USER CONTRACT.

Welcome to Smartprint.ng KINDLY READ THE TERMS & CONDITIONS CAREFULLY. BY  ACCESSING THIS WEB-SITE, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED HEREIN, THEN YOU ARE HEREBY ADVISED NOT ACCESS THIS WEBSITE. Smart Print reserves the rights to change, modify or amend these terms and conditions without notice. For this reason, we encourage you to always review these Terms and Conditions whenever you use this site.

PRODUCTS and SERVICES.

Products and services provided by Smart Print are 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.

ORDER RESPONSIBILITY

The customer is fully responsible for final proof and layout approval prior to the printing process. Any jobs duly approved and/or sent to the press cannot be altered or changed due to the nature of the printing processes, and no refund will be made.

Smart Print shall NOT be LIABLE for any error(s) in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Overprint, Cracks on Folds, Finished Product Size, Poor Orientation or Alignment.

PROOFS

An online proof will be available for your review after you have uploaded your files. We strongly recommend that customers double check the electronic proof of their artwork before submitting their order. Note that jobs will NOT be sent to press without your approval.

An online proof is NOT an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. They also do not show the color change from RGB or Pantone to CMYK. Therefore, Smart Print will NOT be liable for color variation between the proof and the printed product(s.) We will always try our best to match the colors of the proof and the printed product but you MUST understand that color variation differences are inherent inconsistencies of the printing process and we will not be held responsible/liable for it. It is the customer’s responsibility to determine if the job is color critical.

The proof should be checked by the customer against the original file for possible errors in layout, copy, spacing, punctuation or image placement. You, the Customer are fully responsible for all that is contained in the final approved proof, so please make sure you review it thoroughly.

ARTWORK

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable laws; and any material that could infringe on the rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal responsibility for the contents of materials processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

ART RESOLUTION REQUIREMENTS

All artwork designs and images must be provided in minimum of 300 DPI and CMYK color mode. Smart Print is NOT RESPONSIBLE for images printed as fuzzy, distorted or pixilated due to low resolution artwork provided by the customer, especially if it is approved by the customer already. Smart Print is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.

COLOR ACCURACY

Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proof-read all files carefully before submitting to Smartprint.ng. Smart Print is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to Smart Print.com, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork. Smart Print is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. For submitted artwork, please use CMYK color codes for best printing results.

Smart Print uses gang run printing which is subject to a 10% color variance. If a job is color critical, then the necessary attention it needs cannot be attained in a gang-run format. Therefore, the job must be printed by itself without the discounted price of gang-run printing. Color critical jobs require a dedicated run where the press is calibrated specifically to that run and job rather than a gang-run with other print jobs.

CUSTOMER CONTENT

All information, data, text, photographs, graphics, messages or other materials are the sole responsibility of the person from which the content originated. By uploading your text and artwork you, the customer, agrees to be held entirely responsible for all the content that you send, upload, transmit, or post to Smartprint.ng Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

ACCOUNT ACCESS AND PASSWORD

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

PAYMENT

All prices and amounts given on SmartPrint.ng are in Naira, unless otherwise noted.

If a customer purchases any products or services at Smartprint.ng, the customer agrees to fully pay for all charges, including taxes and shipping/handling fees, by credit or debit card or with an approved payment method BEFORE we complete an order. We will not start working on a print job until we have received the full payment.

Once a print job has been approved by the customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to our prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise agreed upon in advance.

REFUNDS / CANCELLATION:

A job can be canceled at any time prior to customer’s approval of the proof by submitting an email to Smart Print. Smart Print will inform you of cancellation charges depending on the stage of the order. If a job is canceled, you will get charged for all labor hours related to graphic design, proof, etc. and any applicable administrative fees, such as credit card fees, will be subtracted from your refund. The cancellation fee on any order may vary in (percentages) of the total transaction fee, (depending on the amount of work already inputted in the job. This is solely at the discretion of Smart Print’s

NO REFUND

There will be no refund or cancellation of any kind after the customer has approved the proof.

