Terms & Conditions

(acc to guidelines provided by Illustratoren Organisation e.V.)

These Terms and Conditions apply to all contracts between the Illustrator and the Customer exclusively. Any agreements to the contrary, in particular conflicting terms and conditions, require the Illustrator’s written consent. The Terms and Conditions apply to all business transactions relating to this project, including those concluded verbally, in particular by telephone.

The services to be provided by the Illustrator are subject to copyright protection. The provisions of the Copyright Act apply. The payment of a working fee alone does not entitle the customer to use the work. This requires a separate agreement on the granting of rights of use and appropriate remuneration.

Confirmations or minutes of meetings submitted by the Illustrator are binding unless the Customer objects immediately. The Illustrator is entitled to use third parties to fulfill the contract. In this case, the Illustrator will acquire the rights of use and other rights of third parties to the extent owed to the Customer and transfer them to the Customer.

Changes to the content that are not listed in the offer or summary, as well as correction rounds that exceed the number of correction rounds listed in the offer, will be charged at the hourly or daily rate of the commissioned illustrator after prior consultation.
The remuneration is made up of

  1. the design fee (layout / sketch and concept)
  2. the artwork fee (final artwork and provision of all required file formats)
  3. the transfer of rights of use.

The claim to remuneration for any rights of use granted shall arise irrespective of whether and, if so, to what extent the client makes use of the rights of use. The fees are net amounts, which are to be paid plus the applicable value added tax.

All activities performed for the client, including presentations, layouts, sketches and reproducible files, are subject to payment. Payment is due upon delivery. It is payable without deduction. If the contract is terminated prematurely, the Illustrator shall retain at least the claims to the work performed at the time of termination of the contract.

This includes
1/3 to the design fee,
1/3 to the work drawing remuneration and
1/3 to the rights of use.

The client shall be in default with an outstanding invoice in whole or in part if he has not paid it within 28 days of delivery, without the need for a reminder.
If the client does not use the services to the agreed extent, he shall not be entitled to a reduction or refund of the remuneration. The Customer is only entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been recognized by the Illustrator.

Where agreed, only rights of use are granted to the illustrator’s work or services. Ownership of all drafts (sketches, layouts) and work drawings (final art) that she creates or has created is not transferred. The drafts provided to the Customer are intended solely to facilitate the Customer’s decision-making process and for internal use by the Customer and the Illustrator. No further rights of use are transferred to the Customer. Unless expressly agreed otherwise, any further contractual transfer of rights of use relates exclusively to the accepted work drawing. The services may only be utilized to the extent agreed for the order or resulting from the purpose of the order. The transfer of granted rights of use to third parties requires the illustrator’s consent. The illustrator is entitled to information about the scope of use. Suggestions made by the Customer or other cooperation on the part of the Customer do not constitute any (co-)rights of the Customer. Rights to the illustrator’s services, in particular rights of use, are not transferred to the customer until the illustrator has received full payment of the entire remuneration relating to the order. The illustrator has the right to sign his work and to be named as the author on reproductions. The Illustrator is not obligated to retain the work thereafter. In particular, the Illustrator is not obligated to retain and/or return to the Customer any work files created by computer. If the Customer wishes to retain and/or return files, this must be agreed and paid for separately. All services rendered by the illustrator may be used without restriction by the illustrator for the purpose of self-promotion, unless expressly agreed otherwise.

The customer is obligated to provide the illustrator in a timely manner with all information and data material necessary for the provision of the goods and services in a commonly used format. The Customer shall ensure that the Illustrator obtains the rights necessary to use these documents. The customer is also obligated to inform the illustrator, without being requested to do so, of circumstances that may be significant for the provision of the illustrator’s goods and services and of which the customer can recognize that they are unknown to the illustrator. The documents provided will only be stored and returned to the Customer if this is expressly agreed and only at the Customer’s expense and risk.

Before the start of production, the work drawings, data, drafts or other templates must be approved in writing by the client.

