LEGAL CLAIM

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEBSITE (INCLUDING THE ORDERING OF PRODUCTS THROUGH THIS WEBSITE AND/OR CUSTOM OFFLINE ESTIMATES) YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.

IF YOU DO NOT AGREE WITH ANY CHANGE, MODIFICATION OR AMENDMENT ELITE OFFSET LTD MAY MAKE TO THE SITE TERMS, YOU MAY WITHDRAW YOUR CONSENT TO BE BOUND TO THE CHANGES BY NOTIFYING ELITE OFFSET LTD IN WRITING IMMEDIATELY. IF YOU WITHDRAW YOUR CONSENT, HOWEVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YOUR ACCOUNT AND THIS WEBSITE.

NOTE: AS MORE FULLY EXPLAINED BELOW, ELITE OFFSET LTD RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.

1. 1. Quotations/Estimates: 
      Quotations and estimates provided by Elite Offset Ltd are only valid for thirty (30) calendar days from date of issuance.  Upon expiration of such thirty (30) day period, the quotation and custom estimate is subject to change.  Prices set forth in approved and signed estimates are valid for thirty (30) calendar days from the date of approval/signature. In addition, if artwork for approved and signed estimates is not received by Elite Offset Ltd within the thirty (30) day time period, then Elite Offset Ltd reserves the right to change the prices from what was set forth in the estimate, regardless of whether any payment (full or partial) has already been made.

1. 2. Order Approval/Proofing: 
      Processing of orders through Elite Offset Ltd is subject to fulfillment of the terms of payment by the customer. Elite Offset Ltd has and assumes no obligation to proof or otherwise review the content or layout of your order.  Each order is printed exactly as it appears in the submitted form to Elite Offset Ltd.  Once you submit an order to Elite Offset Ltd, you accept any errors therein.  For the avoidance of doubt, Elite Offset Ltd is NOT LIABLE for any errors in the final print product such as misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, incorrect crop marks, incorrect or missing folds, improper layout and sizing.

Elite Offset Ltd does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product.  If available, the first electronic proof for each order is Ksh 5,000.00.  Replacing any files after the first proof has been sent will result in additional charges for each file replacement, based on the time estimated by Elite Offset Ltd. 

Customer is fully responsible for final proof and layout approval prior to the printing process. Prepared proofs provided in the agreed format should be checked and approved or corrected by customer. Marking “OK”, “OK with corrections”, or, “Revised Proof Required” by customer is mandatory and until the approved master set is received, no further work will be performed.

1. 3. Accuracy of Specifications: 
      Elite Offset Ltd are based on accuracy of information provided by customers at the time of estimate. Elite Offset Ltd reserves the right to re-quote a job at the time of submission if copy, fonts, disks or other input materials do not conform to the information upon which the original quotation was based.
   4. Electronic manuscript/Images: 
      It is customer’s responsibility to maintain a copy of the original files. Elite Offset Ltd is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished or final input. Any digital input will be evaluated and no liability is assumed for problems that may arise by Elite Offset Ltd. Any additional translating, editing, or programming required to utilize customer-supplied files will be at an additional fee.
   5. Copyright: 
      All material and software are strictly prohibited to re-distribute copy or republish any of the material and software contained on the Elite Offset Ltd web site.

You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the Elite Offset Ltd service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work.

1. 6. Customer Content: 
      You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you and not Elite Offset Ltd, are in any way, for any reason or any how responsible, for all Content that you upload, post or transmit via the Elite Offset Ltd website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

Under no circumstances will Elite Offset Ltd be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. 

1. 7. Governing Law: 
      In the event of suit regarding this contract and any custom or online orders or products, the internal laws of the State of Kenya shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state’s conflicts of laws principles.
   8. Disclaimer of Warranty / Limitation of Liability: 
      This website and the information, content, services, products and materials contained in or offered through this website, are provided on an “as is” basis without warranties of any kind, either express or implied, to the maximum extent permitted by law, Elite Offset Ltd disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer viruses, and implied warranties arising from course of dealing or course of performance, with respect to this website and the information, site content, services, products and material contained in or offered through this website.  Elite Offset Ltd does not represent and warrant that the information, site content, services, products and material contained in or offered through this website are accurate, complete, reliable, current or error-free, that the services and products offered will meet the user’s requirements, or that the services and products offered will be provided in a timely, uninterrupted or secure manner.  
   9. Taxes: 
      All taxes and related assessments levied by any Government Authority is the direct responsibility of the customer. Unless the customer provides a Certificate of Exemption, the tax charge will be imposed in the customer’s bill by Elite Offset Ltd. If, after the customer has paid the invoice, it is determined that more taxes are due, the customer must remit the additional amount to Taxing Authorities or Elite Offset Ltd if the Taxing Authority has imposed the tax on Elite Offset Ltd.
   10. Customer Submitted Artwork or Graphics: 
       All artwork or designs and images must be provided in CMYK format. Elite Offset Ltd is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. Elite Offset Ltd is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
   11. Production Turnaround Time: 
       Mutually agreed upon production schedules should be adhered to by both the customer and Elite Offset Ltd.  In the event that a customer requests to expedite a pre-scheduled order, Elite Offset Ltd has the sole discretion to accept or reject such request based on the production schedule of Elite Offset Ltd, and if such request is accepted, there will be an additional charge that the customer must agree to prior to the order being expedited.

Please note:  Turnaround Time for jobs that Elite Offset Ltd does not deem production ready (e.g. those with errors/problems or that require a proof) will not begin until the job is approved and ready for production.

1. 12. Payment
       Cash with authorized personnel, M-pesa, Bank Cheque/transfer are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date may incur late payment interest at a fee. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
   13. Cancellation Policy
       Minimum 24 hours’ notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a charge to cover any subsequent administrative expenses.
   14. Termination of Agreements and Refunds Policy
       Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
   15. Notification of Changes
       The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site.