The Direct Mail Agency Terms and Conditions
Please read these Terms and Conditions carefully. By accessing this site and pages thereof, and by using The Direct Mail Agency services, you agree to be bound by the Terms and Conditions below. If you do not agree to these Terms and Conditions, DO NOT utilize The Direct Mail Agency services and information.:
LEGAL CLAIM: NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE, YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB-SITE. TRUTH ADVERTISING RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
RIGHT TO WITHDRAW ADVERTISEMENT
The Direct Mail Agency brand is represented on every mailer. It is the sole discretion of ours to accept or deny any direct mail campaign for illegal purposes and or including …. Profane, abusive, threatening, obscene, vulgar, or otherwise objectionable content, or content that may be interpreted as objectionable by the general public within a specific mailing area. The Direct Mail Agency reserves the right to deny advertising to any business or nonprofit organization for any reason.
The customer is fully responsible for final proof and layout approval before the printing process.
The Direct Mail Agency is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspelling, Grammar, Punctuation, Incorrect phone numbers or addresses or maps.
By submitting my estimate/agreement and proof approval “I agree to the following terms”.
I will verify with my final proof that spelling and content are correct, I am satisfied with the document layout and I understand that my document will print EXACTLY how I approved the proof. I also agree that I cannot make any changes once my order is placed and that I assume all responsibility for typographical errors.
INDEMNIFICATION. You agree to indemnify and hold harmless The Direct Mail Agency, their officers, directors, employees, or agents from any loss, expense, or damages on any manner of claims, demands, actions, and proceedings that may be instituted against TThe Direct Mail Agency on grounds alleging that said printing violates any copyright or any proprietary right of any person.
LIMITATION OF LIABILITY. In no event shall Truth The Direct Mail Agency, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with The Direct Mail Agency products and services.
UNITED STATES POST OFFICE: The Direct Mail Agency assumes no responsibility for the timely delivery of mail from the US Post Office. Please allow usually 2-7 days for the delivery of your mail once dropped at the US Post Office.
POSTAL INCREASE: At times the US Post Office will raise its postage prices. These rates are beyond our control and any agreements made before this increase or multiple mailing programs, including DMA new neighbor program will be adjusted to reflect the rate increase.
COPYRIGHT: The customer also warrants that any subject matter provided by the client to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice to be protected by copyright law, the absence of such notice does not necessarily assure a right to reproduce. All design ideas are the property of The Direct Mail Agency and cannot be copied, duplicated, or reproduced in any manner without written permission from The Direct Mail Agency. The Direct Mail Agency reserves the right to post any mailer, designed or printed, for viewing and possible customization.
PAYMENT: The Direct Mail Agency requires payment in full before shipping or mailing your job. Once your job is approved it will be sent to our press department where it will be printed and addressed. However, we will place your job “on hold” status until we receive payment in full. The Direct Mail Agency accepts checks, credit cards, and you may also pay with our secure online payment feature. Balances past 90 days will be subject to a 1% interest rate per month until paid in full. In the event of default by the purchaser, the purchaser shall pay for the expenses of the seller in the enforcement of remedies including reasonable attorney’s fees and legal expenses.
CANCELING ORDER: When submitting designs to the art department you begin the order process. If you cancel an order before we begin the design process no cancellation fee will be assessed. If you cancel after we have designed an ad for you and send you a PDF online soft proof, you will be billed for design services in the amount of $200. After you have approved your PDF online soft proof for printing, we cannot offer a refund and must bill you the full order amount. This is because we immediately send your job into pre-press production, once you approve the proof. All transactions and approval stages in our order entry process are recorded and time-stamped in your customer administration section.
OVERRUNS: We pride ourselves on shipping more than the client ordered on most occasions. We stand by a standard of 200 samples of your order when available, to use how you wish. We ship these samples FREE. If you need more than 200 samples we will bill you a small fee per piece and shipping of your samples.
ONLINE PROOFING: The Direct Mail Agency provides you with two online soft proofs. One of the first design, and the second after changes are made. The client may sign the 2nd proof with changes to release the job to the pre-press department. Changes after the 2nd proof that a 3rd online proof is required, will be billed out at an additional $35 per proof.
COLOR PROOFING & MATCHING
The Direct Mail Agency is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design, layout, text accuracy, image proportion, and placement, but not color or density.
The Direct Mail Agency will try its best to match the gradient density of each color, The Direct Mail Agency not liable for the final appearance of a color.
The Direct Mail Agency will be happy to help you cancel your order before approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
If the job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. The minimum is $15 ( 15%-30% of total transaction )
Once the order has been placed successfully, No Refunds are issued for the Logo and Graphic design services.
LIMITS OF LIABILITY THIRD-PARTY LISTS: The Direct Mail Agency is not liable for any losses or damages claimed through the use of our lists or mailing services using lists that were compiled by other companies and rented out by us. Under no circumstances can The Direct Mail Agency guarantee the validity of rented/purchased other than what is guaranteed by the company such list was purchased from. Under no circumstances shall our liability for a mailing exceed the invoice cost of such list. Compiled lists from various mailing lists of independent publishers and direct mail marketers cannot be guaranteed deliverable, nor can the outcome of any mailing be guaranteed for delivery. Further, no warranty is made concerning lists obtained from third parties other than assignment to of whatever warranty is made by the third party and provided to us. We are not liable for any other damages or losses incurred through the list(s) provided. Complete Terms and Conditions of Mailing Lists.
RETURNS AND REFUNDS
Since each order is unique to the customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.
Customer must notify The Direct Mail Agency within 6 business days of order acceptance to notify any defects discovered in the ordered product. To receive a replacement Customer must return 100% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped at the customer’s own expense.