Terms & Conditions

Updated 28 February 2020

General

Hi There!
Thanks for choosing to work with Elite Enterprise Solutions.  
We are registered with the Australian Securities and Investments Commission (ASIC) under company number 63 469 975 284, our contact details are telephone number: +61 08 6249 6605, email: hello@eliteenterprise.com.au, and postal address: Level 1, 100 Havelock Street, Perth WA 6005, Australia.

These next few bits may not be fun to read but they are our Terms and Conditions (“Terms”, “Terms and Conditions”) and are pretty important for you do know before continuing with using any of the services we offer and the https://EliteEnterprise.com.au website operated by Elite Enterprise Solutions (“us”, “we”, or “our”).

By using our website and any services and products we offer, you represent and guarantee that: (1) you are at least 18 years of age when using our website or any services and products we offer; (2) all information you submit to us is your own information and is truthful and accurate; and (3) your use of our website or our services and products does not violate any applicable law or regulation.  Only persons who are 18 years or older are permitted to register and make purchases on our website.  We reserve the right to verify your age before any registration or purchase by you.

Our limited license to you is subject to all other terms and conditions set forth herein our Terms, we grant you a limited, revocable, non-transferable, and non-sublicensable, and non-exclusive license to access and use our website and our Site Content and all other services and products we offer for your own business or personal uses ONLY, including viewing, downloading and printing our catalogs and our production, photos and images for your own internal reference and evaluation and for engaging in transactions with us.  Any breach of these Terms by you will result in immediate revocation of the foregoing license with or without notice.

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

These Terms and Conditions constitute the entire agreement between you and us concerning your use of our website or the services and products we offer, including any purchase you make on our website or through our team. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Intellectual Property

Except for User Material (as defined below), all content and material made available on our website (collectively “Site Content”), including, without limitation, catalogs, product photos and images, graphics, designs, artwork, text, written/editorial material, audios, videos, animations, databases, layouts, user interfaces, software programs (including their source code and object code), and social media application and plug-ins, belong exclusively to us and/or our licensors and business partners, and are protected by local copyright law and international copyright laws.  Copying, modification, reproduction or distribution of the same or without the prior consent of Elite Enterprise Solutions is prohibited.  Our website does not, in any way give permission, or should not be believed to give permission to use any content in anyway with respect of the intellectual property appearing on this website.

The terms “Elite Enterprise Solutions”, “EliteEnterprise.com.au” and associated logos and designs (collectively “Our Marks”) are our proprietary trademarks and service marks.  All other marks and logos are trademarks and/or service marks of their respective owners.

As used here within our Terms, “User Material” means any visual, graphic, pictorial, photographic, written, or other material furnished to us by any user of our website.  You retain ownership of all User Material furnished by you, but subject to your license grant to us to set out below in section “User Material Furnished by You” .

The artwork, designs, trademarks, and logos shown on products on our website are for illustration purposes only and do not represent endorsements by – or production for – the owners of such artwork, designs, marks or logos.  Such illustrations are not meant to be advertisements.  Items as pictured with third-party trademarks, designs and logos are not for sale to anyone other than those expressly authorised by the owners of such trademarks, designs and logos.

User Material Furnished by You

By furnishing User Material to us, (1) you grant to us a non-exclusive license (with the right to sublicense to our suppliers and our fulfillment partners) to use and reproduce such User Material to make custom products in fulfillment of your order(s) with us; (2) you represent and guarantee that you own and control all rights in and to such User Material and have the legal right and authority to grant the aforementioned license to us; and (3) you agree to defend, indemnify and hold us and our officers, directors, employees, agents, sales partners, sales representatives, suppliers, and fulfillment partners as harmless pursuant to the below section “Indemnification by You”, in the event any User Material furnished by you infringes upon, violates or misappropriates any property, personal or proprietary right of any person or entity.

Sales Enquiries & Quotations

All quotations and pricing provided by us in the form of electronic communications through the website or via email are valid for fourteen (14) days only unless otherwise stated.  Pricing quotes given in person or over the telephone are not valid at any time unless provided in writing on and email quotation.

All prices are always provided without GST included and may require adjustment if artwork is not entirely print-ready.  Delivery fees may also be additional, unless otherwise stated in writing.

We try our best to quote as accurately as possible, however due to the constant changing conditions of the market, we reserve the right to adjust quotations at any point during the ordering process.

Orders

All orders must be confirmed in writing and paid in full before production begins unless a contract or agreement stating otherwise is in place.

Purchase orders must have all required details clearly provided, including delivery details. 

Verbal orders or instructions will not be accepted.

ARTWORK FEES – We are always happy to help and work with you to get your products done correctly.  Artwork must be supplied in the correct format (file formats: .ai; .csv), if your logo or graphics require minor changes, we may created the artwork for you at no extra charge.  However, in situations that require more attention, artwork charges are billed at $80.00 +GST per hour.

