1 Agreement, quote, and pricing
1.1. These General Terms and Conditions shall apply to all agreements, quotations, and deliveries of Het illustratiekabinet, unless otherwise agreed in writing.
1.2. Unless expressly stated otherwise, all offers are non-binding.
1.3. If the information provided by the client with the application or agreement proves to be incorrect, the contractor has the right to adjust the prices of the agreement.
1.4. If, after signing the quotation, the information provided by the client regarding the content of the assignment proves to be incorrect or inappropriate, the contractor has the right to refuse the assignment.
Unless expressly agreed otherwise, additional work will be charged.
1.6 Offers are valid for the period indicated in the offer. If no period is indicated, the offer is valid for 30 days from the date on which the offer was made.
1.7 Assignments will be confirmed in writing by the Client. If the Client fails to do so, but nevertheless agrees that the Designer may commence the assignment, the content of the quotation shall be deemed agreed upon, and these Terms and Conditions shall apply. Further verbal agreements shall only bind the Designer after they have been confirmed in writing by the Designer.
2 Payment/Billing
2.1 Payments must be made within 14 days of the invoice date. In case of default, all resulting costs, such as collection costs, will be borne by the client.
2.2. In case of failure by the client to meet their payment obligations, all rights transferred by the contractor to the client shall expire upon the expiration of the payment term. This also means that the client is not permitted to use the work made available to them (for reproduction purposes).
2.3. If the contractor is forced to perform more or different work due to the untimely or incomplete/unsound provision of data or materials, or due to a modified, incorrect assignment or briefing, this additional work will be compensated separately, based on the contractor's usual rates.
2.4. In the event of cancellation of the assignment, the client shall owe the full fee, unless demonstrable default by the contractor can be proven. The contractor shall do everything possible to adhere to the agreed delivery times, except for delays due to circumstances beyond their control.
3 Licenses/Ownership
3.1. The client receives an exclusive license to use the illustration or design when the client fully fulfills their obligations under the agreement with the contractor. The exclusive license pertains to the right of publication and reproduction in accordance with the purpose agreed upon in the commission.
3.2. The client is not permitted to use the design in any way other than as agreed, without the written permission of the contractor. In the event of use beyond what was agreed or any other use, including modification, mutilation, or impairment of the preliminary or final design, the contractor is entitled to compensation for the infringement of his/her rights. This compensation shall be reasonably and equitably proportionate to the infringement committed, without prejudice to the contractor's right to claim compensation for actual damages suffered.
3.3. When the license granted within the scope of the assignment expires, the client is no longer permitted to use the provided illustrations or designs: a. from the moment the client fails to (fully) meet their (payment) obligations related to the agreement, or is otherwise in default, unless the client's default is of minor significance in view of the entire assignment; b. if the assignment is terminated prematurely for any reason whatsoever. Unless the consequences thereof are unreasonable.
3.4. The contractor is free to use the design for their own publicity or promotion, provided that the client's interests are taken into account.
3.5. Copyright shall not be deemed to have been transferred when no provision has been made for the transfer of copyright.
3.6. The illustrator is entitled to have their name mentioned on or with the work or to have it removed, unless the assignment or the work does not lend itself to this. In case of commercial use, the attribution of the name will be arranged in consultation with the client.
3.7 Unless otherwise agreed, drawings, illustrations, designs, design sketches, source files, and other materials or files created by the contractor under the assignment remain the property of the contractor, regardless of whether they are delivered to the client or to third parties.
4.1 The client indemnifies the contractor/illustrator against claims relating to intellectual property rights on materials or data provided by the client, which are used in the execution of the assignment.
5.1 Dutch law applies to this agreement. Parties will initially attempt to resolve any dispute that arises through mutual consultation. Unless the parties have expressly agreed to arbitration in writing, the judge competent according to the law, or the judge in the district where Het illustratiekabinet is located, at the illustrator's choice, will take cognizance of disputes between the illustrator and the client.