Complete Mailing & Printing, LLC
Terms and Conditions
- ACCEPTANCE OF TERMS.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. ACCEPTING OUR QUOTATION OR PLACING AN ORDER SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS & CONDITIONS IN THEIR ENTIRETY UNLESS SPECIFICALLY NOTED IN WRITING BY COMPLETE MAILING & PRINTING, LLC. Complete Mailing & Printing, LLC is collectively referred to herein as “CMP”. “Customer” shall mean any purchaser of Complete Mailing and Printing, LLC. goods or services. CMP reserves the right to change, modify or amend these terms and conditions on this site without notice. For this reason, we encourage you to review these Terms & Conditions whenever you receive a quote.
- EMAIL NOTIFICATIONS By accepting an order through CMP, you agree to receive emails related to the status of your work order, account or purchase order, including job status changes, job shipment, or job related warnings such as delays or art issues. You cannot unsubscribe to these emails because they are necessary to facilitate communication between CMP and its customers. CMP is not responsible for email notifications that are redirected or not received in the inbox due to an incorrect email provided by the customer, or customer's email filter settings that do not allow acceptance of our emails, or any other technical difficulties beyond our control.
- QUOTATIONS Quotation means the price, specification and description of goods or services to be provided to Customer by CMP, in accordance with these terms and conditions. Quotations are valid for 60 days from the date provided to Customer. After that time, Quotations are subject to change, revision, or updates
CHANGES TO QUOTATIONS. Quotations are based on CMP’s understanding of the specifications provided by the Customer. CMP may provide an updated and revised Quotation prior to performing the services if the project does not conform to the information on which the original Quotation was based. Additionally, any Customer requested changes to the original specifications set forth under any Quotation may result in additional charges to Customer at CMP’s current time and material rates.
- POSTAGE Postage amounts given as part of the quotation are always estimates only. CMP will notify the Customer in writing (including e-mail) of the required postage as soon as this amount is known and will notify the Customer of the date when the postage must be received in order to complete the mailing prior to the agreed upon mailing date. While CMP will make every effort to provide the Customer with an accurate estimate of required postage, CMP is not responsible for additional postage charges if the rate of postage changes for reasons beyond CPM’s control. Payment of postage in advance is required on all orders and is the responsibility of the Customer. CMP reserves the right to hold mailings for which sufficient postage has not been paid or until postage payment has been verified.
- CREATIVE WORK Creative work performed at the Customer’s request will be charged to Customer at current rates for time and materials. Until fully paid for by Customer, this work is the sole property of CMP and may not be used by the Customer in any form or derivation without CMP’s written permission.
- MAIL LISTS - The Customer shall follow all laws applicable to the California Consumer Privacy Act. The Customer’s mailing list(s) in CMP’s possession, for storage or otherwise, is the exclusive property of the Customer and shall be used only at the Customer’s instructions. CMP shall provide reasonable and prudent protection, consistent with industry standards, against the loss of Customer’s list. This includes adequate backup procedures for all files and programs. CMP shall provide reasonable and prudent security to protect the Customer’s data from access by non-essential personnel while in possession of CMP. At the completion of services under any Quotation, CMP unless otherwise requested by the Customer in writing, shall destroy all Customer data and mail files, except for any that must be retained in accordance with CMP’s Data Retention Policy at completemail.com/data-retention-policy. You may purchase a mailing list from CMP’s affiliates for an additional cost. You may ask to see the purchased mailing list. Mailing lists purchased through CMP and it’s affiliates are non-refundable.
- MAILING SERVICES All mailing delivery dates are estimates, not guarantees. CMP’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). CMP’s responsibility ends when the job is delivered to the USPS. In no event shall CMP be liable for USPS performance failures or delivery delays. This guarantee does not cover fees for mailing service or postage or associated incidental or consequential damages or claims. CMP is not liable for shipping carrier errors, including loss or delay on direct-mail orders. Only postage is refundable upon request for any quantity from your mailing services job that did not mail due to invalid addresses in your mail list, or if the mail list consisted of fewer addresses than the quantity ordered. The minimum mailing quantity must be met before postage is refunded.
