Standard Terms and Conditions for the Supply of Internet Goods, Graphics or Services.

1. Terms and Variation 

1.1. These are the standard terms and conditions (Terms) of 3DK ABN 86 682 719 187 (3DK). Please read these Terms carefully as they set out your rights and obligations when when you engage a service you must comply with these Terms.

1.2. Use of the Service constitutes unconditional acceptance of these Terms.

1.3. 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.

1.4. 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.

2. Service  

2.1. 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.

2.2. 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.

2.3. 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.

2.4. You, as account holder, are the only person authorized to request account information, make account changes,  or receive customer service or support.

2.5. 3DK is not able to provide support for services or products not supplied by 3DK. 

2.6. 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.

2.7. External companies engaged by 3DK including but not limited to Printers, couriers, data carrier are beyond the control of 3DK, while 3DK will endeavor to facilitate these external parties, 3DK can make no guarantees as to the reliability of the se services.

2.8 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.


3. Charges  back to top

3.1. You must pay all charges (Charges) for the Service as stipulated by 3DK by the designated due date on the invoice with any GST associated with the Service. In particular you must pay all  labour costs, plan fees, costs pay by 3DK to external companies on your behalf and other amounts you incur (or your designated users incur) or are incurred as a result of any use of your password (whether authorised or not) and/or the Service. Charges may also include amounts for any purchase made through any Service or any surcharges incurred while using any supplementary networks or third party services.

3.2. You must pay for all Charges as directed by 3DK from time to time. Upon registration of a credit card account, you give 3DK authorisation to automatically debit your credit card and all subsequent cards issued in renewal of that card for all charges, including after suspension or termination of your Service for any reason whatsoever.
Transient client’s residing in a facility serviced by 3DK will be billed in advanced for the period specified by the client. Billing for 3DK’s services is charged in accordance with the designated time period (e.g. per day, per week) that you select to access 3DK’s services. You will be billed for the period in which you have requested access to 3DK’s services rather than the actual pro rata time that you have accessed the service.
For permanent client’s, the billing period for data services is on a monthly cycle beginning on the first of the month. Pro rata charges will be charged for the interum time period (Billing Period). If you create an account on the 20th of a month the Billing Period runs from the 20th until midnight on the 19th of the following month.

3.3 For monthly permanent client’s charges will continue automatically until the account is properly cancelled and all Charges are fully paid. Customer must advise 3DK immediately if the renewal date on the offered credit card falls on anything other than an anniversary date of the issue date. If your financial institution fails to honour a payment of Charges then you must pay the amount owing directly to 3DK.

4. Outstanding Accounts  back to top

4.1. Dishonoured cheques will incur an administrative charge of AU$40.

4.2. Reminders for outstanding accounts will attract an administrative fee of AU$30 (per reminder).A maximum of two reminders will be issued (5 working days apart).

4.3. In the event an account has not been settled in full by the specified date on the second reminder notice, (inclusive of administrative fees) 3DK will instigate financial collectors action.

4.4 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.

4.5. 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.
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4.6. You consent to 3DK obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness 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.

5. Request for 3DK Native Files  back to top

5.1 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.

For Industrial Confidentiality and Intellectual Propriety reasons, 3DK native files cannot be accessed by any external company or contractor.

3DK does however (on discretion), allow the responsibility of said 'native files' to be given to the clients for backups and/or internal amendment purposes. These files may not be accessed or worked on in any manner by any commercial company (other than 3DK). Failure to do so will result in copyright infringement.

6. IMPORTANT NOTES IN THE EVENT NATIVE FILES ARE RELEASED TO CLIENTS  back to top

6.1 3DK will make 'native files' available only once.

6.2 Part of 3DK's duty of care to our clients is to maintain a thorough storage and back-up procedure. 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.

6.3 If said 'native files' are amended internally by the client, who then requests further works on same said files, 3DK reserves the right to refuse if the file quality has diminished due to a lack of best practice procedure, else charges will apply to restore files to professional standards.

6.4 Charges may apply to digitally transport large file sizes.


7. IMPORTANT NOTES IN THE EVENT OF 'NON-NATIVE' FILE REQUESTS   back to top

7.1 3DK will construct achievable ‘non-native’ file requests on any given request, standard hourly charges/rates will apply.

8. Taxes  back to top

8.1 All Charges are inclusive of GST unless otherwise noted. Where a Service is or becomes subject to a GST or any other tax, duty or levy (“Tax”), and the Charges are not already inclusive of the Tax, you authorize 3DK to charge you for the Tax in addition to the Charges paid or payable in respect of the Service. The Tax is payable at the same time the Charge for the Service is payable.

9. Customer Costs   back to top

9.1 In addition to all 3DK Charges, you must provide and pay for all communication, connection and equipment charges necessary to use the Service including telephone lines and all other equipment needed to access the Service at your own cost.

