Spectrum Mailing Lists – Terms and Conditions
Please read the entire agreement. The agreement ends with the text “END OF AGREEMENT”
Right to Refusal: Spectrum Mailing Lists reserves the right to refuse any or all service based on our company policy of respectable marketing practices at anytime.
Payment Method and Processing Fee: All orders are subject to a $25.00 processing fee, unless otherwise noted. Returned checks are subject to a $50 returned check fee. The client acknowledges and agrees that all financial information given to Spectrum Mailing Lists via credit card is lawfully theirs and true. The client acknowledges that all payments are due in advance and that Spectrum Mailing Lists maintains a no-refund policy except in the case of errors on the part of Spectrum Mailing Lists.
Compliance: Purchaser agrees to furnish all necessary compliance to complete the transaction. In the event compliance cannot be completed for whatever reason, Spectrum Mailing Lists agrees to refund the client in full, providing the order has not been run, or less any applicable run charges. In the case that the purchaser submits false compliance, Spectrum Mailing Lists is not responsible for liabilities or damages.
Delivery: Orders are delivered via email unless otherwise noted. The standard format for all orders is a Excel file delivered electronically. The typical turn around on most orders is 1 to 2 business days from the time all compliance & payment is received. Spectrum Mailing Lists will make every effort to meet scheduled delivery dates but makes no guarantee and accepts no liability for failure to meet said dates. Brokered data, international lists or other lead programs will vary in delivery time. Spectrum Mailing Lists will work hard to manage delivery expectations and advise client of expected turnaround times.
Altering Orders: Any alterations to orders must be in writing. Handwritten changes will not be accepted until incorporated into a newly signed invoice. Changes to an order that has been placed by the client and begun processing by Spectrum Mailing Lists cannot be changed. Client acknowledges that orders are processed based on the criteria shown on the estimate or invoice, and client will not place an order unless and until the estimate/invoice text matches what they intend to purchase.
Credits and Refunds: Spectrum Mailing Lists does not issue refunds on completed orders but instead will issue replacement records/data and/or credits at the discretion of Spectrum Mailing Lists management. Unless other terms are shown on the estimate or invoice, the following guarantees shown below shall apply. In each case, the percentage guaranteed is calculated based on the total number of records ordered, and not a smaller portion that the client chose to use.
Phones: Spectrum Mailing Lists guarantees phone connectivity of at least 80%. Spectrum Mailing Lists agrees to replace disconnected phone numbers in excess of 20%. Client must provide a dialer report or similar documentation. Documentation must show that all phones provided were dialed, the date it was dialed, and a result for each. The guarantee is valid for 30 days from delivery of the database to the client.
Postal Addresses: Spectrum Mailing Lists guarantees, unless otherwise provided, postal addresses will be at least 94% deliverable for 45 days from delivery of the order. Spectrum agrees to replace or buy back returned mail in excess of 6%.
E-mail Addresses: In the case of e-mail addresses released to the client in the form of a database, Spectrum offers to perform additional scrubbing/hygiene, through a secondary vendor, at the time of order at our cost. If the customer takes advantage of this additional hygiene service, Spectrum guarantees a 90% deliverability rate, meaning the list will not have a “hard-bounce” rate in excess of 10%. Spectrum Mailing Lists is not responsible for “soft-bounces”. This guarantee is valid for email blasts sent up to 15 days following the order delivery date. In the event that you have a documented proof (email deliverability log) of hard bounces in excess of 10%, please email documented proof to your data advisor within 30 days of the delivery date. We will either buy back those records for the full amount paid per record or replace those records where possible, at our discretion. If client chooses not to avail themselves of additional hygiene, they should expect a bounce rate between 15% and 25%.
Errors made by Spectrum Mailing Lists: In the case that an error is made by Spectrum Mailing Lists in the execution of contracted services or production of contracted products, Spectrum will, at it’s expense, replace the product or service with the corrected product/service, or refund to Purchaser the price paid to Spectrum, at the discretion of Spectrum Mailing Lists. In no case shall Spectrum’s liability for errors exceed the price paid by the Purchaser. Purchaser agrees to hold Spectrum Mailing Lists, her employees, subsidiaries, parents, vendors, subcontractors and any other entity involved in the production of said product or service, harmless from any liability, loss, claims, and expenses related to any and all products or services supplied.
All buy-backs, credits and replacements apply only to the portion of the data in excess of the guaranteed amount.
Documented proof: Proof can be a dialer report, blast report, or any document that has detailed notes on each record contacted. All reports must be independently verifiable to be considered for replacements or buy-back. Postal returns can be scanned and e-mailed to your data advisor, or mailed in bulk to Spectrum. Please speak with your data advisor for details.
