Terms of Service
Acceptance of our quotation or the placing of an order shall constitute acceptance of these and conditions in their entirety, unless specifically varied in writing by Everest Direct Mail and Marketing.
Quotations: (a) Quotations are based on current costs of material and services unless otherwise agreed in writing, are subject to amendment to meet any rise in such costs between the date of quotation and the date of execution, except that such quotation shall be held firm for 30 days.
(b) When quotations are based on specifications, roughs, layouts, samples, dummies or printed, typewritten or other good copy provided by the client, any extra work or cost caused by any variation by the customer of their original instructions or specifications shall be additionally chargeable.
(c) Upon acceptance by the customer, Everest Direct Mail & Marketing’s written quotation shall be deemed to have interpreted the customer’s instructions correctly.
Refunds: Everest Direct Mail & Marketing does not issue refunds. Please refer to our warranty section.
Everest Direct Mail & Marketing realized 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 “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 not include a $150.00 order cancellation fee. No company credit will be issued after the “OK to Print” has been signed, as Everest Direct Mail & Marketing 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.
Everest Direct Mail & Marketing, as its sole option, will repair or reprint any order that contains abnormal imperfections, fails to provide a reasonable representation to the approved color proof of where we have failed in your written instructions. Everest Direct Mail & Marketing, as its sole option, may elect to provide a prorated credit in lieu of 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 within (30) days after delivery. Everest Direct Mail & Marketing’s sole liability 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.
Production Schedule & Turnaround Time:
Delivery schedules, turnaround times and other similar terms used by Everest Direct Mail & Marketing 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.
Customer Disks & Supplied Digital Information:
All prices and quotations supplied by Everest Direct Mail & Marketing for printing assume the customer provides properly prepared files following Everest Direct Mail & Marketing written guidelines. The customer accepts all responsibility for all files that fail to output properly, contain errors or provide an unacceptable result. Everest Direct Mail & Marketing will make every effort to discover problems in the disk preflight stage but accepts no responsibility for errors not detected. Digital Image files supplied by the customer are the exclusive responsibility of the customer and Everest Direct Mail & Marketing accepts no responsibility for the color accuracy or quality of these files.
Everest Direct Mail & Marketing will make any changes requested to Full design or Partial design artwork. Print Ready artwork should be sent over with all changes made. Any changes needed after “OK to Print” is received will incur a changes fee.
If you are submitting a digital file, you must submit a composite laser proof and color laser proof with your order. Everest Direct Mail & Marketing will submit a digital proof for your approval. If you do not also submit laser proofs as required, Everest Direct Mail & Marketing will not be held responsible for any errors or omissions and will not submit an email proof for your approval. If composed film and proof are submitted, Everest Direct Mail & Marketing will not submit a proof for your approval. If Everest Direct Mail & Marketing provides art work or instructed by a customer to modify a file, we will email a digital proof. Corrections to be made must be clearly marked and defined in your return written
communication to Everest Direct Mail & Marketing. Delay in the return of the proof will delay completion of your job. Everest Direct Mail & Marketing assumes no liability for errors contained in the job if proofs are waived, errors in the proofs are not noted or if changes are communicated verbally.
Customer Furnished Materials:
Camera ready copy, artwork, photos, film, color separations, digital files or other information or materials furnished by the customer shall be manufactured, packed and delivered to Everest Direct Mail & Marketing specifications. Delays or additional expenses incurred as a result of customer materials shall be the responsibility of the customer. Everest Direct Mail & Marketing will return all submitted transparencies, prints, logos or camera ready artwork with the printed job. We suggest you send high quality duplicates whenever possible, as Everest Direct Mail & Marketing assumes no responsibility for lost or damaged items.
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, paper and inks and other conditions between color proofing and pressroom operations, a responsible 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. Everest Direct Mail & Marketing will make every effort to produce a reasonable representation based on materials supplied by the customer, however, Everest Direct Mail & Marketing does not guarantee color-matching.
