Terms and Conditions

Luckham Creative subscribes to the Code of Ethics and Professional Practices established by the Society of Graphic Designers of Canada (GDC), the American Institute of Graphic Arts (AIGA) and the International Council of Graphic Design Associations (Icograda). This includes their recommendations in regards to intellectual property rights and speculative practices. Thus, Luckham Creative retains ownership of all digital files and/or source files including Photoshop files, Illustrator files and other intermediary items created leading up to the finished product, unless purchased separately; and Luckham Creative does not participate in unfair business practices such as design contests, speculative or free work. Luckham Creative understands the budget limitations of non-profit groups or businesses in the early stages of development, and in response to that we are more than happy to negotiate a suitable discount for non-profit groups or value exchange for work. Please call for additional information.

  1. The forwarding of an order or job (verbal or written) to Luckham Creative shall be considered as acceptance of all Luckham Creative’s Current Rates and Terms and Conditions.
  2. An order or job shall be deemed to be complete upon delivery of final or loose film and/or client digital files* (on disk or via e-mail or ftp). Acceptance of final or loose film and/or client digital files* shall be considered acceptance of the completed order or job.
  3. All orders/jobs will require a 50% deposit and will be invoiced on delivery. Invoices are due and payable on receipt, unless other arrangements have been made in advance. Due to the nature of the work and the time it takes to complete, all orders/invoices for Search Engine Optimization only, are payable in full in advance. All orders/invoices for training are payable at the beginning of the 1st training session. Credit may be applied for only after a satisfactory payment history has been established. Interim invoices will be issued at the end of every month, or when Luckham Creative deems necessary due to costs incurred, for all work in progress. An interim invoice is payable immediately, unless other arrangements have been made in advance. All interim amounts will be deducted from the final invoice. An unpaid interim invoice will result in all work being halted pending payment. All orders/jobs are subject to taxes if and when applicable. Certain orders/jobs may require advance payment or a deposit before the order/job can begin.
  4. A client must provide a minimum of 48 hours notice of the cancellation of any prebooked session. Any cancellation with less than 48 hours notice will be billed a cancellation fee equal to half the day rate booked.
  5. All overdue amounts will be subject to a carrying charge of 2% per month(24% per annum). Overdue charges will be assessed based on the dates of individual invoices. An overdue account will automatically be placed on a C.O.D. (cash on delivery) basis. A charge of $20 will be charged for any returned cheques. Prepayment and Trade Discounts are only available to accounts in good standing. An account that has been placed on a C.O.D. basis is not eligible for any discounts. All of Luckham Creative’s work is copyrighted, and remains the exclusive property, thereof, until fully paid for.
  6. Should, for any reason, an order/job be cancelled prior to completion, all meetings, consultations (in person, via e-mail or phone), work and materials will be billed out as per Luckham Creative’s current rates based on the hours required, and materials used, and shall be paid by the client. Luckham Creative strives, during the creative process, to limit rejection of our design work; however, any necessary rejection fees will be billed out. Luckham Creative does not work on speculation, all artwork is commissioned.
  7. The client acknowledges that an “estimate” is an estimate only, not a fixed quote or guaranteed price. Estimates are based on rough verbal specifications and are budgetary estimates only.
  8. Changes and additions to an order/job in progress will be charged or credited accordingly. What appears to be a minor change is not necessarily an inexpensive one. If your schedule requires a “rush” order/job, beyond our normal business hours and turnaround time, rush charges will apply. Rush jobs will be invoiced at 1.5 to 2 times the regular rate depending on circumstances.
  9. Although Luckham Creative will make every effort to proof all print jobs, proofing is considered the responsibility of the client. Therefore, any typographical or other errors in printing that were not caught in proofing shall be the sole responsibility of the client. Luckham Creative will only replace the corrected material as initially ordered, accepting no liability for procedures or manufacturing that follows. Film based proofs, i.e. blueprints, colour keys or chromalins, are highly recommended for all print jobs.
  10. In regards to Search Engine Optimization, SEO will improve page ranking for any web site, best results however are acheived by including design/redesign of your site. Page ranking cannot be guaranteed, however, if after design/redesign of your site that includes SEO, your page ranking has not improved all fees for the optimizing of your site only, will be fully refunded.
  11. Should the client provide existing copy, art/photography or request the use of clip art or stock photography, the client takes full responsibility as to accuracy of and copyright for the use of all such copy, art or photography.
  12. Luckham Creative retains ownership of all original artwork and/or original digital files, whether preliminary working files or final working files, and the client shall return such artwork and/or digital files within thirty days of use.
  13. All ideas, words, designs and concepts created by Luckham Creative are the intellectual property of Luckham Creative as protected by Canadian Copyright Law and may not be used in any form without written permission. Copyrights may be purchased outright, or are otherwise subject to limited use. Luckham Creative reserves any usage rights not expressly transferred. Any usage beyond that granted to the client in the invoicing of a job shall require the payment of a mutually agreed upon additional fee. Upon cancellation of a job, all rights revert to Luckham Creative. Please note that at this time, the Copyright Act provides for a range of civil consequences and criminal penalties. If you are charged and convicted with copyright infringement, it could cost you up to $20,000.
  14. The client shall give Luckham Creative a credit line for work wherever appropriate (i.e. editorial use, portfolios, on-line representation, etc.)
  15. In order to maintain an up to date portfolio of work, and the integrity of any applicable copyrights, Luckham Creative requires printed samples of all completed work. Luckham Creative reserves the right to showcase all work done in any manner Luckham Creative deems appropriate, including but not limited to print or on-line advertising, a traditional and an on-line portfolio.
  16. The client assumes all responsibilities herein set forth in regards to any work resold.
  17. Rates and Terms and Conditions are subject to change without notice.

Terms and Conditions 01/2017