Precision Mailers, LLC, Terms & Conditons
Effective Date: January 1, 2009
When using Precision Mailers, please be advised that you agree to be subject to the Policies for use, as follows:
Artwork Files
Precision Mailers does not retain any original electronic artwork, film, plates or proofs after a customer order has been shipped. Artwork will be archived for the convenience of the customer for easy reordering.
Precision Mailers will not accept hard-copy (non-electronic) artwork or originals from any source. If you elect to send a hard-copy (non-electronic) artwork as an aid in preparing your proof it will not over ride the proof sent to you from MoverMail.com. The policy of Orders consistent with approved proof under Refunds will still be in effect.
MoverMail.com requires that new artwork be issued on all reorders and reprints that Precision Mailers was unable to locate. MoverMail.com will take no responsibility for any hardship or loss of the files. This reorder is strictly a convenience benefit to the customer.
Cancellation Fee
Due to the labor-intensive and custom nature of graphics files as they are processed with a printing order, Precision Mailers will charge a non-refundable Cancellation Fee of a minimum of $39.50 for all canceled orders. If, for any reason, you cancel your order with MoverMail.com before proof approval, we will refund the amount of your order, less any incurred charges and the less the amount of the cancellation fee. Jobs that are released to planning will be considered in Production and not subject to Cancellation. The job will be printed and only the shipping charge may be credited. Rush fees are not refundable under any circumstances.
MoverMail Renunciation
Precision Mailers reserves the right to cancel orders, as it deems necessary to maintain it's workflow and to avoid a financial loss of labor, materials, and expenses. Below is a list of reasons we may cancel your order, however we reserve the right to cancel any order we deem necessary.
Production Delays – On Hold Status
Precision Mailers does NOT have an On Hold Status; your order is ether live or canceled. You have 30 days to provide a properly prepared art file for printing once an order has been placed. If we do not receive your art file within 30 days your order will be canceled and is subject to any applicable cancellation fees
Customer Is Not Able to Provide A Properly Prepared Art File.
It is the customer's responsibility to provide a properly prepared art file for printing. The customer also has the option of providing a Native File from one of our Approved Applications and contracting Precision Mailers to prepare their art file for them. If the customer is unable to provide properly prepared art file, for what ever reason, MoverMail.com reserves the right to cancel their order and it is subject to any applicable cancellation fees. Your order may also be subject to File Resubmission Fee if you have submitted multiple files.
Multiple File Transmissions
Once your order has been placed you can transfer your file to Precision Mailers. If your file is not properly prepared you may submit additional files, however they are subject to our File Resubmission Fee. If for some reason Precision Mailers deems that a customer is submitting multiple files to diminish our work flow MoverMail.com may cancel their order. The customers order is still subject to the File Resubmission and Cancellation Fees.
Color Matching
Precision Mailers offers products printed to “pleasing color” standards. This means while your order will look attractive, we will not guarantee that colors will match any of the following:
Colors as seen on your computer monitor - either on your original file or your proof.
Colors as seen on a laser printout of your job from any laser printer or other device not issued by Precision Mailers
Colors as printed on a previous orders – either from MoverMail.com or another source. Colors from original photographs or other sources.Precision Mailers does not guarantee the depth of color in photographs, solids or “built” PMS colors.
If you are concerned about the colors on your printed job, a hard-copy proof is suggested. This proof will allow you to view the colors in the most accurate way possible. This proof will be sent by UPS Overnight Letter and carries an additional minimum charge of $47.50.
Precision Mailers will not issue a refund for proofs when a job is cancelled due to inability to match color.
General Policies
Applicable Laws
Users of Precision Mailers agree to be governed by the laws of the State of Texas with regard to any dispute that may arise between you, your agents and MoverMail.com and it’s affiliates.
Changes
We understand that there will be occasions when you will need to make changes to your original order. To insure that the correct changes are made, all changes must be submitted in writing, via e-mail. Unfortunately, we cannot accept changes verbally. Changes are done as a courtesy to our customers and we will make every attempt to accommodate your requests, however, if a change is not made, for what every reason, Precision Mailers will not be held responsible as long as the job is produced as originally ordered. All change requests are subject to a charge. Once a job is approved the only changes that can be made are shipping changes. If your job has been approved for more that one business day we do not guarantee that shipping changes can be made.
