Customer Services - Performer
TERMS & CONDITIONS - PERFORMER
This agreement applies as between you, the Sponsor of the Performance and Sauve Art Limited trading as www.valeriesauve.com the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions - Performer is deemed to occur upon you placing an order for a Performance and payment of the Commissioning fee to Sauve Art Limited. If you do not agree to be bound by these Terms and Conditions, you should not place an order and not pay the Commissioning Fee.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon us invoicing you for the Commissioning Fee and you completing payment of that Commissioning Fee.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“www.valeriesauve.com” means Sauve Art Limited whose office is at 18 Great Ormond Street, London, WC1 3RB, UK;
"Commissioning Fee" means the payment from the Sponsor to Sauve Art Limited to commission or start the process to produce the Performance;
"Completion Fee" means the payment from the Sponsor to Sauve Art Limited on completion or after the Performance has been given on the Specified Date;
“Goods” means any products, original works of art, Giclee copies of original works of art, artefacts or art objects that Sauve Art Limited makes available during or after or as a part of the Performance;
“Payment Information” means any details required for processing the Commissioning Fee or Completion Fee for the Performance. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Performance" means any work of art produced for the Sponsor, whether a performance by an artist, an installation of a work of art in a space, facility, building, on land, on water, or in the sky belonging to or made available by the Sponsor, a film produced for the Sponsor or any Goods produced for the sponsor;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” means our place of business located at 18 Great Ormond Street, London, WC1 3RB, UK;
"Quotation" means a letter or e-mail outlining the details of the Performance and its arrangements, the Specified Date of Performance and such like given in response to the Sponsors order by Sauve Art Limited;
"Specified Date" means the date agreed by Sauve Art Limited as detailed in the Quotation;
“Sponsor” means any third party that commissions a Performance from Sauve Art Limited;
2. Age Restrictions
Persons under the age of 18 cannot commission a Performance.
3. Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions - Performer, all "Materials and Content" relating to commissioned Performances unless otherwise agreed in writing, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layouts and other materials or content constituting works of art are the property of Sauve Art Limited, our affiliates or other relevant third parties. You acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use or reproduce this Material or Content unless given express written permission to do so by Sauve Art Limited.
4. Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products or Sauve Art Limited as may be applicable.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such Material or Content unless otherwise indicated in the Quotation or unless given express written permission to do so by the relevant manufacturer or supplier or Sauve Art Limited as may be applicable.
5. Fair Use of Intellectual Property
Material or Content from a Performance may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply or where otherwise indicated on the quotation.
6.1 In order to commission a Performance you must complete the payment of the Commissioning Fee as outlined in our commissioning invoice. In doing so you represent and warrant that:
6.1.1 all information you submit is accurate and truthful;
6.1.2 you have permission to submit Payment Information where permission may be required; and you are authorised to do so if the order is placed on behalf of a company or other corporate body;
6.1.3 you will keep this information accurate and up-to-date.
7. Termination and Cancellation
7.1 Either Sauve Art Limited or you may terminate your order at any time and for any reason. If Sauve Art Limited terminates your order, you will be notified by e-mail and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons;
7.2 If Sauve Art Limited terminates your order, any pending Performance will be canceled and your Commissioning Fee refunded;
7.3 If you terminate your order prior to any pending performance, it will be canceled and you will forfeit your Commissioning Fee;
7.4 For the avoidance of doubt no order may be terminated after a Performance has been given.
8. Performances, Pricing and Availability
8.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Performances available from Sauve Art Limited correspond to the actual Performances given, Sauve Art Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Performance, not different Performances altogether.
8.2 Sauve Art Limited does not represent or warrant that such Performances will be available;
8.3 All pricing information in our Quotation is correct at the time of printing and on the date shown;
8.4 In the event that prices are changed during the period between an order being placed for Performance and Sauve Art Limited providing an invoice and taking payment of the Commissioning Fee, you will be contacted prior to your order being processed with details of the new price.
Delivery of the Performance shall be on the Specified date and at the address that the Sponsor nominates on his order and as agreed in our Quotation unless otherwise agreed in writing by Sauve Art Limited.
10.1 Sauve Art Limited makes no warranty or representation that the Performance will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose and that it will not infringe the rights of third parties. We make no guarantee of any specific results from the use of our Performance and the following conditions apply:
10.1.1 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind;
10.1.2 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, Sauve Art Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the Performance;
11.2 Nothing in these Terms and Conditions excludes or restricts Sauve Art Limited's liability for death or personal injury resulting from any negligence or fraud on the part of Sauve Art Limited;
11.3 Nothing in these Terms and Conditions excludes or restricts Sauve Art Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of the Performance or out of reliance on incorrect information included on the Quotation;
11.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions - Performer fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions - Performer and any prior versions thereof, the provisions of these Terms and Conditions - Performances shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by e-mail to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the e-mail is received in full on a business day and on the next business day if the e-mail is sent on a weekend or public holiday.
15. Law and Jurisdiction
These Terms and Conditions - Performer and the relationship between you and Sauve Art Limited shall be governed by and construed in accordance with the Law of England and Wales and Sauve Art Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.