Terms and Conditions
AGREEMENT FOR MAILBOX RENTAL AND RELATED SERVICES
1. Forwardo LLC ("FORWARDO") operates a mailbox rental opration and is the owner of certain mailboxes (each hereafter referred to as a "Mailbox") installed at 1461 San Mateo Ave, South San Francisco, CA 94080. In addition to the Mailbox rental, FORWARDO may also offer related services to its customers. The Mailbox and all related services (collectivelly 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 operations or policies by FORWARDO (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. FORWARDO 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 FORWARDO and continued use of the service Customer agrees to abide by the terms of this AGREEMENT.
3. FORWARDO 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 FORWARDO 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 FORWARDO will become effective as soon as published in FORWARDO’s website (forwardo.com).
4. Customer must complete USPS Form 1583 in order for FORWARDO to provide a Mailbox or the Service. FORWARDO may not accept mail for the Customer unless the Customer has properly completed USPS Form 1583 and all other legal requirements have been met. By completing USPS Form 1583, the original of which will be provided to the United States Postal Service ("USPS"), the Customer is expressly appointing FORWARDO as its agent for receipt of any mail, packages or parcels addressed to the Customer and delivered to FORWARDO at 1461 San Mateo Ave, South San Francisco, CA 94080 or at any other address which FORWARDO may from time to time designate. FORWARDO will retain a copy of Customer's USPS Form 1583 which will be made available at all times for examination by USPS postal representatives and postal inspectors. FORWARDO reserves the right to, at its sole discretion, return to sender, destroy, or otherwise discard any mail received for a Customer tha has failed to agree to the terms of this AGREEMENT or has gailed to execute and deliver to FORWARDO a properly completed USPS Form 1583 along with a copy of two acceptable forms of identification and a copy of the front and back of Customer's credit card on file or has failed to validate his/her identity to FORWARDO's sole satisfaction.
5. Customer will enter a confidential password and receive a Mailbox account number when registering for a new account with FORWARDO. 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 FORWARDO 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. FORWARDO 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 FORWARDO 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 by FORWARDO.
If the Customer has chosen Plan Remail (or any plan for which FORWARDO does not charge a monthly fee), the Customer acknowledges and agrees that Customer may not hold more than three (3) pieces of mail and/or parcels in its account or Mailbox. If such Customer holds more than three (3) pieces of mail and/or parcels, or if an item (mail or parcel) is stored in the Customer’s Mailbox for more than the Plan’s maximum free storage period, FORWARDO may:
a) perform an automatic upgrade of the Customer’s Plan to a Service Plan under which FORWARDO charges a monthly fee. In this case, the Customer will be responsible for the monthly fees and charges payable under that plan or
b) Automatically ship all the contents of the Customer Mailbox to its address on record. In this case the Customer will be responsible for the shipping charges Under all Service plans, the Customer may not store mail, packages or parcels longer than the Plan’s specified free storage period in their Mailbox. Customer agrees to pay a per month storage fee (as specified in the Plan) for each pound of mail, packages and parcels stored in the Mailbox for longer than the Plan’s specified free storage period with a minimum monthly storage fee of $1.00.
The full monthly storage fee is incurred on the sixty-first (61st) day after receipt of the mail, packages or parcels by FORWARDO and additional monthly storage charges are incurred on the same day of the next calendar month up until such time the stored mail, packages and parcels are removed from Customer’s Mailbox. Storage fees will be calculated based on the larger of actual or dimensional weight.
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 FORWARDO received at least 30 days prior to the first day of a calendar month. Notwithstanding the foregoing, renewal of this AGREEMENT for additional terms shall be at FORWARDO’s sole discretion. All Rents are due and payable the first day of each calendar month and become delinquent if not received by FORWARDO by the 10th day of the month. Customer agrees that FORWARDO may immediately charge Customer’s Credit Card on record with FORWARDO for all charges or funds owed by Customer to FORWARDO. The Customer acknowledges and agrees that FORWARDO 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, FORWARDO has the right at its sole option to immediately terminate Service and/or this AGREEMENT. FORWARDO reserves the right to use Customer’s security deposit to pay any past due fees and other charges due.
8. A new Customer’s minimum Service period shall be no less than thirty (30) days. This minimum Service period must be satisfied before a Customer may request a change to a Plan with a lower monthly fee, unless otherwise approved by FORWARDO. All fees charged pursuant to this AGREEMENT are subject to change by FORWARDO without prior notice to Customer. All fees are payable in advance. FORWARDO may require a security deposit equal to one month’s fee. FORWARDO 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 FORWARDO if rental commencement occurs on a date other than the first day of the month. 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 166 is more than the actual weight in pounds. Customer agrees that FORWARDO will add a fuel surcharge to all non-USPS shipping rates. The fuel surcharge will be the greater of 7.5% of the shipping cost or the actual percentage charged by the major international couriers. Customer agrees that FORWARDO may refuse to ship the Customer's items on the Customer's (or any third party's) courier account. Additionally FORWARDO may refuse pickups by couriers or shipping company's when the shipment has not been arranged through FORWARDO.
