TERMS AND CONDITIONS FOR MAILBOX RENTAL AND RELATED SERVICES
1. ViaNY, Inc. d/b/a NYBox ("NYBox") operates a mailbox rental operation and is the owner of certain mailboxes (each hereafter referred to as a "Mailbox") installed at 4747 36th Street, Suite B, Long Island City, NY 11101. In addition to the Mailbox rental, NYBox may also offer related services to its customers. The Mailbox and all related services (collectively the "Service") are provided to you (“Customer”) under the terms and conditions of this Mailbox Service Agreement and any modifications that may be made from time to time to this Agreement and all other terms, conditions, rules or operation or policies that may be made from time to time by NYBox (collectively the " Agreement" ) As used in this AGREEMENT, the term “Customer” means Customer as well as its owners, members, employees, officers, directors, shareholders, partners, affiliates, parent and subsidiary companies, representatives, attorneys, heirs, successors and assigns. NYBox is a registered commercial mail receiving agency and is subject to federal laws and regulations regarding commercial mail receiving and forwarding.
2. CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AT ALL TIMES. BY OPENING AN ACCOUNT WITH NYBox AND CONTINUED USE OF THE SERVICE CUSTOMER AGREES TO ABIDE BY THE TERMS OF THIS AGREEMENT.
3. NYBox may modify or amend this AGREEMENT at any time. Is such an amendment occurs then Customer may be notified of all amendments or modifications by one of the following methods: a) a popup screen that alerts the customer to the existence of amendments or modifications when Customer accesses NYBox’s website. By continued use of the Service, Customer agrees to be bound by the modifications or amendments to this AGREEMENT; or b) An e-mail notice sent to the registered e-mail address of Customer. By continuing the use of the mailbox and/or the Service, Customer agrees to be bound by the modifications or amendments to this AGREEMENT. Notwithstanding the above, all modifications or amendments by NYBox will become effective as soon as published in NYBox’s website (www.NYBox.com).
4. Customer must complete USPS Form 1583 in order for NYBox to receive shipments from U.S. postal service. NYBox may not accept mail from USPS until we receive form 1583, authorizing us to accept mail for your behalf. NYBox as its agent for receipt of any mail, packages or parcels addressed to the Customer and delivered to NYBox at 4747 36th Street, Long Island City, NY 11101 or at any other address which NYBox may from time to time designate. NYBox will provide each customer with a unique Suite and/or Apartment number to identify each customer's packages; customer will include this unique Suite number as part of their address as a Suite and/or Apartment number. The USPS form 1583 will be sent to your e-mail address. Properly fill-up the form and send it to us via e-mail or Fax.
5. Customer will enter a confidential password and receive a Mailbox account number when registering for a new account with NYBox. Customer shall maintain the security and confidentiality of the password. Customer is responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of the Customer’s account. Customer must immediately alert NYBox of any fraudulent, unauthorized, illegal or suspicious use of the Service or any other breach of security or unauthorized or illegal activity that is reasonably suspected by Customer.
6. NYBox provides Service under this AGREEMENT pursuant to one or more Service Plans. Customer hereby subscribes for Service under the Service Plan chosen by Customer when registering for an account. Customer acknowledges that it has been provided with a schedule detailing the monthly subscription fees and all other fees applicable to all Service Plans offered by NYBox and available to Customer. Customer agrees to pay all setup fees, monthly fees, shipping fees and other charges incurred for the Service Plan chosen by Customer and/or for all Service provided. NYBox will allow active customers to store their merchandise for up to 30 days at no charge. After 30 days, customer agrees to pay storage fees of $0.20 per pound per day with a Premium membership, and $0.50 per pound per day with a Standard membership. Maximum storage is up to 65 Days for boxes and packages. Maximum storage is up to 30 Days for letters and envelopes. Customer acknowledges that any mail, package, or parcel addressed to the
customer at NYBox's address per Section 4 must contain the
customer's unique Suite number. If customer does not include their
unique Suite and/or Apartment number in the address of their order, customer agrees to
pay a Special Handling fee of $5 per mail, package, or parcel without
said Suite number.
