This agreement is made between the Centaur Group Inc. O/A Business Development Centre, referred to as the Agent, and the subscribing applicant, referred to as the Customer, made in the City of Toronto, Province of Ontario, and is governed by the laws of the province of Ontario, Canada.
It is solely Customer's responsibility to review this agreement on a regular basis to keep aware of any changes.
1. The Agent is the sole provider of virtual mailboxes, and said mailboxes are available for rental to the general public (the Service).
2. The Customer is a person, partnership, trust, or a corporation desiring to rent one or more of said mailboxes and / or to purchase related services for due consideration as charged by the Agent.
Therefore it is agreed that:
3. The Customer
hereby rents a virtual mailbox at the Business Development Centre, Ontario, Canada and, if desired, subscribes to the
mail forwarding services according to Customer's instructions.
4. The minimum mailbox rental period shall be no less than six months.
5. The Customer must use the exact mailing address for the Mailbox without
modification as set forth by the Agent. Mail received by Customer must
bear the delivery address that contains the following elements, in this
order:
Intended addressee's individual name or business name.
Example:
Michael Smith or ABC Management Co.
800 Steeles Ave. W #B10182
Thornhill, ON. L4J 7L2
The Postal
Service will return any mail without a proper address to the sender endorsed
"Undeliverable"
6. Upon signing this Agreement, the Customer shall provide two forms of valid identification, one of which shall include a photograph. If payments are to be made by a credit card, proof of ownership will be required. An image of the credit card showing the name of the owner would be sufficient.
7. The Customer hereby agrees that the Customer will not use the Mailbox or any other service for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by Canadian federal and/or provincial regulations. Customer further agrees that any use of the Mailbox shall be in conformity with all applicable federal, provincial and local laws.
7.1 The Agent, in it's sole discretion, reserves the right to refuse Service to anyone for any reason. The Customer agrees that the Agent shall not be liable to the Customer for loss or damages that may result from refusal to provide Service.
The Agent reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Agent shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Only the person or persons identified on the original application form shall be authorized to access and remove the contents of the mailbox. To add or change authorized person, the Customer must contact the Agent in writing with full details for the authorized person. In the event of death or incapacity of the Customer, the Agent 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 the requesting party.
9. The Customer agrees to pay an initial set-up fee of $35. Upon termination of the rental period, the Customer agrees to pay, a renewal fee of $35. If the renewal occurs prior to the expiry date, the renewal fee will be waived.
10. The Customer agrees to pay in advance all applicable rental fees according to the category of the mailbox chosen by the Customer and the duration of Customer's rental agreement. Mailbox service fees are all due and payable in advance and the Customer agrees that the Agent may hold mail and packages until the account is paid in full. There are no refunds for cancellation of any services. Mailbox service fees and other related fees stated herein are subject to change. In the event that the Customer receives an unreasonably large volume of mail or packages at the Mailbox, in the sole opinion of the Agent, the Agent may require the Customer to upgrade to a larger size mailbox and pay an additional charge. The Agent reserves the right to increase the Mailbox service fees in the event that the Customer adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at the Mailbox.
11. In the event that the Customer wishes to have his mail forwarded, the Customer agrees to pay the applicable deposit according to the type of service and the frequency chosen by the Customer. This deposit shall be used for paying fees related to mail forwarding.
12. Each time mail is forwarded, the Customer agrees to pay a minimum handling charge of $10, plus applicable transportation fees according to the type of service chosen by the Customer.
13. During the rental period, the Customer is permitted to change his mail forwarding address. In this event, the Customer must inform the Agent in writing of any change in forwarding address at least fifteen (15) business days in advance. For any change in mail forwarding address, the Customer agrees to pay administrative fee of $10, which will be deducted from deposit paid for mail forwarding.
14. All funds deposited to the Customer's account are non-refundable. The funds can be used for other services offered by the Agent.
15. The Customer agrees to pay $2.00 per day as a storage fee for any packages that remain on the Agent’s premises for more than 48 hours. This fee applies to each package larger than 10” X 10” X 10” or if there is more than 1 package. In addition, any uncollected mail that remains in the box of the Customer for more than two weeks for regular customer and more than 4 weeks for Long Term Storage Customer shall be subject to a $2.00 per day storage fee.
16. The Customer accepts that mail and parcels are considered as delivered upon their placement or placement of notice of availability in assigned mailbox and relieves the Agent of any further performance responsibilities.
17. The Agent
shall refuse to accept on behalf of the Customer “postage due”
mail and /or COD items unless special financial arrangements are made and
in effect beforehand. It is expressly understood by the Customer that the
Agent is in no way responsible for any customs services or brokerage charges
associated with any package, unless special arrangements are made and in
effect beforehand.
18. The Customer agrees that the Agent may terminate or cancel this Agreement
for good cause at any time by providing the Customer with fifteen (15)
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
to the Agent when due;
4) Customer receives an unreasonably high volume
of mail or packages;
5) Customer engages in offensive, abusive or disruptive
behaviour toward other customers of the Agent or the Agent’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 the Customer.
19. Any written notice to the 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 when sent by email to the address on file, 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 (b) five (5) days
after placement in the Canadian Post Service, and addressed to Customer
at Customer's address as set forth in the Application form.
