2017 Mailbox Terms and Conditions
1. This 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 ("Mailbox") at Bizzy Box identified above ("Center") under the terms set forth herein.
2. Customer agrees that Customer will not use the Center premises or any Center 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 conform with all applicable federal, state, and local laws. Each individual or entity must complete a separate United States 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, including Customer’s name, address, and e-mail address may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Additionally, Customer acknowledges that pursuant to postal regulations the information required to complete Form 1583 may be made available by the U.S. Postal Service to the public if “yes” in block five (5) on Form 1583 is checked. 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 a revised version of this Agreement and Form 1583 whenever any information required on this Agreement or Form 1583 changes.
4. Possession of the Mailbox Key shall be considered valid evidence that the possessor is duly authorized to remove any contents from the Mailbox. In the event of death or incapacity of Customer, the Center will require the appropriate documents from the Probate Court, the executor of the estate, the trustee or other similar person or entity before releasing mail or packages to a requesting party.
4a. A deposit of $5.00 applies per box key. The 24-hour front access key is provided free of charge. A $10.00 charge applies in case of a lost or misplaced key. The key provided to Customer is property of the Center and SHALL NOT BE DUPLICATED.
4b. Key deposit is refundable if, and only if, Customer returns the key(s) before the Mailbox term expires.
4c. If Customer appoints another person to collect mails and/or packages, the Center shall assume the possession of key to be evidence of authority. Customer who authorizes that someone else may pick up their mails and/or packages by signing/writing their name (with ID verification) on the pick-up form agrees that the Center is not responsible for the release of mails and/or packages to the person signing/writing their name on the pick-up form.
4d. Customer must write/sign their name whenever packages or any items not fitting in the Mailbox are picked up from the Center.
5. Customer agrees to pay all applicable monthly service fees and any applicable sales, use, or other taxes. Mailbox service fees are all due and payable in advance, and Customer agrees that the Center may withhold mail and packages from Customer in case of pending payment. There will be no proration or refunds for cancellation of any service. Customer agrees to pay a late fee of $10.00 if any payment is not received within fifteen (15) days of due date.
6. Mailbox service fees and other related fees stated herein are subject to change. Items that physically fit in the Customer’s Mailbox will not be counted as packages; however, any items that do not fit* in the Mailbox will be classified as packages, and Customer is allowed to receive 5 packages (1-20 lbs and/or size 1-50, whichever is bigger) per month. In the event that Customer receives more than 5 packages a month or an unreasonable volume of mail for the Mailbox size according to the Center's reasonable judgment, the Center may require Customer to upgrade to a larger-size Mailbox and pay for any applicable additional charges.
6a. An additional charge of $1.00/day for Overflowing mails.
6b. An additional charge per package for Package Storage/Handling Fee after the 5th package of the month. Package price sheet will be available at the Center service desk upon request or on the Center’s website.
• Size of Package = Length + Width + Height
• All fees are charged even if the package is trashed.
6c-1. All packages must be picked up within one weeks from delivery. Packages not picked up in one weeks without notification are subject to a storage fee of $1.00/day per item until 60 days from the receiving date.
6c-2. For BIZ clients, all packages must be picked up within one (1) business day from delivery. Packages not picked up in one (1) business day without notification are subject to a storage fee of $1.00/day per item until 60 days from the receiving date.
6d. Abandoned Packages: If the Center receives a package but does not receive the required fees and documents from Customer within 60 days, the Center will deem the package to be abandoned. Center will sell abandoned packages at public auction or private sale, without further notice to Customer.
* Exception for items that do not fit in Customer’s Mailbox: Flat envelopes that can be bended.
* If a package cannot fit inside Mailbox because of the mails in the box, it will be counted as either Overflowing Mail, which is $1/day, or as a regular package, whichever is lower.
7. Customer understands that the Center allows five (5) free names (including the primary Mailbox holder’s) to be added for each Mailbox, and agrees to provide all names under which they will receive mail. Each person receiving mail must complete a USPS Form 1583 and provide two (2) valid forms of identification, one of which shall include a photograph. The Center reserves the right to refuse or return to sender any mail and/or packages received under names that are not registered ("unknown names"). The cost for receiving mail for more than 5 names, either business or individual, is $2 a month per extra name.
8. Customer and the Center agree that upon expiration, cancellation, or termination of this Agreement:
8a. Customer must give a Cancellation Notice one (1) month prior to closing.
8b. Center reserves the right, in case of non-payment, to close the Customer’s Mailbox one (1) month after expiration of the lease or rent on Customer’s Mailbox without cancellation notice. Mails or packages received from that expiration date will be refused or returned to sender after the Mailbox is closed. If there no is further action taken by Customer after the last month, any and all of the Customer’s mail and/or packages remaining at the Center without the payment in advance for Forwarding or Storage Services will be destroyed or returned to sender. If there are remaining packages upon closure of the Mailbox, we will deem the package(s) to be abandoned. The Center will sell abandoned packages at public auction or private sale, without further notice to Customer.
