Question 1

TERM'S & CONDITION'S

Accepted Answer

You (“the Customer”) appoint ©Mr Daniel M. Fisher (“the Supplier”) to provide Goods and/or Services in accordance with the description given in the order form (the “Specification”). The Customer accepts such appointment upon the Terms contained in this agreement.

The Supplier shall have the right to decline to accept any Orders placed for Products.

The quantity, quality and description of the Goods and/or Services shall be as set out in the Specification. The Customer is responsible for ensuring that the Specification meets all the requirements of the Customer prior to placing any order.

The Supplier may at any time without prior notice make any changes to the Goods and/or Services which are required by any applicable statutory or EU requirements or which do not materially affect the quality or performance of the Goods and/or Services.
 
The Customer shall be responsible for the accuracy of an Order and for giving the Supplier any information necessary for the Supplier to fulfil the Order.

Upon placing an Order, the Customer has offered to purchase Products from the Supplier. No act performed by the Supplier will constitute formation of a contract until an item is dispatched to the Customer.

The Supplier will, however, confirm the placement of an Order by sending the Customer an email to the designated email address given by the Customer upon placement of the Order.

To make a Complaint you can Contact the Competition and Markets Authority
The Cabot
25 Cabot Square
London
E14 4QZ
United Kingdom

Email: general.enquiries@cma.gov.uk

Telephone: 020 3738 6000

The Price of Products and the cost of delivery of those Products shall be those ruling at the date the Products are purchased as set out on the Web Site.

Time for payment shall be of the essence and shall be made via the Web Site at the time of placing the Order.

No Orders will be dispatched until full payment of the price stated and any other charges is made in full to the Supplier.

Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.

VAT is payable in addition to the Price by the Customer at the rate prevailing on the date of the invoice.

The amount of relevant VAT shall be set out on the Web Site at the time at which the Order is confirmed.

Should the Customer fail to make any payment in full to the Supplier due to the Supplier under this agreement, interest may be charged on the outstanding amount.  Such interest shall accrue daily starting at the Due Date until the date of payment, whether before or after judgment or other Court order.

The details and specifications on our website, brochures, and price lists are intended as a guide and provide a general approximation of our products. Customers should not rely solely on these details unless they have obtained written confirmation from us regarding their accuracy. We reserve the right to make changes to the product specifications as required by law, safety requirements, or manufacturing needs, provided these changes do not adversely affect the quality or performance of the products.

The Partners for the required Delivery of said items will be the ®Post Office www.postoffice.co.uk, ®Royal Mail www.royalmail.com and ®Parcelforce www.parcelforce.com, which give the best services in the United Kingdom.

The Supplier will use reasonable commercial endeavours to deliver the Products by any time or date agreed with the Customer and in the quantities required by the Customer, but time and delivery shall not be of the essence of any Contract for the supply of the Products and in the event of the Supplier’s failure to meet such date for any reason, the Supplier shall not be liable for any loss or damage suffered by the Customer as a result, nor shall this constitute a breach or repudiation of these Conditions.

The Supplier shall not be required to fulfil Orders for Products in the sequence that they are placed.

The Postage charges shall be borne by the Customer, with the additional option to Purchase Insurance for the transit of the item/s.

The Supplier will make all reasonable attempts to deliver the Products to the Customer’s address on the delivery date.  The Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.

The Supplier agrees to attempt Despatch within the legally required period of 3 to 5 days, whilst the delivery date and time is predicted according to the Partner in question and is set by operational prerequisites.

If the Customer refuses to take delivery of any Products, then the Supplier shall be entitled to withhold delivery of any other Products and to treat this Contract as repudiated by the Customer.

Unless previously agreed in writing, any dates quoted for delivery of the Products are approximate only. The Supplier shall not be liable for any delay in delivery of the Products however caused.  Time for delivery shall not be of the essence unless previously agreed in writing by the Supplier.  On giving reasonable notice to the Customer, the Products may be delivered to the Customer in advance of the quoted delivery date.

If the Supplier is to deliver the Goods [to an address in the United Kingdom], Supplier’s charges for transport, packaging and insurance (including VAT on such charges) will be paid for by the Customer as set out on the Web Site  [Responsibility for charges for deliveries to addresses outside the United Kingdom may vary and will be subject to agreement between the parties at the time the Customer places an Order.]

Only when the Supplier has received payment in full will title to the Goods pass to the Customer.  All risk of loss or damage to the Goods shall pass to the Customer on delivery.

Unless previously agreed in writing, any dates quoted for delivery of the Goods and/or Services are approximate only. The Supplier shall not be liable for any delay in delivery of the Goods and/or Services however caused.  Time for delivery shall not be of the essence unless previously agreed in writing by the Supplier.  On giving reasonable notice to the Customer, the Goods and/or Services may be delivered to the Customer in advance of the quoted delivery date.

If the Supplier is to deliver the Goods [to an address in the United Kingdom], Supplier’s charges for transport, packaging and insurance (including VAT on such charges) will be paid for by the Supplier save where the Supplier is prevented from delivering the Goods due to an act or omission of the Customer when any additional expense incurred by the Supplier (including any VAT thereon) shall be borne by the Customer and paid within 7 days of receipt of an invoice for the same from the Supplier.  [Responsibility for charges for deliveries to addresses outside the United Kingdom may vary and will be subject to agreement between the parties at the time the Customer places an order.]

Only when the Supplier has received payment in full will title to the Goods pass to the Customer.  All risk of loss or damage to the Goods shall pass to the Customer on delivery.

Until title in the Goods passes, the Customer shall:

hold the Goods as bailee for Supplier, take all proper care and reasonable steps to prevent any damage to or deterioration of the Good's.

store or keep the Goods separately from all other goods to show clearly that they belong to Supplier.

not sell, hire, rent, or part with possession of the Goods.

keep the Goods free from any mortgage, charge, lien, or other encumbrance.

Despite the prior clauses the Supplier may:

bring an action against the Customer for the price of the Goods and/or Services if the Customer fails to pay for them in full by the Due Date, even though property in the Goods has not passed to the Customer.

by notice in writing to the Customer at any time after delivery pass property in the Goods to the Customer as from the date of such notice.

The Supplier will replace free of charge any Products in which risk has passed to the Customer if they are damaged or lost due to the neglect or default of the Supplier, its employees or other representative.

In any event the Customer is entitled to a statutory period in which to return the Products even if they are not defective.  The right to cancel any Order arises seven days after the Customer receives the Products.

The Customer must inform the Supplier by email to dpo@allseasonsartstudio.org giving the Order number.

The Customer will be responsible for the cost of returning the goods to the Supplier.

Other than for repairs and refurbishments carried out by the Supplier, the Supplier warrants that the Products will be free from defects in materials and/or workmanship for a period of twelve months from delivery of Products to the Customer.

If any Products prove to be defective and are covered by the warranty in clause 8.1 above, then the Supplier shall at its sole option either repair or replace or re-perform such Products.

Any work carried out by the Supplier which is not covered by the warranty will be charged for.

The Customer agrees that the repair and/or replacement shall be the Customers sole remedy in respect of claims under the warranty.

The Supplier agrees that it will repair or replace defective Products within a reasonable time of being notified by the Customer of the defect.

The warranty in the clause above will not apply if the Customer has not paid in full for the relevant Products on the due date for payment.

If the Customer notifies a defect in the Products to the Supplier, then: -

The Supplier reserves the right to inspect the Products; and/or

To require the Customer to return the defective Products to the Supplier for inspection at the Customer’s cost and if the Products shall prove to be defective then the Supplier shall reimburse the Customer for the cost of returning the defective Products.

The Supplier shall have no liability to the Customer if the Price for the Products has not been paid in full by the due date for payment.

The Supplier shall have no liability to the Customer for defective Products, Products not dispatched, or Products damaged or lost in transit unless the event is notified to the Supplier within the appropriate time limit set out in this Contract.

The Supplier shall have no liability for damage, loss, liability, claims, costs, or expenses caused or contributed to by the continued use of defective Products after a defect has become apparent or suspected or should become apparent to the user.

The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no liability to the Customer.

The Supplier shall have no liability to the Customer for any consequential, financial, economic, or other loss (including loss of profits and/or damage to goodwill).

The Customer shall be under a duty to mitigate any loss, damage, costs, or expenses that it may suffer.

The Supplier’s liability to the Customer shall not exceed the Price.

Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply separately for each of:

liability for breach of Contract; and

liability in tort (including negligence); and

breach of statutory duty; except this clause which shall apply once only in respect of all the said types of liability.

Nothing in this Contract shall exclude or limit the liability of the Supplier for death or personal injury due to negligence or any liability which is due to fraud or any other liability which it is not permitted to exclude or limit as a matter of law.

The limitations in this Contract are necessary to allow the Supplier to provide the Products at its current Prices.

The Customer warrants that any person acting on behalf of the Customer to place an Order is duly authorized by the Customer to do so.

The Customer warrants that it has the right to place any Order with the Supplier and that there is no encumbrance which will prevent the Supplier from performing any Contract and/or fulfilling any Order.

Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.

The Supplier warrants and represents to the Customer that:
​
it will perform its obligations under these Terms with all due skill, care, and diligence; and

in performing its obligations under these Terms, it will comply with all Applicable Laws.

Neither party shall be liable to the other (whether in contract, tort, including negligence and breach of duty, or otherwise at law) for any:

indirect or consequential loss; or

loss of profits, revenue, or goodwill of the other party.

Neither party excludes their liability for death or personal injury if caused by their own negligence.

If the Customer requires greater protection, then the Supplier will agree to modify the limitations and extend its guarantees in return for the payment of a higher Price for the Products, just Email: dpo@allseasonsartstudio.org

Either party may terminate these Terms immediately by notice in writing if the other party:

commits a material breach of any of the Terms and, if such breach is capable of being remedied, fails to remedy the breach within 30 days of receiving notice from the terminating party specifying the breach and requiring the breach to be remedied.

enters liquidation whether compulsorily or voluntarily (otherwise than for the purposes of a solvent amalgamation or reconstruction).

becomes insolvent.

ceases or threatens to cease to carry on business.

compounds or makes any voluntary arrangement with its creditors.

is the subject of a notice of appointment of an administrator, or a notice of intention to appoint an administrator or liquidator.

is unable to pay its debts as they fall due.

has an encumbrancer take possession of, or a receiver or administrative receiver appointed over, all or any part of its assets; or

takes or suffers any similar action due to debt,
​
or if the equivalent of any of the events described in the previous clauses inclusive under the law of any authority occurring in relation to the other party.
​
The expiry or termination of these Terms for any reason shall not affect any rights and/or obligations:

accrued before the date of termination or expiry; or

expressed or intended to continue in force after and despite expiry or termination.

On termination of these Terms (for a breach by the Customer) any outstanding or un-invoiced Price shall become immediately payable.

On termination of these Terms (for a breach by the Supplier) the Customer may receive a refund of all Prices paid to date.

Question 2

CONSUMER CREDIT

Accepted Answer

The Customer agrees to pay the Price for the Goods and/or Services within twenty-eight calendar days between invoice and receipt (the “Due Date”) unless there is a genuine dispute between the parties as to the Price which the Customer has notified to the Supplier in writing.  The Supplier may send an invoice to the Customer prior to commencing supply of the Goods and/or Services.

No VAT is payable in addition on the Price by the Customer at the rate prevailing on the date of the invoice.  The amount of relevant VAT shall be stated in the invoice.

Should the Customer fail to make payment in full on the Due Date under this agreement, interest may be charged on the outstanding amount.  Such interest shall accrue daily at the standard rate above the base rate of i.e. TSB Bank from time to time from the Due Date until the date of payment, whether before or after judgment or other Court order.

If there is any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier, it may give written notice to the Customer at any time before delivery to increase the Price of the Goods and/or Services.  The Customer shall then be entitled to cancel any relevant order by notifying the Supplier in writing.

All amounts due under these Terms shall be paid in full without any deduction or withholding other than as required by law. Neither party may justify withholding payment of any such amount in whole or in part to assert any credit, set off, or counterclaim against the other party.

This agreement has been duly summarized between ©Mr Daniel M. Fisher of ®All Seasons Art Studio: 39 Brent Field Circle, Ellon, Aberdeenshire, Scotland. AB41 9DA United Kingdom, otherwise known as the “Creditor”.
​
The “Guarantor:”
(“PayPal UK Ltd”)
5 Fleet Place,
London,
England.
EC4M 7RD
United Kingdom 
​
https://www.paypal.com/uk/cshelp/article/questions-about-pay-in-3-applications-HELP464
​
and (“The Customer”) of ®All Seasons Art Studio otherwise known as the “Debtor”.

WHEREAS
​
The Creditor agrees to supply goods from time to time on credit to the Debtor.

The Guarantor agrees to guarantee the due payment on demand of all monies at any time due and owing to the Creditor by the Debtor (“the Guaranteed Liabilities”).

SIGNED by Daniel Fisher® of ®All Seasons Art Studio at 39 Brent Field Circle, Ellon, Aberdeenshire, Scotland. AB41 9DA United Kingdom. dpo@allseasonsartstudio.org

IT IS AGREED

In consideration of the Creditor agreeing to allow credit to supply goods from time to time to the Debtor, the Guarantor guarantees as a continuing guarantee, the prompt payment on demand of the Guaranteed Liabilities.

The Guarantor agrees to pay the Creditor on the basis together with all legal and other costs and expenses (on a full indemnity basis) arising out of or in connection with this guarantee.

The Guarantor’s liability will be a primary liability and is additional to and independent of any other security or guarantee held by the Creditor and the Creditor will not be required before claiming payment from the Guarantor to seek to enforce any other right or security or to avail itself of any legal remedies which it may have against the Debtor or any other person.

