The PLDGroup Inc
The PLD Group General Terms & Conditions
Pricing
- The PLD Group may, commencing on the first anniversary of the agreement and each successive anniversary, increase prices by no more than ten (10%) percent above the price in effect for the previous twelve (12) months. All price changes are effective thirty (30) days after written notice by The PLD Group. Postal increases will be passed through at increased increments when they happen.
System's Development
- The PLD Group will develop all required systems, job programs, and forms (if applicable) at a fixed cost as set forth in the Pre Production Services section of The PLD Group Service Agreement & Project Pricing (“Pre-Production Costs”). If the Pre-Production Costs are initially waived, and in the event The PLD Group Service Agreement & Project Pricing is terminated within the first two years by Customer, without reasonable cause, the Pre-Production Costs will become due and included in the final invoice from The PLD Group. Any changes to the agreed upon job requirements which cause an increase in the Pre-Production Costs will be made at the minimum charge as established in The PLD Group Service Agreement & Project Pricing.
Set up Cost
- Substantial time and effort is expended for programming by The PLD Group in order to begin setting up programs to service a new customer. While the set-up fees are generally waived for new customers, in the event that The PLD Group expends resources for a new or prospective customer and the customer elects not to go forward and retain The PLD Group without reasonable cause, The PLD Group may charge the customer for its reasonable costs and time expended, not to exceed two thousand dollars ($2000.00) and customer agrees to pay that sum if requested by The PLD Group.
Postal Deposit
- A refundable postal deposit equivalent to 2 months of estimated postage will be secured prior to systems development implementation. Postal deposit will be held for prepaid postal fees in a non-interest bearing account. If for any reason this agreement is terminated, the postal deposit will be returned, without benefit of earnings. In the event the account is closed for nonpayment, or a closing balance is outstanding, the postal deposit will be applied to the account balance.
Invoice Terms
- Charges to customer made under this agreement shall be invoiced monthly, unless other terms are agreed to. Invoices shall be due and payable upon receipt. Any amount not paid within thirty (35) days of invoice shall bear delinquency charges at the rate of (1.50%) percent per month (or fraction thereof), beginning from the date of invoice, or the maximum legal rate, (whichever is higher) until paid. If customer fails to pay any amount when due, The PLD Group may upon written notice (1) terminate this agreement (2) suspend performance, and declare any unpaid balances immediately due and/or (3) apply postal deposit to any balances. If # 2 is used, more than 2 times within a calendar year, reactivation will commence with a price increase not to exceed 10% of the price in effect at the time performance is suspended, due to the slow payment history. After one year of non-suspended performance, the customer’s account may be reviewed to possibly reinstate the pre-increase pricing. If #3 is used, a postal deposit at twice the original rate will be required to reinstate account to a good standing. In addition, customer shall pay all federal, state, and local taxes based upon or arising out of the services rendered and goods provided to customer under this agreement. Return checks by the bank may include a $25.00 handling fee for each occurrence.
Force Majeure
- Neither party shall be held responsible for any delay or failure in performance for causes beyond its reasonable control, including without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations imposed after the fact, fire, power failure, earthquakes or other disasters, natural or otherwise
Change & Modification
- Customer may modify specifications for any particular application by furnishing revised specification in writing to The PLD Group, which will supersede the previous specifications. If such a modification increased the cost to The PLD Group of performing the required application, then notwithstanding the limitations or requirements of Section 4, hereof, The PLD Group may immediately increase its prices accordingly such increase to be effective immediately upon receipt of written notice thereof by customer. The PLD Group shall set forth in writing and in reasonable detail the basis for calculations any such increase in cost. The PLD Group calculations shall be conclusive and binding upon customer if customer directs The PLD Group to proceed with such work. Any service performed, not listed in this agreement will be invoiced by The PLD Group with current prevailing rates.
Confidentiality of Information
- The PLD Group will treat as confidential information all customer information and will make the same effort to safeguard such information as it does in protecting its own proprietary data. Customer data stored at The PLD Group shall remain the exclusive property of customer. The PLD Group will not reproduce, copy, duplicate, disclose or in any way treat the information supplied by customer in any manner except as provided for in this agreement.
