The terms and conditions set out below are applicable to artists who have a paid subscription
for a Showcomplex
web package.
The Showcomplex Free Package terms and conditions can be viewed
here
(under the heading 'Free Artist Web Hosting Package Terms & Conditions')
Charges:
All payment to be in UK Sterling and should be in the form of a legitimate sterling
cheque. It should be made payable to 'Showcomplex' and sent to:
Mark Lumsden
HSBC House
Esplanade
St Helier
Jersey
Channel Islands
JE1 1HS
For new subscriptions the amount is due from the date the
artist is informed that their package has been set up. Payment should be
received no later than two weeks from this date.
All subscriptions are for the length of one year from the date of being informed
(there are no monthly or quarterly payment options at present).
This date is then
used as the 'due date' for subsequent annual re-subscriptions (if subscription occurs and is continuous).
The Showcomplex administrators will contact an artist
two weeks prior to the end of their subscription
to see if they wish to re-subscribe for another year.
If an artist wishes to re-subscribe, payment should be received no later
than two weeks after the 'due date' (one year after the initial
set up or on the anniversary of that date in subsequent years).
Otherwise extra charges are liable to be incurred.
Price changes (either raised or lowered) are not due or recoverable on paid or liable subscriptions.
The different prices are only reflected on re-subscriptions or
new subscriptions from the date of the actual price changes.
Termination of Subscription:
An artist who does not wish to re-subscribe should inform the Showcomplex Administrators
of their decision prior to the annual due date.
If, after four weeks of the due date for re-subscription, an artist has not paid the sum due
or contacted the Showcomplex Administrators,
the Showcomplex Administrators will understand that this is an artist
indication that they wish to terminate their subscription.
If, after eight weeks of the due date for re-subscription, an artist has not paid the sum due
but has contacted the Showcomplex Administrators,
the Showcomplex Administrators will inform the artist that due
to non-payment their subscription has been terminated.
Once the subscription has expired or terminated for any reason, the Showcomplex administrators
will not be liable to the artist because of the loss of prospective profits,
any anticipated sales, goodwill or any commitments in connection with
that artists artwork having been removed from Showcomplex.
Early Termination of Subscription:
Either party can give one month's notice to terminate the agreed subscription before one year is completed.
If an artist wants to have their images/information removed from Showcomplex
they must inform the Showcomplex administrators either by post or email
(the email must come from the address logged as part of the artist's contact details with the
Showcomplex administrators).
If the artist wants their images/information removed from
Showcomplex prior to the end of the one month period the
Showcomplex administrators will endeavour to remove their images
as soon as possible after receiving the instruction of removal.
If an artist requires immediate removal
then a charge will be liable.
Any unpaid fees or costs owed by an artist prior to the termination of the
subscription will still remain payable.
Due to administration costs no refund is liable to be paid by the Showcomplex adminstrators.
Images/Information on the Internet:
A new artist who has recently had their work put onto
Showcomplex should check all information (text and images)
that have been placed into their pages by the Showcomplex Administrators
(this is to check for any errors and the general integrity of data).
Artists have full and sole responsibility for the images/information they display on Showcomplex.
Any issues contested by a third party arising from the
legality, origin or copyright of images and/or information which have been displayed by an artist
on Showcomplex are the sole responsibility of that artist concerned.
If an artist who has put work on Showcomplex through subscription finds
that those images
have been used elsewhere by a third party without the
Artist's consent, the Showcomplex administrators are not financially or otherwise
liable for any legal action that the artist
may wish to take against the afore-mentioned third party.
Showcomplex Web Site Usage:
Artists who have an active subscription with Showcomplex are assigned a 'unique to
Showcomplex' username and password.
It is up to the artist concerned to keep this information private. Any damage that
is caused to Showcomplex by someone logging in with someone else
username and password, the artist whose username and password it is will be held responsible
and be liable to pay any costs regarding repair work required.
It is free for artists to update their images and/or information if they use
the Showcomplex Update programmes themselves. In order to achieve this an artist requires the use of
a PC with an active Internet connection and image editing software installed.
It is not up to Showcomplex Administrators
to provide these items.
The Showcomplex administrators are not liable to provide training of personal computer usage in a
general or Showcomplex specific nature.
There are comprehensive notes which accompany the Showcomplex Update programmes.
The Showcomplex administrators are not liable to provide training for the Update programmes.
