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agreement is made between the 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.
1. The
Agent is the sole owner of the mailboxes located on the Agent’s
premises, and said mailboxes are available for rental to the
general public.
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 mailbox at the Business Development
Centre located in the city of Toronto, 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.
Examples:
Michael Smith or ABC Management Co.
4915 Bathurst St. Unit 209-XXX.
Toronto, ON. M2R 1X9
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.
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.
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 $25. 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. At
the end of the rental period, the Agent shall reimburse the
Customer for the unused part of deposit related to mail forwarding,
paid by the Customer. In this event, with a delay of 8 weeks
from the end of rental period, the Agent will send the Customer
a check for the unused balance of the deposit, paid initially
by the Customer. The delay of 8 weeks is needed to ensure
that all mail arriving after the end of the Agreement will
be forwarded to the Customer.
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 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 at least 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 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. 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 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 $25 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 the initial 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.
By submitting the registration form, the Customer agrees to
be bound by the terms and conditions of this agreement.
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