User Contract, VDP Digital Printing
Service is provided by Iris Group, Inc. / Modern Postcard
All terms and conditions herein apply to Iris Group, Inc.
d.b.a. Modern Postcard (MP) and all of our affiliates separately and collectively as applicable
Terms and Conditions of Order (updated 4/07/08)
You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully.
Iris Group, Inc. d/b/a Modern Postcard (hereafter "MP") reserves the right to refuse to print or publish any material that MP determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream, on the internet or through email. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by MP on any job that is denied for the reasons described in this paragraph.
MP will reproduce color from submitted transparencies, slides, photos or digital layouts as closely and accurately as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process. The accuracy of each color print reproduction is guaranteed to be within a minimum of 85-90% of the original image you submit. MP accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent. All colors contained within any RGB digital file will be converted to MP's CMYK color space for print. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor's calibration affects the colors displayed on your monitor's screen. The colors on the printed cards may differ from what you see displayed when viewing your layout via MP's online final approval process and colors on the web and in email may vary from what you view for the same reasons. Online proofs for print, web and email only present the design layout, text accuracy, image proportion and placement, but not color or density. For print reprints, MP strongly suggests that you mail a hard copy of the original order for an accurate color review. Also, if your order is color critical, MP strongly suggests you purchase a hard copy color print proof from MP.
You are 100% responsible for proofreading your Marketing Campaign materials. If you have corrections and must send a new digital file, you will be charged a minimum $25. Some common areas to double check are: spelling, phone numbers, addresses, logo position and always remember to check the front side image if applicable.
Any changes will delay your order 24 hours and will result in a minimum $25 charge
to be paid before your order can be printed. Any errors on our part will be corrected at no charge.
The fees for MP products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. MP requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. MP grants Credit Terms for print, Marketing production, VDP set up fees, HTML microsite set up fees, HTML email set up fees and Campaign Creative portions of orders only. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed mailing services invoice is returned from the customer authorizing payment. MP accepts Purchase Orders from government and educational institutions with prior approval and requires the submission of the PO number at the same time the order is submitted. Any amount due to MP, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25.
Sales Tax Policy
MP is required to collect sales tax on purchases shipped to California. If your order qualifies for sales tax exemption in accordance with California Sales & Use Tax Regulations, you must provide MP with a Valid California Resale Certificate. MP requires that resale certificates be provided at the time of order via mail or faxed to (760) 268-1723.
Refunds and Cancellation
No refunds will be granted once we begin your order. No partial refunds will be given for work not completed; design and set up fees may apply. All refunds, due to overpayment on account are available upon customer request.
3. Production Time and Delivery
Our daily deadline for receiving materials to begin work on an order is 12 noon PT. Quoted Production Times start only after MP receives final approval of your layout and summary of printing charges with no further changes per MP's Approval Form. MP quoted production business days are calculated in 24 hour increments. All correspondence regarding the order must include the job number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production. Completion of your job within our quoted Production Time is dependent on receipt of your signed layout and final approval. Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For MP observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. MP is not liable for damage caused by any service carrier. Carrier claims are limited to $100. MP accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from MP's facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates.
4. Indemnification, Damages
You agree to indemnify and hold MP and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys' fees made by any third party due to or arising out of any claim alleging that the printed and/or published work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced for your VDP or campaign. . You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by MP. DO NOT send any "one-of-a-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.
The liability of MP, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to MP for its products and services. In no event will MP be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by MP. You hereby waive any Statute of Limitations to the contrary.
5. Ownership & Limited Use
By placing an order with MP, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with MP and; (ii) are authorizing MP to print and or publish such order on your behalf. Any images/graphics, text or other materials supplied to MP by the customer will remain sole property of the customer and the copyright there under has not been assigned or transferred in any manner to MP. However, any additional materials created by MP in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc...) are and shall remain the sole property of MP. Digital files of an MP assembled layout can be obtained upon customer's written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party. MP reserves the right to reprint and distribute your finished cards as example of a MP postcard product for any and all promotional purposes. This promotional distribution may include but is not limited to MP's collateral marketing materials, website, affiliates' websites, affiliate programs, MP catalogs, catalogs of others, emails, and any other marketing in any medium that MP may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to MP at the following address: 1675 Faraday Avenue, Carlsbad, CA 92008, or by email to the following address: email@example.com. Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.
6. Mailing Services and Mail Delivery
When utilizing our Mailing Services, MP shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will MP be liable for special, incidental, or consequential damages of any kind. MP's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. MP shall not be liable for USPS performance failures or delivery delays. MP accepts no responsibility for any additional services performed outside of MP, including but not limited to additional ink jetting, bindery or mail delivery services. Any remaining customer cards not mailed through MP Mailing Services will be returned via UPS at customer's expense and shipped to the contact address on file unless otherwise specified by the customer.
7. Mailing List(s)
MP agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer's mailing list. A customer's mailing list(s), while in the possession of MP, is the exclusive property of the customer and shall be used only with customer's instructions. It is customer's or customer's list vendor's responsibility to maintain a duplicate copy of its mailing list. MP assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer's mailing list(s) will not be sold or offered for use to any other party, and MP will not utilize the list for any other purpose. For additional information regarding mailing lists and security please refer to the
MP Mailing List, Privacy, Security and Limitations of Liability Agreement PDF 63kb.
Unless otherwise instructed, MP will remove duplicate names from all lists submitted for processing where the name and address match. No charge will be incurred for removing up to 100 duplicates within an entire list. Duplicate removals in excess of 100 duplicates will be charged at $5 per 1,000 with a $35 minimum. 100% accuracy of removal cannot be guaranteed due to data variances.
Change of Address updates
U.S. Postal Service requires that all first class presorted mailings comply with Move Update. MP assumes no responsibility for failure to do so. Refer to the Updating Your Mailing List page on our website for more information.
MP uses ASCII and DBF formats for data compilation for mailing services. Although many formats can be converted to DBF, a compatible mailing service software format cost of $75 per hour may be incurred to reformat mailing lists to meet our specifications. Customer will be notified, in advance, of conversion and formatting incompatibility.
For mailing lists purchased from MP, MP offers a deliverability guarantee of 88% on Business to Business lists and 92% on Business to Consumer lists if mailed within 30 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to contact names and/or any other demographic/firmagraphic criteria or element. Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy customer's mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a List owner reserves the right to refuse a list rental order for any reason they see fit.
8. Trademark Ownership
MODERN POSTCARD®, MODERN MAIL®, MODERN CONNECT®, BUILD ONLINE™, PRO DESIGNER™, SUMO SIZE®, DOUBLE SUMO®, DIRECT-AD™, NETWORK MAILER™, EXPOMAILER™, POSTAGE PLUS™, SEND YOUR STUFF™, PLUS PROGRAM™, B2U™, B2U MARKETING™, and BUSINESS-TO-YOU MARKETING™
and other related trademarks and service marks are the property of MP and are protected by United States and international trademark law. They may not be used without the written permission from MP and all rights are reserved.
9. Applicable Laws
MP operates from its offices in California and makes no representations that materials on this site are appropriate or available for use in other locations. Access to this site from any territory where the content is illegal is prohibited. If you choose to access this site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of this site alone does not subject MP to any specific jurisdiction. You may not use or export any of this site's materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to your order or this site or its materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with your order or this site's content shall be brought in either the state or federal courts in San Diego, California. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by MP. You hereby waive any Statute of Limitations to the contrary.