Terms & Conditions
Terms of Service
- ACCEPTANCE OF TERMS
HallPrintMail.com provides its service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without notice
to you. By accessing any page on this site, you agree to be bound by these
terms and conditions. In addition, when using particular HallPrintMail.com
services, you may be subject to additional posted guidelines or rules
applicable to our partners or affiliates, or specific to such services which may
be posted on our site or on the sites of our partners or affiliates, from time to
time. All such guidelines or rules are hereby incorporated by reference into
- USE OF SERVICE
HallPrintMail.com currently provides users with access to on-line design
services, design libraries and printing resources (collectively, the "Service").
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new HallPrintMail.com features,
shall be subject to these TOS. You understand and agree that the Service is
provided "AS-IS" and that HallPrintMail.com assumes no responsibility for the
timeliness, deletion, misdelivery or failure to store any user communication,
design, graphic, or photo that you or any other person customizes or supplies.
(a) DESIGN TEMPLATES AND GRAPHICS from the HallPrintMail.com’s
Design Library may only be used on printed products produced by
HallPrintMail.com. Products created with HallPrintMail.com’s designs or
templates may not resold or reproduced by any other person or company
without express written permission. HallPrintMail.com’s designs or templates
may not be downloaded for duplications or resale in whole or in part.
If you have any questions regarding the use of DESIGN TEMPLATES AND
GRAPHICS , please contact us directly via email printctr@HallPrintMail.com
or by telephone at 661-327-3228 from M-F 8:00 a.m. to 5:00 p.m. PST,
(b) FONTS The typefaces on final printed products are graphic representations of the original fonts that
appear on your screen. As these technically exist only on our servers, it is not allowed to download
these typefaces. For more information on licensing or how you can acquire these fonts for personal
use, please contact us at printctr@HallPrintMail.com.
(c) PERSONAL DATA - In consideration of your use of the Service, you agree to provide true accurate,
current and complete information about yourself as prompted by the Service's registration form or
similar query ("Personal Data"). Personal Data and certain other information about you is subject to our
through a link on our home page at www.HallPrintMail.com.
- CUSTOMER ACCOUNT, PASSWORD AND SECURITY
You will create your own password and account name when completing the Service's registration
process. You are responsible for maintaining the confidentiality of the password and account, and you
are fully responsible for all activities that occur under your password or account. You agree to (a)
immediately notify HallPrintMail.com of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each session. Under no
circumstances will HallPrintMail.com be liable for any loss or damage arising from your failure to comply
with this Section 3.
- CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials
("Content") are the sole responsibility of the person from which such Content originated. This means that
you, and not HallPrintMail.com, are entirely responsible for all Content that you send, upload, post or
otherwise transmit via the Service. Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to
send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything
indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to
injure the personal property or reputation of another person, a threat to accuse any person of a crime, a
threat to inform another that a person has violated any law of the United States, or a threat of blackmail;
(iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United
States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that
infringes the intellectual property rights or other proprietary rights of HallPrintMail.com or any third party.
Under no circumstances will HallPrintMail.com be liable to you in any way for any Content you may be
exposed to that you may find offensive, indecent or objectionable.
HallPrintMail.com does not control the Content posted by Customers and does not guarantee the
accuracy, integrity or quality of the Content. This includes Content that was scanned by Service software
to correct Content typographical or grammatical errors, i.e. “spell check”. You are the final arbiter of file
You understand that you control the privacy of any Content you elect to post by granting access under
your personal password. When you, or someone to whom you have given access, orders a print item
using your password, you grant HallPrintMail.com the world-wide, royalty free and non-exclusive license
to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the
Content on the Service and on the printed product for the purposes of storing designs or processing
print orders. This license exists only for the length of time necessary for HallPrintMail.com to complete
your order or until you delete the Content from the Service.
