Terms & Conditions

or the ‘business in the back’ part of the “Mullet” 

We appreciate your business. Before we start any project we need to go through a few important legal—no so fun—stuff.

• Work
• Process & Timeframe
• Changes
• Intellectual Property / Copyright / Trademarks
• Ownership Of Rights
• Revisions & Delivery
• Payment Policies
• Cancellation
• Payment Policies
• Disputes
• Abandoned Projects
• Cancellation
• Privacy Policy
• Your Consent to this Agreement Partnership

By entering into a business Work relationship with Lucaloo Design Studio (Designer), you (the Client) consent to the following terms and conditions:

Work

Lucaloo Design Studio working business days, communication, and hours are Monday through Friday, 9am – 4pm Pacific Standard Time, excluding weekends and U.S. holidays. Communications outside Work hours will not be responded until the next business day.

Extended Work hours exemptions will be provided only for any urgent revisions with proper prior notice. Currently not accepting 48 (or fewer) hour rush turnarounds. However, if absolutely necessary an additional 50% Rush Fee will added to the final total project cost. Clients will be informed prior to billing and start. 

Designer agrees to produce creative projects at the request of the Client for fees agreed upon in advance and deliver the creative project by an agreed-upon time frame and/or until final projects are completed and electronic submission method. Designer will cooperate with Client in editing and otherwise reviewing the project prior to completion and launch. Designer will cooperate with Client if any complaints, claims or litigation should arise regarding the project. 

Designer is not responsible for product selling performance or lost profits in the digital and retail market, retail market acceptance/rejection, misinformation data given by the Client, any kind of damages connected to the creative projects, or any compliance issues. The Designer will not provide any legal advise. Client should consult with their own legal counsel for any regulatory information or markings needed on the projects. The Client will not treat Designer or associates as an employee for any purpose.

Client acknowledges that Designer may not provide services outside the scope of graphic design expertise services. Such as major copywriting, marketing content, sales, or other related profession fields that will be needed for the project. Client should do their due diligence with a professional either prior or early stages of the project. Examples but not limited are; Target Customers, A/B testing, determining Value Propositions, Focus Groups, etc. - any efforts that will help the approach of the project. Designer will not problem solve any company issues that will delay the project. Designer will collaborate and consult with Client to the best their ability and experience to apply basic content and methods. 

If Designer falls ill or is unable to complete the project due to unforeseen circumstances a portion of the overall budget will be returned. In most cases the complete amount will be refunded. If the work so far completed can be used for another designer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.

In consideration of our Work ethic, the following are common trade-off factors know as the "Iron Triangle"; Quality (good), Fast (turnaround), Cheap (low balling below standard rate cost) by choosing only 2 factors for your project as you cannot optimize all three. We do not Work in this manner or will not accommodate all 3 factors if we did - and definitely not C.

  Example of Trade-offs:
  A)  Quality + Fast = This combination often comes at a higher cost (would be a Rush, not recommended as you'll skip vital processes)
  B)  Quality + Cheap = This combination often means a longer timeframe (under-values our services we offer)
  C)  Fast + Cheap =  This combination results in a lower quality outcome, which we will not accept

The key is to understand your project priorities and which aspects are most important in bringing long-term value to your business growth. We offer fair and competitive rates to work within your budget. Unfortunately, if you want top quality design, experience and service - and you also want cheaper rates we recommend finding another graphic design service vendor.

Process & Timeframe

Designer will determine and set or allot a time frame needed per project requested. Client agrees to allow and follow all of Lucaloo Design Studio's design stages, art direction, discovery, and processes (buffer time), with a minimum of one (1) week time — needed to complete each project in a reasonable timeframe prior to any launch. Any project needed with a 24-48 hour turnaround is considered a Rush, additional rush rates apply. Extended work hours exemptions may be accommodated for any urgent changes, with proper prior notice.

Our core value is Quality over Quantity & Speed. Our professional experience provides an advantage to produce concepts in quicker way. However, in order to provide the best quality and value to your project it is best practice to allow for the creative process and strategic development for greater success. Average turnaround times are 4-6 weeks depending on your project type, deliverables needed, development process, and client review rounds and changes. 

Client agrees to fill out all project request forms prior to any start in order to provide the best possible Work. This includes all project questionnaire forms with as much detail and information about your company, product, services, and intentions as possible. Additional information may be require by way of written or oral communications in order to complete and move past the initial discovery stages. The Designer may provide guidance and basic consulting for the Client if some information is not known or needs to be discussed or explored. This process will eliminate the non-related possibilities and provide direction focus. The Client may consult with their own internal team or external professional marketing firm to provide the needed information.

