Cactus Mailing Company 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. 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.
- 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.
- 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 thru an auction process – Cactus Mailing has no control over the auction process and the resulting cost of ad impressions. If Cactus Mailing’s 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.
- Digital Marketing – Retargeting: Retargeting requires the installation of a code snippet on the client’s website or landing page. Cactus Mailing will assist the client in the installation of the code, but client acknowledges that it is their responsibility to ensure the code is installed and functioning correctly. Retargeting campaigns contain a quoted maximum number of impressions. Client acknowledges that the number of ad impressions will vary or may be limited by the number of visitors that visit the client’s website and/or landing page and that the maximum number of impressions quoted for the campaign may not be achieved by the end of the campaign’s duration. No refunds or credits will be issued if the maximum number of impressions quoted is not obtained.
- Digital Advertising Management Services: this section includes any digital advertising created and/or managed by Cactus Mailing thru service providers including but not limited to Google Ads, Facebook, LinkedIn and Microsoft/Bing. Client agrees that Cactus Mailing may use third-party service providers (the “Service Provider”) in providing advertising services. Advertising services may appear on any variety of media, including but not limited to Internet search engine results. Other media types include content networks such as online news or article sites and online video sites, social media sites etc. Registering and/or ordering advertising services does not in any way guarantee that all or any of the search term keywords will be accepted by Cactus Mailing or a third-party provider.
For advertising services, positioning of online service-related advertisements is at the sole and absolute discretion of Cactus Mailing and/or service provider. Online advertisements are subject to the approval of Cactus Mailing and its service provider(s). Cactus Mailing and its service provider(s) reserve the right to reject, cancel, modify or remove, without notice to you, any advertisement, or related keyword, webpage, link, space reservation, position commitment or any element thereof, at any time, for any reason. Client agrees that Cactus Mailing does not perform any type of intellectual property search or screen on any keyword phrases. Consequently, Client accepts that it assumes all risk and liability for using recommended keyword phrases that are generated through provided applications or are otherwise recommended by Cactus Mailing. Client’s lack of a live website will not defer charges or fees for the advertising services.
If client limits Cactus Mailing’s access to needed paid media account(s), via changing login credentials or otherwise, client will still be responsible for paying the related service fees and any ad spend allocated to paid media provider. Client agrees that Cactus Mailing is to maintain sole administrative rights for any media service provider account used to provide advertising services, and client is to have no access to any such service provider account. Upon cancellation of services Cactus Mailing may, but has no obligation to, close any service provider account used to provide advertising services. In the event client budget is not entirely spent during a given billing period, unspent dollars will roll over into the following billing period. Client agrees to submit any claims or disputes regarding any charges or account performance in writing to Cactus Mailing via email to email@example.com within thirty (30) days of such charge otherwise such claim or dispute will be waived and charges will be final.
- 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 payment in full via credit card or ACH 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 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. For ACH payments Cactus Mailing at its sole option may hold for up to 8 business days to ensure they have cleared before any additional work will be performed or mail delivered to the post office.
- 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 charge 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 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 9. Any projects deemed inactive a second time will be immediately deemed cancelled and subject to the order cancellation terms of Section 9.
- 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 the 90 days the project is deemed cancelled and subject to the order cancellation terms of Section 9.
- 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 9.
- 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.