COLOURS – The colours of the products displayed within our website are for illustrative purposes only.  If an exact colour matching is required, please request a sample and provide the pantone colour code needed.

CANCELLATIONS – Once confirmed, it is agreed that we will supply your product as specified.  If you decide to cancel an order after any confirmation, cancellation fees may be applied.  Fees vary from order to order depending on the status of the order and process of production.  Cancellation costs may include artwork fees, set-up costs, restocking fee, or full payment of the order if production has been started.  We will always endeavour to minimise your cancellation fees.

CLAIMS/RETURNS – Our goal is to create happy customers and happy businesses, we are always happy to review any order supplied product for faulty units or error in printing.  In the uncommon and unlikely event of a claim, written claims must be made within 14 days of receiving the goods.  Claims or returns will be accepted where there are faulty products or the printing is in error.  Incorrect or faulty goods must be returned for inspection before a refund or replacement of stock can be issued.

Shipping

We are passionate and promise that we do our best to ship your goods to your desired destination on or before the specified ship date.

Our responsibility and liability does not extent to goods lost or delayed by carrier, international, or Australian Customs departments or by ‘acts of God.

Insurance is available at a rate of 2.5% of the value of your order.  If insurance is not requested, shipment is at the receiver’s risk, otherwise we can book on your own courier account.

All orders will be shipped using our account and billed with your order.  If you prefer to use your own account,  we will do all we can to accommodate your needs when you provide us with the carrier name and your account number.

Trading Terms

We accept Direct Deposit, payment via PayPal.

All orders must be paid in full prior to the start of production unless otherwise agreed upon.

Ownership

Ownership title of any of our promotional products or digital media remains with us until payment has been made in full into our account or cheques cleared.

Accounts

All new accounts are required to make payment before dispatch of final goods.

All credit accounts must be maintained on a 15-day net basis.  Failure to do so will result in your account being placed on “Stop Supply” and all future orders on payment before dispatch of final goods.

If you have an account on our website, you are solely responsibly for safeguarding your account access information (including username and password).  If you share such information with other, you will be responsible for all activities on your account by those with whom you share account access information, including communications, submissions, purchases, and other transactions made through your account.  You shall immediately notify us of any unauthorised use of your account access information or any unauthorised or suspicious activity on your account.

A Service Charge of 1.5% per month (which is an annual percentage rate of 18%) will be added to your account if it is more than 60 days past due.  If your account is in collection, you agree to pay all costs of collection, including reasonable legal fees, incurred by us in collecting any amount which you have not paid when due.  Our acceptance of any partial payment shall not operate as an accord satisfaction, and shall not preclude us from recovering any remaining balance without mutual agreement in writing.

ACCOUNT TERMINATION – Your failure to comply with the Terms automatically revokes your authorisation to use this Site and terminates all rights granted to you under these Terms. Your obligations to Elite Enterprise Solutions shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.

Fulfilment

5% above or below quantities order is acceptable as full shipment and billed accordingly.  This has already been calculated into pricing.

Prices are subject to change without notice.  We really do try to accurately display the colours of our production on our website.  However, the colours you see will depend on your monitor and its settings.  We cannot guarantee that your display will be accurate.  We do not warrant the currency, accuracy, or reliability of any website information including information about product price of availability.

Warranties &
Limitation of Liability

BY USING OUR WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT OUR WEBSITE AND ALL SITE CONTENT AND ALL SERVICES AND PRODUCTS WE OFFER ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR ANY SITE CONTENT IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

BY USING OUR WEBSITE OR THE SERVICES AND PRODUCTS WE OFFER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY SITE CONTENT, OR YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION BY YOU – BY USING THE SITE OR THE SERVICES AND PRODUCTS WE OFFER, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ACCOUNT EXECUTIVES, SALES REPRESENTATIVES, SUPPLIERS, AND FULFILLMENT PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, PENALTIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COURT COSTS) (COLLECTIVELY “CLAIMS”) ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OR MISUSE OF THE SITE OR ANY SITE CONTENT; (II) ANY USER MATERIAL FURNISHED BY YOU; (III) YOUR USE, MISUSE, RESALE OR FURTHER DISTRIBUTION OF ANY PRODUCTS YOU PURCHASE FROM US; OR (III) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW.

Links to Other Websites

Our website may contain links to third party websites or services that are not owned or controlled by Elite Enterprise Solutions.  Any outside links are provided only as a convenience.  Your use of outside links is at your sole risk.

Elite Enterprise Solutions has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Elite Enterprise is 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 third party 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.

Contact

We reserve the right to amend these Terms at any time.  Will will inform you of any material changes to these Terms by posting a notice on our website.  If you are on our emailing list or if you have an account on our website, we may also notify you of such material changes via email.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the website.

Contact

If you have any questions about these Terms, please contact us.

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