Terms, Conditions & Assumptions
We Mail America.com, LLC. reserves the right to change an original negotiated price due to changes in specifications, production techniques, schedules and/or deployment and delivery times. It is agreed that all price quotes on estimates are subject to modification by the seller to reflect increases in the seller’s cost of materials occurring after valid estimate date and prior to the date supplied by customer. Job estimates are valid for 30 days. All prices quoted will assume print ready art will be supplied unless otherwise agreed upon by seller and client. Client must meet published (emailed) deadlines to ensure on-time delivery.
In some situations, freight is not always included in total sales amount/cost or the per each price. If needed, shipping & handling are additional. All items purchased from We Mail America.com LLC are made pursuant to a shipment contract.
No Guarantees:
We Mail America.com LLC cannot guarantee the results of your advertising campaign under any circumstances. This supersedes any oral or written guarantee made by any representative of We Mail America.com, LLC its employees, vendors, affiliates or affiliate offices, contractors or subsidiaries.
Payment:
The fees for We Mail America.com, LLC products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of a signed order. All jobs will be required to be paid in full prior to mailing or deployment. Payment must be by credit / debit card or electronic wire transfer or a cashier’s check. We Mail America.com LLC requires prepayment on all orders. Any amount owed to We Mail America.com, LLC which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs including legal fees, and interest. All returned checks will be charged a fee of $50.00.
Sales Tax Policy:
We Mail America.com is required and if applicable – to collect sales tax on purchases in any state the billing address is located. If your order qualifies for sales tax exemption in accordance with Georgia Sales & Use Tax Regulations you must provide, We Mail America, LLC requires a Valid Resale Certificate from your state. We Mail America.com, LLC also requires that resale certificates be provided at the time of order via email or file transfer to [email protected].
Design Accuracy/Product Layout:
You are fully responsible for the accuracy of your layouts. Please proofread all layouts carefully before giving us final approval. Postal Regulations are subject to change, and you are also fully responsible for complying with current USPS Postal Design Regulations. All layouts assembled (typeset) by We Mail America.com will have We Mail America.com printed in 6pt. font on the backside of the item. We Mail America.com LLC, reserves the right to refuse to print any material that they determine, in its sole discretion, is immoral, illegal, or inappropriate for any reason for distribution in the United States. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by We Mail America.com on any job that is denied for the reasons described in this paragraph.
Design Standards:
Ad design done by We Mail America.com is the property of and belongs to We Mail America.com unless complete ad design is provided by customer. We May America.com design includes up to two (3) revisions. Customer will be charged an additional cost of $25 for image/artwork changes and $150 for complete redesign. Customer assumes all responsibility for material and copy submitted to We Mail America.com LLC. There is an additional $150 charge to Customer to purchase artwork for personal use.
Color Regulations:
Printed matter may be placed on the printing press with other jobs or “gang printed. We Mail America.com LLC. will reproduce color from submitted transparencies, slides, photos, or digital layouts as closely and accurately as possible. At times, we cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within a minimum of 85-90% of the original image you submit. We Mail America.com LLC, cannot accept responsibility for color variations between submitted images and the actual artwork or product they represent. You should also note that your computer monitor’s calibration affects the colors displayed on your monitor’s screen. The colors on the printed cards may differ from what you see displayed when viewing your layout via We Mail America.com, LLC final approval process.
Postal Rate Changes:
We Mail America.com is not responsible for the increases in postal rates directed from the United States Post Office. If you have an ongoing campaign, or have been quoted a cost and postal rates increase during that campaign or prior to your mail date, you will be responsible for the additional payment to cover those increased costs.
Quotes are also subject to over/under runs:
Commercial Orders – we will deliver the industry standard of 5% plus or minus and charge the exact amount shipped. We do not guarantee zero gap.
Mailing Services & Mail Delivery:
When utilizing our Mailing Services, We Mail America.com LLC shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will We Mail America.com be liable for special, incidental, or consequential damages of any kind.
We Mail America. com’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. We Mail America.com will not be liable for USPS performance failures or delivery delays. We accept no responsibility for any additional services performed outside of We Mail America.com not limited to additional ink jetting, bindery or mail delivery services. Any remaining customer cards not mailed through We Mail America. com’s mailing services will be returned via UPS at customer’s expense and shipped to the contact address on file unless otherwise specified by the customer. Postal statements are available for only 90 days after mailing date.
Owned or Purchased Mailing List(s):
We Mail America.com, LLC agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer’s mailing list. A customer’s mailing list(s), while in the possession of We Mail America.com is the exclusive property of the customer and shall be used only with customer’s instructions. It is customer’s or customer’s list vendor’s responsibility to maintain a duplicate copy of its mailing list. We Mail America.com assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer’s mailing list(s) will not be sold or offered for use to any other party, and We Mail America.com, LLC will not utilize the list for any other purpose. Customer remains fully responsible for payment of any ordered list if the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy customer’s mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a List owner reserves the right to refuse a list rental order for any reason they see fit. Change of Address Updates: U.S. Postal Service requires that all first class presorted mailings comply with Move Update. We Mail America.com, LLC assumes no responsibility for failure to do so.