The Guarantor agrees to accept that liability shall not be affected by any extension of time or other forbearance granted to the Debtor or the release or modification of any security or the release of any guarantor whether or not notice shall be given to the Guarantor or by the neglect or failure of the Creditor to take any action with respect to any security, right, obligation, endorsement or guarantee which it may at any time hold or by any change by the borrower in the former manner of doing business whether by incorporation, merger partnership formation or otherwise.

The Guarantor undertakes that in the event of the Debtor becoming bankrupt or entering into liquidation, either compulsorily or voluntarily, and the trustee in such bankruptcy or liquidator disclaiming this Agreement, or in the event of the Debtor being dissolved or ceasing to exist or in the event of failure for any reason of the Debtor being in breach of such agreements, stipulations and conditions contained herein, that it shall not affect or determine the liability of the Guarantor.

The Guarantor acknowledges that this guarantee shall not be revoked by his death or any forbearance from the Creditor nor his heirs, successors, or assigns.

Any notice or demand will be deemed to be served if given personally or left at or sent by registered post or recorded delivery to the party on whom it is intended to be served at its registered office or at its last known address and shall be deemed to have been served 48 hours after the date of posting.

United Kingdom laws shall apply to this guarantee.

To make a Complaint you can Contact the Financial Ombudsman Service at:

South Quay Plaza
183 Marsh Wall
London
E14 9SR

Tel: 0800 023 4567

Web: www.financial-ombudsman.org.uk

Question 3

PRIVACY DISCLOSURE

Accepted Answer

®All Seasons Art Studio uses a range of WIX www.wix.com, Microsoft www.microsoft.com, and Google policies.google.com services that help millions of people daily to explore and interact with the world in new ways, which include services such as apps, sites and devices, search, or platforms such as the Chrome or Bing browser and the Android operating system. This includes products that are integrated into third-party apps and sites, like ads, analytics, and embedded maps.

When you share your information over these services you have control over how and what you share. For example, you can share videos on social media publicly or you can decide to keep your content private. Remember, when you share information publicly, your content may become accessible through search engines like Google Search. Or when you’re signed into and interact with some services, like leaving comments on a video or reviewing an app in Play, your name and photo appear next to your activity.

To measure performance technology companies, use this data for analytics and measurement to understand how services are used for example, to analyse data about your visits to our sites and do things like optimize product design. Google also uses data about the ads which you interact with including your related Google Search activity, for example to help advertisers understand the performance of their ad campaigns, using a variety of tools to do this, including Analytics. When you visit sites or use apps that use Analytics, the customer may choose to enable the service to link information about your activity from that site or app with activity from other sites or apps that use ad services.

Ads/Analytics
doubleclick.net
google-analytics.com
googletagmanager.com
sentry-cdn.com

Social/Media
google.co.uk
bing.com
wix.com

Shopping/E-Commerce
wixapps.net

Other
static.parastorage.com

The information that is collected includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including operator name and phone number and application version number. But also collect information about the interaction of your apps, browsers, and devices with services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request.

Big Tech collects this information about your activity in their services which are used to do things like recommend a video that you might like, some of the information that is collected may include:

Terms that you search for,
Videos that you watch,
Views and interactions with content and ads,
Your Internet Protocol (IP) address,

WIX, Microsoft www.microsoft.com/en-gb/digitalsafety, & Google, all use various technologies to collect and store this information, including cookies, pixel tags, local storage, such as browser web storage or application data caches, databases, and server logs.

Communicating with you using the information that is collected such as your email address, to interact with you directly. For example, they may send you a notification if they detect suspicious activity, such as an attempt to sign in to your Google Account from an unusual location. Or may let you know about upcoming changes or improvements to their services. And if you make contact, they keep a record of your request to help solve any issues you might be facing. In processing personal information and other trusted sources of data, WIX, Microsoft, & Google will all enact instructions in compliance with their privacy policies, including any other appropriate confidentiality and security measures. For example, using service providers to help operate data centres in delivering products and services, improve internal business processes, and offer additional support to customers and users. They also use service providers to help review content for public safety and analyse and listen to samples of saved user audio to help improve audio recognition technologies.

For legal reasons big tech companies will share personal information only if they have a good-faith belief that disclosure of the information is necessary. By responding to any applicable law, regulation, legal process, governmental request, and any applicable Terms of Service, including investigation of potential violations, to detect, prevent or otherwise address fraud, security, or technical issues, and protect against harm to the rights, property, or safety of the company - their users or the public.

WIX, Microsoft, & Google may share non-personally identifiable information publicly with partners – such as publishers, advertisers, developers, or rights holders. For example, they may share information publicly to show trends about the typical use of their services and allow specific partners to collect information from your browser or device for advertising and measurement purposes using their own cookies or similar technologies, please visit myadcenter.google.com for more details.

This Privacy Policy does not apply to services that have separate privacy policies that do not incorporate this Privacy Policy and doesn’t apply to: The information practices of other companies and organisations that advertise their services, or services offered by other companies or individuals, including products or sites offering WIX, Microsoft, or Google services to which the policy applies, including products or sites displayed to you in search results, or linked from other services.

Furthermore, if WIX support.wix.com, Microsoft www.microsoft.com/en-gb/servicesagreement, or Google is involved in a merger, acquisition, or sale of assets, they continue to ensure the confidentiality of your personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

Question 4

DATA PROTECTION POLICY

Accepted Answer

Daniel Fisher of ®All Seasons Art Studio will be what is known as the “Controller” of the personal data you provide. I only collect (personal data) about you i.e. name, address, e-mail, and telephone number, which does not include any (Special Category Data).

I need your basic personal data to provide goods and services to you, provide you with marketing, tell you about my products and services, etc. And will not collect any personal data from you that you do not need to provide to oversee this service to you. I only ever use your personal data with your consent, or where it is necessary, and in any event, I will only use your information for the purpose it was collected. I process personal information for certain legitimate business purposes, which include:

to comply with a legal duty,
to protect your vital interests,
to identify and prevent fraud,
to enhance the security of the network and information systems,
to better understand how people interact with my website,
to provide postal communications which I think will be of interest to you,
to determine the effectiveness of promotional campaigns and advertising,
to inform you of future offers and related products,
for lawful interests,

I store data for as long as it is required for the purposes for which it was collected. How long information will be stored depends on the information in question and for what it is being used for. I continually review what information I hold and delete what is no longer required. I never store payment card information and will not retain your data for any longer than is necessary, and the longest time that I will hold your data will be six years. When I process your personal data, I make sure that I consider your rights under data protection laws, and my legitimate business interests do not automatically override your interests - and will not use your personal data for activities where my personal interests override the impact on you.

To the extent that the Supplier keeps and holds any personal information about the Customer they will be held by the Supplier, for the purposes of processing and completing Orders and to provide the Customer with information about offers being made by the Supplier.

The Supplier will not divulge Customer information to any third party except where it is necessary for the purposes of processing and fulfilling Orders, or as is required by law.

If the Customer does not wish to be informed of any offers being made by the Supplier, please email dpo@allseasonsartstudio.org

The Supplier does use cookies to assist in the processing of Orders via the Web Site, for further information please refer to Pinsent Masons: www.aboutcookies.org and The Guides: www.allaboutcookies.org

The right to confirmation as to whether we have your personal data and, if we do, to obtain a copy of the personal information I hold (this is known as a data subject access request),

The right to have your data erased (though this will not apply where it is necessary for us to continue to use the data for a lawful reason),

The right to have inaccurate data rectified,

The right to object to your data being used for marketing or profiling; and,

Where technically feasible, you have the right to personal data you have provided to me which I process automatically based on your consent or the performance of a contract. This information will be provided in a common electronic format,

There are exceptions to the rights above, but I will always try to respond to your satisfaction. There may, however, be situations where I am unable to do so and if you’re not satisfied with my response, or believe I am not processing your personal data in accordance with the law, you can complain through the website at: www.ico.org.uk based here in the UK.

Information Commissioner's Office.
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
England.
SK9 5AF
United Kingdom

Question 5

GOOD PARTNER AGREEMENT

Accepted Answer

I welcome diversity and encourage inclusion, and will stop working with partners if I do not feel they are adhering to inclusive principles and practices. My space is a shared one. This includes working with people from Ethnically Diverse, Migrant, Refugee, Asylum Seeker, LGBTQ+, Disabled, Age and Economically marginalised backgrounds.

I work WITH the local community. Partnering with ®All Seasons Art Studio does not mean that ®All Seasons Art Studio represents the ambitions of the local area, which change rapidly and often. Listening and checking in and asking permission has to happen on all sides and regularly to be able to collaborate with those that I work with. We need a lot of collaboration and discussion and ask that you take the time to check in with us often.

Co-creation is at our heart. We need to shape projects with communities, partners and artists together, buying in 'off the shelf' projects or those with perceived outcomes or gains. If you work with ®All Seasons Art Studio then it is understood that change is a healthy and inevitable part of the process and that projects must be co-authored to serve everyone involved. The process is as important as the artistic outcome.

I do source locally. In terms of suppliers, artists, supporters and funders. and seek to build an ecology for Aberdeen City and Shire in its environs that supports the will to thrive and be invested in, and that supports sustainable environmental aims.

Ultimately my loyalty is with the community I am collaborating with and honouring their voices, their ideas and the vulnerability they offer when partnering with me on projects. I will work hard to make the work we do feel robust and ensure that people who engage in it feel held.

If I work with you I will acknowledge your support and energy in making the project happen and expect you to do the same. If you use my logo, or say my name I will do the same for you.

Partnership communication is vital and while I understand that many of us in the arts sector work in multiple roles and may be working on an individual project in a very part time way, efficient communication is really important to socially-engaged work where so many people and moving parts are involved. We ask that you respond to my emails or phone calls within 7 days - and if this is not possible, please let me know ahead of time so I can plan accordingly.

External communication is important and I love to share the brilliant work that is done online via social media and other platforms. If you do too, great! Please do remember to tag in or credit the artists, the community, the partner organisations, and the funders. As we all work with such a wide range of communities, I expect to keep language for marketing and promotional material as accessible and friendly.
Documentation of artworks only happens if I have permission from all participants, please ensure you do too. When I work with photographers I use appropriate permissions to ensure that participants are happy to be captured and the photographer gives appropriate copyright and licensing.

Talking about money can be tricky but I think that transparency is key, but try to commission those who are from the communities I work in, at least 50% of the artists commissioned are local. When I work in partnerships, I charge a management fee (10% - 25%, the exact figure is partnership and project dependent): this ensures that I cover all the ‘back end’ work and costs you might not always see, including insurances, training for staff, accountant and other professional management fees, overheads, time used to fundraise and submit funding reports. If I don’t cover my costs properly, I won’t be here to support future projects.

Safety and support for people in life is paramount, I recognise that feeling safe and supported means creating a space where people feel welcome; and follow the rules, statutes, and codes of most professional organisations. I am currently thinking through the access support I offer, and am working with expert partners to be able to offer ‘creative enablers’ to support disabled community members who would like to access this support, by way of sourcing connections.

Engagement and Participation is as you can see from the ethos above, at the heart of everything I do. I map engagement opportunities with communities, and project partners to ensure that as many voices are invited into the project as appropriate. Participation is not an ‘add on’ to my creative process, it drives forward the work that I do.

I evaluate the project's aims, with my community's objectives for the project, and do this in a variety of ways, though the continuous evaluation may change the shape of the work I do  as I go, and may ask you to help with data collection and write some Impact and Evaluation Reports.

Problem solving by working with many different organisations, communities, and artists can get messy, and mistakes happen. If a communication is missed, or an element of the project goes wrong, let's talk about it openly and think about how it happened, and discuss how we can avoid a similar mistake. In the case of a more serious grievance or complaint, we’d like to talk about that transparently too, but if you’d like to raise this with me then contact: dpo@allseasonsartstudio.org

Question 6

INTELLECTUAL PROPERTY RIGHTS

Accepted Answer

All intellectual property rights relating to the Web Site are and shall remain the property of the Supplier.

It is stated that ©Mr Daniel M. Fisher (the "Owner") owns all intellectual property rights in the designs supplied by or on behalf of ®All Seasons Art Studio. As listed on the schedule attached hereto including any documents or other materials relating to such designs. Any future designs supplied by the Owner from time to time (the "Products") and that are bound by the terms of this Agreement.

The public acknowledge that all copyright, design rights (including both registered and unregistered if applicable), trademarks, patents, know how, confidential information, trade secrets including but not limited to concepts and themes and other intellectual property rights (collectively without limitation the “Intellectual Property") in or relating to the Products vests in and remains with the Owner.

The public acknowledge that by virtue of the Owner's exclusive ownership of the Intellectual Property we may not now or at any time in the future use or exploit, or authorise or procure another to use or exploit, the Intellectual Property without the Owner's prior written permission and in particular (but without prejudice to the generality of the foregoing) we will not use the Intellectual Property in relation to any other project, competing or otherwise.

The provisions of this Agreement shall extend to any details regarding the Products, or the Intellectual Property supplied by the Owner during any correspondence, or discussions occurring because of this Agreement, and all the provisions of this Agreement or otherwise, shall take effect and be interpreted accordingly.

If we become aware of or suspect any infringement of the Intellectual Property, we will forthwith notify the Owner and take all reasonable action and co-operate with the Owner in taking any action to limit and remedy any such breach. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom including in respect of any non-contractual obligations.

