Terms & Conditions
Rights of Website Content
The images, artwork, and contents of this website may not be copied, collected, or used for personal or professional gain without written permission from Kate Alexandra Priestley. The images, artwork, and contents of this website, if given permission by Kate, should be credited if shared.
Rights Of Reproduction
I retain all rights to all artwork I create. This includes the rights to the image of sold & commissioned original paintings. I retain the right to make reproductions of any and all artwork I create.
The Collector or buyer may not reproduce the artwork in any way without written permission.
If the artwork ends up being published elsewhere for example in social media or a magazine I only ask for credit.
When you purchase an original painting you, the collector, have the right to display the artwork in your home or business but the artwork may not be resold or reproduced without my written permission.
Terms & Conditions – Website & Graphic Design SErvices
All offers are non-binding offers and can be revoked at any time, even if they contain a term for acceptance. Offers can also be revoked in writing by Kate within 7 days of receipt of acceptance, in which case no agreement has been concluded between parties. All offers from Kate are valid for 14 days unless stated otherwise.
The Agreement is executed by Kate to the best of her knowledge and ability, in accordance with the requirements of good workmanship.
A 50% deposit for Kate is required before work commences. All deposits are non-refundable. A final payment is requested upon completion and before releasing any files meant for publication.
Kate will send an invoice for the amounts owed by the Counterparty. The payment term of each invoice is 14 days days from the date of the invoice concerned, unless stated otherwise on the invoice or otherwise agreed.
Changes And Additional Work
After completion of the Agreement any further work such as website maintenance will come at a cost of £40 per hour, unless agreed otherwise.
If during the execution of the Agreement it appears that for a proper execution it is necessary to change or supplement the Agreement, Kate will inform the Counterparty of this as soon as possible. The parties will then proceed to amend the Agreement in time and in mutual consultation.
Obligations Of The Counterparty
The Counterparty will ensure that all data, instructions, materials and / or equipment that Kate indicates are necessary or that the Counterparty should reasonably understand to be necessary for the execution of the Agreement are available in time. The Counterparty must also grant Kate access and all powers and authorisations necessary to properly execute the Assignment.
Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained under the Agreement from each other or from another source. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
Notwithstanding the foregoing, Kate is authorised to include the name of the Counterparty on a list of relations, which is published on the website or via other communications to third parties, unless agreed otherwise.
Force Majeure And Unforeseen Circumstances
A shortcoming cannot be attributed to Kate or the Counterparty, since the shortcoming is not due to his fault, nor is it for the account of law, legal act or prevailing views. In this case, the parties are also not obliged to fulfil the obligations arising from the Agreement.
In this General Terms and Conditions, force majeure means, in addition to what is understood in that area in law and jurisdiction all external causes, foreseen or not foreseen, over which Kate cannot influence and as a result of which Kate is unable to fulfil the obligations.
For Kate, force majeure means: strikes; traffic disruptions; government measures which prevent Kate from fulfilling her obligations in a timely or proper manner; riots, rebellions, war; traffic barriers; lack of manpower; extreme weather conditions; fire; import, export and / or transit bans; and / or any circumstance as a result of which the normal course of business is impeded as a result of which fulfilment of the Agreement by Kate cannot reasonably be demanded by the Counterparty.
Parties can terminate the Agreement at any time by mutual consent.
Parties can terminate the Agreement in writing with a notice period of 1 month.
Parties can terminate the Agreement in writing with immediate effect, in the event of: application for or granting a moratorium to the other party; filing for bankruptcy or bankruptcy of the other party; or liquidation of the other party or non-temporary termination of the other party’s business.
If the Agreement is dissolved, the claims of Kate on the Counterparty are immediately due and payable. If Kate suspends fulfilment of the obligations, it will retain her rights under the law and the Agreement. Kate always reserves the right to claim damages.
Kate will return to the Counterparty any property, documentation, records, or confidential information which is the property of the Counterparty upon the expiry or termination of this Agreement.
Kate is never liable for indirect damage, including consequential damage, loss of profit, missed savings, damage due to business interruption, damage resulting from the provision of defective cooperation and / or information from the Counterparty, damage due to non-binding information provided by Kate or advice, the content of which does not explicitly form part of the Agreement and all damage that does not fall under direct damage within the meaning of these General Terms and Conditions.
Kate is never liable for errors of the material provided by the Counterparty or for misunderstandings or errors with regard to the performance of the Agreement if they are caused by or caused by actions of the Counterparty, such as failure to not supplying complete, sound and clear data / materials.
Kate respects the privacy of the Counterparty. Kate handles and processes all personal data provided to her in accordance with applicable legislation, in particular the General Data Protection Regulation. The Counterparty agrees to this processing. Kate uses appropriate security measures to protect the Counterparty’s personal data.
These terms and conditions are a summary. The full document of the terms and conditions Kate will send to the Counterparty to be agreed upon before the commencement of the agreed work. Or the Counterparty can request the full document in advance.