Terms & Conditions
Mailbox Service Agreement (“Agreement”)This 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 On The Go Mail Services (“Company”) under the terms set forth herein and governed by the laws of the State of Ohio.
1. Lawful Use / USPS Compliance
Customer agrees that Customer will not use Company premises or any Company services for any unlawful, illegitimate, or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. Customer further agrees that any use of the Mailbox shall be in conformity with all applicable federal, state, 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. Confidentiality / Government Requests / Updated Documents
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, Customer agrees to complete all necessary documents, including Form 1583 and any required acknowledgment forms relating to services. Customer further agrees to sign an updated version of this Agreement and Form 1583 upon request.
3. Access / Authority / Death or Incapacity
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 Customer, Company will require appropriate documentation (including, as applicable, Probate Court documents and authority of an executor, trustee, or similar authorized party) before releasing mail or packages.
4. Mail Handling After Expiration, Cancellation, or Termination
Upon expiration, cancellation, or termination of this Agreement, Company will:
a. Forwarding (Re-mail): Forward Customer’s mail for six (6) months, provided Customer pays postage, packaging material, and forwarding fees in advance. Customer must also pay any applicable monthly storage/handling fee(s) in advance for the time period mail is to be forwarded. It is Customer’s responsibility to make arrangements with Company prior to expiration/cancellation/termination.
b. Storage: Store mail or packages for up to six (6) months provided Customer pays an applicable storage fee per month for the time period Company holds the items, plus any applicable service/handling fee(s) for pick-up visits. It is Customer’s responsibility to make arrangements with Company prior to expiration/cancellation/termination.
c. No Funds / No Address: Retain Customer’s mail (other than Unsolicited Mail) at the Center for ten (10) days if Customer leaves no forwarding fees and no forwarding address. After such time, any mail or package may be discarded or destroyed.
d. Unsolicited Mail: 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 Company.
e. Non-USPS Packages: Refuse any package addressed to Customer delivered by any party other than the U.S. Postal Service, such as a commercial courier service (unless accepted under Section 9).
Rates & Fees Schedule (applies to Sections 4, 6A, 9): Any fee listed as “to be determined” or not specifically stated herein will be charged according to Company’s current Rates & Fees Schedule available in the portal and/or at the Center. Company may update fees with notice posted in the portal or at the Center.
5. Additional Post-Cancellation/Termination Rights
Upon cancellation or termination of this Agreement, Company may:
a. Refuse any mail or package addressed to Customer and delivered to Company.
b. Discard or destroy any of Customer’s mail or packages delivered to or remaining at Company at such time.
6. Term / Renewal
The term of this Agreement shall be the initial period paid for by Customer and any renewal period paid for by Customer from time to time. Renewal of this Agreement for additional terms shall be at Company’s sole discretion.
If Customer is enrolled in recurring billing/auto-renew through the portal, Customer authorizes Company to charge the payment method on file for renewals and applicable fees unless Customer cancels before the renewal date.
6A. Payments; Cancellation; Refunds (NO PRORATION)
a. Mailbox plan fees are non-refundable and non-prorated. All mailbox plan subscription fees are earned upon payment and are non-refundable and non-prorated, including if Customer cancels early, does not use the Mailbox, changes plans, or is unable to access services for reasons outside Company’s control.
b. Cancellation stops future renewals only. Cancellation ends future billing (if applicable) but does not eliminate charges already incurred. Customer remains responsible for all charges incurred prior to and after cancellation/termination as applicable, including (without limitation) storage, forwarding, postage, packaging, handling, return-to-sender charges, and any per-item service fees.
c. No refunds upon termination for good cause. If Company terminates this Agreement for good cause, no refunds will be issued and Customer remains responsible for all unpaid balances and fees.
d. Postage/forwarding balances (if maintained). If Customer maintains a separate prepaid postage/forwarding balance, any refund of an unused balance (if offered) is at Company’s discretion and will only be considered after: (i) mailbox closure is completed, (ii) all mail/items are picked up/forwarded/disposed, and (iii) all fees are paid in full.
e. Chargebacks / payment disputes. Initiating a chargeback or payment dispute does not cancel this Agreement. Company may suspend service during disputes, and storage/handling fees may continue to accrue until resolved. Customer remains responsible for fees incurred.
f. Exceptions only in writing. Any exception to this Section 6A must be approved in writing by an authorized Company representative (email acceptable).
