Terms and conditions
General
These General Terms and Conditions govern the use, reuse, and publication of all works, illustrations, projects, or other designs created by Stutpak, hereinafter referred to as the "Contractor." By accepting or using any published or unpublished design, the client, hereinafter referred to as the "Client," automatically agrees to these General Terms and Conditions.
1. Scope of Work
The Contractor operates as an independent service provider in the performance of all agreed work. The Contractor is free to determine the approach and methods necessary to achieve the agreed result, without oversight or direction from the Client.
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The Contractor reserves the right to subcontract all or part of the work, provided the Client is informed in advance and grants consent. The Client may only withhold consent if the subcontractor fails to meet pre-agreed objective criteria.
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In case of illness or other circumstances preventing the Contractor from completing the work, the Contractor will endeavor to find a suitable replacement. If no replacement is available, a mutual agreement will be made regarding postponement or cancellation of the work, which will be confirmed in writing.
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Deadlines are established in consultation with the Client, and timely feedback is essential to avoid delays. If the Client causes delays by failing to provide feedback, the Contractor shall not be held responsible for the resulting deadline shift.
2. Revision Rounds
The number of revisions or improvement rounds will be clearly agreed upon before work commences. Any revisions beyond the agreed number will be subject to additional charges.
3. Verbal Commitments
Verbal agreements or promises made by employees, representatives, or intermediaries of the Contractor do not bind the Contractor unless confirmed in writing by an authorized representative.
4. Payment Terms
The agreed price for each project will be outlined in a price quotation, which may include details of VAT, transport costs, and postage, where applicable.
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For long-term or complex projects, the Contractor reserves the right to request advance payment. In cases where additional work is required or unforeseen delays arise, the Contractor and Client will discuss and agree on any necessary additional payments.
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Payments must be made within 30 days of the invoice date unless otherwise specified. In the event of late payment, the Client will incur statutory interest charges from the invoice date until the amount is paid in full. If the Client fails to meet payment obligations, they will forfeit the right to use or publish the Contractor’s work.
5. Intellectual Property and Usage Rights
he Contractor retains ownership of all preparatory materials, sketches, and electronic files created during the project. The Client is granted usage rights for the final deliverables only, which are specified in the project contract.
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The Client is not permitted to modify, alter, or commission modifications of the Contractor’s work without prior written consent.
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After completion, the Contractor has the right to showcase the work (including work-in-progress images) in a portfolio, on websites, or through other channels for self-promotion purposes, unless otherwise agreed.
6. Copyright and Licensing
All works created by the Contractor remain the intellectual property of the Contractor unless otherwise agreed upon for an additional fee. The Contractor reserves the right to sign or otherwise attribute their work. Attribution is mandatory for editorial use. Failure to provide proper attribution may result in a 100% increase in the licensing fee.
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If the Client wishes to reuse or redistribute the illustrations in any additional format or material (such as reprints or international distribution), a separate agreement will be made, and an additional fee may apply.
7. Termination of Agreement
Both the Client and Contractor may terminate the agreement at any time with written notice. In the event of termination, the Client will be liable for full payment of all completed work and any work in progress, unless there is evidence of a breach of contract by the Contractor.
8. Liability
The Contractor is not liable for any indirect, incidental, or consequential damages arising from the use of the work. The Contractor's total liability under this agreement will not exceed the total fees paid by the Client for the services provided.
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The Client is responsible for obtaining any necessary permissions or rights to use third-party materials (e.g., stock images, fonts, etc.) provided to the Contractor for inclusion in the project.
9. Confidentiality
Both parties agree to keep all confidential information, including business practices, designs, and project specifics, private and shall not disclose it to third parties without prior consent, except as necessary for the completion of the project.
10. Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the matter amicably before taking legal action. Should legal action be necessary, it will be governed by the laws of The Netherlands and resolved in a court within that jurisdiction.