Terms & Conditions

Please review the following Terms and Conditions of Sale (“Terms”) carefully, as they govern your relationship with Data Network Marketing Inc. dba “The Mailworks” (“The Mailworks”). These Terms will be deemed incorporated into any order that you place with or through The Mailworks and included within any agreement between you and The Mailworks. 

Acceptance of Terms.
When used herein, the words ‘you’ and ‘customer’ refers to the customer that has signed below. If you are using The Mailworks’ services (“the Services”) on behalf of an entity or organization, “you” means that entity or organization. If you are affiliated with other entities/organizations (each an “affiliate”) and an affiliate wishes to also use the Services, that affiliate must sign separate Terms. By using the Services on behalf of any entity or organization, you are representing and warranting to us that you are an authorized representative of that entity or organization, you are of legal age and competence to agree to these Terms on behalf of that entity or organization, and that your access of the Services or acceptance of these Terms constitutes such entity’s or organization’s agreement to these Terms. If you are an advertising agency using the Services on behalf of a client, the term “you” means both your agency and the client.  

BY SIGNING THIS AGREEMENT, EITHER INDIVIDUALLY OR ON BEHALF OF AN ENTITY OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOUR AGREEMENT TO AND COMPLIANCE WITH THESE TERMS DOES NOT AND WILL NOT BREACH OR CONFLICT WITH ANY OTHER AGREEMENT OR ARRANGEMENT YOU HAVE WITH SOMEONE ELSE OR OTHERWISE VIOLATE THE LAW. 
Access and Use
The Mailworks grants the customer a limited, non-exclusive, non-transferable, and revocable right to access and use the The Mailworks Portal platform (the “Platform”) for the sole purpose of managing, designing, ordering, and monitoring direct mail campaigns, subject to these Terms and Conditions and any applicable subscription or membership agreement.
Authorized Users Access to the Platform is restricted to the customer and its authorized users. The customer is responsible for maintaining the confidentiality of login credentials and for all activity that occurs under its account. The customer shall not share access credentials externally or allow unauthorized use of the Platform.
System Availability The Mailworks will use commercially reasonable efforts to maintain the availability of the Platform. However, The Mailworks does not guarantee uninterrupted or error-free operation of the Platform and shall not be liable for any downtime, system outages, or access delays, including those caused by scheduled maintenance, updates, or circumstances beyond The Mailworks’ reasonable control.
Updates and Enhancements The Mailworks reserves the right to modify, enhance, or discontinue features of the Platform at any time without notice. Any such updates or enhancements will be governed by these Terms unless otherwise stated in writing.
Data Entry and Accuracy The customer is solely responsible for the accuracy of any information, campaign parameters, or recipient data entered into the Platform. The Mailworks shall not be responsible for errors resulting from customer data entry or configuration mistakes.
Third-Party Integrations The Platform may offer integrations with third-party services (e.g., CRM, analytics, or design tools). Use of these third-party services is subject to the terms and conditions of the respective providers. The Mailworks is not responsible for the functionality, availability, or data practices of any third-party integration.
Account Suspension and Revocation The Mailworks reserves the right to suspend or revoke access to the Platform for any user or customer that violates these Terms, engages in suspicious or unlawful activity, or fails to make timely payment under the applicable service agreement.
No Transfer of Ownership Use of the Platform does not grant the customer any rights to The Mailworks’ intellectual property or proprietary systems. All rights, title, and interest in and to the Platform and its underlying technology remain the exclusive property of The Mailworks.


Published, Selling and Quoted Prices: Published prices are subject to change without notice and selling prices will be adjusted to reflect the current selling prices of The Mailworks. Quoted prices are valid for thirty (30) days.

Payment Terms All fees associated with orders placed through The Mailworks Portal, including but not limited to service charges and postage, are billed in accordance with the customer’s assigned payment terms. Payment terms are managed by The Mailworks and maintained outside of this agreement. The following billing options may apply:
NET 0 Terms: The customer’s stored payment method will be charged immediately upon clicking “Submit” at checkout.


NET 30 Terms: The customer’s stored payment method will be charged automatically thirty (30) calendar days after the order is submitted at checkout.


