Last updated: Oct.28, 2025

These are the Terms & Conditions for all products and services (an “Order”) provided directly or indirectly by Direct Mail Xperts LLC (“Direct Mail Xperts”). These Terms & Conditions constitute a binding and enforceable legal agreement between DMX and you, whether you are acting on your own behalf or on behalf of a company, organization, or other entity (collectively, “Entity”). By requesting a price quotation, placing an Order, or making payment, you represent and warrant that you are authorized to bind the Entity to these Terms & Conditions, and that both you and the Entity agree to be bound. These Terms & Conditions apply to your current Order and all ongoing business with DMX, including any prior Orders to the extent permitted by law. Our current Terms & Conditions are available on our website at https://directmailxperts.com/terms-conditions/. DMX reserves the right to change, modify, or amend these Terms & Conditions at any time and without notice. Continued business with DMX, including any new Order, constitutes acceptance of the current Terms & Conditions.

ORDER PAYMENT

Quotes: Published prices from DMX are subject to change without notice and may be adjusted to reflect changes to prices and postage/shipping charges. Written quotes from DMX will expire 30 days after the quote date.

No Refunds and No Returns: Under no circumstances will DMX issue a cash refund. Please refer to our Warranty section below. Because each Order produced is a custom job, no Order may be returned for credit under any circumstances.

Warranty: DMX’s sole liability shall be limited to the reprinting, in whole or in part, of any Defective Order. A Defective Order is an Order that DMX determines, in its sole discretion, for any reason or no reason, was not properly completed as described in the written invoice due to an error or omission of DMX. To make a warranty claim for a Defective Order, you must make a claim in writing to DMX within ten days of the order delivery. A Defective Order shall not include (i) errors in or arising from customer-supplied files or Digital Information (defined below), (ii) errors approved in the Proof (defined below), (iii) variations in color, cutting, or finishing within reasonable commercial standards, or (iv) delays caused by carriers, servicers, or third parties. DMX reserves the right, in its sole discretion, for any reason or no reason, to correct such Orders. If an Order is not a Defective Order, you will be responsible for all costs of a reprint of the Order.

Payment Terms: DMX shall require full payment upon invoicing for an Order. A $25.00 fee is charged on all returned checks in addition to the original amount due. Production on an Order will not start until the payment check has cleared DMX’s bank account. DMX offers ACH service to allow you to pay an invoice via your bank account; however, you must request DMX’s banking information in advance to make payment using this method. Title to all products remains with DMX, and DMX retains a security interest in all products until all invoices are paid in full.

Email Communications: You agree to provide DMX with a valid, active email address and to promptly update DMX if that address changes. You further agree to regularly monitor that email account and the related spam or junk folders for communications from DMX or its service providers. Any notices, approvals, proofs, invoices, or other correspondence sent by DMX to the email address you provide shall be deemed received by you when sent, whether or not you actually access or review such communications. Your failure to monitor your designated email account shall not excuse missed deadlines, approvals, or payments.

Use of Customer Information and Third-Party Servicers: You authorize DMX to use, reproduce, and process any information, data, artwork, designs, photos, content, trademarks, or other materials provided or used in your Order (“Digital Information”) for the purpose of fulfilling your Order. You further consent to DMX sharing such information with third-party servicers, including, without limitation, the United States Postal Service (“USPS”), United Parcel Post (“UPS”), and other carriers (collectively, “Carriers”), vendors, or contractors engaged by DMX to produce, process, ship, or deliver your Order. No additional notice or consent shall be required for such disclosures. DMX shall not be liable for the acts or omissions of any third-party servicer engaged in connection with your Order.

ORDER PROCESS

Proofs: Where DMX provides design services for an Order, a design work invoice will be provided to you, and the design work will start after the invoice is paid in full. DMX’s graphic design department will send you a low-resolution design, front and back (a “Proof”). Revisions will only be made during the first week after the first Proof is sent. Three (3) revisions are allowed per Proof. Additional revisions will incur a $100/hour charge for design time. If charged revisions are incurred, another invoice may be sent and must be paid in full before the Order is processed. Revisions must be marked on the Proof or communicated through email to DMX. The Proof must be approved by you and returned to DMX as directed in the Proof approval instructions email before the Order can continue. A delay in the return of the approved Proof will delay the completion of your Order. DMX assumes no liability for errors contained in the Order when Proof approvals are waived, errors in the Proof are not noted, or if revisions are communicated verbally.

Design Cancellation: DMX understands that sometimes you may need to cancel the design services for your Order. Any design services canceled before design Proof approval may receive a company credit that can only be used for any future Orders. The credit amount will be based on the amount of product/service already delivered, but may include a $150.00 cancellation fee. No company credit for design services is issued after the design services have been started. Design service fees are non-refundable once the design service has begun. Design services are deemed to be started when you send Digital Information to DMX.

