Delft, the Netherlands, 2016
Article 1: Introduction
Article 1: Introduction
The following terms and conditions are adapted from reliable sources such as the Dutch Chamber of Commerce (KVK) and AIGA, the professional association for design, to protect both the client and Illustration Lab during a working relationship. All work is carried out by Illustration Lab with the understanding that the client has agreed to the following terms and conditions.
When the noun “design(s)” is used, we refer to all types of graphic material that is designed by Illustration Lab. This includes, figures (i.e., the common term for graphics used in science), logos, and the layouts of presentations, flyers and posters.
Article 2: General
When several choices of designs are presented (e.g., during the presentation of concept figures – see Figure Design section), only one design solution or final design is deemed to be given by Illustration Lab as fulfilling the contract. All other designs remain the property of Illustration Lab, unless agreed in writing that this arrangement has been changed.
Article 3: Project Acceptance
At the time of proposal, Illustration Lab will provide the client with a written offer containing the estimated hours and costs (i.e., a quotation). At this time, the client will also be provided with a PDF file of these terms and conditions.
The client may send an email acknowledging acceptance of the quotation. Alternatively, the client may send back a signed scan of the quotation in the form of a PDF file. No work on a project will commence until acceptance of the quotation has been received by Illustration Lab. Acceptance of the quotation also binds the client to accept Illustration Lab’s terms and conditions.
Article 4: Rights and ownership
Rights: All final designs provided by Illustration Lab shall be for the exclusive use of the client other than for promotional use*. Upon payment of all fees, the following reproduction rights for all approved final designs created by Illustration Lab shall be granted to the client:
– Full transferable rights to brand identity.
– Full license to reproduce works through commercial printers.
Ownership: Upon full payment of the agreed fees, the client shall be entitled to full ownership of all final designs created during the project.
*Promotional use: Illustration Lab and the executing designer(s) retain the right to use the final designs in the promotion of the company and personal skills. Promotional use includes the publication in (online) portfolios, social media sites and curriculum vitaes. Public promotional use may only take place after the client has officially published the final designs or one year after delivery of the final designs to the client.
Article 5: Material supplied by client
By supplying (draft) images, text, or any other data to Illustration Lab for the inclusion in the requested designs:
– The client declares that it holds the appropriate copyright and/or trademark permissions.
– The client grants Illustration Lab permission to use this material freely in the pursuit of the designs.
The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
The client agrees to fully indemnify and hold Illustration Lab free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Article 6: Communication
Illustration Lab can be reached by telephone from Monday to Friday between 9am and 5pm GMT 1. If our line is busy, we strive to reply as soon as possible within 24h and a maximum of 48h. Video-calls (e.g., using Skype or Google Hangouts) are welcomed and can be requested by email.
Article 7: Payment schedule
For projects of 10 hours or less, the total amount is paid before the start. No work on a project will commence until we received the payment OR the client has sent us an official bank transfer.
When the total time of a project exceeds 10 hours, the client will make a 50 percent downpayment prior to work commencing. The remaining 50 percent is payable to the designer upon completion of the project, and before final designs are supplied to the client in high resolution.
Article 8: Cancellation
If after project commencement client communication (face-to-face, telephone, Skype or email) stops for a period of 180 days, the project can be cancelled. This means that the ownership of all copyrights shall be retained by Illustration Lab. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.
Article 9: Delayed payment
If after the project has commenced, subsequent invoices are not paid within 28 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 28 day period until the full amount has been received by Illustration Lab.
Article 10: Teamwork and third party contracts
The team of Illustration Lab consists of creative and scientific professionals with different expertises that may collaborate to increase the production efficiency and quality of all designs. All members of Illustration Lab are listed on the website (see About Us section) and can be involved in a project.
In all projects, the client only pays Illustration Lab for the agreed hours, and Illustration Lab may divide the hours among different team members. There will always be one chief designer that is on touch with the client from the start to the end of the project.
No project will commence on the assumption that third parties outside of Illustration Lab’s team might be required for project completion, unless agreed in writing that this arrangement has been changed.
Article 11: Confidentiality
The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
During and after the term of engagement, Illustration Lab acknowledges its responsibility to treat in complete confidence all the information related to the client’s research and ideas that have not been published yet.