All claims, disputes, or other matters in question between the parties related to or arising out of this Agreement, including in relation to any non-contractual obligations, shall be subject to the non-exclusive authority of the UK Courts.

The Supplier grants to the Customer a non-exclusive non-transferable licence to use the Web Site for the purpose of browsing for Products and/or purchasing products the Customer agrees that it will not itself, or through a third party.

Copy the web site, except as is necessary for use of the web site as set out in these terms and Conditions.

Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Web Site except as permitted by law.

Write or develop any derivative or other software programs based, in whole or in part upon the Web Site.

The Customer may link to this website if the Customer or any third party wishes without our permission but must link to the homepage and not deep link into the site. The Customer or third party may also use any information contained in this Website if the Supplier’s ownership is acknowledged.

However, if the Customer does link to the Web Site the person so linking ownership agrees that they will indemnify the Supplier in full if any action is taken against the Supplier by any party, or even by the person linking, by virtue of the link created. If a link is created to this Web Site, any use is subject to these Conditions.

No right or licence is granted under these Terms to the Customer or to any third party under any patent, trade mark (whether registered or unregistered), copyright, United Kingdom or Community design right (whether registered or unregistered) or other intellectual property rights of the Supplier of whatever nature and subsisting in any part of the world (“Intellectual Property Rights”).

Where any designs, specifications, information, or other documents have been supplied by the Customer to the Supplier then the Customer warrants that the use of those designs or specifications for the provision of the Services shall not infringe the Intellectual Property Rights of any third party.

The Customer shall keep the Supplier fully indemnified against all losses and all actions, claims, proceedings, costs, and damages arising out of any claims made by a third party that the Supplier has infringed that third party's rights because of breach by the Customer of this clause.
​
All documents, drawings, programmes, artwork, sketches, and diagrams generated by the Supplier in providing the Services (the “Works”) (and all Intellectual Property Rights therein) shall be owned by and vest in the Supplier unless otherwise expressly agreed in writing between the Supplier and the Customer.

In the event that the Supplier agrees to transfer ownership of the Intellectual Property Rights in any Works to the Customer by virtue of such express agreement, the Customer agrees that the Supplier may reproduce those Works for the purposes of the Supplier's own publicity without further reference to the Customer provided that a sufficient acknowledgement of the Customer’s ownership of the Intellectual Property Rights is given.

All information provided by either party to the other party in connection with the provision of the Services and which the Customer informs the Supplier in writing is confidential and/or commercially sensitive shall be treated as and kept confidential by the Supplier, save for information which is in or which enters the public domain otherwise than through breach of this clause, or information which the Supplier receives from a third party, or information which it is necessary for the Supplier to disclose to comply with any legal obligation or which the Supplier needs to disclose to its legal advisers for the purpose of obtaining legal advice.

References to “information” in this clause shall include information provided by employees, contractors, agents, representatives or advisers of the Customer, or information which is obtained by the Supplier through observation during visits to any of the Customer’s premises or those of the Customer’s agents, representatives or advisers and whether such information is received orally or in writing or by any other means.

The Customer acknowledges that in providing the Services the Supplier may have to enter into agreements in relation to works in which third parties (“Third Parties”) own Intellectual Property Rights (“Third Party Works”) to enable the Supplier and the Customer to make use of Third-Party Works in connection with a design or designs provided by the Supplier to the Customer hereunder.  The Customer agrees to use Third Party Works only in a way which is consistent with the rights or permission granted to the Supplier by Third Parties and of which the Supplier shall inform the Customer.

The Customer shall keep the Supplier fully indemnified against all losses and all actions, claims, proceedings, costs, and damages arising out of any claims made by Third Parties that the Supplier has infringed those Third Parties’ rights because of breach by the Customer of this clause 
​
The Supplier hereby asserts all its moral rights under the Copyright, Designs and Patents Act 1988 including the right to be identified as the creator of all copyright works created by it in providing the Services.  The Customer also agrees to identify the Supplier as the creator of any non-copyright works in conjunction with any commercial publication of the work.

This agreement is made on behalf of ©Mr Daniel M. Fisher, the “Principal” of ®All Seasons Art Studio, and first written in witness of the “Public” - the “Agent” in question, who have agreed to conduct lawful business as follows:

The principal hereby appoints the Agent for the purpose of marketing, promotion and canvassing for sales of the principal's products to customers resident or carrying on business in the Territory.

This Agreement shall remain in force from the date all parties agree to conduct business and thereafter unless or until terminated by either party giving the other prior notice in writing, such notice to expire at the end of said Agreement or any time thereafter.

The principal reserves the right to refuse any orders for the products on any grounds but if the Agent requests, the principal shall supply the Agent with reasons for such refusal.

Nothing in this Agreement or otherwise shall make the Agent an employee of the principal.

This Agreement or any rights, duties and obligations hereunder shall not be assigned or transferred by either party without the prior consent in writing of the other party.

Responsibilities of the Agent

During the period of this Agreement the Agent shall be commissioned in accordance with the relevant percentage or percentages to be calculated on the net invoice price of all products sold to customers in the Territory as a result of orders received from the Agent after deduction of all taxes, levies or other deductions of any kind which may be made from the commission or required to be paid by either party in respect of such commission.

The commission will be paid in respect of each order accepted by the principal at the end of 12 Months following the month in which the principal accepts that order and which is not subsequently cancelled either by the customer or the principal. Any such cancellations will not affect the commission payable if such cancellation has occurred because of the default or negligence of the principal.

The principal will provide the Agent a monthly statement of commission due to him and no later than the end of the month following the preceding period.

Following termination of this Agreement in accordance with the Agent both shall be entitled to commission on all orders which reach the Agent or the Principal prior to the date of termination and on all orders arising from the Agent's efforts prior to the termination and which have concluded within a period of 1 month of the date of termination.

Unless otherwise agreed the Agent shall not be entitled to reimbursement by the principal of any out-of-pocket expenses incurred by the Agent in connection with his duties and responsibilities under this Agreement.

The Agent or his authorized representative shall be entitled, on giving reasonable prior notice to the principal to inspect the books of account of the principal and all other such records or documents necessary to check the amount of commission due to the Agent. The Agent shall keep all such information obtained strictly confidential.

Whilst acting as the Agent for the Principal, the Agent will not act otherwise directly or indirectly to market, promote or canvass for products which are similar or compete or are likely to compete with any of the principal's products, unless the Agent obtains the principal's prior consent in writing.

The Agent shall always act with all due diligence, act in good faith, follow, and observe all reasonable instructions given by the principal regarding the products and any activities under this Agreement and use his best endeavors to increase the sale of products in the Territory.

The Agent shall be responsible for his own operating expenses including his own transport and shall, if required by the principal maintain and provide at his own expense such offices and premises, administration, marketing, and other facilities necessary for the efficient performance of his obligations under this Agreement.

The Agent shall communicate to the principal all information relevant or useful for the business of the principal including competitor activity, product reliability, sales prospects, and other marketing information as well as any unauthorized use by third parties of the principal's trademarks, patents, or other intellectual property rights.

The Agent shall pass on all orders, tenders, and requests in respect of the principal's products to the principal within a reasonable period.

The Agent shall not during the period of this Agreement or after its termination disclose or permit to be disclosed to any third parties without the prior consent of the Principal and shall use only for the purposes of this Agreement any confidential information, trade secrets or proprietary data concerning the Principal's business or any of the Principal's customers which come or may come to his knowledge by reason of the agency relationship:

Confidential information or trade secrets shall consist of, but not necessarily be limited to technical, commercial, financial, operational, marketing, or promotional information. Proprietary data shall consist of, but not necessarily be limited to customer lists, pricing data, sources of supply, financial, production or marketing data or merchandising systems and plans.

The Agent shall not use or permit to be used or register any of the principal's patents, trademarks, trade or brand names, registered designs, or other intellectual property rights without the prior consent of the principal.

Save as expressly authorized by the Principal in writing the Agent shall not incur any liabilities on behalf of the Principal nor make any representations or give any warranties on behalf of the Principal, (except to confirm or communicate any terms, conditions or information contained in the Principal's documents) or enter into any contract or agreements on behalf of the Principal or pledge the credit of the Principal.

The Agent shall immediately inform the principal of any dispute, proceedings or claim relating to the principal's business products or affairs and shall follow any instructions given by the principal in relation thereto, but shall not institute, defend, settle, or attempt to settle or make any admissions without the principal's express authority.

The Agent shall not expressly or by implication in any negotiations with a customer relating to the principal's products describe himself as acting in any capacity for or on behalf of or in relation to the affairs of the principal other than as a canvassing agent.

Duties of the Principal

The principal shall provide the Agent with all relevant price lists, booklets, publications, samples, order books, forms, contracts and the like necessary for the Agent to perform his obligations under this Agreement. All such materials provided shall always remain the property of the principal and be returned to the principal on request.

The principal shall notify the Agent within a reasonable period if it obtains any information to suggest that the volume of sales of the products in the Territory will or is likely to be significantly lower than the Agent could normally expect.

The principal shall always act dutifully and in good faith in observing and discharging its obligations, responsibilities, and duties under this Agreement.

The principal shall be under no obligation to reimburse the Agent for any expenses incurred in the performance of the Agent's duties.

Should the Principal instruct the Agent to act on its behalf in relation to any dispute, proceedings or claim in respect of the Principal's products, business or affairs the Principal will indemnify the Agent against any costs, expenses or liabilities incurred by the Agent in so acting except to the extent that such costs, expenses or liabilities arise because of the Agent's own negligence or default.

The principal may at its absolute discretion carry out its own advertising, marketing, or publicity of its products, but shall not tender offers or quotations or enter any negotiations with a customer in the Territory without the Agent's prior knowledge or consent.

The principal shall not be obliged to accept any order, tender or request submitted by the Agent and shall accept the same only at its absolute discretion and on such terms and conditions as it considers appropriate. The principal shall at the end of each month notify the Agent of all orders for its products procured by the Agent which it has accepted or refused during that month and where they have been requested by the Agent provide details or reasons for the refusal.

In circumstances where the principal is to supply the products ordered by the Agent's customers direct to the customer the principal shall at the date of dispatch of the product send a copy of the relevant invoice to the Agent by way of notification of delivery of such products.

Except as otherwise provided for in this Agreement, this Agreement may only be varied or determined by the consent of the principal and may be terminated without prejudice if any of the following circumstances arise:

Either party commits a serious or grave breach of this Agreement or persistent breaches of this Agreement including, but not limited to, non-performance, default or neglect of that party's duties under this Agreement if the breach is capable of remedy, within 1 (one) month starting on the day after receipt of written notice referring to this clause and specifying a breach of this Agreement which has been committed by the non-defaulting party; and

The liquidation or winding up (other than for the purposes of reconstruction or amalgamation) of the Agent or the appointment of a liquidator or receiver to the assets of the Agent.

The failure to pay any money by the due date may be remedied within the 1 (one) month period the overdue payment of such money together with interest calculated at a compound rate of interest being 3 percent annum above the base rate for the time being.

Where the Agent fails to reach the target set by the principal. Where the conduct of the Agent is likely to have a serious or detrimental effect upon the principal's business, products, and affairs.

Where the Agent commits any acts of dishonesty, fraud, or theft.

Where the Agent fails to reach the target set by the principal.

Such termination will take place with immediate effect on written notice to the other party and without prejudice to any remedy either party may have against the other for any breach committed prior to the date of such termination or which gave rise to the termination.

Question 7

FINANCIAL COMPENSATION & INDEMNITY

Accepted Answer

This is a summary only, Hencilla Canworth GI Ltd (Hencilla) manages the policies, and the Insurer of this policy is underwritten by:

Hiscox Insurance Company Ltd (Hiscox)
22 Bishopsgate
London
EC2N 4BQ

These policies provide me individually with Public & Products Liability insurance and Professional Indemnity insurance, as illustrated herein by, (a-n) The Artist's Information Company, (SoA) The Society of Authors, (SAU) The Scottish Artists Union, and (VAA) The Visual Artists Association.

Demands And Needs

This policy meets the demands and needs of individual eligible members undertaking an insured business activity who require insurance against their legal liability to pay compensation arising out of injury to third parties and/or damage to third party property and/or arising from a negligent breach of their professional duty.

What Is Covered in Insured Business Activities

This policy provides cover for claims arising from activities undertaken in connection with an individual artistic practice in the preparation, lecturing, teaching, public display and sale of fine art and applied art.

Cover includes but is not limited to the participation in exhibitions, open studio events, displays involving live non-static physical performance, work undertaken in community settings, socially engaged practice and participatory art.

Key Features

a) Bodily injury or property damage occurring during the
period of insurance,

b) Personal injury or denial of access committed during
the period of insurance,

c) Abuse or molestation claims,

d) Overseas personal liability,

e) Cross liabilities,

f) Criminal proceedings costs,

g) Loss of third-party keys,

h) Failure to secure third-party premises,

i) Unauthorised use of third-party telephones by your employees,

j) Cover for Defective Premises Act liability,

k) Court attendance compensation,

What Is Covered by Professional Indemnity

Insurers will also cover the costs of restoring or replacing vital documents of yours that is required for the running of your business that has been lost, damaged, or destroyed.

Key Features

a) negligence or breach of duty of care,

b) negligent misstatement or negligent misrepresentation,

c) infringement of intellectual property rights including copyright, trademark or moral rights or any act of passing off,

d) breach of confidence or misuse of any information which is either confidential or subject to statutory restriction in its use,

e) defamation,

f) dishonesty of your individual partners, directors or employees, or sub-contractors directly under your supervision,

g) any other civil liability not otherwise excluded by the policy,

Details Of Our Regulator

Hiscox is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Hencilla are authorised and regulated by the Financial Conduct Authority under reference number 948880.