You acknowledge that HallPrintMail.com does not pre-screen Content, but that HallPrintMail.com and its
designees shall have the right (but not the obligation) in their sole discretion to remove any Content that
violates the TOS or may otherwise be objectionable. You further acknowledge and agree that
HallPrintMail.com may preserve Content and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that the Content violates the rights of thirdparties;
or (d) protect the rights, property, or personal safety of HallPrintMail.com, its users and the
You agree to indemnify and hold HallPrintMail.com, and its subsidiaries, affiliates, officers, agents, cobranders,
print vendors, business partners, employees, successors or assigns harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of the rights of a third party.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HallPrintMail.com may establish general practices and limits concerning your use
of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the
Service, and the maximum disk space that will be allotted on HallPrintMail.com's servers for Customer
use. You agree that HallPrintMail.com has no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted to the Service. You acknowledge that HallPrintMail.com reserves
the right to delete Content stored on the Service which is inactive for an extended period of time. You
further acknowledge that HallPrintMail.com reserves the right to change its general practices and limits
at any time, in its sole discretion, with or without notice to you.
- MODIFICATION OR TERMINATION TO SERVICE
HallPrintMail.com reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree
that HallPrintMail.com, in its sole discretion, may terminate your password, account (or any part thereof)
or your use of the Service, and remove and discard any Content for any reason, including, without
limitation, for lack of use or if HallPrintMail.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. HallPrintMail.com may also in its sole discretion, and at any time,
discontinue providing the Service, or any part thereof, with or without notice to you. You agree that
HallPrintMail.com shall not be liable to you for any loss or damage you may suffer due to any
modification, suspension, termination or discontinuance of the Service.
- DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, any third parties found
on or through the Service, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings, are solely between you
and such third party. You agree that HallPrintMail.com shall not be responsible or liable for any loss or
damage of any sort incurred by you as the result of any such dealings or as the result of the presence of
such third parties on the Service.
From time to time, you may find, links to third party websites from the Service. You acknowledge your
understanding that your access to and use of any third party website will be governed by the terms and
conditions belonging to such third party. HallPrintMail.com does not endorse and is not responsible for
your use of or exposure to any content, advertising, products, or other materials found at or available
from these websites. You further acknowledge and agree that HallPrintMail.com shall not be responsible
or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection
with your use of or reliance upon any content, goods or services available on or through any third party
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. HallPrintMail.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
(b) HallPrintMail.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
HallPrintMail.com OR THROUGH THE USE OF THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HallPrintMail.com AND ITS AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HallPrintMail.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR
INABILITY TO USE THE SERVICE; (ii) YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- TRADEMARK and COPYRIGHT INFRINGEMENT
HallPrintMail.com and all of its content are protected by copyright laws of the United States and
international treaty provisions. ©2008 Hall Letter Shop, Inc. All rights reserved. This website, its
trademark and associated logos, may not, in part or in whole, be copied, imitated, reproduced, modified,
transmitted, translated, distributed, adapted or disassembled in any fashion without expressed written
permission of Hall Letter Shop, Inc.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or
licensed to you onto materials and merchandise to be printed via HallPrintMail.com.
Words, names, and designs used to identify services or products are considered trademarks, service
marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials from artists,
photographers, publishers, writers, composers, and other authors of original works unless they are
specifically licensed to you by the copyright holder.
Hall Letter Shop, Inc will not assume the responsibility of checking the content of its client's submitted
materials for copyright violations. Therefore, Hall Letter Shop, Inc will not be held accountable for any
illegal use of copyrighted material by its clients.
- GENERAL INFORMATION
The TOS constitute the entire agreement between you and HallPrintMail.com and govern your use of
the Service, superceding any prior agreements between you and HallPrintMail.com. You also may be
subject to additional terms and conditions that may apply when you use affiliate services, or third-party
content. These TOS and the relationship between you and HallPrintMail.com shall be governed by the
laws of the State of California, without regard to its conflict of law provisions. You and HallPrintMail.com
agree to submit to the personal and exclusive jurisdiction of the courts located within the county of
KERN, California. The failure of HallPrintMail.com to exercise or enforce any right or provision of these
TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of
these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or these TOS must be filed
within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service group via email to
printctr@HallPrintMail.com or by telephone at 661-327-3228 from Monday - Friday 8:00 a.m. to 6:00
p.m. Pacific Standard Time.
Copyright © 1996-2007 Hall Letter Shop, Inc. All rights reserved worldwide.
It is strictly prohibited to copy, redistribute or republish any materials or software
contained on the HallPrintMail.com website without the written consent of HallPrintMail.com.