If an accepted artist has problems using the Update programmes they are welcome to contact the
Showcomplex administrators for assistance. Queries and advice can take the form of email messages or
telephone calls. The Showcomplex administrators endeavour to make
the Update programmes as user friendly as possible.
If an artist is unable to change images due to not having the neccessary pre-requisite items
the Showcomplex administrators can be requested to update them
but an administration charge will be incurred.
The web pages which hold an artist's artwork on Showcomplex are of a generic template nature.
The benefits of this are two fold:
1. the programmes that update the pages are simpler to maintain which means lower costs.
2. People viewing Showcomplex learn
how to navigate round Showcomplex quicker which means they know how to find things of interest
and are able to 'cover more ground' in a given period and are more liable to see more artwork.
The limitation this brings is there is no room for bespoke design of individual artist's web pages.
The Showcomplex Administrators reserve the right to modify
web pages within Showcomplex for the benefit of the Update programmes and
for other administrative reasons without prior warning.
(Note: these types of amendments are invariably 'invisible' when looking through a standard browser)
The Showcomplex Administrators reserve the right to modify web pages within Showcomplex on a 'visible'
design scale but give paying artists fore-warning of any large-scale change. The design changes will probably
be viewable in a mock artist site before being implemented throughout the whole of Showcomplex.
[Unlike the previous point this type of change happens
very rarely and at time of writing there is no plan for any type
of major amendments.]
Artists are assigned a category in the A-Z Artist Category page. The Showcomplex administrators choose which
category they believe is likely to cause LEAST confusion for the viewing public. (An artist may
want to be in the Painting category but also may have 6 pencil drawings displayed on Showcomplex.
The Showcomplex administrators
would assign the artist to the Drawing category but if the artist then puts up 6 paintings they
could be moved to the Painting category). Artists can request to be moved to a different category
if they feel that category would cause LESS confusion but the Showcomplex Administrators have final say.
The defining factor is the medium/media used in the majority.
An Artists inclusion in the A-Z files is not mandatory.
An Artist can request to be removed from the A-Z files but still have their work held on Showcomplex
(usual charges would apply and normal update functionality would still be maintained).
Inappropriate content
The Showcomplex Administrators have NO desire to be arbitrators of good taste or of fine art. However,
if an artist places content on Showcomplex that brings, or will bring, Showcomplex into disrepute then that artist's
images and information will be liable to immediate removal from Showcomplex with no refund liable.
Search Engines:
All artists web pages on Showcomplex are indexed by search engines, including
Google, MSN, Yahoo etc... If an artist does not want their name and/or images
indexed in search engines it is advisable to NOT put their information onto Showcomplex.
Once an artist's pages are indexed in search engines, their pages can remain
there for an unknown amount of time (years!). The information in these search
engines is completely out of the Showcomplex administrators jurisdiction.
Refer to the previous point if unsure whether to have information on the Internet.
If an artist is accepted onto Showcomplex it can take many months for their
information to show up on search engines. Typically, the time required to
show up in Google is usually no longer than 3 months. However the precise
time taken is out of the Showcomplex administrators hands.
The Showcomplex administrators do not guarantee inclusion or placement in any search engine/directory.
Artists who try and "spam" search engines may have their web pages removed.
"Spamming" in this instance means artists amending their web pages so that
their name or other textual content gains higher
rankings in search engines. This can be detrimental to Showcomplex as a whole can result in
Showcomplex being removed from search engines.
Levels of Service:
The Showcomplex administrators have chosen a reliable and established web hosting company to host
Showcomplex. However by the nature of the technology used to host Showcomplex (one server) the
Showcomplex Administrators cannot guarantee 100% uptime or service. (Note:
even with multiple servers clustered or load balanced together and costing tens of thousands of pounds
to purchase and administer, 100%
uptime can be guaranteed only with hesitancy. More importantly, even with multiple servers,
100% availability and accessibility at all times from
all nodes on all the networks on the Internet
must be impossible.) Routine maintenance or unexpected software or hardware occurances do happen and for the
time it takes to rectify the issue(s), Showcomplex may be unavailable and no refund is liable.
Any email sent through Showcomplex is not viewed by the Showcomplex administrators.
Due to the nature of the Internet though, the Showcomplex administrators do not
take responsibility for emails that do not arrive at an artist's email server.