The FCA website, which includes a register of all regulated firms, can be visited at www.fca.org.uk.

To make a Complaint you can Contact the Financial Ombudsman Service at:

South Quay Plaza
183 Marsh Wall
London
E14 9SR

Tel: 0800 023 4567

Web: www.financial-ombudsman.org.uk

Any indemnity payment shall not exceed a figure equivalent to the Agent's average commission payments for one year. The payment to be calculated based upon the average commission payments earned by the Agent over the preceding five years.

The payment of indemnity shall not prevent the Agent from seeking damages for the loss of this Agreement or the inability to amortize the costs and expenses incurred by him in the performance of this Agreement on the advice of the principal.

Entitlement to compensation and/or an indemnity shall also arise where this Agreement is terminated by the principal due to the death of the Agent.

The principal must inform the Agent of his intention to seek such damages and/or an indemnity within this Agreement. If the Principal fails to do so he will lose the right to make a claim and/or seek indemnity.

Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to Acts of God, war, civil disorder, or industrial disputes.  If such delay or failure continues for a period of at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by written notice to the other.

If any dispute difference or disagreement in relation to this Agreement arises then the Party aggrieved shall notify the other party immediately it becomes aware of the dispute difference or disagreement (“Dispute”). Within 7 days of such notice being given a meeting of the Parties shall take place at which the Party aggrieved shall identify the Dispute.

The Parties shall seek to remedy the Dispute by mutual agreement and shall seek to do so within 7 days of the meeting referred to above.

If a Dispute cannot be resolved mutually between the parties, then all parties irrevocably commit to the process of mediation and shall appoint a Mediator who shall set out a timescale for the mediation of the Dispute.

The Parties further agree that no proceedings in respect of the Dispute shall be issued until the mediation set out above has been concluded.

Question 8

WORK MANAGEMENT

Accepted Answer

Management and Assessment of Working Time Limits

Daniel Fisher of ®All Seasons Art Studio is committed to protecting the health, safety and welfare of all, and therefore recognise that work related stress is a health and safety concern, not only causing elevated levels of potential absence, but a stressed worker is susceptible to unsafe working activities. I am therefore committed to identifying and reducing workplace stressors.

This policy applies to all levels of the organisation where managers are responsible for implementing the policies needed to help reduce work related stress.

Definition of Stress

The HSE define stress as “the adverse reaction people have to excessive pressure or other types of demand placed on them.” This is different to work pressures, which can be positive if managed correctly and stress which is known to be damaging to health.

Stage 1 – The Policy

®All Seasons Art Studio will identify all workplace stressors and conduct risk assessments to eliminate or control the risks of stress.
®All Seasons Art Studio will consult trade union or employee safety representatives on all proposed actions to prevent workplace stress.
®All Seasons Art Studio will provide training for all managers and supervisors in good      management practice.
Daniel Fisher will provide adequate resources to allow managers to implement the company’s agreed stress management strategy.
Daniel Fisher will provide a level of confidential counselling services for staff affected by stress caused by work or other external factors.

Stage 2 - Responsibilities

Managers:

Perform and implement risk assessments.
Provide communication between the management and employees, especially where      organisational changes are apparent.
Ensure that staff are fully competent to carry out their duties.
Allow staff meaningful development opportunities.
Monitor workloads to prevent excessive pressure and overload.
Monitor working hours and overtime to prevent overwork.
Ensure that staff take their annual leave entitlement.
Attend training as requested to help improve knowledge of work-related stress and health and safety.
Observe the harassment and anti-bullying policy to ensure it is prevented in the      workplace.
Be vigilant and offer additional support to employees who experience stress from external factors, such as bereavement or separation.

Directors/Occupational Health and Safety staff:

Provide advice and where appropriate specialist advice and awareness for training on stress.
Train and support managers in implementing the stress risk assessments.
Support individuals who have had time off with stress and advise on return-to-work      procedures.
Refer to the workplace counselling services as required.
Monitor and review the effectiveness of measures to reduce stress.
Keep up to date and inform appropriate people in any developments in the field of stress at work.

Human Resource:

Provide managers with the guidance surrounding the stress policy.
Help monitor the effectiveness of measures addressing stress by collating sickness absence statistics.
Advise managers and individuals on any training requirements.
Provide support to managers and individuals that encourages referrals to the counselling services as needed.

Employees:

Raise any concerns      with your trade union or staff safety representative, line manager or      occupational health advisor.
Accept      opportunities for the counselling services when recommended.

Trade Union or Staff Safety Representatives:

Be meaningfully consulted on any changes to work practices or design that could cause stress.
Be able to consult members on issues of stress, including conducting workplace surveys.
Be part of the risk assessment process.
Be allowed access to collective and anonymous data from HR.
Be provided with paid time from normal duties to attend union training relating to      workplace stress as appropriate.
Have availabilities to conduct joint inspections of the workplace at least every three months to ensure environmental stressors are properly controlled.
Perform a role in ensuring this policy is implemented.
Oversee the monitoring of the policy to ensure that measures to reduce stress are      applied and health and safety is promoted.

Stage 3 – Record keeping

Daniel Fisher shall keep a record of all relevant documents relating to work related stress. This will include risk assessments, minutes of meetings and transcripts of conversations relating to the subject. Records of workplace changes for individuals or groups of people must be kept, allowing a purposeful review of the workplace and the policy to be undertaken.

Stage 4 - Monitoring

Daniel Fisher shall monitor the performance of employees who are involved in the implementation of this policy, as well as those directly affected by work related stress. This can be proactive in terms of the training provided to managers to help them monitor their individual teams and reactively in terms of sickness absence records.

Stage 5 - Audit

A workplace inspection in the form of an audit will take place, at least annually or whenever the situation determines sooner. The audit will involve representatives within the workplace who have a vested interest in the outcome of the report.

Stage 6 - Review

®All Seasons Art Studio shall review this policy as required by the outcome of monitoring, audit and/or changes in legislation or guidance. There will also be a review where individuals are showing signs of work-related stress that would warrant this policy ineffective or invalid.

Management and Assessment of Lone Working

Although there is no general legal prohibition on working alone, the general duties of the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work (MHSW) Regulations 1999 still apply and require the identification of hazards relating to the work, assessment of risks and implementation of measures to avoid or control the risks.

Stage 1 - Lone Workers

Lone workers are those who work by themselves without close or direct supervision. They are found in a wide range of situations, e.g:

People in fixed workplaces where only one person works on the premises, e.g. in small workshops, petrol stations, kiosks, and shops.
Those who work separately from others, e.g. in factories, warehouses, some research and training establishments and leisure centres.
People working outside normal hours, e.g. cleaners, security, special production      maintenance or repair staff.
Mobile workers working away from their fixed base on construction, plant      installation, maintenance, cleaning work, electrical repairs, lift repairs, painting and decorating, vehicle recovery, agricultural and forestry.
Service workers, e.g. rent collectors, postal staff, social workers, home helps, district      nurses, pest control workers, drivers, engineers, architects, estate agents, sales representatives and similar professionals visiting domestic and commercial premises.

Stage 2 - Risk Assessment

The workplace and activity risks associated with lone working shall be assessed, e.g.:

If the workplace presents a special risk to the lone worker.
If there is a safe way in and out (access and egress) for one person.
If any temporary access equipment which is necessary, such as portable ladders or trestles, be safely handled by one person.
If all the equipment, substances and goods involved in the work can be safely handled      by one person.
If the work involves lifting objects too large for one person or whether more than one      person is needed to operate essential controls for the safe running of equipment.
If there is a risk of violence.
If women are especially at risk if they work alone.
If young workers are especially at risk if they work alone.
If the person is medically fit and suitable to work alone.

®All Seasons Art Studio shall involve safety representatives as valuable sources of information and advice.  This will help to ensure that all relevant hazards have been identified, and appropriate controls selected.

The risk assessment may identify workplaces and activities where lone working will present an unacceptable risk and where lone working shall not be used, e.g:

Work on or near live electrical conductors.
Entry into confined or enclosed spaces.
Socially difficult and hostile environments.
Working at height.
Remote sites and locations with difficult access.

Stage 3 - Control of Lone Working

®All Seasons Art Studio shall implement controls to minimise the risk of lone working.

Control measures may include instruction, training, supervision, and provision of protective equipment.

When a risk assessment shows that it is not possible for the work to be done safely by a lone worker, arrangements for providing help or back-up shall be put in place.

Where a lone worker is working at a workplace controlled by another, that employer should inform the lone worker’s employer of any risks and the control measures that should be taken.

Stage 4 - Training and Supervision

®All Seasons Art Studio shall require suitable and sufficient training and adequate supervision to ensure the capacity to contend with the risks associated with lone working.

Risk assessment shall be used to identify the appropriate level of supervision. Supervisors shall periodically visit and observe people working alone and be checked on to ensure they have returned to their base or home on completion of a task.

Stage 5 - Emergency Arrangements

®All Seasons Art Studio shall ensure that emergency arrangements are prepared for lone workers.  In the event of an emergency, employees and others should understand the actions to take and can administer first aid.

Stage 6 - Record Keeping

®All Seasons Art Studio shall ensure that suitable records are maintained.
 
Stage 7 – Monitoring

®All Seasons Art Studio shall ensure that activities are adequately supervised and that active monitoring techniques are applied to ensure that the workplace precautions and risk control measures are being applied.

Stage 8 - Audit

®All Seasons Art Studio shall audit the risk assessment on a regular basis and/or when changes in the organisation occur or new equipment is purchased.
 
Stage 9 – Review

®All Seasons Art Studio shall review and revise the risk assessment on a regular basis and/or when changes in the organisation occur or new tasks are contracted.

Management and Assessment of Work Conditions

Daniel Fisher of ®All Seasons Art Studio shall use this document to guide the general arrangements for the provision and use of work equipment.  Where appropriate, more detailed procedures may be required for specific equipment.

Hand-held tools include both hand tools and hand-held power tools.  The use of these tools in the workplace is governed by the Provision and Use of Work Equipment Regulations 1998, though other legislation may apply to specific equipment.

Work equipment includes any equipment used by me at work and includes hand tools, power tools, office equipment, and other specialist equipment, which is primarily controlled by the Provision and Use of Work Equipment Regulations 1998, though other legislation may apply to specific equipment.

There is a duty on the self-employed to ensure that any work equipment used at work, including that owned by an employee, is suitable, maintained, inspected as necessary, accompanied by adequate information and instructions, and used by competent and trained people.

Stage 1 - Identify and Specify Suitable Work Equipment

All work equipment used at work shall be suitable and sufficient for its intended use.
Before purchasing work equipment, Daniel Fisher shall consider:

Where and how the equipment shall be used.
The purpose for which it is intended to be used.
Who will use it.
An assessment of risks that might result when used.
How these risks may be controlled.

Daniel Fisher shall check that all purchased equipment:

·        Bears a Conformity Assessed (UKCA) marking and Declaration of Conformity provided.
·        Is accompanied by instructions on how the equipment should be used.

®All Seasons Art Studio shall ensure that the equipment is safe and is only used for operations, and/or under conditions, for which it is suitable by identifying Potential Hazards. All hand-held tools used at work shall be suitable for the purpose and the location of intended use.

Hand-held tools shall be selected following consideration of:

•           Electrical hazards.
•           Noise and vibration.
•           Weight and ease of handling.
•           Potential for entanglement in moving parts.
•           Environment in which the tools will be used.
•           Hazard from flying particles or waste material.
•           Dust levels.
•           Risk of fire or explosion.

The following will be considered as appropriate:

•           Specially insulated and protected tools for electrical work.
•           Non-sparking tools for flammable atmospheres.
•           Tools to be of suitable quality.
•           Correct tools for the task.
•           Consideration of using safety knives and scissors.

Where employees are approved to use their own tools, they shall be suitable and appropriate for the intended use and the user shall be competent.

Stage 2 - Maintenance of Work Equipment

Daniel Fisher will ensure that all work equipment is maintained by competent people and in accordance with the manufacturer’s recommendations.

Maintenance shall be undertaken using a safe system of work. Where necessary, a formal permit to work system shall be used to ensure correct isolation and the use of correct tools and safety equipment to ensure that the work can be undertaken without risk.

All hand-held tools shall be maintained in a safe condition by the user.

This will be achieved by:

•           Regular inspection, adjustment and repair.
•           Proper storage.
•           Only being used by competent and authorised persons.

Stage 3 - Use, Inspection and Maintenance

Where necessary, ®All Seasons Art Studio shall arrange for equipment to be formally inspected by a competent person.  All inspections shall be recorded.

When the safety of the equipment depends on the installation conditions, it shall be inspected:

After installation and before being put into service for the first time.
After assembly on a new site or in a new location.

Where equipment is exposed to conditions causing deterioration liable to result in dangerous situations, it shall be inspected:

At suitable intervals.
When exceptional circumstances occur.

Where equipment requires thorough inspection under specific legislation, Daniel Fisher shall plan for the inspection to be undertaken by a competent person in good time, and shall ensure that users of hand-held tools follow basic safety measures:

•           Ensure that the working area is clear, tidy, stable and slip-free.
•           If working at height, ensure that the work position is secure.
•           Only use correct equipment for the task and for which the user is trained.
•           Wear appropriate protective clothing and equipment.
•           Ensure the equipment is maintained in accordance with manufacturer’s recommendations.
•           All service and inspections are documented and logged.
•           Inspect the equipment before use and ensure it is in good order.
•           Store the equipment correctly and protect it from access by unauthorised users.

