Terms and Conditions

 

SIMPLECERTIFIEDMAIL.COM TERMS OF USE & END USER AGREEMENT 

PLEASE READ THE TERMS OF USE AND END USER AGREEMENT CAREFULLY BEFORE USING THE SOFTARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE SOFTWARE. IF PRESENTED WITH THE OPTION TO AGREE OR DISAGREE WITH THE TERMS, CLICK “DISAGREE”. IF YOU AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK “AGREE”. BY CLICKING “AGREE” OR BY DOWNLOADING, USING OR COPYING ANY PART OF THE SOFTWARE, YOU ARE AGREEING TO THE TERMS OF USE AND AGREEMENT.

SimpleCertifiedMail.com is a Software as a Service (SaaS) provider. The website, trademark and business name is owned and operated by SimpleCertifiedMail.com L.L.C., Inc. a North Carolina Corporation. Any information or transactions the Client provides to us is subject to our Privacy Policy (which Client may review by clicking on our “Privacy Policy”). Client may have transitioned to this site from other third-party web sites and any information Client provided while on that site will be governed by their privacy policy. Our End User Agreement (the “Agreement”) between Client and SimpleCertifiedMail.com governs access and services provided by this website. (this Agreement uses the terms “SimpleCertifiedMail.com” “SimpleCertifiedMail.com, L.L.C.” and “the Site” interchangeably and the use of one term shall be considered to encompass the other as well). By establishing an account with a User name and Password, Client agrees, on their own behalf and on behalf of any entity which Client represents, to accept and be bound by the terms and conditions of this Agreement. Client’s use of the Site and any purchase of products or services, now or in the future, indicate Client’s continued acceptance of our Agreement. 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 Software and reserves all rights not expressly granted to you herein.

SimpleCertifiedMail.com, at its discretion may make available future upgrades/updates to the Software. The terms of this Agreement shall govern any 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 service has 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.

PRIVACY

Client’s privacy is important to SimpleCertifiedMail.com. Our Privacy Policy is our commitment to safeguard their privacy and govern the use of information collected from them or provided by them while on the Site. Please review our Privacy Notice to understand our practices.

ELECTRONIC COMMUNICATIONS

When Client’ visits the Site, 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 Site. We may amend this Agreement without notice to the Client by posting the changes on the Site. 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.

USER ELIGIBILITY

This Site is 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 Site 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 SITE ACCESS

SimpleCertifiedMail.com grants a non-exclusive, non-sub licensable, revocable, non-transferable, limited right to license, to access the Site and it 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. Any rights not expressly granted to Client by this Agreement are reserved by SimpleCertifiedMail.com.

PROPRIETARY RIGHTS 

The Site and any software used about the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All intellectual property rights (“Intellectual Property”) associated with the Site and its contents are the sole property of their respective owners.

SimpleCertifiedMail.com, its affiliates or third parties. The Site is protected by copyright and other laws in both the United States and other countries.

In addition, the Site is 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 Site 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.

USE OF OUR SITE 

SimpleCertifiedMail.com will not read or disclose to third party’s private postal or electronic communications that are transmitted using SimpleCertifiedMail.com services except as required to operate the service or as otherwise authorized by law.

ADDRESS INFORMATION

We consider Client mailing lists and documents to be private information. All document and list files submitted will be used solely to produce Client’s mailings. Electronic information submitted is securely stored only for the time specified in our Terms of Service after such time data is purged from our system.

CLIENT CONTENT

All information, data, text, software, photographs, graphics, messages or other materials (“Content”) the Clients upload, post, using the Site is solely their responsibility. SimpleCertifiedMail.com will routinely retain the Content for at least ten (10) years and will use such Content only in accordance with this Agreement and the SimpleCertifiedMail.com Privacy Policy. Client must evaluate and bear all risks associated with the use of any of their Content 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 on the Site. Client is solely responsible for and assume all liability arising from all Printed Material that Client and any other person using their User Name and Password to print and mail using the Site. Client represents and warranties to SimpleCertifiedMail.com that: (I) Client authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that Client or they perform using SimpleCertifiedMail.com services.

CLIENT INFORMATION

All information Client provides during the registration process or through any other feature on the Site will be referred to as “Client Information.” SimpleCertifiedMail.com will only use Client Information in accordance with our Privacy Policy. 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 Information and Content.

PAYMENT AND CREDIT

SimpleCertifiedMail.com services are funded by one of the approved payment sources: ACH, check, bank wire, 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.

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”. Client also authorizes SCMC to initiate an ACH debit to refill the Client Services Account when the balance is less than 25% 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.

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

REFUNDS 

Client may request cancelation 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 Site 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.

INDEMNIFICATION

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 Information, Client Content, or Client Printed Material, Client use of this Site, and the use of this Site 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, 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.

TERMINATION

Client may terminate the Agreement at any time by providing thirty days’ prior notice by email to assistance@simplecertifiedmail.com. 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 Site or Client use of any feature of the Site, (2) remove and discard any of Client Information and Client Content stored on the Site, (3) refuse to mail any Printed Material and /or (4) terminate the Site, or any feature on the Site. SimpleCertifiedMail.com will not be liable to Client or any third-party for any suspension or termination of Client access to the Site or Client Content. 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 Site 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 software. This Site is 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 Sitewill meet Client requirements, (2) the Site will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Site will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by Client through our Site will meet their expectations,

(5) that any Printed Material will be received by an addressee, (6) any errors in the Software 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 this Site 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 Site 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.

COMPLETE AGREEMENT:

This Agreement is the entire agreement between Client and SimpleCertifiedMail.com and supersedes all prior or contemporaneous agreements regarding the use of the software of Site. No amendment to or modification of this Agreement will be binding unless in writing and signed by SimpleCertifiedMail.com.