At HallPrintMail.com, we respect our customers and understand that you are
what kind of information we collect, how we use it, with whom it may be shared,
what choices you have regarding our use of your information, and how you may
review and change some of the data you provide to us.
We are located in the United States and this is a U.S.-based web site. By using
this site, you agree to the transfer of your personal information to or within the
As we continue to develop our web site and take advantage of technologies to
improve the services we offer, this policy likely will change. When we change it,
we will post the change(s) on our web site. If we change the policy in a material
way, we will provide appropriate online notice to you.
What Information Do We Collect and How Do We Use It.
We may collect various types of personal information from you, depending upon
how you use our site. The categories of personal information we collect may
- Your first and last name
- A home or other physical address, including street name and name
of a city or town.
- Your e-mail address.
- Your telephone number.
- If you make a purchase on our site, your credit card number and related information.
We may combine the information we collect from you with information we
receive from you offline. We may also receive information about you from other
sources, including, for example, address update services.
We may use the information we collect from and about you for any of the
following purposes: (1) to fulfill your requests for products and services; (2) to
provide you with targeted offers and advertising on the site; (3) to contact you; (4) to review site usage
and operations; (5) to address problems with the site, our business or our products and services; and (6)
to protect the security or integrity of the site and our business.
A cookie is a small text file that may be stored on the hard drive of your computer when you access the
site. A web beacon is an electronic image used to recognize a cookie on your computer when you view
including your IP address, browser type, the time and length of your visit, the pages of the site you visit
and other clickstream data. This information may be used in order to: (1) remember the products in your
shopping cart; (2) recognize you when you return to the site; (3) improve and personalize your
experience on our site; (4) provide you with customized advertising; and (5) monitor site usage and
analyze the behavior of site visitors. We do not collect any personal information through our use of
cookies and web beacons, and we do not combine the non-personal information we collect through
them with any of your personal information.
You may decline cookies, but by doing so, you may not be able to use certain features on our site. You
also may be able to make some web beacons unusable by rejecting cookies. Check the "Help" menu of
your browser to learn how to change your cookie preferences.
Do We Share Your Information?
We will transfer or otherwise disclose information collected from and about you to the following entities
for the following purposes: (1) to our service providers, suppliers and business associates, if the
disclosure will enable them to fulfill your request for products or services from us for another vendor on
our site; (2) to our service providers and business associates, if the disclosure will enable them to
perform a business, professional or technical support function for us; (3) to other companies, credit
bureaus or government agencies in connection with issues related to fraud, credit or debt collection; (4)
rights or the rights of any third party; (5) to respond to judicial process and provide information to law
enforcement agencies or in connection with an investigation on matters related to public safety, as
permitted by law, or otherwise as required by law; and (6) if our company or substantially all of its assets
are acquired, your personal information may be one of the transferred assets.
Can I Change My Information?
You may change or update your personal information simply by logging in to your account and making
the necessary changes. If you encounter any problems with your account, send an email to:
email@example.com outlining the problem, or contact our customer service @ 661-327-3228, M-F
8:00am - 5:00pm.
We have taken certain physical, electronic, contractual, and managerial steps to safeguard and secure
the information we collect from site visitors.
Third Party Websites
The site may contain links to third-party websites, which may have privacy policies that differ from our
own. We are not responsible for the activities and practices that take place on these sites. Accordingly,
Thank you for visiting our site. If you have any questions or comments about this policy, please send an
email to firstname.lastname@example.org. Please include "Question or Comment" in the subject line.
Printing Trade Customs
Of The PRINTING INDUSTRY OF NORTH AMERICA
as adopted by Hall Letter Shop, Inc.
A quotation not accepted within 30 days may be changed.
Acceptance of orders is subject to an approved account number or credit
approval. Canceled orders require compensation for incurred costs and
- EXPERIMENTAL WORK
Experimental or preliminary work performed at customer's request will be
charged to the customer at Hall Letter Shop, Inc’s current rates. This work
cannot be used without Hall Letter Shop, Inc’s written consent.
