Production Media Company

Complaint: [redacted]I am rejecting this response because: He does not address that they did not comply to the agreed contract. As per the emails forwarded to you and I assume the Business. I agreed to an additional payment of $186 with an additional 120 days to pay the balance as stated in the email from the employee of the business of $375. Not at any time did I authorize a payment of $385. The contract I forwarded as well stated that the only payment needed to make in 30 days was $186 which was paid that day. The employee misrepresented the contract and the sell. Julie G[redacted] told me I was sold the wrong product- my options were to cancel or to upgrade. We now have misrepresentation by Julie G[redacted], refusal to acknowledge my very legitimate complete, being spoken to very disrespectfully by Corey, and the business voiding the contract by not adhering to the agreed terms. Which I have provided evidence and statements on. Sincerely,[redacted]

IN THE BUSINESS RESPONSE, THE STATEMENT WAS MADE THAT THE COMPANY DID BUSINESS WITH ANOTHER PARTY, [redacted].  PLEASE BE AWARE THAT Revdex.com DOES NOT ACCEPT THIRD PARTY COMPLAINTS EVEN FROM A SPOUSE.  Revdex.com MUST HAVE AUTHORIZATION FROM [redacted] THAT SHE WISHES TO CONTINUE IN THE COMPLAINT PROCESS SUBMITTED BY [redacted].  IF [redacted] WISHES TO PURSUE THIS MATTER, PLEASE HAVE HER SEND EMAILED CORRESPONDENCE TO:  [redacted] SPECIFICALLY STATING THAT SHE WISHES TO CONTINUE IN THE COMPLAINT PROCESS SUBMITTED BY [redacted].  THIS EMAILED CORRESPONDENCE MUST INCLUDE HER NAME, ADDRESS, CITY, STATE, ZIP CODE AND EMAIL ADDRESS.To Whom it May Concern:My husband and business partner, [redacted], submitted a complaint against Production Media Company in December. The paragraph above is the response he received. I would like to pursue the complaint and it can be done under my name, [redacted].I was contacted via phone by Production Medica Company in Feb/Mar of 2016. I was told I could make 3 payments for an ad that would be run with [redacted] of [redacted] Real Estate. I was told the ad would be on folders that the real estate office would be using to give to each of their clients. The first sign of trouble was that the first payment was charged as expected, but then the remaining full amount was charged unknowingly. I called and no one could give me a straight answer.My biggest complaint is that we were told time and time again that the folder was going to print and we should be receiving it by such and such date, and nothing happened. I called, emailed, requested a refund for the next 6 months. I even have an email from Daniel W[redacted] at Production Media Company stating that if the folder was not delivered by a certain date, I would receive my refund. The date came and went, no word from Daniel. He has lied over and over and over again when I call, put me on hold for 30 min at a time and never come back on the phone. He told me a check was cut and sent and that he would make sure it was done again. I have spent far more time than is worth the $300 we’ve lost but I just can’t handle the dishonestly of other businesses. For this reason I do want to pursue the complaint and hope to save others the headache of dealing with this fraudulent company.Thank you,[redacted]

Complaint: [redacted]I am rejecting this response because: The 2nd amount of $187.50 was never drafted from my account, nor was an invoice ever sent to me asking for the $187.50. To call this delinquent is insulting. 
$197.50 was drafted for the first agreement on 10-28-15 and $187.50 for the second agreement was posted on 10-30-15. 20 days later, the 2nd amount of $197.50 for the first agreement was drafted. No funds were ever drafted for the 2nd installment of the 2nd agreement which according to my math, should have occurred on 11-30-15. I would have paid this manually with an invoice. Silence is never the answer. Essentially, at a minimum, I am owed the 1st installment of $187.50 for the 2nd agreement, which was paid, but no folders have been printed. However, I want the full $770 returned to me. I believe this is a fair price to pay for bad business. Bad business because, even though this transaction happened in 2 parts, the whole agreement was tainted with the single ad on the Keller Williams folders. The deal was, for the additional money, I would have a double ad with a QR code in both sets of folders. 
I do not believe that is was my fault the 2nd installment was never drafted. I never received a notice regarding insufficient funds, or an invoice for a manual payment. I was under the impression everything was as agreed to. 
As for the exclusivity. Maybe this is my fault for not requesting this in writing, but I did not expect to be taken advantage of. Both reps on the phone told me I would be the only agent on the folders. I would have never agreed to this without exclusivity. If a refund is not possible, the next step will be civil litigation.Sincerely,[redacted]

