Terms and Conditions of Service
- Postal Delivery and Handling: Cactus Mailing has no control over the U.S. Postal Service. When we deliver a client’s mailing to the post office, it is inspected for proper preparation and if approved, is accepted into the mail delivery stream. Cactus Mailing will, upon request, provide the client a copy (in pdf format) of the 3600-R for First Class Mail or 3602-R for Standard Mail. This document originates from the US Postal Service’s Postal One website and is often referred to as a “postage receipt” or “receipt of mailing.” Client agrees that this document shall constitute proof of delivery and that Cactus Mailing has completed its obligation and has no further obligation or liability for the mailing. The client understands that there is always a possibility that the U.S. Postal Service will delay, damage, or lose mail. Under no circumstance will Cactus Mailing be held responsible for delays in delivery, damage to the mail pieces, or loss of mail after it has been accepted by the Post Office.
Mail Tracking is accomplished by embedding a code in the barcode of each mail piece, which is then scanned at various stages throughout the mail delivery process. As the Postal Service does not always scan every piece at every location - The client acknowledges that Cactus Mailing is not responsible for missed scans, incomplete data, inaccurate reports, late deliveries, or lost mail and that all contact with the Post Office regarding delivery issues is the responsibility of the client.
Monthly Mailer Program - the following applies to the Monthly Mailing program and shall have precedence over any conflicting sections of this document.
Monthly Mailing Date - the client’s mailing date will be Wednesday of the first, second, third, or fourth week of the month and will be established based on when the client’s first mailing is mailed. Please note that mailing dates may vary by +/- two business days.
Monthly Payment Date - with the exception of the first month’s mailing, which is paid 30% at the time of the order and the remaining 70% when the client approves the design proof for printing - the client’s payment date will be nine business days prior to the client’s mailing date. On which 100% of the monthly mailing payment amount will be charged to the client’s credit card on file. Once payment has been made - there are no refunds for that month's mailing.
Design Changes - the client may change their design between monthly mailings for a flat fee of $50. Requests for design changes must occur a minimum of 14 days prior to the next monthly mailing date. Design change requests received less than 14 days prior to the next monthly mailing date - will not be made until the following monthly mailing. Please note that payment dates and monthly mail dates do not change even if a monthly mailing is delayed due to design change requests. Once design changes are completed and the proof is approved, any missed mailings will be mailed within seven business days, and any future monthly mailings will be mailed as close to the originally scheduled mailing date as possible.
List Changes - the client may change their mailing list in between monthly mailings for a flat fee of $50. Requests for list changes must occur a minimum of 14 days prior to the next monthly mail date. List (mailing area) change requests received less than 14 days prior to the next monthly mail date - will not be made until the following monthly mailing. Please note that payment dates and monthly mailing dates do not change even if a monthly mailing is delayed due to list change requests. Once design changes are completed, and the proof is approved, any missed mailings will be mailed within seven business days. Any future monthly mailings will be mailed as close to the originally scheduled mail date as possible.
Cancellations - after the initial commitment period (one, three, six, or twelve months), the client may cancel their monthly mailing program by providing written notice a minimum of 14 days prior to the next mailing date. Cancellations received less than 14 days prior to the next mailing date will be canceled after that month's mailing is mailed. For cancelations prior to satisfying the initial commitment, the client will be charged a cancellation fee equivalent to the difference in price between what the client would have paid for each completed mailing versus what the client paid per mailing. The cancellation fee will be charged to the client's card on file at the time of cancelation. Any scheduled mailing within 14 days of the cancellation notice will be canceled without a refund.
Hold or Skip Requests - after the client’s initial monthly commitment has been satisfied, the client may request to skip a monthly mailing(s) or place their monthly mailings on hold for up to 6 months. Any requests to skip a monthly mailing or place the monthly mailing program on hold must be received a minimum of 14 days prior to the next mailing date. Requests received less than 14 days prior to the next mailing date will go into effect for the following month.
Cactus Mailing may increase the price or cancel the Monthly Mailing program with 30 days' notice to the client.
Response to Mailings: Cactus Mailing does not guarantee response rates to mailings. Any response rates discussed by Cactus Mailing, its Employees, contained in its marketing material, or on its website are only projections of potential response rates. Absolutely no refunds will be given based on low or no response rates.
Digital Marketing - Impressions: Digital display advertising impressions are obtained/purchased through an auction process - Cactus Mailing has no control over the auction process and the resulting cost of ad impressions. If Cactus Mailing, at its sole discretion, determines that the cost of ad impressions is higher than anticipated, then Cactus Mailing may opt to reduce the number of impressions and issue a prorated refund to the client.
Quotations: Prices obtained from Cactus Mailing are subject to change without notice. Cactus Mailing reserves the right to end any special offers, incentives, or pricing at any time. In the event a product is listed or quoted at an incorrect price for any reason- Cactus Mailing shall have the right to refuse or cancel the order.
Payment terms: Cactus Mailing typically requires full payment via credit card when the order is placed. Cactus Mailing, at its sole discretion, may offer terms in which a down payment is accepted with the remainder of the project to be paid on a “pay-as-you-go” basis in which the remaining amounts owed are divided by the number of mail-outs the campaign/order is for. The client agrees that the portion due for the next mail-out will be charged to the credit card on file 7 to 10 days before the mail-out is scheduled to be delivered to the post office. The client also authorizes that if the client cancels the project prior to completion, all remaining amounts due for the project are due immediately and will be charged to the credit card on file.
