Terms and Conditions
This Agreement is entered into by and between SimpleCertifiedMail.com L.L.C., and North Carolina Limited Liability Company with offices at 111 Commonwealth Ct., Suite 103, Cary, NC 27511-4447 (“SimpleCertified Mail.com,” “we,” “us,” or “our”) and the party on whose behalf you accept this Agreement (individually and collectively, “Client,” “you,” or “your”). In consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Client agrees that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. In addition, when using SimpleCertifiedMail.com Services, Client is subject to accept guidelines or rules applicable to the United States Postal Service (USPS) mail services. All such guidelines and rules applicable to such services are hereby incorporated by reference in this Agreement. The software, documentation, interfaces, content, and any data accompanying this Agreement are licensed, not sold, to you by SimpleCertifiedMail.com for use only under these terms. SimpleCertifiedMail.com retains the ownership of the SimpleCertifiedMail.com Services and all related software and reserves all rights not expressly granted to you herein.
SimpleCertifiedMail.com, at its discretion may make available future upgrades/updates to the SimpleCertifiedMail.com Services and software. The terms of this Agreement shall govern any services or software upgrades unless such upgrade is accompanied by a separate agreement in which case the terms and conditions of such agreement shall govern.
DESCRIPTION OF SERVICES
The SimpleCertifiedMail.com Services have been designed and developed to facilitate the preparation and management of USPS Certified Mail, Priority Mail. Priority Express Mail, and First-Class Mailing Services through our website and our Partners. Such services, along with services provided on this website, are collectively referred to herein as the “Services”.
When Client visits the SimpleCertifiedMail.com Services, or sends e-mails, they are communicating electronically and by doing so they consent to receive related communications from us electronically. We will communicate with them by e-mail or by posting notices on the SimpleCertifiedMail.com Services. We may amend this Agreement without notice to the Client by posting the changes on the SimpleCertifiedMail.com Services. These changes will be effective when posted and accepted by each user when logging in to use our systems. Client agrees that all agreements, notices, disclosures and other communications that we provide to them electronically satisfy any legal requirement.
This SimpleCertifiedMail.com Services are available only to persons over the age of 18 who can form legally binding agreement(s) under applicable law. If the Client does not qualify, they are not permitted to use the SimpleCertifiedMail.com Services or order product or services from SimpleCertifiedMail.com. We may refuse any or all our services to anyone at any time at our sole discretion.
LICENSE AND ACCESS
Subject to and conditioned on Client’s and its users’ compliance with the terms and conditions of this Agreement, SimpleCertifiedMail.com grants to Client a non-exclusive, non-sub licensable, revocable, non-transferable, limited right to license, to access the SimpleCertifiedMail.com Services to create, print and have placed in the United States Mail or with other delivery providers based upon the intended destination of such printed materials (“Printed Material”) in accordance with the terms of this Agreement. Such use is limited to Client’s internal use and solely for the purpose of Client’s internal business operations. Any rights not expressly granted to Client by this Agreement are reserved by SimpleCertifiedMail.com.
The SimpleCertifiedMail.com Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All intellectual property rights (“Intellectual Property”) associated with the SimpleCertifiedMail.com Services are the sole property of their respective owners.
The SimpleCertifiedMail.com Services are protected by copyright and other laws in both the United States and other countries.
In addition, the SimpleCertifiedMail.com Services are presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of SimpleCertifiedMail.com. All custom graphics, icons, and other items that appear on the Site are trademarks, service marks or trade dress (“Marks”) of SimpleCertifiedMail.com, its affiliates or other entities that have granted SimpleCertifiedMail.com the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of each party including SimpleCertifiedMail.com. Except as otherwise expressly authorized by this Agreement, Client may not use, copy, reproduce, modify, lease, loan, sell, reverse assemble or otherwise attempt to discover any source code, create derivative works from, upload, transmit, or distribute the Intellectual Property of the SimpleCertifiedMail.com Services in any way without SimpleCertifiedMail.com’ or the appropriate third party’s prior written permission. Except as expressly provided herein, SimpleCertifiedMail.com does not grant to Client any express or implied rights to SimpleCertifiedMail.com or any third party’s Intellectual Property. Client agrees not to for itself or for others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the SimpleCertifiedMail.com software or any services provided or any part thereof.
