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TERMS AND CONDITIONS

The following Terms and Conditions of Service apply to all products and services provided by Th3rd Dimension Media.

 

Th3rd Dimension Media carries out all work on the understanding that the client has agreed to Th3rd Dimension Media's terms and conditions.

Copyright is retained by Th3rd Dimension Media on all design work and footage including words, pictures, ideas, videos, animation, visuals and illustrations unless specifically released in writing and after all costs have been settled.

 

If a choice of design is presented, only one solution is deemed to be given by Th3rd Dimension Media as fulfilling the contract. All other designs remain the property of Th3rd Dimension Media, unless agreed in writing that this arrangement has been changed.

 

Project Acceptance

At the time of proposal, Th3rd Dimension Media will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the Th3rd Dimension Media website.

 

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Th3rd Dimension Media. Alternatively, the client may send an official order in reply to the estimate or quotation that binds the client to accept Th3rd Dimension Media’s terms and conditions, or an email to acknowledge acceptance of the quotation. No work on a project will commence until Th3rd Dimension Media has received acceptance of the quotation.

 

Design & Production Charges

Projects cotaining aerial work such as UAV's,drones or helicopters are requred to be paid in full 100% of the quoted amount prior to any work commencing.

Charges for design and production services to be provided by Th3rd Dimension Media will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance or official order of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due.  Work on the project and dates for productions and bookings will not be confirmed and will not commence until Th3rd Dimension Media has received this amount.

Unless agreed otherwise with the Client, all design and production services require a non-refundable advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

 

Source Files

Charges for design and production work do not cover the release of copyright raw footage, design or project files including indd, psd, png, fla, aep, prproj, mp4, mov, MTS or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge unless negotiated and agreed in writing that this arrangement has been changed.

 

Charges for Other Services

Charges for any additional services over and above the estimated design will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

 

Travel

Charges for travel will be incurred for any projects booked where our staff need to be in attendance. Travel costs will be calculated based on kilometres away from our HQ and will be due at the deposit stage.  

 

Payment

The client will be provided with a final proof and Invoice prior to final publication. At this time the remainder of the amount due will become payable to Th3rd Dimension Media.

Payments may be made by online transfer, cash or cheque. Publication and/or release of work done by Th3rd Dimension Media on behalf of the client, may not take place before cleared funds have been received.

 

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned payment. Th3rd Dimension Media shall be considered entitled to remove Th3rd Dimension Media and/or the client's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, media, design and maintenance, sub-contractors, printers, photographers and libraries.

 

Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Th3rd Dimension Media’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

 

Copyrights and Trademarks

By supplying text, images, video and other data to Th3rd Dimension Media for inclusion in the client's website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, video, media or text supplied and/or designed by Th3rd Dimension Media on behalf of the client, will remain the property of Th3rd Dimension Media and/or its suppliers.

The client may request in writing from Th3rd Dimension Media, the necessary permission to use materials (for which Th3rd Dimension Media holds the copyright) in forms other than for which it was originally supplied, and Th3rd Dimension Media may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, video or other data to be used.

By supplying images, text, video or any other data to Th3rd Dimension Media, the client grants Th3rd Dimension Media permission to use this material freely in the pursuit of the design.

Should Th3rd Dimension Media, or the client supply an image, text, video audio clip or any other file for use in a website, multimedia presentation, broadcasting, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Th3rd Dimension Media to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold Th3rd Dimension Media free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

 

Alterations

The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design or project will be liable to a separate charge.

The client also agrees that Th3rd Dimension Media holds no responsibility for any amendments made by any third party, before or after a design/project and production is published.

 

Guarantees

Th3rd Dimension Media will make every attempt to properly videotape, photograph and record all pertinent footage and photography to be used in the development of the video and photo productions. The client is aware that because of the nature ‘live production’, adverse situations and equipment failures can occur beyond Th3rd Dimension Medias control that may alter the outcome of the video and photography productions. Th3rd Dimension Media cannot guarantee that any specific portion of the client’s event will be recorded and/or photographed in full or in part. Th3rd Dimension Media will not be held monetarily or any way liable to the client for failure to record and/or photograph any specific portion of the client’s event.

Under no circumstances (whether due to a breach of this agreement or otherwise) will Th3rd Dimension Media or its representatives be held financially liable for an amount which exceeds the amount payable by the client to Th3rd Dimension Media under this Agreement.

 

Licensing

Any design, production, copywriting, drawing, idea or code created for the customer by Th3rd Dimension Media, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the expressed written consent of Th3rd Dimension Media and any of its relevant sub-contractors.

 

All design and production work - where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Th3rd Dimension Media will not be held responsible for any and all damages resulting from such claims. Th3rd Dimension Media is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Th3rd Dimension Media responsible for any such loss or damage. Any claim against Th3rd Dimension Media shall be limited to the relevant fee(s) paid by the client.

 

Th3rd Dimension Media holds all licences for artwork produced or template designs used and the client may request in writing from Th3rd Dimension Media, the necessary permission to use materials (for which Th3rd Dimension Media holds the licences) in forms other than for which it was originally supplied, and Th3rd Dimension Media may, at its discretion, grant this. Th3rd Dimension Media reserves the right to charge the client 50% more of the original cost of the template or artwork supplied.

 

Data Formats

The client agrees to Th3rd Dimension Media’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Th3rd Dimension Media in electronic format as standard text (.txt), MS Word (.doc) on USB, or via e-mail / FTP.

Images and videos which are supplied in an electronic format are to be provided in a format as prescribed by Th3rd Dimension Media via USB, or e-mail / FTP.

