1. ACCEPTANCE OF TERMS-PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. ACCEPTING OUR QUOTATION OR PLACING AN ORDER SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS & CONDITIONS IN THEIR ENTIRETY UNLESS SPECIFICALLY NOTED IN WRITING BY SENIOR MIDWEST DIRECT INC. dba JETSON MAILERS. Senior Midwest Direct Inc. dba Jetson Mailers is collectively referred to herein as “Jetson”. “Customer” shall mean any purchaser of Senior Midwest Direct Inc. dba Jetson Mailers goods or services. Jetson reserves the right to change, modify or amend these terms and conditions on this site without notice. For this reason, we encourage you to review these Terms & Conditions whenever you receive a quote.
  2. EMAIL NOTIFICATIONS-By accepting an order through Jetson, you agree to receive emails related to the status of your work order, account or purchase order, including job status changes, job shipment, or job related warnings such as delays or art issues. You cannot unsubscribe to these emails because they are necessary to facilitate communication between Jetson and its customers. Jetson is not responsible for email notifications that are redirected or not received in the inbox due to an incorrect email provided by the customer, or customer’s email filter settings that do not allow acceptance of our emails, or any other technical difficulties beyond our control.
  3. QUOTATIONS-Quotation means the price, specification and description of goods or services to be provided to Customer by Jetson, in accordance with these terms and conditions. Quotations are valid for 60 days from the date provided to Customer. After that time, Quotations are subject to change, revision, or updates. Quotations are based on Jetson’s understanding of the specifications provided by the Customer. Jetson may provide an updated and revised Quotation prior to performing the services if the project does not conform to the information on which the original Quotation was based. Additionally, any Customer requested changes to the original specifications set forth under any Quotation may result in additional charges to Customer at Jetson’s current time and material rates.
  4. POSTAGE-Postage amounts given as part of the quotation are always estimates only. Jetson will notify the Customer in writing (including e-mail) of the required postage as soon as this amount is known and will notify the Customer of the date when the postage must be received in order to complete the mailing prior to the agreed upon mailing date. While Jetson will make every effort to provide the Customer with an accurate estimate of required postage, Jetson is not responsible for additional postage charges if the rate of postage changes for reasons beyond Jetson’s control. Payment of postage in advance is required on all orders and is the responsibility of the Customer. Jetson reserves the right to hold mailings for which sufficient postage has not been paid or until postage payment has been verified.
  5. MAIL LISTS-The Customer shall follow all applicable laws. The Customer’s mailing list(s) in Jetson’s possession, for storage or otherwise, is the exclusive property of the Customer and shall be used only at the Customer’s instructions. Jetson shall provide reasonable and prudent protection, consistent with industry standards, against the loss of Customer’s list. This includes adequate backup procedures for all files and programs. Jetson shall provide reasonable and prudent security to protect the Customer’s data from access by non -essential personnel while in possession of Jetson. At the completion of services under any Quotation, Jetson unless otherwise requested by the Customer in writing, shall destroy all Customer data and mail files, except for any that must be retained in accordance with Jetson’s Data Retention Policy.
  6. MAILING SERVICES-All mailing delivery dates are estimates, not guarantees. Jetson’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Jetson’s responsibility ends when the job is delivered to the USPS. In no event shall Jetson be liable for USPS performance failures or delivery delays. This guarantee does not cover fees for mailing service or postage or associated incidental or consequential damages or claims. Jetson is not liable for shipping carrier errors, including loss or delay on direct-mail orders.
  7. ELECTRONIC FILES-It is the Customer’s responsibility to maintain a copy of all original electronic files. Jetson is not responsible for accidental damage to media supplied by the Customer or for the accuracy of furnished input or final output. Until digital input can be evaluated by Jetson, no representations can be made about Jetson’s ability to provide the services for work submitted in digital format. Any additional translating, editing, or programming needed to utilize Customer-supplied files will be charged at prevailing time and material rates.
  8. OVER-RUNS, UNDER-RUNS AND SPOILAGE-Over-runs or under-runs for print will not exceed 5 percent of the quantity ordered. Jetson will bill for actual quantity delivered within this tolerance. If the Customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of Quotation. All direct mail handling and processing involves spoilage. Spoilage of up to three (3) percent of Customer’s material is typical. Allowances for spoilage should be taken into consideration in ordering material. Every commercially reasonable effort will be made to handle Customer’s material with frugality and to prevent undue spoilage. Nevertheless, Jetson cannot accept responsibility for shortages of material as a result of normal spoilage in processing.
  9. MATERIALS PICK-UP AND STORAGE-Any materials for mailing, printing, or fulfillment jobs will be kept for 30 days from the delivery of the pick-up notification, unless otherwise arranged as part of an ongoing project. If the order has not been picked up from Jetson’s facility within 30 days, it will be shipped directly to Customer, and Customer will be billed for applicable shipping charges, however, we cannot ship to P.O. Boxes or APO/FPO.
