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be a saint - terms
and conditions - saint form
Terms
and Conditions for SAINTS Joining PaintSaints.
Click here to view terms and conditions
for HIRING saints.
1.
Interpretation
In these Conditions:-
“Saint”/”you” means the person who has
made an application to join PaintSaints;
“Client” means a client of PaintSaints
who requests details of PaintSaints= Saints;
“Commission” means work which you have
agreed to do for a Client, as a result of PaintSaints’ Service;
“Conditions” means the terms and
conditions set out below;
“Contact Details” means all telephone
number(s) or E-mail addresses submitted by you when joining PaintSaints, at
which you plan to be available for contact by Clients;
“Contract” means your agreement with
PaintSaints, subject to these Conditions;
“Intellectual Property Rights” means any
patent, know how, trade mark, service mark, trade name, registered design,
copyright, moral right, design right, database right, semi-conductor topography
right or any other industrial or commercial right including any application for
registration or protection of any of the same anywhere in the world;
“Sample Material” means all samples of
your work submitted by you for display in the WebSite;
“The Service” means the introduction
service operated by PaintSaints as set out in the WebSite;
“Term” means the duration of the
Contract in accordance with Condition 8.1;
“Web Material” means all material in
respect of the Sample Material produced by PaintSaints for inclusion on the
WebSite; “the WebSite” means PaintSaints= world wide web www.paintsaints.co.uk
(or .com)
2. Basis of our Agreement
2.1 By submitting a request to subscribe
to the PaintSaints Service you agree to these terms and conditions.
2.2 PaintSaints shall (unless it cancels
your subscription under Condition 8) provide the Service to you free of charge
but subject to these Conditions. Any changes or additions to the Service or
these Conditions must be agreed in writing by you and PaintSaints.
2.3 You acknowledge that the Service is
only available to individuals aged 18 or over and PaintSaints will only accept
requests to join PaintSaints from that agegroup .
3. Introduction Service
3.1 Following an enquiry from a Client,
PaintSaints shall, at its discretion, make available to the Client your Contact
Details. We shall be entitled to submit to the Client , where applicable, the
contact details of other Saints in the same field and it shall be in the
Client’s discretion as to whether it contacts you with a view to discussing a
Commission.
3.2 When you are contacted by a Client,
if you are available to agree the Commission you arrange to make positive
arrangements regarding the Commission in all good faith.
3.3 PaintSaints shall not be responsible
for any failure by the Client to contact you or to agree the terms of a
Commission.
3.4 PaintSaints shall have the right but
is not obliged to make fair comment in respect of your previous work or
services to be offered by you to any Client enquiring about the Commission.
4. Your Sample Material
4.1 You will provide to PaintSaints and
grant to PaintSaints a licence (i.e. permission) to use the Sample Material.
You are responsible for the accuracy of all material and responses to
questionnaires provided to PaintSaints.
4.2 You shall retain duplicate copies
wherever possible of all Sample Material. It is advisable that you insure
against its loss or damage in transit or otherwise. PaintSaints shall have no
liability for any such loss or damage.
4.3 Once PaintSaints has incorporated or
updated any information on the Web Site in respect of your details or Sample
Material, you will check the presentation of your details on the Web Site and
use PaintSaints email facility to
request any amendments or corrections. PaintSaints will not be liable to you
for the presentation of the Sample Material on the Web Site.
