general terms and conditions
1. Commissioned illustrations
Involving personalized portraits, illustrations for commercial use, logos, corporate identities, etc.
General agreements
- Each project includes 3 rounds of feedback.This means that up to 3 times adjustments can be made based on feedback from the client. if more feedback is needed an additional fee can be charged.
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- Deadlines will be discussed in advance if necessary. Delays can be avoided by giving timely feedback on interim work. Delay caused by late feedback, which causes a postponement of the deadline, is therefore the responsibility of the client.
Modification or cancellation
- In case of additional work or delay due to changes in the assignment or the briefing, an additional fee will be determined in mutual consultation, based on the Illustrator's usual fees.
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- On cancellation of the job for whatever reason, the Client shall owe the full fee for all work done, unless it can be proven that the Illustrator has been negligent.
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- The client is not allowed to make changes to the illustration(s) without permission of the Illustrator. The client should give the Illustrator priority to make the desired changes. Changes that are necessary because of an altered or wrong order (briefing) will be charged for separately. Changes that are necessary due to an error made by the Illustrator will not be charged.
Name recognition
- The illustrator is at all times entitled to sign their work. In case of editorial use, an acknowledgement of name is a condition. In case of commercial use, an acknowledgement of name should be arranged in consultation with the client.
Payment
Payments must be made within 14 days of the invoice date. In case of default, all costs resulting from this (such as collection costs) shall be for the client's account.
Liability
- For all direct damage suffered by the client, directly related to or caused by the late or improper execution of the order, the liability of the designer is limited to the invoice amount for the order in question.
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- The designer will never be liable for any indirect damage, including delays in the normal course of business in the client's company, related in any way to or caused by an error in the execution of the work by the contractor, except in the case of intent or gross negligence.
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- The designer always has the right, if and to the extent possible, to undo the damage done by the client.
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- The designer is not liable for damage to or destruction of documents and data in general and during transport or dispatch by post, regardless of whether the transport or dispatch takes place by or on behalf of the client, the contractor or third parties.
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- The client indemnifies the designer against all claims by third parties (including intellectual property rights of supplied material) which are directly or indirectly, mediately or immediately related to the performance of the agreement.
Copyright and licence
- Unless otherwise agreed, the copyright remains with the illustrator.
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- If the client wishes to use the illustrations more often, in a reprint or in additional material, or wants to sell the work abroad, for example, the client will first contact the illustrator and agree on an appropriate compensation. This will be done through a license agreement.
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- Licenses may not be passed on or sold by the client. This can only be arranged directly with the illustrator through a license agreement.
2. Purchases of products
Other than personalized orders and projects as named above in part 1.
Offer
- All products other than personalized commissions are sold solely on the Etsy platform, the illustrators Instagram account @poesprint or at outlets named and designated by the Illustrator.
- Products may not be sold without the permission of the illustrator
Pricing and payment
- Illustrations commissioned are indicated exclusive of taxes. Any taxes will be mentioned on the invoice. Taxes are only applied to products that are printed.
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- Payments for commissions are made via iDeal, Paypal or bank transfer. The same applies to payment for products via Instagram. Payments on Etsy are made according to the Etsy regulation.
Name recognition
- Also on the products, the illustrator is at all times entitled to sign their work.
Copyright and licence
- The copyright of illustrations of products always stays with the illustrator.
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- Illustrations on products or products themselves may not be used for any purpose other than personal use unless otherwise agreed with the illustrator. In that case, a license is given.