Customer-Supplied Digital Information: Where DMX does not provide design services, DMX will provide a template for your design files, and such files must comply with the art file submission requirements on our website at https://directmailxperts.com/services/creative-development/art-file-submission/. Order quotes and pricing for printing from customer-supplied Digital Information assumes you will provide files prepared in accordance with these instructions. You accept all responsibility for all files that fail to output correctly, contain errors, or provide an unacceptable result. Digital image files supplied by you are your exclusive responsibility, and DMX accepts no responsibility for the color accuracy or quality of such files. You assume all responsibility and liability for the content, accuracy, and legality of customer-supplied Digital Information.

Production: After a Proof is approved by you (where DMX provides design services for an Order) or after you send customer-supplied Digital Information to DMX (where DMX does not provide design services), you will receive an invoice. After the invoice is paid in full, you will receive a preview email with your final review opportunity. That email will contain a link to your Order. You must check the link. It will show you the front and back of your Proof and an Order status timeline starting with your Order in the ‘Preliminary’ stage. You must review the Proof and inform DMX immediately if there are any errors. The Order will continue processing unless stopped. Once the Order reaches the ‘Plating’ stage (prior to the ‘Printing’ stage), it cannot be stopped and will complete to the ‘Shipping’ stage. All Orders are only delivered to addresses within the United States.

• Print and Mail (DMX Supplied Addresses) – For print and mail Orders, DMX uses the USPS for delivery with postage paid on your behalf using a postal permit. After the production invoice is paid in full, you will receive a report on the total geography and demographics for the quantity in the Order. Once approved, DMX will draw down the mailing list from our vendor and upload it to our mailing department. DMX mailing lists supplied for customer mailings are updated using the USPS NCOA database. However, undeliverable mail is always possible, typically at a 1-6% rate in consumer mailing lists. DMX will not be held responsible for non-deliverable returned mail. The mailing list is for one-time use and is not provided to you. DMX may keep the mailing list on file for a period of no more than one (1) year from Order completion, subject to storage capacity, operational costs, and business considerations. After one (1) year, the mailing list will no longer be saved by DMX. Please contact your sales representative if you want to discuss pricing for using the mailing list more than once or for gaining access to it.
• Print and Mail (Customer Supplied Addresses) – When a customer supplies a mailing list from either another vendor or from their company database, we will not be held liable for the accuracy or deliverability of said list. We will process said list using our mailing software to determine the total postage due to the post office. Proprietary customer-supplied mailing lists are not used for any purpose other than the customer’s mailing/addressing.
• List Rental for Customer Deployment – We will, from time to time, provide mailing lists (which can contain telephone numbers) and email lists for customer usage. These lists are for one-time deployment unless otherwise agreed upon. However, when mailing or email lists are supplied to customers for their own deployment, we will not be held responsible for any damage resulting from their deployment. For email deployment, the customer must follow CAN-SPAM compliance. Telemarketing practices must meet all Federal Laws and the Do Not Call List. We are not responsible for any damages incurred when telemarketing by the customer.
• Print and Deliver – For print-and-deliver Orders, DMX uses a Carrier selected by DMX to deliver the Order to you via your preferred shipping method in the quantity specified. You must ensure that the specified delivery address is capable of accepting delivery, including the ability to unload the materials from the delivery vehicle. Carriers typically provide curbside delivery only, unless otherwise arranged. Additional fees may apply for special delivery services (e.g., lift gate). Please note that Orders can be heavier than expected (for example, 15,000 postcards may weigh over 500 lbs., distributed among 10-15 boxes). If you have any questions regarding delivery or unloading, please consult your sales representative before placing your Order.

Digital Storage: You are responsible for keeping a copy of all Digital Information used in your Orders for future work. DMX may hold the final version of Digital Information used in your Order on file for a period of no more than two (2) years from Proof approval, subject to storage capacity, operational costs, and business considerations. After two (2) years, the Digital Information used in your Order will no longer be saved by DMX.

Production Schedule and Turnaround Time: Delivery schedules, turnaround times, and other similar terms used by DMX merely reflect the average completion time of similar Orders based on our experience. Actual times will vary depending on run lengths, special customer requirements, workloads, holidays, equipment breakdowns, and other factors. All representations regarding Order timing are estimates. Once an Order has been delivered to the Carrier for delivery, this shall constitute complete and final performance by DMX, and DMX’s responsibility is satisfied in full. Any ‘target in mailbox date’ is an estimate based on information provided to us by the Carrier. Any delay, damage, or loss occurring after delivery of your Order to the Carrier is the responsibility of the Carrier, not DMX. Under no circumstances is a refund or credit issued for the postage cost after the product has been delivered to or verified/accepted by the Carrier. DMX shall have no obligation to file, pursue, or assist in pursuing any insurance claims, damage claims, or other remedies against the Carrier or any insurance provider. Any such claims are your sole responsibility.