5. Your Obligations
Throughout the Term and in consideration
of the provision by PaintSaints of the Service, you agree to :
5.1 comply with your obligations in
respect of negotiations with Clients set out in Condition 3.2;
5.2 be bound by and comply with the
terms of any agreement made with a Client in respect of a Commission, whether
or not the terms are confirmed in writing;
5.3 use all reasonable care in carrying
out any Commission and visiting the premises of Clients and comply with all
reasonable requests of a Client whilst at a Client’s premises;
5.4 inform PaintSaints in advance, if
you are heavily booked ahead or are unable to take any Commissions, so that the
Web Site can be updated fairly and accurately;
5.5 in carrying out a Commission ensure
that all work done for the Client is original and does not infringe the
Intellectual Property Rights of any third party;
5.6 return to the Client all sums paid
by the Client to you, including any travel and/or subsistence expenses, in the
event that the Commission is not completed otherwise than as a result of the
fault, act or omission of the Client;
5.7 notify PaintSaints as soon as
reasonably practicable in the event that:
5.7.1 there is a problem with any
Commission, or where PaintSaints’ informal advice might be helpful;
5.7.2 a Client makes a complaint in
respect of a Commission or you;
5.7.3 a Client causes any problems which
may result in you or any other subscriber to the Service refusing to accept
Commissions from the Client in the future;
5.7.4 you become an employee of any
business and also inform us of the nature of such employment, wherever this may
affect your ability to carry out commissions;
5.8 indemnify and keep indemnified at
all times PaintSaints against all actions, proceedings, costs, claims, demands,
liabilities and expenses whatsoever (including legal and other fees and
disbursements) sustained, incurred or paid by PaintSaints directly or indirectly
in respect of any breach by you of any of the provisions of the Contract or any
contract between you and a Client.
6. Intellectual Property Rights
6.1 The Intellectual Property Rights in
any Sample Material shall belong to and remain with you, provided that we shall
be entitled to a licence ( permission) to use the Sample Material on the Web
Site, as examples of the work you can provide to Clients.
6.2 You warrant that all Sample Material
is original and has not been copied from any third party and its use by us for
the purpose of providing the Service will not infringe the Intellectual
Property Rights of any third party. You will indemnify us against any loss,
damages, costs, expenses or other claims arising from any such infringement.
6.3 We reserve the right to refuse to
post on or remove from the Web Site any Sample Material or any content which
is, in our absolute discretion, unacceptable or undesirable or which we are
required by law to refuse to post or remove.
6.4 The Intellectual Property Rights in:
6.4.1 any Sample Material shall belong
to you;
6.4.2 any Web Material shall, unless
otherwise agreed in writing between you and PaintSaints, belong to PaintSaints.
7. Warranties and Liability
7.1 PaintSaints warrants to you that any
introductory and support Service will be provided using reasonable care and
skill. All other warranties, express or implied by law, are excluded from the
Contract to the fullest extent permitted by law.
7.2 PaintSaints shall have no liability
to you for:
7.2.1 any loss, damage, costs, expenses
or other claims for compensation arising from any Sample Material or
information supplied by you which are incomplete, incorrect, inaccurate,
illegible, out of sequence or in the wrong form, or arising from their late
arrival or non-arrival, or any other fault of yours;
7.2.2 any infringement by any third
party of your Intellectual Property Rights in the Sample Material as a result
of the publication of the Sample Material on the Web Site.
7.3 You acknowledge that the Service is
provided to you free of charge and that PaintSaints can not take any
responsibility for the actions of Clients or give any warranty as to the level
of work which the Service may generate for you. Accordingly, except in respect
of death or personal injury caused by PaintSaints’ negligence or any fraudulent
representation, PaintSaints shall not be liable to you for any loss, costs,
expenses or other claims (whether caused by the negligence of PaintSaints, its
servants or agents or otherwise) which arise out of or in connection with the
provision of the Service or their use by you.
7.4 PaintSaints strongly advises you to
insure yourself against accidental injury when undertaking any casual or
part-time work while self-employed.
8. Termination
8.1 The Contract shall continue unless
and until terminated by:
8.1.1 either of us serving on the other
not less than [one week=s] notice by E-mail to the other of its intention to
terminate;
8.1.2 PaintSaints, with immediate
effect, in the event that PaintSaints notifies you that, in its absolute
discretion it does not consider the Sample Material suitable for display on the
Web Site.
8.2 In the event that PaintSaints ceases
to operate the Web Site then it shall be entitled to terminate the Contract
forthwith.
8.3 Either party may (without limiting
any other remedy) at any time terminate the Contract with immediate effect :
8.3.1 if the other commits any breach of
these Conditions and (if capable of remedy) fails to remedy the breach within
30 days after being required by written notice to do so; or
8.3.2 if the other goes into
liquidation, or (in the case of an individual or firm) becomes bankrupt, makes
a voluntary arrangement with his or its creditors or has a receiver or
administrator appointed.
