Terms and Conditions
Quotations: Published prices obtained from Spike Leads are subject to change without notice and selling prices will be adjusted to reflect current Spike Leads selling prices. Quoted prices are good for thirty (30) days.
Order Cancellations: Spike Leads realizes that sometimes it may become necessary for a customer to cancel their order. Therefore, the following policy regarding order cancellation applies: Any order cancelled prior to the “OK to Print” form being signed will receive a company credit which can be used for any future product or service. The credit amount will be based on the amount of product/service already delivered, but may include a $150.00 order cancellation fee. No company credit will be issued after the “OK to Print” has been signed, as Spike Leads will have incurred all of its costs by that time.
Returns for Credit: Because each order produced is a custom job, no order may be returned for credit under any circumstances.
Refunds: Spike Leads has a no-refund policy due to the customization and time involved with each order. Please refer to our warranty section.
Warranty: Spike Leads, at its sole discretion, has the option to repair or reprint any order that contains abnormal imperfections, fails to provide a reasonable representation to the approved color proof, or where we have failed your written instructions. Spike Leads, at its sole discretion, may elect to provide a prorated credit in lieu of a reprint if the shortage, defective or damaged portion of an order does not exceed 20% of the order amount. Claims for defects, damages or shortages must be made by the customer in writing within (10) days after delivery. The customer must receive a written authorization to return a defective order or portion in advance of return. Defective orders must be returned (30) days after delivery.
Mailing Lists: The industry has some return on non-deliverable mail. Unfortunately, people move every day and they do not always let the USPS know. Therefore, sometimes there is a delay in updating where the consumer or business has moved to. If you ordered and mailed your cards out through Spike Leads, we will assume responsibility for any amount above 10% if the list has been used within a year of purchase. Spike Leads will give a credit toward future mailing for any amount returned over 10%. This includes the printing, addressing, list and postage fees over the 10%. You must save and return all of your mail pieces in order to receive the credit listed above as we need to return these to the third-party list compiler.
Spike Leads will have no liability to you for returns related to a list provided by you. Spike Leads is not responsible for the maintaining or storage of mailing lists you have provided to us or purchased through us beyond the current mailing. However, we will make every effort to keep your personal mailing list(s) and any unlimited lists you purchased from us for a period of (1) year. After (1) year, any mailing lists we have on file for you will no longer be kept on file.
Indemnification – Customer Provided Mailing Lists: The customer affirms ownership and/or usage rights to all provided address records and agrees to indemnify and hold harmless Spike Leads from any and all loss, cost, expenses and damage on account of any and all matter of claims, demands, actions and proceeding that may be instituted against Spike Leads on grounds that said mailing violates any ownership or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invade any person’s right to privacy or any other personal right. The customer agrees to, at the customer ’s own expense, promptly defend and continue the defense of such claim, demand, action or proceeding that may be brought against Spike Leads provided that Spike Leads shall promptly notify with respect thereto.
Spike Leads’ sole liability for any reason or cause shall be limited to the reprinting of any defective order or portion and in no case shall include special or consequential damages including customer expenses, profits, or profits lost.
Responsibility for Compliance with Legal Requirements
In addition to, and not a replacement of, customer’s other obligations in these terms of service with respect to limitation of liability and indemnity, the following terms, conditions, and obligations shall apply to customer with respect to mail sent. There are specific legal requirements customer needs to familiarize itself with, and customer is ultimately solely responsible for ensuring compliance with various states and various industries, such as real estate services. While Spike Leads may, but is not obligated to, provide general information regarding these legal requirements, that information is provided “as-is” for informational purposes only and may not be relied upon to ensure compliance. It remains customer’s sole responsibility to ensure that all mail pieces and advertisements comply with all applicable federal, state, and local laws. Spike Leads strongly recommends consulting with customer’s legal counsel to verify customer’s compliance and address any specific concerns before sending any mail or advertisement.
Spike Leads does not assume any responsibility or liability for errors, omissions, or misinterpretations of the legal requirements that may arise from the use of Spike Leads’ services and Spike Leads disclaims all implied warranties associated therewith. Under no circumstances will Spike Leads be liable for any indirect, incidental, special, consequential, or punitive damages or legal fees, fines, costs, or expenses with respect to violations of any state, federal or local law or regulation. By utilizing Spike Leads’ services, customer represents and warrants to Spike Leads that its mail piece or advertisement complies with such requirements and laws. If Spike Leads mails an advertisement for customer, it does not imply or warrant that such mail complies with any such requirements and laws.
