|
|
|
| |
|
|
|
Terms and Conditions
3DK Pty Ltd Standard Terms and Conditions for the
Supply of IT equipment, Internet Goods, Graphics, Connectivity, Backups or
Services.
These are the standard terms and conditions (Terms) of 3DK
Pty Ltd ("3DK") ABN 86 682 719 187 (3DK). Please read these Terms carefully as
they set out your rights and obligations when you engage 3DK for any of their
services ("Service") and you must comply with these Terms.
3DK supplies an end to end solution to our clients and additional terms &
conditions as well as acceptable use apply to these solutions. The following
document outlines these terms and conditions. The terms are grouped in the
following manner.
1. General Terms & Conditions
2. Terms & Conditions which apply to
Hardware & Software sales and supply
3. Terms & Conditions which apply
to Web, DNS, Email & Application Hosting
4. Terms & Conditions which apply
to supply of Graphics or Web Design
5. Terms & Conditions which apply to
Internet Connectivity
6. Terms and Conditions which apply to Coding
7. Terms & Conditions which apply to Consulting
8. Terms and Conditions
which apply to Offsite Backups
1. General Conditions
1.1 Use of the Service constitutes unconditional acceptance of these Terms.
1.2 3DK may modify these Terms and/or its Service offerings (by adding, varying
or withdrawing Services including as to pricing, composition or operation),
either by email to your nominated email address, or in its newsletter or by
general notice on the 3DK web site . It is your responsibility to read email
alerts, newsletters and check the web site for any changes to terms and
conditions. Any use of the Service after the date of the email or publication
will mean that you have accepted the modification/s.
1.3 Additional terms and conditions may also apply to specific Services. Any
such additional terms will be deemed incorporated into these Terms and will
prevail to the extent of any inconsistency.
1.4 You may register for Service by the online registration page within the 3DK web site;
direct communication with 3DK or one of their agents; or by any other means
offered by 3DK from time to time.
1.5 You warrant that you are over the age of 18 years of age or if you are not
over the age of 18 you have obtained the consent of your parent, guardian or
other responsible adult before registering for the Service.
1.6 You also warrant that all information you provide to 3DK is true and
correct. You must notify 3DK if any of your relevant details change.
1.7 You, as account holder, are the only person authorized to request account
information, make account changes, or receive customer service or support.
1.8 3DK is not able to provide support for services or products not supplied by
3DK.
1.9 The Service provided is not fault free and relies on factors outside the
control of 3DK. The Service is provided to you by such means as 3DK decides from
time to time.
1.10 External companies engaged by 3DK including but not limited to Printers,
couriers, data carrier are beyond the control of 3DK, while 3DK will endeavour
to facilitate these external parties, 3DK can make no guarantees as to the
reliability of the services.
1.11 Where you require additional services that fall outside the above listed
scope of works provided by 3DK, you will be responsible to negotiate the cost of
such work and will be charged by the third party installation company directly
for any such additional work.
1.12 3DK may require pre-paying hardware, software, connection charges, domain
hosting or any other pre-paid commodity, including works involving large numbers
of man hours on your behalf. It is the sole discression of 3DK to request a
deposit or full payment before supplying the service. 3DK may also request
progressive interum payments for the supply of any Service.
1.13 You must pay all undisputed amounts before the date indicated on the
invoice for that service.
1.14 You agree to pay government taxes or charges that relate to your region
1.15 Dishonoured cheques may incur an administrative charge of AU$40.
1.16 Reminders for outstanding accounts may attract an administrative fee of
AU$30 (per reminder).
1.17 In the event an account has not been settled in full by the specified date,
3DK may instigate financial collectors action.
1.18 3DK may immediately terminate the provision of any or all Services if you
breach any terms. In the event of storage and backup of native files, this means
3DK reserves the right to give 5 working days notice to DELETE all native files
and subsequent back-ups from our servers.
1.19 Any expenses, costs or disbursements incurred by the 3DK in recovering any
outstanding monies including debt collection, agency fees and solicitors costs
shall be paid by the client responsible for this account, providing that those
fees do not exceed the scale charges as charged by that debt collection
agency/solicitor and in any event the commission is not to exceed 18% of the
debt value, plus out of pocket expenses.
1.20 You consent to 3DK obtaining a credit reporting agency containing personal
information (as well as information concerning commercial credit worthiness and
activities) for the purpose of assessment by 3DK of an application for credit
(whether commercial or personal) and/or for the purpose of the collection of
payments which are overdue. In accordance with the Privacy Act 1988, 3DK may
report to a credit reporting agency that you are in default of the trading terms
of these Terms and/or because it was necessary to hand over the account to a
collection agency to obtain payment.
