Lead Concepts Terms and Conditions (last updated 4/9/18)
Acceptance of Terms
You agree that these terms and conditions will govern all orders and reorders you place or have placed with Lead Concepts.
Payment is due in full at the time an order is placed. No orders will be placed until payment is authorized. An unpaid order may result in non-delivery and liability for collection costs, legal fees and interest. Customers whose checks are dishonored be charged a fee of $25.
All sales are final. No refunds will be granted once Lead Concepts has processed your order except in cases of overpayment.
Production and Delivery Time – Direct Mail
Lead Concepts’ standard production time, from when Lead Concepts receives final approval of your layout to when the direct mailing job is delivered to the U.S. Postal Service, is 3-5 business days. A typical standard mail order, once accepted by the USPS, will take up to 2 weeks or more to be delivered. Return mail can take up to an additional week to be returned. All production and delivery times are estimates and not guarantees, and Lead Concepts is not responsible for delays resulting from weather or other circumstances beyond its control.
Production and Delivery Time – Printing and Promotional Products
Our daily deadline for receiving materials to begin work on an order is 12 noon PT. Quoted Production Times start only after Lead Concepts receives final approval of your layout and summary of printing charges with no further changes per Lead Concepts’ Approval Form. Lead Concepts 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 Lead Concepts 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.
Lists – Customer Supplied
A customer supplied list should be formatted to meet U.S.P.S. mailing requirements. A compatible mailing service software format cost may be incurred to reformat mailing lists to meet these requirements. Customer will be notified, in advance, of conversion and formatting incompatibility. Formatting includes duplicate removal, data field merge, multiple list merge, and any other formatting requested by customer or necessary to produce an order. Lead Concepts will assume all customer supplied lists have been formatted by customer unless otherwise noted.
Lists – Purchased
Lists are purchased from third party list compilers. Lead Concepts offers a deliverability estimate of 88% on Business to Business lists and 92% on Business to Consumer lists if mailed within 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 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.
Responsibility for Content
You are responsible for the content of your mailer used for your order, even if it is selected from Lead Concepts’ library. It is your responsibility to review and approve the contents before mailing. You are responsible for any errors or false or misleading statements in the mailer and for insuring that the mailer complies with any applicable state or federal regulation. You agree to defend, indemnify, and hold Lead Concepts harmless for any and all claims, including attorney’s fees and litigation costs, arising out of any legal proceeding and/or government investigation relating to a mailer you used or selected.
By providing or selecting a mailer to use for your order, you grant Lead Concepts a non-exclusive license to reproduce, prepare derivative works, distribute copies to the public, and to publicly display the mailer. You further warrant and represent that you have all necessary permission, right, and authority for any material you provide for use in your mailer.
Disclaimer of Reliance
You expressly represent and warrant that you are not relying on any prior oral or written representation by Lead Concepts or any of its agents in purchasing Lead Concepts’ products and/or services.
These terms and conditions constitute the entire agreement between you and Lead Concepts and supersedes any prior negotiations or agreements between the parties.
Limitation of Liability
Lead Concepts’ liability is limited to repayment of the purchase price of its goods or services and this shall be its customer’s exclusive remedy. Lead Concepts is not responsible for any indirect, incidental, special, consequential, or punitive damages, including any expense or cost from government action related to the mailings.
Disclaimer of Warranties
Lead Concepts disclaims any implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Lead Concepts makes no warranty as to the results its services will achieve, INCLUDING ANY PARTICULAR RESPONSE RATE, or that its products or services will be error-free.
This Agreement is to be construed according to the laws of the State of Texas, without regard for its conflict of laws rules.
Any dispute arising out of or related to this Agreement shall be resolved in the appropriate state or federal court in Austin, Texas.