- ELECTRONIC FILES It is the Customer’s responsibility to maintain a copy of all original electronic files. CMP is not responsible for accidental damage to media supplied by the Customer or for the accuracy of furnished input or final output. Until digital input can be evaluated by CMP, no representations can be made about CMP’s ability to provide the services for work submitted in digital format. Any additional translating, editing, or programming needed to utilize Customer-supplied files will be charged at prevailing time and material rates.
- PROOFS Unless waived in writing, CMP will submit proofs along with original copy for the Customer’s review and approval. We strongly urge customers to carefully check the electronic proof of their artwork before approving the order. No job will be sent to press without your approval. CMP 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 by the Customer for changes or corrections are not communicated in writing.
PRESS PROOFS. An extra charge will be made for press proofs, unless the Customer is present when the form is made ready on the press, so that no press time is lost. Presses standing and awaiting the approval of the Customer will be charged at current time and materials rates for the time so consumed.
A color proof is used to simulate how the printed piece will look prior to production on the printing press (offset or digital). The proof may present a “reasonable” variation in color between the proof and the printed piece, and therefore a “reasonable” variation in color between color proofs and the completed job may be expected. When variations of this kind occur, it will be considered acceptable performance. In addition, when proofing color, a reasonable variation between color proofs or electronic renderings and the final product is to be expected. This is due to differences in viewing conditions, equipment, paper, inks, and toner between the color proofing process and print production. CMP will try their best to match the colors of the proof and the printed product but color variation differences are inherent inconsistencies of the printing process and we will not be held responsible for it. It is the customer's responsibility to determine if the job is color critical.The proof should be checked by you against the original file for possible errors in layout, copy, spacing, punctuation or image placement. You, the Customer, are fully responsible for all that is contained in the final approved proof, so please make sure you review it thoroughly.
- ARTWORK Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe on rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
ART RESOLUTION REQUIREMENTS.
All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. CMP is NOT RESPONSIBLE for images printed as fuzzy, distorted or pixilated due to low resolution artwork provided by the customer, especially if it is approved by the customer already. CMP is also not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
Full color jobs that contain large solid areas of black ink should have the black set up as CMYK black (100, 100, 100, 100). CMP will not be liable for printing a consistent, solid and rich black if artwork is not set up to this specification (rich black should not be used for text because it may cause registration problems).
BLEED AND MARGIN REQUIREMENTS.
Since cutting cannot be guaranteed to be exactly in the same place for a large quantity of print products, you must stretch the background (if there is one) 0.125 inch outside of the trim line on each side (this is called a “bleed”) and place all critical elements (text, images, graphic elements, logos, etc.) 0.125 inch inward on each side from the trim line. Anything left too close to the trim line within 0.125 inch inward or 0.125 inch outward may be cut. Please allow for a cutting tolerance of 0.250 inch. We recommend no borders due to shifting in the cutting process because they may appear uneven.
Customers must upload artwork so that the two sides (front and back) of the finished product back up correctly. For flat, folded and die-cut work, excluding bound products, all pages are backed up head to head (top of the proof on one side lines with top of proof on other side). The head of one side backs up to the head of the other page on two sided work. CMP recommends that you always print the proofs and back them up head to head to make a folding model to ensure that your artwork is set up properly, please do this BEFORE you submit the front-side and back-side artwork.
- CUSTOMER CONTENT
All information, data, text, photographs, graphics, messages or other materials are the sole responsibility of the person from which the content originated. By uploading your text and artwork you, the Customer, agree to be held entirely responsible for all the content that you send, upload, transmit, or post to CMP. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree not to use our Website 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 CMP or any third party. CMP does not control the content provided by customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will CMP be liable to you in any way for any content you may be exposed to that you may find offensive, indecent or objectionable. You acknowledge that CMP does not pre-screen content, but that we have the right (but not the obligation) in our sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that CMP 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 terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CMP, its users and the public.
- OVER-RUNS, UNDER-RUNS AND SPOILAGE
Over-runs or under-runs for print will not exceed 5 percent of the quantity ordered. CMP 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. 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 commercially reasonable effort will be made to handle Customer’s material with frugality and to prevent undue spoilage. Nevertheless, CMP cannot accept responsibility for shortages of material as a result of normal spoilage in processing.