- CREATIVE WORK
Sketches, copy, dummies and all other creative work developed or
furnished by Hall Letter Shop, Inc are Hall Letter Shop, Inc’s exclusive
property. Hall Letter Shop, Inc must give written approval for all use of this
work and for any derivation of ideas from it.
- ACCURACY OF SPECIFICATIONS
Quotations are based on the accuracy of the specifications provided. Hall
Letter Shop, Inc may re-quote a job at time of submission if copy, film,
tapes, disks, or other input materials don't conform to the information on
which the original quotation was based.
- PREPARATORY MATERIALS
Art work, type, plates, negatives, positives, tapes, disks, and all other
items supplied by Hall Letter Shop, Inc remain Hall Letter Shop, Inc’s
- ELECTRONIC MANUSCRIPT OR IMAGE
It is the customer's responsibility to maintain a copy of the original file. Hall
Letter Shop, Inc is not responsible for accidental damage to media
supplied by the customer or for the accuracy of furnished input or final output. No claims or
promises are made about Hall Letter Shop, Inc’s ability to work with jobs submitted in digital format,
and no liability is assumed for problems that may arise. Any additional translating, editing, or
programming needed to utilize customer-supplied files will be charged at prevailing rates.
Customer alterations include all work performed in addition to the original specifications. All such
work will be charged at Hall Letter Shop, Inc’s current rates.
- PREPRESS PROOFS
Hall Letter Shop, Inc will submit prepress proofs along with original copy for the customer's review
and approval. Corrections will be returned to Hall Letter Shop, Inc on a proof and marked with
"Approved," "Approved with changes," or "Revised proof required" and signed by the customer.
Until the Proof set is received, no additional work will be performed. Hall Letter Shop, Inc will not be
responsible for undetected production errors if:
— proofs are not required by the customer;
— the work is printed per the customer's approval;
— requests for changes are communicated orally.
- PRESS PROOFS
Press proofs will not be furnished unless they have been required in writing in the Hall Letter Shop,
Inc’s quotation. A press sheet can be submitted for the customer's approval as long as the customer
is present at the press during makeready. Any press time lost or alterations/corrections made
because of the customer's delay or change of mind will be charged at Hall Letter Shop, Inc’s current
- COLOR PROOFING
Because of differences in equipment, paper, inks, and other conditions between color proofing and
production pressroom operations, a reasonable variation in color between color proofs and the
completed job is to be expected. When variation of this kind occurs, it will be considered acceptable
- OVERRUNS OR UNDERRUNS
Overruns or underruns will not exceed 10 percent of the quantity ordered. Hall Letter Shop, Inc will
bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity,
the percentage of tolerance must be stated at the time of quotation.
- CUSTOMER'S PROPERTY
Hall Letter Shop, Inc will only maintain fire and extended coverage on property belonging to the
customer while the property is in Hall Letter Shop, Inc’s possession. Hall Letter Shop, Inc’s liability
for this property will not exceed the amount recoverable from the insurance.
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. Hall
Letter Shop, Inc platform. Proposals are based on continuous and uninterrupted delivery of the
complete order. If the specifications state otherwise, Hall Letter Shop, Inc will charge accordingly at
current rates. Charges for delivery of materials and supplies from the customer to Hall Letter Shop,
Inc, or from the customer's supplier to Hall Letter Shop, Inc , are not included in quotations unless
specified. Title for finished work passes to the customer upon delivery to the carrier at shipping
point; or upon mailing of invoices for the finished work or its segments, whichever occurs first.
- PRODUCTION SCHEDULES
Production schedules will be established and followed by both the customer and Hall Letter Shop,
Inc . In the event that production schedules are not adhered to by the customer, delivery dates will
be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot,
civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other
causes beyond the control of Hall Letter Shop, Inc. In such cases, schedules will be extended by an
amount of time equal to delay incurred.
- CUSTOMER-FURNISHED MATERIALS
Materials furnished by customers or their suppliers are verified by delivery tickets. Hall Letter Shop,
Inc bears no responsibility for discrepancies between delivery tickets and actual counts. Customersupplied
paper must be delivered according to specifications furnished by Hall Letter Shop, Inc .
