Contact Us

Terms of Service

1. Definitions and Interpretation

In these Terms of Service:

  • "Rcreate" refers to [Your Business Legal Structure - e.g., Rcreate Pty Ltd], located at 7 White Street, Windsor, VIC 3181.
  • "Services" encompasses all services offered by Rcreate, including 3D printing & design, marketing & design, IT solutions & management, smart home integration, and any other services listed on the Rcreate website or agreed upon in writing.
  • "Customer Data" means any data provided by the Customer to Rcreate, including personal information, business data, and any other information.
  • "Confidential Information" means any information disclosed by either party to the other party that is marked as confidential or is by its nature confidential.  
  • "Associated Agreement" refers to any separate agreement or statement of work that details the specific terms and conditions for a particular Service provided by Rcreate.
  • "Intellectual Property" means all intellectual property rights, including copyrights, trademarks, patents, and trade secrets.
  • "Personal Information" has the meaning given to it in the Privacy Act 1988 (Cth).

2. Services Offered

Rcreate provides a range of services related to 3D printing & design, marketing & design, IT solutions & management, and smart home integration. A comprehensive list of our current service offerings can be found on our website [link to services page]. We are continually expanding our services, so please check our website for the most up-to-date information. Specific details regarding any service will be outlined in separate Associated Agreements or proposals.

3. User Responsibilities

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site or Services in any way that violates applicable laws or regulations.  
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity.  
  • Interfere with or disrupt the operation of the Site or Services.  
  • Attempt to gain unauthorized access to any part of the Site or Services.  

4. Customer Obligations

Without limiting your obligations under any Associated Agreement, you will:

  • Provide data in a format suitable for import and as reasonably requested by Rcreate.
  • Provide a safe work environment for Rcreate personnel at your premises.
  • Maintain appropriate insurance.
  • Back up your data regularly.
  • Provide timely assistance, permissions, information, and access to systems as reasonably required.
  • Follow Rcreate's reasonable directions.

5. Pricing and Payment

Each Associated Agreement will specify the charges for the Services. Invoices are due [Number] days from the invoice date. [Add details regarding payment methods, late payment fees, expense policies, price increase policies, and dispute procedures related to invoices].

6. Ownership and Risk

Unless otherwise agreed in writing, ownership of any tangible goods supplied by Rcreate, including but not limited to 3D printed products, hardware, or other equipment, remains with Rcreate until full payment has been received. Risk of loss or damage to the goods passes to you upon delivery. "Delivery" means the goods are provided to your possession or the possession of a third party acting on your behalf, such as a courier.

It is your responsibility to inspect the goods upon delivery and notify Rcreate in writing within [Number] days of any damage or defects. If you fail to notify us within this timeframe, you will be deemed to have accepted the goods in their delivered condition.

7. Personal Property Securities Act (PPSA)

Where Rcreate supplies goods to you under these Terms or any Associated Agreement, and ownership does not transfer until full payment is received, you acknowledge and agree that this arrangement constitutes a purchase money security interest (PMSI) in those goods as defined under the Personal Property Securities Act 2009 (Cth) (PPSA).

To secure Rcreate's interest in the goods, you agree to the following:

  • You grant Rcreate a security interest in the goods until all amounts owed to Rcreate in respect of those goods are paid in full.
  • You will promptly execute all documents and do all other things reasonably required by Rcreate to enable Rcreate to perfect and maintain the perfection of its security interest in the goods, including registering a financing statement on the Personal Property Securities Register (PPSR).
  • You waive your right to receive a verification statement under section 157 of the PPSA.
  • You agree that Rcreate may, at any time, enter your premises during normal business hours to repossess the goods if you fail to make payment in full when due. You irrevocably authorize Rcreate to enter your premises for this purpose.
  • You will not grant a security interest in the goods to any other party until you have paid Rcreate in full for the goods.
  • You will notify Rcreate immediately in writing if you change your name, address, or other relevant details.
  • You agree that the goods are not acquired for personal, domestic, or household use.

