TERMS OF SERVICE
Quotations: Published prices obtained from PostcardMania are subject to change without notice and selling prices will be adjusted to reflect current PostcardMania selling prices. Quoted prices are good for (30) days.
Order Cancellations: PostcardMania realizes that sometimes it may become necessary for a customer to cancel their order. Therefore, the following policy regarding order cancellation applies: Any order cancelled prior to the “OK to Print” form being signed will receive a company credit which can be used for any future product or service. The credit amount will be based on the amount of product/service already delivered, but may include a $150.00 order cancellation fee. No company credit will be issued after the “OK to Print” has been signed, as PostcardMania will have incurred all of its costs by that time.
Returns for Credit: Because each order produced is a custom job, no order may be returned for credit under any circumstances.
Refunds: Each order is custom-made and requires significant time and resources to fulfill. Because of this, we have a no-refund policy once work has begun. However, we stand by the quality of our products—please refer to our warranty section for details on coverage. If you need to cancel an order before any work has started, a 3.5% processing fee will apply to cover administrative and transaction costs.
Warranty: PostcardMania, at its sole discretion, has the option to repair or reprint any order that contains abnormal imperfections, fails to provide a reasonable representation to the approved color proof, or where we have failed your written instructions. PostcardMania, at its sole discretion, may elect to provide a prorated credit in lieu of a reprint if the shortage, defective or damaged portion of an order does not exceed 20% of the order amount. Claims for defects, damages or shortages must be made by the customer in writing within (10) days after delivery. The customer must receive a written authorization to return a defective order or portion in advance of return. Defective orders must be returned (30) days after delivery.
Mailing Lists: The industry average for return on non-deliverable mail is 10%. Unfortunately, people move every day and they do not always let the USPS know. Therefore, sometimes there is a delay in updating where the consumer or business has moved to. If you ordered and mailed your cards out through PostcardMania, we will assume responsibility for any amount above 10% if the list has been used within a year of purchase. PostcardMania will give a credit toward future mailing for any amount returned over 10%. This includes the printing, addressing, list and postage fees over the 10%. You must save and return all of your mail pieces in order to receive the credit listed above as we need to return these to the third-party list compiler.
PostcardMania will have no liability to you for returns related to a list provided by you. PostcardMania is not responsible for the maintaining or storage of mailing lists you have provided to us or purchased through us beyond the current mailing. However, we will make every effort to keep your personal mailing list(s) and any unlimited lists you purchased from us for a period of (1) year. After (1) year, any mailing lists we have on file for you will no longer be kept on file.
Indemnification – Customer Provided Mailing Lists: The customer affirms ownership and/or usage rights to all provided address records and agrees to indemnify and hold harmless PostcardMania from any and all loss, cost, expenses and damage on account of any and all matter of claims, demands, actions and proceeding that may be instituted against PostcardMania on grounds that said mailing violates any ownership or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invade any person’s right to privacy or any other personal right. The customer agrees to, at the customer ’s own expense, promptly defend and continue the defense of such claim, demand, action or proceeding that may be brought against PostcardMania provided that PostcardMania shall promptly notify with respect thereto.
PostcardMania’s sole liability shall be limited to the reprinting of any defective order or portion and in no case shall include special or consequential damages including customer expenses, profits, or profits lost.
Responsibility for Compliance with Legal Requirements of the State of Georgia
In addition to, and not a replacement of, customer’s other obligations in these terms of service with respect to limitation of liability and indemnity, the following terms, conditions, and obligations shall apply to customer with respect to mail sent related to the purchase of real estate services or related to the sale of real estate located in Georgia or to a Georgia address. There are specific legal requirements customer needs to familiarize itself with, and customer is ultimately solely responsible for ensuring compliance. While PostcardMania may provide general information regarding these legal requirements, that information is provided “as-is” for informational purposes only and may not be relied upon to ensure compliance. It remains customer’s sole responsibility to ensure that all mail pieces and advertisements comply with all applicable federal, state, and local laws, including but not limited to those laws applicable to real estate advertisements in Georgia. PostcardMania strongly recommends consulting with customer’s legal counsel to verify customer’s compliance and address any specific concerns before sending any mail or advertisement.
