Daud D commissions
Terms and conditions

1.- Quotation and confirmation1.1 These terms and conditions for freelance illustration work are valid for all quotations and all other concluded agreements. Any deviations on these terms and conditions can only be concluded in writing between client and contractor.1.2 All prices exclude VAT. Except for the PayPal fee or Stripe fee and the client is responsible for the payment of taxes in their respective country.1.3 The reported prices and offers are not automatically valid for future assignments.1.4 The client is responsible for the accuracy and completeness of the provided information on which the contractor calculates the quotation.1.5 Assignments will be confirmed in writing by the client. If the client fails to do so, but nevertheless agrees that the contractor starts executing the assignment, the terms of the quotation shall be deemed agreed and these terms and conditions apply. Any subsequent oral agreements and stipulations bind the contractor only after the contractor has confirmed in writing.2.- Work2.1 The contractor will make every effort to execute the assignment carefully and independently, to meet the interests of the client to the best of its ability and to strive for a useful result for the client, as a reasonable and professional operating curator can and should be expected. To the extent necessary, the contractor keeps the client informed about the progress of the activities.2.2 The client does all that which is reasonably necessary or desirable, such as timely providing complete, sound and clear information or materials, to support the timely and proper execution of the assignment by the contractor.2.3 One by the contractor specified period of execution of the assignment is indicative, unless otherwise agreed in writing.2.4 Complaints are notified to the contractor as soon as possible, but in any case, within then
working days after completion of the contract. If contractor receives none, then the client is
deemed to have fully accepted the result of the assignment.2.5 The assignment will be discussed by both parties, to generate a job description. The job description includes a clear description of the subject that needs to be illustrated. The client may wish to support the job description by providing examples and reference material. The job Description is recorded in the quotation and is the basis for the agreement.2.6 The time path is the delivery of sketches, followed by the client’s feedback and at most three (3) revisions (except doodles commissions). When the client wishes more revisions, the time for this will be charged.2.7 All results are delivered by e-mail. Or if clearly agreed upon, another method of delivery.
The client can give feedback by contacting the contractor (Email, Discord, Telegram, Twitter or Fur Affinity).2.8 If the contractor has received no feedback on his delivered results from the client before the feedback deadline, then the delivered results will be considered approved.
Subsequently the assignment is considered completed, or the relevant phase of the assignment is considered completed.3.- Adjustments and additional costs3.1 If feedback is provided after delivery of sketches, and this does not lead to more work, then the feedback will always be included in the further execution of the assignment.
Regarding requests for adjustments to the work already made & delivered the following applies:3.2 After delivery adjustments are made free of charge, if it comes to restoring "demonstrable errors" made by the contractor.3.3 Adjustments come at the expense of the client when they are based on new and/ or unclear information.3.4 Request for amendment, changes or revision regarding the work, can result in delayed deliveries. Delays of deliveries and their consequences are always at the risk of the client. The contractor cannot be held responsible for delays. except for demonstrable mistakes3.5 Contractor receives a fee from the client. This fee is based on the project and the license of use that is agreed upon. This fee is listed in the quotation.4.- Payment / Invoice4.1 The payment will be made in a single payment.4.2 The contractor is responsible for sending the client timely invoices.4.3 All deliverables remain the contractor’s property until all invoices are paid by the client.4.4 If the invoice is not paid within 30 days, the total fee payable will be increased by 10% and the client is obliged to pay this increased amount.4.5 If the client fails to pay within after a reminder about delayed payments, the contractor is entitled to cancel the execution of the assignment.4.6 These services are non-refundable after delivery and once you make the payment, you accept that you are satisfied with it.5.- Copyright5.1 Copyright to the illustrative work, made during the period of work and for the specified will always remain the contractor’s property, unless agreed upon otherwise.5.2 The contractor always has the rights, in case of publicity around or of the assignment, to have his name mentioned or removed. The contactor always has the rights to sign his work.5.3 The client is not permitted to publish or multiply results without preceding permission of the contractor.6.- License6.1 Once the client has fulfilled all his obligations as determined in the agreement, he acquires the right to use the results of the assignment in accordance to the agreed upon purpose and geographic area. If the purpose of use is not specified, then the license is limited to that use and that geographic area, for which the assignment was (obviously) given. The license of use is exclusive, unless is agreed upon otherwise.6.2 The client is without written permission not permitted to change the outcome of the assignment, nor to (re)use or apply it differently than intended, or to have this done by third parties. The contractor can set conditions for this permission, such as compensation.6.3 In case of a disagreed or different use, as well as alteration, mutilation or infringement of the provisional or outcome. his contractor is entitled to compensation for the infringement of his rights of at least three times the agreed upon total fee, or a fee that is reasonably and fairly proportional to the infringement committed, without any other right being lost.6.4 In the following situations, the client is no longer accepted to use the delivered results and all rights of use provided to the client for this assignment will be withdrawn, unless the consequences outdo the reasonableness fairness:
6.4.1 From the moment that the client doesn’t fulfill his (payment) obligations.
6.4.2 If the contract is prematurely terminated for reasons mentioned in article 13.
6.4.3 In case of bankruptcy of the client.6.5 The client also provides the contractor the right, to freely use the work as mentioned above, for the contractor’s promotion & publication purposes (for example; show the work in a portfolio or art book), at the earliest 1 month after the product arising out the project is released/published, when it has become evident that the project was abandoned or from the agreed date or time.7.-Cancellation of the contract7.1 When the client cancels the contract without there being culpable failure by the contractor, or when the contactor cancels the contract due to the shortcoming in the fulfilment of the agreement by the client, then the client, in addition to the fees and incurred costs, pays a compensation. The compensation is at least 30% of the remaining fee that the client must pay in case of fulfilment of the assignment.7.2 Behavior of the client based on which the contractor can no longer reasonably be expected to complete the assignment, will be considered as breach.7.3 In case of a reformulation of the briefing and assignment by the client, the contractor is entitled to terminate the contract and charge the incurred costs.8.-Liability8.1 The contractor cannot be held responsible in any way for advice that he gives, the choices he makes, or the consequences thereof.8.2 The contractor cannot be held responsible for accidentally spreading viruses, malware or other harmful programs, or the consequences thereof.8.3 When the contractor is asked to base his artwork on imagery specifically requested by the client, he cannot be held responsible for copyright infringements on that imagery, if any occur. When the contractor is asked to use fonts in his artwork, it is always the clients responsibility to make sure that he can also use those fonts in his project and has the approval of the copyright holder to do so.8.4 If by serious illness, injury, technical malfunctions, or other serious hindrance causing situations the contractor is unable to continue or finish his work, the agreement will from that moment on be considered completed as if under normal circumstances. The contractor will then immediately and permanently be relieved of his obligations; but will if deliver the artwork made so far. In return, the client is only obligated to pay part of the fee equal & in relation to the working days that the client worked so far.