1.  Interpretation :  In these Conditions:-

 

 

 “Client”/”you” means the person who wishes to use the PaintSaints Service;

 

“Commission” means work which a Saint agrees to do for you, as a result of PaintSaints’ introduction Service;

 

 “Conditions” means the terms and conditions set out below;

 

 “Contact Details” means the telephone numbers ( or E-mail addresses ) of the

saint you have selected, as detailed on the relevant web-page.

 

 “Contract” means your agreement with PaintSaints, subject to these Conditions:

There need be no paper records of the contract, but there might be email evidence of discussions between all the parties, leading to a general agreement between Saint and Client.

 

 “Contract Confirmation” means our electronic message providing the Saint’s

contact details to you ; which same electronic message also confirms that your

 request for Contact Details if possible has been accepted.

 

“Fee” means any fee for the Service as might be set out  from time to time on the Web Site on the date on which you submit your Request. There is normally NO compulsory fee whatever.

 

 “Request” means your request to PaintSaints for the Contact Details of your chosen Saint

 

“Saints” means those who have displayed details of their work on the Website, who aim to be available for the hiring of their skills, but who nevertheless cannot guarantee that they can accept your commission;

 

“the Service” means the introduction service operated by PaintSaints as set out in the Web Site;

 

 “the Web Site” means PaintSaints= world wide web www.paintsaints.co.uk or .com.

 

 2.Basis of our Agreement: By submitting a Request you agree to these Conditions. There will be no written contract between us and any between the Client and the Saint  is strongly advisable , but will be their own responsibility.

 

 2.2 PaintSaints shall provide the Service to you subject to these Conditions.  Any changes or additions to the Service or these Conditions must be agreed in writing by you and PaintSaints.

 

 3.  Your right to withdraw

 

3.1. Where you are a consumer for the purposes of the Directive 97/7/EC on the protection of consumers in distance contracts (as implemented into English law) and to the extent that such Directive is applicable to the Contract, you have a right to withdraw from the Contract without reason within seven working days of your request for contact details provided that we have not already provided the Service to you.

 

4. Introduction Service

 

 4.1 PaintSaints will email you as soon as possible after your Request and make available to you the  relevant contact information, having discussed your project in greater detail, preferably by email.

 

If your first choice of Saint is unavoidably prevented from undertaking the commission, you will have the opportunity to select a second saint, and subsequently one other, (3 in total) in the unlikely event of the second also proving unable to agree a contract.

PaintSaints will use their discretion in continuing to attempt thereafter to arrive at a suitable solution where the Client requests further assistance in commissioning a Saint, within reasonable limits.

 

These additional procedures should take place electronically via the Feedback page and sometimes clarified by telephone.

 

 4.2  You acknowledge that PaintSaints will have no responsibility to assist in any negotiations with Saints and that PaintSaints shall not be responsible for any non-availability of a Saint or a failure by any selected Saint to agree the terms of a Commission. However, PaintSaints is happy to volunteer any reasonable and constructive support and assistance  to facilitate the project if it is requested by Saint or Client.

 

 5.  Payment

 

 5.1  Payment: A “special offer” is currently in place;

From 2005, Clients will  either:

a) Follow the instructions for any online payment as might be indicated on the site. (i.e.Click on the pearly gates.) Clients will refer to the website to check for any special variations to fees which might currently be available. Any fees  there may be only ever apply to the introduction details of Artists.  The electronic payment facility via WorldPay plc is for a standard amount only, and does not constitute a percentage of any commission to the Saint paid by the Client.

OR

 

b) Bypass the online payment facility ( see 5.1.a.) entirely, by NOT clicking on the  pearly gates. Instead, email saintcloud@paintsaints.co.uk to discuss alternatives.

Because PaintSaints wishes to avoid placing any obstacle whatever in the path of Saints attracting commissions from Clients, we have provided the option of Clients making varying Donations to the website. Clients can make whatever donation they like at their own discretion if they are keen to support the work we do to assist artists in their careers.

 

 6.  Your Obligations

 

In consideration of the provision by PaintSaints of the Service, you agree to:

 

 6.1  provide to the Saint carrying out a Commission on your behalf,

adequate board and accommodation where relevant, free of charge;

 

 6.2  pay for all materials used by the Saint in carrying out the Commission;

 

 6.3  to make yourself aware of and not to limit or exclude the duty of care you owe to the Saint as a visitor to your premises under the Occupiers Liability Act 1957;

 

 6.4  be bound by and comply with the terms of any agreement with the Saint in respect of a Commission, whether or not the terms are confirmed in writing;

 

 6.5  pay in advance to the Saint any travel and/or subsistence expenses necessary for the Saint to carry out the Commission; thereafter paying their agreed fee on a daily basis.

