Terms and Conditions of Service

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.

To verify services provided, the client may request a copy of the delivery scans. Requests must be made within 14 days of the mailing date. Client agrees that as the post office does not always scan every piece at every processing facility that any scans provided (even a single scan of a mail piece or tray) shall be evidence that the postal service received the client’s mailing, and that service was provided in full. Client also agrees that if they do not request the scan data within 14 days of the mail date that shall constitute agreement that the services were provided in full.
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.
Postage Rate Increases: Projects not completed within 6 months of the order date are subject to any US Postal Service postage rate increases that occur 6 months or more after the date the order was placed. Any fractional cent postage increase will be rounded up the nearest whole cent.
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 that Cactus Mailing has received the order cancellation notification. Cancelled orders will be refunded in accordance with Section 7: Refunds. The refund amount will be the order total minus work performed and minus a 20% cancellation fee on work not performed.

For purposes of cancellations – a project is considered to have entered production when the proof is approved or if using an existing design on file (no proof approval required) 10 days before the mail date.
Once a project or a mail drop has entered production, it may not be cancelled and is considered work performed.
Refunds: Refunds of payments made via ach or wire will be refunded via check. Payments made via credit card will be refunded to the credit card and subject to a 3% fee to cover merchant service fees.
Project Materials: In the event of supply chain or equipment issues, Cactus Mailing reserves the right to make substitutions to paper stock and coatings as necessary to meet the mailing’s scheduled mail date.
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.
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, harmful, or unlawful.

The client acknowledges that they are responsible for the content of the mailing and ensuring it does not violate any applicable state or federal laws or postal regulations. Cactus Mailing will not issue any refunds or credits for USPS rejection or non-delivery.
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 the returned mail pieces to Cactus Mailing prior to the issuance of any credit. Credits must be used within 7 months of the original order date.
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.
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.