NextPage Website Terms and Conditions of Use
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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.
- 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.
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.
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
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
- 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
- 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.
Your privacy is important to us. It is NextPage, Inc.’s policy to respect your privacy regarding any information we may collect from you across our website, https://gonextpage.com/, https://nextpagestudio.com, http://www.mailprint.com, and other sites we own and operate.
Information we collect
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you’re using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information, such as your:
- Social media profiles
- Date of birth
- Phone/mobile number
- Home/Mailing address
- Work address
- Payment information
Legal bases for processing
We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.
These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
- it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
- it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
- you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
- we need to process your data to comply with a legal obligation.
When you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).
We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
Collection and use of information
We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:
- to enable you to customize or personalize your experience of our website;
- to enable you to access and use our website, associated applications and associated social media platforms;
- to contact and communicate with you;
- for internal record keeping and administrative purposes;
- for analytics, market research and business development, including to operate and improve our website, associated applications and associated social media platforms;
- to run competitions and/or offer additional benefits to you;
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
- to comply with our legal obligations and resolve any disputes that we may have; and
- to consider your employment application.
Disclosure of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you; and
- third parties to collect and process data.
International transfers of personal information
The personal information we collect is stored and processed in the United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.
Your rights and controlling your personal information
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.
Limits of our policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to this policy
NextPage, Inc. Data Controller
NextPage, Inc. Data Protection Officer
This policy is effective as of 1 January 2019.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalize your content (eg. advertising, language).
Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customized, enhanced or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.
Third-party cookies on our site
Our third-party privacy promise
We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.
How you can control or opt out of cookies
If you browse websites from multiple devices, you may need to update your settings on each individual device.
Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.
The site Cookies & You offers instructions on how to disable cookies based on system & browser. Cookies & You