Mailbox Service Agreement

Terms and Conditions (effective 11/12/19)

Agreement

Subject to you observing these Terms and Conditions, we agree to provide you with a mailbox service, for the term, at the premises specified in the agreement, upon receipt of the payment.

Definitions

Any words appearing in bold throughout this document have a specific meaning which we explain here:

“we” / “us” / “our”: Mail Boxes Etc. Franchisee located at the premises specified in the agreement.

“you”/ “your”: the person taking out the agreement and any additional individuals as named on the agreement, or authorised by you to collect postal packets from the premises

“mailbox service”: the provision of a mailing address for the receipt, holding and forwarding of postal packets

“mailbox number”: the mailbox number we issue which is a mandatory part of your mailbox service address

“Personal” / “Business” / “Premier”: types of mailbox service

“term”: the duration of your mailbox service agreement

“premises”: the Mail Boxes Etc. location operating your mailbox service

“agreement”: the contract under which we offer you a mailbox service

“payment”: the charges we apply to operate your mailbox service

“registration fee”: a one-off charge which covers the costs of setting up the mailbox service

“cancellation charge”: a fee levied to cover the reasonable costs of administration incurred in cancelling the mailbox service

“late payment fee”: a charge which is levied if you exceed our payment terms

“notice date”: the date on which we advise you of an action affecting your mailbox service

“postal packets” / “items” / “mail”: mailing envelopes, padded bags, post, packages, parcels delivered to the premises via postal service providers and couriers

“Franchise”: The independently owned and operated franchise legal entity, trading as Mail Boxes Etc., at the premises, under licence issued by Mail Boxes Etc. (UK) Limited.

Service

1. Your agreement will consist of the following services
   1. We will provide you with a mailing address at the premises, including a mailbox number, for which you will pay a registration fee.
   2. If you request a physical mailbox at the premises, we will provide you with a key to that mailbox for which you will pay a fee.
   3. If you request a virtual address service at the premises, you can collect mail from the sales counter during the premises opening hours.
   4. Where 24-hour access is available at the premises and you select this option, we will provide you with door entry access for which you will pay a fee.
   5. You may use our mailbox service address as the Registered Address at Companies House, provided that you comply with Companies House requirements and pay us a recurring fee for each company registered.
   6. We will receive all pre-paid postal packets addressed to your mailbox address on your behalf and, where applicable, will deposit the same in your mailbox.
   7. We will receive postal packets of special, registered or recorded delivery on your behalf provided that, if you refuse to accept any such item, you will pay any costs or fees associated with its refusal or return.
   8. We will receive postal packets requiring cash on delivery, subject to you making advance arrangements for their receipt and payment by us, to our satisfaction.

   Payment

2. Your mailbox service is payable in full in advance. We may use a third-party provider to process your payment.
   
   
3. Where you have purchased the mailbox service online, you may cancel the order and receive a full refund provided we receive your request in writing to goodbye@mbe.uk within 24 hours of the purchase transaction. The mailbox service purchase will be considered live and operational once we have issued the mailbox number. Any cancellation of a Personal mailbox service, where the service has not been used, made up to 14 days after the first Payment, will incur a cancellation charge to cover administration costs. In all other circumstances clause 26 will apply.
   
   
4. Subscription customers:
   1. Where you have selected to pay in instalments, you approve our taking subsequent recurring payments automatically. The payment will be taken from your selected credit/debit card, registered at the time of the purchase, or any other valid card subsequently provided. A minimum term of 3 months applies to each agreement
   2. You will provide valid credit/debit card details for the duration of the mailbox service. We will provide you with notification of the payment amount, to your registered email address, on each payment due date.
   3. We will notify you of any changes in price no less than 60 days prior to implementation.
      
      
5. If any payment or other sums are outstanding to us, we shall have a lien over all uncollected items until payment is duly made.
   
   
6. If you fail to make any payment, any postal packets received after the expiry of the existing term may, at our absolute discretion, be retained for up to 30 days pending Payment, and released on payment of any arrears and a late payment fee.

