General Terms and Conditions for Artists
These General Terms and Conditions (hereinafter referred to as "GTC") control the business conduct between the Art Bridge Limited Liability Company (1016 Budapest, Csap utca 5, tax number: 26198020-1-41, business registration number: 01-09-307314, e-mail address: email@example.com (hereinafter referred to as "AB") and the Artist (hereinafter referred to as "Artist", "AB" and "Artist" hereinafter referred to collectively as "Contracting Parties"), who uses the electronic commercial services of AB by uploading his/her artworks on the website of artbridge.shop for the purpose of commercial and marketing activities (hereinafter referred to as "webshop" or "website"). The present GTC includes the terms and conditions of the general contract for the rights and obligations arising therefrom.
AB, which combines creative support and its legitimate digital and paper-based manifestation, undertakes the technical and logistical tasks.
The sales of digitized photo, graphics and paintings in print format as a new business model provide opportunity to artists in many areas:
- more cost-effective distribution,
- international marketing and custom brand building opportunities through the AB platform,
- real-time settlement
AB is a webshop supporting contemporary artists, providing platform and opportunity to distribute their intellectual property such as paintings, photos and graphics in digital form and as a physical print as well.
Under copyright law, copyright protection is based on the individual, original nature of the work resulting from the author's intellectual activity. The protection does not depend on quantitative, qualitative, aesthetic or quality judgment of the artwork. All artworks selected and accepted by AB are subject to copyright protection.
2. Artist Registration
In order to promote and sell the artworks by AB, registration by the Artist at the AB Artist Registration link is a prerequisite for cooperation.
When registering, you must provide the following information to AB:
- First Name
- Artist Name
- Profile link
The Artist will receive an email from AB about the success of the registration. The present GTC will come into effect between the Artist and the AB with the successful AB Artist Registration. The Artist is entitled to delete his/her registration on the website at any time. Artist's user profile and uploaded images will be removed from the system after deletion; however, this does not affect the storage of data and documents related to closed orders, which does not result in the deletion of such data. After removal, data can no longer be restored.
The Artist is solely responsible for keeping privacy of his/her user data (especially concerning the password). If the Artist becomes aware of the fact that an unauthorized third party has gained access to his/her password of AB Artist Registration, he/she must immediately change the password and must notify the Provider about the incident at the same time. The Artist agrees to keep the personal data provided during the registration always up-to-date in order to make them timely, complete and true.
3. Uploading artwork
Only after the valid AB Artist Registration, will the artist be able to upload his/her artworks to the webshop. Each upload will have to be approved by AB prior to publishing on its website. When uploading a digital image, it is possible for the Artist to set the printing size options for each unique design. The minimum required upload size of each image will depend on the printing option selected. As long as the digital image is not deleted from AB's website, the digital image can be reproduced.
4. Permission to use
All images uploaded or published on AB's website are artworks which are copyrighted by the Artist, originating and belonging solely to the Artist ("Own Artwork"). The Artist hereby declares that the (i) uploaded images are created by himself/herself, he is the creater of the "Own Artwork", (ii) has all the necessary rights to grant permission specified in this GTC; (iii) AB is not required for permission from third parties regarding the "Own Artwork" and cannot be charged royalty by third parties; (iv) its Own Artwork and its distribution through the webshop does not violate the copy rights or human rights of third parties; and (v) the Own Artwork meets all the applicable legal requirements.
The Artist agrees to provide AB with the right to distribute the uploaded artwork on digital and paper-based format. The permission shall cover:
- online webshop distribution in printable format,
- marketing and publicity by referring to the Artist (website, blog, social media).
By uploading the Own Artwork to the AB Website, the Artist provides AB with worldwide, non-exclusive permission to use the artwork in a limited timeframe and in limited methods. Based on the permission to use, the Artist authorizes AB to copy, transfer, distribute through the website for sales, publicly display and market the artworks (in both known and future media which can be websites, blogs or any social media interface), thereby enabling digitally printed reproduction. Based on the permission, AB also has the right to create and edit the materials with the Own Artwork, in order for AB to display Own Artwork on its website and on other interfaces. The Artist also allows AB to archive and store the Own Artwork for any disputes, legal proceedings or other investigations. This licence is for an indefinite period of time, until the deletion of the Own Artwork from the AB Artist Profile.
