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General terms and conditions

GENERAL TERMS AND CONDITIONS

1. General
2. Certifications
3. Reviews
4. Assignment
5. Register
6. Certificate
7. Hallmark
8. Committee of Certification
9. Privacy
10. Fees
11. Liability, suggestions, complaints
12. Other stipulations.

1. General
A. The International Institute for Artist Accreditation (hereinafter referred to as ‘the Institute’) has these tasks:
a. to review visual artists, their work or their activities against definite, largely objective criteria,
b. to inform the artists of the results of the review,
c. in the case of a positive result of the review, to provide the artist concerned, if he or she so wishes, with one or more certificates confirming the positive result of the review,
d. in case of a positive result of the review, to include the artist concerned in a register of certified artists.
B. Artists who wish to be reviewed by the Institute and their legal representatives accept these General Terms and Conditions fully and unconditionally.

2. Certifications
A. The Institute has three different reviews leading to three different certifications.
B. There are two generic certifications: Certified Artist (CA) and International Certified Artist (ICA) and there is a specific certification: Certified Tutor of Art (CTA).
C. In case a review has a positive result, the artist in question will be certified according to the certification belonging to the review.
D. Each certification is personal and in the name of the certified person. The certification is non-transferable and not exchangeable for another certification.

3. Reviews
A. Reviews take place on the basis of largely or completely objective criteria.
B. The criteria that apply to a review are listed in detail on the website of the Institute at the time of the review in question.
C. Artists can only be reviewed when they are alive.
D. If a review has a negative result, the applicant will be informed of this with a reason for the negative result.
E. In case a review has a negative result, the applicant is entitled to apply for a new, revised or completed review.
F. Correspondence about the result of a review is not possible.

4. Assignment
A. Artists and their legal representatives may commission review. It is not permitted to commission the Institute to review third parties.
B. Application for a review must be made using a form that is available on the Institute’s website.
C. There are three different forms for the three different reviews.
D. The client will receive a confirmation of receipt of the assignment after the assignment has been issued.

5. Register
A. In case a review has a positive result, the artist in question will be included in the register of Certified Artists.
B. In the register, the name shall be accompanied, inter alia, by the place of residence and the type of certification.
C. The register is part of the website of the Institute.
D. Inclusion in the register is free of charge.
E. The register is accessible to everyone.
F. If the artist concerned or his or her authorized representative wishes to change the entry in the register, e.g. to change the domain name or place name, the desired change can be communicated to the Institute by e-mail (info@artistaccreditation.com). The modification will take place within 14 days. There are no costs associated with the modification.
G. The entry of a certified artist shall be removed from the register upon the first written request of the certified artist or his or her legal representative within ten working days.
H. After becoming aware of the decease of a certified artist, the entry in the register will be deleted.
I. No fees shall be charged for the removal of an entry from the register, nor shall any fees paid be refunded.
J. Removal from the register will take place when it is established that certification has taken place on incorrect grounds.
K. Removal from the register will take place when a court decides that removal must take place. In this case, a copy of the court’s ruling showing the decision is required.
L. Removal from the register will take place if it appears that a certified artist has deliberately misused his or her certification, for example to attribute characteristics to the certification that are incorrect.
M. Removal from the register will take place after the period of validity of the certification has expired.

6. Certificate
A. If desired, an artist with a positive result of the review will receive one or more certificates confirming the positive result of the review.
B. Certificates will be issued by post.
C. The issue of certificates is subject to fees. The fees are stated on the application form for the review.

7. Hallmark
A. Each certification is accompanied by a hallmark.
B. The Institute reserves the right to issue the hallmarks associated with the certifications.
C. Certified artists are free to use the hallmark belonging to their certification where they consider this desirable.
D. Certified artists may indicate with two or three capital letters belonging to their certification that they are certified. The capital letters are mentioned after the name.
For certification as a Certified Artist the capital letters CA, for certification as an International Certified Artist the capital letters ICA and for certification as a Certified Tutor or Art the capital letters CTA.
E. Certified Artists may allow third parties to mention the hallmark assigned to them, provided that the hallmark is mentioned in combination with their names.
F. Third parties may use the hallmarks issued by the Institute, provided this is done in a way that excludes misconceptions about the hallmarks.
G. Misuse of any hallmark issued by the Institute will be prosecuted.