Split Terms for Services and Postage Customers may have different payment terms assigned to service charges and postage fees. This includes but is not limited to the following combinations:


NET 0 for both services and postage
NET 30 for both services and postage
NET 0 for services and NET 30 for postage
NET 30 for services and NET 0 for postage
Regardless of the combination, all payments will be automatically processed via the payment method stored on the customer’s account.
Postage and Handling Postage is invoiced and collected by Possible Innovations LLC dba Postage Handling, a separate entity from The Mailworks. The amount billed for postage includes all necessary shipping and handling costs required to prepare, process, and secure the lowest postage rates available. If the customer elects to pay for postage using a credit card, a 3.75% handling fee will be added to the total postage amount. Possible Innovations will remit all postage payments directly to the United States Postal Service (USPS) on behalf of the customer.


Payment Method and Authorization The customer authorizes The Mailworks and its affiliated entities, including Possible Innovations LLC, to charge the designated payment method(s) on file in accordance with the applicable NET terms. It is the customer’s responsibility to ensure that valid and up-to-date payment information is maintained within the Platform. A $25.00 fee will be charged on all returned payments in addition to the original amount due.


Payment via ACH Automated Clearinghouse (“ACH”) Authorization. Where you choose to pay fees via ACH, you authorize The Mailworks or its bank(s) to debit your payment method in increments or as a lump sum and remit funds in accordance with your payment instructions through the ACH. You also give The Mailworks or its bank(s) the right to resubmit any ACH debit that is returned for insufficient or uncollected funds, or any other reason. You agree that payment transactions will be governed by the rules established by NACHA, the Electronic Payments Association, as in effect from time-to-time. You are responsible for all claims, demands, losses, liabilities and expenses (including attorneys’ fees and costs) that result directly or indirectly from your failure to perform your obligations under the NACHA rules and you indemnify The Mailworks and its bank(s) for the same.

You agree at all times to maintain sufficient funds in your payment method to satisfy all obligations including returns, reversals, and associated fees, and to add funds immediately if The Mailworks notifies you that your funds are insufficient. Without limiting any other available remedies, if any payment initiated from your payment method is returned because of insufficient funds, you must reimburse The Mailworks (or to the extent applicable, its bank(s)) for any corresponding payment amount immediately upon demand, plus exceptions processing fees, plus any bank fees, charges or penalties for return items. The Mailworks or its bank(s) also reserve the right to debit a recipient’s account for money paid to the recipient on your behalf if your payment is returned because of insufficient funds or any other reason. The Mailworks reserves the right to suspend your access to the Services if you have an outstanding balance with The Mailworks or if you do not have sufficient funds. You shall be solely responsible for all penalties, interest charges, late payment fees, and service fees resulting from such a debit to the recipient.
Delinquency and Access Suspension; Interest and Costs of Collection Failure to process payment under the agreed NET terms may result in immediate suspension of access to the The Mailworks Portal platform and a delay in campaign production or delivery. The Mailworks reserves the right, in its sole discretion, to lock customer access until full payment is received. The customer acknowledges that any such delay caused by delinquency is their sole responsibility. Unpaid fees may be subject to an interest charge of 1.5% per month (or the maximum permitted by law, if less). Failure to remedy delinquency within ninety (90) days may result in the customer’s account being sent to collections. Any collection related actions may include additional fees, interest, and reporting to credit agencies, as permitted by law.


Sales Tax All taxes on the sale of products by Data Network Marketing Inc. (“DNM”) to you are the responsibility of Client. All invoices shall include, as additional payment due, any applicable state and local sales use, or other taxes on the sale by DNM to Client (the “Taxes”), when DNM is required, or permitted, to collect Taxes from its customers. No tax exemption will be permitted unless Client provides to DNM all documentation to support such exemption, including but not limited to any exemption or resale certificates. If, after Client has paid the invoice, it is determined that more Taxes are due, Client shall promptly remit such Taxes to DNM.