Stage 4 – Training in the Use of Equipment with Specific Risks

All users shall be competent to use hand-held tools and properly trained or instructed in their use.

Where any work equipment involves specific hazards, only a competent person, appointed by the ®All Seasons Art Studio, shall use and/or maintain the equipment.

The Company shall address the risks using a hierarchy of controls in the following order:

Elimination of the requirement for the equipment, where possible.
Implementation of hardware measures, such as physical barriers.
Implementation of software measures, such as safe systems of work.

Stage 5 - Information, Instruction and Training

Daniel Fisher shall ensure that all persons using or maintaining work equipment have sufficient information, instruction and training to operate or maintain the equipment safely.

Operators shall have sufficient training to carry out their functions.

Young persons shall only use work equipment if they have had training, instruction and supervision and are deemed to be sufficiently mature and competent.

Stage 6 - Operation and Working Environment

All work equipment shall:

Be fitted with controls that are easily reached and operated.
Kept stable.
Be properly lit.
Provided with adequate markings.
Provided with adequate warning signs.

All dangerous parts of machinery shall have measures to prevent access and to stop the movement of these parts before any part of a person enters the danger zone.

The Company shall address the risks using a hierarchy of controls in the following order:

The provision of fixed guards enclosing every dangerous part of the machinery.
The provision of other guards or protection devices.
The provision of jigs, holders, push sticks or similar protection appliances, to be used in conjunction with the machinery.

All guards and protection devices shall:

Be suitable for purpose.
Be of good construction, sound material and adequate strength.
Be maintained in an efficient state, efficient working order, and good repair.
Not give rise to increased risks to health and safety.
Not be easily by-passed or disabled.
Not duly restrict the view of the operating cycle of the machine.
Be constructed or adapted to allow operations necessary to fit or replace parts and for maintenance work, without having to dismantle the guard or protection device.

The health and safety risks resulting from the following shall be controlled:

Any item being ejected from the work equipment.
Rupture or disintegration of the work equipment.
Work equipment catching fire or overheating.
Unintended or premature discharge of any gas, dust, liquid, vapour, or other substance that is produced, used, or stored in the work equipment.
Unintended or premature explosion of the work equipment or any article or substance that is produced, used, or stored in it.

Where any work equipment and any article or substance produced is at a very high or low temperature it shall have protection to prevent injury from a burn.

Controls shall be used where practicable, such as insulation, doors, controls and/or guards.

Stage 7 – Supervision and Record Keeping

®All Seasons Art Studio shall keep all information on work equipment provided by the manufacturer and/or supplier and all records of maintenance for the life of the equipment.

Daniel Fisher shall keep all equipment inspection reports at least until completion of the next inspection report.

®All Seasons Art Studio shall keep all records on hand-held tools provided by the manufacturer or supplier, including all formal equipment examinations, inspections and maintenance for the life of the tool.

Daniel Fisher shall keep a register of training and where appropriate, appointment of an employee as competent to use the tools by ensuring adequate supervision of tool use.

Stage 8 – Monitoring

The Company shall ensure that activities are adequately supervised and that active monitoring techniques are applied to ensure that the workplace precautions and risk control measures are being applied. The Management of Health and Safety at Work Regulations 1999, section 6 states that health surveillance must be provided for all employees as appropriate to the identified risk (potential HAV, Respiratory, Noise, Skin)

Daniel Fisher shall monitor the performance of employees who are involved in the implementation of this policy.

Stage 9 - Audit

The Company shall audit to ensure that processes and documents relating to this policy are properly implemented and audit the risk assessment on a regular basis and/or when changes in the organisation occur or new equipment is purchased.

Stage 10 - Review

The Company should review this policy as required by the outcome of monitoring, audit and/or changes in legislation or guidance, by revising the risk assessment on a regular basis and/or when changes in the organisation occur or new equipment is purchased.

Question 9

EQUALITY AT WORK

Accepted Answer

ABOUT THIS POLICY

Equal opportunity statement: ®All Seasons Art Studio is committed to promoting equal opportunities and promoting diversity and inclusion in the workplace. You and any job applicants will receive equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex, or sexual orientation (these are known as Protected Characteristics).

Equal opportunities apply to all aspects of employment with us, including recruitment, pay and conditions, training, appraisals, promotion, conduct at work, disciplinary and grievance procedures, and termination of employment. Diversity and inclusion aspects covers both our actions and opportunities for you to be involved.

Multiple people have responsibility for this policy:

©Mr Daniel M. Fisher is responsible for this policy and any necessary training on equal opportunities.
The Advisory, Conciliation, and Arbitration Service is responsible for coordinating diversity and inclusion events in the company.
Our board of directors (the board) has overall responsibility for the effective operation of this policy and for ensuring compliance with discrimination law.
Day-to-day operational responsibility for this policy, including regular review of this policy, has been delegated to www.docue.com.

Leading by example: All managers must set an appropriate standard of behaviour and lead by example, by ensuring that those they manage adhere to the policy and promote our aims and objectives regarding equal opportunities and diversity and inclusion.

Managers will be given appropriate training on awareness, recruitment, and selection best practices.

This policy does not form part of any employee's contract of employment, and we may amend it at any time.

DISCRIMINATION

You must not unlawfully discriminate against or harass other people including current and former employees, job applicants, clients, customers, suppliers and visitors. This also applies on work-related trips or events, including social events.

The following forms of discrimination are prohibited under this policy and are unlawful:

Direct discrimination: treating someone less favourably because of a Protected Characteristic.
Indirect discrimination: a provision or practice that applies to everyone but adversely affects people with a particular Protected Characteristic more than others and is not justified.
Harassment: this includes sexual harassment and other unwanted conduct related to a Protected Characteristic, which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Victimisation: retaliation against someone who has complained or has supported someone else’s complaint about discrimination or harassment.
Disability discrimination: this includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.

If you have a long-term health condition and are disabled or become disabled, we encourage you to tell us about your condition so that we can consider what reasonable adjustments or support may be appropriate.

RECRUITMENT

We take the following steps to ensure that we avoid discrimination in our recruitment and other selection exercises (such as redundancy selection):

Merit: we will make any selection based on merit.
Two eyes approach: shortlists should be drawn up by more than one person if possible.
Advertisement: we take care to ensure that our vacancies are advertised to a diverse market of applicants. All adverts should be carefully reviewed before being posted to ensure that they do not contain language which would discourage any group or type of applicant from applying to a role.
Interview questions: our interview questions are job focussed, and do not ask questions which could lead to discrimination. For example, we would not ask any applicant whether they plan to have children.
Reasonable adjustments: we must make reasonable adjustments to enable any applicant to apply for a role. This means that we can ask about health or disability before interview, but only for this limited purpose of making any reasonable adjustments.
Monitoring equal opportunities: we ask applicants to fill out equal opportunities monitoring forms. This helps us ensure that we are not discriminating against one group over another. These answers are used for this monitoring only and are not considered as part of the interview process in assessing whether a candidate is suitable for a role.

DISABILITIES

If you are disabled or become disabled, we encourage you to tell us about your condition so that we can consider what reasonable adjustments or support may be appropriate to help you in your role.

We will do our best to accommodate your needs. However, if we are ever unable to do so (for example, the cost of doing so would be disproportionate for the business), we will inform you and work with you to find an alternative solution where possible.

PART-TIME AND FIXED-TERM EMPLOYEES

Part-time and fixed-term employees should be treated the same as comparable full-time or permanent employees and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate) unless different treatment is justified.

BREACHES

We take a strict approach to breaches of this policy. Serious cases of discrimination may amount to gross misconduct resulting in summary dismissal.

If you believe that you or someone else has suffered discrimination you can raise this with The Equality Advisory Support Service or under our Grievance Policy. Complaints will be treated in confidence and investigated as appropriate.

You must not be victimised or retaliated against for complaining about discrimination. However, making a false allegation deliberately and in bad faith will be treated as misconduct and dealt with under our Disciplinary Policy.

CONTACT

We are constantly trying to improve diversity and inclusion in our workplace. If you have any ideas or would like to get involved, please contact ©Mr Daniel M. Fisher.

If you have any concerns about equal opportunities, please contact ©Mr Daniel M. Fisher in the first instance. If you would like an independent contact, please contact https://protect-advice.org.uk.

Question 10

SAFEGUARDING PROCEDURE

Accepted Answer

ABOUT THIS POLICY

We, at ®All Seasons Art Studio, are committed to preventing and responding to risks of harm and promoting the welfare of children and adults at risk with whom we work. This SAFEGUARDING POLICY serves as a guide for all staff and anyone working on behalf of the Organisation to ensure that our practices align with legal requirements, national guidance, and best practices in safeguarding.

This policy does not form part of your contract of employment or any other contract to provide services in connection with the Organisation, and we may amend it at any time.

The purpose of this policy is to:

provide clear procedures for reporting safeguarding concerns within the Organisation.
set out the expectations and obligations for all staff and third parties acting on behalf of the Organisation involved in delivering the Organisation’s services and activities, including Adult and Child Workshops; and
ensure that safeguarding measures are embedded in the day-to-day operations of the Organisation.

WHAT IS SAFEGUARDING?

Safeguarding refers to the proactive practices, policies, and procedures designed to prevent harm, reduce risks, and promote the welfare of children and adults at risk. This SAFEGUARDING POLICY applies to all activities and services undertaken by the Organisation where children and adults at risk may be involved or impacted.

KEY TERMS

The following definitions are included to support the interpretation, understanding and clarity of terms used in this policy:

Children: Individuals under the age of 18 years old.
Adults at risk: Individuals aged 18 years or over who have care and support needs (whether-or-not those needs are being met) and are at risk of abuse or neglect. Due to their care and support needs, illness, disability, or other factors, they may be unable to protect themselves from harm or exploitation.
Designated Safeguarding Lead (DSL): The person appointed to take lead responsibility for safeguarding issues relating to children and adults at risk within the Organisation.

POLICY STATEMENT

At the Organisation, we believe:

The welfare of children and adults at risk is paramount: Their safety and well-being must always take precedence in all decisions and actions.
Every child and adult at risk has the right to protection: All children and adults at risk, regardless of age, gender, ability, background, or belief, are entitled to a safe and supportive environment.
Adults have a duty of care: All staff and third parties acting on behalf of the Organisation share the responsibility to safeguard children and adults at risk from harm and act as positive role models.
Safeguarding is an ongoing commitment: It requires proactive measures, clear policies, regular training, and open communication to address concerns effectively.
All children and adults at risk have the right to protection from abuse: This includes protection regardless of age, gender, disability, race, sexual orientation, faith, or belief.
All suspicions and allegations of abuse will be taken seriously: These will be responded to swiftly and appropriately to ensure the safety and well-being of the child or adult at risk.

This statement has been drawn up based on current legislation and guidance that seeks to protect children and adults at risk in England, Scotland, and Wales.

WHO DOES THIS POLICY APPLY TO?

This policy applies to all employees, directors, consultants, self-employed contractors, agency workers, volunteers, and interns working for the Organisation.

This policy also applies to third parties, such as [insert details of third parties], that we engage to provide services, activities, or support that involve working with children or adults at risk.

All individuals covered under this policy are expected to familiarise themselves with its contents and to act in accordance with the safeguarding principles, procedures, and responsibilities outlined in this document. Failure to comply with this policy may, at our sole discretion, lead to disciplinary action, dismissal, and/or escalation to the relevant authorities.

WHO IS RESPONSIBLE FOR THIS POLICY?

The Designated Safeguarding Lead has overall responsibility for the effective operation of this policy, and for reviewing the effectiveness of actions taken in response to concerns raised under this policy.

The Organisation's Designated Safeguarding Lead is:

[insert name of the DSL]
[insert role of the DSL]
[insert email address]
[insert telephone number]

The Designated Safeguarding Lead must ensure that regular and appropriate training is provided to:

All staff covered by this policy, including an overview of safeguarding risks, potential concerns, and the correct procedures for raising safeguarding issues; and
Managers and staff who handle safeguarding concerns, ensuring they are trained to respond effectively and in accordance with this policy.

The Designated Safeguarding Lead will annually review this policy.

HOW WE FULFIL OUR SAFEGUARDING RESPONSIBILITIES

The Organisation is committed to implementing a range of proactive measures to prevent harm to children and adults at risk. These measures are designed to reduce risks, protect their welfare, and ensure their safety across all activities undertaken by the Organisation.

The following key safeguarding measures are in place and will be continuously monitored to ensure their effectiveness:

Recruitment and vetting processes: The Organisation conducts comprehensive background checks, including identity verification and enhanced Disclosure and Barring Service (DBS) checks, during recruitment and, where necessary, throughout an individual’s engagement.
Training and awareness: Regular safeguarding training is provided to staff, covering how to recognise signs of abuse or neglect, and the procedures for raising safeguarding concerns.
Safe working practices: Clear guidelines are established to ensure staff and any third parties acting on behalf of the Organisation adhere to safe practices when working with vulnerable individuals. 
Supervision and monitoring: Adequate supervision is maintained for activities involving children and adults at risk, including services, events, and other interactions. 
Robust reporting procedures: Clear procedures are implemented to ensure safeguarding concerns are raised promptly, with staff encouraged to report confidently and without fear of retaliation.

REPORTING A SAFEGUARDING CONCERN

A safeguarding concern refers to any situation where there is suspicion that a child or adult at risk has been harmed, is at risk of harm, or is being neglected or abused.

