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Artist Terms and Conditions

1. Overview

1.1. What are these Terms about?

These terms and conditions, together with the policies expressly referred to within (Terms) govern how any artwork (Artwork) owned by a person registered with ArtwallStreet Pte Ltd (ArtWallSt, we, us, our) under these Terms to sell it (Artist, you, your) may be offered for sale and sold on the website and systems accessible at https://artwallst.com (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.

Each contract for the sale of Artworks by you (Contract) shall be concluded in accordance with Clause 22.4 of the Terms and Conditions of Use (Terms of Use), the current version of which, as amended from time to time in accordance with those Terms of Use, shall form part of these Terms. When you display Artworks for sale on our Platform you will be offering to sell these directly to a Customer via both offline and online channels, and you appoint us as your commercial agent to conclude the sale of the Artworks in accordance with the Clause 1.4 of these Terms.

1.2. Our details and how you can contact us

ArtWallStreet Pte Ltd is incorporated in Singapore with our registered office at 7 Temasek Boulevard, #12-07 Suntec Tower One, Singapore 038987. Our registered number is 202032492K. Our principal activity is the provision of an online art marketplace displaying authentic Artworks for sale and rent.

If you have any questions, concerns or complaints, you can email ArtWallSt at team@artwallst.com or write to ArtWallStreet Pte Ltd at 17 Temasek Boulevard, #12-07 Suntec Tower One, Singapore 038987.

As soon as we receive any complaint, action will be taken to rectify the problem. If you contact ArtWallSt by post or email we will reply by email. If you contact ArtWallSt by phone we will aim to resolve the issue immediately. If we need a little time to investigate we will let you know.

1.3. What definitions will be used in these Terms?

Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:

Listing

The listing refers to the page and its contents on which an Artwork is offered for sale and for exhibition by an Artist on the Platform.

Content

Any text or imagery contributed to and hosted on the Platform.

Gross Sale Proceeds

The monies paid by a Customer to us under the Terms of Use with respect to the sale of an Artwork concluded via the Platform.

Net Sale Proceeds

The monies due to a Artist under these Terms with respect to the sale of an Artwork concluded via the Platform

Customer

Any person registered with us under the Terms of Use for the purpose of purchasing Artworks on the Platform.

1.4. You appoint us as your commercial agent

You hereby authorise us to act as your commercial agent to promote your Artwork(s) that have been uploaded on our Platform for sale to Customers via the Platform (but we are not obliged to find you Customers), and to conclude each Contract for the sale of your Artwork(s) with the customer via the Platform or other ArtWallSt channels.

ArtWallSt will dispatch or arrange for the dispatch of the Artwork(s) you have sold after receiving notification of the Customer’s order. Customers may only pay for Artwork(s) they purchase via the Platform by making a payment to us and you must not invoice any Customer, or obtain payment, outside the Platform. Any refunds to Customers may only be initiated via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Artwork(s) purchased via the Platform.

Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Artist. We are not a fiduciary or trustee of the Artist.

1.5. Are there any other policies or terms I should read?

Below is a list from which you can access all documents and policies referred to in these terms, which should be read carefully.

Please note that your general use of the Platform as a visitor and Artist is additionally governed by ArtWallSt’s Terms of Use.

ArtWallSt reserves the right to alter these Terms or other Platform policies at any time, so kindly review them often to ensure you are aware of any changes. If you do not agree to all the following terms you should not use this Platform.

1.6. By which laws are these Terms governed?

These Terms are governed by the laws of Singapore and you agree to submit to the exclusive jurisdiction of the courts of Singapore with respect to your relationship with ArtWallSt.

It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate.

2. Content and eligibility

2.1. What requirements must I meet to be eligible to sell on the Platform?

You must be over 18 years of age to become an artist on the ArtWallSt Platform. By accepting these Terms you represent and warrant that you are at least 18 years of age. If you are below 18 years of age, you must obtain consent to use the Platform from your parent or legal guardian who is of the age of consent.

This is a legal agreement, and it is important that you and your parent or guardian understand exactly what you are agreeing to when you use ArtWallSt. Please read this agreement with your parent or legal guardian before you use ArtWallSt and its related services, and please ask about anything you do not understand.

You additionally warrant that all information you provide to ArtWallSt, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.