In the event of any production error, customer MUST notify Smart Print within three (3) business days of receipt of the job. Smart Print will check and verify the validity of a production error, if any. In order to receive replacement of the same order, customer must return 100% of the received product within five (5) business days of agreement by Smart Print to reprint the job, at customer’s expense. All charges related to expediting printing procedure (Rush Printing or Shipping) are NOT refundable, including those orders that are returned for any reason. All returned orders must shipped at customer’s own expense.

LIMIT OF LIABILITY

Customers must notify Smart Print within 3 business days of the date of delivery or date of pick-up of any defects discovered in the printed product. 100% of the product must be returned to Smart Print at the customer’s expense within 3 days from the date of delivery or date or pick-up. If claim is accepted as valid, Smart Print will reprint the order and ship it back at no cost to the customer. Charges to rush print are non-refundable. smartprint.ng assumes no liability beyond the price of your order.

Errors that we are not responsible for include, but are not limited to: Any spelling, graphics, grammar, punctuation, bleed, orientation/alignment, folding mistakes that are approved by the customer. We are not responsible for damaged fonts, wrong cuts, die lines, crop marks, transparency, overprint, cracks on folds, or finished product size because these inconsistencies are inherent to the printing process.

Each order placed through smartprint.ng is a contract between the customer making the order and smartprint.ng. The fact that you have made an order on behalf of a third party does not absolve you of liability to smartprint.ng Any decision by a third party not to accept printed items or to cancel the order with you does not affect your liability to Smart Print.

MARKETING PROMOTIONS AND DISCOUNTS

Please Note: All prices and specifications are subject to change without notice. No adjustments will be made after an order is placed. We reserve the right to limit, change or cancel any discount without notice. Check our home page for updated online prices. Special Offers are not valid for previous purchases before the promotion start date or after the promotion expiration date. Our promotions apply to printing charges only.

TURNAROUND TIME

Turnaround time on printing orders begins once full payment is received for your order, AND your print-ready files is uploaded to your account, attached to your printing job, and approved for printing.

For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready (and causes a delay), printing turnaround begins when we have your print-ready file(s), not from when the order was first submitted.

All turnaround times are based on business days and office hours: Monday through Friday 9am – 6pm excluding all federal holidays.

All jobs with standard turnaround times submitted and approved before 9am on any given working business day will begin production (day 1 of turnaround time) that day. If the order is submitted and approved after 9am on any business day, the job will begin production (day 1 of turnaround time) the following business day. If the job is submitted and approved on a weekend, the job will begin production on the next business day.

The estimated production turnaround on this site is based on the typical number of hours or days that a print job requires to complete under normal circumstances, excluding Saturdays, Sundays and holidays. smartprint.ng is closed Saturdays, Sundays and holidays, so these days are not considered when calculating printing turnaround time.

In addition, while Production Turnaround includes printing, cutting, and binding, it does not include delivery or shipping transit times. If you are having the order shipped or delivered, you should allow additional business days for delivery based on the method you selected.

TIME SENSITIVE JOBS

We will not refund a job based on turnaround time. If you have a time-sensitive job, please be sure to notify customer service. Cancellation of a job based on turnaround time is permitted ONLY if the Office Manager agrees to these terms in writing as a condition when the customer places the order.

LOW QUALITY ARTWORK

If we deem that submitted artwork is low-quality (i.e., low resolution) which will cause low quality prints, we may put your job ON HOLD until you re-submit and re-approve new artwork. This time is NOT INCLUDED in the turnaround time. Furthermore, the customer is 100% responsible if the artwork they submit is low quality, and in turn, the products produced are low-quality.

RUSH OPTIONS

For rush orders, orders and files must be submitted early (9:00am) for that day to count as the first day in the Turnaround Time. If you submit after 9:00 A.M, the first day of the Turnaround Time will be the next business day.

DELIVERY/SHIPPING

No refund on delivery/shipping charges will be allowed on any job once it has shipped.
Our responsibility is limited to preparing your printing order and sending it out for delivery.
Once a package is on transit, Smart Print is not responsible and will not be liable for late or damaged packages during the delivery process.

Please keep in mind that shipping/ delivery transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up. Arrival dates are only estimates because they can be subject to unforeseen delays in transit.
Smart Print is not responsible for any delays in delivery.

