DESCRIPTION OF SERVICE
The Stannp service has been designed and developed to meet the needs of postal mailers through a Web interface. It allows small volume mailings to be quickly and easily created entirely online and then submitted to be printed and mailed by Stannp.
When you visit the Site or send e-mails to us, you are communicating with us electronically and by doing so you consent to receive related communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. We may amend this Agreement without notice to you by posting the changes on the Site and these changes will be effective when posted. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Site is available only to persons over the age of 18 who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Site or order product or services from Stannp. We may refuse any or all of our services to anyone at any time, in our sole discretion.
LICENSE AND SITE ACCESS
Stannp grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited right to license, to access the Site and it to create, print and have placed in the United States Mail or with other delivery providers based upon the intended destination of such printed materials (“Printed Material”) in accordance with the terms of this Agreement. Any rights not expressly granted to you by this Agreement are reserved to Stannp.
The Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any and all intellectual property rights (“Intellectual Property”) associated with the Site and its contents are the sole property of Stannp, its affiliates or third parties. The Site is protected by copyright and other laws in both the United States and other countries. In addition the Site is presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of Stannp. All custom graphics, icons, and other items that appear on the Site are service marks or trade dress (“Marks”) of Stannp, its affiliates or other entities that have granted Stannp the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Stannp. Except as otherwise expressly authorized by this Agreement, you may not use, copy, reproduce, modify, lease, loan, sell, reverse assemble or otherwise attempt to discover any source code, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without Stannp’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Stannp does not grant to you any express or implied rights to Stannp’s or any third party’s Intellectual Property.
USE OF SITE
Stannp will not read or disclose to third parties private postal or electronic communications that are transmitted using Stannp services except as required to operate the service or as otherwise authorized by law.
COMPLIANCE WITH LAWS
When you use the Site in any way, such as creating, printing and mailing Printed Material, you will comply at all times with all applicable United States Federal, state and local laws, statutes, regulations, rulings and ordinances and will not take any action that harms or violates the rights of any person or entity. If you mail Printed Material outside the United States, you will comply with the laws of the country to which such Printed Material is mailed. Stannp and the Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export any software or information to countries or persons prohibited under the United States or other applicable export control laws or regulations.
PLACING AN ORDER. Please read them carefully before placing an order.
SERVICES PROVIDED: We provide graphic design, printing materials, mailing preparation, online advertising, and other marketing support services. We do not guarantee or represent that we will provide a return on investment, guaranteed income, leads, orders, customers, response rates, or any desired, expected, or intended results.
TURNAROUND: We use commercially reasonable efforts to meet your expectations and requests, including production and shipping dates. However, quoted and published ship or mail dates are best estimates and not to be considered guarantees.
SCHEDULE: Production turnaround time begins after you approve your proof. For proofs approved after 12:00 pm (Eastern Time), production turnaround time will begin the next business day. Business days are considered Monday through Friday. Holidays are excluded from business days.
PAYMENT TERMS: All orders must be prepaid before commencing production. We reserve the right to place jobs on indefinite hold if the credit card declines or for payment pending via check. There are no net credit terms accounts unless pre-approved in writing by management and secured by credit card or deposit. You authorize us to charge any credit card or debit card previously authorized for unpaid or overdue accounts not received within payment terms (if applicable).
ALL SALES ARE FINAL: Because each print job is created custom for you, it cannot be reused or resold. ALL SALES ARE FINAL.
ORDER CANCELLATIONS AND REFUNDS: Credits or refunds for cancellation of orders are available on orders that have NOT been placed into production. If an order is cancelled AFTER we have sent a proof to you, but BEFORE it is approved by you, a refund will be provided to you less a $50 administrative fee for work completed prior to cancellation. If an order is cancelled AFTER a proof is approved by you but BEFORE it is placed into production, on written cancellation a refund will be given less a $100 fee for all work completed prior to cancellation. There are no refunds if an order is cancelled AFTER it has been placed into production. Orders with custom dies, third-party services (such as variable data postcards or post-press services), or special “non-returnable” paper stocks are not refundable after the order is placed.
If you need to cancel an order placed, you must email the cancellation request to orders@Stannp.com AND call and speak with our representative to confirm receipt of the cancellation and the cancellation charges at that point in time. Sending the email, or livechat, without confirmation is not enough to cancel an order.