Coating
We reserve the right to aqueous coat each job, whether coating was purchased or not, unless the customer specifically request otherwise.
Copyright
By submitting the final job, customer warrants that the information contained within the job is not protected by any copyrights. To that end, the customer agrees to hold MoverMail.com and its affiliates harmless with regard to any action brought due to copyright infringement, including legal fees.
Limits of Liability
MoverMail.com warrants that the work will conform to the instructions submitted by the customer. Precision Mailers maximum liability, under any circumstance, will be limited to the amount of the customer’s invoice.
Links
Precision Mailers is not responsible for the content of any third-party web site or conduct of any business that that may be accessed through links or hypertext available on the Precision Mailers web site. If linked to a third-party site, it is your responsibility to be aware of the terms and conditions of use for that site or business.
Pricing and Products
Precision Mailers reserves the right to adjust prices for any product or service at anytime. We also reserve the right to discontinue products at any time.
Production Delays
Precision Mailers takes great pride in our reputation for on-time delivery. While most orders will ship within five (5) business days of approved proof, Precision Mailers does not guarantee this schedule. Production and equipment difficulties may arise from time to time, causing delay. Precision Mailers will not be liable for any damages associated with production delays.
Production Schedule
Our production schedule is based on normal business days, weekends and National Holidays are excluded. You may visit our website at any hour and place your order and/or send your art file. All orders, art, and proof approvals received on weekends or holidays will be processed at 9 AM on the next normal business day. All orders received during the week after 12 Noon Eastern Time will be processed on the next normal business day at 9 AM Eastern Time. All art and proof approvals received during the week after 5 PM Eastern Time will be processed on the next normal business day at 9 AM Eastern Time.
Right to Refuse Service
For the protection of our employees, Precision Mailers reserves the right to refuse to print any order for any reason at the sole discretion of management.
Sales Tax
Precision Mailers is required by law to collect all applicable sales taxes for orders delivered to an address within the state of Texas. Tax-exempt and resale customer must provide a Texas Sales Tax Exemption Certificate for a refund of sales taxes. Contact customer service for more information.
Shipping
Once production of a product is completed it will be shipped via a third party carrier. The customer agrees that it will hold harmless Precision Mailers and it's affiliated companies for delays and/or damages associated with the delivery of the product via a third party carrier. Precision Mailers will work with the customer and the third party carrier to resolve any shipping issues, however Precision Mailers will not be liable for any damages associated with delayed delivery, damage to product and lost deliveries. All packages will ship uninsured and with “no signature required” unless the customer request otherwise in writing 3 business days before the product ships.
Trademarks
Customer agrees that any trademark or other protected name, image or design included in the customer’s order for reproduction is being used with the permission of the owner. To that end, the customer agrees to hold MoverMail.com and its affiliates harmless with regard to any action brought due to copyright infringement, including legal fees.
Refunds / Returns
All Sales are final. No refund will be issued on any job once a proof has been approved. If you are unsatisfied with your order from MoverMail.com, please let us know. Contact our Customer Service Center at 1-888-314-1350, Monday through Friday, 8:30 AM- 5:00 PM CST. We will make every effort to reprint the order to your satisfaction. You have 7 days from the receipt of your product to make an issue known. No reprint will be issued after 7 days. MoverMail.com will not be held responsible for time sensitive material and/or missed deadlines.
Precision Mailers will not accept unauthorized returns. You must first contact our customer service department and obtain a return authorization number. Returning your order without prior authorization does not relieve you of your financial obligation.
A full re-print will be issued for printed orders deemed unacceptable for any or all of the following reasons:
Printing quality
Binding quality
Shipping damage
Products not materially consistent with approved hardcopy proofs
Customers desiring a re-print due to customer dissatisfaction related to the issues listed above must return the full quantity of the order in its original packaging. Partial re-prints will not be issued. Precision Mailers will make the final decision on all reprints.