9. Upon cancellation by the Customer of this AGREEMENT or the Service, FORWARDO will provide Service only through the remaining term paid for by the Customer. The Customer agrees and acknowledges that FORWARDO shall have no liability for any mail, packages or parcels mailed or delivered to FORWARDO 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. FORWARDO 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 FORWARDO 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, FORWARDO 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 FORWARDO Customer waives and releases FORWARDO 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 FORWARDO 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 FORWARDO 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. FORWARDO may, at its option, not accept Mail or Packages for more than the Plan’s maximum number of persons in a single Mailbox. If Customer consistently receives an excessive number of mail pieces or more mail than can be placed in a single Mailbox, FORWARDO reserves the right to require Customer to pay additional fees to be determined by FORWARDO.
12. If Customer refuses to accept mail, packages or parcels from FORWARDO mailed or forwarded to Customer pursuant to this AGREEMENT, FORWARDO 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 FORWARDO in connection with such returns. Upon the request of FORWARDO, the Customer must sign for or otherwise acknowledge its acceptance of all mail, packages and parcels sent to Customer by FORWARDO.
13. The Customer acknowledges and agrees that FORWARDO 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.
14. FORWARDO 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 FORWARDO. At its sole discretion, FORWARDO may refuse to accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer under any circumstances.
15. 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 FORWARDO give notice that the item has been received to the Customer’s e-mail address. The Customer expressly releases FORWARDO from all further responsibility or liability with respect to mail, packages and parcels received by FORWARDO 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 FORWARDO. 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.
16. FORWARDO 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 FORWARDO 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 FORWARDO 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 FORWARDO or is addressed to a name that has not completed the requirements set forth by FORWARDO to verify the identity of such name, or is addressed to a name for which FORWARDO has not received a properly executed form 1582 and two forms of identification.
17. The Customer acknowledges and agrees that FORWARDO 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 FORWARDO 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 or when it has been established to FORWARDO's satisfaction that the account has been used for any illegal or questionable activity. Customer specifically indemnifies and holds harmless FORWARDO 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 FORWARDO suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, FORWARDO may proceed to immediately terminate this AGREEMENT and Service.
18. In order to avoid FORWARDO being an unwitting party to fraud or other illegal activities, shall FORWARDO suspect any package of containing any illicit, dangerous or stolen items, FORWARDO may inspect such package. Furthermore, if FORWARDO 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 FORWARDO, FORWARDO 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 FORWARDO’s sole discretion.
19. The Customer agrees and acknowledges that FORWARDO 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 , FORWARDO may terminate this AGREEMENT immediately for good cause. Good cause shall include but is not limited to:
a) the Customer abandons the mailbox for a period of more than thirty (30) days;
b) the Customer does not provide prompt payment to FORWARDO when due;
c) the Customer uses the service for mass mailing campaigns, spam campaigns, or mass marketing mailings; or Customer’s volume of mail, packages and/or parcels is excessive and unreasonable;
d) the Customer’s behavior towards FORWARDO employees or towards other Customers is offensive, abusive, violent, threatening or disruptive;
e) the Customer fails to cooperate with any request for information by a local, state or federal agency or by USPS representatives or postal inspectors;
f) the Customer fails to provide or FORWARDO is unable to validate correct and accurate contact and personal information of Customer as requested by FORWARDO
g) the Customer fails to cooperate or provide information in connections with any investigation undertaken by a local, state or federal agency; or
h) the Customer violates any provision of this AGREEMENT or any other terms and conditions posted by FORWARDO.
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.
20. The Customer agrees to protect, defend, indemnify and hold harmless FORWARDO, 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 FORWARDO, including, without limitation, any claim for personal injury or property damage, arising from:
(i) this AGREEMENT;
(ii) the Service provided to Customer by FORWARDO;
(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 FORWARDO’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 FORWARDO and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
21. CUSTOMER AGREES AND ACKNOWLEDGES THAT FORWARDO 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 FORWARDO 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 FORWARDO has no responsibility or obligation to insure any mail or shipments sent to the Customer. Customer agrees that FORWARDO does not insure nor process claims of any kind for USPS shipments.
22. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). FORWARDO 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 FORWARDO 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 FORWARDO’s WEB PAGE IS AT CUSTOMER’S SOLE DISCRETION AND RISK FORWARDO WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM FORWARDO’S WEBSITE.
23. THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF FORWARDO, 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. FORWARDO 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 TEXAS LAW. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL FORWARDO BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.
24. 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.
25. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of California 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 FORWARDO by this AGREEMENT shall be brought in the state or federal courts of San Francisco, California. The Customer consents and stipulates to venue and personal jurisdiction in the state and federal courts in and for San Francisco, California, USA as to any and all lawsuits or causes action arising from this AGREEMENT, the Service, the Mailbox or the relationship between Customer and FORWARDO created by this AGREEMENT. Customer acknowledges and agrees that it is establishing minimum contacts with the state of California 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 FORWARDO by this AGREEMENT.
26. 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.
27. 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.
28. Customer (including its agents, employees and representatives) represents to FORWARDO 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 FORWARDO.