Terms & Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”, “Terms & Conditions”, “T&Cs”) shall govern all transactions between 3D Walkabout Pty Ltd (“us”, “we”, or “our”) its subsidiaries, affiliates, brands, and other related companies and all our customers (“Customer”) for all our services and products. You will be taken to have to have accepted these Terms and Conditions if you order, accept or pay for any services or products provided by us after being made aware of these terms (either via a hyperlink or as a written URL e.g. https://3dwalkabout.com.au/terms-conditions)
Customer expressly acknowledges and agrees that the Terms & Conditions supersede over any pre-printed terms and conditions on any Customer purchase order or other sales document and are incorporated by reference and deemed an integral part of any Quotation, Order Confirmation, Invoice or other agreement for Services. Any request and/or receipt of our Services includes Customer’s agreement to be bound by these Terms & Conditions. Any variation or modification to these Terms & Conditions must be in writing.
Website Terms
By using this website you agree to be bound by the terms and conditions set out on this webpage. If you do not accept these terms and conditions, you must refrain from using this website. This website is owned and operated by 3D Walkabout Pty Ltd, ABN 28 633 509 887 (referred to in these terms and conditions as ‘3D Walkabout’, ‘we’, ‘us’, or ‘our’).
Quotations and Specifications
Upon receipt of specifications from the Customer, we shall indicate our ability and agreement to undertake to provide Services through issuance of a Quotation. This may be provided by email or generated from ‘Xero’, our accounting software. It is the Customer’s responsibility to confirm that all specifications indicated in a Quotation are complete and accurate in all respects. In the event that any specification is found to be incomplete or inaccurate, we reserve the right to stop work until such time as appropriate and agreeable changes to a Quotation or Order Confirmation are finalized.
The Quotation and Order Confirmation contains the complete and exclusive definition and description of the Services to be provided, price and payment terms. Upon issuance of a Quotation, the Customer shall notify us of its approval and acceptance of the Quotation in writing – either by email or by approving the Quotation sent through Xero, our accounting software. No agreement to provide Services is complete until we have issued an Order Confirmation, by email, confirming our acceptance of the approved Quotation.
Amendments, Changes & Revisions
A determined number of amendment rounds is agreed during the quotation process. If no number is agreed, the default of 2 rounds of amendments applies. 3D Walkabout will provide the Customer with ‘version one (1)’ of an initial deliverable file. The Customer must notify 3D Walkabout of all proposed changes within seven (7) days of receipt of the draft copy, constituting ‘round one (1)’ of amendments.
Once the proposed changes have been made, 3D Walkabout will provide the Customer with ‘version two (2)’ in the agreed format, which follows the same procedure as the previous round. Additional rounds of amendments, over the agreed amount or default number of two (2), will be charged at our applicable post production hourly rate and added to the final invoice. Please be aware each round of amendments (even for a small change) takes a considerable amount of time to check, amend & upload for review. It is recommended to avoid drip-feeding amendments throughout the process as this will increase the number of amendment rounds required. For each round of amendments please group revisions from ALL interested parties together into a single document/email.
Scan to BIM
1. Scope of Services
- 1.1. The 3D models and CAD drawings provided by 3D Walkabout are generated from point cloud data captured on-site and serve as a representative interpretation of the physical environment.
- 1.2. These deliverables are intended for reference purposes only and should not be considered a definitive substitute for on-site verification.
- 1.3. The deliverables reflect only the scanned areas. If the photographer is unable to access specific spaces (e.g., roof voids, tops of roofs, high ceilings, hidden elements within or behind walls or floors), these areas will not be represented in the models or drawings. The scan data is limited to what is physically visible to the scanning camera.
2. Accuracy and Verification
- 2.1. The accuracy of scan data is approximately ±20mm every 10 meters, based on the general performance of the equipment under typical scanning conditions.
- 2.2. Specifically, the Pro3 Camera used for scanning has an Accuracy Tolerance of ±20mm at a range of up to 10 meters (32.8 feet). However, it is acknowledged that under certain environmental or spatial constraints, the accuracy may deviate up to ±50mm every 10 meters.
- 2.3. On-site nominal check measures will be conducted by our photographers at key long-span dimensions, where feasible, to assist in aligning and verifying point cloud accuracy.
- 2.4. Notwithstanding the above, it remains the responsibility of architects, engineers, contractors, and all end-users to independently verify all measurements and spatial data on-site prior to any fabrication, construction, or design work.
- 2.5. 3D Walkabout only produces 3D and 2D deliverables based on the scan data acquired on-site, and does not provide warranties beyond this scope.
3. Liability Disclaimer
- 3.1. 3D Walkabout assumes no liability for any errors, omissions, or discrepancies in the Scan to BIM / CAD outputs that may result in construction delays, cost overruns, or project disruptions.
