other sums payable by the British Council to the Supplier as set out in ;

“Control” means the ability to direct the affairs of another party whether by virtue of the ownership of shares, contract or otherwise (and “Controlled” shall be construed accordingly);

“Code” means the Department of Constitutional Affairs’ Code of Practice on the discharge of public authorities’ functions under Part 1 of the Freedom of Information Act 2000 (issued under section 45 of that Act) (November 2004) as may be updated or re-issued from time to time and any other relevant codes of practice published by the Department of Constitutional Affairs or its successor bodies;

“Confidential Information” means any information which has been designated as confidential by either party in writing or that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) including information which relates to the business, affairs, finances, properties, assets, trading practices, Goods/Services, developments, trade secrets, Intellectual Property Rights, know-how, personnel, and customers of the British Council or the Supplier (as the case may be) and all personal data and sensitive personal data within the meaning of the Data Protection Act 1998;

“Deliverables” means all Documents, products and materials developed or provided by the Supplier as part of providing the Services;

“Document” means (whether in hard copy or electronic format) any document, drawing, map, plan, diagram, design, picture or other image, tape, disk, or other device or record embodying information in any form;

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“End Client Requirements” means the specific requirements of the end client (if any) in respect of the project in connection with which the Supplier is providing its Services as a sub-contractor, as notified to the Supplier in writing;

“Environmental Information Regulations” means the Environmental Information Regulations 2004;

“Equality Legislation” means any and all legislation, applicable guidance and statutory codes of practice relating to diversity, equality, non-discrimination and human rights as may be in force from time to time in England and Wales or in any other territory in which, or in respect of which, the Supplier provides the Services;

“FOIA” means the Freedom of Information Act 2000 and any subordinate legislation made under that Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner in relation to such legislation;

“Goods” means the goods or products (if any) to be supplied by the Supplier under this Agreement as set out in the Special Terms (Schedule 1) and/or the Specification (Schedule 2);

“Information Disclosure Requirements” means the requirements to disclose information under:

(a) the Code;

(b) the FOIA; and

(c) the Environmental Information Regulations;

“Intellectual Property Rights” means any copyright and related rights, patents, rights to inventions, registered designs, database rights, design rights, topography rights, trade marks, service marks, trade names and domain names, trade secrets, rights in unpatented know-how, rights of confidence and any other intellectual or industrial property rights of any nature including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“Premises” means, where applicable, the premises or location where the Services are to be provided, as notified by the British Council to the Supplier;

“Project” means the project in connection with which the Supplier provides its Services as further described in the Special Terms (Schedule 1) and/or the Specification (Schedule 2);

“Project IPR” means all Intellectual Property Rights that arise or are obtained or developed by either party, or by a contractor on behalf of either party, in respect of the Deliverables in the course of or in connection with the Project;

“Relevant Person” means any individual employed or engaged by the Supplier and involved in the provision of the Services, or any agent or contractor or sub-contractor of the Supplier who is involved in the provision of the Services and includes, without limitation, the Key Personnel (if any);

“Request for Information” means a request for information (as defined in the FOIA) relating to or connected with this Agreement or the British Council more generally or any apparent request for such information under the Information Disclosure Requirements;

“Services” means the services to be provided by the Supplier under this Agreement as set out in the Special Terms (Schedule 1) and/or the Specification (Schedule 2);

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“Supplier’s Team” means the Supplier and, where applicable, any Relevant Person, and all other employees, consultants, agents and sub-contractors which the Supplier engages in any way in relation to the supply of the Services or the Goods; and

“Third Party IPR” means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

1.2 In this Agreement:1.2.1 any headings in this Agreement shall not affect the interpretation of this

Agreement;1.2.2 a reference to a statute or statutory provision is (unless otherwise

stated) a reference to the applicable UK statute as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it;

1.2.3 where the words “include(s)” or “including” are used in this Agreement, they are deemed to have the words “without limitation” following them, and are illustrative and shall not limit the sense of the words preceding them;

1.2.4 without prejudice to clause 1.2.5, except where the context requires otherwise, references to:(i) services being provided to, or other activities being provided for,

the British Council;(ii) any benefits, warranties, indemnities, rights and/or licences

granted or provided to the British Council; and(iii) the business, operations, customers, assets, Intellectual Property

Rights, agreements or other property of the British Council,shall be deemed to be references to such services, activities, benefits, warranties, indemnities, rights and/or licences being provided to, or property belonging to, each of the British Council and the British Council Entities and this Agreement is intended to be enforceable by each of the British Council Entities; and

1.2.5 obligations of the British Council shall not be interpreted as obligations of any of the British Council Entities.

