Terms of Service

1. 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 these TOS.

2. 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, excluding holidays.

   (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 “Privacy Policy”. For more information, please see our full “Privacy Policy”, which can be accessed through a link on our home page at www.HallPrintMail.com.

3. 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.

4. 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 correctness.

   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 public.

5. INDEMNITY

   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.

6. 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.

7. 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.

8. 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.

9. 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.

10. LINKS

    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 website.

11. 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.

12. 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.

13. 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.

14. 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.

15. VIOLATIONS.

    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.

Privacy Policy

At HallPrintMail.com, we respect our customers and understand that you are concerned about privacy. The purpose of this privacy policy is to let you know 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 United States.

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.

Personal Information
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 include:

1. Your first and last name
2. A home or other physical address, including street name and name of a city or town.
3. Your e-mail address.
4. Your telephone number.
5. 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.

Non-Personal Information
We, or third-party service providers acting on our behalf, may use cookies or web beacons on our site. 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 a web page. We may use cookies and web beacons to collect non-personal information from you, 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) as necessary if we believe that there has been a violation of our site Terms of Use, of the law or of our 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: printctr@hallprintmail.com outlining the problem, or contact our customer service @ 661-327-3228, M-F 8:00am - 5:00pm.

Security
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, we recommend that you review the privacy policy posted on any site that you may access through our site.

Contact Us
Thank you for visiting our site. If you have any questions or comments about this policy, please send an email to printctr@hallprintmail.com. 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.

1. QUOTATION
   A quotation not accepted within 30 days may be changed.
2. ORDERS
   Acceptance of orders is subject to an approved account number or credit approval. Canceled orders require compensation for incurred costs and related obligations.
3. 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.
4. 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.
5. 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.
6. 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 exclusive property.
7. 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.
8. ALTERATIONS/CORRECTIONS
   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.
9. 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.
10. 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 rates.
11. 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 performance.
12. 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.
13. 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.
14. DELIVERY
    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.
15. 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.
16. 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.
17. OUTSIDE PURCHASES
    Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
18. LIABILITY
    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.
19. INDEMNIFICATION
    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.
    1. 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 provided.
    2. 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.
20. STORAGE
    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 coverage.
21. 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 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.
22. JURISDICTION
    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.

1. 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.
2. 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 canceled.
3. 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.
4. 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 was started.
5. 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 date.
6. 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.

7. 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 attached thereto.
   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.
8. 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.

9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 rendered.
16. 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.

MFSA has issued trade customs for the mailing industry for more than 70 years.