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. 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 after a marketing campaign is executed.
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. 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 by the client. The standard format for all orders is a .xls or .csv file delivered electronically. The typical turn around on orders is 24-48 business hours 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 printed type. Handwritten changes will not be accepted must be reincorporated 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 invoice, and client will not place an order unless and until the 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 leads/data and/or credits at the discretion of Spectrum Data’s management. Spectrum Mailing Lists agrees to replace phone leads with provable disconnect ratios in excess of 20% and provable returned mail in excess of 6%. Email Lists are offered to be scrubbed and hygiened through a secondary vendor at the time of order at our cost, and Spectrum guarantees a 90% deliverability rate meaning the list will not have a “hard-bounce” rate in excess of 10% if the customer takes advantage of this additional hygiene service. 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 lori@SpectrumLists.com or email 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. 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 prosecute the person or persons who committed the fraud to the fullest extent of the law using all legal means necessary.
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.
Cancellations: Cancellations can only occur on 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.
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 or all marketing lists, campaigns, or services.
All parties acknowledge that the lists, services, or email campaigns 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 lists, campaigns, services or this transaction.
In consideration of Spectrum Mailing Lists handling your lists, campaign, 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
END OF AGREEMENT