Terms and Conditions
This agreement outlines our commitments to our subscribers (such as the level of service and support they are entitled to) and a subscriber's obligations to us (such as how the service is paid for and what details need to be provided).
1. TERMS USED IN THIS AGREEMENT
For the purposes of this agreement the terms "you" and "your" refer to the accountholder. The terms "we", "us", refer to the administrators of www.artbiogs.co.uk (Artbiogs) website as laid out below (see 7, "PARTIES"). The term "account" refers to the facility provided by Artbiogs whereby you are granted access to the subscribers' area of the site and where your personal details are stored. The term "subscription" should be taken to refer to the agreement for payment you make with the payment processor WorldPay during the subscription process.
2. OUR OBLIGATIONS TO YOU
2.1 – Your Account - Subject to the provision of a genuine and correctly spelt email address capable of receiving emails from Artbiogs (including emails generated automatically by a computer) Artbiogs is obliged to provide you with the means of accessing your account.
2.2 - Availability - While your account is open and not contravening any of the terms laid out in this agreement, Artbiogs is obliged to grant you access to the subscribers' area of Artbiogs via a unique username and password. While every effort is made to ensure that the site is available at all times there may be occasions when, due to unforeseen technical difficulties that may affect the server, the internet in general, or other equipment, the site (including the subscribers' area) may be unavailable. Artbiogs makes no representation that the subscribers' area will be available at all times and accepts no liability for any temporary unavailability.
2.3 - Customer Support - Artbiogs is obliged to respond to any support request at its earliest convenience, subject to the provision of a correct and working email address. No support can be provided by any other means.
2.5 - Accuracy of information - Artbiogs is obliged to provide information that is correct to the best of its knowledge, and to follow up any notifications of errors in a reasonable timeframe. However, Artbiogs cannot be held liable for any errors or inaccuracies in its databases, or any loss that may arise from a user acting on information provided by Artbiogs. Inclusion does not constitute recommendation and any action you undertake in relation to any information provided by Artbiogs is undertaken entirely at your own risk.
2.6 - Any information in whole or in part that is available within the restricted areas of Artbiogs can only be used by a person whose subscription is fully paid. Such a person may use information taken from the site in any printed matter within the users control. However, it may not be passed to a third party for similar use. If Artbiogs deem this to have happened, the user's subscription will be terminated.
3. YOUR OBLIGATIONS TO US
3.1 - You are obliged to keep your email address up to date. You can change your email address by going to the edit page at My account.
3.2 - Payments - By taking out a subscription to Artbiogs you agree to pay for any service rendered, including but not limited to account creation, account upgrade, and the maintenance of your account, in line with the terms of each payment plan as laid out below, as well as any fees that become payable under the terms of this agreement.
3.3 - Disputed Payments - By taking out a subscription to Artbiogs you assert that you will honour all payments made and will not dispute any payments made, either through your bank, credit card company, payment processing company, or by any other means.
3.4 - Database Maintenance - As a subscriber to Artbiogs you may if you choose to provide notification of any errors you consider to be incorrect in the databases. Artbiogs reserve the right to choose whether or not to use this information.
3.5 - Account Security - As a subscriber to Artbiogs you must keep your login details secret at all times and never share them with any other person. If activity on your account suggests that your login details have become compromised your account will be automatically suspended and you will be issued with a new password within two working days. You must not revert to your previous password, which may have been compromised.
3.6 - Artbiogs expressly forbids any user to pass on his/her username and password details to a third party for any purpose whatsoever. If this is deemed to have happened, Artbiogs reserve the right to terminate that user's subscription with immediate effect.
4.1 - Artbiogs subscriptions are created on the basis of receipt of the appropriate fee, the value of which varies depending on the payment plan chosen. All fees are payable by the user in British Pounds.
4.2 - Payment Agreements - By taking out a subscription to Artbiogs you request WorldPay to transfer money to Artbiogs from your elected credit or debit card for a subscription (appropriate to the pricing plan you have chosen), and to make further transfers on a recurring basis appropriate to the pricing plan you have chosen. The precise date and time of your payment may vary depending on the number of days in the month, and your time zone. If you wish to avoid making a payment you should cancel at least three days in advance of the anticipated payment date, and you are aware that no refunds can be given for any failure upon your part to do so. Once payment is made, it cannot be refunded. In common with almost all direct debit or standing order arrangements, prior notification is not given before a payment is made, and it is your responsibility to ensure that there are sufficient funds available to your card to make the payment. Artbiogs cannot be held liable for any additional charges you may incur as a result of, for instance, insufficient funds being available to your card. These transfers will continue until you cancel your account and instruct WorldPay to stop these transfers. Please note that Artbiogs is at no time made aware of your card details, and as such is unable to make charges to your card. The payment agreement you make when you subscribe is between yourself and WorldPay, and it is your responsibility to administer this agreement. Artbiogs cannot be held responsible for unwanted transfers of money made as a result of your negligence to administer your agreement to your satisfaction, and regrets that, due to the charges involved, cannot make refunds for any payments accidentally made in this manner. Subscriptions may be subject to price changes, but you will be notified in advance of any alterations and given the opportunity to cancel your subscription should you so wish.
5. ACCOUNT DURATION AND TERMINATION
5.1 - Duration - Your account will remain active from the point at which you first access the database until the point at which your subscription is cancelled in accordance with any of the points detailed below (excepting interruptions to service caused by technical errors, possible security issues, or suspensions imposed due to account misuse or suspected account misuse at Artbiogs's discretion). You must have an active payment agreement in operation with WorldPay relating to your account for it to remain open, and it will be deactivated as soon as such agreement ceases to exist.
5.2 - Account Misuse - Artbiogs reserves the right to close without warning any accounts being used for any other purpose than for the provision of information held in the subscribers' area to the individual subscriber. Possible forms of misuse include, but are not restricted to the following: (i) password-sharing - the sharing of login details is strictly prohibited. Our system will detect such misuse and a warning will be issued. Such repeated misuse will result in your account being temporarily suspended but your subscription will remain active, and you will be supplied with new login details. Should the situation recur your account will be closed and your subscription will be cancelled; (ii) incorrect information - if the information you provide about yourself is false or incorrect you may be denied access to your account or your account may be closed. This applies in particular to the sign-up process where the use of a false or inaccurate email address, or one which cannot receive emails from Artbiogs, will render you unable to activate your account, for which we accept no responsibility and for which no refunds will be issued.
The parties to this contract shall include (i) any person who commences the online account creation process and continues that process to the point of payment (referred to above as "you" or "your"); and (ii) the administrators of the Artbiogs website, being at this time Artist Biographies Ltd. In the event of the sale or transfer of the website or business the contract will pass to the new administrators of the site.
These terms and conditions are the current terms and conditions covering subscription to Artbiogs and supersede any previous terms and conditions and may be superseded in themselves or amended in future without prior consultation. If any part of this contract is held by any competent authority to be invalid or unenforceable in whole or in part this shall not affect the validity of the other provisions of this contract, or the remainder of the provision in question. English law shall apply to the contract and the parties agree to submit to the non-exclusive jurisdiction of the English courts.