We Are Online Video Specialists. 
Sydney
Melbourne
We Make Video  Marketing As Easy As It Gets.
Terms and conditions.
Definitions
 
Lukacz Creative is a trademark operated by Lukacz Creative, ABN   20 221 984 399
By accepting a Quotation or Estimate, you acknowledge having read and accepted these Terms & Conditions.
 
Quotation Validity
Our quotations are valid for 10 working days. When a quotation is not accepted within 10 working days, Lukacz Creative can revoke the validity of a quotation in view of the availability of its teams. When a quotation is accepted or the service requested more than 10 days after the initial quotation date, discounts and bonuses that were part of the initial quotation are no longer applicable.
Quotations can be accepted up to 10 working days after their issuing date. Quotations that are accepted longer than 10 days after the date of issue may be subject to changes in pricing.
 
Production timeline
Pre-production of your video or web product will start upon full proposal approval. A proposal approval procedure consists of the following steps :
- the customer will sign the quotation document and return the signed document via email to Lukacz Creative
- Lukacz Creative will issue a deposit invoice for 40% of the total production budget
- Lukacz Creative will receive the deposit payment and launch pre-production, lock in production dates and start the project.
- Within 20 days after a Quotation has been accepted, arrangements will be made between Lukacz Creative and the customer to plan and lock in the production dates, as well
as post-production deadlines.
- When production dates are locked in, the customer agrees to arrange locations, spokespeople, content and props as outlined in the pre-production consultancy.
 
Communication
To guarantee clear communication Lukacz Creative require that you choose one contact person within your organisation to discuss the production. Lukacz Creative will only accept input,
feedback and comments from the agreed contact. Input and feedback from other spokespeople in your organisation will be channeled through your chosen production contact.
All revision requests, comments and feedback are to be supplied in a written form via email (Email address provided before the start of the project, alternatively info @lukaczcreative.com can be used), with clearly stating and describing required changes, accompanied with a video time code where possible.
 
Revisions
Number of revisions will be clearly stated in your quotation.
A revision round reqiores the customer to provide feedback and revision requests in a written form before the date agreed on in the quotation and in the contract and no later than within 20 business days. All these required changes have to be stated in one email, with clear description of required changes, accompanied with video time code whenever possible.
Lukacz Creative then commits to address these changes and requests in it's entiriety or as much as possible.  If customers requires more than agreed number of revisions, additional fees may be applicable per each additional revision round.
Lukacz Creative recognizes than video production is a subjective medium and an artistic license is required for every project. Whilst all efforts are made to meet artistic vision of the client, Lukacz Creative reserves the right to refuse to attend to requests that are unclear, not possible, not reasonable, not applicable or are not within the agreed scope of the project.
 
Cancellations and Force Majeure
In case the customer cancels the shooting that was planned for a certain date, he/she will first try to accommodate Lukacz Creative to reschedule the shooting to another date.
In case the customer cancels the shooting 5 business days or less before the agreed shooting date, a cancellation fee of $500 ex GST will be applicable and will be added to the total project cost.
The customer will then work out a new shooting date based on availabilities offered by the Lukacz Creative team.
In case of total cancellation, the deposit will always be allocated to cover pre-production, project admin and cancellation fees.
In case Lukacz Creative has to cancel the shooting the team will first try to reschedule the shooting to another date. In case your shooting can not be scheduled or produced, or in case of a technical breakdown causing the accidental loss or non-recording of unique footage, Lukacz Creative will return your deposit and you agree that no other claims will apply to Lukacz Creative, its staff, partners or subcontractors. In case of a Force Majeure, a technical breakdown, a loss of footage and/or cancellation by Lukacz Creative for organisational, staffing or logistical reasons, both parties agree not to submit any damage claims and not to undertake any legal action or claim against the other party.
 
Illness or Failure of Equipment
Whilst all reasonable care and preparation is taken for videography and editing, Lukacz Creative shall not be liable for any compensation except for the return of any original deposit made, should a failure occur for all or any of the electronic equipment used or due to illness of the operator or person(s) employed by Lukacz Creative or because of an unforeseen event or by any dispute regarding the ownership of recorded materials.
 
Resources Supplied for Post Production
Whilst every care will be taken with photographs or other materials supplied by the client, no responsibility is accepted for loss or damage caused by circumstances beyond the control of Lukacz Creative. In order to maintain strict deadlines, any resources to be supplied by clients to be used in postproduction must be submitted by the client at the agreed time.
 
Right of Refusal or Termination
Lukacz Creative reserves the right to terminate the recording of any event or commissioned works, where the circumstances change such that the videographer, or any person(s) employed by Lukacz Creativeis placed in actual or apparent danger or that there is a possibility that all or any of the equipment used may be damaged. Should this situation occur, then any deposit paid is non-refundable. Lukacz Creative also reserves the right to seek compensation for any damage to property or equipment.
 
Project Scope
This proposal describes your production budget based on the available information at the time of its creation. As a customer, you agree to cooperate with Lukacz Creative journalists to keep the production within the agreed scope and size. Extra work, ordered after project approval, and confirmed via email will be invoiced at hourly rates as detailed in this proposal. Lukacz Creative will always ask for approval via email before scheduling in extra work that exceeds the project described in the approved Quotation. As a customer you agree to keep the project within the agreed scope.
 