All information, data, text, software, photographs, graphics, messages or other materials uploaded, posted, or otherwise provided through the SimpleCertifiedMail.com Services by Client or its users, and the Printed Material (collectively, “Client Data”) is solely Client’s responsibility. SimpleCertifiedMail.com will routinely retain the Client Datafor at least ten (10) years and will use such data only in accordance with this Agreement. Client must evaluate and bear all risks associated with the use of any Client Data and mailing of their Printed Material. We will not routinely screen or review text or graphics before printing and mailing Printed Material. We cannot nor do we try to control the content of Printed Material created through the SimpleCertifiedMail.com Services. Client is solely responsible for and assume all liability arising from all Client Data. Client hereby grants all such rights and permissions in or relating to Client Data as are necessary or useful to us to perform the services and to exercise our rights to enforce this Agreement.
Client represents and warranties to SimpleCertifiedMail.com that: (I) Client and its users have the full right, power, and authority to perform any function with relation to the Client Data (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Client Data) that Client or they perform using SimpleCertifiedMail.com Services, and (2) Client owns or otherwise has the full right, power and authority to grant the rights, licenses, permissions and authorizations it grants or is required to grant under this Agreement.
LIMITATION ON CLIENT DATA
Client agrees that Client Data will not contain any financial account identifiers (e.g., credit card numbers of bank account numbers), government issued identifiers (e.g., social security and driver’s license numbers) or other types of sensitive data that is subject to specific or elevated data protection requirements such as the Gramm-Leach-Bliley Act or HIPAA (“Sensitive Personal Data”). SimpleCertifiedMail.com shall have no liability under this Agreement for Sensitive Personal Data, notwithstanding anything to the contrary herein.
Please note, however, if Client is subject to HIPAA and your Client Data includes protected health information that is covered by HIPAA, please contact us at email@example.com, and we will provide a Business Associate agreement for execution as required by HIPAA.
The Client authorizes SimpleCertifiedMail.com and its vendors and contractors to cooperate with the U.S. Postal Service and any U.S. or non-U.S. law enforcement or governmental agency, which cooperation includes but is not limited to, SimpleCertifiedMail.com voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law enforcement and/or governmental agency any or all the Client’s Data and content.
PAYMENT AND CREDIT
SimpleCertifiedMail.com services are funded by approved payment sources including direct payments from bank accounts via ACH, check, bank wire, credit card and debit card. Or other means which may be made available by SimpleCertifiedMail.com (SCM).
The Customer Services Account (CAS) is established for each Client, or for each group within a Client. The account functions as a Virtual Postage Account and maintains a balance sufficient to process all requests for USPS Certified Mail and other authorized services.
When a bank account is used for funding, the Client hereby authorizes SCM to initiate an ACH debit to the bank account identified to create a credit balance with SCM equal to the Client’s estimated monthly use of Certified Mail and other services. This is called the “Standard Account Balance”. The client also authorizes SCMC to initiate an ACH debit to refill the Client Services Account when the balance is reduced to 25% or less of the specified Standard Account Balance. ACH debits will be immediate upon the initiation of the transfers. This authority remains effective until written notice has been received by SCM of the Client’s desire to terminate this agreement.
When a credit or debit card is using for funding, the Client hereby authorizes SCM to initiate a charge to the credit or debit card to create a credit balance with SCM equal to the Client’s estimated monthly use of Certified Mail and other services. This is called the “Standard Account Balance”. The Client also authorizes SCM to initiate additional charges to refill the Client Services Account when the current balance drops to 25% or less of the specified Standard Account Balance. This authority remains effective until written notice has been received by SCM of the Client’s desire to terminate this agreement.
In all cases, the funds credited to the Client’s account will be held in a Trust Account in the name of SCM at Branch Banking and Trust (BB&T) and indemnified by a Fidelity Bond. Client will have access to the Client Services Account through the SCM website for viewing debits and credits associates with the balance, was well as for viewing and printing monthly summaries and for downloading transactions.
Client may request cancellation of a label using the Request Refund in the Delivery Information Report contained in the Reports section of the Client account. Labels may be cancelled if the label has not been scanned and Accepted by USPS. or the Date Mailed is not greater than seven calendar days. The Request for Refund of a Certified Mail is transmitted through Endicia.com and submitted to the United States Postal Service for verification and refund approval. USPS determines if the refund is approved or declined. The total Cost of Service of a Certified Mail label includes USPS postage plus transaction fees. The amount of the refund to Client’s online account will include USPS First Class postage, Priority Mail, Priority-Express, Certified Mail, Return Receipt Electronic Signature costs, Transaction Fees, and other USPS postage costs (Cost of Service) less a twenty-five- cent processing fee.
