Terms and Conditions
Article 1 - Definitions
• Illustrator: the person who creates the artwork;
• Client: the person, firm or company who commissions the artwork;
• Artwork: the artwork which is created from the job description.
Article 2 - Information supply
The Client shall co-operate with the illustrator in all matters relating to the artwork, providing an accurate and complete briefing, in order to make timely delivery of the artwork possible. This includes the supply of reference material, if needed.
The Illustrator shall use her/his best endeavours to obtain the desired result and to deliver the artwork to the client by the agreed date. The illustrator shall not be liable for any consequential loss or damages as a result of an incomplete brief.
Article 3 – Liability
The client releases the illustrator from liability in matters of copyright where this concerns reference material such as photo's, drawings etc. as supplied by the client, also where this concerns unintentional damage, loss or destruction of material and/or information supplied by the client.
The illustrator is not responsible for (printing) errors, occurring during the technical reproduction of the artwork.
Article 4 – Originality
The illustrator warrants that the work produced is original, unless resemblance is specifically required. Where resemblance is required, the client releases the illustrator from liability for claims made in this regard by third parties. The illustrator retains the right to use styles/ideas from work he/she created earlier.
Article 5 – Copyright
The copyright in artwork commissioned by the client shall be retained by the illustrator. 2. The client or the client's customer (where the client is acting as an intermediary) is granted a licence to reproduce the artwork solely for the purposes set out on the face of this acceptance of commission.
Article 6 – Ownership of artwork
The illustrator shall retain ownership of all artwork (including roughs and other materials) delivered to the client.The illustrator's original artwork shall not be intentionally destroyed, damaged, altered, retouched, modified or changed in any way whatsoever without the written consent of the illustrator. Unless the illustrator specifically transfers his rights in writing, the intellectual property which explicitly includes the copyright on the work, remains the illustrator’s. If the client publishes the illustrator's work without his/her permission for any purpose other than that which was agreed, then the client will pay a sum amounting to twice the agreed or normal fee.
Article 7 – Payment
Payment must take place within 30 days of the date of invoice. In the event of the client failing to make payment on time, he/she will pay interest on the invoiced fee in accordance with the interest rates determined by law and will also pay any non-judicial debt-collecting costs incurred, set at a minimum of 10% of the invoiced fee with a minimum of EUR 150,-.
In the event of additional work or unforeseen extension of work, additional fees may be negotiated between the client and the illustrator. Additional work or unforeseen extension of work as a result of changes made to the briefing will be paid on the basis of the illustrator's normal rates.
Article 8 – Promotion
The illustrator retains the right to use the artwork for his/her own promotional activities, with due observance of the clients’ interests.
Article 9 – Complaints
Complaints must be made in in writing and should be received within 8 days of receipt of the work.
The client who hasn’t properly examined the work on its correctness within eight days of receipt, is considered to have approved the work. Once the client or a third party, has used the work or part of the work or damaged the work the delivered work is considered to have been approved and complaints are no longer possible. If the client hasn’t made a complaint in writing within 8 days of receipt of the invoice, he shall be considered to have approved the invoice and reclamations are no longer possible. Complaints do not give the client the right to suspend payments or compensate.
Article 10 - Force Majeure
Force majeure means any independent circumstance outside of the illustrator’s will - even if this circumstance could have been foreseen at the time of the realisation of the agreement – that suspends permanently or temporarily compliance with the agreement, as well as and including war, riot, strikes, lockouts, transport difficulties, fire and other serious disruptions in the business of the illustrator. The illustrator is not liable for any costs if the agreement cannot be executed in whole or in part as a result of force majeure.
These terms and conditions are subject to the Dutch law. All differences or disputes between the parties touching the construction of this contract will be judged by an authorised judge in The Netherlands. By submitting an order with Phil Evans Illustration the client accepts these general terms and conditions as binding.