Terms & ConditionsThis MAILBOX Service Agreement ("Agreement") is made and entered into by and between you ("CUSTOMER" or “You”) and MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS) (“MBE” or “We”) for the use of and services related to the rental of digital mailbox services (the "MAILBOX") in accordance with the following terms and conditions set forth herein.
1. CUSTOMER agrees that CUSTOMER will not use MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS premises or any MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS services for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by Australian Postal regulations. CUSTOMER further agrees that any use of the MAILBOX shall be in conformity with all applicable federal, state and local laws.
2. This AGREEMENT shall remain confidential, except that this AGREEMENT 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, and any required acknowledgment form relating to service of process. CUSTOMER further agrees to sign an updated version of this AGREEMENT upon request.
3. Possession of the MAILBOX username and password 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 the CUSTOMER, MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS 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.
4 MAILBOX service fees are all due and payable in advance and CUSTOMER agrees that MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS may hold mail and packages pending payment. There will be no pro-rations or refunds for cancellation of any service. CUSTOMER agrees to pay a late fee of $25.00 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 MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS’s reasonable judgment, MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS may require CUSTOMER to upgrade to a larger size MAILBOX and/or pay any additional charges. MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS 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
5. Upon expiration, cancellation or termination of this AGREEMENT, MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS will:
a. Store the mail or packages for up to six (6) months provided CUSTOMER pays a storage fee of $50.00 per month for the time period in which MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS holds the mail or package(s), plus a service fee of to be determined for each time CUSTOMER visits MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS to pick up such items. It is the CUSTOMER's responsibility to make arrangements with MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS to identify any mail storage needs prior to the expiration, cancellation or termination of this AGREEMENT.
b. Retain CUSTOMER's mail, other than Unsolicited Mail, at the Centre for a period of ten (10) days, if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded, destroyed or Return to Sender.
c 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 MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS.
d. Refuse any package addressed to CUSTOMER delivered by any party, such as a commercial courier service.
6. Upon cancellation or termination of this AGREEMENT, MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS may:
a. Refuse any mail or package addressed to the CUSTOMER and delivered to MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS.
b. Discard, destroy or Return to Sender any of the CUSTOMER's mail or packages delivered to or remaining at MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS at such time.
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 this AGREEMENT for additional terms shall be at MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS’s sole discretion.
8. CUSTOMER agrees that the Centre may terminate or cancel this AGREEMENT for good cause at any time by providing CUSTOMER thirty (30) days 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 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 MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS or MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS'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.
9. 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 the 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 (b) five (5) days after placement in Australia Post by Registered Mail, Return Receipt Requested, postage prepaid, and addressed to CUSTOMER at CUSTOMER's address on application form, or on the date of actual receipt, whichever is earlier.
10. As CUSTOMER's authorized agent for receipt of mail, MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS will accept all mail, including registered, insured and certified items. Unless prior arrangements have been made, MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS as a condition of delivery. CUSTOMER must accept and sign for all mail and packages upon the request of MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS. Packages not picked up within three days 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, MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS may return the mail or package to the sender and the 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 MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS.
11. CUSTOMER agrees to protect, indemnify, defend and hold harmless MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS, 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 Australia Post 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.
12. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS, 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.
13. CUSTOMER must use the exact mailing address for the MAILBOX without modification as advised. Should the item be addressed incorrectly as advised, MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS will not be held responsible for any undeliverable mail and/or packages.
14. Delivery by commercial courier services must be made to MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS 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.
15. By agreeing below I forfeit all right to bring any legal action against MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS for any reason. In return, I will receive the MAILBOX and related services. I will also make every effort to obey of the Commonwealth of Australia, as listed in writing and as explained to me verbally. I will ask for clarification when needed.
17. The CUSTOMER shall indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the MAIL BOXES ETC AUSTRALIA & ALL IT’S AFFILIATED PARTNERS services under this AGREEMENT.
18. This AGREEMENT, and any accompanying appendices, duplicates, or copies, constitute the entire agreement between the Parties with respect to the subject matter of this AGREEMENT, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this AGREEMENT.
19. This AGREEMENT may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable).
20. If any provision or provisions of this AGREEMENT shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this AGREEMENT shall remain in full force and effect for the duration of this AGREEMENT.
21. This AGREEMENT shall not be assigned by either party without the express consent of the other party.
22. A failure or delay in exercising any right, power or privilege in respect of this AGREEMENT will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
23. This AGREEMENT is be governed by and construed in accordance with the laws of the Commonwealth of Australia without reference to any principles of conflicts of laws.
By checking the box, you accept this AGREEMENT on the date stated in the introductory clause.