With respect to Ga. Code § 10-1-393.19 and similar requirements (whether amended, new, or uncodified) in Georgia (the “Georgia Requirements”), PostcardMania does not assume any responsibility or liability for errors, omissions, or misinterpretations of the legal requirements that may arise from the use of PostcardMania’s services and PostcardMania disclaims all implied warranties associated therewith. PostcardMania’s liability in connection with the Georgia Requirements shall not exceed $100 in the aggregate, regardless of the number of violations or mail pieces sent. Under no circumstances will PostcardMania be liable for any indirect, incidental, special, consequential, or punitive damages or legal fees, fines, costs, or expenses with respect to violations of the Georgia Requirements. By utilizing PostcardMania’s services, customer represents and warrants to PostcardMania that its mail piece or advertisement complies with the Georgia Requirements. If PostcardMania mails an advertisement for customer, it does not imply or warrant that such mail complies with the Georgia Requirements.
Further, by using PostcardMania’s services, customer agrees to fully and absolutely indemnify, defend, and hold harmless PostcardMania and its shareholders, officers, directors, and agents (the “PCM Indemnitees”) from and against any claims, damages, liabilities, fines, costs, or expenses (including reasonable attorneys’ fees) that arise from customer’s failure (whether the customer is mailing on behalf of itself or a third party), or the failure of any mail piece, to comply with the Georgia Requirements, or any other federal, state, or local laws. If a claim is made against the PCM Indemnitees, PostcardMania may retain its own independent legal counsel, the cost of which shall be paid by customer on demand.
Reference: Ga. Code § 10-1-393.19
General Indemnification: The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless PostcardMania from any and all loss, cost, expenses and damage on account of any and all matter of claims, demands, actions and proceeding that may be instituted against PostcardMania on grounds that said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invade any person’s right to privacy or any other personal right. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of such claim, demand, action or proceeding that may be brought against PostcardMania provided that PostcardMania shall promptly notify with respect thereto.
Production Schedule & Turnaround Time: Delivery schedules, turnaround times, and other similar terms used by PostcardMania merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays or equipment breakdown. It is not contractual unless agreed in writing.
Customer Supplied Digital Information: All prices and quotations supplied by PostcardMania for printing assume the customer provides properly prepared files following the PostcardMania written guidelines found at www.postcardmania.com/submitting-art/specs. The customer accepts all responsibility for all files that fail to output properly, contain errors or provide an unacceptable result. PostcardMania will make every effort to discover problems in the disk preflight stage but accepts no responsibilities for errors not detected. Digital Image files supplied by the customer are the exclusive responsibility of the customer and PostcardMania accepts no responsibility for the color accuracy or quality of these files.
Customer Changes: PostcardMania will make any changes requested to Full design or Partial design artwork. Print Ready artwork should be sent over ready to print, with no changes, unless this is specifically discussed and paid for. Any changes after the “OK to Print” is received will incur a changes fee.
Proof: PostcardMania will fax and email you a proof for your approval. PostcardMania will not be held responsible for any errors or omissions found after submitting your “OK to Print/Proceed.” Delay in the return of the proof approval will delay the completion of your job. PostcardMania assumes no responsibility for errors contained in the job if proofs are waived, errors in the proof are not noted, or if changes are communicated verbally and not in writing.
Customer Furnished Materials: Artwork, photos, digital files or other information or materials furnished by the customer shall be manufactured, packed and delivered to PostcardMania specifications. Delays or additional expenses incurred as a result of customer materials shall be the responsibility of the customer. PostcardMania will return any artwork that is requested to be returned. We suggest you send high-quality duplicates whenever possible as PostcardMania assumes no responsibility for lost or damaged items.
Color Matching: If you are concerned with the color of your card, please contact your representative to purchase a color proof. You will see this proof before signing off on your postcard. Because of the difference in equipment, papers and inks and other conditions between color proofing and pressroom operations, a reasonable variation between color proofs and completed jobs is expected, unavoidable and shall constitute an acceptable delivery. Postcards and similar products are produced in a gang run and limitations of this format may result in a larger color variance than normal. PostcardMania will make every effort to produce a reasonable representation based on materials supplied by the customer; however, PostcardMania does not guarantee exact color matching.
Color Disclaimer: Due to the limitations and the relative inconsistencies of various display monitors, the colors you see on your screen may not be a totally accurate reproduction of the actual product. We strive to make our colors as accurate as possible, but screen images are intended as a guide only and should not be regarded as absolutely correct.
Payment Terms: PostcardMania shall require cash payment in full at the time the order is placed. A $25 fee will be charged on all returned checks in addition to the original amount due.
Shipping: All shipping charges are in addition to the selling price of the job. We only ship FedEx. We do not guarantee FedEx’s service, however we have found them to be quite reliable. F.O.B.Clearwater, Florida. Shipping prices will be quoted based on quantity and size.
Ownership of Proprietary Materials: Artwork, type, digital files and plates produced by PostcardMania in the ordinary course of production remain the exclusive property of PostcardMania unless otherwise agreed to in writing. If you would like to purchase a high-resolution copy of your artwork, please contact your sales representative for pricing details.