 

 6.6  notify PaintSaints as soon as reasonably practicable in the event that:

 

 6.6.1  there is a problem with any Commission;

 

 6.6.2  you have a complaint in respect of a Saint or the Saint’s work.

 

 7.  Warranties and Liability

 

7.1  Whilst PaintSaints will provide the Service with reasonable care and skill, you acknowledge that the Service is an introduction service only, and any provision of  additional assistance or advice remains at the discretion of PaintSaints.

 

Accordingly, no warranty can be given as to the suitability of the Saints.

 

7.2  You will be responsible for satisfying yourself as to the suitability of Saints and will be responsible for taking up any references, including confirmation of any qualifications and for arranging any work or other permits and insurances.

 

 7.3  PaintSaints will not be liable to you for any loss, liability, damages, costs, claims, expenses (whether direct or indirect) incurred as a result of any act, omission or failure on the part of a Saint although you may have rights as against the Saint.

 

 7.4  In the event that PaintSaints is liable to you, then unless such liability is in respect of death,  personal injury or fraudulent representation (in which case PaintSaints liability shall not be limited), such other  liability will be limited to the amount of any Fee which has been paid to PaintSaints.

 

Any compensation whatever which PaintSaints  might, without prejudice, agree is appropriate to a Client will under any circumstances be limited to the amount of any fee.

 

7.5  Where the Contract is a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights, as a consumer, are not affected by these Conditions.

 

 8.  General

 

 8.1  If rights or remedies provided by the Contract or by law are not exercised promptly or at all that does not constitute a waiver of other rights or remedies.

 

 8.2  If any provision of the Contract is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of the Contract and the remainder of the affected provisions shall continue to be valid.

 

 8.3  The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of the Contract. No variation to the terms of the Contract 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.

 

 8.4  The Contract shall be governed by and construed in all respects in accordance with the laws of England, and the Client agrees to submit to the non-exclusive jurisdiction of the English courts.

 

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And finally! Some plainer speaking  from SaintCloud:

Clients and Patrons, 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, and clarify your position also, but the “contract “ between us is not only straightforward,  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.

The contract is just the understanding between us that we are all operating towards a common goal: Commissions.

 

Simply:

PaintSaints will provide you with contact details for the Saint you have requested, and offer whatever assistance we can within reason towards a positive outcome.

We play no further role unless invited by you  or the Saint after that introduction.

The business side of commission consultations between you and your Saint is for your two parties to organise, not PaintSaints, 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 Saint as you want to be treated: professionally, fairly, and courteously. If the Saint is accommodated as your guest or is working on your premises, we expect you to take a special responsibility to ensure 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 should be maintained between both parties.

4. Materials should also be paid for  as they are purchased by the Saint, and any accommodation  or travel expenses paid by you before starting the commission. You should clarify that you will also feel entitled to reclaim these funds from the Saint if you are let down unreasonably 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 Saint 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 of those forms 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!

 

The Client’s highest standards of care and hospitality will foster the best professional workmanship as his reward.

 

6. 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..

 

7. Payment to PaintSaints.co.uk:

The payment you agree with your chosen Saint is for you to negotiate, altho we will offer advice to both parties if requested.

However, we cannot sustain the work of this website - in attracting commissions for artists -  on insufficient funding.

So far, we have been operated by enthusiastic volunteers in their spare time. However, if we are to raise our game to achieve our goals we need to raise our profile. We can only reach out further by employing more full time staff and by promoting the website via fresh advertising campaigns. We will be depending on the honesty and generosity of all our Patrons and Clients. Please donate as much as you can to the Cause!

 

Because we do not want to place any obstacle whatever in the path of  Clients  hiring Saints, we offer the Client 2  non-compulsory options:

 

a. Discuss with us what payment you prefer as the fee for introducing you to a Saint by

emailing us directly: saintcloud@paintsaints.co.uk

 

or

 

b. Click on the Pearly Gates where there is an online payment facility via WorldPay plc.  This method provides for a standard £100 payment, but if you want to agree a different sum, please email us. If any amount is a deterrent, do not be put off hiring a saint: email us so we can discuss what you might be able to afford for the PaintSaints  introduction service.

 

And contact us with any other queries by emailing us : saintcloud@paintsaints.co.uk

 

Now let’s see some more Art, Music, Fashion, Feasts!

Yrs. Ever,

SaintCloud.