TERMS & CONDITIONS OF ARTIST REPRESENTATION
Last updated on 01st November 2017
This agreement is made between BETA Art Kenya, and the Artist (you). BETA Art Kenya (hereinafter known as ‘the company’) is an online art gallery that facilitates the buying and selling of original artwork without commercially exploiting digital images of works of art by artists.
This Agreement describes the general terms and conditions applicable to the representation of the Artist (you) on the company website.
BETA Art Kenya reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. Your continue access to and/or use of the Site or our services after modification has been posted on the site and notice given thereof will be construed as an acknowledgment of the new terms and conditions by yourself.
The Company has no right to transfer any legal ownership of items from the seller to the buyer. The Company provides the online platform www.beta-art.co.ke through which artists can exhibit and make their work available for sale.
The artwork offered on BETA-art.co.ke consists of original works of art, drawings, paintings, photographs. The Artist guarantees that all statements made by the Artist to the company are true, complete, correct and not misleading in any respect.
THE COMPANY AND THE ARTIST AGREE ON THE FOLLOWING:
- LISTING WORKS ON THE SITE
- May submit listings for original works of art and services (“Original Works of Art“) that you have created and which you desire to sell to BETA Art Kenya.
- May not submit listings for Original Works of Art that were created by another artist.
- May submit listings for digital images of works of art (“Digital Works‘) that he has created and that he desires to commercially exploit through the site.
- May not submit listings for Digital Works that were created by another artist.
- Must provide BETA Art Kenya with all relevant and accurate information as required on our site (artist account), as well as comply with all other Without limiting the generality of the foregoing, artists may be required to verify their identity by providing BETA Art Kenya with copies of a government-issued ID or similar documentation.
Artists listings may not be immediately searchable by keyword or category as BETA Art Kenya would need to review the listings beforehand. Once approved, the company will notify the artist within 5 working days with a decision as to approval or rejection of the listings.
Upon approval, BETA Art Kenya shall contact and arrange with the artist to attend to the physical photography of the listed artworks only and a resultant upload within 5 days. The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
The artist retains the right to remove his listing from the Site. If you want to remove a listing for an Original Work of Art or Digital Work from the Site you must inform BETA Art Kenya, and the image shall be deleted and confirmed in 24 hours’ time via your provided contact details.
- ARTIST ELIGIBILITY
Only artists residing in East Africa are currently eligible to apply for representation. These terms and conditions of sale do not limit the artists right to enter into any other agreements with any other person including art galleries and other potential sellers.
- APPROVAL OF ARTIST
The Company retains the right to the final decision over who is accepted for representation on the BETA-art.co.ke website.
In case of breach of a fundamental term of the contract by an artist, the company reserves the right to withdraw this artist from the website or exhibitions immediately without notification. Artists must not provide false information of any kind including, but not limited to, availability of work, editions of work. Any breach of this will result in the contract being terminated and possible legal action being taken.
- APPROVAL OF ARTWORK
The Artist grants the company the right to display his/her artwork, biography and photograph on BETA-art.co.ke and to offer the Artist’s artwork for sale in accordance with the terms of this Agreement.
The Company will assert your moral rights not to have your artwork treated in a derogatory manner (by any addition, deletion, alteration or amendment) whenever it is seen in public and we will give you full credit as the author wherever your artwork is shown.
The artist must show proof of ownership of any artwork made available for sale on the site. The artist must own the copyright to any artwork you offer to us for reproduction or make available for sale.
Should the Artist wish to include artwork from the site in a Group or Solo Exhibition, the Artist must inform the company at 30 days prior to the exhibition to allow the company time to unlist the artwork on its side for the duration of the exhibition.
- PRICING AND COMMISSION
Making artworks available for sale on the site is completely free. The Company will bear the cost of displaying and promoting the artwork.
All prices displayed on the site are in Kenya Shillings or US dollars and will be clearly indicated accordingly.
Prices of artworks are established at the sole discretion of the Artist and the company. BETA-art.co.ke is not an auction website and as such the prices are fixed and non-negotiable. The Company will not discount, mark-up or have any control whatsoever over the valuation of the Artist’s artwork.
Upon a successful sale, the Company will charge a fixed sales commission.
The Company will take a 30% commission on the price of an artwork as sold.
The customer is liable for any shipping fees.
- ARTWORK SALES
The Artist shall respond within 24 hours to the Company following an enquiry from a prospective buyer sent to BETA-art.co.ke. The Artist will be notified of a sale by mobile text and/or email, and has the following obligations in completing the transaction:
(a) The Artist must ensure the artwork is easily available for collection and shipping within 1 business days of receipt of the notification of the sale and agree the date and time of collection. The Artist must provide the Company with alternative contact and collection details prior to taking leave of absence.
