3DK Pty Ltd Standard Terms and Conditions for the
Supply of IT Consulting, Support, 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
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
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 Overdue Reminders for outstanding accounts will attract an administrative fee of
AU$33inc (per reminder per invoice)Reminders are emailed every calendar 7 days.
1.17 In addition to point 1.16, 3DK reserves the right to charge interest on any outstanding monies, after 30 days from due date of invoice.
1.18 In the event an account has not been settled in full by the specified date,
3DK may instigate financial collectors action.
1.19 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.
1.20 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.
1.21 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.
1.22 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
(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
1.23 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.
1.24 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;
(a) where your nominated payment method is refused
(b) 3DK forms the opinion in good faith that you are or may be
(c) (c) 3DK reserves the right to discontinue services provided based upon disharmony.
(c) 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
1.25 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
1.26 If out of contract, 30 days notice in writing is required for requested termination in writing of services provided by 3DK.
If within an agreed contract with a contract end date, requested termination in writing is required of services provided by 3DK and full payout is required to end of contract date.
If within an agreed contract price, but without a contract end date, 30 days notice is required for requested termination in writing of services provided by 3DK. When resulting date falls within an established billing period, full payout is required for said billing period.
2 Hardware & Software Sales and 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
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 $165.00inc 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
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.
HARDWARE AND SOFTWARE WARRANTY
Returns, 3DK and Manufacturer's Warranty 3DK and Manufacturer’s warranties is voided if the product supplied by 3DK has been repaired, altered, tampered with, misused, subjected to abnormal working conditions, opened or inspected by personnel other than authorised by 3DK.
Our goods come with guarantees regulated under the Australian Consumer Law but is limited to the manufactures warranty.
3DK is committed to providing our customers with the best products and service. This policy details when and how you can return a product to 3DK for repairs or replacement. All hardware warranties are RETURN TO BASE (RTB).
This policy is divided into the following sections which you should read BEFORE making any purchase.
1. The 3DK Warranty/Return Process
2. Returning the Product to Us
3. Product Returns and Warranty Policy
4. Dead On Arrival
5. Damaged in Transit
6. Incorrect Item
7. Software Product
8. No Return Basis Product
If you have any questions, please contact us on support@3DK.com.au
1. THE 3DK WARRANTY/RETURN PROCESS
If the product has been purchased within the last 2 working days please go straight to “Dead on Arrival”.
Email support@3DK.com.au to obtain a Return Authorisation Number. You will be issued with a Return Authorisation Number, in accordance with the conditions set out in the rest of this Policy.
We will not accept any goods for return which do not have a Return Authorisation Number. Each Return Authorisation Number is only valid for one product and must match the product authorised for return. You will need to provide us with the following to obtain your Return Authorisation Number
• Name and contact details of original purchaser
• 3DK Invoice number or order number
• Part number/description of product to be returned
• Item serial number(s)
• Whether the product box has been opened or used
• Reason for return
• Manufacturer Case/RMA number (where applicable)
• How you wish to return the product
2. RETURNING THE PRODUCT TO US
Contact support@3DK.com.au regarding returns. You can return the product to us by taking it to our office during our trading hours. The Return Authorisation Number is valid for 10 working days, 3DK must receive the returned product within this period. Write the Return Authorisation Number on the outside of the shipping carton so it is clearly visible, and address it to the following address:
3DK Returns Physical Address
Suite 3/19 York Street Subiaco, WA 6008
PO Box 8251 Subiaco East, 6008 WA
Where the client is responsible for freight costs, 3DK recommends that products returned by post be sent by registered or certified mail. We accept no responsibility for loss or damage occurring in transit. Upon receipt of your product, we will assess the eligibility of your claim in accordance with this policy and the manufacturer’s warranty and contact you within 1-5 Working Days.
3. PRODUCT RETURNS AND WARRANTY POLICY
All products, with the exception of products sold on a "No Return Basis", are sold with a 3DK and/or manufacturer's warranty, unless otherwise noted. 3DK will not accept any goods for return which do not have a Return Authorisation Number. Each Return Authorisation Number is only valid for one product and must match the product authorised for return. The Return Authorisation Number is valid for 10 working days, 3DK must receive the returned product within this period.
DESKTOP PACKAGE WORKMANSHIP FAULT WITHIN 3DK 12 MONTH WORKMANSHIP WARRANTY
If the fault is with a computer desktop package, and 3DK’s workmanship is deemed to be the only issue causing the fault, a 3DK technician will usually be able to the correct the fault within 1-3 Working Days with no charge (RTB). In busy periods such as Christmas and the End of Financial Year this may be take an extra day or two.
DESKTOP PACKAGE FAULT WITH MANUFACTURER COMPONENT – WITHIN WARRANTY
If the fault is with a computer desktop package component which is within the manufacturer’s warranty, a 3DK technician will Return To Base the component to the manufacturer with a warranty request within 1-3 Working Days. 3DK cannot guarantee response from the manufacturer to accept liability or time taken to do so. If the manufacturer disputes warranty request and the client decides not to proceed with the warranty repair, the manufacturer may charge the client an inspection fee. If the manufacturer disputes warranty request and the client decides to continue with component replacement, 3DK will issue a quote and proceed only upon written authorisation from client. In this instance, freight costs of repaired product to the client is the client’s responsibility.