7. The initial term of this AGREEMENT shall be the minimum Service period or the initial period paid for by the Customer whichever is longer. All Service Plans automatically renew every month unless cancelled by written notice to NYBox received at least 2 days prior to the expiration date. Notwithstanding the foregoing, renewal of this AGREEMENT for additional terms shall be at NYBox’s sole discretion. Rents are due and payable at the day of each customer’s registration. Account will become delinquent if rent is not received by NYBox by the 10th day following the registration date. Customer agrees that NYBox may immediately charge Customer’s Credit Card on record with NYBox for all charges or monies owed by Customer to NYBox. The Customer acknowledges and agrees that NYBox may hold mail, packages and parcels from pickup or forwarding pending payment of past due fees. On delinquent accounts, delivery of mail, packages and parcels to the Customer’s designated address will be suspended and resumed only upon receipt of all amounts due and owing plus a late charge of $25.00. If Customer fails to pay all fees and other charges due within thirty (30) days after delinquency, NYBox has the right at its sole option to immediately terminate Service and/or this AGREEMENT. NYBox reserves the right to use Customer’s security deposit to pay any past due fees and other charges due.
8. The Standard Membership (Pay per use) have no minimum service period can be terminated immediately. The Premium Subscription membership customer’s minimum Service period shall be no less than ninety (90) days. This minimum service period must be satisfied before a customer may request a change to a Plan Standard Membership with a No monthly fee, unless otherwise approved by NYBox. All fees charged pursuant to this AGREEMENT are subject to change by NYBox without prior notice to Customer. All fees are payable in advance. NYBox may require a security deposit equal to one month’s fee. NYBox will not prorate fee or provide refunds for cancellation of any service prior to the expiration of a Service period or the minimum Service period. The initial month of service, however, may be subject to prorating of charges determined by NYBox. In addition to rent and other fees due hereunder, Customer agrees to pay for all shipping charges as set forth in the chosen Service plan and all other charges set forth in this AGREEMENT. Shipping charges are based on weight and are calculated in increments of one (1) pound. For example, shipments weighing up to one (1) pound will be charged for shipping based on one (1) pound and shipments weighing more than one (1) up to and including two (2) pounds will be charged for shipping based on 2 pounds and so on. Dimensional weight charges may apply on bulky, lightweight packages. Dimensional weight is used when the result of multiplying the measurement in inches of package height times package width times package length divided by 139 is more than the actual weight in pounds.
9. Upon cancellation by the Customer of this AGREEMENT or the Service, NYBox will provide Service only through the remaining term paid for by the Customer. The Customer agrees and acknowledges that NYBox shall have no liability for any mail, packages or parcels mailed or delivered to NYBox or other obligations with respect to such mail, packages or parcels after cancellation of this AGREEMENT by the Customer except as expressly provided herein.
10. NYBox shall hold and forward any mail, packages or parcels of the Customer for a period of not longer than 30 days after expiration, termination or cancellation of this AGREEMENT. These services will be provided only to the extent that the Customer pays in advance for all packing, postage and NYBox applicable fees. . . All fees payable for such services shall be charged at the maximum shipping rates for the applicable country. If, upon termination of this Agreement or upon expiration of Customer’s prearranged instructions, the Customer does not make all prior payments and arrangements for the forwarding of the Customer’s Mailbox contents, NYBox may, at its own discretion refuse or return all items to sender. Furthermore, any items received or remaining in the Customer’s mailbox after 30 days of termination, are subject to be discarded, destroyed or otherwise disposed of by NYBox Customer waives and releases NYBox from compliance with any obligation to forward or re-mail such mail, packages or parcels provided for under federal law or USPS rules and regulations and specifically agrees that NYBox does not have any obligation to forward or re-mail mail, parcels or packages to Customer except as otherwise specifically stated in this AGREEMENT. The foregoing is intended to be a written instruction from the Customer to NYBox that Customer’s mail, packages and parcels need not be re-mailed to Customer as otherwise required in the USPS Domestic Mail Manual’s conditions for Commercial Mail Receiving Agencies. The Customer acknowledges that due to postal regulations the USPS will not process a Change of Address upon termination of this AGREEMENT. Customer agrees that it will notify all persons of the change of address upon termination of this Agreement..