Further, by using Spike Leads’ services, customer agrees to fully and absolutely indemnify, defend, and hold harmless Spike Leads and its shareholders, officers, directors, and agents (the “SL Indemnitees”) from and against any claims, damages, liabilities, fines, costs, or expenses (including reasonable attorneys’ fees) that arise from customer’s failure (whether the customer is mailing on behalf of itself or a third party), or the failure of any mail piece, to comply with any local, state or federal laws or regulations. If a claim is made against the SL Indemnitees, Spike Leads may retain its own independent legal counsel, the cost of which shall be paid by customer on demand.
General Indemnification: The customer affirms ownership or publication rights to all artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless Spike Leads from any and all loss, cost, expenses and damage on account of any and all matter of claims, demands, actions and proceeding that may be instituted against Spike Leads on grounds that said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invade any person’s right to privacy or any other personal right. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of such claim, demand, action or proceeding that may be brought against Spike Leads provided that Spike Leads shall promptly notify with respect thereto.
Production Schedule & Turnaround Time: Delivery schedules, turnaround times, and other similar terms used by Spike Leads merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays or equipment breakdown. It is not contractual, unless agreed in writing by Spike Leads.
Customer Supplied Digital Information: All prices and quotations supplied by Spike Leads for printing assume the customer provides properly prepared files. The customer accepts all responsibility for all files that fail to output properly, contain errors or provide an unacceptable result. Spike Leads will make every effort to discover problems in the disk preflight stage but accepts no responsibilities for errors not detected. Digital Image files supplied by the customer are the exclusive responsibility of the customer and Spike Leads accepts no responsibility for the color accuracy or quality of these files.
Customer Changes: Spike Leads will make any changes requested to full design or Partial design artwork. Print ready artwork should be sent over ready to print, with no changes, unless this is specifically discussed and paid for. Any changes after the “OK to Print” is received will incur a changes fee.
Proof: Spike Leads will email you a proof for your approval. Spike Leads will not be held responsible for any errors or omissions found after submitting your “OK to Print/Proceed.” Delay in the return of the proof approval will delay the completion of your job. Spike Leads assumes no responsibility for errors contained in the job if proofs are waived, errors in the proof are not noted, or if changes are communicated verbally and not in writing.
Customer Furnished Materials: Artwork, photos, digital files or other information or materials furnished by the customer shall be manufactured, packed and delivered to Spike Leads specifications. Delays or additional expenses incurred as a result of customer materials shall be the responsibility of the customer. Spike Leads will return any artwork that is requested to be returned. We suggest you send high-quality duplicates whenever possible as Spike Leads assumes no responsibility for lost or damaged items.
Color Matching: If you are concerned with the color of your card, please contact your representative to purchase a color proof. You will see this proof before signing off on your postcard. Because of the difference in equipment, papers and inks and other conditions between color proofing and pressroom operations, a reasonable variation between color proofs and completed jobs is expected, unavoidable and shall constitute an acceptable delivery. Postcards and similar products are produced in a gang run and limitations of this format may result in a larger color variance than normal. Spike Leads will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Spike Leads does not guarantee exact color matching.
Color Disclaimer: Due to the limitations and the relative inconsistencies of various display monitors, the colors you see on your screen may not be a totally accurate reproduction of the actual product. We strive to make our colors as accurate as possible, but screen images are intended as a guide only and should not be regarded as absolutely correct.
Payment Terms: Spike Leads shall require cash payment in full at the time the order is placed. A $25 fee will be charged on all returned checks in addition to the original amount due.
Shipping: All shipping charges are in addition to the selling price of the job. Shipping prices will be quoted based on quantity and size.
Ownership of Proprietary Materials: Artwork, type, graphic designs, digital files and plates produced by Spike Leads in the ordinary course of production remain the exclusive property of Spike Leads unless otherwise agreed to in writing. If you would like to purchase a high-resolution copy of your artwork, please contact Spike Leads or your sales representative for pricing details.
Inventory: Spike Leads will store your cards for up to 60 days with no activity. After 45 days, we will contact you to determine if you would like to mail again, discard the cards or have them shipped to you. Storage fees will apply after 60 days of no activity.