- 3.2. Any reliance on deliverables without adequate verification is done entirely at the user’s own risk.
- 3.3. The company shall not be held accountable for any structural, legal, or financial consequences arising from misinterpretation or misuse of the provided data.
4. Usage and Intellectual Property
- 4.1. All CAD drawings, BIM models, and scan data remain the exclusive intellectual property of 3D Walkabout, unless a written agreement states otherwise.
- 4.2. The deliverables may not be reproduced, distributed, or altered without the prior written consent of 3D Walkabout.
5. Modifications and Updates
- 5.1. Any required changes to the data or models due to site alterations, access constraints, or evolving client needs must be covered under a separate agreement, potentially including additional site visits or scanning.
- 5.2. Updates to these terms and conditions will be communicated to clients accordingly.
6. Governing Law
- 6.1. These terms are governed by the laws of Australia, and any disputes shall be resolved under relevant Australian jurisdiction.
7. Limitations of Scan Data & Model Representation
- 7.1. The Scan to BIM / CAD models are accurate only for the site conditions as observed at the time of scanning. Subsequent alterations or damage will not be reflected.
- 7.2. Accuracy may be impacted by line-of-sight obstructions, surface types, environmental conditions, or technical limitations.
- 7.3. Areas that are inaccessible or visually obscured—such as behind furniture, above ceilings, or inside wall cavities—may be approximated or omitted in the resulting model.
- 7.4. Models can be georeferenced or aligned to a coordinate system if explicitly requested before project commencement.
- 7.5. Deliverables in Revit (.RVT), IFC, or FBX formats are standard. IFC exports may include grouped hierarchies, but no materials, material IDs, or textures are applied to model components unless otherwise agreed.
8. Client Responsibilities
- 8.1. Clients must provide detailed project requirements, including Level of Detail (LOD), desired file formats, coordinate system references, and final deliverables.
- 8.2. Clients are solely responsible for ensuring the suitability of the deliverables for their intended use.
- 8.3. Necessary access, permissions, and health & safety arrangements for site scanning must be coordinated by the client.
Matterport 3D Virtual Tours
- Site Readiness: Clients are responsible for ensuring the site is clean, accessible, and safe for scanning at the scheduled time. If the site is not prepared, additional charges may apply to cover extra time spent onsite.
- Object Stability During Scans: 3D scanning requires that objects remain in the same position between scan points. If items are moved by the client or others during scanning, delays or reshoots may occur and will be billed accordingly.
- Tour Delivery: Upon completion, clients will receive a link to the processed virtual tour hosted on the Matterport platform. Hosting is subject to Matterport’s standard service terms.
- Tour Hosting and Transfers: Unless otherwise arranged in writing, tours are hosted via 3D Walkabout’s Matterport account. Clients may request a transfer to their own account; an administrative fee may apply.
- Hosting Fees: Ongoing hosting fees apply after any included free hosting period (if offered). Clients will be notified before any recurring charges are applied.
- Access to Final Deliverables: Final outputs are provided as view-only Matterport links. If downloadable files or other formats are required, these must be agreed upon in advance and may incur additional costs.
- Service Limitations: 3D Walkabout is not liable for any changes to Matterport’s service offerings, platform features, or pricing.
- Travel and Accommodation: Travel outside standard metropolitan or regional areas may incur additional charges, including transportation and accommodation where required.
- Parking Costs: If parking costs exceed what is deemed reasonable for the area or duration, the excess amount will be passed on to the client.
- Access Delays: If site access issues are not disclosed prior to the operator’s arrival or if delays occur due to access problems on the day, additional charges may apply to compensate for lost time.
- After-Hours Work: Scans scheduled outside regular business hours (Monday to Friday, 9:00 AM to 5:00 PM AWST) will incur after-hours service charges.
- Site Safety Requirements: If personal protective equipment (PPE), safety inductions, or site-specific onboarding is required, any associated time and costs will be billed to the client.
- Special Equipment: If additional lighting or specialist equipment is necessary due to onsite conditions, this will be charged in addition to standard rates.
- Additional Costs: Any extra time required onsite or during post-processing will be billed at 3D Walkabout’s standard hourly rate of $150 + GST.
CGI and 3D Rendering Services
3D Walkabout offers a broad range of CGI visualisation services, including but not limited to:
- Static 3D renders, photomontages, and 3D floorplans
- Animated walkthroughs and cinematic flythroughs
- 360-degree panoramic visualisations and virtual walkthroughs
- CGI-enhanced Matterport tours
- Real-time, game engine-driven interactive environments
- Web-based and augmented reality (AR) models
- AI-generated and AI-enhanced visualisations
Project Brief and Scope
- All CGI deliverables are produced based on an approved project brief supplied by the Client.
