digital projection equipment programme letter of offer - Scottish Screen

DIGITAL PROJECTION EQUIPMENT PROGRAMME LETTER OF OFFER AND AGREEMENT 

Subject to Execution and Acceptance of the Standard Conditions of Scottish Screen 

Investment 

[Date] 

Applicant’s Name 

Applicant’s Address 

(“the Applicant”) 

Dear Applicant’s Name 

Re: 

Digital Projection Equipment Programme (“DPEP”) GIA Reference -XXXXXX 

Thank you for your application to Scottish Screen a company incorporated under the Companies Act 

(Registered Number: 173976) (a charity registered in Scotland, No: SC026210) having its registered 

office at 249 West George Street, Glasgow G2 4QE, Scotland (“SS” which expression shall include 

its successors in title licensees and assigns) requesting investment to enable you to fund the 

purchase of digital projection equipment for your cinema/organisation. 

SS has agreed to invest the sum of £XXXXXX [amount in words] (“the SS Investment”) 

towards the purchase of equipment and installation costs.. 

1. In accepting this offer you must undertake to provide SS with the following: 

o 

o 

o 

o 

o 

o 

Full details of the project or proposed activity with timeline for completion; 

Copies of all original receipts as proof of evidence of costs incurred; 

Monitoring reports on the work undertaken and the equipment purchased (Template 

attached as Annexe 1); 

Copy of the Applicant’s Memorandum and Articles of Association; 

Copy of the Applicant’s most up to date audited accounts; 

Details of the Applicant’s bank account for this project. 

[any special conditions that might be relevant to this specific award] 

2. In accepting this offer you also acknowledge and accept that: 

o 

o 

o 

o 

SS’s investment will only be made once all the conditions of this Letter of Offer and 

Agreement are met; 

You, the Applicant, must submit an invoice for the full amount of SS’s investment 

(which excludes VAT) with all original receipts attached as evidence of expenditure; 

Payments of amounts due will be made by cheque or BACS within 30 days of 

submission off the invoice; 

The equipment will be utilised, maintained and insured for at least three years; 

July 2008 Digital Projection Equipment Programme Offer Letter and Agreement 1

o 

o 

That SS will be notified of any plans for the Applicant to cease operating and in the 

event thereof, SS will be able to reclaim the SS Investment if within the three year 

period; 

A further monitoring and evaluation report will be required at 6 & 12 months after the 

funds have been paid. 

3. Under the terms of this Letter of Offer and Agreement all elements of Scottish Screen’s 

Standard Conditions of Investment apply. 

4. The SS Investment award must be drawn down within 12 months of accepting the offer (“the 

Offer Period”). If the SS Investment award is not executed within this Offer Period, the offer 

will lapse and you will be notified in writing to that effect. 

5. Until the SS Investment award is executed and all specific conditions (if any) have been 

satisfied, SS shall have no obligation to provide any funding and SS cannot accept any 

liability for any costs you, the Applicant, incur in advance of the award being made. 

6. The applicant shall procure the provision of all other finance required to complete the 

investment in the equipment and its installation. SS shall have approval over the business 

terms finance for the project. 

7. This offer is subject to receipt of a signed acceptance of the Scottish Screen common 

branding policy regulations (as enclosed with this letter). 

8. The Applicant shall not issue any press release nor make any public announcements 

regarding the Applicant or SS’s involvement in this transaction without the prior written 

approval of SS. SS shall have the right to disclose details of the SS Investment without the 

prior written approval of the Applicant. 

9. Any publicity relating to the roll of out this equipment/installation should have reference to SS 

investment in the form of Scottish Screen Digital Projection Equipment Programme Detailed 

guidelines for use and images can be obtained from the Investment Administration 

Department at Scottish Screen. 

10. As referenced in your application statement and under the rules of the Data Protection Act 

1998 SS will retain the right to use the information provided by you in your Evaluation Report 

to inform future cinema investment planning and as a source of information from which SS 

can advise or guide other Scottish screen industry professionals or emerging screen industry 

talent. 

11. The terms and conditions of this Letter of Offer and Agreement and any other information 

obtained regarding this letter or in connection with this transaction as a whole (“the 

Confidential Information”) is and shall remain strictly confidential. The Applicant shall not 

disclose to any third party or make public the Confidential Information without SS’s prior 

written consent. 

SS will endeavour to keep such Confidential Information confidential, but as a Public 

Authority in terms of the Freedom of Information (Scotland) Act 2002, may require to disclose 

certain information when required to do so under that Act. Where the Applicant stipulates at 

the time of providing the information to SS that it believes the information should be 

considered exempt from disclosure under that Act, and a request to SS is subsequently 

made for disclosure of some or all of that information, SS will endeavour to discuss such 


disclosure with the Applicant prior to making its decision. The Applicant accepts and 

acknowledges that the decision on disclosure rests solely with SS. 

12. SS shall be entitled to assign the benefit and burden of this Agreement to any 

successor body and SS shall notify the key personnel in writing of such assignment. 

13. The validity, construction and performance of this agreement shall be governed by Scots 

law. All disputes, claims or proceedings between the parties relating to the validity, 

construction or performance of this Agreement shall be subject to the non-exclusive 

jurisdiction of the Scottish Courts. 