These specifications will include correct weight, thickness, pick resistance, and other technical
requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished
by the customer must be usable by the Hall Letter Shop, Inc. without alterations or repair. Items not
meeting this requirement will be repaired by the customer, or by Hall Letter Shop, Inc at Hall Letter
Shop, Inc current rates.
- OUTSIDE PURCHASES
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the
customer, are chargeable.
Disclaimer of Express Warranties: The customer understands that all sketches, copy, dummies,
and preparatory work shown to the customer are intended only to illustrate the general type and
quality of the work. They are not intended to represent the actual work performed.
The customer agrees to protect Hall Letter Shop, Inc from economic loss and any other harmful
consequences that could arise in connection with the work. This means that the customer will hold
Hall Letter Shop, Inc harmless and save, indemnify, and otherwise defend him/her against claims,
demands, actions, and proceedings on any and all grounds. This will apply regardless of
responsibility for negligence.
- Copyrights - The customer also warrants that the subject matter 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 in order to be protected by copyright law, absence of such
notice does not necessarily assure a right to reproduce. The customer further warrants that no
copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold Hall
Letter Shop, Inc harmless for all liability, damages, and attorney fees that may be incurred in
any legal action connected with copyright infringement involving the work produced or
- Personal or economic rights -
The customer also warrants that the work does not contain
anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or
other personal or economic rights. The customer will, at the customer's sole expense, promptly
and thoroughly defend Hall Letter Shop, Inc in all legal actions on these grounds as long as
Hall Letter Shop, Inc promptly notifies the customer of the legal action; gives the customer
reasonable time to undertake and conduct a defense. Hall Letter Shop, Inc reserves the right to
use his or her sole discretion in refusing to print anything he or she deems illegal, libelous,
scandalous, improper or infringing upon copyright law.
Hall Letter Shop, Inc will retain intermediate materials until the related end product has been
accepted by the customer. If requested by the customer, intermediate materials will be stored for an
additional period at additional charge. Hall Letter Shop, Inc is not liable for any loss or damage to
stored material beyond what is recoverable by Hall Letter Shop, Inc fire and extended insurance
All amounts due for taxes and assessments, will be added to the customer's invoice and are the
responsibility of the customer. No tax exemption will be granted unless the customer's "Exemption
Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the
customer has paid the invoice, it is determined that more tax is due, then the customer must
promptly remit the required taxes to the taxing authority, or immediately reimburse Hall Letter Shop,
Inc for any additional taxes paid.
The parties agree that all disputes arising under this agreement shall be governed by California law.
The parties further agree that the courts of the State of California shall be the sole and exclusive
jurisdiction and venue in which any dispute arising under this agreement shall be determined.
Mailing Trade Customs
Of The MAILING & FULFILLMENT SERVICE ASSOCIATION
as adopted by Hall Letter Shop, Inc.
MFSA has issued trade customs for the mailing industry for more than 70 years.
- QUOTATIONS: Subject to acceptance within 30 days. Quotations are
based on the cost of services, labor and materials on the date of the quote. If
changes occur in cost of materials, labor, or other costs prior to acceptance, or
if the customer requires changes in the mailing schedule subsequent to
acceptance, the right is reserved to change the price quoted. Subsequent
orders will be subject to price revision if required. Quotations do not include
applicable taxes, shipping costs or deliveries unless specifically stated.
Quotations are only valid when in writing.
- CANCELLATION: Orders may be canceled by the customer at any time
by notice in writing or via e-mail with the understanding that the mailer will be
compensated in full for any work or services performed prior to cancellation,
plus the cost of any goods or services purchased for the order. In addition,
because mailing requires advance scheduling of equipment and labor which
often cannot be replaced by other jobs, the mailer reserves the right to assess
a cancellation fee to reflect the opportunity cost associated with a job being
- ALTERATIONS/SPECIFICATIONS: Prices quoted herein are based
upon the mailer’s understanding of the client specifications submitted. If there
is a change in specifications or instructions to the original quotation and these
changes result in additional costs, the work performed will be billed at the
current or minimum rates, and the mailing date may be delayed.
- VERBAL ORDERS: Written or e-mail orders are strongly recommended.
