MVP Mailhouse Terms and Conditions of Service

1. Quotations/Costs: Customer agrees to pay MVP Mailhouse for the services in the amounts set forth on the contract during the term of this agreement. Payment for each mailing will be processed on the scheduled print run dates. Price is not guaranteed for future orders beyond the contracted number of mailings and subject to change without notice. MVP Mailhouse reserves the right to end any special offers, incentives, or pricing at any time. Utah State sales tax will be collected for residents of Utah.
2. Postal Delivery and Handling: MVP Mailhouse has no control over the U.S. Postal Service. When MVP Mailhouse delivers a mailing to the post office, the U.S. Postal Service inspects it for proper preparation and, if approved, accept it into the mail stream. Upon written request, MVP Mailhouse will provide Customer an electronic copy 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 their obligation. MVP Mailhouse has no further obligation or liability for the mailing, as final delivery to the homes is the responsibility of the U.S. Postal Service. 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 U.S. Postal Service.
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 and number of mailings. 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 cancelled after the design proof or map has been approved, authorizing MVP Mailhouse to proceed with printing and production. Under no circumstance is a refund or credit issued for the cost of postage after the mailing has been delivered to the U.S. Postal Service.
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 mailing 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 Customers.
8. Color Matching and Proof: MVP Mailhouse does not guarantee exact 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 the case, MVP Mailhouse will have no liability related to a list provided by Customer for accuracy, returned mail, updates, or any impact to the response of mailing. The Customer affirms ownership and/or usage/publication to 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 cost 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 entirely 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.