GENERAL TERMS AND CONDITIONS
01. Introduction and Definitions
1.1 All quotations of fees and all agreements entered into by Joris De Raedt (hereafter called the Illustrator), are subject to the current General Terms and Conditions of Work, except otherwise expressly agreed upon in writing.
1.2 These General Terms and Conditions of Work govern all the Works the Client could consign to the Illustrator including advice, information, management and supervision of the execution, inspection of documents, etc.
1.3 The Client’s General Terms and Conditions only apply if first explicitly accepted by the Illustrator in writing.
1.4 These General Terms and Conditions of Work are in conformity with the international regulations of ICOGRADA (International Council of Graphic Design Associations).
1.5.1 Graphic Work
Graphic Work includes: footage, photographs, illustrations, drawings, logos, typesetting, book lay-out, book design.
All phases or parts of the Graphic Work, the development of ideas and shapes with regard to visual communication.
The final form or materialisation of the ideas and shapes by means of sketches, rough drafts, drawings, originals, photos, footage, models, montages, etc.
1.5.4 Finished Works
The necessary fair drawings, working drawings, technical drawings, photographs, plans, etc. for the reproduction or execution of the design.
The copying or reproduction of the design using the Finished Works.
The use of the copied or reproduced design in time and space.
02. Quotation of Fee
2.1 A quotation of fee is valid for a certain period of time. In the absence of other indications, the conditions of the quotation shall be valid for a period of thirty (30) working days.
2.2 Basically, an assignment shall only be started after receipt of a written confirmation of order.
03. Delivery Times
3.1 The delivery times and dates are only valid to the extent that the Illustrator is in the possession of all necessary elements to be supplied by the Client enabling him to start and finish the assignment.
3.2 Any late delivery by the Illustrator can in no case cause cancellation of the contract or a claim for compensation.
3.3 The delivery times agreed upon are delayed to the extent that the Client failed to supply the elements.
04. Studies, Sketches, Finished Works
4.1 The studies, sketches and finished works are and remain the property of the Illustrator.
4.2 Each design shall be treated carefully and must not undergo any changes without the explicit permission of the Illustrator.
4.3 Only the Illustrator can make changes or alterations before or during the execution of the finished works and the execution of the reproduction.
4.4 The Illustrator’s signature cannot be moved or removed without his consent.
4.5 Unused designs or unreproduced finished works shall immediately be returned to the Illustrator in their original and perfect state.
4.6 The Illustrator maintains all rights to studies, sketches and finished works.
4.7 The finished work can be developed by the Illustrator only.
4.8 Subject to explicit and prior agreement and written permission, the finished works can be developed by the Client or another party. In this case and prior to their reproduction, the finished works shall be submitted to the Illustrator for approval.
4.9 The Illustrator decides in consultation with the Client about any cooperation with third parties such as: copy writers, illustrators, photographers, printing plate preparers, printers, who can be involved in the development and execution of the assignment.
4.10 The Illustrator does not discuss commissions of subcontractors unless otherwise agreed upon with the Client (see art. 5.6 and 11.6).
4.11 Before proceeding to reproduction or execution, the finished works are submitted to the Client for “approval to print” or “approval to produce” for which the Client also assumes full responsibility.
4.12 Proofs and prototypes shall be checked by the Illustrator before the Client gives the “OK to print” or “OK to produce”.
05. Intellectual Rights and Transfer or Cession of Rights
5.1 The Illustrator maintains the moral right to the entirety of his work including the studies, sketches and finished works.
5.2 The Illustrator maintains the material property of all his studies, sketches and finished works and all other rights thereto, except those which he explicitly ceded to the Client in writing.
5.3 Every transfer or cession of rights is limited. Only the right of reproduction and the right of use are transferred or ceded pursuant to the law and within the boundaries of the assignment.
5.4 In fact the Illustrator only gives the Client the right to reproduce and use the finished work within the boundaries of the contract.
5.5 Except otherwise determined in an explicit written clause, the Client is not entitled to:
— modify the finished works delivered by the Illustrator, nor to use them partly, unless otherwise agreed upon in writing;
— transfer the rights of reproduction and use to third parties.
5.6 Each reproduction or new edition, each usage of the works or the finished works other than the usage determined by the contract or publication on another format, is subject to prior written approval by the Illustrator.
5.7 In case of machine-print or machine-reproduction, the Illustrator shall receive at least ten (10) free copies in good state. Exceptions, such as de luxe editions are to be determined in advance by contract.
