1. Terms
By accessing the websites at https://gonextpage.com/, http://nextpagestudio.com or http://www.mailprint.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on NextPage, Inc.’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on NextPage, Inc.’s website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by NextPage, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on NextPage, Inc.’s website are provided on an ‘as is’ basis. NextPage, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, non-infringement of intellectual property or other violation of rights.
Further, NextPage, Inc. does not warrant or make any representations regarding the use of or the results of the use of our website, products, or services in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website, products, or services, will be uninterrupted, or error free. NextPage, Inc. expressly disclaims any warranties not stated herein.
4. Limitations
To the maximum extent permitted by applicable law, in no event shall NextPage, Inc. be held liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use our website, products, or services) even if NextPage, Inc. or a NextPage, Inc. authorized representative has been notified orally or in writing of the possibility of such damage.
You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall NextPage, Inc. be liable to you for any matter arising under or relating to your use of our website, products, or services that exceed the total amount you paid us with respect to the particular Order or Service giving rise to the claim.
In no event shall NextPage, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on NextPage, Inc.’s website, even if NextPage, Inc. or a NextPage, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on NextPage, Inc.’s website could include technical, typographical, or photographic errors. NextPage, Inc. does not warrant that any of the materials on its website are accurate, complete or current. NextPage, Inc. may make changes to the materials contained on its website at any time without notice. However NextPage, Inc. does not make any commitment to update the materials.
6. Links
NextPage, Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by NextPage, Inc. of the site. Use of any such linked website is at the user’s own risk. From time to time you may notice offers from other companies we are affiliated with, advertised on our website. We take precautions to select product or service providers who are responsible and able to provide privacy protection to you, in case you access their products or services. However, we cannot take any responsibility or make any representations about the practices and policies of the affiliate companies. When clicking on such a link, you agree that you are no longer protected by our Privacy Policy.
7. Modifications
NextPage, Inc. reserves the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Missouri and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
9. Anti-Spam Compliance Policy
In compliance with the United States of America’s CAN-SPAM Act of 2003, an unsubscribe option is independently added to each email sent. Unsubscribes can be requested either via a link in each email, or by replying to the email with “unsubscribe” in the subject line. This option cannot be removed. Anyone who unsubscribes will be automatically flagged in the database and their email address will be suppressed from all future mailings. Our system maintains an unsubscribe list independent of the user and cannot be overwritten by list merging. To further protect recipients from email abuse, contacts receiving email from our system will only see their own names in the ‘To’ field. No other recipients’ email addresses are visible.
Through our email provider we honor ISP policies (restrictions on number of connections, size of pipe, speed of sending servers, open relay off, reverse DNS enabled, RFC compliance). Authentication standards, such as sender policy framework (SPF), are used for outgoing campaigns. The email provider distinguishes between soft and hard bounces. Hard bounces are immediately flagged and suppressed from future mailings.
Specific thresholds are set for the number of emails that may be sent. We monitor email transactions and will notify the user if an order exceeds that threshold.
When a complaint by a recipient is received by the email provider, the following process is followed:
Every complaint that is received is reviewed by the postmaster.
If the email address of the complainant is known, it will be immediately unsubscribed from the relevant customer list. This is not negotiable.
If the email address of the complainant is known, they will be notified that their email address has been removed. If the complaint came via an ISP, they too will be notified of the action taken.
The postmaster will lock the list, review its source with the customer and may either discuss ways to ensure that no further complaints are received, or terminate the account entirely.
The license agreement provides the right to share the offending user’s name and the fact that there have been complaints with any third party, including other providers of email marketing services.
Finally, we reserve the right to cancel a user’s access to our email product without prior notification.
Specific thresholds are set for the number of emails that may be sent. We monitor email transactions and will notify the user if an order exceeds that threshold.
10. Processing of User, Billing, and Shipping Information
As a part of signing up on our website or partner portals, you are required to provide a unique, valid and currently used email address and a password. This information will be used as specified in the Privacy Policy. You are solely responsible for the accuracy of the information you provide and also for keeping your password secure.