- Deliverables are provided in the agreed format, resolution, and style.
- Any changes to the scope once production has started may result in additional charges.
Client-Supplied Assets
- The Client must supply all necessary assets, drawings, references, and style preferences prior to production.
- Delays in providing these materials may impact delivery timelines and incur scheduling adjustments.
Turnaround Times
- Project turnaround varies by scope and complexity.
- Estimated delivery dates will be confirmed in writing upon project commencement.
- Expedited services are available upon request and may attract additional fees.
Revisions
- A set number of revision rounds are included in the agreed scope.
- Additional revisions beyond this will be billed at our standard hourly rate of $150 + GST.
Final Deliverables and Licensing
- Final outputs are delivered as per the usage terms defined in the original quotation.
- Use of the work beyond the agreed scope (e.g. redistribution, resale, repurposing) may require updated licensing or incur additional fees.
Artistic Nature of Work
- All CGI outputs are artistic and conceptual in nature.
- They are not to be used as technical drawings, blueprints, or relied upon for construction or compliance purposes.
Storage and File Retention
- Project files are stored for up to 90 days after final delivery.
- Retrieval after this period may not be possible and, if available, may incur administrative fees.
Credits and Portfolio Usage
- 3D Walkabout retains the right to showcase completed CGI works in its portfolio, website, and marketing materials unless otherwise agreed in writing.
Confidentiality
- All client-provided materials and information will be treated as confidential and used solely for the purpose of the agreed project scope.
Additional Costs
- Any work required outside the original scope, including additional rendering time, unplanned revisions, or client delays, will be charged at $150 + GST per hour.
- Requests for high-resolution exports, alternate versions, or enhanced outputs may also incur additional fees.
Cancellation
Except as otherwise expressly stated, Customer may cancel any Service under a Quotation or Order Confirmation without a cancellation fee or other liability at any time prior to any work or issuance of an Order Confirmation by providing us with written notice of such cancellation by email. Costs and/or fees for Services where work has begun will be prorated based on the amount of work performed and the costs incurred to the time of cancellation.
Compatibility and Intellectual Property
The Customer shall ensure that all file formats delivered as part of the Services are compatible with Customer’s software and systems. All intellectual property rights in any Original and the specification shall remain the property of and vested in Customer. All intellectual property rights to any Services shall be vested in and be the exclusive property of us with Customer retaining a non-exclusive, perpetual, non-assignable license to the Services, unless otherwise specifically stated in a Quotation or Order Confirmation.
Copyright
We warrant that the Services and all rights thereto are owned by us and shall not violate any copyright, patent, trademark, trade secret or any other proprietary right of any third party. We represent and warrant that we have and will convey to Customer good title to the Services, free and clear of all liens and encumbrances and that the Services are in compliance with all federal, state, and local laws, rules, and regulations.
Customer’s request for Services and delivery of an Original to us for scanning, copying, and/or reproducing indicates Customer’s representation and warranty that Customer has the full legal right to scan, copy, reproduce and possess the Original.
Indemnification
Customer agrees to indemnify, defend and hold us harmless, its directors, officers, employees and agents, from and against all liability, including a claim of intellectual property infringement based on copyright, trademark, patent and/or trade secret arising out of delivery of an Original to us and/or a request for Services of scanning, copying or reproducing the likeness of any Original.
Warranties
We warrant that all Services I) shall be performed with commercially reasonable skill and care, and II) the accuracy of all data supplied through the Services shall be within the tolerances specified in the Quotation. We shall not be liable in contract, tort, or otherwise for any modification to the Services made by Customer or any inaccuracy in any Service, including, without limitation, any scanning data, 3D modeling, or CAD data, or inaccurate specification approved by Customer or contamination of an Original. Any Services not in compliance with a Quotation or Order Confirmation shall, at our option, be re-performed or any fees refunded. We specifically disclaim any and all warranties, including any implied warranty of fitness for a particular purpose or merchantability, except as specifically set forth in a Quotation or Order Confirmation.
Limitation of Liability
Except as otherwise expressly stated herein, all conditions, warranties and representations, expressed or implied, by statute or otherwise, in relation to the performance or non-performance of any Services are hereby excluded to the full extent permitted by law.
Unless otherwise agreed in writing, all drawings, illustrations, descriptions, specifications, technical data, advertising and other similar information issued by us or contained in any of our literature, website or other publication is published solely as a means of approximating our Services and shall not form a part of any Quotation or Order Confirmation unless specifically stated therein.