   Using your mailbox service

7. 1. Holders of a “Personal” mailbox service are entitled to the primary box holder’s name plus one different last name within the payment. A “Personal” mailbox may not be used for commercial purposes.
   2. Holders of a “Business” mailbox service are entitled to have up to 4 names listed as recipients of mail.
   3. Holders of a “Premier” mailbox service are entitled to have up to 10 names listed as recipients of mail.
   4. Additional names listed are subject to a monthly Additional Names Fee.
   
   
8. You may select a mail forwarding service. Mail will be forwarded to an address you nominate on an agreed basis, for which we will charge you a fee, in addition to the cost of materials and postage or courier charges each time mail is forwarded, payable in advance.
   
   
9. It is your responsibility to notify us in writing in advance, of any change in address, including Company Registered Address, or contact details, or any change to named recipients of mail, and any resulting changes in information required under section 22.
   
   
10. You authorise us and any of our representatives, at our discretion, to sign on your behalf for any deliveries addressed to your mailbox service address.
    
    
11. We may in our absolute discretion refuse to accept delivery of any item for any reason, including, without limitation, that
    1. There is no or insufficient prepaid postage; or
    2. any payment is outstanding; or
    3. in our opinion, delivery of any item is in breach of Condition 5; or
    4. you are using the mailbox service for the delivery of unreasonably large items of mail or an unreasonable volume of postal packets; or
    5. any item received is addressed to an individual or business name not listed as a mailing name within your agreement; or
    6. if the mailbox service is being used for the storage or delivery of items of value.
    
    
12. Packages and oversized mail received addressed to you will be held for one week at no extra charge, after which a Package Holding Fee will be levied per item held, per day.
    
    
13. Where you use the mailbox service for the regular receipt of parcels or significant volumes of mail which exceed the capacity of the mailbox allocated, a Mail Handling Fee will be applied at our discretion.
    
    
14. The mailbox service is not to be used for the storage or delivery of items of value. We have no knowledge of the value of any item of mail and will not accept notification of value. Our liability in respect of any damage or loss is limited to £5 for each claim and in aggregate shall not exceed the amount of the payment in any term.
    
    
15. Subject to proof of identity, you may check by telephone or email to see if you have any mail. We are not obliged to open and read mail or tell who it is from.
    
    
16. If you use the mailbox service address within any advertising undertaken via third parties including but not limited to printed or online directories, search engine portals or on your own or any other websites, payment will be required to cover the entire advertising period for which the mailbox service address is displayed.
    
    
17. You undertake not to:
    1. use the mailbox service for any purpose which in our considered opinion may be deemed to be illegal or antisocial and if it does so it acknowledges that we may report the same to any relevant authority; and
    2. send or deliver or permit to be sent or delivered to the premises any illegal, defamatory, obscene, dangerous or bulky object or material.
    
    
18. If you fail to remove any item within 30 days of notice to that effect being given, then you hereby authorise us in our absolute discretion, either to destroy such items or to return them either to you at your last known address or to the sender at any time after the notice date without further notice, at your expense.
    
    
19. Any person having possession of your allocated mailbox key is deemed to be authorised by you and we will not be bound to enquire into the authority of such a person. We will not be liable for any loss or damage arising if the key is in the possession of an unauthorised person.
    
    
20. We shall not be liable for any indirect or consequential loss, including loss of profit, nor for any liabilities, costs, claims, demands or expenses arising from any event beyond our control including, but not limited to, any loss, damage, delay or mis-delivery on the part of Royal Mail or any other carrier.
    
    
21. You will indemnify us against any expense, liability, loss, claim or proceedings we incur arising from your use of the mailbox service, except to the extent that the same is caused by our negligence.

