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SMS Terms & Conditions

SMS – Artistic & Socio-Cultural Organization

Effective Date: [Insert Date]

Welcome to the official website of SMS – Artistic & Socio-Cultural Organization (“SMS”, “we”, “our”, or “us”). By accessing or using this website, participating in our programmes, purchasing artworks or publications, applying for membership, or engaging with any services offered by SMS, you agree to comply with these Terms & Conditions.

If you do not agree with these Terms, please refrain from using our website or services.

1. About SMS

SMS is an independent Artistic & Socio-Cultural Organization established in Kolkata, India, in 2009 by artist, curator, and cultural leader Puja Sarkar.

SMS promotes contemporary art, cultural exchange, education, publications, exhibitions, workshops, artist development, community engagement, and national and international collaborations.

2. Acceptance of Terms

By using this website you confirm that:

  • You are legally capable of entering into binding agreements.

  • All information submitted by you is accurate.

  • You will use this website lawfully and responsibly.

3. Website Content

All text, photographs, graphics, logos, videos, publications, exhibition documentation, and website design are protected under applicable copyright and intellectual property laws.

Unless expressly permitted in writing, no content may be copied, reproduced, modified, distributed, published, or commercially exploited.

4. Artist Copyright

SMS respects the intellectual property rights of artists.

Artists retain full copyright ownership of their original artworks unless a separate written agreement specifies otherwise.

Participation in exhibitions, publications, interviews, or promotional activities grants SMS a non-exclusive right to reproduce submitted materials solely for documentation, publicity, educational, editorial, archival, and promotional purposes.

Commercial reproduction beyond these purposes requires additional written consent.

5. Artwork Information

Every reasonable effort is made to ensure that artwork descriptions, dimensions, media, pricing, and images are accurate.

Because original artworks are individually created:

  • colours may vary slightly between digital screens and physical works;

  • handmade artworks naturally contain individual characteristics;

  • framing shown in photographs may not always be included unless stated.

6. Artwork Availability

All artworks remain subject to availability.

SMS reserves the right to remove, reserve, or withdraw artworks from sale, exhibitions, publications, or promotional campaigns without prior notice.

An artwork is considered sold only after full payment has been received and confirmed.

7. Prices

Artwork prices, membership fees, workshop registrations, publication costs, and participation fees may change without prior notice.

Applicable taxes, shipping charges, insurance, customs duties, and import fees are additional unless specifically stated.

8. Membership Programme

Membership applications are reviewed according to the policies of SMS.

Submission of an application does not automatically guarantee membership.

SMS reserves the right to approve, decline, suspend, or terminate membership where necessary to protect the integrity and objectives of the organisation.

Membership benefits are subject to organisational policies and may be updated periodically.

9. Exhibitions & Open Calls

Participation in exhibitions, workshops, residency programmes, publications, competitions, and open calls is subject to curatorial review and organisational criteria.

Submission fees, where applicable, are generally non-refundable unless otherwise stated.

Curatorial decisions are final.

10. Publications

SMS may publish digital or printed publications including exhibition catalogues, journals, newsletters, blogs, and the SMS E-Magazine.

Authors remain responsible for the originality and accuracy of submitted content.

SMS reserves editorial rights relating to formatting, proofreading, layout, and publication scheduling.

11. Shipping & Delivery

Shipping procedures are governed by the separate Shipping & Delivery Policy available on this website.

Delivery timelines are estimates only and may vary due to courier services, customs procedures, weather conditions, or other circumstances beyond our control.

12. Returns & Refunds

Artwork purchases, exhibition fees, membership fees, workshop registrations, publication purchases, and other services are governed by the respective Return & Refund Policy.

Please review those policies before making any purchase or payment.

13. Third-Party Services

Our website may include links to external websites, galleries, institutions, payment providers, social media platforms, or collaborators.

SMS is not responsible for the content, services, privacy practices, or policies of third-party websites.

14. User Conduct

Visitors agree not to:

  • misuse this website;

  • upload unlawful, offensive, defamatory, or misleading content;

  • interfere with website security;

  • infringe intellectual property rights;

  • attempt unauthorised access to systems or data.

SMS reserves the right to restrict or terminate access where misuse is identified.

15. Limitation of Liability

SMS shall not be liable for indirect, incidental, consequential, or special damages arising from the use of this website, participation in programmes, artwork purchases, shipping delays, or third-party services, except where liability cannot legally be excluded.

16. Force Majeure

SMS shall not be held responsible for delays, cancellations, or inability to fulfil obligations resulting from circumstances beyond reasonable control, including but not limited to natural disasters, pandemics, government restrictions, strikes, transportation disruptions, war, cyber incidents, or other unforeseen events.

17. Policy Updates

SMS reserves the right to modify these Terms & Conditions at any time.

Updated versions become effective upon publication on this website.

Continued use of the website constitutes acceptance of the revised Terms.

18. Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Republic of India.

Any disputes arising from the use of this website or services shall be subject to the exclusive jurisdiction of the competent courts in Kolkata, West Bengal, India.

19. Contact Us

For shipping-related enquiries, please contact:

SMS – Artistic & Socio-Cultural Organization

Kolkata, West Bengal, India

Email: smsgroupartist@gmail.com

Website: www.smsgroupartist.com

Last Updated: [05.08.2026]

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