2 Supplier’s Responsibilities

2.1 The Supplier shall:2.1.1 provide the Services and the Goods, and deliver the Deliverables to the

British Council, with reasonable skill, care and ability in accordance with the terms of this Agreement (and, in particular, the Special Terms (Schedule 1) and the Specification (Schedule 2)), and with the reasonable instructions of the British Council, and shall allocate

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sufficient resources to the Services to enable it to comply with this obligation;

2.1.2 deliver the Goods to the delivery point and on the delivery date as notified to the Supplier (and time shall be of the essence for delivery);

2.1.3 comply with the End Client Requirements (if any) and shall do nothing to put the British Council in breach of the End Client Requirements (if any);

2.1.4 not at any time during the Term do or say anything which damages or which could reasonably be expected to damage the interests or reputation of the British Council or the British Council’s end client (if any) or their respective officers, employees, agents or contractors;

2.1.5 comply in all material respects with the Data Protection Act 1998 (or any equivalent legislation in any applicable jurisdiction);

2.1.6 maintain records relating to this Agreement for seven (7) years following the year in which this Agreement terminates or expires and allow the British Council and/or any end client access to those records on reasonable notice and at reasonable times for audit purposes;

2.1.7 obtain the British Council’s prior written consent to all promotional activity or publicity and act at all times in accordance with the British Council’s reasonable instructions relating to such activity or publicity;

2.1.8 comply with all applicable legislation and codes of practice relating to diversity, ethnicity, equality, non-discrimination and human rights in force in England and Wales and any other territory in which the Services and the Goods are to be provided;

2.1.9 take out and maintain during the term of this Agreement appropriate insurance cover in respect of its activities under this Agreement and, on request, provide the British Council with evidence that such insurance cover is in place;

2.1.10 not, without the British Council’s consent, assign or otherwise transfer any of its rights or obligations under this Agreement;

2.1.11 be entitled to use such parts of the Premises on a non-exclusive basis as the British Council may from time to time designate as are necessary for the performance of the Services provided that use of the Premises is strictly in accordance with the British Council’s reasonable instructions and is to be solely for the purposes of providing the Services; and

2.1.12 promptly notify the British Council of any health and safety hazards which may arise in connection with the performance of this Agreement, take such steps as are reasonably necessary to ensure the health and safety of persons likely to be affected by the performance of the Services and notify the British Council of any incident occurring on the Premises or otherwise in connection with the provision of the Services which causes or could give rise to personal injury.

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2.2 Where the Supplier is not an individual, it shall provide one or more Relevant Person(s) to provide the Services and shall procure that such Relevant Person(s) comply with the terms of this Agreement to the extent that such terms are applicable to such Relevant Person(s). Notwithstanding the deployment of any such Relevant Person(s), the Supplier shall remain wholly liable to the British Council and shall be responsible for all acts and omissions (howsoever arising) in the performance of the Services. The British Council may, in its discretion, require the Relevant Person(s) to enter into direct undertakings with the British Council including, without limitation, with regard to confidentiality and intellectual property.

2.3 The Supplier warrants that the Goods shall: (a) conform to the Specification in Schedule 2; (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier by the British Council; (c) be free from defects in design, material and workmanship and remain so for 12 months after delivery; and (d) comply with all applicable statutory and regulatory requirements.

2.4 Risk and title in the Goods delivered to the British Council shall pass to the British Council on delivery.

3 Status

3.1 The relationship of the Supplier to the British Council will be that of independent contractor and nothing in this Agreement shall render the Supplier or any Relevant Person an employee, worker, agent or partner of the British Council and the Supplier shall not hold itself out as such.

3.2 This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Supplier shall be fully responsible for and shall indemnify the British Council for and in respect of payment of the following within the prescribed time limits:3.2.1 any tax (including, without limitation, VAT), National Insurance

contributions or similar impost or payment of a fiscal nature arising from or made in connection with either the performance of the Services, or any payment or benefit received by the Supplier in respect of the Services; and

3.2.2 any liability for any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Supplier (or, where applicable, any Relevant Person) against the British Council arising out of or in connection with the provision of the Services, except where such claim is as a result of any act or omission of the British Council.

4 Price and Payment

4.1 Unless stated otherwise, the Charges are exclusive of value added tax (VAT) or any equivalent sales tax in any applicable jurisdiction.

