MVP Mailhouse Terms and Conditions of Service Agreement

Last updated: November 8, 2024

1. Quotations/Costs

The Customer agrees to pay MVP Mailhouse the amounts specified in this contract for direct mail services during the term of this agreement, with payments processed on scheduled print run dates. If the Customer chooses to pay by physical check, payment must be received by the target in-home date of the mailing unless other written arrangements have been made; credit card payments incur a 3% processing fee. Late payments are subject to a fee of 1.5% per month, and if not received within 60 days of the mailing date, may be referred to collections, with all collection costs, including third-party or attorney fees, added to the overdue balance and the Customer's responsibility. Prices are guaranteed only for the contracted number of mailings and may change without notice for future orders; MVP Mailhouse reserves the right to end any special offers, incentives, or pricing adjustments at any time. Utah residents will be charged Utah state sales tax in accordance with state law.

2. Postal Delivery and Handling

MVP Mailhouse has no control over the U.S. Postal Service. When MVP Mailhouse delivers a customer's mailing to the post office, it is then inspected for proper preparation. Once approved, it is then accepted into the mail stream. Upon request, MVP Mailhouse will provide Customer a copy (in PDF format) of the 3600-R for First Class Mail or 3602-R for Standard Mail. This document originates from the U.S. Postal Service and is often referred to as a "postage receipt" or "receipt of mailing". Customer agrees that this document shall constitute as proof of delivery and that MVP Mailhouse has completed its obligation. MVP Mailhouse has no further obligation or liability for the mailing, as final delivery to the homes is the responsibility of the USPS. Customer understands that there is always a possibility that the U.S. Postal Service may delay, damage, or lose mail. Under no circumstance will MVP Mailhouse 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.

3. Cancellations & Refunds

In the unlikely event that Customer decides not to complete their contracted number of mailings, a $1,000 early termination fee will apply. Pricing discounts are given based upon volume, frequency of mailings, and number of mailings, etc. Therefore, MVP Mailhouse has a no refund policy due to the upfront customization and release of confidential proprietary information. No refunds will be issued for orders that are canceled after the design proof or map has been approved, which gives MVP Mailhouse authorization to proceed with printing and production. Under no circumstance is a refund or credit issued for the cost of postage after postage has been paid and/or the product has been dropped at the Post Office.

4. Errors

In no case will MVP Mailhouse be liable for loss of business - indirect, special, incidental, consequential, punitive, or exemplary damages or loss of profits. MVP Mailhouse is only liable to the extent of re-mailing a job to correct or rectify an error that is the responsibility of MVP Mailhouse per these Terms and Conditions. Damage shall be limited to the value of the work performed. The Customer will hold MVP Mailhouse harmless in any suit or court action by themselves or others for costs, expenses, or alleged damages.

5. Response to Mailings

MVP Mailhouse does not guarantee mailing response rates. Any response rates discussed by MVP Mailhouse or contained in MVP Mailhouse marketing material or website, are projections of potential response rates. Absolutely no refunds will be given based on low or no response rates.

6. Printing and Mailing Quantities

Printing and mailing services are provided using high-speed automated production equipment. As is typical with most high-production processes, a small overage or shortage is normal and can be expected. As such, a mailing of +/- 5% of ordered quantity shall constitute satisfactory completion of the order.

7. Ownership of Materials / Designs

All materials and electronic files that MVP Mailhouse creates in producing the Customer's mail piece are the property of MVP Mailhouse and can only be used for printing and/or mailing projects produced by MVP Mailhouse. Customer agrees not to redistribute or recreate the design or any portion of the design. MVP Mailhouse will not release any design files (other than low-resolution proofs) for any reason. Unless prior agreement in writing, MVP Mailhouse reserves the right to distribute samples of the Customer's mail piece and include the Customer's mail piece and or images of the mail piece in portion or its entirety in MVP Mailhouse's marketing efforts. Additionally, MVP Mailhouse reserves the right to reuse concepts and artwork created by MVP Mailhouse in designs for other Customer's.

8. Color Matching and Proof

MVP Mailhouse does not guarantee color matching. Because of the differences in equipment, viewing resolution, paper, ink, and other conditions, a color variance between an electronic proof and the completed job may be unavoidable. MVP Mailhouse will make every effort to produce a reasonable representation based on materials supplied by Customer and will be reflected in the proof produced by MVP Mailhouse. MVP Mailhouse assumes no responsibility for errors if proofs are waived or if the errors in the proof are not brought to MVP Mailhouse's attention. All changes must be submitted in writing, via MVP Mailhouse proof process or email, and not communicated verbally. MVP Mailhouse will not be held responsible for any errors or omissions found after receiving the "Approval" digitally, by email, or by phone. MVP Mailhouse at its sole discretion will repair or reprint any order that contains abnormal imperfections or failed written instructions.

9. Consent to Record and Listen to Calls

MVP Mailhouse is granted consent to use unique tracking phone numbers to record and listen to incoming and outgoing phone calls as part of its tracking, scoring, and staff training products.

10. Customer-Provided List and Materials

MVP Mailhouse will not be held responsible for any issues or errors related to a customer-provided list. In this case, MVP Mailhouse will have no liability related to a list provided by Customer for accuracy, returned mail, updates, or any impact on the response of mailing. The Customer affirms ownership and/or usage/publication of all lists, artwork, images, photos, and other material provided.

11. Indemnification

Customer agrees to indemnify, defend, and hold harmless MVP Mailhouse and its officers, members, managers, employees, agents, and representatives from and against any losses and costs resulting from the conduct of Customer's business and performance under this contract, including reasonable attorney's fees. Customer is responsible for seeking and the payment of its legal counsel for all legal matters, including, without limitation, advice about local rules and regulations, including those governing advertising and Customer's business generally.

12. Execution: Check Draft/Credit Authorization

Customer has read in its entirety and agrees to all of the terms and conditions of this contract. The undersigned hereby represents that he or she has authority to bind Customer to this agreement, and hereby authorizes MVP Mailhouse to draft/charge the amount due against Customer's account at the financial institution provided. Multiple-month campaigns will be scheduled with in-home dates and payment for each mailing will be processed on the scheduled print run dates.

13. Governing Law

Any order placed with MVP Mailhouse will be governed, construed, and enforced according to the laws of the State of Utah, without regard to its conflict of laws rules.