Terms and Conditions
1. SKETCH PHASE AND DEADLINE
a) At the start of the assignment, the client has seen the most recent pricing's and is aware of the proces of the assingment. Sofie will make sure the client gets the right information.
b) Agreements about (interim) deadlines are agreed in advance in joint consultation.
c) Agreements for an assignment are recorded in writing in a separate assignment agreement that is signed by both parties.
d) Set pricing cannot change during the project. This to protect the client as well as to protect the illustrator.
Delays can also be prevented by giving timely feedback on sketches or elaborations that have been supplied in the interim. The responsibility for delays incurred by a late response from the client therefore lies with the client, and may mean a shift of the deadline.
2. CHANGE OR CANCELLATION
a) In the event of additional work or extension as a result of a change in the assignment or a change in the briefing, an additional cost will be determined jointly on the basis of the fee customary for the illustrator.
b) If the assignment is canceled for whatever reason, the client will owe full remuneration for the work already done, unless there is demonstrable breach of contract on the part of the illustrator.
3. CHANGES IN ILLUSTRATIONS
The client is not allowed, without the permission of the illustrator, to make changes to the illustrations or to let a third party make changes in an illustration.
4. NAME MENTION
The illustrator's name must be stated appropriately and clearly whenever the illustration is on display.
5. PROPERTY RIGHT
a) Unless otherwise agreed in writing, the property rights and paper originals remain the property of the illustrator.
b) Unless agreed otherwise in writing, the client obtains the exclusive right by payment to use the illustrations for agreed purposes.
c) If the client wants to use the illustrations more often, in a reprint or in additional material or other purposes, or if he wants to sell to abroad, the illustrator will first be contacted about this and a fee can be agreed for this.
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6. LIABILITY
1. For all direct damage of the client that is directly related to or caused by late or improper performance of the assignment, the liability of the contractor is limited to the invoice amount of the assignment concerned.
2. For all indirect damage, including delay in the normal course of business in the client's company, which is related to or caused by an error in the performance of the work by the contractor (with the exception of intent or gross negligence by the contractor) it is never liable.
3. The contractor always has the right, if possible, to undo the damage of the client.
4. The contractor is not liable for damage to or destruction of artworks and data during transport or during dispatch by post, regardless of whether the transport or dispatch is carried out by or on behalf of the client, contractor or third parties.
5. The client protects the contractor against all third-party claims (including intellectual property of material supplied by the client) that are directly or indirectly connected with the execution of the agreement.
6. Illustrator is not liable for non-compliance with orally agreed agreements. Therefore, agreements must be recorded in writing.
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7. EXCLUSIVITY
The illustrator guarantees that the work delivered is original. Also, the illustrator will not sell the illustrations to third parties, for at least 3 years, unless otherwise agreed or in consultation.
8. PAYMENT
1. Payments must be made within 14 days of the invoice date. If the client does not meet his payment obligations, he is not allowed to publish / multiply the work.
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9. JURISDICTION
Dutch law applies to these conditions.