Lucaloo Design Studio Works in stages (or step phases). We outline 3-5 project stages, depending on your project, prior to start within the estimate form to provide the Client with a clear overview of expectations. We continue the stage progress in a collaborative manner as we move forward.  

Lucaloo Design Studio makes all reasonable efforts to provide concepts and revisions to the Client within the timeframes agreed upon in initial consultations. If we are experiencing higher work volumes, your design will be scheduled for the soonest available design time slot, and you will be notified at the earliest possible time.

Lucaloo Design Studio will provide low resolution proof design files in our private Client Gallery, Google Drive, Dropbox or emailed PDF presentation for Client reviews. The Client will provide feedback on the draft design(s).

Client agrees to use (preferably) one form of communication whether email,  chat applications such as Slack or other online collaboration platform dashboards. Designer does not accept text messages.

Changes

Any written changes made by Client after final delivery of the Work following its initiation by Designer are subject to additional hourly charges. Should such changes negate any part of the Work already completed at the time of the changes, Client accepts responsibility for payment of the completed or partial work and all services related to it, in addition to charges for the change itself. Any major changes to the original scope after delivery is also subject to the additional flat or hourly cost.

Client agrees to consolidate all of the changes to be more efficient and remain on track.  

Designer will review feedback and update the design as needed. Revisions will be submitted to the Client within the specified timeframe where possible. Client has limited, but sufficient rounds specific to the scope terms. Designer will continue the revision process to the Client’s satisfaction, if needed. If any unreasonable amount of changes occur, re-evaluation, reverting back to the questionnaire forms, or meetings to resolve any discrepancies will be necessary. Designer will not continue making changes that do not have any strategic purpose. 

Once the Client has approved the design in writing, the Client will pay any balance owed to Lucaloo Design Studio, and Lucaloo Design Studio will deliver the final high resolution file(s).

All requested formats of the approved design will be uploaded to Dropbox or Google Drive or Client Portal for the Client to download as temporarily storage for 30 days. Lucaloo Design Studio will not maintain an archive of accessible Client files, so Clients must download and maintain their files in their own local, FTP, server or Google Drive.

Intellectual Property / Copyright  & Trademarks

Lucaloo Design Studio creates personal and commercial designs, and makes every possible effort to ensure designs are original and clearly, legally distinct. Lucaloo Design Studio agrees that it will be the sole author of the designs, which will be original design by designer, free of plagiarism. Lucaloo Design Studio agrees to use reasonable care to ensure that all facts and statements in the designs are true and that the design does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party or applicable laws. 

The Client unconditionally guarantees that any design element, template – text or graphic – provided to Lucaloo Design Studio for inclusion in the design does not violate any copyright or trademark laws. Lucaloo Design Studio will not be held responsible for any legal action that may result from improper due diligence on the availability of a name, phrase or image. The Client will hold harmless and protect Lucaloo Design Studio from any claim arising from the use of content furnished by the Client.

Lucaloo Design Studio retains the right to display designs in portfolios, social media, and on our website, unless exclusion is explicitly requested and agreed upon in writing with the Client. Including but not limited to concepts, sketches, abandoned projects or renderings.

Ownership of Rights 

Upon receipt of payment in full, the final flat creative files (e.g.,vector/.ai .jpg, .pdf, .png, .svg, .gif) delivered shall become the property of the Client.

Purchased and licensed fonts, photography or associated creative assets are not included and will not be provided. Lucaloo Design Studio shall retain the intellectual property and all ownership rights of the original design source files (e.g., native, mechanical, working, layered artwork, layout in creative software) and projects, which include but are not limited to templates, sketches, illustrations, photographic projects, and files stored on computer disk(s) as they contain proprietary design styles and tools/utilities and/or license restrictions. Excludes logo design. Client does not need these source files for displaying, printing or reproduction.

All images, text, designs, graphics, trademarks and service marks are owned by and property of Lucaloo Design Studio, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our creative assets, remove it, change it, or claim to be us without written permission.

You may use our intellectual property with clear and obvious credit back to our site, as well as correct links back to the page where the materials, designs, images, text, quote or post is specifically located. You may never claim any of our intellectual property as your own or your original creation, however, even with attribution.

All rights not expressly granted herein are reserved by the Lucaloo Design Studio. Certain original source files and assets may be purchased at a separate additional cost per item starting at 100% in addition of the total original project cost (excludes files with mentioned licensed assets and subject to grant of rights restrictions). Some restrictions set forth by font licensing or font End User License Agreements (EULA) or stock photography/photographer licensing, prohibit sharing of the original source files without permission and/or require additional compensation paid to the original owner. Client must then follow and acquire their own license, permissions and terms to use.