We reserve the right to revoke your access to the platform should we discover that you have made inaccurate representations of your information, profile or portfolio of artworks.

2.2. What is the status of my account on the Platform?

When we accept your application to register on the Platform as an Artist, we set up a data account for you in our systems (Artist Account) that includes details of each of your Artworks, your profile, exhibition (Exhibition) details and sales (Sale) of your artwork and issue you with certain credentials with which to log-in to your Artist Account.

Each time you seek to access the Artist Account we will ask for your login details. As long as the correct login details are entered, we will assume that you are the person giving instructions and you will be liable for them, except to the extent provided for in this clause 2.2. You must therefore keep your login details secret and make sure that they are not stored in a way that enables others to impersonate you. If you disclose the login details to any person that you authorise to access the Artist Account, you are also responsible and liable for any access, use or misuse or disclosure of your logins details or Artist Account by such person.

We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or (iv) if we believe the Platform is being used for an illegal purpose.

Unless and until you notify us by email to team@artwallst.com that you believe someone else knows the login details or can use the Artist Account by impersonating you:

  • a) you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
  • b) we will not be responsible for any unauthorised access to confidential information about you in the Artist Account.

We will do all that the Service Provider reasonably can to prevent unauthorised access to Artist Account.

2.3 Must I be the creator of the Artworks I upload?

You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on ArtWallSt or are the authorised seller of such Artworks as directly authorised by their creator.

You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Platform.

2.4. What restrictions apply to the Artworks I may sell on the Platform?

All Artworks represented for sale and exhibition on ArtWallSt must be one-of-a-kind or limited edition original artworks with a maximum edition size of 750. All Artworks uploaded on the Platform shall be assigned unique identification codes generated by the Platform which can be used to verify the number of editions available for sale.

Artists must declare the total number of limited editions of each artwork available for sale globally, including those available on ArtWallSt. ArtwallSt will be authorised to sell the number of limited editions that are assigned to ArtWallst. ArtwallSt and its partners are not responsible for any dispute arising from any sales or any form of transactions of these limited editions outside ArtWallSt.

2.5. What restrictions apply to the Content I may upload to the Platform?

You acknowledge and agree that you are solely responsible for all Artwork Content you upload to ArtWallSt. You may not upload Artwork Content or any other materials which ArtWallSt reasonably believes to be:

  1. offensive, including material that incites racial hatred or promotes discrimination;
  2. obscene or pornographic; or
  3. materials which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

ArtWallSt reserves the right to remove any Content or Artwork Listings from the Platform at any time at its sole discretion.

2.6 How and when are ArtWallSt permitted to use my content?

By registering and becoming a Artist and uploading Artwork Content you grant ArtWallSt a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly advertise and transmit your Artwork Content via online and physical sales channels (including the Platform and third party sites and platforms) in any media now known or not currently known.

This right and license is solely for the purpose of enabling ArtWallSt to use your content for the promotion of the Platform, the artists and the artworks. ArtWallSt does not claim, and so may not violate, ownership rights in your Artwork Content.

You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, and defined later in this document.

3. Your obligations

3.1. Am I responsible for inaccuracies in my Artwork Listings?

It is your responsibility to ensure that all Listings submitted to the Platform represent the Artworks offered for sale therein to the highest degree of accuracy possible.

Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, ArtWallSt reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.

3.2. Are there any restrictions in place on how I may price my Artworks?

The price stated in each of your Artwork Listings (Price) must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly or on consignment.

You authorise us to discount the Price by up to 15% in the event that ArtWallSt deems this necessary to conclude a Sale, based on:

  • a) specific actions of a Customer at a given time (for example, first-time Purchase, cart abandonment, intention of buying multiple Artworks from you or other Artists);
  • b) seasonal events typically linked to consumer promotions (such as Christmas Day or “11/11” November sales) targeted at specific Customer countries, regions or globally, including Platform-wide promotions.

Where a Customer introduced to you through the Platform locates your Artwork offered for sale elsewhere at a lower price either directly by yourself or by an authorised consignee, ArtWallSt reserves the right to adjust the Price of the Artwork on ArtWallSt, before or after Sale of the Artwork has been completed, to be equal to the lower price, and calculate your Net Sale Proceeds for any resulting Sales in accordance with this updated Price.

