Artists Service Agreement (Draft)
BONOTEE is a United Arab Emirates based artistic e-commerce marketplace to spread middle eastern arts, creativity, and culture to the whole world. We want everyone in the world see our inner peace and glory in the heart of the world. We have gathered artist from all over middle east to make BONOTEE an online destination for middle east arts.
To make this online destination for creativity available, it is essential all BONOTEE users respect the intellectual property rights of others, including copyright and trademarks. You must only upload content you have created yourself and have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright and trademarks of all the works you see or buy on BONOTEE. Respecting other people’s intellectual property is an essential principle of our community.
As an Artist, listing and selling your arts on BONOTEE marketplace, attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through BONOTEE.
It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website. You wish to use BONOTEE’s services to facilitate marketing and sale of your art on a physical product and to arrange for manufacture of the physical product ("your product") once an order has been made through www.BONOTEE.com ("the website"). BONOTEE will provide these services on the terms set out in this Services Agreement. Additionally, BONOTEE will provide for delivery of such products to the customer.
This Artist Service Agreement (the “AGREEMENT”) is entered into effective this date (dd/mm/yy) between ………………….…. (“ARTIST”, “you”, “your”, “Seller”, “Artist”) with below contact details:
Mobile Number: …………......………………….….
WhatsApp Number: …………………………….….
Email Address: ………………........…………….….
Bank Account Information / USDT TRC20 Address / Paypal Address : …………........................................................……
& BONOTEE.com (“website”, “BONOTEE”, “BONOTEE.com”, “We”, “Us”) legally represented in United Arab Emirates by Niaar General Trading LLC with physical Office Address at office 1909, Office Tower, The H Hotel, Sheikh Zayed Road, Makani Code 27466 91529, Dubai, United Arab Emirates, Tel: (+971) 50 8580255 email address : firstname.lastname@example.org . All references to the BONOTEE in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable laws of United Arab Emirates.
1.1 BONOTEE, acting as independent contractor under your instructions in relation to the performance of marketplace services, will market to and obtain orders from customers for the purchase of your products over the website. BONOTEE will arrange for third parties to fulfil those orders by facilitating payment for manufacture of your products (“Services”),if required. BONOTEE will then arrange for the delivery of your products as per the customer’s instructions. Whilst BONOTEE’s capacity is one of independent contractors in relation to the Services, it acts your agent specifically in relation to the sales transaction between you and the customer who buys your product – see further clause 5.2 below.
1.2 BONOTEE will provide the Services pursuant to this agreement until termination in accordance with its terms. After termination of this Agreement, Bonotee will remove the products associated with the artist from their shop and terminate/deactivate their shop. BONOTEE commits not to commercially use those designs which are eliminated and return non sold physical prefabricated hand crafts / art pieces to their creator/ owner, not later than one month after termination.
1.3 You agree that BONOTEE is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is similar to your products.
1.4 You may choose to sell your physical prefabricated artistic hand crafts/ products/arts via BONOTEE ‘s website. In this case, you need to send picture of your products /designs to BONOTEE‘s email address. After receiving written confirmation from us, you need to send all the items that you need to list in website to BONOTEE’s office and make it available with BONOTEE. After receiving the items, BONOTEE will permit you to list and sell your items in your personal portal.
- License and standing instructions
2.1 You grant BONOTEE three-year exclusive royalty free license to use your intellectual property relating to print on demand products (refer to 3.1 in this agreement) for the purpose of enabling us to carry out the Services.
2.2 You hereby instruct BONOTEE to facilitate the sale of your product which includes payment, processing and arranging for manufacturing your product (s) in respect of the orders placed by the customers via the website and BONOTEE will facilitate such payment, and manufacturing in accordance with reasonable business practices unless you otherwise instruct prior to the placement of that order by a customer.
- Sale of your products
3.1 We have two categories of products:
- Print on Demand Products: products that we receive designs / paintings / drawings from Artists, and we print them on wearables or accessories via third party company and send to Customer.
- Art Crafts: Art crafts/ Hand made Items/ prefabricated Items which are made or made and customized on demand by Artists and sent to us, and then we deliver to clients after selling the items. Neither We nor our subsidiaries / third party companies do not engage on these products manufacturing or production.