(b) Logistics and Insurance. The Company facilitates the shipping process on behalf of the Artist in order to provide the buyer with a seamless purchase process through the site. The Artist will indemnify the Company, its officers, directors, employees and agents, from any claims for damage to artwork that may occur during transit from the Artist to the buyer. Please note that courier companies will not insure artwork against damage, and it is the responsibility of the Artist to insure their work whilst in transit should they deem it necessary to do so. The Company will not compensate the Artist for artwork that arrives at its destination damaged. The buyer will be fully refunded and the artwork will be returned to the Artist.
The company will make direct collections, deliveries and installation of artworks, in good condition, from artists within Nairobi to buyers within Nairobi at no fee to the artist.
(c) BETA Art Kenya will print (in colour) a COA (certificate of authenticity), which must be signed by the artist to be included with their packaged artwork for delivery by BETA Art Kenya.
(d) No artist contact details are to be on, or included in, the artwork package.
(e) Should an artwork which is listed for sale on BETA-art.co.ke become unavailable for whatever reason, it is the responsibility of the Artist to immediately contact BETA Art Kenya towards deleting the artwork listing from BETA-art.co.ke. In the event that an artwork is sold through BETA-art.co.ke that is no longer available, and the artist fails to inform BETA Art Kenya of its unavailability, the Artist is responsible for the credit card company cancellation fee or applicable bank and Mpesa charges, and will refund the Company.
(f) The Company operates a Seven Day Money Back customer refund policy provided the work is returned to the Artist in its original condition.
- PAYMENT TO ARTIST
Payment to the Artist following the sale of an artwork will be made within seven (7) business days of delivery to the Purchaser. This allows for the expiry of any period during which the Purchaser can return the artwork and apply for a refund. The Artist will be paid the price of the artwork less the Sales Commission.
- ARTWORK RETURNS
Artwork that is returned within the Company policies will be sent from the buyer to the company and, the company will return the same to the Artist. The artwork will no longer be considered sold and no money will be paid to the Artist. The Artist will not incur any costs involved in the return unless they have provided the incorrect artwork, false information, or withheld information relating to the condition and sale of the artwork.
- COMPANY AS BROKER
Both parties are independent, and neither is the agent, independent contractor, joint venture, partner, or employee of the other. The Company has no relationship with the Artist except for offering the site as a platform that allows artists to offer and sell artworks at any time, from anywhere, at a fixed price. The company has no control over the safety or legality of artworks. The Artist accepts sole responsibility for the legality of his actions under laws applying to himself. The Artist is responsible for paying any tax that is due as a result of sales of the artwork through the site. The Artist is responsible for co-operating with the Company in all matters requested; including all arrangements for defective or damaged artwork.
If you are a Member and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Site and Services.
Any contacts made through the site may not be pursued privately by the artist for 1 year following any termination of their contract with the Company. If contact is made by either the Artist or the buyer, the Company must be informed by the Artist. Artists must never contact BETA-art.co.ke buyers/clients to offer artworks or services if the contact was as a result of, or originated from a BETA-art.co.ke introduction, or showcase either online or offline.
The Artist guarantees that the artwork submitted to the Company is original work and does not
infringe the copyright or other intellectual property rights of any third parties. The company might like to use images of artworks made available for sale for advertising and promotional purposes without the need to request your permission at the time. When you agree to make artwork available for sale you grant us a nonexclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity, trade-marks, database rights and intellectual property rights you have in the artwork, to be copied, published, translated and distributed in any medium and in any form for advertising and promotional purposes for the duration of this Agreement. We reserve the right to resize or crop an image and to use a detail from an image only. We confirm that you will retain the copyright in any artwork we sell on your behalf and your copyright cannot be sold by us without your prior written consent and for an additional fee to be agreed.
- OUR RIGHTS
The Artist or the Company may terminate this Agreement by giving 30 days’ written notice to the other party. The Company may terminate this Agreement:
- a) Immediately should the Artist breach any of the terms of this agreement;
- b) If an artist has failed to sell any work and rarely submits new works after 4 months of being on the site, their work may be removed to allow another artist space at our discretion. The time period and conditions under which each Artist’s web space is allocated is subject to change.
The Artist will indemnify the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to, or use of, BETA-art.co.ke, or your violation of these Terms.
The Company will not be liable for any loss of revenue or damages arising in connection with this agreement. The Company will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damage arising out of or in connection with this Agreement. The Company has no liability of any sort (including liability for negligence) for acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment. The Company makes no representation that the operation of BETA-art.co.ke will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or downtime.