Revisions & Delivery

Any and all revision requests, updates, corrections, additions or variations must be furnished to Lucaloo Design Studio in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email or electronic communications.

The Client understands that any and all revision requests, updates, corrections, additions or variations may incur an hourly billable or additional project fee after delivery. Design work is not done free of charge unless otherwise arranged with Lucaloo Design Studio explicitly and clearly in writing.

Unless otherwise agreed, Lucaloo Design Studio will complete one (1) large revision round stage, and two (2) minor revision stages but no more than (4) rounds per project. Additional fees will apply when going past 4 rounds. Revision requests are to be made within seven (7) days of receiving the proofs. Final approval in writing and balance payment is needed for delivery.

Client will be responsible to proof-read and submit a request review to any regulatory third-party during the set revision stages and not after final delivery. Additional cost will incur if changes are needed after final delivery.

The total project quote or rate provided by Lucaloo Design Studio is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. In the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, Lucaloo Design Studio reserves the right to charge an additional hourly or flat rate, upon informing the Client, that the request will incur an additional cost. This includes additional concept renderings and drafts.

Lucaloo Design Studio will not responsible for any missed errors after acceptance in review stages, approvals and final delivery of the design to the Client. No refunds will be provided.

Payment Policies

Design and development services involve significant specialization, expertise and value, therefore design projects should be regarded differently than a manufactured product. Lucaloo Design Studio’s rates ensure appropriate compensation for our business overhead, time and expertise as well as of our graphic designers, developers, art/creative directors, project managers and associates.

All quotations provided are initial estimates only, unless otherwise negotiated and noted in writing on a Client agreement. Assuming no additions, post-revisions, or out-of-scope changes have been made by the Client over the course of the project, the final invoice will not exceed the quoted amount without prior notification and written authorization to the Client.

Deposits & Payments

All projects under $600 are to be paid in full before the start of the project.

All projects over $600 will require a non-refundable 50% deposit to be scheduled and begin the design process, and the balance paid in full before delivery of the final design files. Deposits will go towards balance. Client may not use, post or distribute any partial works, drafts or concepts until paid for in full.

Payments

Payments may be made online in a number of ways:

• PayPal Account
• Cash app
• Venmo
• Zelle
• ACH by request
   (fees may apply)
  

We also accept:

• Company or Certified Check
• Bank or Wire Transfer
• Major Credit Cards
• Money Order or Bank Draft

Accepted Payment Currencies:

• We bill clients in USD.

Monthly Billings / Subscriptions

Retainer clients requiring long term and ongoing design work may be placed on a monthly billing cycle upon request. Evaluation of general scope and expectations is required prior to agreement. Rates are discounted which may include weekly meetings, service upgrades or priorities over standard Clients. Clients on monthly billing will be invoiced weekly or on or around the 1st of each month. Clients requesting a monthly billing arrangement are required to maintain current contact information and a valid credit card or payment platform account on file with Lucaloo Design Studio. Direct deposit is accepted via external accounts. 
Certain projects that involve complex and longer timeline turnaround, marketing/sales support, or extensive planning are considered "out of scope" and will be quoted/invoiced (in addition) at the standard rate per project and not included in the retainer monthly cycle.

Delinquent Invoices

All invoices are payable on receipt, net 7-10 days, unless otherwise stated in writing. After 30 days, a late payment charge equivalent to 1.5% of the outstanding balance is applied to all delinquent Client invoices, per project without exception. If the Client remains in default after 60 days, an additional 2.5% of the outstanding invoice balance is applied as a late payment charge.

If the Client remains in default after 60 days, we will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.

If a Client’s payment is charged back to us by way of check fraud or other crime, we will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority. Client agrees to pay for each check returned for insufficient funds or any other reason $25 per occurrence or 5% of the value of each returned item, whichever is greater.

Clients are responsible for all late fees and costs incurred for reporting to collections. If collection efforts are unsuccessful, we will engage the Client in litigation to collect the debt, and all copyright will remain with Lucaloo Design Studio. The Client will forgo all rights to use Lucaloo Design Studio designs in manner, and legal action will be taken to enforce this policy. 

