Clear terms for running an exhibition with Exhibity.

1. Who these terms are for

These terms apply when an art society, club, group, collective or other art organisation accepts an invitation to use Exhibity. We call that body the organisation. An organisation's Art Organisation Administrator is the person or persons with overall responsibility for that organisation's use of Exhibity. An Art Exhibition Administrator is the person or persons responsible to the Art Organisation Administrator for the operation of a particular exhibition. These terms also apply, where relevant, to Art Organisation Administrators, Art Exhibition Administrators, artists and volunteer users.

The person accepting an invitation for an organisation must have authority to do so. The organisation decides who may use its exhibition record and which operational roles they hold.

2. What Exhibity provides

Exhibity helps an organisation keep one connected operational record from its Call to exhibit through Receiving, the Sales Desk, Collection and artist payout. Depending on the kind of exhibition, the organisation can use tracked artworks, record sales of untracked items such as cards, or omit stages it does not need.

Practice lets anyone rehearse the operational desks without an Exhibity account. It does not alter any organisation's live exhibition record and does not create an exhibition charge.

Exhibity records sales and the organisation's stated commission or other deductions. It does not take card payments, hold money, provide banking services, calculate tax, prepare statutory accounts, insure artworks or take physical custody of them. Payment remains with the organisation's external point-of-sale or other chosen method.

3. The organisation's responsibilities

• enter accurate exhibition dates, venues, entry rules, prices, commission arrangements and participating artists;
• decide which artworks are accepted, where they are displayed and how physical custody is managed;
• give each user an appropriate role and remove access that is no longer needed;
• keep sign-in details secure and report suspected unauthorised access promptly;
• check sales, corrections, payouts and the final exhibition record before relying on them;
• meet its own legal, accounting, tax, insurance and consumer obligations.

Artists are responsible for the information they submit about themselves and their work. The organisation remains responsible for the exhibition decisions made from that information.

4. Fees

Preparing an exhibition and using Practice are free. A Pop Up is charged at the fee advised from time to time. A Gallery-style exhibition is charged according to the published participating-artist bands. There is no exhibition fee unless a live exhibition records a qualifying sale.

If Exhibity agrees a different fee directly with an organisation, it will be confirmed before the exhibition goes live and locked for that exhibition.

The estimated fee is shown while the exhibition is being prepared and locked when it goes live. Later price changes do not alter that locked fee. Any invoice, credit or refund will follow the price and payment terms shown for that exhibition.

5. Availability and care

Exhibity will provide the service with reasonable care and skill and will take reasonable steps to protect its availability and records. Internet services occasionally require maintenance or are affected by events outside their operator's control, so uninterrupted access cannot be promised.

An organisation should report an urgent problem as soon as possible, particularly during Receiving, an open exhibition or Collection. Exhibity will give live exhibition problems appropriate priority.

Exhibity is run by a very small team — the founder together with a small number of regional support consultants (together, the Exhibity Team) — and support is provided on a reasonable, best-endeavours basis rather than as a round-the-clock service with guaranteed response times.

6. Corrections, complaints and redress

Exhibity will not rely on an automated refusal where a person needs a genuine problem reviewed. If the paid service has materially failed, Exhibity will investigate and, where appropriate, correct the record, restore access, provide practical support, correct an invoice or offer a proportionate credit or refund.

Further details are set out on the complaints and redress page. Nothing in these terms removes rights or liabilities that cannot lawfully be excluded.

7. Exhibition records and intellectual property

The organisation and artists keep their rights in the information and images they provide. They permit Exhibity to store, process and display that material only as needed to provide the service.

Exhibity owns its software, design, documentation and branding. Users may not copy, interfere with, reverse engineer or misuse the service, or use it to upload unlawful or harmful material.

8. Leaving Exhibity

An organisation may stop using Exhibity at any time. Before deletion, it should download the exhibition and financial records it needs to retain. Once an organisation closes its account, Exhibity keeps exhibition, sales, payout and audit records for 6 years to meet accounting, tax and dispute-handling obligations, then deletes them; see the Privacy Notice for the full retention schedule. Exhibity will give at least 30 days' notice before scheduled deletion where practical.

9. Changes and governing terms

Material changes will be explained before they take effect.

Exhibity.co.uk is operated by Colin Wood, trading as Exhibity.co.uk, of Unit 161724, PO Box 7169, Poole, BH15 9EL. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them, except where a user's own local law gives them additional rights that cannot be excluded.