These provisions are intended to protect Rcreate's security interest in goods supplied to you until payment is received in full. You should seek independent legal advice regarding the implications of these PPSA provisions.

8. Customer Data

You are responsible for providing Customer Data only to the extent necessary for Rcreate to perform the Services. You represent and warrant that you have all necessary rights and permissions to provide this data to us.

Rcreate will access and use Customer Data solely for the purpose of providing the Services and in accordance with applicable data protection laws, including the Privacy Act 1988 (Cth). We maintain reasonable and appropriate security measures to protect Customer Data from unauthorized access, use, or disclosure. These measures include:

  • Data Encryption: We encrypt Customer Data both in transit and at rest using industry-standard encryption protocols.
  • Access Controls: Access to Customer Data is restricted to authorized personnel only, on a need-to-know basis. We utilize strong passwords, multi-factor authentication, and role-based access controls.
  • Data Backups: We perform regular backups of Customer Data to prevent data loss. These backups are stored securely and are subject to the same security measures as the original data.
  • Physical Security: Our servers and data storage facilities are located in secure environments with restricted physical access.
  • Employee Training: All Rcreate employees receive regular training on data protection and security best practices.

Data Retention: We will retain Customer Data for as long as necessary to provide the Services and comply with applicable legal and regulatory requirements. Upon termination of the Services, we will, at your option, either return or securely destroy all Customer Data in our possession, unless we are required to retain it by law.

Data Breaches: In the event of a data breach, we will notify you as soon as practicable after becoming aware of the breach and will cooperate with you in investigating and mitigating the breach. We will also comply with all applicable data breach notification laws.

Data Processing: Depending on the specific Services you engage, we may utilize third-party service providers to process Customer Data on our behalf.

9. Personal Information

You must obtain all necessary consents before providing Personal Information to Rcreate. Both parties will comply with applicable privacy laws.

10. Confidential Information

Each party will keep confidential information confidential and will not disclose it to third parties without prior written consent.

11. Intellectual Property

Rcreate owns all Intellectual Property in its methods, processes, and know-how. [Include provisions regarding ownership of any custom IP created for the customer, if applicable.]

12. Warranties and Disclaimers

We warrant that the Services will be provided with reasonable care and skill. Except as expressly stated in these Terms or any Associated Agreement, and to the maximum extent permitted by law, we disclaim all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.  

We do not warrant that the Services will be uninterrupted, error-free, or that any specific results will be achieved. While we strive to provide accurate and reliable Services, we make no guarantees regarding the performance or suitability of the Services for your specific needs.  

Australian Consumer Law: Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:  

  • to cancel your service contract with us and to a refund for the unused portion; or
  • to compensate for the reduced value of the services.  

You are also entitled to have problems with the service re-performed or to receive a refund of the fees you have already paid, if the problems constitute a minor failure.

13. Termination

These Terms and any Associated Agreement may be terminated by either party under the following circumstances:

  • By Mutual Agreement: Both parties may agree in writing to terminate these Terms or a specific Associated Agreement at any time.
  • For Cause: Either party may terminate these Terms or a specific Associated Agreement immediately upon written notice to the other party if the other party materially breaches these Terms or that Associated Agreement and fails to cure such breach within [Number] days of receiving written notice of the breach. For Rcreate, material breach by the customer includes, but is not limited to, failure to pay invoices when due.
  • Without Cause (for Term Agreements): If an Associated Agreement is for a specific term, and does not automatically renew, either party may terminate the Associated Agreement without cause by providing written notice to the other party at least [Number] days prior to the end of the then-current term.
  • Without Cause (for Ongoing Agreements): If an Associated Agreement is ongoing (i.e. month-to-month, or without a specified end date), either party may terminate the Associated Agreement without cause by providing written notice to the other party at least [Number] days prior to the desired termination date.
  • Consequences of Termination: Upon termination of these Terms or an Associated Agreement:
    • All outstanding invoices will become immediately due and payable.
    • Each party will return or destroy any Confidential Information of the other party in its possession.
    • If the termination is by the customer for cause by Rcreate, the Customer will be entitled to a refund for any prepaid fees for Services not yet rendered.
    • If the termination is by Rcreate for cause by the customer, the Customer will not be entitled to any refunds.
    • Any provisions that by their nature are intended to survive termination (such as confidentiality, intellectual property, and liability limitations) will remain in effect after termination.

