YDEAL, INC.        

Direct Mail Services Terms and Conditions

Please read these terms of use carefully before using this site. By using this site, you signify your unconditional assent to these terms of use and the fact that all terms and conditions herein apply to YDEAL, Inc. and all of our affiliates, vendors, and partners separately and collectively as applicable. If you do not agree to these terms of use, you are not authorized to use the site. YDEAL, Inc. cannot and does not guarantee the security of information you transmit through the Web, and you transmit all such information at your own risk.

1. Accuracy


Layout

You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Postal Regulations are subject to change and you are also 100% responsible for complying with current USPS Postal Regulations.

YDEAL, Inc. reserves the right to refuse to print any material that YDEAL, Inc. determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream. 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 YDEAL, Inc. on any job that is denied for the reasons described in this paragraph.

Color

All cards are placed on our printing press with other jobs or "gang printed". YDEAL, Inc. 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 5,000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements.
The accuracy of each color reproduction is guaranteed to be within a minimum of 85-90% of the original image you submit. YDEAL, Inc. accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product. All colors contained within any RGB digital file will be converted to YDEAL, Inc.’s CMYK color space. 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 YDEAL, Inc.’s online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. For reprints, YDEAL, Inc. strongly suggests that you mail a hard copy of the original order for an accurate color review. Also, if your order is color critical, YDEAL, Inc. strongly suggests you purchase a hard copy color proof from YDEAL, Inc.

2. Payment


The fees for YDEAL, Inc. 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. YDEAL, Inc. requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. YDEAL, Inc. grants Credit Terms on the print portion 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. YDEAL, Inc. 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 YDEAL, Inc., 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.

Notwithstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, shipping and any other applicable costs or charges. Such orders must be paid via credit card, certified bank check (from a bank which YDEAL, Inc. deems acceptable), ACH or wire transfer. Unfortunately, YDEAL, Inc. can no longer accept any other forms of payment from or extend credit terms to customers who are located outside the United
States.

Refunds & Cancellation

No refunds of any nature will be granted once YDEAL, Inc. begins your order. Additionally, no partial refunds will be provided for work not completed and design and set up fees may still apply and be charged. All refunds, due to an overpayment on a particular account are available upon customer request.

3. Production Time & Delivery


Our daily deadline for receiving materials to begin work on an order is 12 noon ET. Quoted Production Times start only after YDEAL, Inc. receives final approval of your layout and summary of printing charges with no further changes per YDEAL, Inc.’s Approval Form. YDEAL, Inc. 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 YDEAL, Inc. 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. YDEAL, Inc. is not liable for damage caused by any service carrier. Carrier claims are limited to $100. YDEAL, Inc. accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for thirty (30) days from the delivery of the pick-up notification email. If the order has not been picked up from YDEAL, Inc.’s facility within thirty (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 YDEAL, Inc. 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 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 on your card. 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 YDEAL, Inc. 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 YDEAL, Inc., 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 YDEAL, Inc. for its products and services. In no event will YDEAL, Inc. 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 six (6) months of date of the alleged breach by YDEAL, Inc.  You hereby waive any Statute of Limitations to the contrary.

5. Ownership & Limited Use


By placing an order with YDEAL, Inc., you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with YDEAL, Inc. and; (ii) are authorizing YDEAL, Inc. to print such order on your behalf. Any images/graphics, text or other materials supplied to YDEAL, Inc. by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to YDEAL, Inc. However, any additional materials created by YDEAL, Inc. 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 YDEAL, Inc. Digital files of a YDEAL, Inc. 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.
In the event YDEAL, Inc. has purchased iStock images on your behalf for use in your layout please be aware that these iStock images are by default purchased with iStock’s Standard License which only permits the image and/or content to be used on one layout for one mailing campaign. iStock’s standard license agreement dictates that these images and/or content cannot be repurposed by the client or reused in any other layout or mailing campaign (even if re-printing with YDEAL, Inc.)  without repurchasing the image for this additional use.

YDEAL, Inc. reserves the right to reprint and distribute your finished cards as examples of an YDEAL, Inc. postcard product for any and all promotional purposes. This promotional distribution may include but is not limited to YDEAL, Inc.’s collateral marketing materials, website, affiliates' websites, affiliate programs, YDEAL, Inc. catalogs, catalogs of others, emails, and any other marketing in any medium that YDEAL, Inc. may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to YDEAL, Inc. by email to the following address: info@ydealinc.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 & Mail Delivery


When utilizing our Mailing Services, YDEAL, Inc. 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 YDEAL, Inc. be liable for special, incidental, or consequential damages of any kind. YDEAL, Inc.’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. YDEAL, Inc. shall not be liable for USPS performance failures or delivery delays. YDEAL, Inc. accepts no responsibility for any additional services performed outside of YDEAL, Inc., including but not limited to additional ink jetting, printed materials, bindery or mail delivery services. Any remaining customer cards not mailed through YDEAL, Inc. 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)


YDEAL, Inc. 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 YDEAL, Inc., 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. YDEAL, Inc. 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 YDEAL, Inc. will not utilize the list for any other purpose.

Duplicate Removal

Unless otherwise instructed, YDEAL, Inc. 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. YDEAL, Inc. assumes no responsibility for failure to do so.

Reformatting

YDEAL, Inc. 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.

Purchased Lists

For mailing lists purchased from YDEAL, Inc., YDEAL, Inc. offers a deliverability guarantee of 88% on Business to Business lists and 92% on Business to Consumer lists if mailed within thirty (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/firmographic 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.