Disputes

Client agrees to defend (at Lucaloo Design Studio’s request), indemnify and hold Designer harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or connected with this Agreement or your use of the Work. Client will cooperate as required by Designer in the defense of any claim. Designer reserves the right to assume the exclusive defense and control of any matter subject to indemnification by Client, and Client may not settle any claim without our prior written consent. Designer and Client waive a trial by jury. The following claims don’t have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about, payments owed, the scope and enforceability of these arbitration provisions. In the event of a dispute between the parties hereto arising out of or concerning this Agreement, each of the parties accepts and consents to the jurisdiction of the State or Federal courts of the State of California in the United States of America and venue in Los Angeles County. Client will pay for all of Lucaloo Design Studio's court and defense attorney counsel fees.

Abandoned Projects

A project shall be considered abandoned after 60 consecutive days have passed since the last communication received from the Client. In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit. If there are issues with the final payment or cancellation of project , Lucaloo Design Studio then reserves the right to reuse or amend any of these ideas for other clients or to be used freely as concepts in website or social media portfolio. Client agrees not attempt to use/modify/alter/replicate or steal any of Lucaloo Design Studio’s ideas or drafted concepts without the agreed compensation during design process or after cancellation/suspension. Lucaloo Design Studio will take immediate legal counsel.

Cancellation

Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the (at will) relationship is deemed unsatisfactory or services are no longer needed by either party. Designer reserved the right to suspend any project if a client interferes with excessive micromanaging, not following agreed scope and processes, demonstrates a continued lack of trust, focus and inability in getting the project finished through lack-of or no communication after 30 days, after showing more than a reasonable number of unique Work ideas/concepts and/or shows reluctance in paying for additional hours worked or the final payment. If any of these circumstances arise the deposit will be non-refundable. Upon written cancellation, Client is responsible for payment for all expenses incurred and any Work done toward the completion of the project based on the percentage of project completed. Should Client cancel the project following its completion, Client is responsible for full payment as per the quoted cost plus all other expenses incurred. Fair notice and chance will be given to remedy the situation without resorting to project suspension or services termination. Any suspension or termination will not result in any full refunds. If Designer falls ill/sick or is unable to complete the project due to unforeseen circumstances a portion of the overall payment will be returned. In most cases, the complete amount will be refunded. If the Work so far completed can be used for another designer to pick up, then a percentage will be kept based on Work completed or any other reasonable suggestion will be considered.

Privacy Policy

Lucaloo Design Studio Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from Lucaloodesign.com (the “Site”).

Personal Information Collected

When you visit the Site, our parent host may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, they may collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. They may refer to this automatically-collected information as “Device Information.” Please refer to their policies regarding personal information collected.

How Do We Use Your Personal Information

Our host may use the Order Information collected generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, they may use this Order Information to:

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Device Information Collected using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org or our host site.

“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

Finally, this Site (Site Host) is run and hosted on Format.com. Please refer to their Privacy Policy at https://www.format.com/privacy_policy for additional details on how your information could be collected and used.

Sharing Your Personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Format to power this Site--you can read more about how Format uses your Personal Information here: https://www.format.com/privacy_policy.

We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://policies.google.com/privacy. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Do Not Track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your Rights

You have the right to access personal information our host holds about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact our Site host through their main website.

We note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information may be transferred outside of the jurisdiction of the United States or from which you provided it to us, including to Canada or Mexico.

Data Retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Minors

The Site is not intended for individuals under the age of 16.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Contact Our Site Host

For more information about privacy practices regarding this Site, if you have questions, please contact our Site host.

Disclosure

Lucaloo Design Studio will only disclose Client information or IP address when required by law or in good-faith belief that such action is necessary to:

1. Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process,

2. Protect and defend the rights or property of the Lucaloo Design Studio website, related properties, services, or visitors to the Lucaloo Design Studio website.

Lucaloo Design Studio uses every reasonable precaution to keep Client information secure, and will not be held responsible for breach of security or the actions of any third party that receives information. Lucaloo Design Studio is not responsible for such third party privacy policies or how they treat information about their Clients or users.

Your Consent to this Agreement and Partnership

By using the Lucaloo Design Studio website and/or engaging in business services with Lucaloo Design Studio, you consent to the terms specified above. Lucaloo Design Studio reserves the right to modify these Terms and Conditions at any time.

This web page will reflect the latest Terms and Conditions. In the event there is a discrepancy between a digital or printed version of these Terms and Conditions and this web page, the Terms and Conditions on this web page take precedence.

In the event that a Client’s Terms and Conditions conflict with those here, this web page shall be considered to be the authoritative one, unless a separate and newer amendment contract has been negotiated and signed between Lucaloo Design Studio and the Client.

Please contact us with any questions about Lucaloo Design Studio Terms and Conditions.

© Lucaloo Design Studio. Updated January 2025