14. Liability

To the maximum extent permitted by law, our liability to you for any loss or damage arising out of or in connection with these Terms, any Associated Agreement, or the Services provided, whether in contract, tort (including negligence), equity, or otherwise, is limited as follows:

  • We exclude all liability for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, business interruption, or any other similar losses, even if we have been advised of the possibility of such damages.  
  • Our total liability to you for any claim or series of related claims arising out of or in connection with these Terms, any Associated Agreement, or the Services provided is limited to the total amount you have paid to us for the specific Service giving rise to the claim in the twelve (12) months preceding the date of the claim.
  • The limitations of liability in this clause do not apply to any liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by our negligence, or our liability for breach of a consumer guarantee under the Australian Consumer Law.  
  • You acknowledge and agree that the limitations of liability set out in this clause are reasonable having regard to the nature of the Services provided and the risks associated with them.

15. Dispute Resolution

We are committed to resolving any disputes that may arise fairly and efficiently. If you have a complaint or dispute related to these Terms or our Services, please contact us first at [email protected] with a clear description of the issue. We will make every effort to address your concerns and find a mutually agreeable solution.

If we are unable to resolve the dispute informally within [Number] days, we agree to participate in mediation in accordance with the following process:

  1. Notice of Dispute: The party initiating the dispute must provide written notice to the other party, clearly outlining the nature of the dispute and the desired resolution.
  2. Mediation: The parties agree to engage a neutral and qualified mediator, mutually agreed upon, to facilitate discussions and assist in reaching a resolution. If we cannot agree on a mediator within [Number] days, we will request the appointment of a mediator by [Relevant Organisation - e.g., the Australian Disputes Centre].
  3. Good Faith Participation: Both parties agree to participate in the mediation process in good faith, with the aim of achieving a settlement.
  4. Costs: The costs of the mediation will be shared equally between the parties.
  5. Legal Action: If mediation is unsuccessful, either party may then pursue legal action in the courts of Victoria, Australia. However, we encourage you to consider mediation as a first step towards resolution.

16. Non-Solicitation

During the term of our engagement and for a period of 1 years following its termination, neither party will, without the prior written consent of the other party, directly or indirectly solicit, recruit, or hire any employee, contractor, or consultant of the other party who has been involved in the provision or receipt of the Services. This restriction applies regardless of whether the solicitation is for employment, consulting, or any other type of engagement.

This non-solicitation obligation is intended to protect the valuable relationships and intellectual capital developed during our collaboration. If either party breaches this provision, they agree to compensate the aggrieved party for any resulting losses, including but not limited to the costs associated with replacing the employee, contractor, or consultant.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms or  any Associated Agreement to the extent that such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond  the reasonable control of the affected party, including but not limited to:  

  • Acts of God, such as floods, earthquakes, or other natural disasters;
  • War or terrorism;
  • Riots or civil unrest;
  • Strikes or labor disputes;
  • Governmental actions or regulations;
  • Pandemics or epidemics;
  • Failure of essential utilities, such as power or telecommunications; and
  • Acts of third parties beyond the control of the affected party.

The affected party must promptly notify the other party of the Force Majeure Event and its expected duration. During a Force Majeure Event, the affected party's obligations will be suspended to the extent reasonably necessary. If the Force Majeure Event continues for more than [Number] days, either party may terminate these Terms or the affected Associated Agreement by providing written notice to the other party.

18. Governing Law

These Terms are governed by the laws of Victoria, Australia.

19. Contact Information

RCreate 

7 White Street, Windsor, VIC 3181 

[email protected] 

+61 434 922 969