To place Orders and to use certain services, you are required to provide your billing information. Your billing information will be kept strictly confidential as explained in our Privacy Policy. You are solely responsible with providing us with valid and current billing information. We reserve the right not to produce your order or offer our services if you provide invalid billing information. You are entirely responsible for all activities that occur under your NextPage Account and you must agree to notify us immediately of any unauthorized usage of your Account or any other breach of security. We will not be held liable for any loss incurred as a result of someone else using your password or account, without your knowledge. You could be held liable for any losses incurred by us or any relevant third party as a result of someone else using your account. You may not use anyone else’s account at any time, without the express permission of the Account Holder. We make every effort to ensure accurate pricing, however due to unforeseen circumstances, pricing differences may occur. By submitting an Order or using our services, you are agreeing to pay the price relevant to the Order of the Service. Please review your Order carefully before you submit it and if you have any pricing questions, please contact us immediately.
For purposes of mailing, emailing or shipping your Orders through the USPS, our Third Party Email Provider or UPS, you are required to provide Address Files and Shipping Address. This may be passed on to the relevant third party essential for the service rendered and will be used strictly under the conditions explained in the Privacy Policy. USPS mailing standards require you to update address lists with any corrected addresses returned with a forwarding address.
11. Mail List Usage and Selection
NextPage utilizes a variety of services to provide mail lists to its customers on a courtesy basis where available. Lists are formed when the client provides NextPage a central address, or certain geographic and demographic information from which other addresses are generated. NextPage does not guarantee nor warrant information provided from list generation. Lists are provided for single use only unless specific arrangements are made with NextPage.
12. Order Dispute and Resolution Policy
We will complete your order in accordance with industry-wide trade standards for color and registration and according to the parameters defined in your order request and as outlined on our website. Customers are advised to confirm their orders by reviewing all order details and related Print and (or) Address Files during the “Review and Submit” stage of the ordering process and by reviewing the Order Confirmation Email sent to the email address indicated in the “Contact” field on the order. Any changes requested after production has started must be communicated to NextPage by personal telephone contact (1-800-660-0108) during our normal business hours, 08:00 AM – 05:00 PM, Monday – Friday, Central Time, as soon as possible (except holidays). We will not accept email or voice mail communication requests regarding any order that is in production. Any changes to an order can result in delays in the fulfillment of your order. Orders that have started the production process cannot be changed or canceled and will be billed as ordered.
13. Order Delivery
NextPage uses third-party service providers to deliver your order and is not liable for delivery problems caused by these providers. These providers include, but are not limited to The United States Postal Service (USPS),United Parcel Service (UPS) and various third party email providers. UPS will deliver your order to the address identified as “Ship My Order To” on your order. The customer is responsible for checking all UPS shipments for damages upon delivery. Damaged shipments should be reported to the driver at the time of delivery and refused. Please call our Customer Support at 1-800-660-0108 to report any such damages. NextPage is not responsible for any damage to orders caused by delivery providers that are not reported to the delivery provider at the time of delivery. First Class or Standard (Bulk) Mailing orders are deposited into the USPS mail stream at the Business Mail Entry Unit of the Main Post Office in Kansas City, MO, after which they become the responsibility of the USPS. These mailings are addressed with the addresses provided in your address file(s). Address files must meet our addressing and address file specifications as defined on our website. USPS delivery standards on First Class mail are three (3) to five (5) business days and five (5) to twenty-one (21) business days for Standard (Bulk) Mail. Customers are encouraged to include their personal address in any requested mailing. This card is mailed to the recipient in the same manner as requested on the order. When you place your Order, you agree that delivery to USPS fulfills our Order Obligations and you must waive any right to dispute any related Order credit card charges because of failed delivery by the USPS.
