Terms and conditions
General
These General Terms and Conditions have been drawn up for situations in which “works”, “illustrations” or “projects” of this website or other designs of Stutpak, hereinafter referred to as “Contractor”, are used, reused or otherwise published. When accepting or (re) using a published or unpublished design, the client automatically agrees to these General Terms and Conditions.
1. Activities
The contractor is completely independent in the performance of the agreed work.
The work is performed at the discretion and without supervision of the client. The contractor is therefore free to achieve the agreed result within what has been agreed.
The contractor can have the agreed work carried out in whole or in part by a third party, provided it has communicated this to the client in advance and the client has given his or her permission. The client can only refuse his or her consent if the third party does not meet a number of objective criteria agreed in advance between the parties.
In case of absence due to illness or otherwise, the contractor must arrange for a replacement himself. If this is not possible, it will be determined in mutual consultation whether the activities will lapse or take place at a different time. All this will be immediately confirmed in writing by the client.
Agreements about (interim) deadlines are agreed in advance in joint consultation. Delays can also be prevented by providing timely feedback on sketches or elaborations submitted in the meantime. The responsibility for delays caused by a late response from the client, therefore lies with the client, and may mean a delay in the deadline.
At the start of the assignment it is agreed how many improvement rounds will be included in the price.
2. Verbal commitment
Verbal promises by, or agreements or agreements with subordinates of the contractor, such as representatives and the persons who are not employed, including intermediaries, do not bind the contractor until these arrangements, promises or agreements have been confirmed in writing by an authorized representative of the contractor.
3. Payment
Payment for each individual project will be agreed via a price indication or quotation. All prices are in euros and exclusive of VAT, transport costs and postage, unless stated otherwise on the specification.
In the event of additional work or unforeseen delay, the client and the contractor will jointly determine an additional payment.
In the absence of timely payment, the client will owe interest on the net invoice amount from the invoice date, equal to the statutory interest.
The contractor can demand an advance payment for long-term projects.
Payments must be made within 30 days of the invoice date. If the client does not fulfill his or her payment obligations, then he or she is not allowed to publish / multiply the work.
4. Use after completion and materials
The contractor has the right to show its work through other channels without the permission of the original client, including work in progress images.
The client is not permitted, without the consent of the contractor, to make or have made changes to the delivered products.
All preparation materials, visual and sketches, including the electronic files used to create the project remain the property of contractor.
5. End of the agreement
The client and the contractor can terminate this agreement prematurely at any time. Immediately after the decision has been taken, one party shall notify the other in writing.
In the event of cancellation of the assignment for whatever reason, the client owes full payment, unless there is demonstrable breach of contract on the part of the contractor.
6. Royalty
The contractor is at all times entitled to sign its work. In case of commercial use, attribution must be arranged in consultation. Attribution is a precondition for editorial use. If this condition is not met, the amount due for publication rights will be increased by 100%.
The copyright on the material that the contractor designs during the execution of the agreed work remains with the contractor or is transferred to the client for an additional fee.
If the client wishes to use the illustrations more often, in a reprint or in additional material, or if he wants to sell them abroad, for example, the contractor will first be contacted about this and a fee can be agreed for this.