1. Agreement, Quotation, and Confirmation

1.1 These general terms and conditions apply to all quotations and agreements between the client and the contractor, Stefan Smit (hereinafter referred to as “the illustrator”). Any deviations from these General Terms and Conditions can only be agreed upon in writing between the client and the illustrator.

1.2 Quotations are non-binding and valid for two months. Prices may change due to unforeseen circumstances. The stated rates and offers do not automatically apply to future assignments. All prices are in euros and exclude VAT, transport, and postage costs unless otherwise specified.

1.3 Assignments are confirmed in writing by the client. If the client fails to do so but agrees to the illustrator starting the project, the contents of the quotation will be considered agreed upon, and these General Terms and Conditions will apply. Verbal agreements and provisions only bind the illustrator once they have been confirmed in writing by the illustrator.

1.4 Verbal commitments, agreements, or arrangements with subordinates of the contractor, such as representatives and persons not in our employment, including intermediaries, do not bind the contractor unless such arrangements, commitments, or agreements have been confirmed in writing by an authorized representative of the contractor.

2. Sketch Phase and Design

2.1 At the start of the assignment, the number of revisions included in the price is agreed upon. In the sketch phase, major changes can be made, and in the elaboration phase, minor details can be adjusted. Except for a sample drawing, no revisions are included; only the provided drawing is delivered.

2.2 Deadlines, including interim deadlines, are agreed upon in advance through mutual consultation. Delays can be avoided by providing timely feedback on the interim sketches or elaborations. The responsibility for delays due to late feedback from the client lies with the client and may result in the postponement of the deadline.

3. Modification or Cancellation of Assignment

3.1 For additional work or delay due to modifications to the assignment or briefing, an additional fee will be determined through mutual consultation, based on the illustrator’s standard rates.

3.2 If the assignment is canceled for any reason, the client is liable for full payment for the work already completed unless there is demonstrable non-performance on the illustrator’s part.

4. Liability

4.1 The illustrator’s liability for any direct damage to the client directly related to or caused by untimely or improper execution of the assignment is limited to the invoice amount for the specific assignment.

4.2 The illustrator is not liable for any indirect damage, including delays in the normal course of business for the client, related to or caused by an error in the execution of the work by the illustrator, except in the case of intent or gross negligence.

4.3 The illustrator reserves the right to rectify any damage caused to the client, where possible.

4.4 The illustrator is not responsible for damage or loss of documents and data in general during transportation or postal delivery, regardless of whether the transportation or delivery is carried out by or on behalf of the client, illustrator, or third parties.

4.5 The client indemnifies the illustrator against all third-party claims (including intellectual property rights of supplied materials) directly or indirectly related to the execution of the agreement.

5. Copyright

5.1

1. Unless otherwise agreed, the illustrator retains copyright ownership.

2. The client, unless otherwise agreed, obtains the exclusive right to publish the illustrations in the specified publication upon payment.

3. If the client wishes to reuse the illustrations in a modified reprint, additional material, or other forms of expression, or sell them abroad, they must first contact the illustrator to negotiate additional compensation.

5.2 The name of the illustrator will be credited with the created illustration.

5.3 The illustrator reserves the right to use the illustrations for their website and portfolio.

5.4 When the layout of the book is not done by the illustrator himself, the illustrator must have insight into the book’s layout before it is printed.

6. Ownership

6.1 Unless explicitly agreed otherwise in writing, illustrations will remain the property of the illustrator.

6.2 The client is not allowed to alter or permit alterations to the illustrations without the illustrator’s permission.

7. Prices

1. All prices are in euros and exclude VAT, transport, and postage costs unless otherwise specified.
   
2. Additional costs. Additional costs include travel, research, documentation, consultation time between the illustrator and client on location, and any costs incurred by third parties. Travel expenses are €0.21 per kilometer. Additional costs will be included in the final invoice. If an all-in price is agreed upon, the above is not applicable.

8. Payment

1. The illustrator may require a down payment of up to 50% of the agreed amount upon entering the agreement.

2. All payments must be made without deduction, set-off, or suspension, within 14 days of the invoice date unless otherwise agreed in writing or specified on the invoice.

3. If the client fails to meet payment obligations, they are not permitted to publish or reproduce the work, or use it for other purposes.

4. The illustrator ensures timely invoicing. In consultation with the client, the illustrator may charge the agreed fee and costs as an advance, interim, or periodic payment.

5. If the client defaults on full or partial payment of the amounts due, they owe statutory interest and extrajudicial collection costs, amounting to at least 10% of the invoice amount, with a minimum of €150 excluding VAT.

6. The illustrator may suspend the execution of the assignment after the payment term has expired and the client has been given written notice to pay within 14 days, but fails to do so, or when the designer should understand by communication or behavior of the client that payment will not be made.

9. Disputes Between Illustrator and Client

This agreement is governed by Dutch law. Parties will initially attempt to resolve any disputes through mutual consultation. Unless the parties have expressly agreed in writing to arbitration, the competent court under the law or the court in the district where Made by STFN is located, at the discretion of the illustrator, will handle disputes between the illustrator and the client.