[redacted]DOCUMENT ATTACHED[redacted]
Revdex.com serving Alaska, Oregon and Western Washington PO Box 1000DuPont, WA 98327
Re: Complaint ID [redacted]
To Whom It May Concern:The Consumer initiated this Complaint seeking a refund on the grounds that he has "lost all faith" that the Business will...

perform the service.  Because the Business has fully performed the service and because the parties ' agreement is not cancellable, the Business respectfully requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort.
The Consumer purchased an advertisement to be printed in homework folders and circulated for one year at an elementary school in his area.  Please find enclosed on pages three and four copies of the receipt and terms and conditions of the purchase.  Please also find enclosed on pages five through eight printouts of emails, which explicitly show that the merchant sent attached copies of the receipt and terms and conditions to the Consumer at the time of the purchase.
Pages nine through fourteen are printouts of emails showing that the Consumer submitted artwork and instructions for the design of the advertisement and that the Business ' professional graphic designer used that information to provide a design proofs of an original, customized advertisement.
By providing artwork and participating in the proofing process, the Consumer participated in the service.  By participating in the service, the Consumer evidenced that he accepted the terms and conditions of the purchase.  Moreover, a legally-enforceable contract exists whenever parties exchange offer, acceptance, and consideration.  In this case, the Business offered the advertising service.  The Consumer accepted the offer and evidenced his acceptance by paying and participating in the service. The parties exchanged consideration in the form of payment , performance of service, and promises to perform contract duties. Therefore, the parties are bound to the terms and conditions in the eyes of the law.
Page fifteen is a copy of a receipt showing that the Business ordered the printing of homework folders for the same school as promised on the terms and conditions of the sale.  Page sixteen is a copy of a FedEx delivery report showing that the homework folders have been shipped to the school for circulation.  Inother words, these documents are independent, third­ party verification that the Business fully performed the service.
The Consumer complains that the Business processed a second transaction and claims it was theft.  Of course, the Consumer's claim is nonsense for several reasons.  First, the Business already refunded the transaction , as this Complaint acknowledges.  Second, this Complaint acknowledges that the Business sent the Consumer notices of the second transaction .  Obviously, a party intending to commit a theft would not send notice of it.  Third, money disputes arise frequently in the Business context, and they are civil disputes, not criminal disputes. Fourth, this error arose from an unintentional misunderstanding between the Consumer and one of the Business ' salespeople.  The Consumer intended to make his argument stronger by including incendiary accusations, but of course, he simply made it obvious that this Complaint is the  product of unreasonable anger, rather than any kind of actual substance.  Furthermore, the Revdex.com does not mediate complaints that include accusations of criminal conduct.
The terms and conditions read in bold print and capital letters that the agreement cannot be canceled .  Therefore, the Consumer is not entitled to unilaterally demand cancellation of the agreement or refund of his payment.  Even if the Business desired to accommodate a request for cancellation, it could not, because printed advertisements cannot be unmade or removed from circulation.
Because the Business has fully performed the service and because the parties ' agreement is non-cancellable, this case must be closed in the Business' favor. Please forward this response to the Consumer, and advise the Business if any further communication is necessary .

To Whom It May Concern:Please find attached the Business' response to Complaint ID [redacted], along with supporting documentation for its position.With Respect,Tim M[redacted], esq.General CounselProduction Media Companyd/b/a School House Folders[redacted] ext. [redacted](F) [redacted]. Tim...