9. General
9.1 If rights or remedies provided by
this Agreement or by law are not exercised promptly or at all that does not
constitute a waiver of other rights or remedies.
9.2 If any provision of this Agreement
is held by any court or other competent authority to be void or unenforceable
in whole or part, the other provisions of this Agreement and the remainder of
the affected provisions shall continue to be valid.
9.3 This Agreement constitutes the
entire agreement and understanding of the parties and supersedes any previous
agreement between the parties relating to the subject matter of this Agreement.
No variation to the terms of this Agreement or oral representations of the
employees or agents of PaintSaints shall be binding unless and until it is
expressed in writing and signed by both of the parties.
9.4 This Agreement shall be governed by
and construed in all respects in accordance with the laws of England, and the
Saint agrees to submit to the non-exclusive jurisdiction of the English courts.
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And
finally! Some plainer speaking
from SaintCloud:
Saints! do not
be dismayed by the legal jargon above...
We offer the
following simple English version of our Terms and Conditions:
We have to
cover ourselves legally ( above), and clarify your position also. However, the
“contract “ between us is not only straightforward common sense, but as INFORMAL as we can possibly
construct such a thing as the
Commissions facility we offer. For instance, NO documents are required
to change hands for your “contract” with PaintSaints.co.uk.
The “contract”
is just the understanding between us that we are all operating towards a common
goal: Commissions.
Simply:
PaintSaints
will provide your contact details to any clients requesting them, and offer
whatever assistance we can within reason towards a positive outcome.
We play no
further role unless invited by you or the Client after that successful
introduction.
The business
side of commission consultations between you and your Client is for you to
negotiate in your own way, not us,
although we offer the following guidelines:
1. Please meet
safely in a public place or with friends if you are strangers to each other
initially. Most people are genuine, but … there can be loonies out there...
2. Please treat
your Client as you want to be treated: professionally, fairly, and courteously.
These high standards of simple punctuality, tidiness and commitment will follow
you as part of your future self-employed reputation, ( a bit like E-bay’s
points system!) Professionalism as well as enthusiasm is the best way to your own maximum job satisfaction over the
years to come.
Similarly, if
you arrange, e.g. for greater convenience, to be accommodated as the guest of your client on his/her premises
or under his/her roof, we expect the client to feel a special responsibility to
ensure your safety, wellbeing and harmonious work conditions.
Most saints
will prefer to retire to paid
accommodation, e.g. B&B, distinct from their employer’s premises, so as to
separate themselves from work at the end of the day.
You will agree
beforehand who is paying for what accommodation, and travel expenses.
(At least one
of our Saints is happiest bringing her own trailer!)
3. A good idea
is to agree at the beginning to arrange payment on a daily basis for ongoing
work, to underpin the trust that will hopefully be maintained between both
parties.
4. Materials
should also be paid for by your client as you purchase them, and any
accommodation or travel expenses
repaid to you before starting the commission, so there is no risk of being out
of pocket if anything goes amiss. Your Client, on the other hand, will also
feel entitled to reclaim these funds from you if you let him or her down regarding the completion of the
commission.
5.The
PaintSaints website has a link to Downloadable Documents: forms for printing
off if you think they might be useful as guidelines. They are designed to help
clarify the details of your
commission so both you and Client have some sort of record of what you agreed
between you, following your extensive discussions regarding the project you
will be sharing. You can adapt the basic outline to suit yourselves- the more
detail the better?- but in the end it is up to you how you like to work.
Honesty and goodwill have always been the formula for successful business
practices, apart from any other consideration!
Although
mistakes and misfortunes can never be totally avoided, and PaintSaints cannot
be held responsible for any disappointments, let alone accidents, we will
always intend to give you any support we can, along with all this very general
advice which tells you a bit about ourselves and our ethos..
Please do not
hesitate to contact us with any queries by emailing us :
saintcloud@paintsaints.co.uk
NB.
One final
request: please remember to update your contact details whenever they change, or if you ever
want to update your online pages, by emailing us : saintcloud@paintsaints.co.uk
Best wishes,
SaintCloud.
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