- Order Cancellation: Orders may be canceled by written notice or via e-mail. The client is responsible for confirming Cactus Mailing has received the order cancellation notification. For orders canceled within 15 days of the date, the order was placed, but before the client approves their design proof, the client will receive a refund or credit based on the order amount minus the cost for any work already performed plus an order cancellation fee of $250 or 15% of the project total whichever is greater. For orders canceled greater than 15 days after the date the order was placed, but before the client approves their design proof, the client will receive a credit on account based on the order amount minus the cost for any work already performed plus an order cancellation fee of $250 or 15% of the project total whichever is greater. Credits on account may be used within 180 days from the date of issue. credits on account not used within 180 days are forfeited. For projects canceled after the client approves their proof, the balance of the project shall be due immediately and charged to the client’s credit card on file.
- Inactive Projects: Projects in which the client fails to respond to information requests and/or payment requests in a timely manner (14 days) shall be treated as being placed on hold and subject to the terms in Section 10.
- Projects on Hold: Projects or portions of a project (mail drops) that have entered production may not be placed on hold. Projects or portions of projects (mail drops) that have not entered production may be placed on hold for a maximum of 90 days. If a client needs to place their project on hold, they may do so by submitting an e-mail requesting the project be put on hold and the date that they intend to proceed with the project. If the client fails to mail within 90 days of placing the project on hold, the project is deemed canceled and subject to the order cancellation terms of Section 8.
- Warranty: Cactus Mailing at its sole option will repair or reprint any order that contains abnormal imperfections, or where we have failed in your written instructions. Cactus Mailing at its sole option may elect to provide a prorated credit in lieu of a reprint. Claims for defects, damage or shortages must be made in writing and must be received by Cactus Mailing within 5 days of receipt or within 15 days of the mail date whichever is sooner.
- Proofs: The client is 100% responsible for proofreading the design prior to approving the proof and thereby giving authorization to proceed with printing. This includes designs and/or artwork submitted by the client and designs and/or artwork created or modified by Cactus Mailing and presented to the client for review and approval.
- Production Schedule and Turnaround Time: Delivery schedules, turnaround times and other similar terms used by Cactus Mailing merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays, or equipment breakdowns and is not contractual. It is the client’s responsibility to plan time sensitive mailings far enough in advance to accommodate any delays that may occur. Cactus Mailing will not give refunds and/or credit as a result of unforeseen delays that affect the project schedule. For Expedited Projects if Cactus Mailing does not print or ship the project on schedule – the client will be entitled to a refund of the expedite fees paid but the project may not be cancelled.
- Acceptance of Order: Cactus Mailing may refuse to mail at any time any copy, photographs or illustrations of any kind that in Cactus Mailing’s sole judgment is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste, or which in the mailer’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others. The customer will defend and hold Cactus Mailing harmless in any suit or court action brought against the mailer by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Cactus Mailing, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Cactus Mailing’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Cactus Mailing for actions of the customer’s employees which may occur as a result of any mailing
- Mailing Lists: The industry average for returns on non-deliverable mail (even after list processing (CASS, PAVE, & NCOA) is between 10% and 15%. If the list you use for your mailing was provided by Cactus Mailing, we will give a per piece credit or refund based on the per piece price the client paid for any amount returned over the 15% threshold. To obtain such credit the client must return all of the returned mail pieces to Cactus Mailing prior to the issuance of any credit. Credits must be used within 180 days of being issued.
- Color Matching: Because of the differences in equipment, paper, inks, and other conditions a variance between electronic proofs and the completed job is expected, unavoidable, and shall constitute acceptable delivery. Cactus Mailing will make every effort to produce a reasonable representation based on materials supplied by the client and the proof produced by Cactus Mailing, however, Cactus Mailing does not guarantee color matching.
- Shipping: Cactus Mailing has no control over the U.S. Postal Service, United Parcel Service or any other common carrier’s delivery schedule and cannot guarantee when mail or shipments deposited with or released to these carriers will be delivered.
- Ownership of Materials / Designs: All materials and electronic files that Cactus Mailing creates are the property of Cactus Mailing and can only be used for printing, mailing and digital projects produced and managed by Cactus Mailing. Client agrees not to redistribute or recreate the design or any portion of the design. Unless prior agreement in writing, Cactus Mailing reserves the right to distribute samples of the client’s mail piece and include the client’s mail piece and or images of the mail piece in portion or its entirety in Cactus Mailing’s marketing efforts including on any website owned by Cactus Mailing. Additionally, Cactus Mailing reserves the right to reuse concepts and artwork created by Cactus Mailing in designs for other clients.
- Errors in Mailing: Damages shall be limited to the value of the work performed excluding the cost of postage. At the sole discretion of Cactus Mailing we will either refund the services cost of the project (excluding postage) or prepare a corrected mailing. For corrected mailings the client is responsible for the postage due to mail the corrected mailing. In no case is Cactus Mailing liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.
- Storage of Materials: Cactus Mailing will store materials that we print at no charge as long as the client sends out a mailing at least every 60 days. If 60 days pass and the client has not sent out a mailing, paid to have the material shipped to them, or authorized Cactus Mailing to dispose of the material- they will be sent a storage invoice in the amount of $15/1000 pieces stored ($75 minimum) per month. If the client fails to pay the invoice within 15 days of receipt Cactus Mailing will dispose of the materials in storage and deem the project as cancelled and subject to the order cancellation terms of Section 8.
- Severability of Provisions: In a court of law if any of the provisions of this document are found unenforceable the remainder of the provisions shall remain in full force and effect.