M[redacted]@productionmediaco.comwww.productionmediaco.comwww.schoolhousefolders...⇄ />  
Re: Complaint ID [redacted] To Whom It May Concern: This Complaint was initiated by the Consumer claiming that the Business hasn't performed the service he purchased. The Complaint has been addressed directly with the Consumer, however this response contains the Business' evidence that it fully performed the service. The Consumer purchased two advertisements for his business to appear in homework folders and be circulated at each of two schools. As part of the purchase, he deposited half of the payment with the remainder due in forty-five days. Please find enclosed on page three a copy of the contract and pages four through six copies of the receipts for each of the payments. Pages seven and eight are a printout of an email string in which the Business sent a copy of the contract to the Consumer at the time of the purchase. The Business' email specifically shows that it contained an attachment of the contract, and it requests that the Consumer review it prior to replying "CONFIRMED" to complete the purchase. That same email string shows that the Consumer replied "CONFIRMED" from an email registered to his name and business name and signed his name, position, and contact information. The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature. The Consumer's email reply constituted an electronic counterpart acceptance. Therefore, the Consumer clearly accepted the terms of the contract. Part of the service the Consumer purchased was access to the Business' in­ house graphic design team for assistance creating an advertisement. Please find enclosed on page nine a printout of an email string showing the Business provided a proof of the advertisement for the Consumer's approval or changes. The Consumer responded with a modification to the advertisement that he had made himself. Pages ten and eleven are copies of print order receipts showing the Business ordered the printing of the publications to be delivered to the same schools as promised on the parties' contract. Pages twelve and thirteen are copies of FedEx delivery confirmations showing the shipments successfully arrived to those two schools. In other words, these documents are independent, third-party verification that the Business fully performed the service to design, print, and place the advertisements into circulation. On or about June 29, 2015, approximately three days after he initiated this complaint, he also emailed the Business' salesperson threatening a lawsuit naming the salesperson as a defendant individually. Because of the nature of the threat and because of its unreasonable timing, I called the Consumer directly in my role as the corporation's attorney to explain that the service had been initiated many months prior to his email threat, and also many months prior to this Complaint. The Consumer stated that he had read poor internet postings about the company's service. I explained the specifics of the delivery of the service. As a result, it seems that this Complaint is based on irrelevant misinformation about the Business' ability to perform unrelated services. The Consumer probably should have simply checked to see whether the advertisements he purchased were in circulation. In any case, the Business believes the enclosed supporting documentation and its counsel's conversation with the Consumer have resolved this Complaint. Please forward this response to the Consumer, and advise the Business if any further communication is necessary.
 
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]

