TERMS AND CONDITIONS OF USE OF
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of www.artinoffices.com ("the Website") and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services. The term "Art in Offices Limited" or “us” or “we” refers to the owner of the website Art in Offices Limited incorporated in England under number 7954605. The term “you” refers to the user or viewer of our website.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
2.1 Art in Offices services are described as, but not limited to:
- The provision of artwork for sale
- Arranging Artwork rentals
- Arranging artwork subscriptions (rotating artwork sets at regular intervals)
- Art Consultancy
- Commissioning artwork for private spaces such as offices and hotels
- Commissioning artwork for public spaces
- Art Collection Management
- The creation of art strategies for the purpose of art investment
- The creation of art strategies to link with Corporate Social Responsibility policies and other charity projects
- The creation of and running of art prizes and awards
- Creative teambuilding workshops
3.1 Terms of Sale
The works represented on this website are original works which means that they are a one off or a very limited print run. In all transactions with Art in Offices Limited – including but not limited to art rentals, subscriptions and purchases – you agree and accept that the website image is an accurate reflection of the physical work rented or purchased from Art in Offices Limited (damages to artwork are excluded from this clause and are subject to separate terms as specified in Section 5.3).
3.2 In negotiating with Art in Offices Limited and/or during any terms of contract with us – including but not limited to art rentals, subscriptions, and purchases – you agree not to directly contact any artists that are listed on the Art in Offices Limited website (www.artinoffices.com) or otherwise contracted with us.
3.3 For all sales, we require a 50% deposit prior to delivery and the balance paid in full within 7 days of delivery.
3.4 For all bespoke commissions, we require a 50% non-refundable deposit to cover artist costs and time. The balance will be due within 7 days of delivery.
3.5 All rental contracts, subscriptions or otherwise are for an initial length of 12 months. All subsequent rentals are also for a contract length of 12 months.
3.6 Rental Subscriptions will have the rotation dates laid out in the contract, for the avoidance of doubt.
3.7 All rental and subscription contracts require a refundable deposit of one month’s rental fees.
4. CONSULTANCY AND FEES
All initial consultations are complimentary and include: a visit to your office by a member of our team, an initial proposal of artwork suggestions, mock ups of artwork in situ, budgets and quotes based on our artwork suggestions.
4.1 Art in Offices will provide up to three complimentary proposals for any prospective client, based on one initial brief. After the provision of three proposals, based upon the initial brief, said prospective client will be liable to pay Art In Offices Limited a rate of £300.00 for any/each additional uniquely designed proposal thereafter. This is to cover our time and efforts.
4.1.1 Art in Offices reserve the right to charge clients a £300 consultation fee to any client who contacts our artists directly.
4.1.2 Art in Offices reserve the right to charge clients a £300 consultation fee, to any client who uses our complimentary services to find artwork outside of our own artist family, and then purchases artwork directly from the artist or other gallery representative.
4.1.3 By using our complimentary consultation services you agree to abide by the above in clause 4.1.1 and 4.1.2
4.2 For consultancy only services, Art in Offices will charge the client £300 for the initial consultation, and then £300 for each additional day of work relating to the consultation and client brief.
4.3 For consultancy only services, Art in Offices will charge the client £300 for the initial consultation, and then £600 for each additional day of work relating to the consultation and client brief.
4.4 Rental fees are always 4% of the retail price of the artwork, in the case of original artworks.
4.5 In the case of Subscriptions, Art in Offices allocates a price bracket per wall/space.
4.6 In the case of rentals and subscriptions, clients will be required to make 12 full payments by direct debit of the agreed fees. Payment should be made within 14 days of the nvoice being sent, except for the first monthly payment of the contract period which is due upon installation of the work/s.
4.7 Any amount due to Art in Offices pursuant to this Agreement and remaining unpaid after the date when payment was due shall bear interest from the date such payment was due until paid at an annual rate equal to the current Base Rate of the Bank of England plus a statutory interest rate of 8%. This is line with HMRC's late payment guidance.
5 DELIVERY OF WORK
Artwork prices do not include cost of packaging and delivery which are charged in addition. Shipping cost is calculated from point of dispatch to your office address. Delivery address details, timing, costs and any special options will be confirmed by phone or email prior to delivery.
5.1 Art in Offices will provide you with accurate shipping and packaging costs within the final quote that you agree upon. These quoted costs will be invoiced for directly to your company.
5.1.2 In the case of long term rentals (12 months or more) or purchases, you will be required to pay the costs for shipping and delivery in advance of the artwork being installed and upon the removal of the artwork at the end of the term.
5.1.3 In the case of subscriptions, the cost of delivery will be spread across the monthly fees, which are limited to the 12 months of the contract.
You may be required to sign for the delivered package so it is your responsibility to inspect the work on delivery. If your work should arrive damaged please record the damage in detail with the person making the delivery, and contact us immediately by phone or email. We recommend that you photograph any damage to the external packaging before opening and of the work when opened. We will refund or if possible replace any damaged works.
6 INSTALLATION OF WORK
Please note that in both negotiations and contracted work with Art in Offices Limited, you permit us to arrange the date of installation of any artwork, and that Art in Offices Limited may use their own contractor(s) to arrange the collection, packing, delivery, and installation of any and all artwork(s).
7.1 Art in Offices Limited agrees to provide insurance for the lease of artworks to renting clients provided that:
7.1.1 The office is locked to visitors out of hours.
7.1.2 The building is locked to visitors outside of office hours.
7.1.3 The reception is staffed during office hours.
7.1.4 The client takes responsibility for the actions of your visitors to your offices.
7.1.5 The client agrees not to move the artworks themselves.
7.1.6 The client has buildings and contents insurance or similar cover to the value of the artworks that are rented (as specified on the client’s unique contract with Art in Offices Limited)
8 ACCEPTABLE USE
8.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. The website will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
8.2 In using the Website/Services you agree not to:
8.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
8.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
8.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
8.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
8.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
8.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
8.2.7 collect or store personal information about others, including email addresses;
8.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
8.2.9 impersonate any person or entity for the purpose of misleading others;
8.2.10 violate any applicable laws or regulations;
8.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
8.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
8.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
8.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
9.1 Should you wish to terminate your services with Art in Offices, you are required to provide written notice, one month prior to the end of your contract.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the website is not responsible for the content or availability of any such sites.
12 PRIVACY AND COOKIES
We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
13 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
14 INTELLECTUAL PROPERTY RIGHTS
14.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
14.2 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold the website harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the website by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms and Conditions.
16 DISCLAIMERS AND LIMITATION OF LIABILITY
16.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
16.2 To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
16.3 We make no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
16.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the website for death or personal injury as a result of the negligence of the website.
16.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
17 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.