If a package is not delivered due to an error made by the customer in submitting the proper delivery address, Smart Print will resend the package with corrected address and charge an additional non-refundable delivery/handling fee for the package.

PRODUCT RIGHTS

Smart Print reserves the right to show customers samples of any products we have printed and/or designed.

RIGHTS TO REFUSE SERVICE

Smart Print reserves the right to cancel or otherwise refuse print jobs it deems are obscene or offensive, including but not limited to pornographic materials. Smart Print reserves the right to charge the customer for services rendered up to the point that the job was cancelled.

GENERAL TERMS AND CONDITIONS

Copyright Notice
You as the User, acknowledge that all content included on the smartprint.ng website, including without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of smartprint.ng. It is strictly prohibited to use, copy, reproduce, republish, upload, post, or transmit any content to or from the smartprint.ng Website, in all forms, media and technologies. It is also prohibited to use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of the owner.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any trademarks, service marks, or logos (including words, names, and designs) that are not owned by you or licensed to you onto materials and merchandise to be printed with Smart Print printing services. You shall not use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works where the copyright owner’s exclusive rights prohibit the reproduction of any original work. Smart Print policy strictly prohibits the use of explicit language or pornography on printed materials and merchandise.

Indemnification
You agree to defend, indemnify and hold harmless smartprint.ng, their employees and affiliates against any and all claims, damages, legal fees, costs and expenses arising from or related to your use of the Site or related to customer-submitted content. You also certify that you own rights to or have a license for the content or image(s) being used in your order.

Transfer of Title
The moment Smart print ships out an order to a customer, the customer agrees that ownership and responsibility of the printed products is transferred to the customer. This clearly means that Title has passed from Smart print to customer. Therefore, the risk of loss/and or damages of such items automatically move to you (the customer) upon our delivery to the carrier.

For any product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such product shall be deemed to have occurred at the time we transmit the product via email or any other electronic communication channel addressed to the customer.

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, Smart Print 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. Smart Print 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. Smart Print is not responsible for typographical errors or omissions related to pricing, text, or photography. Smart Print does not represent and warrant that this website or its server(s) are free of viruses or other harmful or malicious components, even if Smart Print or its authorized representatives have been advised of such possibility. You expressly agree that the use of this site, including all content, data, or software distributed by, downloaded or accessed from or though this site is at your own risk.

In no event shall Smart Print or its shareholders, affiliates, licensors, suppliers, vendors, officers, directors, employees, or agents, be liable (jointly or severably) to any person or entity for any special, incidental, indirect, consequential, punitive or other indirect damages of any kind or nature, under any legal theory, including damages resulting from loss of use, loss of data and/ loss of profits, whether in an action in contract, tort (including but not limited to negligence), or otherwise, and whether or not Smart Print has been advised of possibility of such damages, arising out of or in connection with (i) usage or performance of this website; (ii) faults or errors in the information, site content, services, products or materials contained in or offered through this website; (iii) the use of information, site content, services, products or materials provided through this website; (iv) the inability to use this website, any part of this website, or any function offered by the website; (v) a failure to provide products or services ordered from Smart Print (or any affiliate thereof) for any reason, including any lost, corrupted or damaged customer data, non-delivery, mis-delivery, late delivery, or lost or damaged shipments; (vi) mistake, omission, delay, or interruption of service; and/or (vii) contamination by virus of any kind. In no event shall Smart Print be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content. Under no circumstances will Smart Print be liable to you in any way for any site content you may be exposed to that you may find offensive, indecent or objectionable.

Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have rights additional to those contained herein.

Smart Print, together with its shareholders, directors, officers, employees, agents, affiliates or subsidiaries, shall not be responsible for any direct damages, and shall not provide any credit, refund, or adjustment of any kind or nature that is in excess of the amount actually paid to Smart Print for the printed product (and delivery costs, if applicable) at issue.