Limitation of Liability
- Liability on the part of The PLD Group for loss, destruction or damage by breakage, leakage, theft or accidental causes shall be limited to reprocessing of any services or printed materials lost or destroyed, at no additional charge to customer. Customers are responsible for maintaining proper backup of source material sent to The PLD Group. Except as specifically provided in the agreement. The PLD Group shall have no liability for damages resulting or claimed to have resulted from erroneous or incomplete compilation, processing or transmission of information of data. In no event shall The PLD Group be liable to customer for indirect, incidental, special or consequential damages, (including without limitation, liability of customer to third parties) arising out of this agreement, and in no event shall The PLD Group liability exceed an amount equal to twice the average monthly amount which has been paid to The PLD Group for processing and providing applicable services hereunder for the immediate preceding four (4) months or, with respect to goods and supplies, the price paid The PLD Group for the particular goods and/or supplies involved. Postage or shipping charges shall not be included in any such calculations, nor shall any after expense for which customer is to reimburse The PLD Group
Express Disclaimer or Warranties
- Except for the express representations and warranties herein set forth, no other warranties, express or implied, including without limitation the warranties of merchantability or fitness for any particular purpose, are made by The PLD Group for any services performed or products provided hereunder.
Notices
- All notices given hereunder shall be in writing and shall be sent by regular mail postage prepaid to the parties at the address set forth on the signature page of The PLD Group Service Agreement & Project Pricing, with a required copy to the customer:
Assignment
- This agreement is between The PLD Group and customer. Customer shall not have the right (whether by operation law or otherwise) to assign this agreement or delegate performance to any third party without The PLD Group prior written consent. Any such assignment or delegation with The PLD Group shall be void and of no effect; provided, however, that any such attempted assignment or delegation shall constitute a material breach of the agreement, allowing The PLD Group the non-exclusive remedy of immediately terminating this agreement without penalty to The PLD Group. The PLD Group shall not unreasonably withhold or delay its consent where such assignment is to the purchaser of all or substantially all of customer’s assets or where such assignment is to a corporation controlled by controlling, or under common control with customer, where such corporation has substantial assets. This agreement and any interest hereunder shall be freely assignable by The PLD Group.
Construction
- This agreement shall be in accordance with laws of the State of California. If any provision of this agreement is determined to be invalid or unenforceable, the remaining provisions of this agreement shall not be affected thereby and shall be binding upon the parties hereto and shall be enforceable as though such invalid or unenforceable provision were not contained herein.
Terms
- The term of this agreement shall be considered evergreen. Either party upon 30 days advance written notice to the other party; may elect to terminate the agreement. In the event of customer’s failure to pay fees and failure to cure as provided herein, The PLD Group may terminate this agreement without further notice. Termination from the customer without 30 days written notice will incur a closing invoice in the amount of an average month of services based on the last 6 months. If 6 months of service is not available, the actual length of service will be used. Inactivity of services for 4 months will be considered self-termination – without notification by the customer. Final invoices will be calculated from the last date of active service. If customer request reactivation, no reasonable request will be denied. There may be a reactivation charge of $50.00 plus any postal deposit previously refunded.
Entire Agreement
- This agreement constitutes the entire agreement between customer and The PLD Group with respect to the subject mater hereof and shall supersede any inconsistent and/or additional terms in customer purchase order’s or other documents submitted to The PLD Group. Only a written instrument executed by both parties may amend this agreement.
Specific Terms and Conditions for 'undeliverables'
- Performance: The PLD Group shall use due care in researching all addresses and pertinent information needed to mail ‘undeliverable’ statements/invoices. The PLD Group cannot and does not represent or warrant that all information obtained will be complete and accurate. The PLD Group shall not be responsible or liable for any inaccuracy of the data. The PLD Group Inc’s liability shall in all cases be limited to the amount actually paid by the customer. The PLD Group shall not be liable for any consequential damages under any circumstances.
Specific Terms and Conditions for Process/Print & Mail
- Performance: The PLD Group shall use due care in processing all work submitted by customer and at its expense, shall rerun or credit any job which cannot be used in the normal course of business due to errors made by The PLD Group. If The PLD Group fails to supply acceptable quality services and products to customer and The PLD Group has been given written notice of such problems and has failed to correct same within thirty (30) days, customer shall have the right to terminate this agreement.
Specific Terms and Conditions for 'Smart Return':
- Performance: The PLD Group shall use due care in processing all return mail received. If The PLD Group fails to supply acceptable quality services to customer and The PLD Group has been given written notice of such problems and has failed to correct same within thirty (30) days, customer shall have the right to terminate this agreement.
End of Terms & Conditions
The PLD Group Inc.
31265 Reserve Dr. Ste A, Thousand Palms, CA 92276-6611
Telephone:(760) 343-0700 | Toll-Free:(877) 210-9377 | Fax:(760) 692-9507
Web: www.thepldgroup.com
Email: thepldgroup@thepldgroup.com
Last revised July 25, 2016