1.21 You acknowledge that 3DK will, by virtue of the provision of the Services
under this Agreement, come into possession of your information and data. This
information and data ("Data") may include, but not be limited to, data
transmissions (including the originating and destination numbers and IP
addresses, date, time and duration of data transmissions, and other data
gathered as part of providing the Service or necessary for the establishment,
billing or maintenance of the transmission), data containing your personal
and/or private information as defined in the Privacy Act, 1988, and other data
provided to or obtained by 3DK in connection with the provision of Services
under this Agreement. You acknowledge and agree that 3DK may use, process and/or
transfer Data (including intra-group transfers and transfers to entities in
other countries that do not provide statutory protections for personal
information):
(a) in connection with provisioning of Services;
(b) to incorporate the Data into databases controlled by 3DK for the
administration, provisioning, billing and reconciliation, verification of your
identity and solvency, maintenance, support and product development, fraud
detection and prevention, sales, revenue and customer analysis and reporting,
and market and customer use analysis; and
(c) to communicate to you about products and services of 3DK or its partners via
its newsletter or email from time to time. 3DK and you will comply with the 3DK
Privacy Policy (as amended from time to time). Please click here to view 3DK's
Privacy Policy.
1.22 Subject to any designated term associated with a Service, the Service may
be terminated by you or 3DK at any time by providing notice in writing which
notice will take effect at the end of the Billing Period in which the notice is
provided unless stated otherwise in specific terms & condition for that service.
1.23 3DK may immediately terminate the provision of any or all Services if:
you breach any of these Terms;
you have provided false, misleading or incomplete information to 3DK;
where your nominated payment method is refused or dishonoured;
3DK forms the opinion in good faith that you are or may be insolvent;
3DK for whatever reason ceases to provide the Service. All outstanding charges
become immediately payable on giving of such notice and in no circumstances will
you be entitled to any refund of payments made under this Agreement.
1.24 Once your account with 3DK has been terminated for any reason (including
voluntary closure) or is inactive for a period of 30 days or longer, 3DK may
delete all of your data from any storage media. This data includes, but is not
limited to, that contained in backup tapes, mail boxes and any other personal
data.
2 Harware & Software Supply
2.1 Title of all goods supplied does not pass to the purchaser until full
payment has been received and funds cleared by our bank.
2.2 3DK reserves the right to refuse to supply any order/s without providing a
reason for such refusal.
2.3 3DK will not be held responsible for any damage, loss or delay occurring to
goods in transit. Accordingly, we recommend that you arrange your own transit
insurance
2.4 All freight charges to be borne by the customer unless prior arrangements
have been made with 3DK. Customers returning goods under warranty must pay all
related freight charges. (That is both inbound and outbound)
2.5 3DK will not accept any responsibility or charges for transport arranged by
customers or arranged by 3DK on behalf of the customer.
2.6 We will charge a $55.00 fee to offset testing costs when goods returned for
warranty are found to be fault free.
2.7 Goods supplied by 3DK are only covered by the warranty supplied by the
manufacturer. In most cases the end user will need to deal this the manufacturer
or its agent directly.
2.8 3DK takes it technical advise from specifications supplied by the
manufacturer(s). 3DK is not liable for any misleading or incorrect claims made
by the manufacturer. It is the clients responsibility to be informed on product
issues before accepting 3DK recommendations.
2.9 3DK cannot be held liable in any way for shipping, delivery or availablity
delays.
2.10 In the case the end user is receiving non standard licensing eg academic
editions, it is the end users responsibily to ensure they meet the criteria for
obtaining such licenses and the liability for misrepresentation.
2.11 Prices stated otherwise than a written quote, may change without notice due
to price variations from suppliers.
2.12 Items may not be availble from our suppliers at time of ordering, however
3DK will attempt to source the items from various vendors. Should the item not
be available, 3DK may recommend simalr products.
3 Web, DNS, Email & Application Hosting
3.1 We will register a domain name on a first come, first served basis in
accordance with the rules and policies of our chosen naming authority, and there
is no guarantee that your preferred domain name will be registered. Your
requested domain name and application details must comply with the requirements
of our chosen naming authority or otherwise advised by us from time to time.
3.2 When requesting domain name redelegation, you warrant that you are the legal
owner of the domain name and We reserve the right to require proof of ownership.
3.3 You agree that your personal data relating to the domain name is to be
listed in the public registry for your domain name.
3.4 While all possible efforts are made to ensure there will be no disruption to
mail and/or hosting services during delegation, We take no responsibility if
disruption occurs.
3.5 If you have registered a domain name yourself and, even though that domain
name is hosted by us, you are responsible for any subsequent renewal of that
domain name. We are not liable to you for any loss, cost, liability or damage
incurred by you in connection with the expiry of your domain name.
3.6 f you request in your Application, and We agree, to register, renew or
redelegate a domain name on your behalf, We will notify you of the amount
payable for such registration, renewal or redelegation and the due date for such
payment. If We do not receive payment of such amount within 30 days of a request
for payment We reserve the right to cancel the domain name and all services
associated with it.
3.7 Where We register a domain name on your behalf, We will renew your domain
name on your behalf provided that:
(a) the domain name is an open .au
domain name (i.e. any .com.au, .net.au, .org.au, .asn.au, or .id.au domain name)
that has Melbourne IT acting as the Registrar of Record;
(b) the domain name is a gTLD domain name (i.e. any .com, .net, .org, .biz, or
.info domain) that is listed on our Melbourne IT reseller account; or the domain
name is a co.nz domain that has been registered through Melbourne IT, and We
have received payment of any amount due within 30 days of a request for payment
in respect of such renewal.