- MATERIALS PICK-UP AND STORAGE
Any materials for mailing, printing, or fulfillment jobs will be kept for 30 days from the delivery of the pick-up notification, unless otherwise arranged as part of an ongoing project. If the order has not been picked up from CMP's facility within 30 days, it will be shipped directly to Customer, and Customer will be billed for applicable shipping charges, however, we cannot ship to P.O. Boxes or APO/FPO.
- INSURANCE AND RISK OF LOSS CMP will maintain fire and extended coverage on property belonging to the Customer while the property is in CMP’s possession. CMP’s liability for this property will not exceed the amount recoverable from the insurance. The Customer shall bear all risk of loss to finished work upon delivery of the work by CMP or its subcontractor, as applicable, to a common or contract carrier or to the U.S. Postal Service mail unit, F.O.B. CMP’s or its subcontractor’s shipping dock. Title to finished work shall pass at the same time the risk of loss for such work passes to Customer.
Unless otherwise specified, the price quoted is for a single shipment, without storage. Proposals are based on continuous and uninterrupted delivery of the complete order; otherwise CMP will charge accordingly at current storage rates. Charges for delivery of materials and supplies from the Customer to CMP are not included in Quotations unless specified.
- PRODUCTION SCHEDULES AND FORCE MAJEURE
Production schedules will be established and followed by both the Customer and CMP. 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, fire, explosion, flood, accident, interruption of or delay in transportation, labor trouble, governmental regulation, riot, civil disorder, action of government or civil authority, acts of God, or other causes beyond the control of CMP. In such cases, schedules will be extended by an amount of time equal to delay incurred.
- CUSTOMER-FURNISHED MATERIALS
Materials furnished by Customers or their suppliers are verified by delivery tickets. CMP bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by CMP. These specifications will include correct weight thickness, pick resistance, and other technical requirements. Artwork, special dies, files, or other materials furnished by the Customer must be usable by CMP without alteration or repair. Items not meeting this requirement will be repaired by the Customer, or by CMP at current time and material rates.
- OUTSIDE PURCHASES
Unless otherwise agreed in writing, all purchases from third party service providers requested or authorized by the Customer, are chargeable to Customer. The Customer is responsible for payment for any paper which CMP has been authorized by the Customer to purchase, including paper remaining on hand as the result of Customer changing suppliers, discontinuing publication, or changing paper requirements or quantities.
- ASSIGNMENT/OUTSIDE WORK
CMP may, in its sole discretion, assign the work to be provided under any Quotation or subcontract any or all of the work. The contract between CMP and the customer shall incorporate, and shall be subject to, the conditions of supply of such goods and services and the customer shall bear the full cost of such goods or services.
- PAYMENT AND ACCEPTANCE.
Both the postage and services deposit are required up front before work can begin:
A. Postage: Postage must be prepaid before we can release the mailing. If we are mailing it out under our permit, we will need one of the following:
1. A check made out to USPS for the postage amount, or
2. A bank transfer to us for the postage amount, or
3. A credit card payment to us, plus a processing fee equal to what we are charged by our processors.
B. Deposit for Work Order: A deposit of 50% is required up front in order to begin work on any printing and mailing services. The remaining 50% will be invoiced charged upon completion of the order.
Once a print job has been approved by the customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to our prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise agreed upon in advance. Payment is Net thirty (30) days from the date of invoice and payment for freight shall be cash due Net ten (10) days from invoice date. Claims for defects, damages or shortages must be made in writing by the Customer no later than ten (10) days after delivery. If no such claim is made, CMP and the Customer will understand that the job has been accepted, and Customer acknowledges that CMP’s performance has fully satisfied all terms, conditions, and specifications.
- CANCELLATION, DEVIATION, & PRINTING DOWNGRADE
In the event of cancellation of, or change by, Customer to any goods or services specified under any Quotation, the Customer shall give CMP as much notice as reasonably practicable. Customer shall be liable for all costs incurred by CMP resulting from any such cancellation or deviation that are not otherwise avoidable by CMP through reasonable commercial efforts, including, without limitation, down press and bindery time, materials ordered or inventoried, quotations on Customer’s behalf and not otherwise usable by CMP in the ordinary course of its business within a reasonable period of time. Once an order has been sent to the press and/or work has been started, the job CANNOT be changed (job cancellation and printing downgrade not allowed) and there will be NO REFUNDS.