All staff members, contractors, consultants, volunteers, and third parties working on behalf of the Organisation have a responsibility to identify and report any safeguarding concerns relating to the safety or well-being of children and adults at risk. If you believe there may be a safeguarding concern, you must ensure that you follow the below procedure and raise the safeguarding concern to:

- First point of contact: the Designated Safeguarding Lead
- Second point of contact (if the first is unavailable): ©Daniel Fisher - Owner, of ®All Seasons Art Studio

If you have a safeguarding concern, you should:

Respond appropriately: Ensure the immediate safety of the individual involved, if necessary, while always remaining calm and professional.
Report promptly: Report the concern to the appropriate person as soon as possible, no later than [Insert number of hours, e.g., 24 hours].
Record the concern: Document the concern as accurately and completely as possible, noting dates, times, people involved, and the nature of the concern.
Escalate to a statutory body: In cases where concerns are serious or involve criminal behaviour, escalate the issue directly to the relevant statutory body.

Once you have raised a concern, the Designated Safeguarding Lead will carry out an assessment and ensure appropriate action is taken. They will inform you of the outcome of the assessment and may ask you to attend additional meetings to provide further information. The DSL will liaise with external safeguarding authorities if necessary.

COMMENTS ON THIS POLICY

Staff are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions, and queries should be addressed to the Designated Safeguarding Lead where appropriate.

Question 11

ANTI-SLAVERY POLICY

Accepted Answer

ABOUT THIS POLICY

I conduct all my business in an honest and ethical manner, and are committed to acting professionally, fairly and with integrity in all my business dealings and relationships. This includes implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in my own business or in any of my supply chains.

This policy sets out the responsibilities, and those working for and on my behalf, in observing and upholding our position on modern slavery and human trafficking. It also provides information to those working for and on our behalf on how to identify and report concerns regarding modern slavery and human trafficking.

This policy applies to all persons working for me on my behalf, in any capacity, including (but not limited to) employees at all levels, directors, consultants, casual and agency staff.

Any member who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. And any non-employee who breaches this policy may have their contract terminated with immediate effect.

ANTI-SLAVERY PRINCIPLES

Modern slavery is a term used to describe the crimes of holding a person in a position of slavery, servitude, forced or compulsory labour, or human trafficking (facilitating a person's travel with the intention of exploiting them soon after). These crimes exist across the world, including the UK. They can occur in any business sector.

We will take action to identify, prevent, and mitigate modern slavery in my operations and supply chains. This means that I will not support or deal with any business knowingly involved in modern slavery or human trafficking.

As part of my efforts to monitor and reduce the risk of modern slavery and human trafficking occurring within our supply chains, I follow these due diligence processes:

conducting risk assessments to determine which parts of my business and which of my suppliers are most at risk from modern slavery and human trafficking.
engaging with my suppliers to convey to them my ANTI-SLAVERY POLICY and to understand what measures they have taken to ensure modern slavery is not occurring in their businesses.
where possible, to build long-standing relationships with local suppliers and make clear my expectations of professional behaviour.
with regards to international supply chains, my point of contact is preferably with a UK company or branch and expect these entities to have suitable anti-slavery and human trafficking policies and processes in place themselves.

To ensure an important level of understanding of the risks of modern slavery and human trafficking in our supply chains and our business, I undergo training.

My commitment to addressing the issue of modern slavery in business and supply chains must be communicated to all suppliers, contractors, and business partners at the outset of our business relationship with them and reinforced as appropriate on an ongoing basis.

YOUR RESPONSIBILITIES

The prevention, detection and reporting of modern slavery in any part of our business or supply chains is the responsibility of all those working for us or under our control. You are expected to always follow this policy and avoid any activity that might lead to, or suggest, a breach of this policy.

You are expected to report any cases where you know, or have reason to believe, that modern slavery has occurred. You should report cases in accordance with our whistleblowing policy.

If you are unsure about whether a particular act, the treatment of workers more generally, or their working conditions within any tier of our supply chains constitutes any of the various forms of modern slavery, raise it with your manager in the first instance.

QUESTIONS ABOUT THIS POLICY

If you have any questions about this policy, please contact ©Mr Daniel M. Fisher whose email address is dpo@allseasonsartstudio.org and contact number is +44 07484 798224.

Question 12

ANTI-BRIBERY POLICY

Accepted Answer

ABOUT THIS POLICY

I conduct all my business in an honest and ethical manner, and take a zero-tolerance approach to bribery and corruption, and are committed to acting professionally, fairly and with integrity in all my business dealings and relationships.

I uphold all laws relevant to corruption and bribery in all jurisdictions in which I conduct
business, including, in the UK, the Bribery Act 2010, which applies to conduct both in the UK and abroad.

This policy applies to all persons working for me or on my behalf, in any capacity, including (but not limited to) employees at all levels, directors, consultants, casual and agency staff.

Criminal law relating to bribery and corruption carries heavy penalties and you may commit a
criminal offence if you fail to comply with this policy.

Any employee who breaches this policy will face disciplinary action, which could result in
dismissal for gross misconduct. Any non-employee who breaches this policy may have their contract terminated with immediate effect.

BRIBERY

A bribe is a financial or other inducement or reward for an action which is illegal, unethical, a
breach of trust or improper in any way. Bribes can take the form of money, gifts, loans, fees,
hospitality, services, discounts, the award of a contract or any other advantage or benefit.

Bribery includes offering, promising, giving, accepting or seeking a bribe.

All forms of bribery are strictly prohibited. If you are unsure about whether a particular act
constitutes bribery, raise it with your manager.

Specifically, you must not:

give or offer any payment, gift, hospitality or other benefit in the expectation that a business
advantage will be received in return, or to reward any business received;
-
accept any offer from a third party that you know or suspect is made with the expectation that we will provide a business advantage for them or anyone else;
-
give or offer any payment (sometimes called a facilitation payment) to a government official in any country to facilitate or speed up a routine or necessary procedure;
-
threaten or retaliate against another person working for us who has refused to commit a bribery offence or who has raised concerns under this policy; and
-
engage in any activity that might lead to a breach of this policy.

CORRUPTION

Corruption is the misuse of office or power for private gain and bribery is a form of corruption.

GIFTS AND HOSPITALITY

This policy does not prohibit normal and appropriate gifts and hospitality (given and received) to or from third parties unless otherwise specifically stated. I have provided guidance below as to what is regarded as a normal and appropriate gift and hospitality:

- must be given in the name of the organisation rather than an individual;
- must not include cash or a cash equivalent (such as vouchers);
- must be of an appropriate type and value and given at an appropriate time;
- must not be unduly lavish or extravagant; and
- must be given openly.

Different parts of the world have different social and cultural customs. In some cultures, refusing or failing to offer a gift is considered impolite and could negatively impact a client relationship. In such cases, please report this to a director.

RESPONSIBILITIES

You must declare and keep a written record of all hospitality or gifts given or received. You must also submit all expenses claims relating to hospitality, gifts or payments to third parties and record the reason for expenditure.

You are expected to follow this policy at all times and avoid any activity that might lead to, or
suggest, a breach of this policy.

You are expected to report any cases where you know, or have reason to believe, that bribery or corruption has occurred or if you are offered a bribe or asked to make one. Grievances are concerns or complaints that an employee has about an issue at work.

QUESTIONS ABOUT THIS POLICY

If you have any questions about this policy, please contact whose email address is dpo@allseasonsartstudio.org and contact number is +44 07484 798224.

Question 13

GRIEVANCE PROCEDURE

Accepted Answer

ABOUT THIS POLICY

Grievances are concerns or complaints that an employee has about an issue at work. This policy has been put in place to ensure that our people have access to a procedure which can help to resolve grievances as quickly and as fairly as possible.

This policy applies to all employees. It does not apply to agency workers or self-employed contractors.

If you have a grievance about your employment, you should initially discuss this with your manager, informally. We hope that most concerns can be resolved this way, but if this is not the case you should initiate the formal procedure set out below.

This policy should be used where you have a personal issue at work. However, if you have concerns about how the company is managing an issue more widely, it may be appropriate to raise your concern as a whistleblower. Please see our whistleblowing policy for further details.

This policy does not form part of any contract of employment you have with us, and we can amend it at any time.

If the Customer has any query or wishes to serve any notice pursuant to these Conditions or make any complaint, then communication should be made to ©Mr Daniel M. Fisher dpo@allseasonsartstudio.org

STATEMENT OF GRIEVANCE

You should put your grievance in writing to your supervisor in the first instance.

If you feel as though you cannot raise this with your supervisor or would prefer to discuss your grievance with someone else, you can raise this with ©Mr Daniel M. Fisher.

You should set out the nature of the grievance (including any relevant facts, dates, and names of individuals involved so that we can investigate it) and how you suggest it may be resolved.

GRIEVANCE MEETING

We will aim to respond, in writing, within one week of receipt of your written grievance to invite you to attend a grievance meeting. This meeting will be scheduled to take place as soon as possible and normally within one week.

You may bring a companion to the grievance meeting if you make a reasonable request in advance and tell us the name of your chosen companion. The companion can be either a trade union representative or a colleague. If you or your companion cannot attend, you should let us know as soon as possible and we will try, within reason, to agree on an alternative time.

We may postpone the meeting if we need to carry out further investigations, after which the meeting will usually be reconvened.

After the grievance meeting has taken place, we will write to you to confirm our decision and notify you of any further action that we intend to take to resolve the grievance. We will also advise you of your right of appeal.

APPEALS

If the matter is not resolved to your satisfaction you may appeal in writing to Owner, stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.

We will then hold an appeal meeting, normally within two weeks of receiving your appeal. Where possible, this will be dealt with impartially by a manager or director who has not previously been involved in the grievance process. You have the same right to bring a companion to this meeting as you do for the initial grievance meeting.

We will confirm our final decision in writing, usually within one week of the appeal hearing. There is no further right of appeal.

QUESTIONS ABOUT THIS POLICY

If you have any questions about this policy, please contact ©Mr Daniel M. Fisher whose email address is dpo@allseasonsartstudio.org and contact number is +44 07484 798224.

Question 14

WHISTLEBLOWING POLICY

Accepted Answer

WHY WE HAVE THIS POLICY?

(@allseasonsartstudio) want to encourage a culture of openness, supportiveness and high
standards in our company. A whistleblower is someone who has genuine concerns about the activity of the company. Where you are thinking of raising concerns as a whistleblower, we want you to have the knowledge that we will take your concerns very seriously and investigate.

This policy covers how we treat whistleblowers and its purpose is to:

Encourage staff to report suspected wrongdoing as soon as possible.-
provide staff with guidance as to how to raise those concerns.-
reassure staff that they should be able to raise genuine concerns without fear of any penalty, even if they turn out to be mistaken.

This policy does not form part of my contract of employment or any other contract to provide
services, and I may amend it at any time.

WHO DOES THIS POLICY APPLY TO?

This policy applies to all employees, officers, consultants, self-employed contractors, casual
workers, agency workers, volunteers, interns and homeworkers who work for my company.

WHO IS RESPONSIBLE FOR THIS POLICY?

The Owner has overall responsibility for the effective operation of this policy, and for
reviewing the effectiveness of actions taken in response to concerns raised under this policy.

The Owner @allseasonsartstudio has responsibility for ensuring and overseeing the integrity,
independence and effectiveness of this policy, including the protections in place for those who raise concerns under this policy.

The docue.com has day-to-day operational responsibility for this policy and you should refer any questions about this policy to them in the first instance. The docue.com team must ensure that regular and appropriate training is provided to all staff to whom this policy applies and those who manage UK-based employees. Such training will include the types of events that may prompt the reporting of a concern, and how to raise concerns under this policy. And all managers and other staff who may deal with concerns or investigations under this policy.

This policy will be reviewed at least annually by the docue.com board of directors.

WHAT IS WHISTLEBLOWING?

Whistleblowing is the disclosure of information which relates to suspected wrongdoing or
dangers in relation to activities of the company. This may include:

criminal activity;-
failure to comply with any legal or professional obligation or regulatory requirements;-
miscarriages of justice;-
danger to health and safety;-
damage to the environment;-
bribery under our Anti-Bribery Policy;-
facilitating tax evasion;-
financial fraud or mismanagement;-
breach of our internal policies and procedures;-
conduct likely to damage our reputation or financial wellbeing;-
unauthorised disclosure of confidential information;-
money laundering;-
market abuse;-
breach of our policies on conflicts of interest and dealing with clients;-
negligence; and-
the deliberate concealment of any of the above matters.-

Whistleblowing is different to raising a grievance – which is raising a concern about your own
personal circumstances. If you have a concern about your own personal circumstances at work, please follow our Grievance Policy. A copy of our Grievance Policy can be found at
https://www.allseasonsartstudio.org/legal-policy

If a complaint relates to your own personal circumstances but you also have wider concerns
regarding one of the areas set out above (for example, a breach of our internal policies), you should discuss with ©Mr Daniel M. Fisher which route is the most appropriate.

If you are unsure whether to raise an issue under this policy you should seek advice from ©Mr
Daniel M. Fisher, whose contact details are set out at the end of this policy.

RAISING A WHISTLEBLOWING CONCERN

We hope that in many cases you will be able to raise any concerns with your line manager in the first instance. You can do this in person, over the phone or in writing. They may be able to agree a way of resolving your concern quickly and effectively. In some cases, they may even decide in their discretion to refer the matter to the Owner.

If a matter is more serious, or if you feel that your line manager or the HR Department has not
addressed your concern, or you prefer not to raise it with them for any reason, you should contact the following: Whistleblowers’ Champion, their contact details are set out at the end of this policy.

The Owner will arrange a meeting with you as soon as possible to discuss your concern. You may bring a colleague or union representative to any meetings under this policy, and your companion must respect the confidentiality of your disclosure and any subsequent investigation. We will take down a written summary of your concern and provide you with a copy after the meeting. We will also aim to give you an indication of how we propose to deal with the matter.

