Modernised Contextual Data Service (MCDS) terms and conditions

The Modernised Contextual Data Service (MCDS) is being run for the purposes of contextualised admissions. More information about contextual admissions can be found on ucas.com. UCAS has agreed to provide the Services to you as a Customer of the Undergraduate Admission Service on the terms set out in this agreement for a specific purpose. These MCDS terms and conditions together with the UCAS Undergraduate Terms of Service, and MCDS User Guide comprises the entire agreement between you and UCAS in respect of the supply of the MCDS Service.

1. Definitions and interpretation

In these MCDS terms and conditions, the following expressions will have the following meanings:

“Agreed Purpose” means assisting with contextualised admissions to include, adding wider context to an application, eligibility for outreach and to assist providers analysing and understanding the nature of a cohort against socio economic factors. While MCDS Data should be used for wider context to an application, it should not itself be the basis of admission.
“Agreement” includes these MCDS terms and conditions, the Undergraduate Terms of Service, and the MCDS User Guide as updated and reissued by UCAS from time to time.
“Applicant” means a person who has applied for an undergraduate course (or courses) through UCAS.
“Capitation Fee” means the annual fee paid by UCAS Customers who use the Undergraduate Admissions Service 
“Clearing” means the period from 5 July 2025 to 20 October 2025.
“MCDS Data” means the data included in the applicant-level data file as described in the MCDS User Guide.
“MCDS” means the Modernised Contextual Data Service by which UCAS provides participating HEP Customers with a set of individual-level contextual statistics about their applicants.
“System” means any information technology system(s) owned or operated by you.

2. Provision of MCDS Service

2.1. This Service is available to UCAS Customers who use the Undergraduate Admissions Service. The Customer must agree to these MCDS terms and conditions to receive any MCDS Data.

2.2. UCAS shall provide the MCDS Data in accordance with Clause 3.

2.3. There will be no additional cost for receiving the MCDS Data, this service shall be included as part of the Capitation Fee.

2.4. MCDS Data shall be provided to the Customers for  Applicants who have made an application to the Customer. During the Clearing period Customers will be able to access MCDS Data in accordance with Clause 4.2.

2.5. UCAS reserves the right at all times to vary, change, alter, amend, add to or remove the MCDS service and these terms and conditions.

3. Relevant dates

3.1. UCAS shall provide the MCDS Service on a daily basis as per the MCDS User Guide (not including weekends or bank holidays).

3.2. UCAS will use its reasonable endeavours to deliver the MCDS Service in accordance with any delivery dates and times set out in the MCDS User Guide. Any such dates and times are provisional and approximate only.

4. Using the MCDS Data

4.1. The MCDS Data supplied by this Service is strictly for the Agreed Purpose. No other purpose is permitted.

4.2. The MCDS data accessed during Clearing must only be used to review the information of individuals making Clearing enquiries directly to the Customer prior to application, choice submission, or a situation where an admissions decision is outstanding for an Applicant to the Undergraduate scheme. No actions are permitted beyond the Agreed Purpose.

4.3. No attempts should be made to access protected areas of this product as this will be a breach of contract and a potential offence under Section 171 of the Data Protection Act 2018.

5. Warranties

5.1. UCAS warrants that it has the right to license the receipt and use of MCDS Data as specified in this agreement.

5.2. Except as expressly stated in this agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.

5.3. Without limiting the effect of clause 5.2, we do not warrant that: 
(a) the supply of the MCDS Data will be free from interruption; 
(b) the Services will run on any of your Systems;
(c) the MCDS Data is accurate, complete, reliable, secure, useful, fit for purpose or timely; or
(d) the MCDS Data has been tested for use by you or any third party or the MCDS Data will be suitable for or be capable of being used by you or any third party.

6. Termination

6.1. If the Customer fails to comply with Clause 4 of this Agreement, UCAS may terminate this Agreement with immediate effect by notifying the Customer.

6.2. Upon termination for any reason, the Customer will immediately destroy or return to UCAS all copies of MCDS Data in the Customer’s possession, custody or control and, in the case of destruction, certify that they have done so.

7. Other important terms

7.1. This agreement is personal to you and you shall not assign, transfer, mortgage, charge, sub-contract, declare a trust of or deal in any other manner with any of its rights and obligations under this agreement.

7.2. This agreement constitutes the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.

7.3. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement.

7.4. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

7.5. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

7.6. Each of the conditions of this agreement operates separately. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

7.7. Except as expressly provided in this agreement, no variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

7.8. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for four (4) weeks, the party not affected may terminate this agreement by giving seven (7) days' written notice to the affected party.

7.9. Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

7.10. If there is any uncertainty between any provision contained in the body of the MCDS terms and conditions, the Undergraduate Terms of Service or any provision contained in the MCDS User Guide, the provision in the body of the MCDS Terms and conditions shall prevail.

7.11. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

7.12. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Last updated: 27 January 2025