6.1 The Illustrator declares to deliver original and authentic work to the best of his abilities.
6.2 The Illustrator is only liable for the studies, sketches and finished works he has developed himself or which were developed under his absolute direction and supervision.
6.3 The originals and/or documents entrusted to the Illustrator shall be treated by him with the utmost care. The Illustrator refuses all liability for loss or damage. At the written request of the Client, he can have highly valuable documents covered by an insurance, of which the insurance premium shall be paid by the Client.
6.4 The Illustrator is not liable for the defects, nor for the negligence or other mistakes committed by co-workers or subcontractors as referred to in art. 4.9, nor for defects in production, reproduction and print or in distribution.
6.5 The Illustrator is only accountable for direct damage up to maximum 15000 euros for each insurance claim.
07. Suspension or Breach of Contract
7.1 The Client can only break the contract unilaterally provided that he compensates the Illustrator, pursuant to art. 1794 of the Belgian Civil Code, without prejudice to the claim and any interests.
7.2 If the Client considers that the delivered design does not comply with the assignment, the Illustrator shall invoice at least half of the total fee, increased by the costs already incurred.
8.1 Each complaint or objection shall be lodged by registered mail within eight (8) days after receipt of the services or works.
8.2 Each complaint or objection after receipt of the invoice shall also be lodged by registered mail within eight (8) days.
8.3 If, with the consent of the Client the work can be continued to a following phase or can be brought in production or reproduction, this is considered a consent by both parties.
9.1 The Client can secure the Illustrator’s exclusive cooperation for a limited duration by means of a written contract.
9.2 In this case however, the Illustrator maintains all his intellectual property rights to his work, except should he have explicitly ceded or transferred them in writing to the Client.
10.1 The Client and the Illustrator both agree to maintain the confidentiality of the content of the confidential internal trade secrets and information they share with each other for the purpose of the assignment.
10.2 The Client is supposed to give permission to use all information and documents procured to the Illustrator.
11. Fees, Remunerations and Expenses
11.1 After the first discussion between the Client and the Illustrator concerning a possible assignment, each subsequent consultation, advice or other service shall be remunerated.
11.2 The payment of fees for the services provided is independent of the right of reproduction and the remuneration to be agreed upon for this right.
11.3 The remunerations due for the transfer or cession of the rights of reproduction and use, only remunerate the rights transferred within the boundaries of the conditions determined in art. 5 of these General Terms and Conditions of Work and Delivery. This means that the remunerations only cover the rights of reproduction and use of a publication limited to the determined number of copies, format, etc.
11.4 The remunerations for the transfer or cession of rights are due upon delivery of the finished works. Essentially, the remunerations are due after each phase is completed.
11.5 If not included in the fee, any expenses for the development of designs and the finished works, such as the costs of typesetting, photo prints, photographs, touching up, etc. shall be invoiced separately. These costs shall be charged to the Client on the basis of the amount of the invoice.
11.6 Services shall be invoiced separately on the basis of an hourly rate.
11.7 Each modification to the details by the Client made in the course of the Works, as well as each modification to the right of use involves a review of the initial fees and remunerations agreed upon.
11.8 Co-workers such as copywriters, graphic designers, other illustrators, photographers and technical workers such as type setters, printing plate preparers and printers can invoice their work directly to the Client after supervision by the Illustrator and accompanied by an order form signed by the Client.
11.9 Non or late payment of the Illustrator’s invoices by the Client can cause all works to be stopped, without prejudice to all rights to compensation or cancellation of the Contract.
11.10 Non-payment on the expiry date obliges the Client legally and without notice to pay an interest on the amount due, determined by the discount rate of the National Bank of Belgium, increased by 2% but with a minimum of 20%.
11.11 If no payment is made within fifteen (15) days after a reminder was sent by registered mail, then the debtor is liable to pay an additional compensation, conventionally and without prejudice determined at 10% of the amount due, with a minimum of 500 EUR, on the application of art. 1147 of the Belgian Civil Code.
11.12 Disputes between the Client and the Illustrator of whatever nature do not entitle the Client to suspend payment of the fees.
11.13 The person acting as the Client or as his delegate and who acts in the name of another person or in the name of a company, is personally liable to the Illustrator should this other person or this company refuse or not approve or not proceed to the execution of the agreement.
12.1 Only the courts of the district where the Illustrator’s registered seat is located are competent to settle any disputes.
Subject to any changes and/or additions.
© BGV non-profit association 1991