3.3. Who is responsible for fulfilling orders placed for Artworks I upload for sale?

ArtWallSt and its partners will be responsible for arranging the printing, packaging and shipment of artworks for delivery to Customers who purchased the artworks through the Platform. The price of print, packaging, handling fees and shipment of any individual artwork are transparently displayed on the Artist’s dashboard on the Platform.

In addition to shipping costs, ArtWallSt will also debit from the Net Sales Proceed any relevant local and export taxes that may apply when shipping to customers.

The cost of the printing and shipping of the artworks are subject to changes in industry or macroeconomic conditions as well as policies of ArtWallSt.

The prices of printing, shipping and handling fees are subject to change by ArtWallSt without notice and it is the responsibility of the Artist to keep abreast of the pricing by logging into the platform regularly.

3.4. What happens if the Customer chooses to have the Artwork(s) framed by a third party frame supplier?

We will make it available to Customers to buy loose prints of artwork through the Platform soon. For now, all artworks are sold with ready-to-hang frames.

4. ArtWallSt’s obligations

4.1. How will I be notified of orders placed for my Artworks through ArtWallSt?

When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address.

4.2. How and when does ArtWallSt collect payment from Customers for orders placed for my Artworks?

The Customer’s chosen payment method will be debited for payment for the Artwork(s) and all applicable Delivery Charges when we send the Customer the Order Confirmation.

4.3. When will ArtWallSt transfer my revenues for Artworks I have sold to consumers through the Platform?

Your Net Sale Proceeds will be transferred to your Nominated Payment Account on expiration of ArtWallSt’s returns period as stipulated in our current Customer Return Policy, subject to any required administrative and clearance period, and in line with ArtWallSt’s current Payment Schedule.

ArtWallSt is entitled to withhold your Net Sale Proceeds for any given Sale if there is, or in ArtWallSt’s reasonable opinion is likely to be, a dispute with you or a dispute between ArtWallSt and the Customer, until such dispute is resolved to ArtWallSt’s reasonable satisfaction.

5. Returns and disputes

5.1. Am I obliged to accept requests for the return and refund of my Artworks ordered through the Platform?

By creating Artwork Listings on ArtWallSt, you agree to offer ArtWallSt’s current Platform-wide Customer Return Policy with respect to any resulting sales. All returns requests submitted by Customers are received, processed and arranged by ArtWallSt. You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through ArtWallSt.

5.2. What happens to returned artworks?

ArtWallSt will receive and store all returned artworks in its warehouse for repackaging and storage for future sales.

6. Fees and Payments

6.1 Are there any upfront fees charged on opening an account on ArtWallSt?

You may list Artworks for sale on ArtWallSt in accordance with your Artist Plan Subscription. Your monthly Artist Plan Fee payable to ArtWallSt is determined by your Artist Plan Subscription and laid out in the current Commission and Fees Policy.

When your Artwork is sold to a Customer through ArtWallSt, ArtWallSt is entitled to charge the commission and fees, plus GST, in accordance with your Artist Plan Subscription and laid out in the then current Commission and Fees Policy.

Artist Plan Subscription fee may be waived at the discretion of ArtWallSt for promotional purposes.

6.2. When is ArtWallSt entitled to take commission on a sale of one of my Artworks?

You must pay the Commission on any sale of your Artwork or Artworks to any Customer first introduced to your Artworks, or with whom you have first made contact, via the Platform. We will deduct our Commission from the Gross Sale Proceeds for that Artwork.

Any attempts to complete sales or any other monetary transactions initiated on but completed outside the Platform are strictly prohibited, and will result in the suspension or closure of your Artist Account.

In any case where ArtWallSt reasonably believes a sale or monetary transaction initiated on the Platform to have been completed outside of the Platform, ArtWallSt reserves the right to debit any costs associated with resulting customer return requests from any Net Sale Proceeds due to you.