11. If Customer refuses to accept mail, packages or parcels from NYBox mailed or forwarded to Customer pursuant to this AGREEMENT, NYBox may return the mail or package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by NYBox in connection with such returns. Upon the request of NYBox, the Customer must sign for or otherwise acknowledge its acceptance of all mail, packages and parcels sent to Customer by NYBox.
12. The Customer acknowledges and agrees that NYBox will not accept certified, registered or restricted delivery mail, package or parcels on behalf of the Customer unless specifically authorized by the Customer for each such delivery.
13. NYBox will not accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer unless Customer has previously arranged and prepaid such acceptance with NYBox. At its sole discretion, NYBox may refuse to accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer under any circumstances.
14. The Customer agrees that mail, packages and parcels are considered to be delivered to Customer as soon as they are placed in the Customer’s Mailbox, or when NYBox give notice that the item has been received to the Customer’s e-mail address. The Customer expressly releases NYBox from all further responsibility or liability with respect to mail, packages and parcels received by NYBox on behalf of Customer except as specifically set forth in this AGREEMENT. The Customer shall only use the Service for the reception of mail, packages or parcels, and for other services as may be purchased from NYBox. Customer agrees and acknowledges that it will not use or permit the Mailbox or Service to be used for any other purpose. Use of the Mailbox for any other purpose is strictly prohibited and may result in immediate termination of this AGREEMENT and Service to the Customer.
15. NYBox will provide the Customer with a mailing address for the Mailbox and Service. The Customer agrees no to modify or alter such mailing address. The Customer acknowledges and agrees that NYBox has no responsibility or liability for mail, packages or parcels that are not properly addressed according to USPS specifications or the terms of this AGREEMENT. Customer further acknowledges that NYBox may return to sender or discard any mail that is received at such mailing address but is addressed to a name not previously registered with NYBox or is addressed to a name that has not completed the requirements set forth by NYBox to verify the identity of such name, or is addressed to a name for which NYBox has not received a properly executed form 1583 and two forms of identification.
16. The Customer acknowledges and agrees that NYBox cooperates with all local, state and federal agencies and will share any and all information about the Customer and use of the Mailbox or Service with such agencies and all USPS postal representatives and postal inspectors upon request. The Customer further acknowledges and agrees that NYBox may share any and all information about the Customer and use of the Mailbox or Service with any third party upon being presented with a civil or criminal subpoena Customer specifically indemnifies and holds harmless NYBox from any and all liability, claims, damages, losses or causes of actions arising from the release of information regarding the Customer or the Customer’s use of the Mailbox to any person, or local, state or federal agency or to the USPS. The Customer represents and agrees that it will not use (or allow to be used) the Service for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity by the USPS regulations or other applicable laws, statutes, rules and regulations. The Customer further represents and agrees that the Service shall be used in compliance with all applicable federal, state and local laws. If NYBox suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, NYBox may proceed to immediately terminate this AGREEMENT and Service.
17. In order to avoid NYBox being an unwitting party to fraud or other illegal activities, shall NYBox suspect any package of containing any illicit, dangerous or stolen items, NYBox may inspect such package. Furthermore, if NYBox receives allegations or complaints from any third party that the Customer may be using the Service in any improper, illegal, or fraudulent manner as determined by NYBox, NYBox may at its sole discretion proceed to immediately terminate this Agreement and stop the Service. In such case, any items received or remaining in the Customer’s mailbox as of and after termination, are subject to be discarded, destroyed or otherwise disposed of at NYBox’s sole discretion.
