Terms and Conditions

Sell By Direct Mail Company Terms and Conditions of Service

1. Quotations: Prices obtained from Sell By Direct Mail are subject to change without notice. Written price quotes will be honored for 15 days after the date of the quotation. Sell By Direct Mail reserves the right to end any special offers, incentives, or pricing at any time.

2. Payment Terms: Sell By Direct Mail requires payment in full at the time the order is placed. A $35.00 fee will be charged on all returned checks in addition to the original amount due. There is a 0.0 % processing fee applied to all postage payments.

3. Pricing Errors: In the event a product is listed or quoted at an incorrect price for any reason, including typographical error, Sell By Direct Mail shall have the right to refuse or cancel the order.

4. Refunds: Sell By Direct Mail does not offer refunds only credit towards future services. Refer to the Cancellation, Returns, Warranty, and Mailing Lists sections of this document for details regarding circumstances in which credit would be issued. Credits may not be used for payment of postage.

5. Order Cancellation: Orders may be canceled by the customer at any time by notice in writing or via e-mail. It is the client’s responsibility to confirm Sell By Direct Mail has received the project cancellation notification. For orders cancelled prior to approving the proof, the client will receive company credit for use on a future project. The credit amount will be based on the project amount minus any product / service already delivered and at Sell By Direct Mail sole discretion may include a $50 or 15% order cancellation fee. No refunds or company credits will be issued for projects that are cancelled after the proof has been approved and thereby giving authorization to proceed with printing. For expedited projects (projects that contain expedite fees or services)- no refunds or credits will be given if the project is cancelled by the client.

6. Warranty: My Sell By Direct Mail at its sole option will repair or reprint any order that contains abnormal imperfections, or where we have failed in your written instructions. Sell By Direct Mail at its sole option may elect to provide a prorated credit in lieu of a reprint if the shortage, defective or damaged portion of an order does not exceed 15% of the ordered amount. Claims for defects, damage or shortages must be made in writing and must be received by Sell By Direct Mail within 7 days of receipt or within 14 days of the mail date whichever is sooner.

7. Customer Changes: Customer changes represent additional work to be performed and will be billed current rates. Customer changes will delay the completion of the order.

8. Proofs: The client is 100% responsible for proofreading the design prior to approving the proof and thereby giving authorization to proceed with printing. This includes designs and/or artwork submitted by the client and designs and/or artwork created or modified by Sell By Direct Mail and presented to the client for review and approval. The client is also 100% responsible for ensuring the design meets postal regulations and any additional postage required as a result of the mail piece design.

9. Production Schedule and Turnaround Time: Deliver schedules, turnaround times and other similar terms used by Sell By Direct Mail merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays, or equipment breakdowns and is not contractual. It is the client’s responsibility to plan time sensitive mailings far enough in advance to accommodate any delays that may occur. Sell By Direct Mail will not give refunds and/or credit as a result of unforeseen delays that affect the project schedule.

10. Postage: Quotations which include postage is only an ESIMATE. These are postage estimates to be used for budgetary purposes. Sell By Direct Mail will notify the customer in writing or by e-mail of the required postage as soon as this amount is known and will notify the customer of the date when the postage is needed in order to complete the mailing prior to the agreed upon mailing date. Payment of postage is required 3 business days in advance on all orders and is the responsibility of the customer to remit payment on time and confirm that Sell By Direct Mail has received it. Sell By Direct Mail at its sole discretion reserves the right to hold mailings for which sufficient postage has not been paid or until by Sell By Direct Mail sole determination postage payment has cleared.

11. Acceptance of Order: Sell By Direct Mail may refuse at any time to mail any copy, photographs or illustrations of any kind that in Sell By Direct Mail sole judgment is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, pornographic, tends to ridicule or embarrass, or is in bad taste, or which in the mailer’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others.

The customer will defend and hold Sell By Direct Mail harmless in any suit or court action brought against the mailer by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Sell By Direct Mail, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Sell By Direct Mail sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against Sell By Direct Mail for actions of the customer’s employees which may occur as a result of any mailing.

12. Mailing Lists: The industry average for returns on non- deliverable mail (even after list processing (CASS, PAVE, & NCOA) is between 10% and 15%. If the list you use for your mailing was purchased through Sell By Direct Mail we will assume responsibility only for amounts above 10% on consumer lists and 15% on business lists and only if the list has been used within 60 days of purchase. Sell By Direct Mail will give a credit of $.40 towards future services for any amount returned over 10% on consumer lists and over 15% on business lists. To obtain such credit the client must return all of the returned mail pieces to Sell By Direct Mail prior to the issuance of any credit. Unless otherwise specified in writing in advance, all rented mailing lists are provided on a one-time use basis.

13. Color Matching: Because of the differences in equipment, paper, inks, and other conditions between color proofing and pressroom 2 operations, a reasonable variance between color proofs and the completed job is expected, unavoidable, and shall constitute acceptable delivery. Postcards and similar products are produced on digital printing presses and limitations of this format may result in larger proof to piece and piece to piece variations than normal. Sell By Direct Mail will make every effort to produce a reasonable representation based on materials supplied by the client and the proof produced by Sell By Direct Mail, however, Sell By Direct Mail does not guarantee color matching.

14. Postal Delivery and Handling: Sell By Direct Mail has no control over the U.S. Postal Service. When we deliver a client’s mailing to the post office it is inspected for proper preparation and if approved accepted into the mail stream. This action shall constitute proof that Sell By Direct Mail completed its obligation and that Sell By Direct Mail has no further obligation or liability for the mailing. Client understands that there is always a possibility that the U.S. Postal Service will delay, damage, or lose mail. Under no circumstance will Sell By Direct Mail be held responsible for delays in delivery, damage to the mail pieces, or loss of mail after it has been accepted by the Post Office.