We shall bear no liability, in contract or tort (including negligence or other breach of statutory duty) for any misrepresentation or for any loss or damage, direct or indirect, foreseen, known or advised in advance, including but not limited to loss or damage incurred by Customer as a result of third party claims, loss of actual or anticipated profits, loss of business opportunity, loss of anticipated benefits, loss of goodwill, any indirect, special or consequential loss or damage howsoever caused. Our total liability under or in connection with the performance or non-performance of any Services whether for negligence, breach of contract, negligent or intentional misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the amount actually paid under any Quotation or Order Confirmation.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM HEREUNDER INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any action resulting from any claimed breach on the part of us must be commenced within one year of the date the cause of action has accrued.
Performance and Delivery
Unless otherwise agreed by us, all Services shall be performed at our discretion. Customer shall deliver all required and necessary original items (“Original”) to be scanned to complete the Services to our place of business within a reasonable time and not later than otherwise indicated by us.
The Intellectual Property (IP) of all raw files, working files & project files remains with 3D Walkabout Pty Ltd and will NOT be provided as part of the agreed services and products. All files and documents delivered as part of the Quotation are for visual and artistic purposes ONLY and not to be used for actual design and construction. 3D Walkabout Pty Ltd reserves the rights to use all supplied models, film and imagery for it’s own promotion in online videos, print advertisements, social media, and website content.
We agree to exercise all commercially reasonable efforts to perform the Services by the date specified in the Quotation or Order Confirmation. All deadlines indicated are estimates only and we shall bear no liability for any delay in delivering the Services. Customer shall be notified of completion of Services by email or telephone upon completion. Unless otherwise agreed in writing, Customer shall arrange for retrieval of all required or necessary Originals within five (5) business days of notification of completion of Services. We reserve the right to charge a reasonable daily storage fee for any Original not retrieved by Customer within seven (7) days of notification. Originals not retrieved after thirty (30) days may be disposed of at our discretion.
Unless otherwise agreed in writing we shall not be liable for any loss or damage to any Original.
All Services shall be delivered to Customer electronically by email, through our web-based software, or other file transfer protocol, at our sole discretion, unless otherwise indicated in Customer’s specifications. Upon Customer’s advance request, flash drives or other media is available. Cost of media and related tax shall be billed accordingly to Customer’s account.
Payment
Full payments for all Services are due at or before the time of delivery. Upon issuance of an Order Confirmation and before start of work, Customer shall pay a (no refundable and non transferable) deposit of 50% of the total Quotation amount. Payments within Australia can be made by bank transfer or credit card (a transaction fee of 3% will be added for card payments and taken via Stripe). Our preffered payment gateway for international payments is https://transferwise.com or by credit card. For international payments ALL bank fees and card transactions fees incurred must be paid by the Customer. Late payments on an agreed Quotation will incur a 10% late fee penalty when the due date is exceeded by 1 month.
Upon completion of the Services, we shall prepare and deliver a limited sample version of all files to Customer for inspection. Upon final payment of any balance due, the fully accessible file shall be delivered to Customer. Any other payment terms and conditions must be specifically agreed to in writing in advance.
Termination
We may suspend performance of any Service and/or terminate any Quotation or Order Confirmation forthwith by giving notice to Customer based on I) Customer’s breach of any obligation under these Terms & Conditions, any Quotation or Order Confirmation; II) Customer’s voluntary or involuntary application for bankruptcy or any assignment on behalf of a creditor; III) Customer’s notice of winding up or dissolution; IV) Customer’s ceasing or suspending business or payment of any of debts or failure to pay any debts as they become due. Upon such notice of termination, all amounts due and payable to us shall become immediately due and payable and we shall have no further obligation to perform any Services.
Non-Solicitation; No Hiring
Customer shall not solicit or hire, on behalf of itself or any third party any of our employee, independent contractor, or agent without the specific approval of us, in writing in advance. Customer hereby agrees that in the event any of our employee, independent contractor or agent is hired or employed by Customer, directly or indirectly, we shall act as agent to the transaction and be entitled to 30% of the employee’s, independent contractor’s or agent’s annual salary.
Confidential Information
All Quotations, Order Confirmations, Services, estimates, budgets, proprietary software are the exclusive and confidential property and trade secrets of us (“Confidential Information”) and Customer shall maintain the confidentiality of all such Confidential Information from third parties, except as used in procurement of the Services.
Relationship of the Parties
The relationship of us and Customer shall be that of independent contractor and no employment, partnership or joint venture relationship is intended or implied, except as otherwise set forth in a separate written agreement.
External Links
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Updates
We may change these terms and conditions at any time by updating this webpage and your continued use of the website following such update will represent an agreement by you to be bound by the terms and conditions as amended.
Privacy
These terms and conditions also include our Privacy Policy that can be accessed by clicking the link on this page.
Jurisdiction
Your use of the website and these terms and conditions are governed by the laws of Western Australia.