Post Office Delivery Times: The delivery date given is approximate based on the normal turnaround time. Spike Leads is not responsible for delays caused by the USPS and our responsibility ends when the job is delivered to the Post Office. Under no circumstances is a refund or credit issued for the cost of postage after the product has been dropped at the Post Office.
Errors in Mailing: Spike Leads is only liable to the extent of re-mailing a job to correct or rectify an error. Damage shall be limited to the value of the work performed and in no case is Spike Leads liable for loss of business, lost profits, special, punitive, incidental or consequential damages. You and the client will hold Spike Leads harmless in any suit or court action by themselves or others for costs, expenses or alleged damages.
Artwork Storage: Spike Leads will make every effort, but is not obligated, to keep the final version of your artwork on file for a period of 2 years. After 2 years, your artwork will no longer be kept on file. Spike Leads owns all artwork and graphic designs that it creates.
Additional Disclaimers
Postage
I acknowledge that Spike Leads is a separate entity from the United States Postal Service. Money paid towards a postage invoice is paid to the USPS for the delivery of your marketing pieces. Once your mail is in the hands of the USPS, Spike Leads can no longer control or change any aspect of the mailing. Clicking/signing is also an acknowledgement that the USPS does not provide written proof of mailings or delivery for individual mail owners. The USPS provides us with your mail tracking data as they scan your mail pieces. There are times when we do not have confirmed scans due to their sorting procedures, but the USPS will still deliver your mail even if we cannot provide tracking data. Once your mail has been given to the USPS, Spike Leads cannot cancel the mailing or refund any postage paid.
Credit Card Convenience Fees
A convenience fee of 3.00% will be applied to any postage payments made by credit card. Additional payment options including check, ACH, and more are available.
Everywhere Small Business
I acknowledge that if I currently have subscription-based services running with Spike Leads, that this bills monthly but you will be sent an email going over the statistics of these products/services and their associated costs a week prior to your first billing with an opportunity to cancel before that month’s billing takes place. You will also receive a monthly email showing the performance of these products/services to remind you they are active. You are solely responsible for canceling any active products/services and your request to cancel will go into effect immediately. Spike Leads does not refund for months charged before the cancellation request is made. If you have any questions regarding the services you currently have running, please contact Spike Leads.
Response Rate
Marketing is not an exact science. Many factors can affect response rate such as competition, repetition in mailing, your offer, location, and more. While we may discuss potential or estimated response rates for your campaign and may share response rates we have seen from other campaigns we have run, response is never guaranteed. We know that repetition is vitally important to overall success of your campaign. We highly recommend that you do repeat mailings to the same list. We cannot guarantee any response rate.
General Refunds
I acknowledge that Spike Leads cannot refund for services that have been approved for delivery. Once you have sent approval for a specific product (list, design, website, online ads) the money paid for those services gets fully allocated and the product can no longer be altered, canceled or refunded. In some cases, even if no approval has been given, Spike Leads reserves the right to offer a credit on account or partial refund if costs have been incurred. No refunds can be issued after 1 calendar year from the original charge. Please contact Spike Leads with any questions or concerns.
Right to Refuse Service
We reserve the right to refuse service to anyone for any reason.
Updates & Changes
From time to time, we may add, remove or change our functions, features, products, and services. This, and our commitment to protecting the privacy of your personal information, may result in periodic changes to our Terms of Service. We are not required to inform you of all updates to our Terms of Service, please refer back to these Terms of Service regularly to review any changes or amendments.
Links
Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of Spike Leads. Accordingly, Spike Leads can make no representation concerning the content of these sites to you, nor can the fact that Spike Leads has given you this listing serve as an endorsement by Spike Leads of any of these sites. Spike Leads is providing links to these sites as a convenience to you. Spike Leads cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and Spike Leads cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. Spike Leads is not responsible for any content, information, products, services, or software offered by any other party or at any other web site.
General
These Terms and Conditions, including, without limitation, the Privacy Policy, represent the entire agreement between you and Spike Leads with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of South Carolina without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.
By accessing, viewing, or using the works, content, or materials on this website, you consent to the exclusive jurisdiction of the federal and state courts presiding in South Carolina and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This website is controlled and operated by Spike Leads from its office within the United States. Without limiting anything else, Spike Leads makes no representation that the works, content, materials, services, information, or products available on, in, or through the website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this website from other locations do so on their own volition and are responsible for compliance with applicable laws.
Spike Leads
200 Rodeo Dr
Myrtle Beach, SC 29579
Phone Number:
800-SPIKE18
800-774-5318
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