6.3. How much revenue will I receive from sales completed through the Platform?

ArtWallSt deducts Commission and Fees from the Gross Sale Proceeds on a percentage basis in relation to Sales completed through the Platform, as defined in our Commission and Fees Policy, which is subject to change and incorporated into these Terms by reference. In the event of any change to the Commission and Fees Policy, ArtWallSt will provide at least 14 day’s notice by posting the changes on the Platform. Your Net Sale Proceeds for any given Sale is the Gross Sale Proceeds based on the Price at which the relevant Artwork(s) is sold under the Contract, less the total Commission, Fees and taxes due in relation to the Sale as defined in our Commission and Fees Policy and any discount that you have offered (or authorised ArtWallSt to offer under Clause 3.2), to the relevant Customer. Unless offered pursuant to your authority under Clause 3.2 or otherwise expressly agreed by you, any Platform-wide discounts and promotions offered to Customers on the Platform will be absorbed by ArtWallSt in full and not affect in any way your Net Sale Proceeds.

6.4. How will revenues for orders of my Artworks be transferred to me?

You shall open and maintain in your name a payment account with a duly authorised payment services provider made available on our platform to receive payments from ArtWallSt and include the details of it on the payments page in your Artist Account (Nominated Payment Account).

Your Net Sale Proceeds will be transferred to your Nominated Payment Account in the next available qualifying pay run in line with our current Commission and Fees Policy. Your Net Sale Proceeds for any given order will not be transferred until these requirements have been satisfied with respect to that order.

ArtWallSt reserves the right to defer the payment of your Net Sale Proceeds until the next pay run for any given Sale if the total payment amount is under $50 USD and the payment method is a bank transfer to a Nominated Payment Account held by you with a payment service provider located outside of Singapore.

7. Termination and account cancellation

7.1. Under what conditions may this agreement be terminated?

ArtWallSt may, in its sole discretion, terminate this agreement, access to the Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.

7.2. How can I cancel my ArtWallSt account?

You may request deletion of your ArtWallSt Account from your user settings page. On receiving notice of your cancellation request, we will endeavour to remove your Artist account from the Platform within 2 working days.

8. Commission and Fees Policy

8.1 Artist Plan Subscription Fees

To exhibit and sell Artworks through the Platform, an Artist must have a Artist Plan Subscription.

An Artist Plan Subscription chosen by the Artist will determine the fees payable monthly in advance to ArtWallSt, the level of Commission that ArtWallSt is entitled to charge the Artist for each Artwork sold, and which Platform features are available to the Artist.

The Artist Plan Subscriptions and corresponding Seller Plan Fees / Commission percentages available are:

Seller Plan Subscription Markets Seller Plan Fee Commission Restrictions/Features
Starter Plan SG No monthly fee 20% Maximum 10 Artwork listings
Pro Plan Global USD 10.00 20% Maximum of 30 artwork listings

Artist must choose an Artist Plan Subscription level at the time of registration on the Platform. Each month is a non-refundable advance purchase of that level of Starter Plan Subscription for the applicable month and it will automatically renew every month. Artists can change their Artist Plan Subscription by updating their settings at any time.

Commission

For all Artworks sold through the Platform, each Artist must pay ArtWallSt commission (plus any applicable tax) based on the % applicable to their Seller Plan Subscription. Commission is calculated on the final Price at which the Artwork is sold, before cost of printing and other related fees are deducted. For example, a 20% commission chargeable on a $100.00 artwork will be $20.00.

For any Platform-wide discounts and promotions offered to Customers on the Platform will be absorbed in full by ArtWallSt.

Invoicing and Statements

ArtWallSt will raise an invoice at the beginning of each month in respect of the Artist Plan Fee and charge it to the payment method stored in the Artist’s account.

9. Further Provisions

9.1. Website Usage

In no event will ArtWallSt be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.

Throughout the Platform, you may find links to third party websites. Please note that ArtWallSt is not responsible for the privacy policies or content of third party sites.

9.2. User Data

To the extent that personal data is supplied by users to ArtWallSt, such data shall be owned by ArtWallSt and subject to the then effective Privacy Policy of ArtWallSt. Where you receive personal data from users of the Platform, you will comply with all applicable law and regulation, the ArtWallSt Privacy Policy and all other instructions of ArtWallSt.

9.3. Liability

ArtWallSt is a platform that provides a multi-channel marketplace to exhibit and sell artworks.

The Platform is provided on an “as is” basis. ArtWallSt makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.

ArtWallSt shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.

Without limiting the foregoing, ArtWallSt’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Artwork through the Platform.

You hereby indemnify ArtWallSt and keep ArtWallSt and its group companies, third party Artists, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of ArtWallSt), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Platform.

Last updated: 12 Mar 2021