DESKTOP FAULT WITH MANUFACTURER COMPONENT – NOT WITHIN WARRANTY
If the fault is with a computer desktop package component which is not within the manufacturer’s warranty, 3DK will provide you with a quote for the repair costs and ask if you wish to proceed with the repair. Freight charges of repaired product to the client is the client’s responsibility.
LAPTOP AND/OR ANCILLARY HARDWARE WITHIN MANUFACTURER WARRANTY
Laptops and ancillary hardware normally have a dedicated service center to handle warranty claim. This process is external to 3DK and the end user will need to make arrangements with the Authorised Service centre.
LAPTOP AND/OR ANCILLARY HARDWARE – NOT WITHIN WARRANTY
If the fault is with a laptop and/or ancillary hardware which is not within the manufacturer’s warranty, a 3DK technician will Return To Base to the manufacturer with a warranty request within 1-3 Working Days. 3DK cannot guarantee response from the manufacturer to accept liability or time taken to do so. If manufacturer disputes warranty request, freight charges of unrepaired product is the responsibility of the client.
4.DEAD ON ARRIVAL
If a Desktop Package purchased from 3DK does not function correctly when you first receive it, it may be Dead on Arrival. You must contact 3DK within 3 days of delivery. You must follow the returns process above to return the product. We will test all Desktop Packages returned this way within 2 working days of arrival at our office. Laptop and/or ancillary hardware may need to be returned to the manufacturer for testing. This involves return to Base conditions for the manufacturer as outlined previously. If you return a product because it was dead on arrival but we find that the product is in full working condition or any defects or damage were caused after you took receipt of the product, you will be invoiced a processing fee of the equivalent to a 1 hour service charge at prevailing rates. The client is responsible for freight costs associated with the return. These invoiced amounts must be paid before we return the original product to you.
If 3DK determines that a Desktops Package is defective, we will repair and return the product at no expense to the client within 3 working days. If 3DK determines that a laptop and/or ancillary hardware is defective, 3DK will Return To Base to the manufacturer with a warranty request within 1-3 Working Days. 3DK cannot guarantee response from the manufacturer to accept liability or time taken to do so. If manufacturer disputes warranty request, return of unrepaired product is the responsibility of the client.
5.GOODS DELIVERED BY 3DK OR 3DK COURIERS - DAMAGED IN TRANSIT
If you receive a product that is damaged in transit from us to you, you should:
1. Refuse to accept delivery of the product.
2. Direct the courier to "Return goods to sender" and
3. Notify 3DK immediately (same working day)
If you have already accepted delivery, and then notice that the product appears to have been damaged in transit, you should notify 3DK immediately. Time stamped images of damage are required. If your product is in full working condition or any defects or damage were caused after you took receipt of the product, you will be invoiced a processing fee fee of the equivalent to a 1 hour service charge at prevailing rates and any freight costs associated with the return. These invoiced amounts must be paid before we return the original product to you.
If 3DK determines that the product is defective due to transit:
(a) Desktop Package – 3DK will cover freight costs and repairs
(b) Laptop – 3DK will cover freight costs and repairs
If you receive a product that is incorrect (different to the one you ordered), we will arrange for the product to be collected from you. If we find that the product was shipped correctly (for example, where you have ordered the wrong product by mistake), you will be invoiced a processing fee of the equivalent to a 1 hour service charge at prevailing rates freight costs associated with the return. These invoiced amounts must be paid before we return the original product to you. If the product was incorrect, we will send you the correct product at our cost or issue a credit for the original purchase price of the product and associated freight costs.
Unopened software can only be returned for credit or exchange as an unopened product or incorrect item. Faulty or damaged software can be returned for an exchange as a dead on arrival or damaged in transit product. However, opened software or software that has been electronically registered that is not faulty or damaged cannot be returned.
8.NO RETURN BASIS PRODUCT
The term no return basis means that, unless the product is dead on arrival, damaged in transit, incorrectly shipped or otherwise returnable under a manufacturer's warranty or other contract or statute, or statutory warranty (e.g. if the product is faulty, does not match a description or sample) the product will not be accepted for return. Examples of products sold on a no return basis include:
• Clearance products
• Licensed software
• Products with a "No Return basis" label
• Products specially ordered for a customer
• Product listed on the packing slip or invoice as "No Return"
Examples of no return basis products which we would accept for a return are:
• Dead on arrival or damaged in transit product.
• Product that fails to perform to the manufacturer's specifications.
• Product that fails to perform as advertised.
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
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;
(c) We do not exercise any control over, authorise or make any warranty
(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
(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.
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
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
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.
5.7 If out of contract, 30 days notice in writing is required for requested termination of all NBN or ADSL services provided by 3DK.
If within contract, full payout is required to end of contract date for requested termination in writing, of all NBN or ADSL services provided by 3DK.