To Whom It May Concern:             The complainant claims to have been promised a refund.  The Business does not have any record of promising a refund.  Indeed, its policy is generally that purchases are nonrefundable, and the contracts related to the complainant’s claims state that they were non-cancellable in bold print and capital letters.The records are also unclear that the complainant was the actual purchaser of the service.  The Business has been able to locate purchase contracts using the address listed in this Complaint, and the Business has discovered that the design of the service, along with several documents, did contain the complainant’s name.  However, the individual and business names listed on the contracts differ from the complainant’s name.  Therefore, the Business continues to believe that this Complaint is in violation of the Revdex.com’s own rules, because the complainant must also be the purchaser.  Nevertheless, because this Complaint has extended for some time without resolution and because the complainant has provided a bank statement that purports to tie all documents to this same matter, the Business will state its position on the good faith assumption that the complainant was the actual purchaser.The complainant also claims that the advertisement she purchased was not the correct size.  As the supporting documentation will show, the size of the advertisement was exactly as promised in writing at the time of the purchase.The complainant also claims that she believed she would be the only advertiser from her industry in the publication.  As the supporting documentation will show, the complainant’s contracts also specifically stated that the Business could not promise that her business would be the only advertiser from her industry.For all the reasons listed hereinafter and conclusively supported by documentation, the Business declines the Consumer’s Desired Settlement of a refund, and respectfully requests that this Complaint be closed and marked as satisfied or, at least, that the Business made a good faith effort to resolve the matter.            The complainant purchased advertising to be printed in presentation folders and circulated for two years by real estate agents who work for five third-party real estate groups.  The purchase occurred in two parts.            Please find enclosed on pages four and five copies of the contract and transaction receipt associated with the first part of the purchase.  Please also find enclosed on pages six through eight a printout of an email string, which explicitly shows that the Business sent an attached copy of the contract to the complainant at the time of the purchase.  The Business’ email requested that the complainant review the contract prior to replying “CONFIRMED” to complete the purchase.  That same email string shows that the complainant’s agent replied “CONFIRMED” from an email address originating from the complainant’s business’ domain, and she signed her name.            The email and contract both stated that electronic counterpart acceptance of the contract is effective in lieu of a signature.  The complainant’s agent’s email reply constituted electronic counterpart acceptance.  Therefore, the complainant clearly accepted the terms of the contract.            Pages nine and ten are copies of the contract and transaction receipt associated with the second part of the purchase, an expansion of the same advertising service.  Pages eleven through thirteen are a printout of an email, which explicitly shows that the Business sent attached copies of the second contract and transaction receipt to the same email address, along with notice that the upgrade purchase was complete.            Attached to aforementioned emails was the Business’ Art Guidelines, a document that explains the ideal method for completing the proofing process.  Please find a copy of those Guidelines attached on page fourteen.  The aforementioned contracts state that the complainant was promised a double-sized advertisement.  The Art Guidelines, which was attached to the same email as the contracts, gave the exact dimensions of a double-sized advertisement.  In other words, the complainant’s claim that she was promised a full-page ad is false.  In fact, the advertisement was printed onto the presentation folders themselves.  There were no advertising inserts.  Therefore, a full-page advertisement simply is not available on a publication that only has a surface area of front, back, and interior pockets.            As to the complainant’s claim that she was promised to be the only advertiser from her industry, both contracts read, in bold print and capital letters, “EXCLUSIVITY IS NOT AVAILABLE UNLESS SPECIFICALLY STATED HEREIN.”  They also both read, “Contained in the contract is the entire agreement between [the complainant] and [the Business].  All negotiations have been integrated into this contract.”  Finally, they also read, in bold print and capital letters, “THE [COMPLAINANT] HAS NOT RELIED ON ANY PROMISES, STATEMENTS OR REPRESENTATIONS NOT CONTAINED HEREIN.”  In other words, the Business did everything in its power to notify the complainant in advance that any terms or conditions she desired to be part of the purchase must be written into the contract.  Of course, the purpose of such clauses is to protect either party from false claims, such as those in this Complaint.  In fact, “integration” clauses are quite common in business-to-business contracts.  “Integration” means that all negotiations and previous documents that might purport to show pieces of the agreement have been “integrated” into one, final, and complete contract that represents all aspects of the agreement.            Part of the service the complainant purchased was access to the Business’ professional graphic design team for assistance creating an original, customized advertisement.  Pages fifteen through twenty-two are printouts of numerous emails between the complainant’s agent and the Business’ graphic designer.  They show that the complainant supplied artwork and instructions for the design of the advertisements and that the Business used that information to provide numerous design proofs for approval or changes.  Most importantly, they show that the complainant’s agent replied, “I Approve” the design from the same email address as above.            In other words, the complainant approved this portion of the service in writing.            Pages twenty-three through twenty-six are copies of UPS and FedEx delivery reports, which show that the Business successfully shipped the presentation folders to the same real estate agents as promised on the complainant’s contracts.  In other words, these documents are independent, third-party verification that the merchant fully performed the service.            Both of the complainant’s contracts read, in bold print and capital letters, “THIS CONTRACT SHALL NOT BE CANCELED.”  Therefore, the complainant is not entitled to unilaterally demand cancellation of the contracts or refunds of the payments.Based on the foregoing, the Business declines the Consumer’s Desired Settlement of a refund.  Please forward this response to the complainant, and advise the Business if any further communication is necessary. With Respect,Tim M[redacted], Esq.Independent Counsel representing Production Media Company(Messages) 800-962-2587 ext. [redacted](F) 330-423-0424[redacted]@productionmediaco.com See email sent to Revdex.com agent.*Please view attached documents.

Subject: Complaint ID [redacted] Business ResponseThe Business apologizes to the Consumer for the delay in the printing of her advertisement and agrees to refund her payment by mailing a refund check to the address in this Complaint.I write further only to address the falsehoods in the Consumer's...

claims.  The Consumer claims, on the hand, that the Business committed a fraud, but on the other hand, her Complaint acknowledges that she has verified that the Business has an agreement to print advertising to be circulated at the parties' agreed-upon venue.  Of course, both cannot be true.  The Business is simply tardy printing the advertisement, for which the Consumer has every right to complain.  However, she does not have the right to make false claims.The Business wishes the Consumer success in her future endeavors to market and grow her business.