Compliance with agreed delivery dates is subject to all technical questions being clarified, documents to be supplied by the client, approvals, services to be rendered and other obligations of the client being available or fulfilled in good time. If this does not occur, the delivery deadline will be extended by a reasonable period of time. The Illustrator’s delivery obligations are fulfilled as soon as the work and services have been dispatched. If the failure to meet an agreed delivery deadline is due to force majeure, labor disputes, fire, machine breakdown, telecommunications failures, computer failures, serious illness, unforeseen obstacles or other circumstances for which the Illustrator is not responsible, the delivery period will be extended for the duration of such events. This applies accordingly in the event that the Illustrator is in default of delivery upon the occurrence of one of these events.

The illustrator enjoys creative freedom in the artistic realization of the order placed with her. If her illustration does not meet the Customer’s taste or if her style does not meet the Customer’s expectations, this alone does not constitute a defect in her services. The Customer’s warranty rights require that the Customer has inspected the work and services delivered by the Illustrator immediately upon receipt, but in any event prior to further processing, and has notified the Illustrator of any defects immediately upon discovery. Minor color deviations in the print results from the screen display or computer printout are due to technical reasons and do not constitute a defect. If the Illustrator is responsible for a defect, the Illustrator is initially entitled to subsequent performance within a reasonable period of time. If subsequent performance fails, the Customer shall be entitled, at its option, to rescind the contract or demand a corresponding reduction in payment (abatement) after the unsuccessful expiration of a reasonable period of time set by the Customer for subsequent performance. Subsequent performance shall be deemed to have failed if the defect has not been remedied even after the second attempt at subsequent performance. The Illustrator is liable for damages – regardless of the legal grounds – only in the event of willful misconduct or gross negligence, including willful misconduct or gross negligence on the part of its representatives or vicarious agents. To the extent that the Illustrator has not intentionally breached the contract, liability for damages shall be limited to foreseeable, typically occurring damages. If the Illustrator merely passes on the services of third parties (e.g. photographers, service providers) to the Customer, the Illustrator’s liability is limited to fault in selection. Liability for computer viruses is excluded unless the Illustrator acts with intent or gross negligence. The Customer assumes the obligation to verify the legal admissibility of the services rendered by the Illustrator. If the illustrator’s services infringe the rights of third parties or are otherwise unlawful because they are based on unlawful specifications and/or templates provided by the customer, the customer alone is liable in the internal relationship. The Customer must notify the Illustrator of all resulting damages, including the reasonable costs of legal defense, as soon as the Customer obtains positive knowledge thereof. This liability provision applies in particular to factual statements or other materials provided to the Illustrator by the Customer; the Customer is equally liable for ensuring that all rights of use and exploitation and any other necessary rights to the materials provided by the Customer are available to the extent required. Responsibility for content that the illustrator places on the Internet on behalf of the customer lies exclusively with the customer in the internal relationship. If claims are asserted against the Illustrator, for whatever reason, as a disruptive party or responsible party within the meaning of the Teleservices Act or the Interstate Treaty on Media Services or other standards, the Customer shall indemnify the Illustrator against any claims asserted by third parties. To the extent that the Illustrator’s liability for damages is excluded or limited under the foregoing, this shall also apply with respect to the liability of her employees, workers, freelancers, representatives and vicarious agents.

The customer shall provide the illustrator with five perfect, unfolded samples of all reproduced work free of charge. The Illustrator is entitled to use these samples for the purpose of self-promotion.

The parties agree that the place of performance and, to the extent permitted by law, the exclusive place of jurisdiction shall be the Illustrator’s place of business. The law of the Federal Republic of Germany shall apply exclusively.

Amendments and supplements to the contract must be made in writing to be effective. The same applies to changes to the written form requirement. The invalidity or ineffectiveness of individual provisions of the contract shall not affect the validity of the remaining provisions. The same applies to loopholes. The invalid provisions or loopholes shall be replaced by a legally possible provision that comes as close as possible to what the contracting parties intended or would have intended according to the meaning and purpose of the contract.

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