Terms of service.
1. Applicability
These general terms and conditions apply to all quotes, assignments, and agreements between Science Palette (hereinafter referred to as "the Illustrator") and the client (hereinafter referred to as "the Client"), unless otherwise agreed upon in writing.
2. Services and Deliverables
The Illustrator provides bespoke illustrations and design services for scientific purposes. Deliverables include traditional illustrations and digital art.
All works are delivered in a format and resolution as agreed upon in writing with the Client. Please note that traditional illustrations may be less suitable for large-scale printing. Illustrations will be sent as scans via email.
3. Quotes and Payment
All quotes provided by the Illustrator are non-binding and valid for 30 days from the date of issue. Prices exclude VAT (BTW) unless otherwise stated.
The Illustrator’s workflow consists of the following phases with defined feedback milestones to ensure the final work meets the Client's expectations:
Phase 1: Concept & Sketches. Upon acceptance of the quote and receipt of a 50% down payment, the Illustrator will begin developing conceptual sketches/basic drawings. These will be presented to the Client for review.
Phase 2: Development & Feedback. Based on feedback from the sketches, the Illustrator will further develop the illustrations. Intermediate digital previews (photos/scans) will be provided for review.
Phase 3: Finalization & Delivery. After final approval of the developed illustrations, the Illustrator will deliver the digital files. The remaining 50% of the invoice amount must be paid upon delivery.
Payment must be made within 7 days of the invoice date, unless otherwise agreed upon in writing. In the event of late payment, the Client shall be liable for statutory interest.
If the Client fails to pay within the specified period, they are legally in default. The Illustrator then reserves the right to:
Suspend all current work for the Client until payment is received.
Charge statutory interest as well as extrajudicial collection costs (conform the Dutch 'Besluit Vergoeding voor Buitengerechtelijke Incassokosten')
4. Rights and Usage
The Illustrator retains copyright of all delivered works at all times.
The Client obtains a non-exclusive right of use (license) for the specifically agreed-upon purpose, as specified in the quote (e.g., publication in, single print run). This means the illustrations may only be used for this established purpose.
Extension of Use (Licensing): If the Client wishes to use the delivered illustrations for purposes not explicitly mentioned in the initial quote (including, but not limited to: digital use on websites/social media, marketing and promotional campaigns, merchandise, prints, apps, or other commercial exploitations), explicit written consent must be obtained from the Illustrator in advance. A separate licensing fee will be agreed upon for such additional rights. The amount of this fee depends on the nature, duration, and scope of the additional use.
Attribution: Attribution (credit) to the Illustrator is a standard part of the agreement and must be included with every use of the illustrations, both in the book and in all other applications (online, in marketing materials, on products, etc.). The Client is responsible for ensuring correct attribution as agreed.
Restrictions: Works may not be reproduced, resold, edited, modified, or otherwise commercially exploited for purposes outside the initial agreement without prior written consent from the Illustrator.
The license and right of use are granted under the suspensive condition that the Client has fulfilled all financial obligations towards the Illustrator. Use of the work before full payment is received constitutes an infringement of copyright.
5. Revisions and Additional Work
The agreed price includes a maximum of two revision rounds per illustration, organized as follows:
Concept and Sketch Phase: After the presentation of initial concepts/basic sketches, one revision round is included to process feedback and make adjustments.
Final Development: Once the illustrations are fully developed and presented for approval, a second revision round is included for any final minor adjustments.
Feedback moments initiated by the Illustrator to verify the accuracy of the work (e.g., for anatomical or technically precise illustrations) are included in the agreed price and do not count as a revision round.
Costs for Extra Revisions and Changes: Requests for changes that fall outside the originally agreed scope of the project or are substantial in nature (such as a complete change in style, a modified concept after the sketches have been approved, or adding new elements) are considered additional work. Depending on the extent of the change, an additional fee will be charged, subject to prior agreement.
6. Confidentiality and Data Protection
The Illustrator will treat all information provided by the Client confidentially, in compliance with applicable privacy legislation. Sensitive data will only be retained as long as necessary for the project and will thereafter be securely destroyed or erased.
7. Delivery Deadlines
Delivery deadlines are established in consultation with the Client. Emergency assignments are possible under certain conditions and will be subject to a higher rate. In the event of force majeure (including but not limited to: illness of the Illustrator, technical failure of equipment, fire, or theft), the Illustrator’s obligations shall be suspended for the duration of the situation.
If a situation of force majeure lasts longer than the deadline and extension is not possible, both parties have the right to dissolve the agreement in writing. In such cases, work already performed will be settled proportionally, and neither party will owe the other any compensation for damages.
8. Termination of the Agreement
If the Client cancels the agreement after the project has started, the Illustrator reserves the right to charge for work already performed. The Illustrator may terminate the agreement if the Client materially defaults on their obligations and fails to remedy such default within a reasonable period after a written notice of default.
9. Liability and Indemnification
The Illustrator shall perform the work to the best of their ability and in accordance with the standards of the profession. The Illustrator's liability is limited to the fulfillment of the correction of errors as described in the complaint procedure (Article 11).
The Illustrator is not liable for any indirect or consequential damages, including but not limited to: lost profits, loss of savings, business interruption, or damages to third parties (such as publishers or printers).
Specifically, the Illustrator is not liable for:
Errors arising from incorrect, incomplete, or late information provided by the Client.
Errors in the work that were present in the sketches or concepts approved by the Client during the feedback rounds.
Technical issues or color deviations caused by third-party software, printing processes, or hardware of the Client.
Misinterpretation of the scientific content by third parties, provided the illustration was approved by the Client.
In all cases, the Illustrator’s total liability for any reason shall be limited to the amount paid by the Client for the specific assignment that caused the damage.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the Illustrator.
11. Complaints (Klachtencausule)
Complaints regarding aspects of the work that were explicitly approved by the Client during the scheduled feedback rounds (e.g., sketches, anatomical accuracy checks) are not considered justified. A complaint does not suspend the Client's payment obligation. If a complaint is justified, the Illustrator will have the opportunity to improve or replace the work.
11. Disputes and Governing Law
This agreement is governed exclusively by Dutch law. Any disputes shall, in the first instance, be submitted to the competent Dutch court in the district where the Illustrator is established.