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Terms & Conditions
Acceptance of Terms of Use:
Welcome to our website. Please read these terms of Use Carefully. You are responsible to understanding these while accessing or using this site. Postcard Marketing Group reserves the right to make changes to this site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. Please also read our Privacy Policy which complies with our terms of use as well.
You also agree that we may contact you with updates, legal communicaiton, and notices to you electronically by posting them on our website, or through e-mail with the e-mail address you provided to us upon registration of our web-site. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibitied without authorization.
Layout:
You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Postal Regulations are subject to change and you are also 100% responsible for complying with current CDN Postal Regulations as outlined on our website:
All layouts assembled (typeset) by Postcard Marketing Group will have www.easymailmaker.com printed in 6pt. font on the backside of the card. PMG reserves the right to refuse to print any material that PMG determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the Canada Post mail stream. 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 PMG on any job that is denied for the reasons described in this paragraph.
Color:
All cards are placed on our printing press with other jobs or "gang printed." PMG will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but 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. PMG accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent. All colors contained within any RGB digital file will be converted to PMG CMYK color space. This may cause the RGB colors to visually change due to color space differences. 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 PMG online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. For reprints, PMG strongly suggests that you mail a hard copy of the original order for an accurate color review.
Payment :
The fees for PMG 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 an order. We researve the right to place your job on hold if the credit card declines or if we are waiting for payment via cheque. PMG requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. PMG grants Credit Terms on the print portion of orders only. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed mailing services invoice is returned from the customer authorizing payment. PMG accepts Purchase Orders from government and educational institutions with prior approval and requires the submission of the PO number at the same time the order is submitted. Any amount due to PMG, 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, legal fees and interest. All returned checks will be charged a fee of $25.
Refunds & Cancellation:
If a job is unacceptable due to defects in workmanship, we will reprint and ship out the job to you at no cost, or issue a future credit. No cash refunds are offered. Please note that the FULL original run must be returned to us and inspected. If you select option 1 we will reprint the order before inspecting it. This guarantee does not cover customer errors such as low resolution images, poor photography or incorrect copy. Furthermore, we print to industry accepted "pleasing color" standards. We will make every effort to produce a reasonable representation of your job based on your supplied materials. However, note that PMG does not guarantee color matching so defects due to color matching cannot be honored. If a color proof is requested for critical jobs, we guarantee the color proof to match the final printed piece within recognized industry standards.
Turnaround Time & Delivery :
Quoted Turnaround Times start only after all materials necessary to complete your order have been received (our daily deadline is 12 noon ET). All correspondence regarding the order must include the job number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production. Completion of your job within our quoted Turnaround Time is dependent on receipt of your signed layout and final approval. Expected delivery date and Turnaround 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. You are responsible for all customs, duties or fees related to an international shipment. PMG is not liable for damage caused by service carrier. Carrier claims are limited to $100. PMG accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for 30 days from the delivery of the pick up notification email. If the order has not been picked up from PMG within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates.
Indemnification, Damages:
The customer will indemnify and hold harmless the Company, from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted against the Company on the grounds alleging that said printing violates any copyright or any proprietary right of any person.
You certify that you own the rights to use the image(s) being reproduced on your order
The liability of PMG, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to PMG for its products and services. In no event will PMG 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 one (1) year of date of the alleged breach by PMG. You hereby waive any Statute of Limitations to the contrary.
Ownership & Limited Use:
By placing an order with PMG, you represent and warrant that you have all necessary permission, right and authority to place an order with PMG and are authorizing PMG to print such order on your behalf. Any images/graphics, text or other materials supplied to PMG by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to PMG. However, any additional materials created by PMG 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 PMG. Digital files of an PMG 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. PMG reserves the right to distribute free samples of your completed cards to others. Customers can withdraw their order from being distributed as samples by sending a written request to PMG at the following address: 108 Cox Crescent, Thunder Bay, Ont P7A 7K8 or by email to the following address: info@postcardmarketinggroup.com Your images will not be used in any national advertisements or promotions without your prior written consent.
Mailing Services & Mail Delivery:
When utilizing our Mailing Services, PMG 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 PMG be liable for special, incidental, or consequential damages of any kind. PMG's responsibility is limited to preparing your mailing and completing delivery to the CDN Postal Guide PMG shall not be liable for performance failures or delivery delays. PMG accepts no responsibility for any additional services performed outside of PMG, including but not limited to additional ink jetting, bindery or mail delivery services. Any remaining customer cards not mailed through PMG Mailing Services will be returned via Canada Post at customer's expense and shipped to the contact address on file unless otherwise specified by the customer.
Mailing List(s):
PMG 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 PMG, 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. PMG 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 PMG will not utilize the list for any other purpose. For additional information regarding mailing lists and security please refer to the PMG Mailing List, Privacy, Security and Limitations of Liability Agreement.
Duplicate Removal:
Unless otherwise instructed, PMG will remove duplicate names from all lists submitted for processing where the name and address match. No charge will be incurred for removing up to 100 duplicates within an entire list.
Change of Address updates:
Canada Post requires that all first class presorted mailings comply with Move Update. PMG assumes no responsibility for failure to do so.
Purchased Lists:
For mailing lists purchased from PMG, PMG offers a deliverability guarantee of 80% on Business to Business lists and 90% on Business to Consumer lists if mailed within 30 days of the order. Our list partner, Bluetree Direct maintains the highest accuracy rate in the industry - 99%. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to contact names and/or any other demographic/firmagraphic criteria or element. Customer remains fully responsible for payment of any ordered list in the event that 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.
Privacy Policy
Your use of the Site constitutes your consent to PMG privacy policy posted at www.easymailmaker.com which is updated from time to time.
Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of PMG or its content suppliers and is protected by Canada and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. PMG and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
Purchases
All items purchased from PMG are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer and Limitation of Damages
(a) PMG is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, PMG makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will PMG, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.
(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. PMG reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither PMG nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) We make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
Applicable Laws
PMG operates the Site from its Saskatchewan location and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject PMG to any specific jurisdiction. You may not use or export any of the Site materials in violation of Canadian export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the Province of Saskatchewan as applied to agreements made and to be performed entirely therein. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to PMG or any of its officers, employees, agents or representatives, such as where notice to PMG is required by contract, or any National, Provincial, or local laws, rules or regulations.
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