Images and video must be of a quality suitable for use without any subsequent image processing, and Th3rd Dimension Media will not be held responsible for any media quality that the client later deems to be unacceptable. Th3rd Dimension Media cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials or any other media which is save or ripped from online or external media.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, media ripping, digital image processing or rendering, data entry services, colour correction and alteration of images and videos.

 

DVD Distribution

Th3rd Dimension Media DVD authoring technology produces videos on DVD-R media which occasionally can be incompatible with some DVD players. If Client cannot playback DVD Th3rd Dimension Media will alternatively produce video on ONE DVD+R media.

 

Illness and Unexpected Events including Weather Events

Th3rd Dimension Media will not be liable to the client under any circumstances if its performance and products is prevented or impaired due to war, industrial action, fire, acts of God including adverse weather, conditions, earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Th3rd Dimension Media. In the event that any of the aforementioned circumstances occur, Th3rd Dimension Media will not be liable to return the non-refundable payment made to secure the booking. Th3rd Dimension Media reserves the right to decline outdoor filming and photographing in the event of inclement weather or severe weather events (ie. Cyclone, Flooding or Severe Storm Systems) and projects will be rescheduled where possible. If it is not possible to reschedule,  Th3rd Dimension Media will then have no further liability with respect to this Agreement.

 

In the event of any unanticipated employee illness, Th3rd Dimension Media will make all reasonable efforts to substitute another competent professional. If another employee cannot be assigned in time for the event, Th3rd Dimension Media will promptly return to the client all payments previously made by the client to it, and will then have no further liability with respect to this Agreement.

 

Design Project Duration

Any indication given by Th3rd Dimension Media of a project's duration is to be considered by the client to be an estimation. Th3rd Dimension Media cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Th3rd Dimension Media for the initial payment or by date confirmed in writing by Th3rd Dimension Media.

 

Rights of Access for Website Construction

The client agrees to allow Th3rd Dimension Media all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Th3rd Dimension Media access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The client agrees to supply Th3rd Dimension Media with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner. As a company policy, under no circumstances will Th3rd Dimension Media provide the client CPanel login or any administrative passwords in relation to any web design.

 

Project Completion

Th3rd Dimension Media considers the project complete upon receipt of the client's approval. Other services such as printing, display panel production, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

 

Website Design Only

Th3rd Dimension Media requires that the customer approves a template before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

Once web design is complete, Th3rd Dimension Media will provide the customer with the opportunity to review the resulting work. Th3rd Dimension Media will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Th3rd Dimension Media by e-mail.

Th3rd Dimension Media will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

 

Hosting websites and email

Th3rd Dimension Media offers a limited in-house hosting service through an out-sourced virtual server. Th3rd Dimension Media does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Th3rd Dimension Media's web clients must use the hosting package offered in their quote. Th3rd Dimension Media may request that clients change the type of hosting account used if that account is deemed by Th3rd Dimension Media to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Th3rd Dimension Media’s virtual server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organizations are the responsibility of the client and Th3rd Dimension Media are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner. Th3rd Dimension Media accepts no responsibility for the loss of emails on the server and encourage clients to always have a back-up or copy on their personal computer.

 

Domain Registration

Th3rd Dimension Media cannot guarantee the availability of any domain name. Where Th3rd Dimension Media is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.

 

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site's ranking, Th3rd Dimension Media cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Th3rd Dimension Media recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

 

Design and Project Credits

The client agrees to allow Th3rd Dimension Media to place a small credit on printed material, videos, broadcasting, exhibition displays, advertisements and/or a link to Th3rd Dimension Media’s own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page or media.

The client also agrees to allow Th3rd Dimension Media to place websites and other media designs, along with a link to the client's site on Th3rd Dimension Media own website for demonstration purposes and to use any designs in its own publicity and portfolios.

 

Rights of Refusal

Th3rd Dimension Media will not include in its designs, any text, images, videos or other data that it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Th3rd Dimension Media also reserves the right to refuse to include submitted material without giving reason. In the situation where any images, videos and/or data that Th3rd Dimension Media does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Th3rd Dimension Media to remove the contravention without hindrance, or penalty. Th3rd Dimension Media is to be held in no way responsible for any such data being included.

 

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Th3rd Dimension Media will need formal notification in writing via email. The client will then be invoiced for all work completed over and above the non-refundable deposit (50% of total invoice or 100% for all aerial works) that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Th3rd Dimension Media within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

 

Disclaimer

Th3rd Dimension Media makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Th3rd Dimension Media will not be held responsible for any and all damages resulting from products and/or services it supplies. Th3rd Dimension Media is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Th3rd Dimension Media responsible for any such loss or damage. Any claim against Th3rd Dimension Media shall be limited to the relevant fee(s) paid by the client.

 

Th3rd Dimension Media reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Th3rd Dimension Media will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

 

Th3rd Dimension Media and its clients agree to comply with Printers Terms and Conditions that include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Th3rd Dimension Media recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Th3rd Dimension Media reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

 

Acceptance of Terms and Conditions and Quotation

The placement of an order for design, production and/or any other services offered by Th3rd Dimension Media, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.th3rddimension.com

 

An estimate validated by the client's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Th3rd Dimension Media.

 

Privacy Policy

 

This privacy policy relates to Th3rd Dimension Media

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

The privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

 

Information Collection

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. Information provided for design purposes is not shared with any third party unless permission is received or a request is made by you.

Cookie/Tracking Technology

This site uses cookie and tracking technology for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Information Distribution

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Data Security Commitment

Your personally identifiable information and ideas are kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy you may contact us. We reserve the right to make changes to this policy. Any changes to this policy will be posted online.

 

 

For any further infrormation please contact admin@th3rddimension.com.

 

 

 

 
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