14. Color Matching, Proofing, and File Alterations
NextPage does not perform “color matching”. Our commercial printing operation utilize the process colors CMYK (cyan, magenta yellow and black) to compose all colors. Be certain to design your product using CMYK. Product components submitted utilizing the color palette RGB (red, green, blue) can result in unsatisfactory shifts in colors. Since monitor calibration varies widely, we run to uniform ink levels and a “pleasing color” standard. Pleasing color is defined as satisfactory even though it may not precisely match the original sample. NextPage will not be held liable for orders consisting of components that are submitted not in accordance with our file or design specifications for color, layout, bleed, margins, font embedding, file flattening, etc. We can provide a proof of your custom artwork in a timely manner, at a reasonable cost and we encourage our customers to order proofs of all products they are not familiar with as this will ensure that your expectations are fully met. NextPage will not be responsible for any layout or unexpected print quality issues on a project that has not been proofed by the customer and we will not be responsible for any content issues if the only “proofing” was viewing the online image. We will not be responsible for incorrect layouts or color issues introduced from third party graphic designers. Should your file require adjustments, your order will be placed on hold and the person listed as the “Contact” on the order will be contacted through the indicated email address for desired resolution. All problem resolution requests will be initiated by NextPage through email to the Contact Person indicated on the order. Return correspondence is to be made by the Contact Person through direct telephone correspondence to our main telephone number, 1-800-660-0108.
If you approve an online proof you are responsible for the content of that proof. No refunds will be given if you have failed to properly review your order.
15. Order Cancellation
Orders can only be canceled through your online account or by direct telephone call to our Customer Service Department during our normal business hours (Monday – Friday 08:00 – 05:00, excluding holidays). We do not accept email requests to cancel an order. Orders may be canceled up until the order has been batched or begun printing. This time frame is generally within two business hours of placing your order. Orders that started the production process will be billed as completed. Credit or debit cards used as payment on orders are pre-authorized for the original order amount plus 20% upon receipt of your order. Credit and or debit cards are not charged until the full order (all related components) has been completed. Payment authorizations instituted on canceled orders will remain active in accordance with the credit or lending institutions policies. NextPage is not liable for such authorization periods.
Should you feel your order was not completed as requested, yet have submitted your order according to our file and design specifications, we offer the following resolutions:
REPLACEMENT OF DEFECTIVE MERCHANDISE
If you find an error introduced by us, we will reprint it from your original file. This does not cover customer initiated errors such as but not limited to incorrect art, typographical errors, poor proofing, low resolution photography or order parameters not defined on the order, so be sure to check your proof and order parameters carefully.
16. Site Administration
We administer our website, products, and services from our Office at 8300 NE Underground Drive, Pillar 122, Kansas City, Missouri, 64161. We make no representation that our website, products, or services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials found on our website, products, services or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access our website, products, or services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
17. Refusal of Service
We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy, Anti-Spam Compliance Policy and Terms and Conditions. We reserve the right to refuse service to, or terminate the Order of any user, for any reason, at our sole discretion. We also reserve the right at our sole discretion to require proof that you are authorized to distribute the content developed using our website, products, or services. Reasons we may refuse or terminate orders include, but are not limited to:
If we believe that the conduct of any user violates any applicable law;
If we find materials supplied for printing are offensive or inappropriate, including but not limited to:
Advertisements for items or services not legal for sale in the United States,
Infringement of copyright of other websites, photos, images, products, or services,
Plagiarism of copyrighted material including but not limited to slogans, logos, website content
Pornography,
Obscene or patently offensive text or images,
Racist, ethnic, or hate material,
Materials advocating sedition, treason, or the overthrow of the US Government.
Violation of the Anti-Spam Policy
If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user’s order and account immediately.
18. General Provisions
These Terms and Conditions comprise the entire agreement between you and us and supersede all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with our website, products, or services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, our website, products, or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of laws, all matters arising hereunder shall be exclusively held in Jackson Country, Missouri, and you agree to the exclusive jurisdiction of the state and federal courts located in Jackson County, Missouri. All provisions in our Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of our Terms and Conditions or your use of our website, products, or services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term “include” and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation.
