Subscription Terms
These terms are to be read with the Privacy Statement, Website and Gallery Access Terms and Sale Conditions . Please read them all very carefully. You can download or print a copy for convenient reference by clicking here. If you have any questions about them please call +44 (0) 870 755 8373. or email the webmaster on info@artflock.com. If you accept them, please continue with your application. If you disagree, please discontinue your application.
1. Available Subscriptions
1.1. You may become a “Subscriber” by opening one of the following accounts:
1.1.1. an “FreeFolio” entitles you to log into the Public Pages and advertise forthcoming Events and Work;
1.1.2. a “ProFolio” entitles you to advertise your Work as well as forthcoming Events and allows access to adding a CV and Stockists;
1.1.3. a “ProFolio+” entitles you to your own website and domain name with up to 5 mailboxes as well as access to Subscribers‘ Pages to advertise your Work and forthcoming Events.
1.2. We may offer new accounts or combine, modify or withdraw the existing ones upon not less than 28 days notice.
2. Interpretation
2.1. Save where the context otherwise requires:
“Account” means any of the accounts mentioned or referred to in paragraph 1 above;
“ArtFlock.com” has the same meaning as in paragraph 2.1 of the Website Access Terms;
“Basic Account” is defined by paragraph 1 above;
“Buyer” has the same meaning as in paragraph 2.1 of the Sale Conditions;
“Commission” means the consideration that you will pay to us for our services;
“Event” means an exhibition, publication, sale, talk or other happening likely to interest members of the public who wish to learn more about arts and crafts;
“the Gallery” has the same meaning as in paragraph 2.1 of the Website Access Terms;
“the Gallery Access Terms” means the terms of access to Subscribers‘ Pages;
“The Privacy Statement” has the same meaning as in paragraph 2.1 of the Gallery Access Terms”;
“Public Pages” has the same meaning as in paragraph 1.1 of the Website Access Terms;
“Sale Conditions” is defined by paragraph 1.5 of the Website Access Terms;
“Seller” has the same meaning as in paragraph 2.1 of the Sale Conditions;
“this Site” has the same meaning as in paragraph 2.1 of the Gallery Access Terms”;
“Subscriber” has the same meaning as in paragraph 2.1 of the Gallery Access Terms”;
“Subscribers‘ Pages” has the same meaning as in paragraph 1.1 of the Website Access Terms;
“Subscription” has the same meaning as in paragraph 2.1 of the Gallery Access Terms”;
“We” and “us” refer to ArtFlock.com.
“the Website Access Terms” has the same meaning as in paragraph 2.1 of the Gallery Access Terms”;
“Work” has the same meaning as in paragraph 2.1 of the Gallery Access Terms”;
"You" refers to an applicant for an “Events Account Subscription”.
2.2. These terms are to be construed and enforced in accordance with the laws of England and Wales.
3. Application
3.1. You may apply for an Account completing and submitting the appropriate online application form.
3.2. You represent and warrant to us that each and every statement entered into such form is complete and accurate.
4. Subscription
4.1. Your Subscription lasts from year to year unless you or we terminate this agreement in accordance with these terms.
4.2. The consideration for your Subscription will be the published membership fee doe the time being payable upon our accepting you for membership and each anniversary of that date together with your warranty under paragraph 3.2 and your compliance with these and the Gallery and Website Access Terms.
5. Termination
5.1. We may terminate your Subscription by giving 28 days notice of termination to you and you may terminate it by giving 28 days notice of termination to us.
5.2. We may also terminate your Subscription by notice with immediate effect in any of the following circumstances:
5.2.1. you breach wilfully and persistently any of these or the Website and Gallery Access Terms;
5.2.2. you indicate by your words or actions that you no longer wish to abide by those terms;
5.2.3. any of the statements set out in your application form upon which we relied was untrue at the time of your application or ceases to be true; or
5.2.4 you do or say something that could expose us or any other user of the Site to civil or criminal liability.
5.3. Your Subscription will lapse if you fail to pay your membership fee within 28 days of the due date.
6. Uploading Information
6.1. You may advertise:
6.1.1. forthcoming Events by completing and submitting an online “Events” form, and
6.1.2. your Work by competing and submitting an online “Exhibition” form.
6.2. By such submission, you will license us to reproduce any copy contained in, or photograph that may be attached to the form.