Shortage Claims
A shortage claim must be made within 7 days after the customer's receipt of the product. Shortage claims are limited to shortages that exceed 10 percent of the quantity ordered. In instances of product shortage claims, additional product to complete the order will be shipped within five (5) business days from the claim. Precision Mailers will not be held responsible for time sensitive material and/or missed deadlines.
Orders consistent with approved proof
Precision Mailers will not accept responsibility for orders that are printed in accordance with accepted proofs. If certain elements are deemed unacceptable in the final printed product (mis-spelled words, poor photography, color conversion, etc.), but were approved by the customer upon proof, these orders will not be subject to refund.
Orders that have Letter or Gate Folds
We ask that you provide a .125” gutter on both sides of your fold. If you have a document to print that has design elements that start and stop on a fold, or are closer than .125” to a fold, then it is considered a document with Critical Folds. We will make every effort to maintain your folds as you have requested, however we do not guarantee critical folds.
In some cases where a job has multiple folds and is printed on a thicker, coated stock, there may be paper "push-outs" that cannot be avoided. We cannot be responsible for the final folds in these cases. We will make every effort to maintain crisp, aligned folds, however we do not guarantee these folds.
Mailing
Limitations of Liability for Mailing Services
Our liability for any error, mistake, or failure to perform services hereunder is expressly limited to the value of the work performed. Under no circumstances shall we be liable to any customer for said customer's loss of business, loss of profits, postage or other consequential damages suffered by such customer as a result of any error, mistake, or failure to perform services. Under no circumstances will postage be refunded for any reason once the U.S. Post Office has mailed a job.
Permit Imprint
When you purchase mailing services with your print order our permit imprint will be printed on the entire print order. The portion of your print order that is not mailed will be returned to you. This balance will have our permit imprint on it. You agree not to mail the balance of your print order using our indicia unless;
If mailed retain, a postage stamp or meter imprint strip of the appropriate postage for the mail piece must be placed to cover the entire permit imprint.
If mailed discount, or permit imprint must be replaced with a permanent adhesive label containing permit imprint information appropriate for the post office of entry and placed to cover the entire permit imprint.
If you enter mail pieces imprinted with our permit imprint into the mail, you take full responsibility for charges incurred by Precision Mailers as a result of such mailing including any processing charges, postage charges and any additional cost.
Postage
When placing your mailing order on the site you will receive a Processing / Postage price. The postage portion of this price is based upon your piece receiving automation rates. If your piece does not meet USPS regulations to receive automation rates additional postage will be required. It is the customer's responsibility to verify their mail piece meets USPS regulations for automation rates. The postage portion of this price is also based upon the addresses that you supply being inside the United States. If the recipients of your mail piece are outside the United States additional postage will be required. We will collect any additional postage necessary using the information that you provided when you placed your initial order. In addition a 3% credit card transaction fee will be collected. Under no circumstances will postage be refunded for any reason once the U.S. Post Office has mailed a job.
Postage Requirements
We require that all bank checks and money orders sent to cover the expense of postage be in our possession two business days, credit card deposits one business day, before your mail date to allow sufficient time for deposit with the U.S. Postal Service. We cannot advance the postage amount and your mailing will be delayed if the funds are not received. Under no circumstances will postage be refunded for any reason once the U.S. Post Office has mailed a job.
Set Up and Spoilage
Every process, including mailing, requires some set up. During this set up process there will be some spoilage. We require a minimum of 200 pieces for set up and spoilage. You will need to take this spoilage amount into account when you are determining the quantity of your print order. If you are placing a print order that is within 200 pieces of your mailing list we will make every effort to keep the spoilage to a minimum, however we cannot guarantee that your entire list will be mailed. We recommend that you order the next quantity higher to guarantee your mailing list is completed.
DESIGN
Because of the speculative, non-quantifiable, nature of creative design projects the following Terms and Conditions are specific to design projects and are in addition to all other Terms and Conditions associated with orders placed with our site.
COPYRIGHTED MATERIALS
Design Elements Supplied By The Customer
You, the customer, are responsible for all design elements that you supply Precision Mailers and incorporate into your product. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your product unless you have obtained the appropriate authorizations from the owners. You warrant that your design elements do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your product. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, you agree to indemnify and hold Precision Mailers harmless for all liability, damages and attorney fees that may be incurred in any legal action connected with copyright infringement involving the design elements that you provided.
