Mail Box Service Agreement
CUSTOMER NAME: _____________________________________________________________________
COMPANY NAME: _____________________________________________________________________
ADDRESS: ____________________________________________________________________________
HOME PHONE: _____________________WORK PHONE: __________________FAX:________________
E-MAIL ADDRESS: ____________________________
MAIL BOXES ETC. CENTER NUMBER: 2555
MAIL BOX NUMBER: _____________________
NUMBER OF INITIAL MONTHS REQUESTED _______
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 (the "Mailbox") at Mail Boxes Etc. Center Number 2555, located at 1583 East Silver Star Road, Ocoee, FL 34761 (the "Center") under the terms set forth herein:
2.) Customer agrees the 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 be in conformity with all applicable federal, state and local laws. Customer acknowledges that only those individuals or entities listed on U.S. Postal Service Form 1583 ("Form 1583") are 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 request by 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 (California). Customer further agrees to sign an updated version of this agreement upon request, provided that any request shall not exceed once per year.
4.) Possession of a mail box key shall be considered valid evidence that the possessor is duly authorized to remove any contents from any mailbox provided under this agreement. In the event of death or incapacity of Customer, the Center will require the appropriate documents from the Probate Court, the executor if the estate, the trustee or similar person or entity before releasing mail or packages to a requesting party.
5.) Customer agrees to pay an initial setup fee of "WAIVED" and a refundable security/key deposit of "WAIVED" as well as applicable monthly service fees. The security/key deposit is waived for Internet Customers requiring Mail Forwarding Only providing that Customer does not require Mailbox keys. Mailbox service fees are all due and payable in advance and Customer agrees that the Center may hold mail and packages pending payment. THERE WILL BE NO PRORATIONS OR REFUNDS FOR CANCELLATION OF ANY SERVICE. Customer agrees to pay a late fee of $5.00 if any payment is not received within ten (10) days of when due. In the event that Mailbox lock is changed upon the request or fault of Customer, Customer agrees to pay a fee of $10.00. Mailbox service fees and other related fees stated herein are subject to change. In the event that Customer receives an unreasonable amount of mail or packages according to the Center's reasonable judgment, the center may require the Customer to upgrade to a larger size mailbox and pay any additional charge. The Center reserves the right to increase the Mailbox service fees in the event that Customer adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at the Mailbox pursuant to Form 1583.
6.) Upon expiration, cancellation or termination of this Agreement the Center will forward Customer's mail and packages for thirty (30) days, provided Customer pays the postage, packing material and forwarding fees in advance. Thereafter, if the Customer requires forwarding of mail or packages, Customer agrees to pay additional fees for such service. If necessary arrangements and payment are not made in advance to forward mail or packages upon expiration, cancellation or termination of this Agreement or expiration of any pre-arranged forwarding period ("Final Service Date"), Customer's mail and packages may be refused or returned to sender. The Center may discard or destroy mail or packages delivered to or remaining at the Center more than thirty (30) days after the Final Service Date or, in the case of mail or packages which require a signature from the Center as a condition of delivery, more than ninety (90) days after the Final Service Date.
7.) 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 the Agreement for additional terms shall be at the center's sole discretion.
8.) Customer agrees that the Center
may terminate or cancel this Agreement for good cause at any time by providing
Customer thirty (30) day 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) failure 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 the Center or the Center'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.9.) Any written notice to Customer required or permitted under this Agreement shall be deemed delivered within 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:
a) on the next day after placing in the hands of a commercial courier service or the United States Postal Service for next day delivery, or b) five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage prepaid, and addresses to Customer at Customer's address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.10.) As customer's authorized agent for receipt of mail, MBE will accept all mail, including registered, insured, and certified documents. Unless prior arrangements have been made, the Center shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from the Center as condition of delivery. Customer must accept and sign for all mail and packages upon the request of the Center. Packages not picked up or forwarding fees not provided for within fourteen (14) days of notification will be subject to a storage fee of $3.00 per day per package, which must be paid before Customer receives the package. In the event Customer refuses to accept any mail or package, 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. and postage due items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to the Center. Mail forwarding deposits will not be used to accept C.O.D. items.
11.) Customer agrees to protect, indemnify, defend and hold harmless the Center, Mail Boxes Etc. USA, Inc. and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, agents, and employees from and against any and all losses, damages, expenses, claims, demand, liabilities, judgments, settlement accounts, costs and causes of action of every type and character arising out of or in conjunction with the use of 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 fail to 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.
12.) Customer acknowledges and agrees that the Center is an independently owned and operated franchisee of Mail Boxes Etc. USA, Inc. ("Franchisor") and that Franchisor is not responsible for any acts or omissions of its franchisees.
13.) CUSTOMER HEREIN AGREES THAT THE TOTAL LIABILITY OF THE CENTER AND FRANCHISOR, 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. ( INITIAL ________ )
14.) CUSTOMER HEREIN UNDERSTANDS
AND AGREES THAT MAIL SERVICE WILL NOT BE EFFECTIVE UNTIL ALL APPLICABLE
FORMS ARE COMPLETED AND RECEIVED IN THEIR ENTIRETY WITH ORIGINAL SIGNATURES
BY THE CENTER'S AGENT AND THAT ANY MAIL RECEIVED PRIOR TO RECEIPT SHALL
BE RETURNED TO SENDER AS ADDRESSEE UNKNOWN. ( INITIAL ________ )
15.) Customer agrees to use mailing address format set forth above without modification. Delivery by commercial courier services must be made to the center street address only. The terms "Suite", "P.O. Box". or "Box" can not be used in Customer's address to refer to Customer's Mailbox number. Any mail or package received by the Center that includes such use of the term "Suite", "P.O. Box". or "Box" may be returned to sender at the Center's option. Upon signing this Agreement, Customer shall provide two forms of valid identification, one of which shall include a photograph.
15.) This Agreement shall not
be modified, except in writing signed by both parties.
CUSTOMER SIGNATURE: ___________________________________
DATE: ____________________
NAME: _____________________________________________________________________________
ADDRESS: ___________________________________________________________________________
HOME PHONE: _____________________________ WORK PHONE: ___________________________
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