6.3. By completing and submitting such form you will represent and warrant that:
6.3.1. the information entered into the above-mentioned form is complete and accurate;
6.3.2. such matter is not defamatory; and that
6.3.3. its appearance in the Gallery will not infringe anyone else‘s copyright or other intellectual property rights.
7. Marketing Work
7.1. If you offer your Work for sale you will abide by the Sale Conditions.
7.2. You will appoint us to do the following as your agent:
7.2.1. accepting, rejecting or making a counter-offer in accordance with your express instructions pursuant to paragraph 6.4 of the Sale Conditions;
7.2.2. sending invoices pursuant to paragraph 8.1 of the Sale Conditions;
7.2.3. debiting Sellers‘ banking accounts pursuant to paragraph 8.2 of the Sale Conditions;
7.2.4. terminating contracts of sale of Work pursuant to paragraph 9.1.2. of the Sale Conditions;
7.2.5. instructing a courier to collect your Work and deliver it to the Buyer pursuant to paragraph 8.3 of the Sale Conditions;
7.2.6. taking delivery of Work that Buyers wish to return under paragraph 9.3 of the Sale Conditions;
7.2.7. reimbursing Buyers pursuant to paragraph 9.2 of the Sale Conditions; and
7.2.8. accepting notices and notifications from, and giving notices and notifications to, Buyers on behalf of Sellers.
7.3. We may hold such funds as we may debit pursuant to paragraph 7.2.3. in an interest bearing account until after:
7.3.1. the Buyer‘s right to cancel any contract of sale under regulation 8 (1) of The Consumer Protection (Distance Selling) Regulations 2000 (or any consolidation or re-enactment thereof) that may have been concluded with you has expired; or
7.3.2. we have reimbursed the Buyer in accordance with paragraph 7.2.7.
7.4. We shall notify you as soon as we receive those funds.
7.5. Upon receiving such notification, you will pack your Work securely and hand it to the courier mentioned in paragraph 7.2.5.
7.6. After the Buyer‘s right to cancel mentioned in paragraph 7.3.1. has expired, we shall remit to you the funds debited pursuant to 7.2.3. together with any interest thereon less the expenses mentioned in paragraph 7.2 of the Sale Conditions and our Commission.
8. Our Commission
8.1. The funds upon which our Commission shall be computed shall be the price of your Work and the interest referred to in paragraph 7.6.
8.2. Subject to paragraph 8.3, our Commission shall be such percentage of the funds mentioned in paragraph 8.1 as may appear in the Basic Account online application form.
8.3. We may vary the percentage referred to in paragraph 8.2 upon 28 days notice to you.
8.4. For the avoidance of doubt, such variation will affect contracts negotiated after the expiry of such notice.
9. Indemnity
You will indemnify and hold us harmless against any claim or demand that may be made against us as a result of any act or default on your part.
10. Force Majeure
Should we be prevented or hindered from performing any agreement by circumstances beyond our reasonable control (including but not limited to terrorism, strikes or other labour dispute), we shall not be liable for any loss or damage that the other may sustain from such non-performance and shall be excused from performing such agreement while those circumstances persist.
11. Severance
Should any of these provisions be void, voidable or unenforceable, that provision will be deemed never to have formed part of these terms but all the other provisions will remain in force.
12. Notices
12.1 All notices or notifications shall be in writing and signed by the party on whose behalf they are served or given.
12.2 A copy of such notice or notification may be delivered by fax or email to the fax number or mailbox as well as by post provided that the instrument mentioned above follows by post.
12.3 Postal delivery will be deemed to have taken place on the 7th day after the date of posting.
12.4 Delivery by fax or email will be deemed to take place upon transmission of an automatic acknowledgement by the remote fax machine or mail server.
13. Dispute Resolution
13.1 We shall attempt to resolve any dispute with you arising out of or relating to these terms through negotiation.
13.2 If such dispute is not resolved by negotiation within 7 days of receipt of a written invitation to negotiate, we and you will attempt to resolve the dispute in good faith through an agreed alternative dispute resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators.
13.3 If the matter is not resolved by an ADR procedure within 14 days of the initiation of that procedure, or if either you or we will not participate in an ADR procedure, the dispute may be referred to arbitration by either you or us.
13.4 The seat of the arbitration shall be England and Wales.
13.5 The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between you and us.
13.6 Should you or we be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, either of us may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.
13.7 Nothing in this clause shall be construed as prohibiting either of us from applying to a court for interim injunctive relief or any other order to facilitate such procedure.