Political Mailing For Candidates / Local / Regional / National Causes
In the United States, political mailings are subject to regulations set by the Federal Election Commission (FEC) and the United States Postal Service (USPS).
The FEC regulates campaign finance and requires that all political mailings include a disclaimer stating who paid for the mailing. This disclaimer must be prominently displayed on the mailing and include the name and address of the committee or organization that paid for it.
The USPS regulates the actual mailing of political materials and has specific rules regarding what can and cannot be mailed. For example, political mailings cannot contain any threatening language or images or use the USPS logo or symbol. We Mail America. com, LLC has the right to refuse any political mailings that they feel are threatening of any kind or do not fall within the USPS rules.
Additionally, the USPS has guidelines for bulk mailings, which are often used in political campaigns. These guidelines include specific requirements for packaging, labeling, and sorting of the mailings. We Mail America.com, LLC will follow all USPS rules for political mailing.
We Mail America. com, LLC is not responsible for the timing of any political mailing. We will advise if we believe any mailing will not make an election deadline however, by placing a political mailing order with We Mail America. com. LLC you hold us harmless and not liable for any claims against the timing or delivery of the mailing.
Once a candidate or a political ad agency or firm gives, We Mail America. com, LLC written approval for any ad they plan on mailing, We Mail America. com, LLC will not be responsible at any time and for any reason for any mistakes, misprints or misspelling once the ad is approved.
A candidate / firm, person or agency placing a political mailing order for any state, local, federal race or any local political or non-political cause with We Mail America. com, LLC agrees that the sole responsibility of the design, message and delivery of the entire campaign will be held with them. We Mail America.com, LLC its officers, employees, or affiliates will not be responsible nor be held liable for any claims related to messages, claims or predictions. Any delays in delivery once the mail is delivered is the responsibility of the USPS.
Production Time & Delivery Schedules:
Completion of your job within our quoted Production Time is dependent on receipt of your signed layout and final approval. Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For We Mail America.com, LLC all observed holidays require one (1) additional day to all Production Times. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. We Mail America.com LLC, is not liable for damage caused by any service carrier. Carrier claims are limited to $100. We Mail America.com accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option.
All Refunds & Cancellation:
No refunds will be granted once we begin your order. If your order is cancelled per your request, before we have begun any work on it, there will be a $125.00 cancellation charge. This charge is in addition to any proof/shipping fees that have been incurred before cancellation. No partial refunds will be given for work not completed. All refunds, due to overpayment on account are available upon customer request.
Indemnification / Hold Harmless Agreement:
By placing an advertising order with We Mail America. com, LLC you agree to indemnify and hold We Mail America.com, LLC and its parent companies, subsidiaries, affiliates, officers, directors, employees, and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, state or governmental laws, disparagement claims, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your mailing. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice to be protected by such laws. You acknowledge and understand that any and all claims against you for any and all written material on your direct mail item that was provided by you, you will take full responsibility for its content and represent it to be true. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by We Mail America.com, LLC. Please do not send any “one-of-a-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are not responsible, financially, or otherwise for loss or damage to customer supplied images or artwork. The liability of We Mail America.com, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, about any order placed by a customer shall not be greater than the total amount of fees payable by customer to We Mail America.com. for its products and services. In no event will We Mail America.com be liable for any special, incidental, or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within thirty days of date of the alleged breach by We Mail America.com, LLC. You hereby waive any Federal or State Statute of Limitations to the contrary.
Ownership & Limited Use:
By placing an order with We Mail America.com LLC, you: (1) represent and warrant that you have all necessary permission, right and authority to place an order with We Mail America.com and (2) are authorizing We Mail America.com to print such order on your behalf. Any images/graphics, text or other materials supplied to We Mail America.com, LLC by the customer will remain sole property of the customer and the copyright there-under has not been assigned or transferred in any manner to We Mail America.com, LLC. However, any additional materials created by We Mail America.com, LLC in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc.) are and shall remain the sole property of We Mail America.com, LLC. Digital files of a We Mail America.com, LLC assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party.
We Mail Amercia.com, LLC reserves the right to reprint and distribute your finished cards as example of a We Mail America.com postcard or tri-fold product for any and all promotional purposes. This promotional distribution may include but is not limited to We Mail America.com, LLC collateral marketing materials, website, affiliates’ websites, affiliate programs, We Mail America.com, LLC. catalogs, catalogs of others, emails, and any other marketing in any medium that We Mail America.com may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to by email to the following address: [email protected] Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.
Terms & Conditions:
We Mail America.com, LLC provides its services to you subject to the following Terms and Conditions. If you visit or make purchases at We Mail America.com or any other affiliate offices operated by an non-employee or one of its divisions or subsidiaries (collectively, We Mail America.com, you agree to abide by these Terms and Conditions when you use the site or make a purchase. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site or place orders with our representatives, affiliate offices or otherwise.