Network of Arts AG
Töpferstrasse 10, 6004 Lucerne, +41 (0)41 508 24 43, info@networkofarts.com, CHE-159.626.272
GTC: Membership artist
Lucerne, December 16, 2022
Applicability and scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between Network of Arts AG (hereinafter referred to as "Provider", "us" or "we") and the Artist (hereinafter referred to as "Artist" or "you") for the use of the "Network of Arts Membership" service offered by Network of Arts AG. Through the "Network of Arts Membership", the Provider provides services to the Artist in the area of public publication of Artist profiles on the Provider's website and general support of the Artist. These GTC govern the provisions of the "Network of Arts Membership".
By completing the application form for inclusion in the Network of Arts AG funding model, the artist accepts these GTC. Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer are not recognized.
Conclusion of the contract
The contractual relationship between Provider and Artist begins with the payment of the annual fee by the Artist.
Membership access
Anyone and everyone can apply for admission to the Network of Arts AG funding model via the provider's website by filling out the online application form and submitting a current portfolio. The applications are reviewed every two weeks by the Network of Arts AG team and, if necessary, an external jury is consulted for the decision. If the artist is interested in a collaboration, he/she will be invited for an interview. In case of a positive decision, the artist will be accepted into the public network of the Network of Arts AG. A repetition of the application is only possible after one year from the rejected application.
Membership fee / Prices
The Artist agrees to pay an annual membership fee to the Provider for the "Network of Arts Membership". The billing period runs from January 01 to December 31. In case of a start of the Network of Arts Membership before October 01, the full amount is to be paid, in case of a conclusion of the "Network of Arts Membership" after October 01, the annual amount for the following year will be charged.
The membership fee can be paid by invoice. If payment is made by invoice, the customer will receive the invoice with payment slip by e-mail. The payment must be made using the payment slip within the payment period indicated on the invoice.
Our prices are the same as those indicated on the website. All prices are stated in CHF (Swiss Francs) and include the statutory value added tax (VAT) of 7.7%. The Provider reserves the right to change the prices at any time. The products are charged on the basis of the prices offered at the time of placing the binding order.
Customer service and support
The Provider shall answer inquiries about the "Network of Arts Membership" via the channels accessible to the Artist (e-mail and telephone) within the usual office hours as quickly as possible. Furthermore, the Artist is entitled to a telephone conversation (duration: 15 minutes) with a person from the Artist Management team every three months. The Provider is responsible for organizing the telephone call. If the Artist requires support via a channel that is not available, or support that goes beyond the offers specified in the GTCs, a separate offer will be made by the Provider.
Public publication of artist profiles
The visual presentation of the Artist profiles on the Provider's website is subject to the Provider's discretion. The Artist agrees to provide the Provider with photographs of Works or themselves.
Discounts on range of services
The "Network of Arts Membership" entitles the Artist to use the services specified by Network of Arts AG, which are offered outside of the membership, at a reduced price. The price reduction amounts to 10 percent of the total amount due.
Participation in exhibitions
The "Network of Arts Membership" enables the Artist to participate in exhibitions, which take place in the premises of the Network of Arts AG at the registered office of the Company and are organized and curated by the Provider. The Provider reserves the right to request Artists directly for an exhibition. In the event of an exhibition, a separate contract will be concluded on the terms and conditions of the exhibition.
Provider rights & data sharing
The Provider has the right to use any image, sound or text content published by the Artist for its own marketing or sales purposes. In particular, the Provider has the right to publish or reproduce the content on social media or for advertising purposes. The Provider has the right to pass on the publicly accessible data, in particular image data, measurements, price information, insurance values or other data, to partners or customers of the Provider, insofar as this is necessary for the processing of business or potential business of the Provider.
Rights of the artist
The Artist has the right to use his/her public appearance on the Provider's website for advertising or similar purposes. The Artist has the right to use the trademark "Network of Arts" in accordance with the Provider's corporate design guidelines.
Duties of the artist
The artist agrees to inform the provider about current exhibitions, to provide a current portfolio and photographic material about the works and the artist.
Factory sales
If a factory sale results from the provider's personal consultation, the provider receives a commission of 50% of the effective sale price. In addition, we take care of transportation to the buyer and payment processing. All sales within our exhibitions fall under the same provisions. Any additional costs for framing are the responsibility of the buyer.
Term and termination of membership
The membership will be automatically renewed for another year if no cancellation has been requested by the artist by November 30 of the current calendar year.
Providers and artists also have the option to terminate their membership at the end of the month. The termination can be done electronically or by mail. The Provider will send the Artist a written confirmation by e-mail. In case of cancellation, there is no right to a refund of the fee already paid. Both parties reserve the right to terminate the contract immediately for good cause. An important reason for the immediate dissolution of this contract exists for the Provider in particular:
- If the artist is more than six months in arrears with payment obligations from the contractual relationship to the extent of at least one membership fee.
Disclaimer
Liability is excluded to the extent permitted by law. The provider is not liable for third party or consequential damages.
Event outside our sphere of influence
In the event of the occurrence of an event beyond our control (so-called force majeure), we shall not be liable or responsible for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based thereon. An event beyond our control exists, for example, in the following cases:
In the event of strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor lines or other means of public or private transportation.
If an event beyond our control occurs that affects the performance of our obligations under the contract, we will notify you at the earliest possible opportunity.
Secrecy
The Artist authorizes the Provider to publicly name the Artist as a reference and to use general information established via the agreed contract in an appropriate manner for marketing and sales purposes.
The Provider undertakes to maintain confidentiality about all confidential information and data of which it becomes aware in the course of the preparation, execution and fulfillment of this contract and not to disclose this information to outside third parties without the authorization of the Artist. This applies to any unauthorized third parties, unless the disclosure of information is necessary for the proper fulfillment of the contractual obligation of the Provider.
Change of address notification
The Artist is obliged to notify the Provider of changes of address (mail and e-mail) without delay, failing which the notification shall be deemed to have been delivered with legal effect to the address last notified.
Privacy
The provider collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. For more information on the processing of your personal data, your rights and related issues, please refer to our privacy policy at , which forms an integral part of these GTC.
Final provision
Changes or extensions of the same require the written form. These GTC replace any existing provisions with immediate effect. If individual provisions of a contract or these GTC are or become invalid, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, the one that both parties would have agreed upon in good faith, taking into account the economic aspects and aiming at the original purpose, shall apply. The same shall apply in the event of a gap in the contract. These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Swiss substantive law. The place of jurisdiction is the registered office of the provider or at the artist's place of residence.