Campaign Types and Estimated Delivery Dates: Subject to any superseding production and delivery terms as may be negotiated and agreed upon in writing, the Mailworks operates several production timelines to accommodate various needs with specific terms outlined below:

DropMail™
This timeline adheres to a strict "in-home date window." All orders must be approved twenty (20) days prior to the in-home date window to remain on schedule. 
The Mailworks targets every Wednesday, 52 weeks per year.
The in-home date is an estimate based on a three (3) day delivery window by the United States Postal Service (“USPS”). Delivery predominantly occurs between Tuesday and Thursday each week. The Mailworks delivers mail to Section Center Facilities (“SCFs”) locations no later than the Saturday prior to the targeted in-home date. All mail delivered by this date will be deemed “on-time”. The Mailworks is not responsible for delays caused by a client’s late approval or the USPS, or circumstances beyond our reasonable control, and our responsibility ends when the mail is delivered on-time to the USPS. 
The Mailworks, in its sole and absolute discretion, has the option to accept late approval and abide by the original schedule, however such request must be submitted and agreed upon in writing. 
QuickMail Delivery: 
Orders on this schedule will ordinarily depart our facility within 24 hours of approval and are entered into the USPS directly from our facility in Albany, NY. If the approval occurs on a non-business day, the order will depart 24 hours after the next business day.
Mail delivery dates vary by final destination and postage class used. All mailing delivery dates are estimates, not guarantees.
The USPS supplies delivery estimates, based on a national average. 
First-Class Mail - 1-5 business days
USPS Marketing Mail - 3-14 business days
Nonprofit USPS Marketing Mail - 3-14 business days

United States Postal Service Relationship The Mailworks’ responsibility is limited to preparing your mailing and providing your mailing to the USPS for delivery. The Mailworks is not liable for USPS performance failures or delivery delays. Postage is non-refundable once the mail piece has been processed for mailing. The Mailworks is not liable for any loss of your business or profits; incidental or consequential damages; or costs in excess of billing for Services related to the specific job, whether as a result of errors, mistakes or failure by The Mailworks to perform Services, or otherwise. For more information, see “Limitation of Liability,” below. 

Order Cancellations: We recognize that circumstances may necessitate the cancellation of an order. The following cancellation policies apply, dependent upon the selected Campaign Type:

DropMail™ Campaign Type:

Prior to Approval Deadline: Orders canceled within this period will be refunded.
Within 1-48 (inclusive) Hours Post-Approval Deadline: Orders canceled within this period will be charged 50% of the service costs; postage will be refunded.
49 – 71 (inclusive) Hours Post-Approval Deadline: Orders canceled within this period will incur charges for 100% of the service costs. Postage will not be charged for jobs not yet mailed; however, jobs with precanceled stamps, as part of the production process, will be billed at the following rates: third class at $0.10 per stamp, first class presort at $0.25 per stamp, and nonprofit at $0.05 per stamp.
72 Hours Post-Approval: Orders cannot be canceled 72 hours or more after the approval deadline.

QuickMail™ Campaign Type:

Orders placed under the QuickMail™ campaign type are not eligible for cancellation at any time.

