Terms and Conditions

ENAS membership and fees terms and conditions

GLOSSARY

ENAS’: refers to Essex Network of Artists’ Studios, a new initiative to promote visual art activity in the region funded by Essex County Council, firstsite and Arts Council England. ENAS will strengthen the sector through promoting studios and creative dialogue, by offering a range of opportunities and sharing sustainable practices. Essex County Council and firstsite reserve the right to use discretion when making decisions relating to ENAS membership.

Us’ (also ‘We’): refers to Essex Network of Artists’ Studios and the Foundation Studios.

You’: refers to User Members and Site Users

User Member’: refers to members of Foundation Studios, Associate Studios or Affiliated Artists who pay membership to ENAS and can access ENAS opportunities and online member areas

User Member content’: refers to all content (text, visual, audio visual, comments and forum entries) uploaded by User Members

Site User’: refers to the general public who are not members of ENAS and do not get access to ENAS opportunities or online member areas

The Site’: refers to the ENAS website as used by User Members and Site Users

Foundation Studios’: 8 studios which have helped to create and set up the network. They include TAP, Gatehouse Arts, Hadleigh Old Fire Station, ACME High House Studios Thurrock, The Hive, Parndon Mill, Slack Space and Cuckoo Farm Studios

Associate Studios’: Studios of two people or more who join ENAS

Affiliate Artists’: individual artists who join ENAS through affiliating themselves with a Foundation Studio or Associate Studio

Membership Commencement Date: the date on which these terms and conditions come into force, as confirmed in writing to the User Member by ENAS

ENAS Open Studios’: is an annual event enabling ENAS members to shape and avail of a programme of professional development and peer-to-peer learning activity in addition to an opportunity to engage the public through their studio practice and ENAS events.

USER MEMBER ELIGIBILITY

  • You must be 18 years or over to register as a User Member, access the secure User Member area of the Site and/or submit an Application for ENAS opportunities.
  • A User Member must work professionally as an artist either on a full or part-time basis.
  • We reserve the right to ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your User Membership or use of the Site immediately and without notice and/or disqualify you from any ENAS application process.
  • Site Users may be under 18 years.

USER MEMBERSHIP CATEGORIES

There are three categories for ENAS membership:

1. Foundation Studios - ENAS refers to the Foundation Studios which have helped to create and set up the network. Membership will be free for these Foundation Studios for a period of 2 years after the Membership Commencement Date, and thereafter an annual fee will apply.

Foundation Studios will benefit from:

  • a free range of artist talks and networking opportunities
  • free opportunities to apply for ENAS funded commissions/ residencies
  • free opportunities to sell and exhibit work through ENAS events
  • free participation in ENAS Open Studios
  • free opportunities to attend CPD events (booked on a first-come basis)
  • a free fortnightly e-newsletter
  • free access to the membership blog and forums

2. Associate Studios – defined as studios consisting of 2 or more artists. The annual fee for an Associate Studio membership is £25 x number of artists.

For this annual fee, Associate Studios will benefit from:

  • a range of artist talks and Networking opportunities
  • opportunities to apply for ENAS funded commissions/ residencies
  • opportunities to sell and exhibit work through ENAS events
  • participation in ENAS Open Studios
  • opportunities to attend CPD events (booked on a first-come basis)
  • a fortnightly e-newsletter
  • access to the membership blog and forums

 

3. Affiliate Artists – defined as individual artists who can affiliate themselves to either a Foundation or Associate Studio. The annual fee for an Affiliate Artist is £25 and is payable directly to the Studio. Foundation and Associate Studios have the right of refusal to individual artists.

For this annual fee, Affiliate Artists will benefit from:

  • a range of artist talks and Networking opportunities
  • opportunities to apply for ENAS funded commissions/ residencies
  • opportunities to sell and exhibit work through ENAS events
  • participation in ENAS Open Studios
  • opportunities to attend CPD events (booked on a first-come basis)
  • a fortnightly e-newsletter
  • access to the membership blog and forums

 

What constitutes an artist? An artist must work professionally as an artist either on a full or part-time basis.

