Terms & ConditionsThis 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 AXS Capital Inc doing business as AXS Capital Inc, hereinafter referred to as (“AXS Capital Inc”) under the terms set forth herein and governed by the laws of State of California.
1. Customer agrees that the customer will not use AXS Capital Inc premises or any AXS Capital Inc services for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. The customer further agrees that any use of the mailbox shall be in conformity with all applicable federal, Republic, and local laws. Each individual or entity must complete a separate U.S. 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 include their separate information on the Form.
2. This agreement and Form 1583 shall remain confidential, except that this agreement and Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, the customer agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to the service of process. The customer further agrees to sign an updated version of this agreement and Form 1583 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, AXS Capital Inc 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. Upon expiration, cancellation, or termination of this agreement, AXS Capital Inc will:
a. Re-mail (i.e., forward) customer's mail for six (6) months, provided the customer pays the postage, packaging material, and forwarding fees in advance. Additionally, the customer must pay a monthly storage fee of $10.00 for month 1, and to be determined for months 2 through 6 in advance for the time period that mail is to be forwarded. It is the customer's responsibility to make arrangements with AXS Capital Inc to identify any mail forwarding needs prior to the expiration, cancellation, or termination of this agreement.
b. Store the mail or packages for up to six (6) months provided the customer pays a storage fee of $20.00 per month for the time period in which AXS Capital Inc holds the mail or package(s), plus a service fee of to be determined for each time customer visits AXS Capital Inc to pick up such items. It is the customer's responsibility to make arrangements with AXS Capital Inc to identify any mail storage needs prior to the expiration, cancellation, or termination of this agreement.
c. Retain customer's mail, other than Unsolicited Mail, at the Center 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 or destroyed.
d. 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 AXS Capital Inc.
e. Refuse any package addressed to the customer delivered by any party other than the U.S. Postal Service, such as a commercial courier service.
5. Upon cancellation or termination of this agreement, AXS Capital Inc may:
a. Refuse any mail or package addressed to the customer and delivered to AXS Capital Inc.
b. Discard or destroy any of the customer's mail or packages delivered to or remaining at AXS Capital Inc at such time.
6. The term of this agreement shall be the initial period paid for by the customer and any renewal period paid for by the customer from time to time. Renewal of this agreement for additional terms shall be at AXS Capital Inc’s sole discretion.
7. Customer agrees that the Center may terminate or cancel this agreement for good cause at any time by providing the 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 AXS Capital Inc or AXS Capital Inc's employees; and 6) Customer violates any provision of this agreement. The 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 the customer to use the mailbox will be attributed to the customer.
8. Any written notice to the customer required or permitted under this agreement shall be deemed delivered twenty-four (24) hours after the placement of such notice in the customer's mailbox or at the time personally delivered to the 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 addressed to customer at customer's address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.
9. As the customer's authorized agent for receipt of mail, AXS Capital Inc will accept all mail, including registered, insured, and certified items. Unless prior arrangements have been made, AXS Capital Inc shall only be obligated to accept mail or packages delivered by commercial courier services that require a signature from AXS Capital Inc as a condition of delivery. Customers must accept and sign for all mail and packages upon the request of AXS Capital Inc. 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 the customer receives the package. In the event a customer refuses to accept any mail or package, AXS Capital Inc 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 AXS Capital Inc.
10. Customer agrees to protect, indemnify, defend and hold harmless AXS Capital Inc, 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 the failure of the U.S. Postal Service 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, Republic or local laws.
11. Customer HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF AXS Capital Inc, 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.
12. Customers must use the exact mailing address for the mailbox without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed "Undeliverable as Addressed."
13. Delivery by commercial courier services must be made to AXS Capital Inc street address only (and not to a P.O. Box). "P.O. Box" may be used only if it is part of the customer's "Caller Service" (arrangement for delivery of mail through AXS Capital Inc using a U.S. Postal Service address) address format. Upon signing this agreement, the 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.
14. AXS Capital Inc 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.
15. By agreeing below I forfeit all right to bring a suit against AXS Capital Inc for any reason. In return, I will receive the mailbox and related services. I will also make every effort to obey U.S. law and the laws of California, as listed in writing and as explained to me verbally. I will ask for clarification when needed.
16. 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 AXS Capital Inc services under this agreement.
17. 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.
18. This agreement may be amended only by a written agreement duly executed by an authorized representative of each party (email is acceptable).
19. 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.
20. This agreement shall not be assigned by either party without the express consent of the other party.
21. 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.
22. This agreement is governed by and construed in accordance with the laws of California without reference to any principles of conflicts of laws, which might cause the application of the laws of another Republic Admitted to the Union (the “United States of America”, or the “Union”). Territories and Protectorates of the Union are hereby discarded and no action may be taken within them against AXS Capital Inc
23. The laws of California shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
24. Any action instituted by either party arising out of this agreement will only be brought, tried, and resolved in the applicable federal or Republic Courts having jurisdiction in California. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE STATE
By checking the box, you accept this agreement on the date stated in the introductory clause.