Color Matching: Because of the differences in equipment, paper, ink, and other factors, a reasonable variation between Proof Color and the completed Order is expected, unavoidable, and shall constitute an acceptable delivery. Postcards and similar products are produced in a gang run (unless otherwise quoted), a printing method in which multiple customer jobs are combined and printed together on the same press sheet, then cut down to individual jobs. This process may result in greater variations in color, alignment, or finishing compared to dedicated press runs. DMX strives to produce a reasonable representation based on materials supplied by you; however, DMX does not guarantee color matching, alignment, or finishing. Hard-copy proofs may be available for color matching at an additional cost and may extend the production timeline.

Ownership of Preparatory Materials: Digital Information and Proofs produced by DMX remain the exclusive property of DMX unless otherwise agreed to in writing. If you want to purchase a high-resolution copy of such materials, please contact your sales representative for pricing details.

DISCLAIMERS, LIMITED LIABILITY, AND MISCELLANEOUS

Force Majeure: DMX shall not be liable or responsible for any failure or delay in performance, in whole or in part, to the extent caused by circumstances beyond its reasonable control. Such circumstances include, but are not limited to: acts of God, natural disasters, fire, flood, explosion, epidemic or pandemic, war, terrorism, or hostilities, civil commotion or riots, embargoes, strikes, labor disputes, or work stoppages, failure or delay of suppliers, utilities, transportation, or communication systems, shortage of labor or materials; equipment breakdowns, or governmental Orders, actions, or restrictions, including without limitation postal or Carrier delays, disruptions, or errors. You acknowledge that in such events, deadlines and delivery dates may be extended without penalty or liability to DMX. In no event shall DMX be obligated to refund amounts paid or be liable for any indirect, incidental, or consequential damages arising from such delays or nonperformance. DMX shall have no obligation to file, pursue, or assist in pursuing any insurance claims, damage claims, or other remedies against a Carrier or any insurance provider.

Representations: You represent and warrant that you own, have obtained, or otherwise possess all necessary rights, licenses, permissions, and authority to use, reproduce, and print all Digital Information. You further warrant that such materials do not infringe upon or violate the intellectual property rights, privacy rights, personal data laws or other rights of any third party, and that such materials are not defamatory, obscene, or otherwise unlawful.

Indemnification: You agree to indemnify, defend, and hold harmless DMX, its officers, directors, employees, shareholders, members, subsidiaries, parents, affiliates, agents, servicers, representatives, successors, and assigns, from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of these Terms and Conditions; (b) any Digital Information, including without limitation claims of infringement of intellectual property rights, defamation, or violation of applicable law; (c) your negligence, misconduct, or misuse of DMX’s or its servicer’s products or services; and (d) any claims by third parties relating to any Orders. This obligation shall apply regardless of cause, even if arising in whole or in part from DMX’s negligence, and shall survive completion of the services, delivery of goods, or termination of the Order. You hereby waive, and shall cause your insurers to waive, any right of subrogation against DMX in connection with any Order.

DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT SIGNED BY DMX, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DMX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT VARIATIONS IN COLOR, MATERIALS, AND PRINT QUALITY ARE INHERENT IN THE PRINTING PROCESS. DMX DOES NOT GUARANTEE EXACT COLOR MATCHES OR RESULTS BEYOND REASONABLE COMMERCIAL STANDARDS.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, DMX, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, SUBSIDIARIES, PARENTS, AFFILIATES, AGENTS, SERVICERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES PROVIDED, EVEN IF DMX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DMX’S TOTAL LIABILITY FOR ANY CLAIMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS STRICTLY LIMITED TO THE AMOUNT PAID BY YOU TO DMX FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM. IN NO EVENT SHALL DMX’S LIABILITY INCLUDE REIMBURSEMENT OF POSTAGE OR SHIPPING COSTS.

Governing Law and Jurisdiction: These Terms and Conditions, and any dispute arising out of or relating to the products or services provided by DMX, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising under or relating to these Terms and Conditions shall be brought exclusively in the state or federal courts located in Monmouth County, New Jersey, and you hereby consent to the personal jurisdiction of such courts.

Severability: If any provision of these Terms & Conditions is found unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement: These Terms & Conditions constitute the entire agreement between you and DMX and supersede any prior or contemporaneous understandings, oral or written.