20. As the Customer's authorized agent for receipt of mail, the Agent shall
accept all mail, including registered, insured and certified items. Unless
prior arrangements have been made, the Agent shall only be obligated to
accept mail, or packages delivered by commercial courier services, which
require a signature from the Agent as a condition of delivery. Customer
must accept and sign for all mail and packages upon the request of the
Agent. Packages not picked up or forwarded within prescribed delay as stipulated
in Forwarding Agreement will be subject to a storage fee of $2 per day
per package. This fee must be paid before the Customer can receive the
package. In the event the Customer refuses to accept any mail or package,
the Agent 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 the Agent.
21. The Customer hereby authorizes the Agent to accept on Customer’s
behalf, and without personal liability, items received by the Agent and
accepted in the Customer’s name and which have been deposited in
the Customer’s mailbox. The Customer hereby accepts proof of delivery
to their mailbox as the delivery to the Agent by the carrier.
22. The Agent shall notify the Customer 30 days in advance of
any changes in the Agent’s address or services. In such case the
Customer shall have the right to cancel this agreement effective from the
date of change or renew the agreement under the new terms. In case of cancellation
due to the Agent's notice of change of address or services, the Customer shall be reimbursed for any prepaid (but unused) mailbox rental,
less any outstanding charges owed to the Agent. Under no circumstances
will the Agent be liable for any costs, damages, losses incurred by the
Customer due to the change of the Agent’s address or services.
23. THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AGENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. THE AGENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the AGENT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGGREEMENT.
23.1 THE CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF THE AGENT, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100 (ONE HUNDRED) CANADIAN DOLLARS REGARDLESS OF THE NATURE OF THE CLAIM.
24. The Customer agrees to protect, indemnify, defend and hold harmless the Agent and it’s 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 the Canadian 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, provincial or local laws.
25. Upon expiration, cancellation or termination of this Agreement, the Agent may:
25.1. Forward
the Customer's mail for one (1) month, provided the Customer pays the
postage, packaging material, and forwarding fees in advance. Additionally,
the Customer hereby agrees to pay a monthly storage fee of $35 for the
period of time during which the mail is forwarded. It is the Customer's
responsibility to provide the specific instructions to the Agent regarding
any final mail forwarding needs prior to the expiration, cancellation
or termination of this Agreement. The Customer agrees that his/her failure
to prepay and/or provide clear instructions for mail forwarding prior
to the end of the Agreement will automatically convey his/her desire
not to forward and/or store their mail, and authorizes the Agent to discard
and/or destroy ALL mail received after the Agreement expiration date.
25.2. Discard or destroy any "Unsolicited Mail" (e.g., bulk mail;
mail addressed as "occupant", "current resident"
or similar designations; or coupons, advertising or other promotional material)
delivered to or remaining at the Agent’s location.
25.3. Retain Customer's mail, other than Unsolicited Mail, at the Agent
for a period of thirty (30) days from the date of expiration, cancellation
or termination of this Agreement, whichever comes first. After such time,
any mail or package may be discarded or destroyed. In order to pick up
any mail or package during the thirty (30) days, the Customer must pay
a storage fee of $25 Canadian for each month the Agent holds the mail or
package(s).
25.4. Refuse any package addressed to Customer delivered by any party.
26. One (1) month after the expiration, cancellation or termination of
this Agreement, the Agent may:
Refuse any mail or package addressed to Customer and delivered to the Agent.
Discard or destroy any of the Customer's mail or package delivered to or
remaining at the Agent at such time.
27. The term of this Agreement shall be the initial term paid for by the
Customer, plus any renewal term paid for by Customer from time to time.
Renewal of this Agreement for additional term shall be at the sole discretion
of the Agent.
28. Renewal of Rental Agreement. Month to month rental agreement shall
be automatically renewed every month until cancelled by the Customer or
the Agent. Any fixed term agreement shall be automatically renewed for
an additional term unless cancelled by the Customer or the Agent thirty
(30) days prior to the end of the rental agreement. Any renewal shall be
in accordance with the terms of this Agreement.
29. This Agreement and terms of service may be amended or modified by the
Agent at any time. The Customer hereby agrees that posting the amended
agreement on the official website of the Agent shall serve as sufficient
notice of such change. If the Customer continues to use the Agent’s
services, that shall serve as an unconditional acceptance of the amended
agreement and terms of service.
30. This Agreement shall be interpreted and construed in accordance with the laws of the Province of Ontario, Canada. Any action to enforce this Agreement or any action arising from this Agreement or the relationship created between the Customer and the Agent by this Agreement shall be brought in the provincial or federal courts of Toronto, Ontario, Canada. The Customer consents and stipulates to venue and personal jurisdiction in the provincial and federal courts in and for Toronto, Ontario, Canada as to any and all lawsuits or causes action arising from this Agreement or the relationship between Customer and the Agent created by this Agreement.
31. If any section or any portion of any section of this Agreement shall be construed to be illegal, invalid or unenforceable, such provision or portion thereof shall be deemed stricken and deleted from this Agreement, but all other sections of this Agreement and the remaining portion of any section which is construed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
32. A failure
of either party to enforce at any time any term, provision, or condition
of this Agreement, or to exercise any right or option herein, shall in
no way be interpreted as a waiver thereof.
33. YOU, THE CUSTOMER, ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. BY SUBSCRIBING AND CONTINUING TO USE THIS SERVICE YOU ACCEPT THE TERMS OF THIS AGREEMENT AND ANY CHANGES OR UPDATES THEREOF.