Order Refunds & Credits: The Mailworks, in its sole and absolute discretion, has the option to reprint, refund, or provide a prorated credit on all, or a portion, of any order that contains abnormal imperfections, or where we believe we have failed in implementing your written instructions. Claims for defects or damages must be made in writing, with accompanying photographs of full printed material, within ten (10) days after delivery. Refunds will only be provided under the circumstances expressly set forth in these Terms and Conditions of Sale. We will not accept any refund requests after 10 days from the date of delivery.
Data Processing and Suppression Efforts: All procured rental lists of The Mailworks are processed through the National Change of Address database and are suppressed against various sources, including the DMA Deceased Do Not Contact List, and information from the Social Security Administration. Despite these efforts, returns on non-deliverable mail can occur due to people and businesses relocating without updating their information with the USPS. Additionally, deceased records may be mailed if the recipient still maintains an active subscription, membership, or outstanding bank account in their name.
Responsibility for Non-Deliverable Mail: If you have ordered your mailing list and mailed your items through The Mailworks and more than 10% of your mail order is returned for being non-deliverable, we will assume responsibility for the cost of printing, addressing, list, and postage fees for the portion of undeliverable items up to a maximum amount equal to the total original printing, addressing, list, and postage fees charged for such items plus 5%. To receive the credit listed above, you must save and return all your mail pieces, as we need to return these items to the third-party list compiler.
Customer-Supplied Mailing Lists: Mailing lists provided by you must be in CSV format, with first name, last name, company, and addressing fields separated by column. If mailing lists are not provided in this format, The Mailworks will offer two options: (1) return the file to you for formatting correction, or (2) correct the file for you for a data processing fee of $75.00. THE MAILWORKS HAS NO LIABILITY FOR RETURNS RELATED TO A LIST PROVIDED BY YOU, NOR SHALL ANY RETURNS PERTAINING TO A CUSTOMER-SUPPLIED MAILING LIST COUNT TOWARDS THE CREDIT IDENTIFIED IN THE IMMEDIATELY PRECEDING SECTION.
Maintenance and Storage of Mailing Lists: While The Mailworks will maintain appropriate administrative, physical, and technical security measures to protect any personal information in its possession from unauthorized access, The Mailworks is under no general obligation to retain mailing lists you have provided to us or purchased through us beyond your current mailing campaign. However, we will make every effort to retain your personal mailing list(s) and any unlimited lists you have purchased from us for a period of one (1) year, unless you request deletion or return. After one year, any previous mailing lists we have on file may be disposed of, unless retention for a longer period should be required by any applicable law.
Accuracy of Data; Disclaimer: The customer acknowledges that The Mailworks acquires lists from third parties and is not the creator or owner. Accordingly, The Mailworks makes no express or implied warranty or representation regarding the accuracy or reliability of the data in any list, the results to be obtained through the use of such data, the completeness of any list, the deliverability of communications based upon any list, or the merchantability or fitness of any list for any particular purpose.
ALL SERVICES AND DATA ARE PROVIDED ON AN “AS-IS” BASIS AND THE MAILWORKS DISCLAIMS ALL WARRANTIES OF SUITABILITY, QUALITY, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF THE SERVICES OR DATA. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, NEITHER THE MAILWORKS NOR ANY OF ITS THIRD-PARTY SUPPLIERS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPREHENSIVENESS, OR COMPLETENESS OF THE SERVICES OR DATA NOR THAT THE SERVICES WILL BE UNINTERRUPTED. EXCEPT WHERE OTHERWISE PROHIBITED OR LIMITED BY LAW.
Paper: Paper stocks are subject to change based on availability. All pricing we provide is based on our house paper stocks. We will do our best to provide the paper listed in your quote and, if necessary, make the decision to substitute a paper that is closest to the original stock selection. This may include moving a gloss stock to an uncoated stock, and vice versa. When necessary, we must make these changes without notification, in real-time, in order to ensure all mailings are printed and delivered on time.

Customer Supplied Files and Digital Images: The prices and quotations for printing that we provide are based on an assumption that the customer will provide properly prepared files, which includes providing photos at 300dpi. The customer accepts full responsibility for all files that fail to output properly, contain errors, or provide an unacceptable result. The Mailworks will make every reasonable effort to discover problems in the prepress stage but accepts no responsibility or liability for errors that are not detected. Digital Image files supplied by the customer are the exclusive responsibility of the customer and The Mailworks accepts no responsibility for the color accuracy or quality of these files.

Proof: The Mailworks will provide you a final production-ready digital proof. This proof will contain any variable data merged and it is the responsibility of the customer to inspect the proof for accuracy. The Mailworks will not be held responsible for any errors or omissions found after submission of a “proof approval”. A delay in the return of the proof approval will result in delaying the completion of your job. The Mailworks assumes no responsibility for errors contained in the job if proofs are waived, errors in the proof are not noted or corrected prior to submitting a proof approval, 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 according to our specifications. Delays or additional expenses incurred as a result of customer materials shall be the responsibility of the customer. The Mailworks will return any customer-furnished artwork that is requested to be returned. We recommend that customers send high quality duplicates whenever possible as The Mailworks assumes no responsibility for lost or damaged items furnished by you. We will refuse an order which, in our sole and absolute discretion, may be illegal in nature, an infringement on the rights of any third party, or in violation of state or federal law. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any copyrights, trademarks, service marks, or other forms of protectable intellectual property (including words, names, logos and designs) that are not owned by you or licensed to you onto materials to be printed by or with The Mailworks’ printing services. 

Artwork Storage: The Mailworks is not responsible for the maintenance or storage of artwork provided to us or created by us beyond your current mailing campaign. The Mailworks will try, but is not obligated, to keep the final version of your artwork on file for a period of one (1) year. After one (1) year, your artwork may be removed from our files. 

