Thank you for visiting the NextPage website: goNextPage.com, nextpagestudio.com or mailprint.com. NextPage, NextPage Studio, gonextpage.com, and mailprint.com will be referred further in this document as “we”, “us”, or “our”. These Terms and Conditions are effective for all websites, partner portals, products, and services that fall under the goNextPage.com, and MailPrint.com domains.
The Terms and Conditions explained in this document include but are not limited to the following:
All content including but not limited to text, graphics, logos, icons, images, online tools and software in all websites, partner portals, products, and services that fall under MailPrint.com’s domain are the property of NextPage and are protected by the United States Copyright laws and other relevant Intellectual Property laws.
NextPage provides services including but not limited to PDF Creation, Template Creation, Address File Creation through our tools and through third party service providers, Address Validation, Proofing, Printing, Bindery, Online, Phone, and Email Support, Direct Mail Campaigns through the United States Postal Service (USPS), and Shipping through service providers United Parcel Service (UPS) and Federal Express (FedEx). These services are available through our website, partner portals or through direct sales and service representation and we authorize you to use all our services, provided you consent to our Terms and Conditions. If you breach any of our Terms and Conditions while using our services, your authorization to use our services will be immediately terminated and you must immediately destroy any of the content you have created, downloaded or obtained otherwise. Please note that we do not make any representation or guarantee as to the results you might obtain while using our services, including services offered by third parties. We are not responsible for the correctness of addresses provided by our third party address providers or delays in delivery by the United States Postal Service (USPS), United Parcel Service (UPS) or Federal Express (FedEx).
NextPage policies and procedures are created for the sole purpose of serving its customers. NextPage acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information – such as the customer’s name, address, telephone number, and credit card data – is provided to NextPage by its customers in order to establish service and deliver goods which the customer has ordered. Other information – such as the customer’s account status, choice of services, and customer logs – is created and maintained by NextPage in the normal course of providing service.
NextPage does not sell personal client information to any third party.
NextPage will not sell, rent, or loan our customer’s contact lists to any outside firms nor will NextPage use customer contact lists for its own marketing purposes.
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.
Processing of User, Billing, and Shipping Information
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NextPage or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Orders are billed according to arrangements determined by your enrollment and/or company mailing program. Your credit card will be billed for any charges that are your responsibility. NextPage makes every effort to ensure accurate pricing, but pricing differences may occur. By submitting an enrollment or order you agree to pay the price in effect for the applicable Service you are ordering. For pricing questions please contact us within 30 days of the applicable enrollment or order placement. Please review your order information carefully before placing your order. Once production has started orders may not be changed or cancelled.
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 cancelled orders will remain active in accordance with the credit or lending institutions policies. NextPage is not liable for such authorization periods.
At the time of order placement Sales Tax is estimated at 8% on the Print portion of your order. Once you click the Submit Order button, actual sales taxes required by your taxing jurisdiction will be calculated. You may view your order and actual totals via View Orders at any time.
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.
Condos and townhomes are considered to be MFDUs (multi-family dwelling units) by the USPS. Single-family dwelling units are defined as residential buildings housing one family or household, such as a house. The building does not share an inside wall with any other house or dwelling. It does not touch any other dwelling.
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.
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.
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 pallet 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.
Orders can only be cancelled 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 timeframe 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 cancelled 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 two types of 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.
Links to Other Sites
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.
Modifications to the Website, Products, or Services
We reserve 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.
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.
Disclaimers and Liabilities
Although we believe that our website, products, and services are reliable and fully available, we make no guarantees with respect to any content on the website, or our products or services. Consequently our website, content of the website, products, and services are provided “As Is” and we hereby disclaim all warranties and conditions with regard to our website, products, and services. Further we do not warrant, guarantee, 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. We expressly disclaim any warranties not stated herein. To the maximum extent permitted by applicable law, in no event shall we 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 we have been advised of the possibility of such damages. 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 we 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.
NextPage uses secure sockets layer (SSL – upto 128 bits) as soon as you log in using your user id and password. This means that all the data transmitted are encrypted from your Web browser to our Web server. The same SSL protocol also acts to authenticate the NextPage site and prevent unauthorized “hackers” from masquerading as the NextPage site. This is accomplished through a “digital certificate”, which is an unforgeable electronic “identity card”. If another Web Site attempts to falsely identify itself as NextPage, your Web browser will display a warning indicating that there is a problem with the digital certificate for MailPrint.com. Do not log in to the NextPage site if you see any such warning.
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.