15. Shipping: Sell By Direct Mail has no control over the U.S. Postal Service, United Parcel Service or any other common carrier’s delivery schedule and cannot guarantee when mail or shipments deposited with or released to these carriers will be delivered.

16. Ownership of Materials / Designs: All materials and electronic files that Sell By Direct Mail creates in producing the client’s mail piece are the property of Sell By Direct Mail. As Sell By Direct Mail provides design services at substantially below market rates when ordered with printing and/or mailing services, Sell By Direct Mail at its sole option may elect to sell the design files at a rate of up to three times the original design fees. Due to our licensing agreement with our image supplier we may not transmit editable or high resolution design files that contain images provided from them under any condition. Unless prior agreement in writing, Sell By Direct Mail reserves the right to distribute samples of the client’s mail piece and include the client’s mail piece and or images of the mail piece in portion or its entirety in Sell By Direct Mail marketing efforts.

17. Client Provided Materials: Sell By Direct Mail assumes in all quotations that all material provided by the client will permit efficient handling on automated equipment and meets equipment manufacturer’s published specifications. Materials furnished that are within manufacturer’s specifications, but which are not up to acceptable operational standards due to poor folding, facing, trimming, packing, sticking together of material, insufficient leeway between enclosures and envelopes, square envelope flaps or other causes, will be subject to pricing at special rates. Customer will be notified when a deficiency is discovered and approval will be obtained for handling at special rates before proceeding with work. A new delivery schedule may result when deficient materials are used.

Sell By Direct Mail is not responsible for identifying errors in preprinted copy on customer-furnished materials and assumes no liability for damages resulting from the mailing of materials which contain erroneous information. When performing mailings for not-for-profit customers, Sell By Direct Mail is not responsible for content in mailed materials which causes a customer to lose their Nonprofit Status.

All direct mail handling and processing involves spoilage. Spoilage of up to five (5) percent of customer’s material is typical. On smaller jobs, less than 1,000 pieces, up to 10% spoilage is typical. Allowances for spoilage should be taken into consideration in ordering material. Every effort will be made to handle customer’s material with frugality and to prevent undue spoilage. Nevertheless, Sell By Direct Mail cannot accept responsibility for shortages of material as a result of normal spoilage in processing. If a shortage of material occurs, Sell By Direct Mail will contact the client and the client may opt to mail the reduced quantity or provide additional materials. Either option may result in additional charges and delays to the scheduled mail date. If the shortage of material represents 10% or less of the mailing quantity, Sell By Direct Mail at its sole discretion may elect mail the job short. In such a case Sell By Direct Mail will refund any excess postage minus additional costs incurred to prepare the reduced quantity mailing.

The customer must advise Sell By Direct Mail of the disposition of “overs” (extra material). “Overs” may be returned to the customer, stored or destroyed. If items are stored or returned, applicable storage and delivery charges will be added. Additionally, at Sell By Direct Mail option and without liability to My Sell By Direct Mail, material may be automatically destroyed after 30 days if customer has failed to respond to a disposition request or failed to pay for storage within 30 days or receipt of invoice for storage fees. Premium storage rates may be applied to old materials or materials for which disposition has not been designated. Customer retains title to and the insurable interest in its materials. Because of this, Sell By Direct Mail is held harmless for acts not of its own doing that create losses.

18. Inserting Sequence: Effort will be made to insert material in the sequence and facing the direction the customer requests, but quoted prices assume the most advantageous production speeds. Specified sequence or facing may result in additional charges being billed.

19. Errors in Mailing: Sell By Direct Mail shall be liable only to the extent of re-mailing a correction or corrected job as soon as possible to rectify the mistake. Damages shall be limited to the value of the work performed excluding the cost of postage. In no case is Sell By Direct Mail liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.

20. Storage of Materials: Sell By Direct Mail will store materials that we print at no charge as long as the client sends out a mailing at least every 90 days. If 90 days pass and the client has not sent out a mailing, picked-up the material, paid to have the material shipped to them, or authorized Sell By Direct Mail to dispose of the material- they will be sent a storage invoice in the amount of $5/1000 pieces stored per month. If the client does not pay the storage invoice within 15 days of receipt the materials will be disposed of. If the client does pick-up the material, pay to have the material shipped to them, or authorize Sell By Direct Mail to dispose of the material, any prepaid mailing service fees will be kept in lieu of storage fees. As prepared mailings take up considerably more space then materials stored in boxes – prepared are charged a premium storage rate of $5/1000 pieces per week starting 2 weeks after the mailing was prepared until the mailing is mailed out.

20. Printing and Mailing Quantities: Printing and mailing services are provided using high speed automated production equipment. As typical with most production processes – some scrap is normal and expected. Because of this deliver or mailing of +/- 5% of ordered quantity shall constitute satisfactory completion of the order. If the client ordered exactly the amount needed for their mailing and the print quantity is short the mailing will be reduced to equal the amount of postcards printed.

21. Severability of Provisions: In a court of law if any of the provisions of this document are found unenforceable the remainder of the provisions shall remain in full force and effect.



Privacy Policy

·         Sell By Direct Mail is committed to protecting your privacy. We will not sell or disclose any information that identifies you to any other company, person or entity. Any and all e-mail information is also protected.

·         Sell By Direct Mail will send you periodical e-mails. Should you decide to opt out of any and all e-mail periodicals or special saving program please contact info@mybirthdayguide.com.