STANDARD TERMS OF BUSINESS
1.1. The “Agency“ means the company Die ILLUSTRATOREN corinna hein GmbH, Güntherstrasse 51, 22087 Hamburg, Germany.
1.2. “Illustrator“ means the artist contracted and represented by the Agency.
1.3. “Client“ means any person or any entity entering into a contract with the Illustrator via the Agency with regard to the
creation, delivery and/ or use of illustrations (hereinafter referred to as “Assignment“).
1.4. “Work(s)“ means the illustration created by the Illustrator on behalf of the Client.
2.1. The Agency represents and provides Illustrators for national and international Clients.
2.2. By placing an order, the Client acknowledges that the Agency‘s Standard Terms of Business, valid as amended, shall apply to the
current assignment and any future transactions. The Standard Terms of Business shall apply in relation to the Agency and in relation
to the Illustrator as well. Dissenting Standard Terms of Business of the Client are hereby rejected, including in letters of
2.3. The Assignment relates to the creation and delivery of the Work and the grant of license(s) if applicable for the purposes
agreed-upon by contract.
2.4. It is expressly noted that the Agency represents the Illustrator and is not party to any contract entered into by the Client and the
Illustrator. All information and declarations are provided in the name and on behalf of the relevant Illustrator unless the declaration
is expressly provided on behalf of the Agency or apparently relates to the Agency and therefore to its interest only.
2.5. All offers are directed to commercial customers exclusively. By authorizing an Assignment, the Client confirms its status as a
3. OFFERS, FEES, PAYMENTS, CANCELLATION FEE
3.1. All offers are subject to change. All prices are understood to be in Euros to which the applicable value-added tax must be added.
3.2. Invoices shall be due on the invoice date without any deductions.
3.3. The artist´s social insurance contribution must be paid separately by the Client and is not included in the fee.
3.4. Additional costs or expenses caused by expanding or postponing the original Assignment, subsequent requests that differ from the
briefing, failure to provide products on time, errors in the laboratory, etc. shall increase the fee commensurately. Ancillary costs
incurred for the Assignment (e.g. costs of materials, technical costs, shipping costs, and travel costs and expenses) shall also be
borne by the Client and are not included in the fee.
3.5. If the Client ceases an assignment for reasons for which the Illustrator is not responsible before the Illustrator has started, the
Illustrator shall be entitled to charge a cancellation fee of 10 % of the total agreed-upon net fee, without the need to provide proof
of loss. The right to prove that the Illustrator actually suffered no loss or a smaller loss is reserved to the Client. The right to prove
that the loss was greater is reserved to the Illustrator. If an assignment, once begun, is not completed and the Illustrator is not
responsible for this, the Illustrator shall be entitled – in addition to any compensation for services already provided – to claim 10 %
of the agreed-upon net fee attributable to the portion of the services that have not yet been provided, without the need to provide
proof of loss. The right to prove that losses were higher or lower is reserved to the parties.
4. OWNERSHIP RIGHT, COPYRIGHTS AND RIGHTS OF USE, RESERVATION OF A RIGHT OF USE
4.1. All ownership and copyright rights to the original specimen of the Work and all intermediate stages shall remain with the Illustrator.
4.2. The Client shall be granted rights, under copyright law, to use the Work solely for the contractually agreed-upon purpose.
Any additional use shall require express written consent and must be compensated separately.
4.3. Without the express written consent of the Illustrator, these rights of use may not be transferred to any third party, in whole or in
part. In particular, the Client acquires no ownership of the delivered Work, unless the Illustrator sells the Work to the Client in
exchange for an additional sales fee.
4.4. Any type of copying, reproduction, modification, editing, disclosure to the public, transformation for purposes of reproduction on
other image carries, storage on other media, etc. shall require the express written consent of the Illustrator, to the extent that it is
not covered under the contractually agreed-upon use.
4.5. All rights to be transferred to the Client under the contract shall remain with the Illustrator until payment in full, including the part
of the fee which relates to the creation of the Work. Any prior use or disclosure is impermissible.
4.6. In case there is a prior impermissible transfer to third parties, the Client hereby assigns all claims against the third parties to the
Illustrator, who accepts the assignment.
4.7. If there is an unauthorized use, disclosure, or other non-sanctioned use, a minimum fee of twice the agreed-upon user fee shall be
due, subject to additional claims for compensatory damages.
5. SPECIMEN COPIES, SELF-PROMOTION, CREDITING THE ILLUSTRATOR
5.1. The Client shall send the Illustrator at least three specimen copies of every publication on its own initiative free of charge.
5.2. The Illustrator shall be entitled to use the Work for self-promotion, including publishing the Work on social media in this regard and
showing it as a sample of his Work, unless this would obviously infringe the interests of the Client or unless the parties expressly
agreed in writing that the Illustrator shall refrain from this kind of use.