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4.2 Unless stated otherwise, the Supplier shall invoice for the Charges monthly in arrears and all such invoices shall be accompanied by a statement setting out the Services and/or Goods supplied in the relevant month in sufficient detail to justify the Charges charged.

4.3 Subject to clause 4.4 below, the British Council shall, unless agreed otherwise by the parties in writing, pay each of the Supplier’s valid and accurate invoices by automated transfer into the Supplier’s nominated bank account no later than 30 days after the invoice is received.

4.4 Where there is an end client, the British Council shall not be obliged to pay any invoice to the extent that it has not received payment relating to that invoice from the end client.

4.5 If the British Council fails to pay any sum properly due and payable (other than any sum disputed in good faith) by the due date for payment, the Supplier may charge interest on the amount of any such late payment at the rate of 4% per annum above the official bank rate set from time to time by the Bank of England. Such interest will accrue from the date on which payment was due to the date on which payment is actually made. The parties hereby acknowledge and agree that this rate of interest is a substantial remedy for any late payment of any sum properly due and payable

5 Change Control

5.1 If either party wishes to change the scope or provision of the Services, it shall submit details of the requested change to the other in writing and such change shall only be implemented if agreed in writing by both parties acting reasonably.

6 Intellectual Property Rights

6.1 Subject to clause 7, each party shall give full disclosure to the other of all Background IPR owned by it which is relevant to the Project (and the Supplier shall give the British Council full disclosure of any Third Party IPR it intends to use).

6.2 All Background IPR and Third Party IPR is and shall remain the exclusive property of the party owning it.

6.3 Each party warrants to the other party that its Background IPR does not, so far as it is aware, infringe the rights of any third party and none of its Background IPR is the subject of any actual or, so far as it is aware, threatened challenge, opposition or revocation proceedings.

6.4 The Supplier hereby assigns to the British Council with full title guarantee by way of present and future assignment all its right, title and interest in and to the Project IPR.

6.5 The Supplier shall procure the waiver in favour of the British Council of all moral rights arising under the Copyright, Designs and Patents Act 1988, as amended and revised, or any similar provisions of law in any jurisdiction, relating to the Deliverables.

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6.6 The British Council hereby grants to the Supplier an irrevocable, royalty-free, non-exclusive, worldwide right and licence to use the Project IPR and the British Council’s Background IPR in, and to the extent necessary for, the performance of the Services.

6.7 The Supplier hereby grants to the British Council an irrevocable, royalty-free, non-exclusive, worldwide right and licence to use the Supplier’s Background IPR in and in connection with the Deliverables and for any purpose relating to the Project.

6.8 The Supplier is responsible for obtaining any licences, permissions or consents in connection with any Third Party IPR required by the Supplier and the British Council for use of the Deliverables (such licences, permissions or consents to be in writing, copies of which the Supplier shall provide to the British Council on request). In addition, the Supplier warrants that the provision of the Services, the Deliverables and/or the Goods does not and will not infringe any third party’s Intellectual Property Rights.

6.9 The Supplier warrants that it has in place contractual arrangements with all members of the Supplier’s Team assigning to the Supplier their Intellectual Property Rights and waiving their moral rights (if any) in the Deliverables such that the Supplier can enter into the assignments, licences and waivers set out in this clause 6.

6.10 The Supplier undertakes at the British Council’s request and expense to execute all deeds and documents which may reasonably be required to give effect to this clause 6.

6.11 Nothing in this Agreement shall prevent the Supplier from using any techniques, ideas or know-how gained during the performance of this Agreement in the course of its normal business, to the extent that it does not result in a disclosure of the British Council’s Confidential Information or an infringement of Intellectual Property Rights.

6.12 Each party shall promptly give written notice to the other party of any actual, threatened or suspected infringement of the Project IPR or the other party’s Background IPR of which it becomes aware.

7 Confidentiality

7.1 For the purposes of this clause 7:7.1.1 the “Disclosing Party” is the party which discloses Confidential

Information to, or in respect of which Confidential Information comes to the knowledge of, the other party; and

7.1.2 the “Receiving Party” is the party which receives Confidential Information relating to the other party.