If the item is subsequently mailed after the refund has been credited to the Client account, the amount refunded will be debited to the account.
COMPLIANCE WITH LAWS
Client agrees that any Client use of the SimpleCertifiedMail.com Services will comply always with all applicable United States Federal, state and local laws, statutes, regulations, rulings and ordinances and will not take any action that harms or violates the rights of any person or entity. This Agreement will be governed by and construed under the laws of the State of North Carolina. All disputes under this Agreement shall be resolved by litigation in the courts of the State of North Carolina and the Client consents to the jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available.
The parties shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.
Client will indemnify and hold SimpleCertifiedMail.com, and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of Client Data or Client Printed Material, Client use of the SimpleCertifiedMail.com Services, and the use of this website by any person while logged on under Client User Name and Password, Client default under any provision in this Agreement, Client violation of any laws and Client violation of any rights of another person.
SimpleCertifiedMail.com will indemnify and hold Client, and its subsidiaries, affiliates, officers, shareholders, employees, agents and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, arising from a claim by a third party due to or arising out of SimpleCertifiedMail.com’s default under any provision in this Agreement, SimpleCertifiedMail.com’s violation of any laws and SimpleCertifiedMail.com’s violation of any rights of another person.
Client may terminate the Agreement at any time by providing thirty days’ prior notice by email to firstname.lastname@example.org. A full refund of any balance(s) in the Payment Manager Account(s) on the date of termination will be mailed within three business days. All Certified Mail delivery information and documents will remain available to the client for the retention period stated.
SimpleCertifiedMail.com, in its sole discretion without notice to Client, may: (1) terminate Client access to the SimpleCertifiedMail.com Services or Client use of any feature of the SimpleCertifiedMail.com Services, (2) remove and discard any of Client Data , (3) refuse to mail any Printed Material and /or (4) terminate the SimpleCertifiedMail.com Services, or any feature on the SimpleCertifiedMail.com Services. SimpleCertifiedMail.com will not be liable to Client or any third-party for any suspension or termination of Client access to the SimpleCertifiedMail.com Services or Client Data. A full refund of any balance(s) in the Payment Manager Account(s) on the date of termination will be mailed within three business days.
DISCLAIMER OF WARRANTIES
Client use of the SimpleCertifiedMail.com Services is at Client’s sole risk and the entire risk is upon Client as to satisfactory quality, performance, accuracy and effort of the use and performance of the SimpleCertifiedMail.com Services. This SimpleCertifiedMail.com Services are provided on an “as is” and “as available” basis. SimpleCertifiedMail.com disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a purpose and non-infringement.
SimpleCertifiedMail.com makes no warranty that (1) the SimpleCertifiedMail.com Services will meet Client requirements, (2) the SimpleCertifiedMail.com Services will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the SimpleCertifiedMail.com Services will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by Client through the SimpleCertifiedMail.com Services will meet their expectations, (5) that any Printed Material will be received by an addressee, (6) any errors in the SimpleCertifiedMail.com Services will be corrected and (7) that any services performed or provided will continue to be made available, that the software or services will be made compatible or work with any their party software, applications or third party services. Any material downloaded or otherwise obtained using the SimpleCertifiedMail.com Services is done at Client own discretion and risk and they are solely responsible for any damage to their computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by Client from SimpleCertifiedMail.com or through or from the SimpleCertifiedMail.com Services shall create any warranty not expressly stated in this user agreement. No oral or written information or guidance given by any SimpleCertifiedMail.com authorized representative shall create a warranty.
LIMITATIONS OF LIABILITY
To the extent not prohibited by law, in no event shall SimpleCertifiedMail.com be liable for personal injury, or any special, indirect, incidental or consequential damages whatsoever including but not limited to damages for loss of corruption or loss of data, failure to transmit or receive any data or information, profits, business interruption or any other commercial damages or losses arising out of or related to your use or inability to use the SimpleCertifiedMail.com software or services. In no event shall SimpleCertifiedMail.com’s total liability to Client or others for all damages exceed the amount of one hundred ($100.00), except for SimpleCertifiedMail.com’s indemnification obligations.
This Agreement is the entire agreement between Client and SimpleCertifiedMail.com and supersedes all prior or contemporaneous agreements regarding the use of the SimpleCertifiedMail.com Services. No amendment to or modification of this Agreement will be binding unless in writing and signed by SimpleCertifiedMail.com.
Effective Date: July 12, 2021
Last Updated: July 12, 2021