NO LIABILITY FOR ERRORS

Smart Print is not liable for errors in a final product caused by any of the following reasons:

• Spelling, punctuation and grammatical errors
• Low resolution or low-quality graphics and images
• Damaged fonts
• Transparency issues
• Overprint issues
• Artwork files that are not created following our specifications
• Variances in color from the conversion of Pantone or RGB colors to CMYK
• Errors in user-selected options such as size, quantity, paper and finish
• Duplicate orders submitted by the User
• Incorrect files uploaded
• Incorrect file orientation
• Cracking on folds
• Cutting variances
• Incorrect or undeliverable shipping address
• Damage to products after delivery to User

User is responsible for reviewing their files and correcting any issues prior to placing the order.

GOVERNING LAW

Smartprint.ng is operated within and under the Laws of The Federal Republic of Nigeria and Lagos State. As such, the laws of the Federation and Lagos State will govern the Terms of Use of this Website and any business conducted therein. If you choose to access our site, you also agree to do so subject to the Laws of Lagos state. We make no representation that our website or other services are appropriate, legal or available for use in other locations. You consent to the exclusive jurisdiction and venue of the courts located in Lagos for all disputes arising out of/or relating to the Terms and Conditions and use of this Site.

The user assumes all knowledge and understanding of applicable law and is responsible for compliance with any such laws. Users may not use Smart Print services to transmit any material that violates applicable state, federal, or international laws, regulations or other government requirements in any way.

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 Smart Print. 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 Smart Print if the Taxing Authority has imposed the tax on Smart Print.

OVERRUNS/UNDERRUNS:

A maximum of 5% overruns/underruns for all Smart Print custom estimated orders are to be expected.

USE RESTRICTION

You may only use this Site to make legitimate requests to purchase the products or services offered and shall not use this Site to make any speculative, false or fraudulent requests. You may not use robots or other automated means to access this Site, unless specifically permitted by smartprint.ng You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.

It is a violation of law to place a request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser sends a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Smart print allows the user to electronically copy and/or print hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or content on this Site, including reproduction for a purpose other than that noted above without prior written consent of Smart Print is prohibited and may attract legal action.

ATTORNEY’S FEES

If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising from this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.

EMAIL NOTIFICATIONS

By creating an account or purchasing an order through smartprint.ng, you agree to receive emails related to the status of your account or purchase order, including job status changes, job delivery, or job-related warnings such as delays or art issues. You cannot unsubscribe to these emails because they are necessary to facilitate communication between Smart Print and its customers as doing so will be to your own detriment.

You agree to promptly update your membership or registration information (if applicable) in order to keep it current, complete and accurate. Smart Print is not responsible for email notifications that are redirected or not received in the inbox due to an incorrect email provided by the customer, or customer’s email filter settings that do not allow acceptability of our emails, or any other technical difficulties beyond our control.

E-mail notifications are provided as a courtesy to the customer; however, it remains the customer’s responsibility to check their “My Account” page or contact a Customer Service Representative for the status on their order.

Periodic newsletters, product specials, promotions, sales, coupons and time-sensitive offers are only sent to those who sign up to receive our newsletter and provide their email addresses. You have the option to unsubscribe from such services at any time.

USER FEEDBACK

All comments, feedback, suggestions and ideas submitted, copied, or sent to our email address become and remain the exclusive property of smartprint.ng. You relinquish all rights to such comments, feedback, suggestions, and ideas the moment you send same to Smart Print. These may be used and quoted by smartprint.ng in any medium for any purpose anywhere without obtaining your consent. smartprint.ng is not obligated to pay the person who commented any compensation for any of the comments submitted if we choose to publish the comments and the first name and first initial of the last name of the person who commented. You agree you will be solely responsible for the content of any comments you make.

MODIFICATIONS/TERMINATION OF USAGE

Smart Print reserves the right to modify or discontinue the Service with or without notice to the user. Smart Print shall not be liable to users or any third party should it exercise its right to modify or discontinue the Service. User acknowledges and accepts that Smart Print does not guarantee continuous, uninterrupted access to our Website, and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

TERMS OF AGREEMENT

The user understands and agrees to follow these Terms and Conditions, together with the Privacy Policy. This agreement is between the user, Smart Print Multi Media Concept Ltd (whether oral or written) regarding the subject matter, and may not be amended or modified unless in writing and available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired and shall remain valid and enforceable to the maximum extent possible.