7.2 The Receiving Party shall take all necessary precautions to ensure that all Confidential Information it receives under or in connection with this Agreement:7.2.1 is given only to such of its staff (or, in the case of the Supplier, the

Supplier’s Team) and professional advisors or consultants engaged to

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advise it in connection with this Agreement as is strictly necessary for the performance of this Agreement and only to the extent necessary for the performance of this Agreement; and

7.2.2 is treated as confidential and not disclosed (without the prior written consent of the Disclosing Party) or used by the Receiving Party or any member of its staff (or, in the case of the Supplier, the Supplier’s Team) or its professional advisors or consultants otherwise than for the purposes of this Agreement.

7.3 The Supplier shall ensure that all members of the Supplier’s Team or professional advisors or consultants are aware of the Supplier’s confidentiality obligations under this Agreement.

7.4 The provisions of clauses 7.2 and 7.3 shall not apply to any Confidential Information which:7.4.1 is or becomes public knowledge (otherwise than by breach of this clause

7);7.4.2 was in the possession of the Receiving Party, without restriction as to its

disclosure, before receiving it from the Disclosing Party;7.4.3 is received from a third party who lawfully acquired it and who is under

no obligation restricting its disclosure;7.4.4 is independently developed without access to the Confidential

Information; or7.4.5 must be disclosed pursuant to a statutory, legal or parliamentary

obligation placed upon the Receiving Party.7.5 In the event that the Supplier fails to comply with this clause 7, the British Council

reserves the right to terminate this Agreement by notice in writing with immediate effect.

7.6 The provisions under this clause 7 are without prejudice to the application of the Official Secrets Act 1911 to 1989 to any Confidential Information.

7.7 The Supplier acknowledges that the British Council is subject to the Information Disclosure Requirements and shall assist and co-operate with the British Council to enable the British Council to comply with those requirements.

7.8 Where the British Council receives a Request for Information in relation to information that the Supplier or any of its sub-contractors is holding on behalf of the British Council and which the British Council does not hold itself, the British Council shall as soon as reasonably practicable after receipt and in any event within five calendar days of receipt, forward the Request for Information to the Supplier and the Supplier shall:7.8.1 provide the British Council with a copy of all such information in the form

that the British Council requires as soon as practicable and in any event

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within 10 calendar days (or such other period as the British Council acting reasonably may specify) of the British Council’s request; and

7.8.2 provide all necessary assistance as reasonably requested by the British Council to enable the British Council to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations, as applicable.

7.9 The Supplier acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the British Council may nevertheless be obliged to disclose the Supplier’s Confidential Information in accordance with the Information Disclosure Requirements:7.9.1 in certain circumstances without consulting the Supplier; or7.9.2 following consultation with the Supplier and having taken its views into

account,provided always that where clause 7.9.1 above applies, the British Council shall, in accordance with the recommendations of the Code, take reasonable steps to draw this to the attention of the Supplier after any such disclosure.

7.10 The provisions of this clause 7 shall survive the termination of this Agreement, however arising.

8 Limitation of Liability

8.1 Nothing in this Agreement shall exclude or restrict the liability of either party to the other for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be limited under any applicable law.

8.2 Subject to clause 8.1, neither party shall be liable to the other whether in contract, tort, negligence, breach of statutory duty or otherwise for any indirect loss or damage, costs or expenses whatsoever or howsoever arising out of or in connection with this Agreement.

8.3 Subject to clauses 8.1 and 8.2, the British Council’s liability to the Supplier in respect of any one claim or series of linked claims under this Agreement (whether in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed an amount equal to the sum of the Charges paid or properly invoiced and due to be paid under this Agreement, plus any late payment interest properly chargeable under the terms of this Agreement, in the twelve (12) month period immediately preceding the event which gives rise to the relevant claim or series of linked claims.

9 Termination

9.1 Without prejudice to any other rights or remedies which the British Council may have, the British Council may terminate this Agreement without liability to the Supplier immediately on giving notice to the Supplier if:

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9.1.1 the performance of the Services is delayed, hindered or prevented by a Force Majeure Event (as defined in clause 20) for a period in excess of 28 days;

9.1.2 where the Supplier is a company, there is a change of Control of the Supplier; or

9.1.3 the Supplier or any Relevant Person is:(i) incapacitated (including by reason of illness or accident) from

providing the Services for an aggregate period of five (5) Working Days in any two (2) week consecutive period;

(ii) convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed);

(iii) in the reasonable opinion of the British Council or the end client (if any) negligent and incompetent in the performance of the Services; or

(iv) guilty of any fraud, dishonesty or serious misconduct.9.2 Either party may give notice in writing to the other terminating this Agreement

with immediate effect if:9.2.1 the other party commits any material breach of any of the terms of this

Agreement and that breach (if capable of remedy) is not remedied within 30 days of notice being given requiring it to be remedied (and where such breach is not capable of remedy, the terminating party shall be entitled to terminate the Agreement with immediate effect);

9.2.2 the other party becomes (or, in the reasonable opinion of the terminating party, is at serious risk of becoming) insolvent or unable to pay its debts as they fall due.