    Identification verification

22. a) To activate the mailbox service you are required to provide us with:
    1. the nature of business to be undertaken or reason for rental where rental is not for business purposes. A business can be defined as an activity involving the sale of goods and/or services;
    2. the full name, address, email address and telephone number of all persons for whom mail is to be received, held or forwarded;
    3. two original forms of identification, or suitably certified copies, for all persons for whom mail is to be received, held or forwarded, of a type we approve, including a ‘proof of identity’ and a ‘proof of address.’ A full list is held at mbe.co.uk/mailboxID. We may disclose this information if requested by an appropriate authority or if required for the pursuit of legal action.
    
    b) If you fail to produce valid forms of identification, we may at our sole discretion refuse to accept delivery of items, return them to sender and/or terminate the agreement. In this instance there will be no refund of the payment.
    
    c) We may at our sole discretion refuse to offer the mailbox service to a minor.
    
    
23. You agree to us carrying out verification checks, which may be electronic, as reasonably may be required under the Money Laundering Regulations 2017 (as updated from time to time), local legislation, or any other law.
    
    
24. You will provide us with information on identification, address, purpose of mailbox rental and any other areas required for us to meet our obligations under current legislation, before we can release any postal packets to you.
    
    
25. We are obliged to maintain accurate and current details of you as required by relevant UK authorities. These requirements may change from time to time. You will promptly advise any change in details and provide all information reasonably requested; and accept that postal packets may be withheld and/or inspected at our discretion, pending investigation of information provided.

    Termination

26. You may terminate the mailbox service at any time by giving 30 days written notice by email to goodbye@mbe.uk. There will be no refunds if you terminate early. There will be no refund for part-month cancellations. We may terminate the agreement by giving 30 days written notice to your email address registered with us.
    
    
27. If you breach any of these Terms and Conditions, we may terminate your mailbox service forthwith. Following termination, you hereby authorise us at our absolute discretion either to retain, or destroy, any postal packets addressed to you, or any items on the premises which are your property, or to return to the sender, or to your last known address, at your risk.
    
    
28. If you are in breach of condition 17 of these Terms and Conditions, then we may terminate your mailbox service with immediate effect. In this instance there will be no refund of the payment.
    
    
29. If you fail to return the key(s) promptly to us or our representatives, on termination of the agreement, you will be liable to pay a fee. If you require a replacement key, this will be provided for an additional fee.
    
    
30. If we are no longer able to provide the mailbox service at the designated premises, we reserve the right to:
    1. relocate the mailbox service to alternative premises for the remainder of the term, or
    2. terminate the mailbox service forthwith. In this case you will pay fees up to the date of termination. We will return the balance of any payment in the case of a longer pre-paid term, less any amounts you owe us.

    Legal

31. General Data Protection Regulations 2018 (the Act)
    1. Any personal information you provide us in connection with the mailbox service may be used to verify identity. Your information will be held securely on our systems, in accordance with our Privacy Notice and Policy.
    2. We may, at our discretion share your personal information with other Mail Boxes Etc. companies and their trading partners for use exclusively in connection with the provision of serviced and/or virtual offices and related services. Your personal information will not be passed to any other party without your express permission, unless we are required to do so by law or regulation.
    3. We will store your personal information and verification thereof in accordance with relevant legislation after which it will be destroyed. The Act confers rights of access to certain information held by us for the prevention or detection of offences for fraud prevention purposes. We may share any information collected with the Police to assist with investigations and/or enquiries as well as other public or private sector agencies or representative bodies complying with legislation and in accordance with relevant statutory and regulatory obligations.
    
    
32. 1. The agreement and these Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales. Unless any alternative dispute resolution procedure is agreed between you and us, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this agreement.
    2. We may assign any of our rights or benefits hereunder.
    3. You may not assign any of your rights or benefits hereunder.
    4. These Terms and Conditions shall prevail notwithstanding any conflict with the terms and conditions of any order or contract in respect of the mailbox service or any other services we provide.
    
    
33. We may vary these Terms and Conditions from time to time. In this event, we will give 30-days’ notice in writing to your registered email address.

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