Web Site Items
The Precision Mailers website contains graphics, photographs, images, document layouts, artwork, text, fonts, and other information (referred to herein as "Content"). This Site and all Content are the copyrighted property of Precision Mailers and/or its subsidiaries (referred to herein as " Precision Mailers ") or the copyrighted property of parties from whom Precision Mailers has licensed such property. All rights in this Site and its Content are reserved. It is prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms and Conditions of Use. Precision Mailers reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.
Copy / Text Content
Precision Mailers is selling the service of creative/artistic design. It is the customer's responsibility to provide all body content, text or copy to be included in the design to convey a written message. Under no circumstances will Precision Mailers be responsible for creating the body content, text or copy. All body content, text or copy provided by the customer to Precision Mailers is subject to, but not limited to, the terms and conditions listed under “Design Elements Supplied By The Customer.”
RIGHTS OF OWNERSHIP
The rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Precision Mailers, or purchased from a stock agency on your behalf, remain with Precision Mailers. Unless a purchase of “All Rights” (A Buyout) is negotiated with Precision Mailers, you may not use or reproduce the design or the design elements therein for a purpose other than the one originally stipulated. If you wish to use the design we have created and/or the design elements within it for another purpose or project, you must contact us to arrange the transfer of rights and any additional fees before proceeding. Failure to do so may constitute copyright infringements and you may be liable to damages. We reserve the right to distribute free samples of your design.
RIGHT TO REFUSE A PROJECT
Precision Mailers reserves the right to refuse any project for, but not limited to, anything that is deemed illegal, libelous, scandalous, improper, threatens anyone's right to privacy, or infringing upon copyright law.
REFUNDS
No refund will be given once we begin your order. No partial refunds will be given for work not completed. During the creation process if you decide to change the scope of your design or pursue a new direction this will constitute a new design project. The original design project will be due and payable in addition to the new project. No refund will be issued on the original or new design project. Because of the speculative, non-quantifiable, nature of creative design projects, no refund will be issued because of customers satisfaction or lack there of. You are responsible for the accuracy of your approved design. Any errors or omissions in a design that have been approved by the customer become the responsibility of the customer and no refund will be issued. Any delay or missed deadline of a printed project due to design will not constitute a refund of the design or print project.
INDEMNIFICATION
You agree that you shall indemnify and defend Precision Mailers and all parties from whom Precision Mailers has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into your design that you or your agents supplied for the design.
TURNAROUND TIMES
Projected turnaround times start only after all materials necessary to complete your project have been received and concepts have been communicated to the designer. Completion of the project may require the participation of the customer. Precision Mailers is not responsible for delays in projects because of the customer's unavailability. Because of the speculative, non-quantifiable, nature of creative design projects p rojected completion dates are not guaranteed.
LIMITATIONS OF LIABILITY FOR MAILING SERVICES
Our liability for any error, mistake, or failure to perform services hereunder is expressly limited to the value of the work performed. Under no circumstances shall we be liable to any customer for said customer's loss of business, loss of profits, postage or other consequential damages suffered by such customer as a result of any error, mistake, or failure to perform services. Under no circumstances shall we be liable for the delay or missed deadline of a print project because of a design project. Under no circumstances will postage be refunded for any reason once the U.S. Post Office has mailed a job.
CANCELlATION
If a design project is canceled for any reason, the total cost of the project is due. Precision Mailers does not have an On Hold status; your project is either live or canceled. If a project remains open for 30 days due to, but not limited to; customer's non response to proof, customer's unavailability, customer not being satisfied with the final design, or the customer inability to obtaining permission to use copyrighted elements, the project is subject to be canceled. Precision Mailers only accepts design projects that accompany a print order. The quoted pricing of the design project is dependent upon the fulfillment of the print order. If for any reason the print order that is associated with a design project is canceled the price of the design project will accelerate to $100 an hour. This accelerated price does not constitute a purchase of “All Rights” (A Buyout).
RETURNED CHECKS/FEES:
NSF check fee is $25 each. Precision Mailers is entitled to any collection fees associated with work ordered on this site and approved by user.