PayPal Credit Financing Customer: If using your PayPal Credit account to pay for this order, you understand that your “Same as Cash” period begins the day that this order form is signed, not the day that the product is delivered and that your account must be paid in full before the “Same as Cash” period ends, otherwise you will accrue interest on the full amount.
Inventory: PostcardMania will store your cards for up to 60 days with no activity. After 45 days, we will contact you to determine if you would like to mail again, discard the cards or have them shipped to you. Storage fees will apply after 60 days of no activity.
Post Office Delivery Times: The delivery date given is approximate based on the normal turnaround time. PostcardMania is not responsible for delays caused by the USPS and our responsibility ends when the job is delivered to the Post Office. Under no circumstances is a refund or credit issued for the cost of postage after the product has been dropped at the Post Office.
Errors in Mailing: PostcardMania is only liable to the extent of re-mailing a job to correct or rectify an error. Damage shall be limited to the value of the work performed and in no case is PostcardMania liable for loss of business incidental or consequential damages. The client will hold PostcardMania harmless in any suit or court action by themselves or others for costs, expenses or alleged damages.
Artwork Storage: PostcardMania will make every effort, but is not obligated, to keep the final version of your artwork on file for a period of 2 years. After 2 years, your artwork will no longer be kept on file.
Additional Disclaimers
Postage: I acknowledge that PostcardMania is a separate entity from the United States Postal Service. Money paid towards a postage invoice is paid to the USPS for the delivery of your marketing pieces. Once your mail is in the hands of the USPS, PostcardMania can no longer control or change any aspect of the mailing. Clicking/signing is also an acknowledgement that the USPS does not provide written proof of mailings or delivery for individual mail owners. The USPS provides us with your mail tracking data as they scan your mail pieces which will be automatically uploaded to your MyPostcardMania portal. There are times when we do not have confirmed scans due to their sorting procedures but the USPS will still deliver your mail even if we cannot provide tracking data. Once your mail has been given to the USPS, PostcardMania cannot cancel the mailing or refund any postage paid.
Credit Card Convenience Fees: A convenience fee of 3.00% will be applied to any postage payments made by credit card. Additional payment options including check, ACH, and more are available.
Everywhere Small Business: I acknowledge that if I currently have subscription-based services running with PostcardMania. This bills monthly but you will be sent an email going over the statistics of these products/services and their associated costs a week prior to your first billing with an opportunity to cancel before that month’s billing takes place. You will also receive a monthly email showing the performance of these products/services to remind you they are active. You are solely responsible for canceling any active products/services and your request to cancel will go into effect immediately. PostcardMania does not refund for months charged before the cancellation request is made. If you have any questions regarding the services you currently have running, please contact your Campaign Coordinator.
Response Rate: Marketing is not an exact science. Many factors can affect response rate such as competition, repetition in mailing, your offer, location, and more. While we may discuss potential or estimated response rates for your campaign and may share response rates we have seen from other campaigns we have run, response is never guaranteed. We know that repetition is vitally important to overall success of your campaign. We highly recommend that you do repeat mailings to the same list.
General Refunds: I acknowledge that PostcardMania cannot refund for services that have been approved for delivery. Once you have sent approval for a specific product (list, design, website, online ads) the money paid for those services gets fully allocated and the product can no longer be altered, canceled or refunded. In some cases, even if no approval has been given, PostcardMania reserves the right to offer a credit on account or partial refund if costs have been incurred. No refunds can be issued after 1 calendar year from the original charge. Please contact your Campaign Coordinator with any questions or concerns.
Right to Refuse Service: We reserve the right to refuse service to anyone for any reason.
Updates & Changes: From time to time, we may add, remove or change our functions, features, products, and services. This, and our commitment to protecting the privacy of your personal information, may result in periodic changes to our Terms of Service. We are not required to inform you of all updates to our Terms of Service, please refer back to these Terms of Service regularly to review any changes or amendments.
Sales Tax: We are required to collect sales tax on purchases shipped within Arizona, Florida, Colorado, Hawaii, New Jersey, Texas, and Washington D.C., in accordance with state laws. If you or your business are exempt from sales tax, please provide a valid exemption certificate to your Marketing Consultant before placing your order.
Once sales tax has been collected and remitted to the state, we cannot issue a refund. However, if you believe you were incorrectly charged sales tax, please contact us with your order details. We will review your case and, if appropriate, issue a refund for the sales tax collected or provide information to help you apply for a refund with the sales tax authorities.
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For additional data about privacy and how we use your data, please see our privacy policy. https://www.postcardmania.com/privacy-policy