  10. INSURANCE AND RISK OF LOSS JETSON-will maintain fire and extended coverage on property belonging to the Customer while the property is in Jetson’s possession. Jetson’s liability for this property will not exceed the amount recoverable from the insurance. The Customer shall bear all risk of loss to finished work upon delivery of the work by Jetson or its subcontractor, as applicable, to a common or contract carrier or to the U.S. Postal Service mail unit, F.O.B. Jetson’s or its subcontractor’s shipping dock. Title to finished work shall pass at the same time the risk of loss for such work passes to Customer.
  11. DELIVERY-Unless otherwise specified, the price quoted is for a single shipment, without storage. Proposals are based on continuous and uninterrupted delivery of the complete order; otherwise Jetson will charge accordingly at current storage rates. Charges for delivery of materials and supplies from the Customer to Jetson are not included in Quotations unless specified.
  12. PRODUCTION SCHEDULES AND FORCE MAJEURE-Production schedules will be established and followed by both the Customer and Jetson. In the event that production schedules are not adhered to by the Customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, fire, explosion, flood, accident, interruption of or delay in transportation, labor trouble, governmental regulation, riot, civil disorder, action of government or civil authority, acts of God, or other causes beyond the control of Jetson. In such cases, schedules will be extended by an amount of time equal to delay incurred.
  13. CUSTOMER-FURNISHED MATERIALS-Materials furnished by Customers or their suppliers are verified by delivery tickets. Jetson bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by Jetson. These specifications will include correct weight thickness, pick resistance, and other technical requirements. Artwork, special dies, files, or other materials furnished by the Customer must be usable by Jetson without alteration or repair. Items not meeting this requirement will be repaired by the Customer, or by Jetson at current time and material rates.
  14. OUTSIDE PURCHASES-Unless otherwise agreed in writing, all purchases from third party service providers requested or authorized by the Customer, are chargeable to Customer. The Customer is responsible for payment for any paper which Jetson has been authorized by the Customer to purchase, including paper remaining on hand as the result of Customer changing suppliers, discontinuing publication, or changing paper requirements or quantities.
  15. PAYMENT AND ACCEPTANCE-Postage must be prepaid before we can release the mailing. If we are mailing it out under our permit, we will need one of the following: 1. A check made out to USPS for the postage amount, or 2. A bank transfer to us for the postage amount. Payment terms are Net thirty (30) days from the date of invoice. Claims for defects, damages or shortages must be made in writing by the Customer no later than ten (10) days after delivery. If no such claim is made, Jetson and the Customer will understand that the job has been accepted, and Customer acknowledges that Jetson’s performance has fully satisfied all terms, conditions, and specifications.
  16. CANCELLATION, DEVIATION, & PRINTING DOWNGRADE-In the event of cancellation of, or change by, Customer to any goods or services specified under any Quotation, the Customer shall give Jetson as much notice as reasonably practicable. Customer shall be liable for all costs incurred by Jetson resulting from any such cancellation or deviation that are not otherwise avoidable by Jetson through reasonable commercial efforts, including, without limitation, down press and bindery time, materials ordered or inventoried, quotations on Customer’s behalf and not otherwise usable by Jetson in the ordinary course of its business within a reasonable period of time. Once work has been started, the job CANNOT be changed (job cancellation and printing downgrade not allowed) and there will be NO REFUNDS.
  17. DEFAULT-An event of default (“Event of Default”) shall occur upon the occurrence of all or any one of the following events: (a) the Customer does not pay when due any invoice; (b) the Customer ceases doing business as a going concern; (c) the Customer makes an assignment for the benefit of its creditors or admits in writing to its inability to pay its debts as they become due; (d) the Customer files, or has filed against it, a petition in bankruptcy or for its reorganization, arrangement, composition or readjustment under any state insolvency law or the Customer liquidates all or a substantial part of its assets not in the ordinary course of its business, dissolves or takes other similar action; or (e) the Customer shall default in the performance of any of its obligations to Jetson or any assignee, or any other agreement between the Customer and Jetson and such default is not cured within 30 days of Jetson providing notice of same. REMEDIES In the event of Default by Customer, Jetson may, at its option and without notice or demand, exercise all or any one of more of the following remedies: (a) declare immediately due and payable all invoices and all other sums due, or to become due hereunder or under any other agreement between the Customer and Jetson; (b) terminate all of its obligations arising under any Quotation, and any other agreement between Customer and Jetson; (c) offset any amounts due Jetson under any Quotation against any amounts Jetson or any of its affiliates owes the Customer (or the Customer’s affiliates) under any other agreement; or (d) exercise all other legal and equitable remedies which Jetson may have. The foregoing remedies shall be deemed cumulative and may be exercised successively or concurrently as permitted by law.