9.3 The British Council shall be entitled to terminate this Agreement at any time by serving not less than 30 days’ written notice on the Supplier.

9.4 Termination of this Agreement, however it arises, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly stated to survive, or implicitly surviving, termination.

10 Safeguarding and Protecting Children and Vulnerable Adults

10.1 The Supplier will comply with all applicable legislation and codes of practice, including, where applicable, all legislation and statutory guidance relevant to the safeguarding and protection of children and vulnerable adults and with the British Council’s Child Protection Policy, as notified to the Supplier and amended from time to time, which the Supplier acknowledges may include submitting to a check by the UK Disclosure & Barring Service (DBS) or the equivalent local service; in addition, the Supplier will ensure that, where it engages any other party to supply

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any of the Services under this Agreement, that that party will also comply with the same requirements as if they were a party to this Agreement.

11 Equal opportunities and diversity

11.1 The Supplier shall ensure that it does not, whether as an employer or provider of services and/or goods, discriminate within the meaning of the Equality Legislation.

11.2 The Supplier shall comply with any equal opportunities or diversity policies or guidelines included in the British Council Requirements.

12 Assignment

12.1 The Supplier shall not, without the prior written consent of the British Council, assign, transfer, charge, create a trust in, or deal in any other manner with all or any of its rights or obligations under this Agreement.

12.2 The British Council may assign or novate this Agreement to: (i) any separate entity Controlled by the British Council; (ii) any body or department which succeeds to those functions of the British Council to which this Agreement relates; or (iii) any provider of outsourcing or third party services that is employed under a service contract to provide services to the British Council. The Supplier warrants and represents that it will (at the British Council’s reasonable expense) execute all such documents and carry out all such acts, as reasonably required to give effect to this clause 12.2.

13 Waiver

13.1 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

14 Entire agreement

14.1 This Agreement and any documents referred to in it constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersede, cancel and replace all prior agreements, licences, negotiations and discussions between the parties relating to it. Each party confirms and acknowledges that it has not been induced to enter into this Agreement by, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) not expressly incorporated into it. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act.

15 Variation

15.1 No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.

16 Severance

16.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable,

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that provision or part-provision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.

17 Counterparts

17.1 This Agreement may be executed in counterparts, each of which when executed shall constitute a duplicate original, but all counterparts shall together constitute one agreement. Where this Agreement is executed in counterparts, following execution each party must promptly deliver the counterpart it has executed to the other party. Transmission of an executed counterpart of this Agreement by email in PDF, JPEG or other agreed format shall take effect as delivery of an executed counterpart of this Agreement.

18 Third party rights

18.1 Subject to clause 1.2.4, this Agreement does not create any rights or benefits enforceable by any person not a party to it except that a person who under clause 12 is a permitted successor or assignee of the rights or benefits of a party may enforce such rights or benefits.

18.2 The parties agree that no consent from the British Council Entities or the persons referred to in this clause is required for the parties to vary or rescind this Agreement (whether or not in a way that varies or extinguishes rights or benefits in favour of such third parties).

19 No partnership or agency

19.1 Nothing in this Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power) and neither party shall incur any expenditure in the name of or for the account of the other.

20 Force Majeure

20.1 Subject to clauses 20.2 and 20.3, neither party shall be in breach of this Agreement if it is prevented from or delayed in carrying on its business by acts, events, omissions or accidents beyond its reasonable control (a “Force Majeure Event”) including (insofar as beyond such control but without prejudice to the generality of the foregoing expression) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, volcanic ash, earthquake, explosion, terrorist act, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

20.2 A party that is subject to a Force Majeure Event shall not be in breach of this Agreement provided that:

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20.2.1 it promptly notifies the other party in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance;

20.2.2 it could not have avoided the effect of the Force Majeure Event by taking precautions which, having regard to all the matters known to it before the Force Majeure Event, it ought reasonably to have taken, but did not; and

20.2.3 it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event, to carry out its obligations under this Agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.