Project timelines
Both parties will agree on a project timeline with the initial quotation. Projects that are pending and depending on the customer's input may be finished as-is by Lukacz Creative in case the customer can not provide the necessary input within a 6 week period after a request by Lukacz Creative. In this case, all outstanding invoices are due and the project end result will be delivered as-is. Lukacz Creative will always notify the customer of this 6 week deadline.
 
Feedback timeframes
Upon reception of your preview, you agree to deliver feedback within 10 business days. This is required for us to deliver a finished product. Failing to provide feedback within 10 business days after reception of the preview link will lead to extra
administration fees, with a minimum applicable fee of 10% of the total project cost.
Failing to provide feedback within 25 business days, may lead to considering the project as completed and closed without any change requirements and Lukacz Creative may require a full payment for the completed project.
 
Final Delivery
An invoice for the remaining balance will be sent and is due before delivery of your final product. In case of a short notice production, you agree to send us a bank transfer confirmation slip before delivery or to pay via Credit Card using the Paypal gateway.
Final Delivery as well as drafts and revisions are made online through a cloud service (Dropbox, Box, etc) in a digital form.
Final deliverable format and techni al specifications are specified in the quotation.
 
Payment Delays
Should our team agree to a delivery before payment of the end balance, then you as a customer agree to pay the remaining balance within 5 working days after delivery of the final product. It is agreed that after the due date marked on the balance invoice, failure to pay the balance invoice within 5 working days will incur an administration fee of $100 per an invoice reminder (sent every 14 working days) and a penalty interest rate of maximum 7% of the total production value per 30 calendar days after the due date included in the invoice.
 
Copyright
Upon reception of the payment in full, you obtain the right to use your video content online and offline. Unless otherwise specified the creative copyright of the produced video content remains property of Lukacz Creative and a user licence without any restrictions is granted to you as a customer.
When audiovisual material is used and delivered from your end, it is your duty to verify if you own the right to reproduce this and to verify whether any of the materials are copyright protected. When your agreement with Lukacz Creative includes the purchase of licensed background music and/or stock footage or stills, Lukacz Creative will source these using a customised bulk license with the relevant providers guaranteeing that all copyright related expenses are covered within the scope of your agreement with Lukacz Creative.
As long as the project has not been finished and paid in full, you are not entitled to use any of the supplied previews online or offline.
Obtaining the right to use the video content does not include the physical dump of all original footage to a digital support or any entitlements to the raw footage.
For unpaid commissioned works or in the event that a final agreed payment is not made, Lukacz Creative reserves the right to withhold all recordings and finished works.
The copyright for all and any music and lyrics or musical composition included or recorded in the edited video or recorded by equipment used by Lukacz Creative will remain the property of the author or legal entity owning the copyright.
 
Deleting Files
Unless otherwise specified in the agreement between ITV Technology and the Customer, we will delete all raw footage, project files and supplied digital files from our servers once the final video has been delivered and the balance invoice has been paid. Deviations from this agreement, aiming at keeping raw project files and raw footage available for future changes, need to be discussed
as an extra service when the project is being approved. Additional services may include archiving a copy of all master and project files, or supplying a hard drive to the customer containing these files.
 
Conditions for using the ‘Re-Edit’ Option
The ‘Re-Edit’ option is only available if notice is given prior to an event. Lukacz Creative will provide one (1) ‘draft copy’ of an initial edited file. And in order to maintain strict deadlines the client is required to provide all proposed changes to the draft copy within seven (7) days of receipt of the ‘draft copy’. Once the changes are affected the client will receive a ‘final draft copy’.
The ‘final draft copy’ is used to identify any errors in the original changes only. No new changes may be requested unless another ‘Re-Edit’ option is purchased. The client is required to report any errors found in the ‘final draft copy’ within seven (7) days. Lukacz Creative reserves the right to refuse any changes to the ‘draft copy’ or the ‘final draft copy’ if the deadlines listed herein are not met. The client acknowledges that some changes may not be possible.
 
Portfolio Use
By accepting these Terms and Conditions you agree for Lukacz Creative to show your final product (the approved video) in their online portfolio, on their YouTube Channel and on their global websites Lukacz Creative.com.au, Lukacz Creative.be and Lukacz Creative.eu, as well as on the associated social media pages.
You also accept that in your final version, unless agreed otherwise, Lukacz Creative will enclose a graphic title stating "Produced by Lukacz Creative".
 
Talent Release Forms
As a customer you agree to verify whether anyone involved in the filming as a subject, interviewee, actor, or anyone who happens to be on site while filming is in progress, has agreed to be displayed in your video and has signed his or her approval/talent release form in agreement with your organisation.
 
Venue Location Fees & Permissions
It is the responsibility of the client to meet any fees or to ensure that permission is sought and obtained at all venues and locations for the videography of events or commissioned works.
 
Artistic License
The client acknowledges and accepts that editing an event and the production of finished materials may include elements of artistic expression and interpretation. Lukacz Creative reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished materials. The re-editing of commissioned works or re-designing of the printed materials is offered as an optional extra by prior arrangement and a quote provided on request. The conditions for utilising the re-edit option are listed herein.
 
Final Remarks
By accepting this Quotation and the attached Terms and Conditions you acknowledge that the agreement is for a creative service. Any difference of opinion based on personal appreciation will not influence the agreement or the due balances upon accepting the Quotation.
Lukacz Creative is a trademark operated by Lukacz Creative.
    
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