No reprints or credits are offered for the following reasons (these are not considered defects):
- Low resolution or low quality graphics and images as supplied by you
- Spelling, punctuation, and grammatical errors from your approved proof
- Damaged fonts
- Overprint – Color reproduction
- Artwork files that are not created following our or USPS specifications
- Variances in color from the conversion of Pantone or RGB colors to CMYK
- Errors in user-selected options such as size, quantity, paper and finish
- Duplicate orders submitted by you
- Incorrect files uploaded by you
- Incorrect file orientation on your provided files.
- Cracking on folds
- Cutting variances
- Incorrect or undeliverable shipping address
CLAIMS AND RETURNS: Claims for defects, damages, or shortages must be timely made by you in writing no later than 10 calendar days after delivery. If no such claim is made, you agree the order and performance tendered by us have been accepted. If a job is unacceptable to you due to true defects in workmanship, and all the materials shipped are returned to us for inspection and confirmation of the defects, we will reprint the job at no cost, or issue a credit for future orders. No cash refunds are offered. Please note that the FULL original order must be returned to us and inspected.
COLOR REPRODUCTION: Because of differences in equipment manufacturers, including paper, inks, lighting, and other conditions, all print jobs utilize a “pleasing color” spectrum as determined by generally accepted printing trade practices. The color output of your print job is not guaranteed to match any other print order or previous printed copy. We are not responsible for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process.
PROOFING PROCESS: If you select “online proof” or request a digital proof, we will send an email notice shortly after receiving it into our production department. Please take note that an online proof is not an accurate color reproduction of the final printed piece but is a final opportunity for you to check the layout, bleeds, crops, and final text. The proofing process is very important to avoid any unintended issues. Approval of the correct and final print version is your sole responsibility. We are not responsible for any copy or design errors committed on edits once approved by you.
COLOR PRINTER AND INKJET OR COLOR COPIES: Inkjet and laser prints will look substantially different than commercial offset printing. We offer quick turnaround and low prices by printing to a “pleasing color” standard, using standard ink densities. There is no guarantee that your finished piece will match its printed sample. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs. Consumer printers are known to saturate colors and glossy “photo” paper will look different.
CONTENT: We reserve the right, in our sole discretion, to: i) refuse to provide service to you at any time and for any reason; or ii) print anything we deem improper, offensive, or known to be illegal. You guarantee that you have the legal authority to allow us to use all matter submitted to us by you, including but not limited to the necessary license and permission to use any copyrighted material, trademarks, or graphics. You are solely responsible for the content of all matter submitted to us by you. We are not liable for any damages resulting from violation of copyright laws or illegal use of trade names or slogans.
QUOTES AND ESTIMATES: Written estimates are good for 30 days. An estimate not accepted within 30 days may be subject to change. Prices posted on our website are subject to change without notice. Quotations are based on the accuracy and completeness of the specifications and selections provided by you in writing. We reserve the right to modify a prior quotation made if, at the time of submission of the order, the art or other parameter does not conform to the information on which the original estimate was based.
CUSTOMER FILES: It is your responsibility to maintain a copy of the original computer files, artwork. We are not responsible for accidental loss or damage to media supplied by you or for errors on supplied artwork furnished by you. We do not always archive your work for longer than it takes to produce the final product. DO NOT send any “one-of-kind” prints or artwork.
USPS DISCLAIMER: We provide design, printing service and mailing preparation services. We DO NOT provide mail delivery services. This service is provided by United States Postal Service (“USPS”). We are not USPS and cannot guarantee the delivery schedules or in-home dates of your mailings. Our services are completed when your mail is delivered to the dock of the USPS. If there is a delivery or service issue specific to USPS, we will assist you in coordinating all available resolutions with USPS directly. USPS will require specific and/or verifiable proof of error. A self-certified statement that a postcard was not received is not a verifiable error for USPS.
DISTRIBUTION VERIFICATION: Upon request by you within 30 days of the in-home date of your mailing, we will provide you verification that your mail was deposited with the USPS.
MAILING LIST QUALITY: We are not responsible for undeliverable or returned pieces on any supplied mailing list data provided by you regardless if we processed NCOA and CASS certifications.
POSTAGE FEES: You should explicitly recognize that we are not the USPS and any money paid for postage is collected and paid to USPS on your behalf. These funds are not ours and are not refundable for any reason by us. To allow sufficient time for payment deposit with the USPS, when you use our permit number, we require that all checks and credit card payments for postage be in our possession 3 days before your mail date. If a postage deposit is not received, we cannot advance the postage required, and the USPS will not accept your mail.
POSTAGE REFUNDS: UNDER ABSOLUTELY NO CIRCUMSTANCES WILL POSTAGE BE REFUNDED FOR ANY REASON ONCE AN ORDER HAS BEEN TRANSFERRED TO THE USPS FOR MAILING.