20.3 Nothing in this clause 20 shall excuse a party for non-performance (or other breach) of this Agreement if such non-performance (or other breach) results from the acts or omissions of any of that party’s consultants and/or sub-contractors (except where such acts or omissions are caused by any of the circumstances specifically listed in clause 20.1).

21 Notice

21.1 Notice given under this Agreement shall be in writing, sent for the attention of the person signing this Agreement on behalf of the recipient party and to the address given on the front page of this Agreement (or such other address or person as the relevant party may notify to the other party) and shall be delivered:21.1.1 personally, in which case the notice will be deemed to have been

received at the time of delivery;21.1.2 by pre-paid, first-class post if the notice is being sent to an address

within the country of posting, in which case the notice will be deemed to have been received at 09:00 in the country of receipt on the second (2nd) normal working day in the country specified in the recipient’s address for notices after the date of posting; or

21.1.3 by international standard post if being sent to an address outside the country of posting, in which case the notice will be deemed to have been received at 09:00 in the country of receipt on the seventh (7th) normal working day in the country specified in the recipient’s address for notices after the date of posting.

21.2 To prove service of notice, it is sufficient to prove that the envelope containing the notice was properly addressed and posted or handed to the courier.

22 Governing Law and Dispute Resolution Procedure

22.1 This Agreement and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of England and Wales.

22.2 Subject to the remainder of this clause 22, the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute

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or claim (including any non-contractual dispute or claim) that arises out of or in connection with this Agreement or its subject matter.

22.3 In the event that any claim or dispute arises out of or in connection with this Agreement, the parties shall, following service of written notice by one party on the other, attempt to resolve amicably by way of good faith negotiations and discussions any such dispute or claim as soon as reasonably practicable (and in any event within 14 calendar days after such notice or by such later date as the parties may otherwise agree in writing). If the parties are unable to resolve the dispute or claim in accordance with this clause 22.3, either party may commence proceedings in accordance with clause 22.2.

22.4 Nothing in this clause 22 shall prevent either party from applying at any time to the court for injunctive relief on the grounds of infringement, or threatened infringement, of the other party's obligations of confidentiality contained in this Agreement or infringement, or threatened infringement, of the applicant's Intellectual Property Rights.

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Annex 2. Supplier Appraisal: UK- Nigeria 2015/2016

The details provided in this form will be used to evaluate your suitability to provide goods or services to the British Council.

All questions must be answered. Please do not leave blanks. You may use None or Not Applicable where appropriate.

General InformationName of businessAddressTelephone No FaxWebsite Email

Contact detailsName Position Tel No/Mobile No Email

Company detailsPlc Ltd Partnership Sole trader

Company Reg NoCountry of registrationDate of formation of your businessVAT NoName of parent company or group

Total number of permanent staff

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Number of staff by skill setManagement / Supervision Clerical / SupportOperational Sales / MarketingStaff turnover as a % of total workforce

Description of your core business

Which products/services are normally sub-contracted

Details of major sub-contractors

FinancialPlease attach your current balance sheet and income statement, as well as those for the last two years.Please complete the attached Ratio Analysis. Please ensure that it can be cross referenced with accounts information suppliedDo you have the overall financial strength to bear your proportionate share of the financial obligations as a supplier to the British Council? Yes / No

References

Who do you see as being your typical clients?

Please list your top 5 clients and the goods/services you provided themClient name Details

Who do you see as being your top 3 main competitors?Competitor name Details

How do your products/services stack-up against the competition? (list strengths and weaknesses)Strengths Weaknesses

References: Please supply at least two references we may contact in relation to the goods/services delivered by your businessCompany NameAddressContact Name Tel No Emai

lNumber of years providing goods/services to the businessGoods/services provided

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Company NameAddressContact Name Tel No Emai

lNumber of years providing goods/services to the businessGoods/services provided

E-procurementDo you have a website for trading with customers? Yes No

If yes, what is your URL (site address)?

Quality ManagementDo you operate a Quality Management System (QMS)? Yes No

If yes, what is the standard? (e.g. ISO)

If no, do you operate your own internal QMS? Yes No

If yes please provide details

EnvironmentalDoes your company have a written environmental policy? Yes NoHas your company over the past 5 years been or is in the process of being investigated/prosecuted for any environmental offence?

Yes No

Has your company over the past 5 years been or is in the process of having any Civil action brought against it for any environmental offence?