Arbitration: Purchaser agrees to third-party mediation to resolve all issues. Judgment in these matters is binding and Spectrum Mailing Lists and Purchaser agree to abide by the third party arbitrators ruling. The arbitrator must be agreed to by both Purchaser and Spectrum Mailing Lists.
Fraud: In the case of a fraudulent transaction made by the client on Spectrum Mailing Lists, the client, who may or may not be the legal owner of any type of funds used for the purchase of any product on Spectrum Mailing Lists including: credit card, debit card, wire transfer, check, money order, or Western Union, etc., this client or purchaser may not hold Spectrum Mailing Lists liable or responsible in any manner, regardless of whether the client or purchaser knew in whole or part that his/her actions were fraudulent. In the case that a fraudulent transaction is made, we will make every effort in returning the money to the legal owner or victim of the funds, which may include: credit card, debit card, wire transfer, check, money order, or Western Union, etc. and we shall refer for prosecution the person or persons who committed the fraud.
Charge backs: While we do not guarantee the results of our products, we try hard to address any issues the purchaser may experience. Due to the perishable nature of our products and services, all sales are bound to the stated terms and conditions. Purchaser will at no time dispute or chargeback any charges for products and services performed as stated in their invoice from Spectrum Mailing Lists. Charges to your card will appear as ‘Spectrum Mailing Lists’. If you are using a company card, please inform your accounts payable department to expect the charge. Chargebacks will be treated as Returned Checks, subject to a $50 fee, and re-payment must then be made to Spectrum Mailing Lists in a guaranteed payment form, such as Cashier’s Check, Money Order, or Wire Transfer.
Cancellations: Cancellations can only take place for orders that have not begun processing, or for orders where there is more than one delivery (ie… trigger and other multi-lead products). Cancellations typically require 48-hour notice. Please review your invoice and/or contract for specific requirements in your case. Refunds are subject to a fee assessed by Spectrum Mailing Lists management associated with the cost of the forfeited data. Cancellations may affect the cost per unit of items already delivered, in the case that overall pricing was based upon the multi-purchase nature of the job.
Abandoned Email Campaigns: Email campaigns that remain in the queue or are suspended for over 30 days will be considered abandoned and may be subject to termination. Such campaigns are non-refundable and will be reviewed by Spectrum Mailing Lists management.
Pricing: Prices listed on the website or in any publication produced by Spectrum Mailing Lists are subject to change at any time. Purchaser agrees to pay the invoice amount according to the card issuer agreement. The amount is due upon receipt and a finance charge of 10% per month shall be added to the balance due to the extent that the balance is not paid within thirty days from the invoice date.
Indemnification: The clients agrees and acknowledges to hold Spectrum Mailing Lists and all its employees harmless from any liability, loss, claims, and expenses related to any and all products or services supplied.
All parties acknowledge that the lists, services, email campaigns, printing & mailing services, database hygiene, programming, subscriptions, et al are provided on an “as is” basis and no other representations and warranties, express or implied, including their fitness for a particular purpose, their merchantability, and/or non-infringement apply to the products and/or services nor this transaction.
In consideration of Spectrum Mailing Lists providing you products and/or services, Purchaser agrees to indemnify and hold harmless Spectrum Mailing Lists from any and all claims, demands, causes of action, liabilities, costs, expenses, attorney fees, and/or the like arising out of Purchaser’s use, distribution, transfer, sale, and/or ownership of the lists, campaigns, or services regardless of the legal theory advanced and/or damages claimed.
Purchaser further agrees to pay all expenses, including attorney fees, Spectrum Mailing Lists incurs in enforcing performance under the Invoice or contract. The Invoice and/or contract shall be governed by the laws of the State of California. Any dispute concerning the construction or interpretation of this Invoice and/or Contract, or the remedies for any breach thereof shall be submitted to arbitration in San Diego County, California in accordance with the rules and requirements of the American Arbitration Association.
However, for the limited purpose of collecting an amount due under this Invoice, Spectrum Mailing Lists may bring an action in state or federal court in (or with jurisdiction over) San Diego County, California, and the parties agree that said courts are a convenient and appropriate forum.
Spectrum Mailing Lists reserves the right to change the terms and conditions at anytime and without notice. We ask that you read our terms and conditions before each order is submitted.
Spectrum Mailing Lists
1611 S Melrose Drive
Vista, CA 92081
Email: [email protected]
END OF AGREEMENT