WARRANTY AND DISCLAIMER OF OTHER WARRANTY: We make no warranties, express or implied, with respect to results you may obtain through use of our services. We intend to use commercially reasonable efforts to provide services in accordance with this Agreement; however, it is possible for errors, omissions or other mishaps to occur. We will have no liability in such case. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT ANY RESULTS YOU MAY OBTAIN THROUGH SERVICES SUPPLIED BY US.
LIMITATIONS OF LIABILITY: WE WILL NOT BE LIABLE FOR: I) ANY DIRECT DAMAGES RELATING TO ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES OF ANY NATURE THAT EXCEEDS THE VALUE OF THE FEES PAID BY YOU TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE DAMAGES; II) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF PROFITS, FAILURE TO OBTAIN CERTAIN BUSINESS RESULTS, RESPONSE RATES, SALES, POSTAGE OR ANY OTHER DIRECT OR CONSEQUENTIAL DAMAGES AS A RESULT OF ANY ERROR, MISTAKE, OR FAILURE OF US TO PERFORM SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO; LIST ADDITIONS, REQUESTS MADE AFTER ORDER APPROVAL, AND USPS ERRORS. WE ARE NOT LIABLE IN ANY MANNER OR AMOUNT FOR USPS PERFORMANCE FAILURES, DAMAGE, OR DELAYS AND MAKE NO WARRANTY WHATSOEVER REGARDING USPS PERFORMANCE.
INDEMNIFICATION: You represent that you have the legal right to produce all printed materials ordered. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against us based upon, relating to or arising from your acts, or the printing performed or product produced by us ordered by you, you shall indemnify and hold us harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1) defending us against any such Claim (2) paying any judgment or award against us; and (3) reimbursing us for any legal fees and expenses we reasonably incur in responding and defending the Claim.
DATA SECURITY AND MALWARE POLICY / DISCLAIMER OF WARRANTY: You agree and acknowledges the following: (a) that we do not warrant that any of our websites or vendor websites or electronic services will be uninterrupted, error free, or immune from hackers that create data breaches and data theft, and further that we, and our various third-party providers (such as Azure) may occasionally experience “hard outages” due to internet disruptions, or data security breaches. WE EXPRESSLY DISCLAIMS ANY WARRANTY OR ASSURANCE OF DATA INTEGRITY, SECURITY, OR PERFORMANCE. Any such breaches or outages shall not be considered a breach of these terms and conditions. Further, we agree to use reasonable commercial efforts to ensure that there are no viruses or undocumented feature in any software, email, or data files at the time of delivery to you (a virus will be defined as any harmful, hidden programs or data incorporated in a computer software program that destroys or impairs the program and/or data from processing its normal business operations); and the software does not contain any embedded device or code (e.g., time bomb), but we MAKE NO WARRANTY EXPRESS OR IMPLIED THAT MALICIOUS CODE WILL NOT BE PRESENT ON ANY CUSTOMER COMMUNICATION OR DATA FILES.
GOVERNING LAW AND VENUE: This Agreement is entered into in Delaware, and all parties hereto consent to personal jurisdiction in the courts of Delaware, for all actions arising under or in connection with these Agreements. This Agreement shall be governed and construed according to the laws of New York without regard to its conflict of law’s provisions.
SEVERABILITY: If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
FORCE MAJEURE: In no event shall we be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond our control, including, without limitation, hurricanes, tropical storms or threat of same, strikes, work stoppages, accidents, acts or threats of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, it being understood that we shall use reasonable best efforts which are consistent with accepted practices in the printing industry to resume performance as soon as practicable under the circumstances.
AGREEMENT CHANGES: We may change, modify, add or remove portions of this Agreement at any time, and any changes will become effective immediately upon being posted. This Agreement was last updated on Delaware.
Any dispute relating in any way to your visit to the Site or to any Printed Material shall be submitted to confidential, binding arbitration in in Delaware, except that, to the extent you have in any manner violated or threatened to violate Stannp’s intellectual property rights, Stannp may seek injunctive or other appropriate relief in any state or federal court in in Delaware , and you consent to exclusive jurisdiction of and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree that any claim or cause of action arising out of or related to your use of the Site must be filed within one (1) year after such use.
All provisions of this Agreement which expressly or by implication continue to govern the parties’ rights and obligations after termination of use of the Site shall survive notwithstanding completion of any transaction in connection with which the Site is used.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Stannp to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Stannp in writing. This Agreement comprises the entire agreement between you and Stannp and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site.