Yes No

Do you audit the environmental performance of your suppliers? Yes No

Please describe any measures taken by your company to preserve or protect natural resources (if none, state “none)

Health & SafetyDoes your company have a written Health & Safety (H&S) policy? Yes NoHas your company over the past 5 years been or is in the process of being investigated/prosecuted for any H&S offence?

Yes No

Has your company over the past 5 years been or is in the process of having any Civil action brought against it for any H&S offence?

Yes No

Do you audit the H&S performance of your sub-contractors? Yes No

Diversity & EqualityIs it your practice NOT to discriminate directly or indirectly on grounds of race, disability, gender and transgender, sexual orientation, age and religion and belief, in the provision of goods, facilities and services to the public?

Yes No

In the last 3 years has any finding of unlawful discrimination in ANY field been made against your organisation by an Employment Tribunal or any court or in comparable proceedings in any other jurisdictions or has your organisation been the subject of formal investigation (which had a negative finding) by relevant authorities (such as Equality and Human Rights Commission or its predecessors) on the grounds of

Yes No

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alleged unlawful discrimination?

If your answer is Yes, please advise what the unlawful finding(s) was/were and what corrective actions have been taken by your organisation as a result.

If your answer is Yes, please advise what the unlawful finding(s) was/were and what corrective actions have been taken by your organisation as a result.

If you are not subject to UK law please supply details of how you or your organistion comply with equivalent legislation that is designed to eliminate discrimination and to promote equality of opportunity

Child ProtectionDoes your company have a written Child Protection policy? Yes NoIf yes, have all staff and sub-contractors (if any) been made aware of the policy?

Yes No

Is the policy enforced and there are procedures and guidelines to support the policy being implemented

Yes No

If yes, what are the procedures?

Do you ensure that any sub-contractors you work with have a child protection policy

Yes No

If the sub-contractor does not have a child protection policy, are they willing to create one and enforce it?

Yes No

If they are not willing what is their reasoning for refusing?

Does your organisation have a process for reporting suspected abuse? Yes No

If so, what is it?

Have there ever been any child protection related incidents at your company? If so please give details (what, when, where, how many? etc)

Were these incidents followed up and closed/resolved?

Conflicts of Interest

To the best of your knowledge is any key employee or senior management of your organisation related by blood, marriage, current or past business association or otherwise) to a Public Official? If yes, please explain

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If yes, please describe the relationship between such person(s) and the Public Official

To the best of your knowledge, is any shareholder or any partner in your organisation or any subsidiaries of the shareholder(s) or partner(s) owned in any part by a Public Official or a person related to the Public Official?

If yes, please list the Public Official(s) and their percentage ownership interest.

To the best of your knowledge does any Public Official or a member of a Public Official's family have any interest, or stand to benefit in any way from you becoming a supplier to the British Council? If yes, please explain

Have you or any of your key employees or senior management member of your organisation, ever been convicted of a felony or any serious crime in the country where the services will be delivered or in any other country (other than traffic violations)? Are there any legal proceedings of this nature pending?

DeclarationI/We hereby certify that the information supplied is accurate to the best of my/our knowledge and understanding. I/We understand and accept that false information could result in exclusion from the selected list of suppliers.NamePositionDate

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Annex 3:

UK/NG: United Kingdom - Nigeria 2015/2016

UK/NG 2015/2016 is a programme that aims to connect over forty million young Nigerians (aged 18 – 35) to the UK by building new audiences for UK and Nigerian arts and culture.

The UK/NG 2015/2016 programme will take place in 3 cities across Nigeria and 2 – 3 cities across the UK, feature over 30 projects at 80 events all aimed at increasing collaboration between young people in both countries through the arts.

By increasing access to arts and culture from the two countries, we are aiming to build mutual understanding among young people in both countries and reaffirm the UK’s position as a partner for the growth of the arts and creative industries in Nigeria

Context

New figures released in May 2014 show that Nigeria is now Africa’s biggest economy. This can be attributed to the incorporation of new and fast-growing sectors including telecoms and creative

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industries into the GDP data. The Nigerian creative industries notably music and film but also fashion and other sectors are increasingly recognised as an important expression of Nigerian creativity and a powerful contributor to Nigeria’s economy.

Over 70% of Nigeria’s 178 million citizens are aged 35 or under. This young Nigerian population is very entrepreneurial and digitally literate.

The creative industries are also one of the UK’s great strengths. Official statistics published in February 2014 revealed that the UK’s creative sector is now worth £71.4 billion per year to the economy, generating over £8 million pounds an hour.