  18. LIABILITY AND WARRANTY-Customers must notify Jetson within 10 business days of the date of delivery or date of pick-up of any defects discovered in the printed product. 100% of the product must be returned to Jetson at the customer’s expense within 10 days from the date of delivery or date or pick-up. If we accept the claim as valid, Jetson will reprint the order and ship it back at no cost to the customer. Charges to rush print are non-refundable. Jetson assumes no liability beyond the price of your order.Errors that we are not responsible for include, but are not limited to: Any spelling, graphics, grammar, punctuation, bleed, orientation/alignment, folding mistakes that are approved by the customer. We are not responsible for damaged fonts, wrong cuts, die lines, crop marks, transparency, overprint, cracks on folds, or finished product size because these inconsistencies are inherent to the printing process. Each order placed through Jetson is a contract between the customer making the order and Jetson. The fact that you have made an order on behalf of a third party does not absolve you of liability to Jetson. Any decision by a third party not to accept printed items or to cancel the order with you does not affect your liability to Jetson. LIMITATION OF LIABILITY. In no event shall Jetson, its vendors, employees, or affiliates be liable for any injury, death, loss, claim, accident, delay, or any other direct, indirect, consequential, or incidental damages resulting from loss of use, data or profits, arising out of or related to this Website, or the information contained within it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. In no event shall Jetson. be liable for any damages or consequences arising from or related to your inappropriate or unauthorized use of the Site or its content.
  19. INDEMNIFICATION-You agree to defend, indemnify and hold harmless Jetson, their employees and affiliates against any and all claims, damages, legal fees, costs and expenses arising from or related to your use of the Site or related to customer-submitted content. You also certify that you own rights to or have a license for the content or image(s) being used in your order. The Customer agrees to protect Jetson from third party claims that could arise in connection with Jetson’s provision of the work. This means that the Customer will hold Jetson harmless and defend and indemnify Jetson against claims, demands, actions, and proceedings, from all such third party claims, but excluding liability arising out of the gross negligence or willful misconduct of Jetson. Copyrights: The Customer also warrants that the subject matter to be printed is not copyrighted by a third party. The Customer also recognizes that because subject matter does not have to bear a copyright notice inorder to be protected by copyright law, absence of such notice does not necessarily ensure a right to reproduce. The Customer further warrants that no copyright notice has been removed from any material used in preparing the work for reproduction. To support these warranties, the Customer agrees to indemnify, defend and hold harmless Jetson for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided. Personal and Privacy rights: The Customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal rights. The Customer will, at the Customer’s sole expense, indemnify defend and hold harmless Jetson in all legal actions on these grounds for all liability, damages, and attorney fees that may be incurred in any legal action involving a third party claims that work is libelous or scandalous or threatens a third party’s right to privacy. In all instances of indemnification hereunder, Jetson shall. • promptly notify the Customer of the claim or legal action; and • give the Customer reasonable time to undertake and conduct a defense. Jetson reserves the right in its sole discretion to refuse to print anything that it deems illegal, libelous, scandalous, improper or infringing upon copyright law. Jetson will retain intermediate materials until the services have been accepted by the Customer. If requested by the Customer, materials will be stored for an additional period for an additional charge, however Jetson is not liable for any loss or damage to stored material beyond what is recoverable by Jetson’s fire and extended insurance coverage.
  20. TAXES-All amounts due for taxes and assessments will be added to the invoice and are the responsibility of the Customer. No tax exemption will be granted unless the Customer’s “Exemption Certificate” (or other official proof of exemption) accompanies the executed Quotation or has been previously filed with Jetson.
  21. FORCE MAJEURE-Contracts and deliveries may be suspended or delayed in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbance, war, legislation, force majeure, the inability of the printer to procure essential materials due to any of the foregoing causes, or any other occurrence beyond our control preventing or retarding performance of the contract or delivery of work, and no responsibility shall attach to Jetson for any delay, default, loss or damage resulting from any of the above causes, and the customer undertakes not to bring any claim for damages against Jetson arising from any circumstance described herein.
  22. ATTORNEY’S FEES-If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
  23. RIGHT TO REFUSE SERVICE-Jetson reserves the right to cancel or otherwise refuse jobs it deems are obscene or offensive, including but not limited to pornographic materials. Jetson reserves the right to charge the customer for services rendered up to the point that the job was cancelled.
  24. CHOICE OF LAW-This agreement is made pursuant to and shall be governed by the law of the State of Illinois, and Customer consents to jurisdiction of the courts thereof.