Last Updated: 16/06/25
Welcome to ESA3D. These Terms of Use (“Terms”) govern your access to and use of our website, esa3d.com.au (the “Site”), and the engineering design, 3D printing, and product development services (the “Services”) we provide.
Please read these Terms carefully. By accessing the Site or using our Services, you agree to be bound by these Terms and our Privacy Policy.
1. Our Services
ESA3D provides a range of services including, but not limited to, 3D CAD design, product development, 3D printing, and associated engineering services. All services are subject to the terms and conditions outlined herein.
2. Quotes, Orders, and Payment
a) Quotes: To receive a quote for our Services, you may be required to submit project files (e.g., CAD files), specifications, and other relevant information. All quotes are provided based on the information you supply and are valid for a period of 30 days unless otherwise stated.
b) Orders: Placing an order constitutes an offer to purchase our Services, which we may accept or decline at our discretion.
c) Payment: All prices are in Australian Dollars (AUD) unless otherwise specified. Payment for Services is due upon placing an order, unless alternative arrangements have been made in writing. We accept payment via the methods specified on our Site.
3. Intellectual Property Rights
a) Your Intellectual Property: You retain all intellectual property rights to the designs, CAD files, and any other proprietary information you provide to us (“Client IP”). We will not use your Client IP for any purpose other than providing the requested Services. We will not share your Client IP with any third party unless it is necessary to provide the Services (e.g., using a third-party printing service, which will only be done with your consent).
b) Our Intellectual Property: All content on the Site, including text, graphics, logos, and software, is the property of ESA3D or its content suppliers and is protected by Australian and international copyright laws.
4. Client Responsibilities
You are responsible for:
- Ensuring that your designs and project files do not infringe on the intellectual property rights of any third party.
- Verifying that your design is suitable for its intended purpose. While we provide design and engineering services, the ultimate responsibility for the functionality and safety of the final product rests with you.
- Providing accurate and complete information for quotes and orders.
5. Design and Manufacturing Tolerances
You acknowledge that 3D printing is a complex process and that dimensional accuracy can be affected by various factors. We will work to the specifications provided, but you accept that there may be minor variations and tolerances inherent in the manufacturing process.
6. Revisions and Changes
If you require changes to a design or project after an order has been placed, please contact us immediately. We will do our best to accommodate your request. Additional charges may apply for any changes that increase the scope of the project.
7. Limitation of Liability
To the maximum extent permitted by Australian law, ESA3D shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
- The use or the inability to use the Service.
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained.
- Unauthorized access to or alteration of your transmissions or data.
Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services.
8. Indemnification
You agree to indemnify and hold us harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your use of our Services, your breach of these Terms, or your violation of any law or the rights of a third party.
9. Governing Law
These Terms shall be governed by and defined following the laws of Victoria, Australia. You irrevocably consent that the courts of Victoria shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
10. Changes to These Terms
We reserve the right to revise these Terms at any time. The “Last Updated” date will indicate when the latest changes were made. Your continued use of the Site or our Services after such changes constitutes your acceptance of the new Terms.
11. Contact Us
If you have any questions about these Terms, please contact us at:
ESA3D Email: [email protected] Phone: 0489 204 747