3.2 The retail price charged to customers who purchase your product is made up of the manufacturing fee charged by the third party manufacturer(for Print on Demand Products(, BONOTEE’s fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and BONOTEE’s fee are referred to collectively, and inclusive of value added tax and physical products custom duty , as the “base amount”), your creator margin (“your margin”), and any relevant sales tax (such as Sales Tax, VAT, etc) that BONOTEE and / or you (as the case may be) are liable to account for to the appropriate tax authorities. Shipping charges will also be added to the retail price. For products that are being made by BONOTEE or BONOTEE's third party suppliers/ manufacturers and you only provide design to BONOTEE, your margin percentage is 20% of the sold product price. For Art Crafts / prefabricated accessories and crafts made by Artists, your margin percentage is 65% of the sold product price.
This fee does not include shipping charge and transaction fee that is applied by the payment gateways such as: credit card payment gateways, PayPal and Apple Pay. All fees are in United States Dollars (USD).
3.3 We may change the base amount at any time without specific notice to you and this will affect the dollar value of your margin, which is calculated as a percentage of the base amount (e.g. if we increase our base amount, your margin will also increase). The retail price will not change on an individual sale after a customer has submitted an order to the website.
3.4 BONOTEE will send you an email to the email address you registered in your account to notify you when an order has been placed for your products. You will also be notified in your artist’s seller portal.
3.5 You agree that BONOTEE makes no representation that it will be able to procure an order for your products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.
- Service Fee
Access to a seller/ artist portal account and seller functions is also free. BONOTEE requires sellers to maintain at least five designs in their shops.
- Payment terms
5.1 You authorize BONOTEE to collect, hold and distribute the retail price (“sale proceeds”) from customers on the terms set out in this clause 3. BONOTEE will also charge the customer for the shipping which will be retained by us and not affect the amount to be distributed to you.
5.2 You authorize BONOTEE to deduct the base amount (which includes BONOTEE’s margin for facilitation services, including value added tax VAT and payment processing fee) from the sales proceeds for your products before distributing your margin
5.3 We will pay your margin in accordance with the payment method you select on the website. BONOTEE will release the financial statement for each artist individually via email at end of each month. 4-6 weeks after releasing the statement report, BONOTEE will pay your margin balance in accordance to the statement report.
5.4 We may set payment amount threshold amounts in relation to a month or other time period - and where the payment amount does not exceed any applicable threshold for the relevant period, BONOTEE may elect to postpone your payment until the threshold is exceeded.
5.5 It is your responsibility to ensure BONOTEE has current details of your postal address and bank account details. BONOTEE will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified BONOTEE of any amendment to the payment method details in that time your margin proceeds will be forfeited to BONOTEE or donated to a charity of our choice.
- Taxation responsibility
6.1 Except as required otherwise by applicable United Arab Emirates Federal taxation Laws and Regulations:
- (a) Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include Sales Tax, VAT, GST and other transactional taxes;
- (b) BONOTEE will not collect or pay taxes on your behalf as BONOTEE is merely acting as an agent in facilitating the sale of your product to the customers. As stated in clause 5.2 of this Agreement, the amounts distributed to you will be deemed to be inclusive of any taxes, if applicable in your country. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your products together with any potential interest or penalties that any tax authority of your country may levy as a result of non-compliance. If you are registered for VAT in the EU, BONOTEE may, upon your request, provide you with a VAT invoice for any charges levied by us; and
- (c) all tax-related reporting responsibilities by you to relevant tax authorities in your own country are entirely your responsibility.(ex. Income tax,… )
6.2 If you have an Australian Business Number (ABN) or Value Added Tax (VAT) you may submit your ABN or VAT to the website where requested. If you do not have an ABN or VAT, or if you elect not to submit your ABN or VAT to the website, you will be required to provide more information about the circumstances under which you are offering your products for sale on the website, including whether any of the Australian Taxation Office (ATO) or appropriate tax authority exemptions apply to you.
7.1 You hereby agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
- your breach of any clause of this agreement;
- any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your activities in connection with the website.
- This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
- Limitation of liability
8.1 In no case will BONOTEE be liable for any consequential loss or damage suffered by you arising from this Services Agreement.
- Terminating this agreement
9.1 You can give notice of termination of this Services Agreement by closing your account in the method described in the User terms and condition Agreement in our website.
9.2 BONOTEE may give notice of termination of this Services Agreement to you in writing at any time.
9.3 After notice of termination in the manner described in either clause 9.1 or 9.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.
9.4 Upon termination of this Services Agreement by either party, BONOTEE will pay you any accrued member margin proceeds from your account, less a US$5 administration fee.
Our success as a company is measured by the success, growth, and happiness of our artists and our customers. We have a vested interest in supporting you for years to come.
Thank you for the time and the opportunity to work with you.