This offer is subject to the receipt of a signed copy of this Letter of Offer and Agreement. Once this 

has been received and all conditions of this offer are met we will be able to release the investment 

funds. 

Yours sincerely 

Linda McClure 

Head of Business Affairs 

__________________________________ 

Authorised Signatory of [Applicant] 

Witness:___________________________ 

Name:_____________________________ 

Address:___________________________ 

__________________________________ 


Standard Conditions of Scottish Screen Investment 

If your application is successful, you will have to comply with the following conditions. Please note 

that we may also add specific conditions to your particular Investment. 

1. You must use the SS Investment for the project/activity you applied for and for the purpose 

set out in the approved application. At no time can you make any important changes to the 

project/activity described in the approved application without the written consent of Scottish 

Screen. 

2. You cannot transfer the SS Investment to any other organisation without the written consent 

of Scottish Screen. 

3. If there is an under spend on the project/activity you must return the appropriate share of the 

SS Investment to Scottish Screen. 

4. You will be required to supply Scottish Screen with regular progress reports as required and 

with any further financial or other information that may be deemed necessary by Scottish 

Screen to monitor the Investment expenditure. 

You will be required to comply with monitoring arrangements as required by Scottish Screen 

in relation to the project/activity and to provide Scottish Screen with any information it 

requires to establish that the project/activity has been completed properly in accordance with 

the Letter of Offer and Agreement. 

5. The SS Investment may have to be repaid in full or in part if any of the SS Investment 

conditions are breached. 

6. If there is a material change of purpose, ownership or organisation structure during the life of 

the project then Scottish Screen reserves the right to reconsider the application and you may 

be required to repay the SS Investment. 

7. In addition to the above, and subject to the provisos below, the SS Investment 

shall become repayable and any future payments stopped where: 

i) the organisation ceases to operate (unless it merges with, or is replaced by another 

body, which is able to fulfil the purposes of the investment to Scottish Screen’s 

satisfaction); 

ii) your organisation closes down or is declared bankrupt, goes into receivership or 

liquidation; 

iii) you fail to apply the SS Investment for the purposes for which it was intended. 

iv) you do not complete the project/activity; 

v) we discover that you gave incorrect, misleading or fraudulent information on your 

application form; 

vi) where at any time during and in respect of completion of the project/activity or 

initiative, you have acted: 

(1) fraudulently; or 

(2) negligently, to the extent that in the opinion of Scottish Screen it has a material 

effect on the project or activity; 

8. Scottish Screen can only guarantee to pay you the SS Investment if Scottish Screen 

continues to receive funds for this purpose; 


9. If you overspend on the project/activity, you must let Scottish Screen know immediately. 

Scottish Screen cannot increase investments which have already been offered and 

accepted. 

10. You cannot sell or give away assets which you bought with the SS Investment without the 

written permission of Scottish Screen. If you sell these assets, you must pay Scottish Screen 

an appropriate share of the money you receive for them. 

11. Scottish Screen must have prior written approval of any mortgages or charges over the 

project/activity. 


ANNEXE 1 

DIGITAL PROJECTION EQUIPMENT PROGRAMME 

MONITORING AND EVALUATION REPORT 

JULY 2008 

Background 

Scottish Screen has an Evaluation process that will require you to provide reports at 6 and 12 

months after the Offer has been accepted. The 6 and 12 month reports will be dated from the final 

payment date. 

Please note that failure to report as requested or in full will result in future applications to Scottish 

Screen being deemed ineligible and will either be rejected immediately or held back until the 

appropriate paperwork has been delivered. 

Evaluation 

1. General Information 

DIGITAL PROJECTION EQUIPMENT INVESTMENT 

Reference: 

Organisation/Company: 

Contact: 

Contact Details: 

Tel: 

Email: 

Fax: 

Contact Details (If different from above): 

Address: 

Tel: 

Email: 

Fax: 

2. Project Information 

Please provide details below outlining how the Project has performed against the original application 

in terms of the following points: 

General update on DPEP since SS Investment award was made: 


Details of Type and Location of Digital Projection Equipment bought and 

installed: 

Total seating capacity of screens in which Digital Projection Equipment was 

installed: 

Details of any facilities that you have installed and provided to allow people with 

disabilities to access your service: 

Please list the film titles that you have screened using the equipment: 

Please give details about the scheduling of the screenings using the equipment: 

Details of training that has been provided to staff in relation to the Digital 

Projection Equipment: 

Please give details of any audience development plans that you have undertaken 

to promote this new facility and screenings: 

Please comment about the availability of films of interest to your audience: 


3. Projections 

Please provide details of future plans for the project and use of the equipment for 

the next 12 months: 

Important note 

We will hold the information you give on computer. 

Your statement 

This must be signed and dated by the main applicant. 

All the information on this evaluation report is true and correct. I will tell you immediately if anything 

changes which could affect this report in any way. 

I am happy for you to provide copies of this report to any person or organisation you need to consult 

regarding this Project. 

Your signature 

Date

digital projection equipment programme letter of offer - Scottish Screen

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