Artistic Themes

The UK/NG 2015/2016 programme builds on our links to creative entrepreneurs and artists in Nigeria and provides opportunity for collaboration between Nigerian and British artists.

Artistic projects will be developed in line with the following themes:

1. Young People and Innovation

Changing digital trends are creating opportunities for innovative approaches to the creation and distribution of artistic content particularly among young people to develop artistic models that use digital platforms to reach new audiences and find new markets.

UK/NG 2015/2016 will build on this trend and facilitate increased participation of 18 – 35 year olds in artistic creation and consumption through collaboration with their UK peers. This strand of work will focus on building digital, technical and entrepreneurial skills and promoting creation of new work by young people in new, non-traditional arts spaces while facilitating creative enterprise

Projects that meet this theme include Creative Hustle; a series of talks in various locations in Nigeria will offer young people the opportunity to engage with creative entrepreneurs and other industry professionals to talk about creative business and enterprise.

2. Public Space and increasing access to the arts

The programme will promote community engagement with arts and culture; by boosting awareness and capacity around programming work in public spaces. We will aim to increase access to artistic work and practice as well as build new audiences who may not engage with traditional arts spaces. We will also use mobile, social media and other digital channels to creatively promote inclusion across geographical and socioeconomic boundaries.

Following on from two years of curating and managing Lagos Theatre Festival, in February 2016 we will hold a ‘core’ curated festival and a new open source fringe model which will run alongside. The 2016 festival will present work from new voices, use digital to promote community engagement and facilitate working in new spaces which engage the whole city.

3. Collaboration

Collaboration between Nigerian and UK artists and arts organisations will be at the heart of the programme, building capacity and relationships which allow these collaborations to keep happening long after the programme is completed by creating pathways for UK artists and arts organisation to engage with the burgeoning Nigerian creative scene. .

Playable Cities, a collaborative programme that links Nigerian and UK digital experts and creative producers will explore how the cultural sector and creative thinking can influence city development and community participation; Remix will see UK and Nigerian music producers and artists work

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together to remix music content from both countries resulting in a compilation of remixed tunes promoted through, digital channels, and live events.

Audiences

We intend to focus hard on 18-35 year – old demographic for our work, using young artists and organisations who have expertise in working with young people. We plan to significantly reach out and engage with this young demographic as participants and audience, through both physical and virtual participation, acknowledging that this peer group are the leaders, business owners and decision makers of the future.

We are aiming to build on existing arts audiences by targeting ‘non - traditional’ arts audiences in diverse locations in Nigeria for example by working on mainland Lagos and other Nigerian cities where the British Council arts work has had limited presence like Abuja and Calabar; we will do this through both face to face and digital activity. In the UK, we will aim to target ‘new’ audiences - mainly non-diaspora, and aim to work outside of communities where there are already mechanisms for engagement with Nigeria reaching across the whole of the UK to identify focus cities, partners and collaborators.

What does success look like?

Success will be measured as:

- New audiences created for UK and Nigerian work reciprocally - Increased dialogue, collaboration and connection between Nigerian and UK artists and

organisations especially using digital technology - Increased artistic expression by young people especially around public spaces - Changed perceptions about Nigeria and the UK reciprocally - Increased leadership, management, technical and entrepreneurial skills of artists and creative

entrepreneurs in Nigeria leading to increased capacity of Nigerian arts organisations with the stronger ability to network with the UK

- New models developed for showcasing especially through the use of public spaces for artistic presentation

Timings

The programme spans the period April 2015 till March 2017. There will be a focus period within this from September 2015 till April 2016 during which the main showcase events will be held. The longer term projects will run till March 2017.

Timelines are as follows:

January – March 2015 – Project Development, Scoping Visits

End March 2015 – Programme Calendar agreed

June 2015 – Season Announcement

September 2015– Season Launch

April 2016 – Season End

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May 2016 – Mar 2017 – Legacy activity

Working with partners

We will work with partners on all parts of the programme. Some of the partnerships have being developed already with organisations in Nigeria and the UK. In addition, we are running an open call to identify about 15 projects that fit the programme aims to which we will offer grants of between 5,000 to 10,000 pounds. The call will run from Mid Feb 2015 to End March 2015.

Through our work with partners, we are aiming to make the programme the most exciting and substantial arts programme aimed at young people ever held in Nigeria and build a strong legacy that connects the Nigerian and UK arts sectors far into the future.

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Annex 4:

British Council Data Protection Code For Partners And Suppliers

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Annex 5:

Child protection

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