5. Cooperation between the Parties
AB will take over the portfolio provided by the Artist for digitization, distribution, marketing and promotion, with effect from the date of the acceptance of this Agreement for an indefinite period of time.
AB's inalienable right to decide what marketing tools are to be used on the internet on its own interface and have the right to decide which pieces of the uploaded portfolio AB intends to publish.
Contracting Parties shall consult each other on a regular basis by e-mail and telephone as stated under paragraph 2.1.
AB will perform the tasks undertaken in this GTC by its own means and equipment and its counterparts'.
AB is obliged to report to the Artist via the AB Artist Registration about the business and sales results on the first day of each month from the date of the first upload (eg registration on March 5, reporting on 1st April and on each first day of each following month).
AB is obliged to inform the Artist about any activities concerning the Artist and about the status of any cases in progress at the request of the Artist, and if necessary without notice, in particular notification is needed immediately of any circumstances affecting the effectiveness of the fulfillment of this GTC.
Artist must inform AB about all relevant issues that are needed to deal with.
If AB requests for additional information or personal conciliation, the Artist is obliged to comply within 2 working days of receiving the request.
The Artist by completing the registration on the AB website agrees to provide AB with all the information and data that is necessary for the fulfillment of his/her obligations under this GTC.
The Artist can upload to AB webshop and can distribute his/her artwork via AB webshop solely after successful registration on the AB Artist Registration platform, which is subject to the acceptance of this General Terms and Conditions.
The AB excludes its liability:
- for any quantitative obligation regarding sales and marketing activities
- for any errors in the Internet, which might temporarily hinder the website operation
- for any content from third party sent through internet
- for any bugs, technical errors or force majeure caused by AB's system,
- for incorrect specifications and descriptions on AB website
- the Artist may only upload his or her own intellectual property, AB is not obligated to control it, that is to say, in the event of any misuse of the intellectual property by a third party, all legal consequences shall be bear by the Artist. AB is not liable for any liability damages to third parties for misuse.
- for the consequences of any data wrongly provided by the Artist
- for any damages caused by the Artist forgetting his or her password.
The contract is concluded by the Artist accepting the present GTC electronically via the AB Artist Registration, the contract will be filed and archived on the AB Artist Registration platform under the Artist profile where it will be available anytime onwards.
The Artist may use the Website and Artist Registration platform only at his/her own risk and accept that AB is not responsible for any material or non-material damages arising out of usage. AB excludes liabilities for any misconduct of the website and the Artist Registration platform. The Artist is obligated to ensure that during his/her Artist Registration platform usage the rights of third parties or the governing laws are not directly or indirectly impaired.
The service pages may contain links that lead to pages of other providers. AB is not responsible for the privacy practices and other activities of these providers.
7. Commission and payment terms
The Artist's will receive commission based on the number of printed copies (prints) sold via the AB webshop from the uploaded artworks which is the Artist's own intellectual property. The following rule applies:
- For open prints 25% of the purchase price
- For limited edition prints 20% + 20% of the purchase price
The purchase price does not include the purchase price of frames, passe-partout, poster hanger, the purchase offer or discount, as well as other purchase costs (eg delivery fee). We reserve the right to change the purchase price. AB is obliged to pay the commission of a certain amount of the net sales price, by transfer to the bank account provided by the artist, after the sale of all digitally printed images from the Artist's works, every third month (quarterly) against an invoice (bill).
AB is obliged to pay the specified amount of the net selling price to the Artist by bank transfer to the bank account provided by the Artist, after the sale of all digitally printed images of the Artist's works in every third month (each year in January, April, July and October), if the amount of unpaid commission collected reaches 10,000. HUF, ie ten thousand forints, against an invoice.
