1) Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of the websites, quote forms, creative services, targeting, print coordination, postage procurement, and direct‑mail campaign management offered by NewKeys Marketing (“NewKeys Marketing,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms.
2) Our Services
We provide strategy, creative, targeting, production coordination, and mailing orchestration for new‑mover direct mail campaigns. Project scopes, included revisions, and deliverables vary by plan as described on our site or in a written quote. Unless explicitly stated otherwise, we are not a printer, mail carrier, or data broker; we coordinate with selected third‑party vendors (e.g., print partners and USPS®/mailing partners) on your behalf.
3) Quotes, Pricing & Payment
- Fees. Setup, monthly retainers, and other fees are as listed on our site or your written quote. Postage and print are billed separately unless your quote states otherwise. Taxes and pass‑through fees may apply.
- Approvals. You must approve proofs and mailing counts before we proceed. Approvals may be given via email or our forms.
- Invoicing. We may require deposits, prepayment for postage/print, and payment before production. Invoices are due upon receipt unless otherwise stated.
- Changes. Changes after approval may affect timelines and cost. We will notify you before proceeding.
4) Revisions & Creative
Revision limits are plan‑dependent (e.g., the ROI Test includes one revision; Growth includes unlimited revisions). “Unlimited” means reasonable, good‑faith iteration within the original scope. Major scope changes (e.g., new product lines, brand repositioning) may require a change order.
5) Production & Mailing
- Schedules. Production windows and drop dates depend on your timely approvals, vendor capacity, and postage availability.
- Counts. New‑mover counts are estimates and fluctuate. Final mailed quantities may vary based on address hygiene and carrier acceptance.
- Deliverability. We use industry‑standard address verification (e.g., CASS/NCOA where applicable). We cannot guarantee deliverability, speed of delivery, or response rates.
- Third‑party handling. Printers and carriers control print quality, logistics, and delivery. We coordinate but do not operate those services.
6) Client Responsibilities & Compliance
- You represent that you own or have rights to all content you provide and that your mail pieces comply with all laws, regulations, and carrier rules (including truthful advertising, disclaimers, and required disclosures).
- You will not request mailings that are unlawful, deceptive, discriminatory, or infringe the rights of others.
- If you supply mailing lists or customer data, you represent that you obtained it lawfully and have the right to use it for direct mail. You grant us the licenses necessary to process that data for the Services.
7) Performance & Results
Direct‑mail performance depends on many factors outside our control (offer, seasonality, competition, creative, market, and more). We do not guarantee specific results, revenue, or response rates.
8) Cancellations, Pauses & Refunds
- ROI Test. Cancel before proof approval for a refund of postage not yet purchased and work not yet performed. Once production or postage purchase begins, fees are non‑refundable.
- Monthly Plans. You may pause or cancel with reasonable advance notice (typically 7–14 days) before the next production slot. Postage/print purchased and work already performed are non‑refundable.
- Errors. If we materially deviate from your approved proof, we will, at our option, reprint/re‑mail the affected quantity or issue a reasonable credit. This is your exclusive remedy.
9) Intellectual Property
- We retain ownership of our methods, templates, tools, and pre‑existing materials. You retain ownership of your trademarks, brand assets, and provided content.
- Upon full payment, you receive a non‑exclusive license to use the final approved creative we produce for you for your own marketing, subject to any third‑party rights and font/image licenses.
- Unless you opt out in writing, you grant us permission to reference your campaign (without sensitive data) in case studies or portfolios.
10) Confidentiality
Each party will use the other’s confidential information only for the Services and protect it with reasonable care.
11) Disclaimers
THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 3 MONTHS BEFORE THE EVENT.
13) Indemnification
You agree to defend, indemnify, and hold NewKeys Marketing harmless from claims arising out of (a) your content or instructions, (b) your violation of law or these Terms, or (c) your misuse of data or mailing lists.
14) Third‑Party Services
We may use third‑party vendors (printers, analytics, carriers). Your use of those services may be subject to their terms. USPS® is a registered trademark of the United States Postal Service. NewKeys Marketing is not affiliated with or endorsed by USPS.
15) Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes will be resolved in the state or federal courts located in Florida, and the parties consent to personal jurisdiction there.
16) Changes to Terms
We may update these Terms from time to time. If we make material changes, we will update the “Effective date” above and, where appropriate, provide additional notice.
17) Contact
Questions about these Terms? Email us at hello@newkeysmarketing.com.