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GetinArt Artists Programme Agreement

GetinArt Artists Programme Agreement

Version 1.0 - effective from the date of acceptance

This agreement governs the Artist's participation in the GetinArt Artists Programme and is accepted electronically upon registration.

Between the parties

PRiNKO S.r.l., registered office at Via Enrico Forlanini 84, 00012 Guidonia Montecelio (RM), Italy, VAT IT15234567890, owner of the GetinArt brand and platform (hereinafter "GetinArt" or the "Platform");

and

the Artist, natural or legal person identified by the data provided at registration (hereinafter the "Artist").

jointly the "Parties".

1.Definitions

  • Work / Design: the graphic, artistic or photographic file uploaded by the Artist to the Platform.
  • Product: the physical item (wallpaper, canvas, Fine Art print and similar) on which GetinArt reproduces the Work.
  • Net Sale Price: the price of the mere print of the Work actually collected by GetinArt, net of VAT, shipping, accessories, supports, discounts and promotions.
  • Royalty: the fee due to the Artist, calculated as a percentage of the Net Sale Price.
  • Programme: the GetinArt Artists Programme governed by this agreement.

2.Subject matter

Under this agreement the Artist joins the Programme and uploads to the Platform one or more Works so that GetinArt may reproduce them on Products and offer them for sale to the public, granting the Artist a Royalty on each completed sale. Joining the Programme is free of charge: there are no registration fees or entry commissions.

3.Admission and activation

The application is subject to review by GetinArt, which may approve, reject or request additional information at its sole discretion, without obligation to state reasons and without any rejection giving rise to compensation. The relationship begins upon approval of the application.

4.Licence (non-exclusive)

The Artist grants GetinArt a non-exclusive licence, valid for the entire term of the agreement, to reproduce, print, technically adapt for printing, publish, promote, distribute and sell the Works on the Products, including through appointed print suppliers (with the right to sublicense for production purposes only).

As the licence is non-exclusive, the Artist retains full ownership of the Works and remains free to use, assign or license them to third parties, including on other platforms. The licence is granted free of charge, the Artist's consideration consisting solely of the Royalties under article 6.

5.Warranties and intellectual property

The Artist represents and warrants that it is the original author of the uploaded Works and/or holds all rights necessary to license them, and that the Works do not infringe any intellectual property, industrial, image or other third-party rights, nor any legal provision. The Artist shall indemnify and hold GetinArt harmless from any claim, damage, cost or expense (including legal fees) arising from breach of these warranties.

6.Royalties

The Artist is entitled to a Royalty calculated as a percentage of the Net Sale Price of each Product reproducing one of its Works. The percentages currently in force, unless a different percentage is individually agreed with the Artist, are:

  • Wallpaper: 12%
  • Canvas: 15%
  • Fine Art prints: 13%

The applicable percentages are those published in the GetinArt area and may be updated under article 14. The Royalty accrues upon completion of the order and collection of the corresponding payment by GetinArt.

7.Returns, refunds and unpaid amounts

In the event of return, customer withdrawal, refund, order cancellation or non-collection (including chargebacks), the Royalty relating to that sale is not due; if already credited, it is reversed and offset against the Artist's accrued or future credits.

8.Payments

Accrued Royalties are settled monthly, within 30 days from the end of each month, via the method indicated by the Artist (PayPal or bank transfer). A minimum payment threshold of €25.00 applies: if the monthly amount is lower, it accumulates and is paid once the threshold is reached. The Artist is responsible for the accuracy and updating of the payment details; any costs arising from incorrect data are borne by the Artist.

9.Tax regime - copyright

Royalties constitute consideration for the economic use of an intellectual work under articles 2575 et seq. of the Italian Civil Code and Law no. 633 of 22 April 1941. A withholding tax with the flat-rate deduction provided by the applicable law is applied, depending on the Artist's status and age. The Artist provides the necessary tax data (tax code and, where applicable, further data) and promptly notifies any change. For non-resident Artists, double taxation treaties apply where the relevant conditions and documentation are met.

10.Quality standards and moderation

The Works must comply with the technical file requirements published by GetinArt (formats, resolution, colour). GetinArt may refuse, not publish, suspend or remove at any time Works that are non-compliant, of inadequate quality, subject to complaint, or deemed to infringe third-party rights or the brand's image, at its reasonable discretion, without any right to compensation.

11.Use of name and promotion

The Artist authorises GetinArt to use its artist name, biography and images of the Works to promote the Programme, the Products and the Platform on any channel (website, newsletter, social media, advertising materials), for the term of the agreement and to the extent necessary for such purposes.

12.Personal data

PRiNKO S.r.l. processes the Artist's personal data as data controller, pursuant to Reg. (EU) 2016/679 (GDPR) and applicable law, to manage the relationship and related obligations. Processing methods and data-subject rights are described in the Privacy Policy.

13.Term and withdrawal

The agreement is for an indefinite term. Either Party may withdraw at any time with 90 days' notice, given by email. GetinArt may terminate the agreement with immediate effect in case of serious breach by the Artist (by way of example: plagiarism, infringement of third-party rights, provision of false data). Upon termination, the licence ceases for new productions; orders already completed or being fulfilled remain valid and Royalties accrued up to the effective termination date are settled under article 8.

14.Amendments

GetinArt may amend the terms of this agreement and the Royalty percentages with 30 days' notice, given by email or through the artist area. New percentages apply only to sales made after they come into force. Continued participation in the Programme after the amendments take effect constitutes acceptance thereof; otherwise, the Artist may withdraw under article 13.

15.Limitation of liability

GetinArt does not guarantee any minimum sales volume or economic result. To the extent permitted by law, GetinArt's liability for lost profits, loss of opportunity or indirect damages is excluded. Liability for wilful misconduct or gross negligence and for damages that cannot be excluded by law remains unaffected.

16.Governing law and jurisdiction

This agreement is governed by Italian law. Any dispute concerning its validity, interpretation, performance or termination shall be subject to the exclusive jurisdiction of the Court of Tivoli (RM), Italy, save for the mandatory jurisdiction of the consumer's court, where applicable to an Artist qualifying as a consumer.

Acceptance

This agreement is accepted by ticking the relevant box in the registration form. Such electronic acceptance is equivalent, for all legal purposes, to signing the agreement and makes it binding between the Parties. Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Artist specifically approves the clauses under articles 4 (Licence), 6 (Royalties), 7 (Returns and unpaid amounts), 10 (Moderation), 13 (Term and withdrawal), 14 (Amendments), 15 (Limitation of liability) and 16 (Jurisdiction).

This document is drafted in Italian, which is the authoritative version; any translation is provided for information purposes only.