Terms & Conditions1. 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 The Mailroom & More, 14622 Ventura Blvd. Ste 102, Sherman Oaks, CA 91403 ("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 be in conformity 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. However, spouses may complete one Form 1583, as long as both spouses provide two forms of valid identification as described by Form 1583.
3. This Agreement and Form 1583 shall remain confidential, except 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 a revised version of this Agreement and Form 1583 upon request.
4. 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.
5. Customer agrees to pay at least one month service fee and any applicable sales, use, or other taxes upon opening. Mailbox service fees are all due and payable in advance and Customer agrees that the Center may withhold mail and packages from Customer pending payment. There will be no pro-rations or refunds for cancellation of any service. Customer agrees to pay a late fee of $12.00 if any payment is not received within five (5) days of when due. Mailbox service fees and other related fees stated herein are subject to change.
In the event that Customer receives an unreasonable volume of mail or packages at the Mailbox according to the Center's reasonable judgment, the Center may require 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. Customer agrees that upon expiration, cancellation, or termination of this Agreement, Customer will not file a change of address order with the post office. Customer and the Center further agree that upon expiration, cancellation, or termination of this Agreement, Customer authorizes the Center to accept and destroy any “Unsolicited Mail” (e.g., mail addressed to “occupant,” “current resident,” or similar designation; or coupons, advertising, or other promotional material) and any mail addressed to Customer that is delivered to the Center by the United States Postal Service for six (6) months; and may refuse any package addressed to Customer delivered by any party other than the United States Postal Service, such as a commercial carrier service. However, at Customer’s election, the Center will:
a. Re-mail (i.e., forward) Customer's mail (except for Unsolicited Mail) for six (6) months upon Customer’s payment in advance for postage, packaging material, and forwarding fees. Customer is subject to a monthly forwarding fee of $10.00 for month 1, and $7.00 for months 2 through 6 in advance for the time period that mail is to be re-mailed. It is 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; or
b. Store the mail or United States Postal Service packages (except for Unsolicited Mail) for up to six (6) months upon Customer’s payment in advance of a storage fee of $20.00 per month for the time period in which the Center holds the mail or packages, plus a service fee of $5.00 for each time Customer visits the Center to pick up such items. It is Customer's responsibility to make arrangements with the Center to identify any mail storage needs prior to the expiration, cancellation, or termination of this Agreement.
7. Six (6) months after the expiration, cancellation, or termination of this Agreement, the Center may:
a. Refuse any mail or package addressed to Customer and delivered to the Center.
b. Destroy any of Customer’s mail or packages remaining at the Center at such time.
8. 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 transaction), 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.
9. 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. The term will be automatically renewed unless notified in advance of term expiration by Customer. Renewal of this Agreement for additional terms shall be at the Center's sole discretion.
10. 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 shall include but is not limited to: 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.
11. 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 (a) on the next day after placing in the hands of a commercial carrier 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 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.
12. As 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 to 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 within three (3) days of notification will be subject to a storage fee of $5 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. 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.
13. Customer agrees to protect, indemnify, defend, and hold harmless the Center and their respective affiliates, subsidiaries, parent corporations, 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.
14. 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.
15. Customer must use the exact mailing address for the Mailbox without modification as set forth in Section three (3) of Form 1583. The United States Postal Service will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
16. Delivery by commercial carrier services must be made to the Center street address only (and not to a P.O. Box). “P.O. Box” may be used only if it is part of Customer’s “Caller Service” (arrangement for delivery of mail through Centers using a United States Postal Service address) address format.
17. Upon signing this Agreement, Customer shall provide two (2) forms of valid identification as defined by the USPS Form 1583, one of which shall include a photograph. This Agreement may not be amended or modified, except in a writing signed by both parties.
18. The Center reserves the right to open and inspect any packages or mail, which may arrive, damaged or that may be otherwise of questionable integrity or legality.
Acknowledgment By Private Mailbox Service Customers
This acknowledgment is required by Section 17538.5 of the California Business and Professions Code.
Any person obtaining private mailbox receiving service in the State of California must read and acknowledge receipt of the following statement, which is to be kept on file at this Commercial Mail Receiving Agency (CMRA) and will be made available, upon demand, to the Department of Consumer Affairs or any law enforcement agency conducting an investigation.
By requesting and obtaining use of a CMRA in the State of California, I acknowledge that:
1. I am obligated to disclose my actual home address or place of residence on a United States Postal Service (USPS) Form 1583 or other form as may later be developed and I further agree that I will provide prompt written notice of this CMRA of any subsequent change in my home address or place of residence.
2. By signing below, I irrevocably authorize this CMRA to act as my Agent for service of process to receive any legal documents that may be served upon me.
This authorization shall continue from the date of this agreement until two years after my mail receiving service has been terminated. I understand that this CMRA will (A) place a copy of the documents or a notice that the documents were received into my mailbox or other place where I usually receive my mail, unless my mail receiving service has been terminated, and (B) send all documents by first-class mail to my home or other last known address to the CMRA.
3. I further acknowledge that I understand that use of a CMRA for commercial purposes in the State of California requires the user to comply with all applicable laws, including Section 17538.5 of the Business and Professions Code and laws prohibiting unfair competition and false advertising as set forth in Sections 17200 and 17500 of the Business and Professions Code. Violation of these laws may result in criminal and civil penalties or both. I understand that the USPS Form 1583 (that must be prepared for each CMRA customer) shall be delivered to the local United States Post Office and a copy of the form must be retained by this CMRA and made available upon demand to the Department of Consumer Affairs or any law enforcement agency conducting an investigation.
I hereby agree to accept and abide by the foregoing requirements.