5.3. The Illustrator shall have the right to be credited as the author, unless he expressly waived this right.
6. STORAGE OF DIGITAL DATA, SHIPPING, TRANSFER OF RISK
6.1. The Illustrator shall deliver the Work to the Client in digital form. The Client is hereby informed that the relevant digital data and
files will not be stored by the Illustrator after the end of the Assignment and therefore will no longer be available. The Illustrator
and / or the Agency are not liable for the security and availability of the digital data after the end of the Assignment. Therefore, the
Client itself shall insure that the delivered digital data and files are backed up.
6.2. The risk of accidental damage or loss shall pass to the Client as soon as the Work is delivered. If a physical Work is to be delivered the
risk of accidental damage or loss shall pass to the Client as soon as the Work is delivered to the shipper. This shall also apply if the
Illustrator performs the transport himself.
6.3. The shipment of the Work shall only be insured by the Illustrator at the express request and expense of the Client. In the absence of
any express instructions by the Client, the means of transport and the route shall be within the discretion of the Illustrator. The
Illustrator shall have no liability for using the least expensive and quickest mode of shipment.
7. DUTY TO INSPECT AND REPORT DEFECTS, LIABILITY FOR DEFECTS, LIMITATION PERIOD
7.1. The Illustrator shall produce the Work assigned to him in his own style, taking into account the details provided to him by the
Client`s Assignment of tasks and the layout.
7.2. The artistic design itself shall not constitute a defect.
7.3. Defects must be promptly reported in writing after receipt of the Work. Otherwise, after the expiration of three business days,
the Work shall be deemed to have been accepted in accordance with the contract, and liability for patent defects shall be excluded.
7.4. The limitation period for liability for defects is one year from delivery, unless a contract with private end customers is involved.
The reduction of the limitation period shall not apply to claims for death, personal injury or damage to health or in cases of grossly
negligent or intentional breach of contract by the Illustrator and/ or the Agency.
7.5. If the Work is proven to be defective, the Illustrator shall, at his option, correct the defect or deliver a new Work. The Client must
provide the Illustrator with the time and opportunity necessary for this purpose. Otherwise, the Illustrator shall be released from
his warranty obligations. Only if the correction or the new Work is not provided within a reasonable period of time due to the
Illustrator`s own fault or has ultimately failed, the Client shall have the right to rescind the contract in accordance with the
provisions of law, reduce the price or demand damages or reimbursement of expenses.
7.6. Any correction of the Work or replacement delivery shall be deemed as ultimately failed after two unsuccessful attempts, unless the
nature of the Work or the defects or any other circumstances provide for something different.
7.7. In any case, liability for defects shall be extinguished if the Client or a third party makes changes of any kind to the Work.
8.1. The Illustrator, the Agency, its representatives, employees, and agents shall be only liable, on whatever legal ground, for wrongful
intent and gross negligence, unless the matter involves liability for the breach of cardinal contractual obligations or damages arising
from the assumption of a procurement risk or a guarantee.
8.2. Except in cases of grossly negligent or intentional breach of contract, any liability shall be limited to those losses that were
reasonably foreseeable when the contract was entered into.
8.3. The foregoing limitations of liability shall not apply to culpable injury to life, limb or health.
8.4. Any liability for parts of the Work which are created or provided by the Client itself shall be excluded. In this case, the Client shall
be liable that no rights of third parties were infringed. The Client indemnifies the Agency and the Illustrator in this regard from any
claims of third parties. This indemnification shall include any legal costs.
9. DATA PROTECTION
9.1. The Client is hereby notified that the Agency and the Illustrator will process and store the personal data obtained through the
business relationship in accordance with the provisions of the German Data Protection Act (Bundesdatenschutzgesetz).
10. FINAL PROVISIONS
10.1. The Client is not entitled to assign claims against the Agency or the Illustrator to third parties without the Agency‘s express written
10.2. The Client is entitled to set off counterclaims against the claims of the Agency or the Illustrator only if the Client‘s counterclaim is
uncontested or has been determined to be valid by a court of law. The Client can only assert a right of withholding if the right is
based on claims arising under the same contractual relationship.
10.3. German law shall apply between the Client and the Illustrator as well as between the Client and the Agency, excluding the UN
Convention on Contracts for the International Sale of Goods.
10.4. The place of performance shall be Hamburg. The competent courts in Hamburg shall have exclusive jurisdiction over claims between
the Client and the Illustrator as well as between the Client and the Agency if the Client is a company, a legal entity under public law
or a public law special fund.
10.5. If individual provisions of these Standard Terms of Business should be or become invalid, this shall not affect the validity of the
remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the purpose and intent of the
Copyright DIE ILLUSTRATOREN corinna hein GmbH, 2015