USER MEMBER SECURITY

  • You accept it is your sole responsibility to maintain the confidentiality of your password and be responsible for all activity that occurs under this. If the member’s password is stolen or disclosed to another person, the member will need to contact ENAS immediately to have old login details cancelled and reset. Persistent breach of this term could lead to termination of membership by ENAS.
  • ENAS reserve the right to remove or moderate any indecent, offensive, defamatory or otherwise unsuitable content and/or images and administer all content submitted to the site for approval. Functionality is in place that enables you to block unwanted contact from other users of the site and report inappropriate content. ENAS cannot accept contributions that are in a language other than English as these cannot be moderated or translated. Please contact ENAS if you would like help with translating text. ENAS may exercise its discretion when a breach of this clause occurs to terminate membership immediately without notice.
  • If you become aware of any misuse of the Site or wish to complain about any Site User, User Member Content or material on the Site please contact us.
  • Your data will be used by Essex Network of Artist Studios, its partner organisations and advisors (including legal advisors) as follows:
    • To administer your Membership, communicate with you or assess your application;
    • To enable ENAS to make decisions about whether Site User or User Member Content you seek to upload onto the Site should be accepted, rejected, moderated or used.
  • Data will be managed and protected for the ENAS website through a reasonable policy of informing site users of the use of their data, and making sure privileged (admin) logins are not shared indiscriminately. Essex County Council and firstsite will ensure that data is protected by Creative Co-op in their capacity as hosts and maintenance providers for the website on an ongoing basis - by taking all reasonable steps to make sure that the website is secure against known intrusion attempts, making sure that the software is kept up to date with security patches, and making sure that the server is as secure as possible. Firstsite and Essex County Council will ensure that all data is transferred to them on exit from the contract with Creative Co-op after one year. ENAS reserves the right to disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of these Terms by you or otherwise where required by law.
  • Except as set out above (or where we agree otherwise with you e.g. in relation to contacting you for marketing), your data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with ENAS Privacy Policy. To view the Data Protection policy, click here.
  • By becoming a Member and/or using the Site you are agreeing to your data being used as set out above.
  • ENAS cannot guarantee that the Site will be available, uninterrupted or error free, or that defects will be corrected, or the server that makes it available are free of viruses or bugs. Except as required by law, ENAS will not be responsible for any loss or damage caused by:
    • Interruption or delay to the Site and/or errors, viruses or bugs contained in the Site caused by events outside ENAS’ reasonable control;
    • Your negligence, your breach of these terms or failure to follow Essex Network of Artists’ Studios' reasonable instructions;
    • Any incompatibility of the Site with any other software or material on your equipment;
    • Any unauthorised use of the Site; or
    • Any other factor that is outside ENAS’ reasonable control.
  • In no event will Essex Network of Artist Studios or its partner organisations be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site.
  • These exclusions do not apply to death or personal injury caused by ENAS’ negligence and only applies to the extent permitted by law. This provision does not affect your statutory rights.

 

RULES OF ENGAGEMENT

  • All information provided by you to ENAS is accurate, true and up to date in all respects and at all times, all facts expressed by you in Site User or User Member Content are true to the best of your knowledge and belief and, if your Site User or User Member Content contains opinions, these are your own and genuinely and truly held by you
  • All Site User or User Member Content is original to you and you are fully entitled (and have all necessary consents) to give the Site User or User Member Content to Essex Network of Artist Studios (you must also have the consent of anyone featured in the Site User or User Member Content to provide this to ENAS) and you are happy for this to be used as set out in these terms. All original works uploaded to the Site remain the property of the Site User or User Member and not ENAS.
  • Nothing in the Site User or User Member Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, offensive, indecent, harassing, threatening, breach anyone's privacy or may constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute
  • You agree to indemnify and keep indemnified ENAS in full from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use and/or Membership or applications or arising from any breach or suspected breach of these terms by you or your violation of any law or the rights of any third party.
  • Essex Network of Artist Studios reserves the right to change these terms at any time by posting changes online via the Site, and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Notification of these changes will be posted on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the terms as modified.
  • It is the studios’ responsibility to ensure they have adequate insurance cover in order to accommodate other members’ use of their premises/ studios, and ENAS shall have no liability whatsoever in relation to member-to-member arrangements.
  • User Members now grant ENAS and the Site administrators a non-exclusive, worldwide, irrevocable license (for the full period of any rights in the Site User or User Member Content) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format the Site User or User Member Content for such purposes. This is for marketing purposes to publicise ENAS only. Permission will be sought from the artists where reasonable.
  • You may be requested to take part in promotional activity and ENAS will request to use, where efforts have been made to seek permission, your details, photographs and audio and/or visual recordings in any publicity
  • Unless otherwise stated, you may not copy, reproduce, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way the Site's material or content (including other Site User or User Member Content) or permit or assist any third party to do the same.
  • You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libelous, in breach of anyone's privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.
  • Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Site User or User Member content (including peer to peer transfers) other than in accordance with these terms is prohibited and will constitute a copyright infringement.
  • Individuals aged less than 18 years can still be Site Users.

