Terms & Privacy

Terms & Conditions

Terms & Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.36negative.com.au website (the “Service”) operated by 36negative (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by 36negative.

36negative has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 36negative shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Service.

Governing Law
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Disclaimers
We will endeavour to ensure that information provided through this website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):

We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website.

We do not warrant that access to this website will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website.

We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

Privacy Policy

View our Privacy Policy

Online Store

Pricing
All prices in the shopping areas are in Australian dollars (AUD$) and include GST (where applicable). All prices are correct at time of publication; however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.

We reserve the right to withdraw any product from sale without notice, for any reason. However for various reasons, that product might still appear on our website for a period of time after that withdrawal. We make no undertaking that a product shown on this website will be available for purchase online at all stores or at a specific store.

All product prices stated on this website are inclusive of Australian goods and services tax.

Prices and colours of products may change, and all products are subject to availability;

Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);

Despite every effort to accurately duplicate each product’s colours on our website, they are intended as a guide only and actual colours may vary. The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor’s display of any image will accurately reflect the colour of the product on delivery;

Description of products are summaries only (with further information available on request to us); and
Due to technical or human error, information may be recorded incorrectly or omitted.

Return Poilcy

The utmost care is taken with all of orders and each is dealt with on a case by case basis. Sometimes however, accidents or errors may occur. 36negative must be notified of faulty, damaged, incorrect or missing products as soon as possible following your order being delivered. If you are in any way unsatisfied with your purchase from 36negative, please contact us.

Unless there are prevailing exceptional circumstances, once an order has been placed and lodged with our printing lab, cancellations will incur a fee of up to 100% of payments made.

Design Services

Copyright & Ownership

All images displayed are subject to copyright as owned by the photographer. Use of these images for any purpose, without the prior permission of the photographer is a breach of law and may result in legal action.

Images may not be downloaded, reproduced, copied, projected, or used in any way without express written permission from the photographer.

*Copyright is applied include any third-party royalty free artwork or imagery used within this website or within design services.

Subscription Services

36Negative’s Subscription Service for pre-arranged hourly design services are

Weekly/Monthly Design Subscription Formats:
By purchasing/arranging to Subscription, you agree to an initial and recurring Subscription fee at the then-current Subscription rate, agreed upon weekly/monthly hours for design service & the frequency of payments are agreed to at point of payment setup, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Subscription at any time, subject to the terms of our Termination Policy.

36Negative will charge you a non-refundable “Design Subscription” in the amount set forth on the Services. The Subscription Fee will be charged to your credit card or other automated payment method as arranged between yourself & 36negative at the time either on a weekly or monthy format. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy. If you receive Fixes automatically, you agree to the Styling Fee being charged to the card on file on a recurring basis according to the frequency you selected until you cancel the automatic Subscription Service (Refer to Termination Policy). We will not be liable in the event your or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

The Customer shall pay subscription fees to 36Negative for the Service in accordance with this clause. No refunds are given for subscription fees that have been paid.

Subscription fees shall be calculated by reference to the total number of Active Users during each Billing Month. Invoices shall be generated automatically on the last day of each Billing Month and payment collected on the same day by Braintree or such other automatic payment system that Solverboard may use from time to time.

If 36Negative has not received payment by the due date, and without prejudice to any other rights and remedies of 36Negative:
(a) 36Negative may, without liability to the Customer, disable the Customer’s, account and access to all or part of the Service and 36Negative shall be under no obligation to provide any or all of the Service while the invoice(s) concerned remain unpaid; and
(b) interest shall accrue on a daily basis on such due amounts at the statutory rate for the time being in force under the Late Payment of Commercial Debts (Interest) Act 1998 continuing until fully paid, whether before or after judgment.
(c) All amounts are exclusive of value added tax, which shall be added to Solverboard’s invoice(s) at the appropriate rate.

36Negative will give 7 days’ notice of any increase in the subscription fees charged per user, to take effect at the start of a Billing Month.

Customers Obligations of Design Service Subscription

It is the Customer/Clients responsibility to supply 36Negative with scope of ongoing work/projects/brief descriptions of which are to be used within the arranged Subscription Service Period. Subscribers to Subscription Services hereby understand that failure to supply 36Negative with a scope of work to utilise their dedicated hourly design services within the weekly/monthly service period are not eligible for refund or rollover hours of service into the following billing period.

If Customers of the subscription service fail to provide 36Negative with adequate works/projects within the current active subscription period (either weekly or monthly service, which ever was arranged) 36Negative will endeavour (but is not obligated) to contact subscription subscribers to notify them that we their subscription service may be going unused within that billing period.

Non-refundable Fees

As Subscriber to Subscription Services, you agree to an initial and recurring Weekly or Monthly Subscription fee at the then-current agreed Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Subscription at any time with given notice of 7 days via write format.

Refunds and/or credits for unused services outlined in a subscription service are void an non-refundable. Expired & unused service hours for that billing period are non-refundable and credit is non-transferable into the next billing period. Additional non-refundable services and/or products maybe items such as; third party Royalty Free Artworks, Fonts, Print Materials & outsource services.

Modification to Subscription Policy

We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

Termination of Subscription Services

The Contract shall, unless otherwise terminated in accordance with its terms, continue for as long as the Customer continues to subscribe for the Service.

The Customer may cancel the Service at any time by notice to 36Negative in write format (email). If the Customer does so but later renews its subscription for the Service a new Contract will be entered into on such renewal and the new Billing date will start on the date of the arranged subscription service.

Either party shall be entitled to terminate the Contract forthwith by written notice to the other if the other party:
(a) commits any material breach of the Contract that is not capable of remedy;
(b) commits any material breach of the Contract that is capable of remedy and fails to remedy it within 14 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or
(c) is involved in any legal proceedings concerning its solvency, or ceases trading, or is adjudicated bankrupt or enters into liquidation, whether compulsory or voluntary (other than for the purposes of an amalgamation or reconstruction), or makes an arrangement with its creditors or petitions for an administration order or has a receiver or manager appointed over all or any part of its assets or generally becomes unable to pay its debts within the meaning of Insolvency Act or any analogous event occurs in any relevant jurisdiction.

Force Majeure
36Negative shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of 36Negative or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of 36Negatives or sub-contractors, provided that the Customer is notified of such an event and its expected duration.