10. Use of Service  back to top

10.1. 3DK will provide you with a unique username and password which you agree not to disclose to any third party.

10.2. When using the Service you must comply with these Terms, 3DK Acceptable Use Policy (please click here to view the Policy) and any other companies to control and prevent unacceptable behavior and may implement automated mechanisms to prevent behavior which is or may be in breach.

10.3. You accept responsibility for all information and material you issue over any Service, and indemnify 3DK against any liability in relation thereto. In particular you undertake that you will not publish or issue any information which is illegal. You also acknowledge that 3DK does not vet or approve any information or material available through the Service. You access and use such information and material at your own risk.

10.4. You must comply with any rules imposed by any third party whose content or service you access using the Service.

10.5. The Australian Broadcasting Authority is permitted at law to direct 3DK to remove prohibited content from its servers or to prevent users from accessing certain Internet content. 3DK will take all necessary steps to comply with any such directions including removing any content (or the entire website of which such content is part), or closing or suspending your account.

10.6. You must not resell or attempt to resell the Service. You may only use the Service for personal non-commercial purposes unless otherwise permitted in writing.

10.7. You are responsible for backup of all information or content associated with the Service.

10.8. 3DK may monitor your account to ensure that you are complying with these Terms. 3DK may investigate any alleged misuse of the Service and may involve police or other law enforcement agencies in doing so. Such investigations may be conducted without notice to you. 3DK will also cooperate with law enforcement agency investigations which may involve disclosures of information in response to legally binding notices.

11. Security   back to top

11.1. You are responsible for the security of your account. Measures that you must take include: • choosing your password and taking steps to ensure it is not obvious; • not disclosing your password to any third party; • changing your password at regular intervals; • safely storing your password; • exercising caution when downloading content and materials over the Internet. Measures we recommend you take include but are not limited to: • ensuring your computer system is up to date and secure; • maintaining current anti-virus firewall and any other appropriate security measures.

12. Privacy  back to top

12.1. 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.

13. Termination  back to top

13.1. 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.

13.2. 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.

13.3. 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.

14. Suspension of Service   back to top

14.1. 3DK may from time to time without notice suspend any Service or disconnect or deny you access to any Service: • during any technical failure, modification or maintenance involved in the Service provided that 3DK will use reasonable endeavors to procure the resumption of the Services as reasonably practicable; • in an emergency or for other security or safety reasons; or • if you fail to comply with any of these Terms (including failure to pay Charges due) until the breach (if capable of remedy) is remedied, or if you do or allow to be done, anything which in 3DK opinion may have the affect of jeopardizing the operation of any Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

15. Exclusion of Liability  back to top

15.1. 3DK is not liable for any cost loss or damage that you or any person using your account may suffer from using: • (a) the Service (including loss of data, delays, non-deliveries, mis-deliveries, service interruptions, whether or not as a result of negligence or act or omission of 3DK; or • (b) any content accessed through the Service (including inaccurate, incomplete or out of date information).

15.2. 3DK will not be responsible for any third party telecommunication charges incurred by you in accessing the Service.

15.3. Except for any conditions or warranties 3DK is required by law to give, 3DK makes no statement, warranty or promise about the quality or suitability of the Service.

15.4. 3DK acknowledges that certain commonwealth and state legislation may imply into these Terms certain warranties and conditions that cannot be excluded, modified or restricted. However, 3DK’s liability for any breach of such implied term or warranty will be limited at 3DK’s option in any way permitted by the legislation including where so permitted and at 3DK’s election: • the supplying of the goods or Service again; • or the payment of the costs of having those goods repaired or the Service supplied again.

15.5. Except to the extent set out in Clause 11.4, 3DK excludes all liability to you or any other person using your account for any costs, loss, liability or damage (whether direct or consequential including any loss of profits, business or anticipated savings) arising out of these Terms or the supply of the Service either in tort, breach of contract, breach of warranty or for any other reason or cause whatsoever including as a result of any act, omission or negligence by 3DK or its representatives.

15.6. You acknowledge that in choosing to use the Service you are aware that it is not continuous or fault free in nature and that you have made your own assessment that the Service ‘as is’ is sufficient to meet your requirements. You must ensure that your computer communications and software equipment is compatible with 3DK‘s systems.

16. Indemnity   back to top

16.1 You indemnify 3DK from and against any actions, claims, suits, demands, costs, loss, or liability (whether direct or consequential) arising out of or in any way connected to the use of the Service by you or any other person using your account.

17. General   back to top

17.1. The Customer cannot assign its rights under any agreement with 3DK without the prior written consent of 3DK (which may not be unreasonably refused). 3DK may at any time assign this Agreement to a third party by providing you notice of same.

17.2. Failure by 3DK to act immediately on any right under these Terms does not waive such right.

17.3. This Agreement is governed by the laws of Western Australia and the parties submit to the jurisdiction of the Western Australian Courts and Tribunals.