 

ENAS USER MEMBERSHIP FEES

  • Fees are paid by credit or debit card through the ENAS website.
  • Fees set out in the User Membership Categories section above will be reviewed before renewal in March 2016.
  • Year two ends in March 2016, after which annual fees will be increased.
  • Members may terminate their Membership at any time, for any reason, by contacting us however membership fees are non-refundable or transferable under all circumstances.
  • Non-payment of annual fees will mean that the previous year’s membership will expire and a new application process will have to be undertaken.

 

COMPLAINTS

In circumstances when a User Member makes a genuine complaint, ENAS will show regret that the User Member has felt it necessary to complain. ENAS will be courteous, honest, helpful and open but will remain completely impartial at all stages of the process. Where necessary, ENAS will provide support to its User Members in helping them to make their complaint effectively.

Stage 1 - Informal

Most complaints can be resolved quickly and amicably by ENAS front line staff. Wherever possible, ENAS will aim to resolve the complaint close to the original point of User Member contact, usually, but not always, by the person or team already dealing with the relevant User Member. Where this is the case, the complaint is regarded as informal and not recorded.

Stage 2 – Formal

Formal complaints will always be recorded by ENAS.

A complaint will enter the formal stage if the complainant advises that they either:

  1. are not satisfied with the result at the informal stage; or
  2. wish to make a formal complaint (they can do this without going through the informal stage).

 

All complaints will be acknowledged within three working days from the date of receipt for letters and within 24 hours for all other forms of communication. At the point of acknowledgement, User Members will be provided with a contact name and number, details of ENAS procedure (timescales) and a complaint reference number. Formal complaints will be investigated within the Senior Management team at firstsite/Essex County Council Cultural Development Team. For more information on Essex County Council’s Complaints procedure, please visit:

https://www.essex.gov.uk/Pages/Complaints-comments-compliments.aspx

 

How complaints are resolved across services

Members of the Senior Management team at firstsite/Essex County Council Cultural Development Team will agree who is responsible for monitoring and communicating a joined-up response to the User Member covering all aspects of the complaint resolution and meeting customer standards.

Where a third party supplies services on our behalf, the supplier will deal with complaints through its own complaints procedure. The supplier is required to ensure that the complaint is thoroughly investigated and a copy of the resolution or outcome of the complaint, together with any correspondence, is forwarded to the complainant and firstsite/Essex County Council. The supplier should also advise the complainant that, if they are not satisfied, they may also complain directly to firstsite/Essex County Council.

Anonymous complaints and comments

ENAS staff will review anonymous complaints and comments. Where these relate to individuals or issues of significant delivery, ENAS staff will decide whether to log and investigate the complaint in line with the general policy. Any complaint or comment that relates to vulnerable people or those who might be at risk will be investigated and acted upon immediately.

Confidentiality

ENAS will maintain the confidentiality of all personal User Member information, and not disclose it outside ENAS without the permission of the User Member, unless legally obliged to do so.

Exceptions

The following exceptions apply to this policy:

  • ENAS is unable to investigate complaints relating to issues that occurred more than 6 months previously;
  • ENAS has no legal right or duty to deal with concerns and complaints about firstsite/Essex County Council.

 

This policy is underwritten by Essex County Council’s Customer Complaints, Comments and Compliments Corporate Policy Document (available on request to ENAS).

Verbal or written behaviour towards ENAS staff/ firstsite staff/ Essex County Council staff that is considered abusive will not be tolerated. Essex County Council’s policy on Health and Safety and Violence at Work will underwrite ENAS’s policy in this instance.

The ENAS Complaints Procedure will be reviewed on an annual basis or when statutory requirements change to ensure its on-going relevance.

 

DISPUTE RESOLUTION PROCEDURE

The parties shall attempt to resolve any dispute arising out of or relating to complaints or these membership terms firstly through negotiations between senior members of firstsite/ Essex County Council Cultural Development team, who have authority to settle the same and the relevant User Member. If the matter is not resolved under the preceding paragraph within 15 days of the parties first contact to negotiate, the parties shall attempt to resolve the dispute in good faith through the Centre of Effective Dispute Resolution (CEDR) or an equivalent model/ procedure.

If the matter has not been resolved through the CEDR within 60 days of initiation of that procedure, or if any party will not participate in a CEDR procedure, then either party may, within fifteen (15) Days of the conclusion of the mediation or refusal of the other party to participate, notify the other party of its intention to refer the dispute to litigation and for such purposes the parties agree that the courts shall have exclusive jurisdiction in relation to all matters in respect of these terms.

The parties shall continue to comply with, observe and perform all their obligations hereunder regardless of the nature of the dispute and notwithstanding the referral of the dispute for resolution under this clause and shall give effect forthwith to every recommendation of the mediator and/or the courts delivered under this clause.