8c. If Customer requests Forwarding Service after closing the Mailbox, the Center will forward or store Customer's mail (except for Unsolicited Mail) for a maximum of six (6) months upon Customer’s payment in advance of a monthly Storage Service Fee of $10.00 a month. At the time of pick up, mail will be released to Customer upon payment of applicable postage and/or packaging materials and (a) Forwarding Fee of $2.50 in case of Forwarding and/or (b) Service Fee of $5.00 in case of Storage. It is the Customer's responsibility to make arrangements with the Center to identify any mail-forwarding needs prior to the expiration, cancellation, or termination of this Agreement.
8d. After the expiration, cancellation, or termination of the Forwarding Service, the Center may refuse any mail or packages addressed to Customer and delivered to the Center and destroy any of Customer’s mail or packages remaining at the Center at that time.
9. Customer authorizes the Center to complete and file a Shipper’s Export Declaration as “agent” on behalf of Customer as “principal party in interest” when necessary and to act on behalf of Customer as Customer’s true and lawful agent for purposes of any and all re-mailing, including any re-mailing that requires the filing of a Shipper’s Export Declaration by the Center (i.e., any export transactions), in accordance with the laws and regulations of the United States. Customer further agrees to provide the Center with true, accurate, and complete information regarding the contents of any mail or packages to be re-mailed by the Center, whether during the term of the Agreement or after termination or cancellation.
10. 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 the Center's sole discretion. The contents of this Agreement are subject to change in accordance to the Center’s policies and the Center agrees to notify Customer in advance of any changes that are made to the Agreement.
11. Customer agrees that the Center may terminate or cancel this Agreement for good cause at any time by providing Customer with written notice. Good cause includes but is not limited to the following: 1) Customer abandons the Mailbox; 2) Customer uses the Mailbox for unlawful, illegitimate, or fraudulent purposes; 3) Customer fails to pay monies owed the Center when due; 4) Customer receives an unreasonable volume of mail or packages; 5) Customer engages in offensive, abusive, or disruptive behavior toward other customers of the Center or the Center's employees; and 6) 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.
12. 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 personally delivered to Customer. In the event of a termination notice based upon abandonment of the Mailbox, notice shall be deemed delivered on the day after placing in the hands of a commercial carrier service or the United States Postal Service for next-day delivery or five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage pre-paid, and addressed to Customer at Customer's address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.
13. As the Customer's authorized agent for receipt of mail, the Center will accept all mail, including registered, insured, and certified items, and, if authorized on Form 1583, restricted mail (i.e., mail where the sender has paid a fee for direct delivery only to an individual addressee or addressee’s authorized agent). Unless prior arrangements have been made, the Center shall only be obligated to accept mail or packages delivered by commercial carrier services, which require a signature from the Center as a condition of delivery. Customer must accept and sign for all mail and packages upon the request of the Center. Packages not picked up after five (5) days of delivery will be subject to a storage fee of $1.00/day per package, which must be paid before Customer receives the package. In the event that Customer refuses to accept any mail or package, the Center may return the mail or package to the sender and Customer will be responsible for any postage or other fees associated with such return. C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to the Center. In those states where the Center is required by law to act as Customer’s agent for service of process, Customer hereby authorizes the Center to act as Customer’s agent for service of process, and this authorization shall remain in effect for as long as this Agreement is in effect, or as long as required by state law, whichever is later. The Center agrees to follow its standard procedures for the timely placement of mail received at the Center and addressed to Customer into Customer’s Mailbox, and Customer hereby releases and agrees to protect, indemnify, defend, and hold harmless the Center from any and all liability that may arise at any time in connection with the Center’s actions or status as Customer’s agent for service of process.
14. Customer agrees to protect, indemnify, defend, and hold harmless the Center 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 United States Postal Service or any commercial carrier 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, from the Center’s collection or remission of sales, use, or any other taxes, including, but not limited to, the Center’s failure to refund any amounts that have been collected or remitted, from any penalties, fines, or other liabilities that arise out of, or in connection with, the Center’s actions or status as Customer’s agent with respect to export transactions, or the Center’s completion and filing of any Shipper’s Export Declaration on behalf of Customer, and from any violation by Customer of applicable federal, state, or local laws, or the laws of any foreign jurisdiction. In the event that the Center submits or processes any sales, use, or other tax refund claim on behalf of Customer, Customer agrees to cooperate fully with the Center, including, but not limited to, providing any and all information and documentation necessary to process or submit such a claim.
15. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF THE CENTER, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PERFORMANCE HEREUNDER SHALL NOT EXCEED $100.00 REGARDLESS OF THE NATURE OF THE CLAIM.
16. Customer must use the exact mailing address for the Mailbox without modification as set forth in Section 3 of Form 1583. The United States Postal Service will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.” Delivery by commercial carrier services must be made to the Center street address only (and not to a P.O. Box).
17. Upon signing this Agreement, Customer shall provide two (2) 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, and is subject to change and may vary by location.