Verbal orders are accepted with the provision that the final specifications will
be those faxed or mailed and understood by the mailer at the time the work
- POSTAGE: Quotations do not include postage. The mailer will notify the customer in writing or by email
of the required postage as soon as this amount is known and will notify the customer of the date
when the postage is needed in order to complete the mailing prior to the agreed upon mailing date.
While the mailer will make every effort to provide the customer with an accurate estimate of required
postage, the mailer is not responsible for additional postage charges if the rate of postage changes due
to the design of the mail piece. Payment of postage in advance is required on all orders and is the
responsibility of the customer. The mailer reserves the right to hold mailings for which sufficient postage
has not been paid or until postage payment has been verified. The customer will provide the postage
payment in adequate time for the mailer to complete the mailing prior to the previously agreed upon mail
- ACCEPTANCE OF ORDER: The mailer may refuse at any time to mail any copy, photographs or
illustrations of any kind that in the mailer's sole judgment is an invasion of privacy, is degrading, libelous,
unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste, or which in
the mailer's sole judgement is an infringement on a trademark, or trade name, or service mark, or
copyright belonging to others.
The customer will defend and hold the mailer harmless in any suit or court action brought against the
mailer by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities
or losses resulting from circumstances where the mailer, acting as the customer’s agent, uses copy,
photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their
reputations, images, or standing in the community or which in the mailer's sole judgment is an
infringement on a trademark, trade name, service mark, or copyright belonging to others, or in a suit or
court action brought against the mailer for actions of the customer's employees which may occur as a
result of any mailing.
- MAILING LISTS: Customer's mailing list(s) in the mailer's possession, for storage or otherwise, is
the exclusive property of the customer and shall be used only at the customer’s instructions. The mailer
shall provide reasonable and prudent protection against the loss of a customer's list, in much the same
manner that the customer would itself. This includes adequate backup procedures for all files and
programs. The mailer shall pay for the cost of replacing such lists in the event of systems failure, loss by
fire, vandalism, theft, or other such causes (excluding destruction of the list due to customer's
negligence or willful misconduct), provided that the customer has a duplicate list or has the source
material from which the list was compiled, and then only to the extent of the costs involved in replacing
the lost list. The mailer shall not be liable for compiling such lists nor for an intangible or special value
The mailer is not responsible for the accuracy or integrity of lists or other data supplied by the customer
or a list broker. Unless otherwise specified in writing in advance, all rented mailing lists are provided on
a one-time use basis.
- MATERIALS: The mailer assumes in all quotations that all material provided will permit efficient
handling on automated equipment and meets equipment manufacturer's published specifications.
Materials furnished that are within manufacturer's specifications, but which are not up to acceptable
operational standards due to poor folding, facing, trimming, packing, sticking together of material,
insufficient leeway between enclosures and envelopes, square envelope flaps or other causes, will be
subject to pricing at special rates. Customer will be notified when a deficiency is discovered and
approval will be obtained for handling at special rates before proceeding with work. A new delivery
schedule may result when deficient materials are used.
The mailer is not responsible for identifying errors in preprinted copy on customer-furnished materials
and assumes no liability for damages resulting from the mailing of materials which contain erroneous
information. When performing mailings for not-for-profit customers, the mailer is not responsible for
content in mailed materials which causes a customer to lose their Nonprofit Status.
All direct mail handling and processing involves spoilage. Spoilage of up to three (3) percent of
customer’s material is typical. Allowances for spoilage should be taken into consideration in ordering
material. Every effort will be made to handle customer's material with frugality and to prevent undue
spoilage. Nevertheless, the mailer cannot accept responsibility for shortages of material as a result of
normal spoilage in processing. All stock and materials belonging to a customer will be held and stored
only at the customer's risk, and the customer shall be responsible for insurance on their material.
Printer delivery tickets must accompany the material delivered and should show the number of skids or
cartons, the quantity per skid or carton and the total delivery quantity. Each incoming carton or skid must
bear an identity, item code, quantity and a sample clearly visible. Each skid should have only one
material version, unless clearly marked and separated. Multiple items should not be included within a
single carton, skid or container unless noted thereon and on accompanying paperwork. The mailer will
apply a surcharge for any rework necessary for materials received not meeting these specifications.