The Artist is obliged to submit the invoice by post (mailing address: 1016 Budapest, Csap utca 5. I. em. 2.) in the case of a manually issued invoice, or via e-mail in case of electronic issue (e-mail: firstname.lastname@example.org ). Data of the invoicing are: The Art Bridge Ltd. 1016 Budapest Csap str. 5.
AB will pay the commission to the Artist by bank transfer within 15 (fifteen) banking / calendar days following the receipt of the invoice.
8. Digital storage and handling
The artist's image is stored by the Amazon Simple Storage Service (Amazon S3). Uploaded raw, original images can not be accessed from any external public link, only the system can access it. Small-resolution public preview images viewed by users are generated and made available by an AWS Lambda via the Cloudflare CDN network.
Staff of the Printing Company can access the original file for acceptance and then for production on a temporary private link. The private link to the press will be available on a single order basis until the order closes.
The Artist is entitled to delete the image uploaded by him/her, in which case both the original and the generated image and the generated preview image will be deleted. Request for deletion of an image by Artist does not affect existing purchases under process. AB agrees that the image will not be sold after the deletion by the Artist.
AB is entitled to delete or reject any uploaded and approved or not yet approved artwork by the Artist without any justification or without any specific reasoning at any time.
9. The scope, modification of the GTC
AB reserves the right to change the GTC.
Any changes will come into effect by being published on the AB website.
AB is entitled to modify the present GTC unilaterally with prior notification on the Artist Gateway. The revised and modified GTC will become effective towards the Artist upon the first use of the Website after the publication of the new GTC, and shall be applied to orders placed after the change.
AB reserves the right to make any changes, updates or corrections on the website at any time without prior notice and to transfer the website to another domain name at any time also without prior notice.
10. Deleting the registration on the Artist Gateway.
AB is entitled to delete the Artist Registration, in its sole discretion, with immediate effect if the Artist seriously violates his/her obligations under the present GTC and will not remedy it under the written request of AB. By deleting the Artist Registration, the Artist's uploaded images, both the original and the generated preview images, will be automatically deleted after the deletion is executed.
The concluded present GTC involves mutual business confidentiality borne by the Contracting Parties. Furthermore, any data and information related to this GTC generated outside this contract shall be treated with confidentiality by the Contracting Parties as well.
The obligation of confidentiality by the Contracting Parties after the fulfillment or termination of this GTC shall remain in force without expiration in time.
Contracting Parties shall state that they made all necessary information and documents available to each other or during the course of business conduct. Any documents generated is falling under the privacy protection in force at all times, no third party or organization in any way can be involved by data transfer electronically or on paper .
Generated document copies will be returned to each other.
12. Data handling
Upon successful registration via the Artist Gateway, the Artist agrees that AB will be responsible for handling and processing the uploaded data within the current legal framework. AB at any time and anywhere, can use the uploaded Artwork without fee payment.
Any legal declarations, messages or notices relating to this GTC are valid only in writing and only if the legal declarations, notifications or information transfered by e-mail have been confirmed by the addressee or if the sender can prove credibly that the recipient has received the notification.
14. Miscellaneous provisions
Contracting Parties agree that the present GTC is subject to Hungarian law, in matters not governed by this GTC, shall be in accordance with the provisions of the Civil Code of 2013 ("Ptk.") and the Electronic Commerce Services and Information Society Services on certain issues of CVIII. Law of 2001. The mandatory provisions of the relevant legislation shall apply to the parties without any specific clauses.
Contracting Parties shall try to settle disputes between themselves by negotiation. If they fail to do so, they shall turn to the appointed court of competent jurisdiction. In case of any legal dispute between the Contracting Parties subject themselves to settling such disputes under the exclusive jurisdiction of the Central District Court of Buda and the Székesfehérvár General Court.
The present GTC is accepted by the Artist by registering at the Artist Registration platform after the content of this GTC is thouroughly checked, interpreted and found in line with his/her own will.
The date of this GTC's entering into force is same time when accepting the General Terms and Conditions for Artists (that is to say when clicking on the checkbox when signing in).