PROTECTION FROM RETALIATION AND SUPPORT FOR WHISTLEBLOWERS

It is understandable that whistleblowers are sometimes worried about possible repercussions. We encourage openness and will support staff who raise genuine concerns under this policy, even if they turn out to be mistaken.

Under UK law, whistleblowers must not be treated worse at work due to raising a genuine concern as a whistleblower. For example, detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If you believe that you have suffered any such treatment from (@allseasonsartstudio), you should inform ©Mr Daniel M. Fisher immediately. If the matter is not addressed, you should raise it formally using our Grievance Procedure.

If you are investigated as part of someone else raising a concern, you must not threaten or retaliate against whistleblowers in any way. If you are involved in such conduct you may be subject to disciplinary action and, where relevant, we may be required by law to make a report to the relevant regulator. In some cases, the whistleblower could have a right to sue you personally for compensation in an employment tribunal.

CONFIDENTIALITY

In the spirit of helping us improve things at the company, we would hope that you feel you can voice your concerns openly. However, we know that raising a concern can be difficult and if you feel you need to keep things confidential, we will respect this as far as we can whilst also addressing your concern. For example, if it is necessary for a third party to get involved to help investigate it further, we may need to disclose some information with them. We will discuss disclosing information with you where we need to do this.

For the purposes of helping us address any concerns raised, we do not encourage staff to raise concerns anonymously, although we will make every effort to investigate these concerns anyway. You should be aware that proper investigation may be more difficult or impossible if we cannot obtain more information from you. It is also more difficult to establish whether any allegations are credible.

Whistleblowers who are concerned about possible reprisals if their identity is revealed should
come forward to the Police Scotland and appropriate measures can then be taken to preserve
confidentiality. But if you are in any doubt, or feel you need to speak to someone independently outside of the company, then you can seek advice from Protect, the independent whistleblowing charity, who offer a confidential
helpline. Their contact details are at the end of this policy.

INVESTIGATION AND OUTCOME

Once you have raised a concern, we will carry out an initial assessment to determine the scope of any investigation. We will inform you of the outcome of our assessment. You may be asked to attend additional meetings in order to provide further information to help with this assessment where necessary, we may appoint an investigator or team of investigators including staff with relevant experience of investigations or specialist knowledge of the subject matter. The investigator(s) may make recommendations for change to enable us to learn and help us prevent the issue arising again in the future.

We will aim to keep you informed of the progress of the investigation and how long it is likely to take. However, sometimes the need for confidentiality may prevent us from giving you specific details of the investigation, an outcome, or any disciplinary action taken as a result. You should treat any information about the investigation as confidential.

If we conclude that a whistleblower has made false allegations maliciously, the whistleblower will be subject to disciplinary action.

PROCEDURE IN THE EVENT OF AN UNSATISFACTORY OUTCOME

We will always try to deal with your concern fairly and in an appropriate way but this might not
lead to the outcome you anticipate or desire. If you are not happy with the way in which your concern has been handled, you can raise it with: Protect, the independent whistleblowing charity. Contact details are set out at the end of this policy.

RAISING CONCERNS IN THE MEDIA

The aim of this policy is to provide an internal mechanism for reporting, investigating and
addressing any wrongdoing in the workplace. In most cases, you should not find it necessary to alert anyone externally. But the law recognises that in some circumstances it may be appropriate for you to report your concerns to an external body such as a regulator. It will very rarely if ever be appropriate to alert the media. A list of the relevant prescribed people and bodies for this purpose and the areas for which they are responsible is available on the GOV.UK website at:

www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-people-and-bodies--2.

We strongly encourage you to seek independent advice before reporting a concern to anyone
external. The independent whistleblowing charity, Protect, operates a confidential helpline. They also have a list of prescribed regulators for reporting certain types of concerns. Their contact details are set out at the end of this policy.

Whistleblowing concerns usually relate to the conduct of staff, but they may sometimes
relate to the actions of a third party, such as a client, supplier or service provider. In some
circumstances the law will protect you if you raise the matter with the third party directly. However, we encourage you to report such concerns internally first in line with this policy. You should contact your line manager for guidance.

RECORD KEEPING AND REPORTING

We will keep an internal record of all concerns raised under this policy, and the outcome of any investigations. This helps us understand the concerns raised and enables managers to learn from them in the future. For the purpose of protecting confidentiality, we do not record names in this report, only the subject matter of the concern and the outcome.

CONTACTS

Below are all the contact details that have been referenced throughout this policy. If you have
any questions or feedback about any of the content in this policy, please direct them to your line manager or HR Department.

Protect (independent, external whistleblowing charity)
Helpline: 0203 117 2520
Email: info@protect-advice.org.uk
Website: https://protect-advice.org.uk/contact-protect-advice-line/

COMMENTS ON THIS POLICY

Staff are invited to comment on this policy and suggest ways in which it might be improved.
Comments, suggestions and queries should be addressed to Docue.com where appropriate.

https://docue.com/en-gb

Question 15

MEMORANDUM OF UNDERSTANDING

Accepted Answer

1.     Service Agreement
 
The content of this service level agreement is intended to provide information on the agreed working arrangements between partners, which can complement the consortium agreement reached within the creative community by the partners involved in the delivery of this project i.e. the current administration involved in the delivery of various professional services.

All Seasons Art Studio Limited was Incorporated on the 19th of October 2012 and never became anything other than a zombie entity throughout the entirety of its lifespan, which ended in dissolution for the private company on the 9th of May 2023.

2.    Background
 
Starting from the 1st of April 2022, the ®All Seasons Art Studio brand became a progressive project from Daniel Fisher, solely funded by personal means, which as a legal entity is part of a larger network of community-based resources connected to professional artists who have a focus on the legitimate interests of their peers.

The ®D.M. Fisher. (14th of October 2022), ®Mr Daniel M. Fisher (8th of September 2023), and ®Daniel Fisher (8th of December 2023), are all trademarks under UK laws, and at no point shall any of these marks or the work therein be reproduced or copied by a third party or organization without either attribution and/or prior consensual agreement. I am and shall remain the sole legal representative of my estate, where copyright ownership rests, and reserve the right to refuse sale or publication of my property, goods, or services at any time.

The ®All Seasons Art Studio project is an organisation embedded in the ethos of Aberdeenshire Lifestyle Tenets, and it’s aims are to work with the residents to create locally produced products and services, to develop selling platforms and routes to market, and provide long term and sustainable employment for all who reflect the diversity of the various communities that they work in. 
  
3.    Project Activity

As a community experiment ®All Seasons Art Studio will carry out the activities outlined in the legal policy agreed by the project partners in relation to this project. This list is not exhaustive due to the broad scope of the project and the nature of the project, which is to be developed with the community, but will include the following items:
 
4.    Agreed Outcomes 
 
These are drafted and agreed by the management before the official project start date, and this service level agreement is to be updated to reflect this. 
 
5.    Recording And Reporting

As a private venture ®All Seasons Art Studio will NOT be required to provide Creative Scotland with monitoring, progress, and evaluation reports. Daniel Fisher will collect all required data in the agreed format and ensure it is recorded on the project’s shared data collection systems. Which are already agreed by project management and will also be expected, when required, to engage with community and administrative coordinators on evaluating the project. The project is coordinated and managed by the Lead Artist, Daniel Fisher.
 
6.    Budget Lines
 
The cost of the entire project is £3828.54 per annum.
 
Payments are made electronically to every nominated account within 30 days of receipt of the invoice, and Daniel Fisher will hold the shared project funds, which are accounted for as the project develops, following the costs paid directly by Daniel Fisher on behalf of ®All Seasons Art Studio. 
 
7.    Publicity
 
The ®All Seasons Art Studio project will be acknowledged and publicised as required by its owner and creator Daniel Fisher.

All partners will use the correct Funder name and logo in the required format, size and quality on all marketing material, media and paperwork associated with ®All Seasons Art Studio.

All proposed partners will acknowledge ®All Seasons Art Studio support when referencing the ®All Seasons Art Studio project and associated activities.

All partners should comply with reasonable requests by joining meetings and facilitated visits to provide other material to assist with promotional activities relating to ®All Seasons Art Studio.

8.    Communication

Daniel Fisher is the nominated person that is to ensure clear communication and a main point of contact for ®All Seasons Art Studio, and as such the facilitator for the memorandum of understanding in the lifetime of the project. An affiliated representative will attend Partnership Steering Group meetings and adhere to all the terms of the memorandum of understanding. 
 
9.    Confidentiality

All personal data gathered by Daniel Fisher for this project will be collected, processed, used, and stored in accordance with the General Data Protection Regulation. The only personal data held by any party will be data which is relevant for the needs of the individual. Personalised data anonymised from the outset.   
 
Case studies will be provided as part of the evaluation for this project. Partners providing case studies will ensure that any participants and staff involved in a case study have given informed consent for their details to be shared.   
   
10.     Insurance

Daniel fisher of ®All Seasons Art Studio will be responsible for the Public Liability insurance of the activities that are being delivered and Employers Liability Insurance for any staff involved in the management and delivery of project activities.   
 
11.   Termination of Agreement

The Agreement can be terminated in the following circumstances: 
 
•        If either party shall be formally dissolved or cease operations.
 
•   If there is a fundamental breach by any party including non-payment without prior discussion, or failure to deliver the agreed activities outlined in section 1 and outputs described in section 4. 
 
•       If there is a dispute between the customer or supplier and Daniel Fisher that has not been resolved for both parties through mediation as described in Section 10 of this Memorandum of Understanding.

Question 16

SERVICE LEVEL AGREEMENT

Accepted Answer

BACKGROUND

A. The Consumer enters into a Main Services Agreement under which ©Mr Daniel M. Fisher provides Art & Design Commissioning (Services).

B. This Service Level Agreement (Agreement) is supplemental to the terms of the Main Agreement and sets out the standards ®All Seasons Art Studio should endeavour to meet when providing the Services.

SERVICE LEVELS

During the term of the Main Agreement, the Owner shall use commercially reasonable endeavours to meet or exceed the following service levels (Service Levels):

For this clause, the following classifications shall apply:

·        Category 1 - Critical: A severe and business-critical incident with an extreme impact on the Services and the 's opportunity to use the Services within their business. The incident is of significant financial, internal, or market importance.

·        Category 2 - High: A severe incident that impacts the Services and the ability of some of the 's employees, end-customers, or users to use the Services. The incident is of significant financial, internal, or market importance.

·        Category 3 – Medium: An incident that impacts individual functions of the Services and individual users, employees, or end-customers of the business, but does not affect the operations in general or the financial, internal, or market importance for the business.

·        Category 4 – Low: An incident that affects a few individual users or employees of the but does not affect the 's operations in general or is of financial, internal, or market importance to the.

AVAILABILITY

The Owner shall ensure that the Services are available to the client at least 60% of the time during any business day in United Kingdom (excluding public or bank holidays) during the business hours of 9:00 am to 5:00 pm (Business Hours).

The Owner shall use commercially reasonable efforts to make the Services available to the public 24 hours a day, seven days a week, except for planned maintenance carried out during the maintenance window of 10.00 am to 17.00 pm UK time.

Unscheduled maintenance performed outside Business Hours, provided that the Owner uses reasonable endeavours to give the at least 1 business day notice in advance.

MONITORING AND REPORTING

Within 30 days of entering into this Service Level Agreement, the owner shall provide the Client/s with details of how the process in respect of the monitoring and reporting of Service Levels will operate between the Parties and the Parties will endeavour to agree on such processes as soon as reasonably possible.

The Owner shall provide the requester with performance monitoring reports (Performance Monitoring Reports) in accordance with the processes and timescales agreed for the duration of the term of the Main Agreement. The Owner shall keep copies of all books and records used in the preparation of the Performance Monitoring Reports.

Only by the owner’s request (©Mr Daniel M. Fisher) will allow an authorised representative to have access to the premises, or shall grant access to such networks and systems of ®All Seasons Art Studio, for the purpose of inspecting the books and records required under this clause for the purpose of verifying the level of the performance by the and the calculations of the amount of Service Levels at no more than once in any 18 months.

GENERAL

Each Party is responsible for its legal and other costs in relation to the preparation and performance of this Agreement.

In the event of a conflict or inconsistency between the terms of this Service Level Agreement and the Main Agreement, except where expressly stated otherwise, the provisions of the Main Agreement shall prevail to the extent of such conflict or inconsistency.

The Parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.

For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Agreement is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions. However, this does not affect any rights or remedy of such a person that exists or is available apart from that Act.

No Party may assign, subcontract, or encumber any right or obligation under this Agreement, in whole or in part, without the other Party’s prior written consent or except as expressly permitted in this Agreement.

This Agreement, and any document referred to in it, contains the whole Agreement between the Parties relating to its subject matter and supersedes any prior Agreements, representations, or understandings between them unless expressly referred to in this Agreement. Each Party acknowledges that it has not relied on, and will have no remedy in respect of, any representation (whether innocent or negligent) made but not covered in this Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.

No amendment or variation of this Agreement will be valid unless agreed in writing by an authorised signatory of each Party.

If any clause in this Agreement (or part of a clause) is or becomes illegal, invalid or unenforceable under applicable law, but would be legal, valid and enforceable if the clause or some part of it was deleted or modified (or the duration of the relevant clause reduced), the relevant clause (or part of it) will apply with such deletion or modification as may be required to make it legal, valid and enforceable, and the Parties will promptly and in good faith seek to negotiate a replacement provision consistent with the original intent of this Agreement as soon as possible.