Mailers accept printers' count until processing and assume no responsibility for shortages discovered at
that time. Additional charges will apply if customer requires the mailer to verify printer’s counts prior to
processing. Customer is expected to provide mailer with sufficient inventory or adequate sources of
supply to meet anticipated demand. Cost for backorders, delay notices, canceled orders and increased
customer service resulting from out of stock conditions will be billed additional to customer.
Collect shipment will be accepted by the mailer only if clearance is obtained in advance, and a service
charge will be added to the actual freight charges. Mailer is not responsible for the condition of shipped
overs, unless customer has been billed for packing and/or shipping.
Customer retains title to and the insurable interest in its materials. Because of this, the mailer is held
harmless for acts not of its doing that create losses. It is the responsibility of the mailer to carry
insurance to protect against acts or negligence on the part of its employees in the normal course of
business. If specific additional insurance coverage is desired, such coverage must be specified by
agreement or by separate insurance rider and premium. In such instances, the liability for losses will be
limited to the agreed upon insurance amount.
- LABELS: Paper labels must be within equipment manufacturers' published specifications for
labeling equipment. For paper labels as well as those which are electronically generated, quoted prices
assume that label placement will be in the position most advantageous to production speed or additional
charges will be billed.
- INSERTING SEQUENCE: Effort will be made to insert material in the sequence and facing the
direction the customer requests, but quoted prices assume the most advantageous production speeds.
Specified sequence or facing may result in additional charges being billed.
- OVERAGES: The customer must advise the mailer, in advance of the job, the disposition of overs.
Overs may be returned to the customer, stored or destroyed. If items are stored or returned, applicable
storage and delivery charges will be added. Additionally, at the mailer’s option and without liability to the
mailer, material may be automatically destroyed after 60 days if customer has failed to respond to a
disposition request or failed to pay for storage starting 30 days after the mail date. Premium storage
rates may be applied to old materials or materials for which disposition has not been designated.
- DELIVERY SCHEDULES: Mailer will make every reasonable effort to meet scheduled delivery
and mailing date(s), but because of the many factors outside its control, accepts no liability for failure to
meet scheduled date(s). In addition, mailers have no control over U.S. Postal Service, United Parcel
Service or common carriers’ delivery schedules and cannot guarantee when mail or shipments
deposited with or released to these carriers will be delivered. The customer shall accept the date which
mail or shipments were deposited with or released to these carriers as the date of delivery.
All orders are accepted contingent to fire, accident, acts of God, mechanical breakdown or other causes
beyond the mailer’s control. Since the time element is an integral part of the mailing business, quoted
prices are based upon a specific set of time schedules for completion. Any requested deviation from the
schedules described or agreed upon by both parties at commencement of order may alter the quoted
price. Late material may affect the completion date of the order by a greater degree than the actual
elapsed time the material is late.
- ERRORS IN MAILING: Mailer shall be liable only to the extent of remailing a correction or
corrected job as soon as possible to rectify the mistake. Damages shall be limited to the value of the
work performed. In no case is the mailer liable for loss of business; incidental or consequential
damages; or costs in excess of billing for services related to the specific job.
- DELINQUENT INVOICES: If money is owed the mailer, the mailer may, at his option, withhold
future mailings and/or hold the customer's list, printing or other property against payment of delinquent
invoices. "Delinquent" is defined as "past the agreed or specified payment date." After suitable credit
has been established, unless otherwise specified in writing by the mailer, terms are net with interest as
allowed by law applied to delinquent invoices. Customers are responsible for any related collection
costs, legal fees and interest.
- BROKER/AD AGENCY/RESELLER: When contracting with an intermediary such as a broker,
ad agency or reseller for work on behalf of their clients, the mailer will hold the intermediary fully
responsible for timely payment of invoices and for related collection costs, legal fees and interest. This
will be done without regard to whether the intermediary has been paid by their client for services
- TAXES: All amounts due for taxes and assessments will be added to the customer’s invoice and
are the responsibility of the customer. No tax exemption will be granted unless official proof of the
customer’s exemption is on file with the mailer or such documentation accompanies the order. If, after
the customer has paid the invoice, it is determined that more tax is due, the customer must promptly
remit the required taxes to the taxing authority or immediately reimburse the mailer for any additional
taxes paid by the mailer.