8. Committee of Certification
A. Committee of Certification may be involved in generic reviews.
B. Members of the Committee of Certification are independent persons professionally involved in the visual arts, including museum directors, gallery owners and curators.
C. The Committee of Certification consists of eight to ten members.
D. Members shall remain members for a maximum of five consecutive years.
E. Members of the Committee of Certification have the task, if desired, to review the work of artists who have themselves reviewed in order to be certified.
F. If the Committee of Certification is involved, it will be five members.
G. Each member assesses the work on personal grounds. The question that has to be answered is ‘to what extent is the work of the artist regarded as qualitative and authentic?’
H. The members involved in the review shall each give their opinion in writing on the works submitted.
I. Each opinion is either positive or negative. A member cannot have a neutral opinion, nor can a member refrain from expressing an opinion.
J. The final opinion on the work is positive if at least three of the five members involved in the review have a positive opinion.

9. Privacy
A. By providing personal data to the Institute, explicit permission is given to process the personal data provided in line with this privacy statement.
B. The staff member responsible for processing and storing the data provided can be contacted at info@artistaccreditation.com.
C. For the purposes of reviewing for certification, all information made available shall be stored for a maximum period of six months.
D. The Institute shall use the information made available only for the purposes specified and for correspondence relating thereto.
E. Recording of relevant information in the register of certified artists and recording of relevant information on certificates is done at the express request of the certified person or his authorized representative.
F. The data as shown in the register as well as the e-mail correspondence will be kept during the period of certification and for a maximum of 1 year thereafter. These data will be used when the Institute considers correspondence with the artists concerned desirable.
G. The Institute uses the names and e-mail addresses of the certified artists to inform them by e-mail about the duration of the certification period and sporadically about activities and services that are considered important for the certified artists. Unsubscribing from these messages is possible at any time via the unsubscribe link at the bottom of each message.
H. In order to protect personal data, the Institute has taken appropriate technical and organizational measures.
I. In order to view, receive, modify or delete personal data stored by the Institute, a request by e-mail from the person in question or his or her authorized representative is sufficient. The Institute will process the request and inform the person in question within thirty days of receipt.
J. In the event of a complaint concerning the way in which the Institute processes personal data or in the event of any other complaint concerning the handling of privacy, the staff member responsible for processing and storing the data provided may be contacted.

10. Fees
A. There are costs associated with reviewing for certification and certification itself.
B. The fees are listed on the website of the Institute with the forms with which the reviews can be requested.
C. No fee is payable for the use of a certification.
D. There is a charge for issuing certificates.
E. The fees for issuing one or more certificates have been indicated in the various reviews.
F. Fees for a review and one or more certificates must be paid at the same time as the application for the review.
G. If a review does not lead to certification, part of the fees paid will be refunded. The amount to be refunded will be stated at the time of the review in question.

11. Liability, suggestions, complaints
A. The Institute is open to suggestions that could improve its services.
B. Despite the careful working methods and the care taken to comply with the applicable procedures, it is possible that a mistake or error is made. Complaints made in writing about alleged omissions of the Institute will be dealt with up to four weeks after the omission. A timely written complaint will always be responded to within two weeks.
C. Despite the care that the Institute devotes to the management of its website, it is possible that the information provided and/or displayed is incomplete or incorrect. Errors in the information published by the Institute, of whatever nature, cannot be charged to the Institute and can in no way constitute an obligation on the part of the Institute. However, the Institute will endeavor to correct any incompleteness or error as soon as possible.
D. The Institute and the third parties it engages are not liable for any damage, direct and/or indirect, arising from or in any other way related to the intent, care, execution and granting of the certifications.
E. In the event of differences of opinion and complaints, the Institute must be declared defective. Under no circumstances shall persons be liable for the Institute’s actions.
F. The liability is in all cases limited to two thousand euros.

12. Other stipulations.
A. The Institute declares that it will not engage in any business activities that could jeopardize the objectivity of the reviews.
B. The provisions set out in these General Terms and Conditions may be changed at any time without further notice. Arrangements made for adaptation remain in force with the conditions applicable for the adaptation.
C. This version of the General Terms and Conditions is effective as of 1 December 2019. The Dutch version of the General Terms and Conditions will apply. Translations serve as a guide for those who do not speak the Dutch language.
D. In cases of differences of opinion concerning the interpretation of what is laid down in these General Terms and Conditions, the opinion of the Institute shall be decisive.
E. In cases not provided for in these General Terms and Conditions, the Institute will judge and act reasonably.
F. These General Terms and Conditions are governed by Dutch law.