18. The Customer agrees and acknowledges that NYBox may at its sole option cancel the Service and terminate this AGREEMENT for any cause at any time by providing the Customer thirty (30) days notice. Such notice may be provided in written, e-mail or other electronic form. Notwithstanding the above, NYBox may terminate this AGREEMENT immediately for good cause. Good cause shall include but is not limited to:
(1) the Customer abandons the mailbox for a period of more than thirty (30) days;
(3) the Customer does not provide prompt payment to NYBox when due;
(4) the Customer’s volume of mail, packages and/or parcels is excessive and unreasonable;
(5) the Customer’s behavior towards NYBox employees or towards other Customers is offensive, abusive, violent, threatening or disruptive;
(6) the Customer fails to cooperate with any request for information by a local, state or federal agency or by USPS representatives or postal inspectors;
(7) the Customer fails to provide or NYBox is unable to validate correct and accurate contact and personal information of Customer as requested by NYBox
(8) the Customer fails to cooperate or provide information in connections with any investigation undertaken by a local, state or federal agency; or
(9) the Customer violates any provision of this AGREEMENT or any other terms and conditions posted by NYBox.
The Customer agrees that for purposes of this Agreement the actions or failure to act of any person authorized by the Customer to use the Service will be attributed to the Customer.
19. The Customer agrees to protect, defend, indemnify and hold harmless NYBox, from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by NYBox, including, without limitation, any claim for personal injury or property damage, arising from: (i) this AGREEMENT; (ii) the Service provided to Customer by NYBox; (iii) the Customer’s use or possession of the Mailbox; (iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.(v) loss, damage, or destruction of the Customer’s mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to NYBox’s negligence or intentional act; and (vi) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include NYBox and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
20. CUSTOMER AGREES AND ACKNOWLEDGES THAT NYBox IS NOT LIABLE FOR ANY DAMAGE OR LOSS TO MAILBOX CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING OR AFTER MAILING OR SHIPMENT TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES AND THAT NYBox IS NOT A CUSTOM’S AGENT OR BROKER. CUSTOMER IS SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF ITS PACKAGES AND SHIPMENTS. CUSTOMER IS ALSO SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS, DUTIES, TARIFFS, TAXES, OR OTHER CHARGES OR FEES OF ANY NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PACKAGES TO THE CUSTOMER. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by the Customer. The Customer acknowledges and agrees that NYBox has no responsibility or obligation to insure any mail or shipments sent to the Customer. Customer agrees that NYBox does not insure nor process claims of any kind for USPS shipments.
21. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). NYBox DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF CUSTOMER’S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON A “AS AVAILABLE” BASIS AND NYBox MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICE OR NYBox’s WEB PAGE IS AT CUSTOMER’S SOLE DISCRETION AND RISK NYBox WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM NYBox’S WEBSITE. .
22. THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF NYBox, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED $100.00 WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. NYBox SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY NEW YORK LAW. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL NYBox BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.
23. All notices to the Customer required or permitted under this AGREEMENT shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer’s e-mail address on record, within twenty-four hours (24) after transmission by fax to Customer’s fax number on record, five (5) days after deposit in USPS post office, two (2) days after sending the notice via a commercial courier service to the Customer’s address on Form 1583 or at the time such notice is delivered to the Customer.
24. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of New York without regard to the conflicts of laws provisions thereof. Any action to enforce this AGREEMENT or any action arising from this AGREEMENT, the Service, the Mailbox or the relationship created between the Customer and NYBox by this AGREEMENT shall be brought in the state or federal courts of New York, NY. The Customer consents and stipulates to venue and personal jurisdiction in the state and federal courts in and for New York, NY, USA as to any and all lawsuits or causes action arising from this AGREEMENT, the Service, the Mailbox or the relationship between Customer and NYBox created by this AGREEMENT. Customer acknowledges and agrees that it is establishing minimum contacts with the state of New York for purposes of asserting personal jurisdiction over the Customer for any claims arising from this AGREEMENT, the Service, the Mailbox or the relationship created between the Customer and NYBox by this AGREEMENT.
25. If the case that any provision of this AGREEMENT shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this AGREEMENT, but all other provisions of this AGREEMENT and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
26. If any party to this Agreement fails to enforce any provision of this Agreement, or fails to exercise any right at any time , such failure not operate as a waiver thereof.
27. Customer (including its agents, employees and representatives) represents to NYBox that it is not a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to commit, or Support Terrorism, 66 F. Customer represents that it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control. If Customer is determined to be a Specially Designated National or Blocked Person this AGREEMENT shall immediately terminate without further notice from NYBox.