- REFUND POLICY
All sales are final. Since we customize each order according to your file and exact specifications, no refunds will be given once CMP starts working on your order. Usually, work will begin on your job as soon as we have received your files and payment. In the event that we have not started working on a specific order or it has not been sent to the press yet, we may allow a partial refund subject to the cancellation processing fee referenced in the paragraph above. However, any labor hours (proofs, graphic design, etc.) or administrative fees (credit card fees, etc.) will be subtracted from your refund. We will not accept any refund requests after 7 days from the date you placed the order.
No refund on shipping charges will be allowed on any job once it has shipped. CMP ships jobs via FedEx. Our responsibility is limited to preparing your printing order and delivering it to FedEx for delivery. Once a package is shipped, CMP is not responsible and will not be liable for late or damaged packages during the shipping process. Please keep in mind that shipping transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up by FedEx. Arrival dates are only estimates because they can be subject to unforeseen delays in transit.
CMP is not responsible for any delays in shipping and we will not upgrade the shipping method to accommodate a missed estimated ship date. Customers may feel free to upgrade the shipping method before we ship at their own expense. If a package is not delivered due to an error made by the customer in submitting the proper shipping address, CMP will reship the package with corrected address and charge an additional non-refundable shipping/handling fee for the shipment.
An event of default (“Event of Default”) shall occur upon the occurrence of all or any one of the following events: (a) the Customer does not pay when due any invoice; (b) the Customer ceases doing business as a going concern; (c) the Customer makes an assignment for the benefit of its creditors or admits in writing to its inability to pay its debts as they become due; (d) the Customer files, or has filed against it, a petition in bankruptcy or for its reorganization, arrangement, composition or readjustment under any state insolvency law or the Customer liquidates all or a substantial part of its assets not in the ordinary course of its business, dissolves or takes other similar action; or (e) the Customer shall default in the performance of any of its obligations to CMP or any assignee, or any other agreement between the Customer and CMP and such default is not cured within 30 days of CMP providing notice of same.
In the event of Default by Customer, CMP may, at its option and without notice or demand, exercise all or any one of more of the following remedies: (a) declare immediately due and payable all invoices and all other sums due, or to become due hereunder or under any other agreement between the Customer and CMP; (b) terminate all of its obligations arising under any Quotation, and any other agreement between Customer and CMP; (c) offset any amounts due CMP under any Quotation against any amounts CMP or any of its affiliates owes the Customer (or the Customer’s affiliates) under any other agreement; or (d) exercise all other legal and equitable remedies which CMP may have. The foregoing remedies shall be deemed cumulative and may be exercised successively or concurrently as permitted by law.
- TURNAROUND TIME
Turnaround time on printing and/or mailing orders begins once full payment has been received for your order, AND your print-ready files have been sent to us and approved for printing. For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready (and causes a delay), printing turnaround begins when we have your print-ready file(s), not from when the order was first submitted.
All turnaround times are based on business days and office hours: Monday through Friday 9am - 5pm Pacific Standard Time (PST), excluding all national and federal holidays.
All jobs with standard turnaround times submitted and approved before 9am PST on any given working business day will begin production (day 1 of turnaround time) that day. If the order is submitted and approved after 9am PST on any business day, the job will begin production (day 1 of turnaround time) the following business day. If the job is submitted and approved on a weekend, the job will begin production on the next business day.
The estimated production turnaround on this site is based on the typical number of hours or days that a print job requires to complete under normal circumstances, excluding Saturdays, Sundays and holidays. CMP is closed Saturdays, Sundays and holidays, so these days are not considered when calculating printing turnaround time.
In addition, while Production Turnaround includes printing, cutting, and binding, it does not include mailing or shipping transit times. If you are having the order shipped, you should allow additional business days for delivery based on the shipping method you select.
Annual CMP non-production dates: New Years day on January 1, Memorial Day on the last Monday in May, Independence Day on July 4, Labor Day on the first Monday in September, Thanksgiving on the fourth Thursday & Friday in November, Christmas on December 25.
We will not refund a job based on turnaround time. If you have a time-sensitive job, please be sure to notify customer service. Cancellation of a job based on turnaround time is permitted ONLY if the Office Manager agrees to these terms in writing as a condition when the customer places the order.
