Cactus Mailing Company Terms and Conditions of Service
- 1. 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. 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.
Cactus Mailing at its sole discretion may opt to use shipping, transportation, and or delivery methods other than the Postal Service. This is typically referred to as "drop shipping" and any postage savings resulting from drop shipping will be retained by Cactus Mailing as these savings are taken into account when providing prices and quotes for our products and services.
- 2. EDDM Mailings:
For EDDM mailings the Postal Service does not issue a postage receipt (3600-R or 3602-R) as the mail pieces are shipped directly to the destination post office(s) for delivery. For EDDM projects Cactus Mailing will upon request provide the delivery confirmation for the shipment of the mail pieces to the post office(s) and client agrees that these delivery confirmations will constitute proof of delivery and that Cactus Mailing has completed its obligation and has no further obligation or liability for the mailing.
- 3. 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.
- 4. 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 or extend the end date of the campaign until ordered number of impressions are fulfilled.
- 5. 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.
- 6. Postage Increases:
Any postage rate increase(s) that becomes effective before or during the execution of a project will, at Cactus Mailing's sole discretion, be passed on to the client. This includes orders that were placed with both estimated and flat rate postage.
- 7. Payment Terms:
Cactus Mailing typically requires payment in full via credit card or wire transfer at the time 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. 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. Client also authorizes that if the client cancels the project prior to completion, that all remaining amounts due for the project (excluding postage) are due immediately and will be charged to the credit card on file.
- 8. Order Cancellation:
Orders may be canceled by notice in writing or via e-mail. It is the client’s responsibility to confirm Cactus Mailing has received the order cancellation notification. For orders cancelled 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 $150 or 15% of the project total whichever is greater. For orders cancelled 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 $150 or 15% of the project total whichever is greater. Credits on account may be used within 180 days from the date of issue. For projects cancelled after the client approves their proof the balances of the project (excluding postage) shall be due immediately and charged to the client’s credit card on file.
- 9. 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 deemed as inactive. When the requested information or payment is received the project will be returned to active status. If a project remains inactive for more than 45 days it shall be deemed cancelled and subject to the order cancellation terms of Section 8. Any projects deemed inactive a second time will be immediately deemed cancelled and subject to the order cancellation terms of Section 8.
- 10. Projects on Hold:
Up to the point of when the client approves their design proof, they may place a project on hold. After proof approval a project cannot be placed on hold and will be mailed as previously scheduled. If a client needs to place their project on hold, they may put the project on hold for a maximum of 90 days 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 does not mail within 90 days the project is deemed cancelled and subject to the order cancellation terms of Section 8.
- 11. 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.
- 12. 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.
- 13. 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 are 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 fee paid but the project may not be cancelled.
- 14. 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.
- 15. 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.
- 16. Call Tracking Numbers:
Client agrees the tracking number will only be used for calls generated from marketing material and services by Cactus Mailing Company. Ninety days after your last mail date or after 12 months of free service (whichever comes first) the client will be notified of pending cancellation of the call tracking number and given the option to continue the call tracking service. If the client requests to continue the service their credit card on file will be charged a reoccurring fee of $30 per month (billed in 3 month increments) until client requests the call tracking number be cancelled. Client may cancel their service by notifying Cactus Mailing Company in writing/email. If Client chooses to record telephone calls, they expressly agree and acknowledge that they will 1) make the necessary arrangements to ensure that the caller is provided the necessary warning about the presence of any recordings made of a call in accordance with the law 2) Client must notify their employee, contractor, officer, agent, authorized representative or other third party that their telephone conservation with a caller is being recorded and 3) Cactus Mailing Company shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.
- 17. 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.
- 18. 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.
- 19. 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.
- 20. 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.
- 21. 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.
- 22. 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.