Acceptance of Liability/Right to Cancel Publication: You accept full legal liability for the content of material uploaded, processed and printed on your behalf and under your instructions. The Mailworks reserves the right to refuse an order without disclosing a reason. The Mailworks also reserves the right to review all customer-submitted designs prior to publication and may, in its sole and absolute discretion, cancel the publication of any content deemed to violate its policies or that is otherwise objectionable, without prior notice to the customer.

Ownership of Proprietary Materials: Any designs or templated mail pieces produced by The Mailworks’ design team, plates for die cut equipment and plates produced in the ordinary course of production remain the exclusive property of The Mailworks, unless otherwise agreed to in writing. This includes the final output of any designs created with collaboration between The Mailworks and the customer.

The Mailworks owns all right, title, interest, and proprietary rights in the Services, including, but not limited to, patents, trademarks, service marks, copyrights, trade secrets, and other intellectual property rights. All licenses granted to you pursuant to these Terms or any applicable agreement with The Mailworks are expressly conditioned upon your compliance with these Terms. All rights not expressly granted in these Terms are reserved to The Mailworks. You represent and warrant that you either own or have the authority, license, or permission to use all material, content, data, and information that you provide to The Mailworks in the course of using the Services.

Response Rates: The Mailworks may advertise the typical response rates of a mail piece to educate consumers, however there is no guarantee that the items The Mailworks’ mails will perform in the same way. The Mailworks does not guarantee a specific response rate, return on investment, number of calls, appointments booked, or related metric.

Extras: Because of The Mailworks’ production method, it is not possible to print “extras” on direct mail orders. 

Limitation of Liability: In no case shall The Mailworks, including its affiliates, shareholders, members, directors, officers, agents, employees and licensors (collectively, the “Covered Parties”) be liable for any injury, death, liability, loss, expense, cost, claim, damage, act of God, accident, delay, or loss of business, of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with your use of the Services or the work performed by the Covered Parties, even if we have been advised of the possibility of such damages. THE COVERED PARTIES’ ENTIRE LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF PROVIDING THE SERVICES HEREUNDER, IS LIMITED TO A REFUND OF THE FEES PAID FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL THE MAILWORKS SPECIFICALLY, OR THE COVERED PARTIES GENERALLY, BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS, OR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, BREACH OF SECURITY, OR LOST OR DAMAGED DATA) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THESE TERMS, ANY AGREEMENT BETWEEN THE CUSTOMER AND COVERED PARTIES, OR ANY WORK OR SERVICES PERFORMED BY THE COVERED PARTIES. Note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages; as such, some of these limitations may not apply to you.