For rush orders, orders and files must be submitted by 9:00 A.M PST (12 noon EST) for that day to count as the first day in the Turnaround Time. If you submit after 9:00 A.M. PST, the first day of the Turnaround Time will be the next business day.
LOW QUALITY ARTWORK.
If we deem that submitted artwork is low-quality (i.e. low resolution) which will cause low quality prints, we may put your job ON HOLD until you re-submit and re-approve new artwork. This time is NOT INCLUDED in the turnaround time. Furthermore, the customer is 100% responsible if the artwork they submit is low quality, and in turn, the products produced are low-quality.
- LIABILITY AND WARRANTY Customers must notify CMP within 10 business days of the date of delivery or date of pick-up of any defects discovered in the printed product. 100% of the product must be returned to CMP at the customer's expense within 10 days from the date of delivery or date or pick-up. If we accept the claim as valid, CMP will reprint the order and ship it back at no cost to the customer. Charges to rush print are non-refundable. CMP assumes no liability beyond the price of your order.
Errors that we are not responsible for include, but are not limited to: Any spelling, graphics, grammar, punctuation, bleed, orientation/alignment, folding mistakes that are approved by the customer. We are not responsible for damaged fonts, wrong cuts, die lines, crop marks, transparency, overprint, cracks on folds, or finished product size because these inconsistencies are inherent to the printing process.
Each order placed through CMP is a contract between the customer making the order and CMP. The fact that you have made an order on behalf of a third party does not absolve you of liability to CMP. Any decision by a third party not to accept printed items or to cancel the order with you does not affect your liability to CMP.
LIMITATION OF LIABILITY. In no event shall CMP, its vendors, employees, or affiliates be liable for any injury, death, loss, claim, accident, delay, or any other direct, indirect, consequential, or incidental damages resulting from loss of use, data or profits, arising out of or related to this Website, or the information contained within it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. In no event shall CMP. be liable for any damages or consequences arising from or related to your inappropriate or unauthorized use of the Site or its content.
- INDEMNIFICATION You agree to defend, indemnify and hold harmless CMP, their employees and affiliates against any and all claims, damages, legal fees, costs and expenses arising from or related to your use of the Site or related to customer-submitted content. You also certify that you own rights to or have a license for the content or image(s) being used in your order.
The Customer agrees to protect CMP from third party claims that could arise in connection with CMP’s provision of the work. This means that the Customer will hold CMP harmless and defend and indemnify CMP against claims, demands, actions, and proceedings, from all such third party claims, but excluding liability arising out of the gross negligence or willful misconduct of CMP. i. 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 inorder to be protected by copyright law, absence of such notice does not necessarily ensure a right to reproduce. The Customer further warrants that no copyright notice has been removed from any material used in preparing the work for reproduction. ii. To support these warranties, the Customer agrees to indemnify, defend and hold harmless CMP 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. iii. Personal and Privacy 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 rights. The Customer will, at the Customer’s sole expense, indemnify defend and hold harmless CMP in all legal actions on these grounds for all liability, damages, and attorney fees that may be incurred in any legal action involving a third party claims that work is libelous or scandalous or threatens a third party’s right to privacy. iv. In all instances of indemnification hereunder,CMP shall. • promptly notify the Customer of the claim or legal action; and • give the Customer reasonable time to undertake and conduct a defense. CMP reserves the right in its sole discretion to refuse to print anything that it deems illegal, libelous, scandalous, improper or infringing upon copyright law.
CMP will retain intermediate materials until the services have been accepted by the Customer. If requested by the Customer, materials will be stored for an additional period for an additional charge, however CMP is not liable for any loss or damage to stored material beyond what is recoverable by CMP’s fire and extended insurance coverage.
All amounts due for taxes and assessments will be added to the 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 executed Quotation or has been previously filed with CMP
- FORCE MAJEURE
Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregoing causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to CMP. for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against CMP arising from any circumstance described herein.
- ATTORNEY’S FEES
If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.
- RIGHT TO REFUSE SERVICE
CMP reserves the right to cancel or otherwise refuse print jobs it deems are obscene or offensive, including but not limited to pornographic materials. CMP reserves the right to charge the customer for services rendered up to the point that the job was cancelled.
- CHOICE OF LAW
This agreement is made pursuant to and shall be governed by the law of the State of California, and Customer consents to jurisdiction of the courts thereof.