No delay, act, or omission by either Party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Notices under this Agreement must be in writing and sent to the other Party’s address, as set out above in the Contract Details. Letters sent in the United Kingdom will be deemed delivered 3 business days (excluding Bank Holidays), after sending. Emails will be deemed delivered the same day (or the next business day, if sent on a non-business day or after 5pm on any business day at the recipient’s location).

This Agreement may be signed in any number of counterparts and by the Parties on separate counterparts, each of which when signed and dated will be an original, and such counterparts taken together will constitute one and the same Agreement. This Agreement will not be effective until each Party has signed one counterpart.

This Agreement is governed by United Kingdom law. All disputes under this Agreement will be subject to the exclusive authority of the courts of the United Kingdom. By agreeing, both Parties adhere to the terms set out in this Service Level Agreement, with effect from the date that is honoured by the Owner of ®All Seasons Art Studio.

Question 17

FORCE MAJEURE

Accepted Answer

Introducing '®All Seasons Art Studio' by '©Mr Daniel M. Fisher' a showcase portfolio exemplifying dedication to professionalism in arts & crafts and offering a glimpse into commercially styled artwork by exploring the intersection between creativity and craftsmanship.

Using reliable materials and techniques, my products are considered to last at least one hundred years, but If for any reason owing to third party carelessness there is an issue with customer satisfaction, then the query is expected to be resolved within my authority. My guarantee includes my professional indemnity for the good and secure state and condition of the items according to the delivery.

Shipping is handled by very reputable providers and aim to rectify any complaint first-hand under UK Consumer Rights legislation, but if after this initial instance the items are to be returned then a money back protocol is offered minus postage fees, as a guarantee for 28 days after the date of sale of goods and in the event there are no suitable replacement item’s being offered.
 
Communications are kept on a strictly private basis under General Data Regulation, do not undertake any kind of information surveillance with the data of customers but do however utilise analytics and metrics for measuring public opinion. This informs the advertising strategies I use to promote any goods and services to the consumer, which is permitted under UK legislation. I do not buy, share, or sell the identities of people as I market and promote responsibly to my clients through clear use of UK law.
 
No variation to these Terms shall be binding unless agreed in writing between the authorized representatives of the Supplier and the Customer.  The Supplier’s employees or agents are not authorized to make any representations concerning the Products unless confirmed by the Supplier in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Supplier shall be subject to correction by the Supplier without any liability on the part of the Supplier.

Time is not of the essence in relation to the performance of the obligations of the Supplier under these Terms.  Notices between the Customer and the Supplier relating to these Terms shall be in writing.  Notices shall either be delivered personally or sent by first class post or fax to their registered office.  Notices if delivered by hand shall be treated as received when delivered, if sent by first class post 48 hours after posting, if sent by air-mail post 72 hours after posting and if sent by fax when sent.

These Terms are the entire agreement between the Customer and the Supplier and replace all previous agreements between them relating to the same subject matter.

Neither the Customer nor the Supplier shall be liable if a breach in these Terms happens because of circumstances which are beyond their reasonable control, provided that as soon as is reasonably practicable they give notice to the other party.

Nothing in this agreement creates a partnership or employment relationship between the Customer and the Supplier or makes one party the agent of the other.

These Terms or any rights or obligations under them may not be assigned by either party without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).

Nothing in these Terms is intended to create any right for any third party to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Customer and Supplier shall attempt to substitute for any invalid, illegal or unenforceable provision a valid, legal, and enforceable provision which achieves to the greatest extent possible the economic, legal, and commercial objectives of the invalid, illegal or unenforceable provision.

The laws of the United Kingdom shall govern these Terms with the Customer and the Supplier agreeing to submit to the exclusive authority of the United Kingdom courts.

No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of the Supplier and the Customer.  The Supplier’s employees or agents are not authorised to make any representations concerning the Goods and/or Services unless confirmed by the Supplier in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Supplier shall be subject to correction by the Supplier without any liability on the part of the Supplier.

Time is not of the essence in relation to the performance of the obligations of the Supplier under these Terms.  Notices between the Customer and the Supplier relating to these Terms shall be in writing.  Notices shall either be delivered personally or sent by first class post or fax to their registered office.  Notices if delivered by hand shall be treated as received when delivered, if sent by first class post 48 hours after posting, if sent by air-mail post 72 hours after posting and if sent by fax when sent.

These Terms are the entire agreement between the Customer and the Supplier and replace all previous agreements between them relating to the same subject matter.

Neither the Customer nor the Supplier shall be liable if it breaches these Terms because of circumstances which are beyond its reasonable control, provided that as soon as is reasonably practicable it gives notice to the other party.

Nothing in this agreement creates a partnership or employment relationship between the Customer and the Supplier or makes one party the agent of the other.

These Terms or any rights or obligations under them may not be assigned by either party without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).

Nothing in these Terms is intended to create any right for any third party to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Customer and Supplier shall attempt to substitute for any invalid, illegal or unenforceable provision a valid, legal, and enforceable provision which achieves to the greatest extent possible the economic, legal, and commercial objectives of the invalid, illegal or unenforceable provision.

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom including in respect of any non-contractual obligations.

All claims, disputes, or other matters in question between the parties related to or arising out of this Agreement, including in relation to any non-contractual obligations, shall be subject to the non-exclusive authority of the Courts of the United Kingdom.

If you the public wish to withdraw from this agreement, then please contact me using my email address and I will endeavour to meet your request.

Relevant Measures in use:

Pursuant to the relevant Schedules of the Companies Act 2006, the Company needs client consent to send documents electronically.  Please read the notes carefully and then choose the appropriate option to indicate how you would like to receive all future notices and other documents and communications from the Company.

It is the Clients’ responsibility to notify the company of any changes to their name, address, e-mail address, or other contact details.

Clients should also note that with electronic communication the Company’s obligations will be satisfied when it transmits the notification of availability, or such other document as may be involved to the electronic address it has on file. The Company cannot be held responsible for any failure in transmission beyond its control.

In the event of the Company becoming aware that electronic notification has not been successfully transmitted, a further attempt will be made. If the transmission is still unsuccessful, a hard copy of the notification will be sent to the Customer by post.

The name and relevant contact address details will stand until such time as the Company receives alternative instructions from the Consumer.

If specific software is required to access information placed on the Company’s website it will be available via the website without charge.

Before electing for electronic communications, Customers should ensure that they have the appropriate equipment sufficient for the purpose.

The Company will take all reasonable precautions to ensure no viruses are present in the communications, but it cannot accept responsibility for any loss or damage arising from opening or using any e-mail or attachments received from the Company.

If you fail to respond to a letter within 28 days, you will be deemed to have agreed to receive communications by electronic means.

Notwithstanding your decision, you may at any time notify the Company of your wish to receive all or specific information in paper form.

Please choose one option only:

Option 1. As currently, receive an electronic notification by the Company to advise you that certain specified documents are made available for viewing on the company’s website. If you decide upon this option, please use one of the following channels of communication to indicate how you would like to be notified and enter the appropriate e-mail address.

Option 2. In hard copy by post to the Customer address.    
                                                                        
Means of Communication to be used:
(1) Anything sent or supplied by or to the Company under the Articles may be sent or supplied in any way in which the Companies Act 2006 provides for documents or information to be sent or supplied by or to the company for the purposes of the Companies Act, and

(2) Any notice or document to be sent or supplied to the owner in connection with the taking of decisions must also be sent or supplied by how the owner has asked to be sent or supplied with such notices or documents for the time being.

(3) The owner within the company agrees that notices or documents sent to him in a particular way are deemed to have been received within a specified time of their being sent and for the specified time to be less than 48 hours.

Addresses and other Contact Details:
(a)  Any notice or document sent to the owner may be sent to his address as registered in the Company Information Register, unless:

(b)  The owner has agreed that another means of communication is to be used, and

(c)  The owner has supplied the responder with the information they need to use that other means of communication.

Any notice, statement or other information required or authorized by this Legal Agreement to be given by either party to the other shall be given at the address given above or such other address as is notified to the other party in writing from time to time for this purpose.

Service may be by registered first class post from within the United Kingdom in which case it shall be deemed for the purposes of this Legal Agreement to have been received after being acknowledged by transmission in which case it shall be deemed to have been received on the date of the acknowledgement.

This Agreement shall be governed by and construed in accordance with UK laws including in respect of any non-contractual obligations.  All claims, disputes, or other matters in question between the parties related to or arising out of this Agreement, including in relation to any non-contractual obligations, shall be subject to the non-exclusive area of the Courts of Scotland: www.scotcourts.gov.uk and England & Wales: www.judiciary.uk.

Question 18

COMPLIANCE

Accepted Answer

Data protection fee self assessmentWhat are you trying to find out? If I need to pay the data protection fee and how much I need to pay.Is your organisation a public authority? No.Are you currently trading, carrying out activity or receiving income? Not started trading.Have you received a letter or email from us? I haven't had a letter or email from the ICO.Do I need to tell the ICO I am exempt from paying? No. I do not need to tell the ICO I am exempt.Companies that have not started trading don't have to pay a fee to the ICO. If I start trading I should retake this self assessment to decide if I need to pay the fee.SSL CertificateAuthenticates my site’s identity and enables an encrypted connection, so that visitors (and browsers) know they can trust my site.TLS 1.3 EncryptionEncrypts your data using the latest industry-standard protocols to keep visitors’ information safe.DDoS ProtectionIn a DDoS attack, sites are flooded with unwanted traffic and become unavailable. Wix reroutes this malicious traffic to keep your site accessible at all times.Level 1 PCI ComplianceMy site complies with the highest global standard for secure online payments, regardless of the payment provider used.Does the 'Online Safety Act' apply to my service?Based on the answers I have provided… No … the Online Safety Act is not likely to apply to my online service. You can see my answers in full below, but please note that this result is indicative only and based on the answers I have provided, and does not constitute legal advice or an Ofcom decision. It is for providers of online services to assess their service and/or seek independent specialist advice in order to determine whether their online service (or the relevant parts of it) are subject to the regulations and understand how to comply with the relevant duties.What next?Although based on my responses the regulations are unlikely to apply to my online service, I do still wish to stay up-to-date with the regulations and can: Check my results to confirm they’re accurate. This tool provides an indicative answer and it is my responsibility to assess whether the Act applies to my service, by making sure I am confident in my decision. If I need support, I can seek independent professional advice on whether the regulations apply to www.allseasonsartstudio.org If I make changes to my online service that could change the answers, so i will use the Ofcom checker again to see if the regulations apply in the future.If useful, you can read more about the online safety duties. Ofcom have calculated the above result based on my answers below:Does your online service have links with the UK? Your answer: YesDo you provide a “user-to-user” service? Your answer: Yes
Do you provide a search service? Your answer: NoDoes your online service publish or display pornographic content? Your answer: No, we don’t publish/display any pornographic content.
Do any exemptions apply to the content on your online service? Your answer: Yes, users can only interact with content generated by me or my organisation.Do any exemptions apply to your online service? Your answer: Yes, it is an internal business service, including services such as business intranet, content management systems, or customer relationship management systems.Conformance statusThe Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. ®All Seasons Art Studio is partially conformant with Level A. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.FeedbackWe welcome your feedback on the accessibility of ®All Seasons Art Studio. Please let us know if you encounter accessibility barriers on ®All Seasons Art Studio:Phone: +44 07484 798224E-mail: dan@allseasonsartstudio.orgVisitor Address: 39 Brent Field Circle, Auchterellon, Ellon, Aberdeenshire, Scotland. AB41 9DA United KingdomPostal Address: PO Box 11473, Ellon, Aberdeenshire, Scotland. AB41 1BFI try to respond to feedback within 2 Business Days.Technical specificationsAccessibility of ®All Seasons Art Studio relies on the following technologies to work with the particular combination of web browser and any assistive technologies or plugins installed on your computer:HTMLJavaScriptSMILThese technologies are relied upon for conformance with the accessibility standards used.Assessment approach®All Seasons Art Studio assessed the accessibility of ®All Seasons Art Studio by the following approaches:Self-evaluationFormal approval of this accessibility statementThis Accessibility Statement is approved by:®All Seasons Art Studio©Mr Daniel M. FisherWeb ManagerHosting InfrastructureYearly uptime 99.98%My site is available globallyWix operates four data centers around the world that are connected to AWS and Google Cloud. In case of a regional outage or a provider issue, the remaining data centers can handle all of Wix’s traffic.Wix Points of Presence (PoPs) speed up data flow and keep a cached copy of your site for better performance.Google Cloud, AWS, and Fastly Content Delivery Networks (CDNs) cache your site to improve loading speed and keep your site available at all times.Creative Commons Deed: https://creativecommons.org/licenses/by-nd/4.0/ You are free to:Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
NoDerivatives — If you remix, transform, or build upon the material, you may not distribute the modified material.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.https://creativecommons.org/licenses/by-nd/4.0/legalcode.en

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Legal Policy

LEGAL FAQ

TERM'S & CONDITION'S

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PRIVACY DISCLOSURE

DATA PROTECTION POLICY

GOOD PARTNER AGREEMENT

INTELLECTUAL PROPERTY RIGHTS

FINANCIAL COMPENSATION & INDEMNITY

WORK MANAGEMENT

EQUALITY AT WORK

SAFEGUARDING PROCEDURE

ANTI-SLAVERY POLICY

ANTI-BRIBERY POLICY

GRIEVANCE PROCEDURE

WHISTLEBLOWING POLICY

MEMORANDUM OF UNDERSTANDING

SERVICE LEVEL AGREEMENT

FORCE MAJEURE

COMPLIANCE