(c) and We have received payment of any amount due within 30 days of a request
for payment in respect of such renewal.
3.8 You acknowledge that:
(a) the Service relies for its operation on
content or services supplied by third parties, who are not controlled or
authorised by us and We are not responsible for defamatory, offensive, indecent,
abusive, menacing,
(b) threatening harassing or unsolicited material
accessed or received by you; and
(c) We do not exercise any control over, authorise or make any warranty
regarding:
(d) your right or ability to use, access or transmit any content (whether
error-free, in time, or at all) using the Service;
(e) the accuracy or completeness of any content which you may use, access or
transmit using the Service including any data which We may store as part of the
Service;
(f) the consequences of you using, accessing or transmitting any content using
the Service, including any virus or other harmful software;
(g) any charges which a third party may impose on you in connection with your
use of the Service; or
(h) the performance, results or characteristics of any Software supplied by us
in connection with the Service.
3.9
4 Graphics or Web Design
4.1 The process of creating the 'finished product' for a client, requires the
construction of native and/or master files. These files contain intellectual
techniques and/or information. Whilst the 'finished product' is the sole
property of the client (upon full payment), the 'native files' remain the
property of 3DK.
4.2 For Industrial Confidentiality and Intellectual Propriety reasons, 3DK
native files cannot be accessed by any external company or contractors without
prior consent of 3DK In the event that 3DK (at our sole discression) allows
access by 3rd parties additionsal terms & conditions will apply. By allowing
external parties to access these files, you unconditionsallly waive 3DK for any
liability that may be associated by changes to the files and backup files that
we may hold.
4.3 Part of 3DK's duty of care to our clients is to maintain a thorough storage
and back-up procedure of your native files. Once confirmation of receipt of
native files has been received from the client, 3DK will immediately DELETE said
native files and subsequent back-ups from our servers.
4.4 Charges may apply to digitally transport large file sizes at the discression
of 3DK and teh client will be solely responsible for these costs
4.5 3DK will construct achievable ‘non-native’ file requests on any given
request, standard hourly charges/rates will apply.
4.6 In the construction of Graphics and Data, 3DK relies upon the information
that is supplied by the client. While best practice is applied by 3DK, it is the
sole responsibily of the client to ensure the information is correct and the end
result matches the data supplied. Clients unconditionally accept that the final
proof supplied is correct and cannot hold 3DK liable under any circumastances
for errors and ommissions.
4.7 While constructing Graphics and presentation, 3DK may purchase stock
photography. Theses images are license to 3DK and are not transferable without
written authorisation by 3DK with the appropriate royalty fees
4.8 Images supplied by the client for artwork must be licesnsed by the client
and the client accepts all liablity for any infringing copyright. Once the
images are suppled to 3DK, we will use them without restriction in the project
or any related projects. unless advised of any restrictions.
4.9 All data is treated in commercial confidence, but will remain on our systems
for integrety verification in teh event of a dispute.
4.10 In the event of a client not using our graphics service in teh period of 24
calendar months , 3DK retains the right to delete all backups & native files
without the clients knowlegde. Should the client wish to terminate our service
it is there responsibility to request the backup files
5 Internet Connectivity
5.1 In using our service, you must comply with all laws and all directions by a
Regulatory Authority and reasonable directions by 3DK
5.2 You must not use, or attempt to use, the service;
a) to commit an
offence or to infringe another persons rights
b) in any way which damages
or interferes (or theatens to damage or interfere) with the operation of a
service or with the efficiency of our network or a suppliers network (including
because you have inadequate capacity)
c) in any way which makes it unsafe
or which may damage any property or injury or kill any person
d) in an
excessive or unusual way
e) to transmit, publish, or communicate any
material which is defamatory, offensive, indecent, abusive, menacing,
threatening, harassing or unsolicited
f) for illegal purposes
g)
otherwise misuse of the service or allow anybody else to do so
5.3 You are responsible for and must pay for any use of the Service, whether you
authorise it or not, and you will continue to be liable for all charges relating
to any use of the Service if you allow another person to occupy the Premises or
use the Service. Also, if you do not disconnect the Service when you leave the
Premises or transfer legal responsibility for the Service, you must pay for any
use of the Service by later occupants or others. Any person who uses the
Service, or allows someone else to use it, after you have vacated the Premises,
is jointly and individually liable with you for any charges relating to that
use.
5.4 You acknowledge that 3DK may be required to intercept communications over
the Service and may (but are not obligated to) monitor your usage of the Service
and communications sent over it for the purposes of ensuring your compliance
with our CRA and our compliance with the law, and with any request or direction
of a Regulatory Authority, an emergency services organisation or other competent
authority. In this regard the terms of our privacy policy are also enforced. The
privacy policy is located at on our website for your reference.
5.5 We aim to provide, but do not guarantee, continuous or fault-free services.
5.6 We may conduct maintenance on any of our Network, equipment or facilities.
We will try to conduct scheduled maintenance outside normal business hours but
may not always be able to do so.
|
|
|
|
|
|
|
|
|
|
|
 |
| |
|
|
|