Terms & Conditions1) This Virtual Mailbox Service Agreement ("Agreement") is made and entered into by the customer identified above ("Customer") for the use of and services related to a mailbox (the "Mailbox") at Total Office Services identified henceforth as ("TOS") under the terms set forth herein.
2) Customer agrees that Customer will not use TOS premises or any TOS services for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by U.S. postal regulations. Customer further agrees that any use of the Mailbox shall be in conformity with all applicable federal, state and local laws. Each individual or entity must complete a separate U.S. Postal Service Form 1583 ("Form 1583") to be authorized to receive mail or packages at the Mailbox.
3) This Agreement and Form 1583 shall remain confidential, except that this Agreement and Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, Customer agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. Customer further agrees to sign an updated version of this Agreement and Form 1583 upon request.
4) Upon expiration, cancellation or termination of this Agreement, TOS will:
a. Retain Customer's mail, other than Unsolicited Mail, at the Center for a period of ten (5) days, if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed.
b. Discard or destroy any "Unsolicited Mail" (e.g., bulk mail; mail addressed as "occupant," "current resident" or similar designation; or coupons, advertising or other promotional material) delivered to or remaining at TOS.
c. Refuse any package addressed to Customer delivered by any party other than the U.S. Postal Service, such as a commercial courier service.
5) Upon cancellation or termination of this Agreement, TOS may:
a. Refuse any mail or package addressed to Customer and delivered to TOS.
b. Discard or destroy any of Customer's mail or packages delivered to or remaining at TOS at such time.
6) The term of this Agreement shall be the initial period paid for by Customer and any renewal period paid for by Customer from time to time. Renewal of this Agreement for additional terms shall be at TOS’s sole discretion.
7) Customer agrees that the TOS may terminate or cancel this Agreement for good cause at any time by providing Customer thirty (10) days written notice. Good cause shall include but is not limited to: a) Customer abandons the Mailbox; b) Customer uses the Mailbox for unlawful, illegitimate or fraudulent purposes; c) Customer fails to pay monies owed the Center when due; d) Customer receives an unreasonable volume of mail or packages; e) Customer engages in offensive, abusive or disruptive behavior toward other customers of TOS or TOS's employees; and f) Customer violates any provision of this Agreement. Customer acknowledges that, for the purpose of determining good cause for termination of this Agreement as provided herein, the actions of any person authorized by Customer to use the Mailbox will be attributed to Customer.
8) Any written notice to Customer required or permitted under this Agreement shall be deemed delivered twenty-four (24) hours after placement of such notice in Customer's Mailbox or at the time digitally delivered to Customer. In the event of a termination notice based upon abandonment of the Mailbox, notice shall be deemed delivered on the next day after placing in the hands of a commercial courier service or the United States Postal Service.
9) As Customer's authorized agent for receipt of mail, TOS will accept all mail, including registered, insured and certified items. Unless prior arrangements have been made, TOS shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from TOS as a condition of delivery. Customer must accept and sign for all mail and packages upon the request of TOS. Packages not picked up within one day of notification will be subject to a storage fee of $5.00 per day per package, which must be paid before Customer receives the package. In the event Customer refuses to accept any mail or package, TOS may return the mail or package to the sender and Customer will be responsible for any postage or other fees associated with such return.
10) Customer agrees to protect, indemnify, defend and hold harmless TOS, KJS Enterprises, LLC, and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs and causes of action of every type and character arising out of or in connection with the use or possession of the Mailbox, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from such use or possession, from failure of the U.S. Postal Service or any commercial courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), from damage to or loss of any package or mail, or to the Mailbox contents by any cause whatsoever, and from any violation by Customer of applicable federal, state or local laws.
11) CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF TOS, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100.00 REGARDLESS OF THE NATURE OF THE CLAIM.
12) Customer must use the exact mailing address for the Mailbox without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed "Undeliverable as Addressed."
13) Delivery by commercial courier services must be made to TOS street address only (and not to a P.O. Box). Upon signing this Agreement, Customer shall provide two forms of valid identification, one of which shall include a photograph. This Agreement may not be amended or modified, except in a writing signed by both parties.
14) Virtual Mailbox holders agree to keep a current credit card on file with Total Office Services (TOS). Virtual Mailbox holders will notify TOS when they change credit cards and when it becomes necessary to update any other payment information.
15) A 30-day notice is required for all Virtual Mailbox holders when cancelling service. Virtual Mailbox holders are responsible for all charges during their regular term and during the 30-day cancellation period. A service fee of $25.00 may be charged for any late payments and mail and service may be withheld until all payments are completed.
16) A Virtual Mailbox is not a substitute for a physical mailbox. Virtual Mailbox only service may incur charges for mail and package pickup, receiving and storage from the first day such items are received. Customer may have these items forwarded, shredded (if applicable), stored or destroyed at their direction. Customer agrees to pay for any applicable charges.