terms & conditions
The contractor, in this case, Silvana Herrebout (@studiosilvana), registered with the Chamber of Commerce under KvK number 63006936, located at Kerkbuurt 142, 1156BP Marken, hereinafter referred to as "The contractor."
If you wish to use the illustrations, there are a number of general terms and conditions attached.
Pricing Agreements
The client and the illustrator must agree on a reasonable price beforehand. A quote is not necessarily binding, as unforeseen delays or additional work may increase costs unless explicitly agreed otherwise.
The price agreed upon by the client entitles them solely to the use of the illustrations as agreed. Additional use requires a predetermined fee. Unforeseen additional use at a later stage will also incur a fee, determined reasonably in consultation with the illustrator. If there is no agreement in this case, the illustrator is entitled to unilaterally set a reasonable fee.
If no territorial scope of the usage rights has been agreed upon, it is assumed to be limited to the Netherlands.
If no term for the usage rights (related to the publication period) has been agreed upon, it is assumed to be limited to 12 months.
Usage on Digital Platforms: The agreed usage rights cover only the platforms and mediums specified (e.g., website, social media, print). Additional usage, including but not limited to advertising, merchandise, or resale, must be explicitly agreed upon and may incur additional fees.
Copyright: All copyrights, including moral rights, remain with the illustrator unless a specific agreement for copyright transfer is made. Such a transfer will incur an additional fee.
Revisions Clause
The client is entitled to two rounds of revisions based on the initial brief. Any additional revisions will be billed at an agreed hourly rate.
Kill Fee
In the event of project cancellation by the client, the client agrees to pay a kill fee equal to 50% of the total project fee if cancellation occurs after work has started.
Invoicing
Payments must be made within 14 days of the invoice date. After this period, the client will owe interest equal to the statutory rate. If payment is not made, all resulting costs (such as collection fees) will be borne by the client.
Additional Costs
General terms for additional costs necessary to properly complete the assignment will be borne by the client. These include, but are not limited to, travel, research/documentation, consultation time between the illustrator and client on location, and any third-party costs. Travel costs are €0.21 per kilometer. A reasonably estimated amount for additional costs must be prepaid by the client to the illustrator. If an all-inclusive price has been agreed upon, this clause does not apply.
Payment in Installments
If the production time is expected to exceed 14 days, the illustrator is entitled to request installment payments based on the agreed price or calculated according to article 1.
Liability Waiver
The client indemnifies the illustrator from liability concerning copyrights for the reference materials provided by the client, such as photos, drawings, etc., as well as for any unintentional damage, loss, or destruction of materials or data provided by the client.
Credit
The illustrator is always entitled to sign their work. For editorial use, crediting the illustrator is mandatory. For commercial use, crediting should be agreed upon in consultation with the client.
Portfolio Use
The illustrator retains the right to showcase all work created as part of this agreement in their portfolio, on their website, and across social media for promotional purposes.
Cancellation of Assignment
In the event of cancellation of the assignment for any reason, the client is required to pay the full agreed fee unless demonstrable failure by the illustrator can be proven. The illustrator will (except in cases of delays due to circumstances beyond their control) do everything possible to meet agreed deadlines.
Reproduction Rights After Delivery
The client must return all sketches, whether approved or rejected, within 2 months of delivery to the illustrator and is not entitled to reproduce them in any form without written permission from the illustrator.
Storage Obligation
The client is required to return all delivered illustration work undamaged to the illustrator within 6 months of the delivery date unless ownership has been transferred to the client. The illustrator commits to keeping the mentioned work available for the client for up to 2 years.
Delivery Formats and Specifications
Final illustrations will be delivered in the agreed format(s) [list formats such as .PSD, .AI, .PNG, .JPEG]. Additional formats or adjustments may be subject to additional charges.
Modifications to Originals
The client is not allowed to make changes to the illustrations without the illustrator's permission. The client must first give the illustrator the opportunity to make the desired changes. Changes necessary due to an altered or incorrect assignment (briefing) will be compensated separately.
Loss and Damage
In case of loss or damage to the original work, the client is obliged to compensate the resulting damages to the illustrator.
Client Responsibilities
The client agrees to provide all necessary materials and feedback within the agreed timeline. Delays in providing feedback or materials may affect the project deadline and incur additional fees.
Proofs and Printed Copies
Where possible, the client will provide the illustrator with several proofs or printed copies of the work once reproduction has taken place, unless otherwise agreed.
Non-Compliance with Payment Obligations
If the client fails to meet their payment obligations as stated in article 2, all rights transferred to them by the illustrator will expire upon the lapse of the payment period. This also means that the client is not permitted to use the work provided to them for reproduction purposes.
Non-Exclusivity
Unless explicitly agreed upon, the illustrator reserves the right to create similar works for other clients or personal projects.
Disputes between Illustrator and Client
Dutch law applies to this agreement. The parties will initially try to resolve any disputes in mutual consultation. Unless the parties have expressly agreed in writing to arbitration, the court that is competent according to the law, or the court in the district where Belinda-illustration is located, at the discretion of the illustrator, will handle disputes between the illustrator and the client.