Indemnification: The customer understands and acknowledges that with respect to any Services undertaken by The Mailworks and the remainder of the Covered Parties on its behalf, including, but not limited to, fulfillment of a request that The Mailworks obtain a consumer mailing list from a third-party data broker or mailing a campaign, that The Mailworks is at all times acting as a service provider or processor for customer under any applicable privacy law (including, without limitation, the California Consumer Privacy Act, the California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Act Concerning Personal Data, the Utah Consumer Privacy Act, the Virginia Consumer Data Protection Act, the Texas Data Privacy and Security Act, the Oregon Consumer Privacy Act, the Florida Digital Bill of Rights, and the Montana Consumer Data Privacy Act) (“Privacy Laws”). The customer hereby agrees to indemnify and hold harmless The Mailworks specifically and the Covered Parties generally from any and all liabilities, losses, costs, expenses and damages (including, but not limited to, legal costs and fees, or alleged damages) on account of any and all matter of claims, demands, causes of action and other proceedings that may be instituted against any of the Covered Parties concerning (a) the customer’s usage of The Mailworks’ The Mailworks Portal; or (b) a claim that the work or Services performed by the Covered Parties violates any Privacy Law; infringes any ownership, intellectual property, or any other proprietary right of any person; or contains any matter that is libelous, obscene, defamatory, scandalous, harmful, or degrading, or invades any person’s right to privacy or any other personal right. The customer agrees, at the customer’s own expense, to promptly defend and continue the defense of any such claim, demand, cause of action or other proceeding that may be brought against any of the Covered Parties arising out of or connected in any way with these Terms, any agreement between customer and the Covered Parties, or any work or Services performed by the Covered Parties, provided that The Mailworks shall promptly notify customer with respect thereto (further provided that any right to indemnification under this section shall not be conditioned upon whether The Mailworks failed to give prompt notice except to the extent that customer is prejudiced by such failure). The obligations of this section shall survive the expiration or termination of this agreement for any reason.
Warranties: 
By Customer. By signing below, the customer certifies that it has ownership, publication, and usage rights to all provided address records and to all artwork, photos and other materials submitted for printing; and that the use of these customer-provided materials by the Covered Parties pursuant to these Terms will not violate any state or federal law. CUSTOMER UNDERSTANDS THAT IF IT RECEIVES A REQUEST FROM A CONSUMER TO OPT-OUT OF MARKETING OR TO HAVE THEIR PERSONAL INFORMATION DELETED, THAT IT HAS THE OBLIGATION TO BRING SUCH REQUEST TO THE MAILWORKS’ ATTENTION AND PROVIDE ANY INFORMATION NECESSARY FOR THE MAILWORKS TO COMPLY WITH THE REQUEST.  
Furthermore, to the extent the customer uses The Mailworks’ Portal to create, design, build, or execute a custom campaign, the customer warrants that (a) it holds the necessary rights to use all elements of the designs, including, but not limited to, images, graphics, text, and icons; that (b) its campaign will not violate any state or federal law; will not infringe any ownership, intellectual property, or any other proprietary right of any person; and will not contain any matter that is libelous, obscene, defamatory, scandalous, harmful, or degrading, or invades any person’s right to privacy or any other personal right; that (c) it will comply with any state or federal law regulating the issuance of commercial emails, including, but not limited to, the CAN-SPAM Act of 2003, and will honor all opt-outs pursuant to the same; and that (d) it will comply with applicable Privacy Laws, and that it has all necessary and appropriate consents and notices in place to enable the transfer of personal information to The Mailworks. 
By The Mailworks. The Mailworks shall limit access to any personal information provided to it by the customer only to those employees and subcontractors subject to a duty of confidentiality and only for those uses necessary to accomplish the contracted purpose. The Mailworks further agrees that customer will have an advance opportunity to object to any subcontractor engaged by The Mailworks to handle any personal information, and that any such subcontractor will be engaged under a contract with at least as stringent data-handling requirements and obligations as these Terms and any agreement between the customer and the Covered Parties. 
The Mailworks agrees not to retain, use or disclose any personal information other than for the purposes specified in these Terms, any agreement between the customer and the Covered Parties, or as otherwise permitted by applicable Privacy Law. The Mailworks shall not sell any personal information or retain, use, or disclose such information outside its direct business relationship with customer, and will not combine personal information collected or obtained pursuant to these Terms and/or any agreement between the customer and the Covered Parties with personal information received from another source or collected from its own interaction with a consumer unless expressly permitted by applicable Privacy Laws.

Disclaimer of Additional Warranties: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE ENTERED INTO THESE TERMS AND CONDITIONS TO RECEIVE SERVICES FROM THE MAILWORKS, BASED SOLELY UPON THE EXPRESS REPRESENTATIONS AND WARRANTIES IN THESE TERMS AND CONDITIONS, AND NO IMPLIED WARRANTIES FROM THE MAILWORKS OR ANY OTHER PERSON SHALL BE DEEMED TO APPLY TO THE SAME. THE MAILWORKS NEGATES ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

Severability: If any provision of these Terms and Conditions of Sale is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law and Venue: The Terms and Conditions of Sale are governed by and shall be construed in accordance with the laws of the United States and the State of New York. Any dispute arising out of or relating to, or any action to enforce these, Terms and Conditions of Sale must be brought in the federal or state courts located in Albany County, New York.

Integration; Amendment. These Terms and Conditions of Sale constitute the entire agreement between you and The Mailworks relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing. The Mailworks reserves the right to amend these Terms and Conditions of Sale from time to time in our sole discretion. Such amendment must be signed by both parties to be effective. If customer does not agree to an amendment, it is not permitted to use the Services after the effective date of such amendment, and any Services in process must be discontinued as of such date.


OUR MAILING ADDRESS:
236 Broadway
Albany, NY 12205

Email: contactus@themailworks.com
Phone: 518-435-9300
Terms & Condition updated as of: 09/04/25