Payment & Processing Terms:
Everest Direct Mail & Marketing shall require cash payment in full at the time the order is placed. A $25.00 fee will be charged on all returned checks in addition to the original amount due. Order processing will begin when the following items are complete: Press-ready files are received; Payment is processed.
Sales and Use Tax:
Buyer shall pay the costs of delivery of the Products. All prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer. Buyer shall pay all such taxes and other charges to the applicable Government Authority when due.
What personal information do we collect from the people that utilize Everest Direct Mail and
1) When ordering or registering with us, as appropriate, you may be asked to enter your name, mailing list, creative content, samples propietary information, HIPPA information, YOUR
mailing address, phone number, credit card information, social security number or other details to help you with your experience.
How do we use your information?
We may use the information we collect from you when you make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, submit a new direct mail job, or use certain other site features in the following ways:
• To process your mailing campaign or job related transactions.
How do we protect your information?
Our website and internal network services are scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We also utilize on-site encryption technology through Amazon and Google Cloud Services to assure your mailing lists, and your customer information are safe from theft.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.
We DO NOT sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information, mailing lists, payment details, unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We do not include or offer third-party products or services on our website.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/ adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in the future.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify you via email
• Within 7 business days
We will notify you via letter • Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
To be in accordance with CANSPAM, we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can email us at
and we will promptly remove you from ALL correspondence.
Everest Direct Mail & Marketing 824 Locust St #100 Hendersonville, NC 28792 firstname.lastname@example.org
The customer affirms ownership or publication rights to all artwork, photos, and other materials submitted for printing and agrees to indemnify and hold harmless Everest Direct Mail & Marketing from any and all loss, cost, expense and damage on account of any and all matter of claims, demands, actions and proceeding that may be instituted against Everest Driect Mail & Marketing on grounds that said printing violates any copyright or any proprietary right of any person, or that it contains any matter that 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 Everest Direct Mail & Marketing provided that Everest Direct Mail & Marketing shall promptly notify with respect thereto.
The industry average for returns on non- deliverable mail is 10%. If the list you use in mailing was purchased through Everest Direct Mail & Marketing, we will only assume responsibility for amounts over 10% if the list has been used within a year of purchase. Everest Direct Mail & Marketing will give a credit toward future mailing for any amount over 10%. Everest Direct Mail & Marketing 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.
Shipping: All shipping charges are in addition to the selling price of the job. We only ship FedEx or UPS. We do not guarantee FedEx or UPS’ service, however we have found them to be quite reliable. Shipping prices will be quoted on quantity and size.
Ownership of Preparatory Materials: Artwork, type, film, digital files and plates produced by Everest Direct Mail & Marketing in the ordinary course of production remain the exclusive property of Everest Direct Mail & Marketing unless otherwise agreed to in writing. If you would like to purchase a high resolution copy of your artwork, please contact your sales representative for pricing details.
Everest Direct Mail & Marketing will store your cards for up to 90 days with no activity. After 60 days, we will contact you to determine if you would like to mail again, discard the materials or have them shipped to you. Storage fees will apply after 90 days of no activity.
Post Office Delivery Times: The delivery date given is approximate based on the normal turnaround time. Everest Direct Mail & Marketing is not responsible for delays caused by
the USPS and our responsibility ends when the job is delivered to the Post Office. Under no circumstance is a refund or credit issued for the cost of postage after the product has been dropped at the Post Office.
Postage rates vary on saturation and quality of the list being used for your mailing. Everest Direct Mail & Marketing will quote the high range of postage to prepare for the worst possible scenario. Your actual postage may vary and is payable no less than 48 hours prior to your mail date.
Errors in Mailing:
Everest Direct Mail & Marketing 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 Everest Direct Mail & Marketing liable for loss of business incidental or consequential damages. The client will hold Everest Direct Mail & Marketing harmless in any suit or court action by themselves or by other for costs, expenses, or alleged damages.
Everest Direct Mail & Marketing will make every effort to keep the final version of your artwork on file for a preiod of 2 years. After 2 years, your artwork will no longer be kept on file.
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Last Updated 10/3/2022