1.0 Independent Contractor
SmartEtailing is an Independent Contractor.
SmartEtailing shall be permitted to engage third party service providers such as designers, printers, and mail houses as independent contractors in connection with this agreement. SmartEtailing shall remain responsible for such Agent’s compliance with this agreement.
Invoices will be submitted in an itemized format and must be paid by client in accordance with invoice terms. If a payment plan has been defined then payment is due as outlined in the payment plan. Interest on past due balances is 18% per annum or 1.5% per month. SmartEtailing reserves the right to refuse completion or delivery of work until past due balances are paid.
No refunds of any nature will be granted once SmartEtailing begins your order. Additionally, no partial refunds will be provided for work not completed and design and setup fees may still apply and be charged. Refunds due to an overpayment on a particular account are available upon client request.
5.0 Out-of-Pocket Expenses
Client shall reimburse SmartEtailing for pre-approved out-of-pocket expenses arising from this agreement. Estimate does not include outside purchases such as, but not limited to, images, shipping of samples and overruns, or out-of-town travel.
6.0 Changes & Additions
Client shall pay additional charges at the hourly rate of $100 for changes requested by client that are outside the estimate scope. If the quantity of a mail project is increased at the client's request after the order has been initiated, then an appropriate per-unit charge will be invoiced at the rate applied in the original order.
Once the estimate is accepted and a deposit is received by SmartEtailing, the project will begin. SmartEtailing will undertake commercially reasonable efforts to perform the services outlined in the proposal within the agreed upon schedule. Client agrees to promptly review deliverables and (i) approve or (ii) provide feedback sufficient to identify the client’s concerns or corrections. Client acknowledges and agrees that SmartEtailing’s ability to meet any and all schedules is dependent upon client’s prompt performance of obligations. SmartEtailing may extend or modify any schedules or deadlines as may be required by changes requested by client. Delivery dates and schedules are not guaranteed.
8.0 Mailing Services & Delivery
When utilizing our mailing services, in no case will SmartEtailing be liable for special, incidental, or consequential damages of any kind. SmartEtailing’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. SmartEtailing shall not be liable for USPS performance failures or delivery delays. Most SmartEtailing project mail as Standard Bulk Mail which USPS states typically take 2 - 9 days in the 48 contiguous states for delivery but can take up to 14 days.
9.0 Mailing Lists
SmartEtailing agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a client's mailing list. A client's mailing list(s), while in the possession of SmartEtailing, is the exclusive property of the client and shall be used only with client's instructions. Client's mailing list(s) will not be sold or offered for use to any other party, and SmartEtailing will not utilize the list for any other purpose.
10.0 Removal of Duplicates
Unless otherwise instructed, SmartEtailing will remove duplicate names from all lists submitted for processing where the name and address match. No charge will be incurred for removing duplicates within an entire list. 100% accuracy of removal cannot be guaranteed due to data variances.
11.0 Purchased Lists
For mailing lists purchased from SmartEtailing, SmartEtailing offers no additional guarantees of the deliverability of records than that provided by the third party provider of each list. Client may request deliverability documentation at the time of purchase. 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 criteria or element. Client 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 client.
It is the client’s responsibility to check artwork carefully for accuracy in all respects. SmartEtailing is not liable for errors or omissions caused by the client’s failure to check artwork. The client is responsible for ensuring that all offers, coupons, barcodes, prices, and disclaimers included in the artwork meet the requirements of the client's POS systems, policies, equipment, and applicable laws. Please proofread all layouts carefully.
Computer monitor’s calibration affects the colors displayed on your monitor’s screen. The colors on printed products may differ from what you see displayed when viewing layouts via on-screen PDF proofing.
Client agrees to allow SmartEtailing use of final designs and images for promotional purposes, including but not limited to, displaying preview images on SmartEtailing’s website, distributing samples to prospective clients, and using the client's name and logo in promotion of the SmartEtailing brand.
Client shall indemnify, save, and hold harmless SmartEtailing for damages, liabilities, losses, and expenses arising out of any claim or action by a third party arising out of any breach of client responsibilities or obligations. The liability of SmartEtailing, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a client shall not be greater than the total amount of fees payable by client to SmartEtailing for its products and services. In no event will SmartEtailing 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 these terms must be filed within one (1) year of date of the alleged breach by SmartEtailing. You hereby waive any Statute of Limitations to the contrary.
In the event of termination by either party upon thirty (30) days written notice, SmartEtailing shall be compensated for the services performed through the date of termination. If client materially breaches provisions of these terms and conditions, SmartEtailing may terminate the order immediately without prior notice.
17.0 Unenforceability of Provisions
If any provision of these terms and conditions is held to be invalid and unenforceable, then the remainder of these terms and conditions shall nevertheless remain in full force and effect.