7. Termination for Good Cause
Customer agrees that Company may terminate or cancel this Agreement for good cause at any time by providing Customer thirty (30) days written notice. Good cause includes, 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 or employees; and (6) Customer violates any provision of this Agreement. Actions of any person authorized by Customer to use the Mailbox will be attributed to Customer.
Abandonment includes (without limitation) failure to pay amounts due, failure to respond to Company notices, or failure to pick up/arrange handling of mail/packages within required timeframes.
8. Notices
Any written notice 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 Customer. In the event of a termination notice based upon abandonment, notice shall be deemed delivered (a) the next day after placing in the hands of a commercial courier service or USPS for next-day delivery, or (b) five (5) days after placement in the U.S. Mail by Certified Mail, Return Receipt Requested, postage prepaid, addressed to Customer at Customer’s address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.
9. Acceptance of Mail / Packages / Storage Fees
As Customer’s authorized agent for receipt of mail, Company will accept all mail, including registered, insured, and certified items. Unless prior arrangements have been made, Company shall only be obligated to accept mail or packages delivered by commercial courier services that require a signature as a condition of delivery. Customers must accept and sign for all mail and packages upon Company request. Packages not picked up within three (3) days of notification may be subject to storage fees (including $5.00 per day per package as currently stated). In the event Customer refuses to accept any mail or package, Company may return the item to sender and 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.
10. Indemnification (General)
Customer agrees to protect, indemnify, defend, and hold harmless Company and its 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: failure of USPS or any commercial courier to deliver on time; damage to or loss of any package or mail; damage to mailbox contents by any cause; and any violation by Customer of applicable laws.
11. Limitation of Liability
Customer agrees that the total amount of liability of Company, 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.
Company is not liable for indirect, incidental, special, consequential, or punitive damages to the fullest extent permitted by law.
12. Address Formatting Requirement
Customer must use the exact mailing address for the Mailbox without modification as set forth in Section 3 of Form 1583. USPS may return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
13. Courier Deliveries / ID Requirement / Modifications
Delivery by commercial courier services must be made to Company’s street address only (and not to a P.O. Box). “P.O. Box” may be used only if it is part of Customer’s “Caller Service” address format. Upon signing this Agreement, Customer shall provide two forms of valid identification, one of which shall include a photograph. This Agreement may not be amended or modified except as stated in Section 18.
14. Inspection of Damaged / Questionable Items
Company 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. Disputes / Clarification
Customer agrees to make every effort to comply with U.S. law and the laws of Ohio as applicable. Customer agrees to request clarification when needed. Any dispute related to this Agreement must be brought only as permitted under Sections 22 and 24 (Governing Law and Venue), and Customer agrees to attempt good-faith resolution with Company before filing any action.
16. Indemnification (Additional)
Customer shall indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, and employees from any and all claims, demands, losses, causes of action, damages, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to Company services under this Agreement.
17. Entire Agreement
This Agreement, and any accompanying appendices, duplicates, or copies, constitute the entire agreement between the Parties with respect to the subject matter and supersede all prior negotiations, agreements, representations, and understandings.
18. Amendments
This Agreement may be amended only by a written agreement duly executed by an authorized representative of each party (email is acceptable).
19. Severability
If any provision is held unenforceable for any reason, such provision shall be modified to reflect the parties’ intention, and all remaining provisions remain in full force and effect.
20. Assignment
This Agreement shall not be assigned by either party without the express consent of the other party.
21. No Waiver
A failure or delay in exercising any right, power, or privilege will not operate as a waiver. A single or partial exercise will not preclude any subsequent exercise of that or any other right.
22. Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. (For clarity: any non-U.S. treaty or convention that would otherwise apply is disclaimed to the fullest extent permitted.)
23. (Reserved)
24. Venue / Jurisdiction
Any action instituted by either party arising out of this Agreement will only be brought, tried, and resolved in the applicable courts having jurisdiction in Ohio. Each party consents to the exclusive personal jurisdiction and venue of courts in Ohio to the extent permitted by law.
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By checking the box, you accept this Agreement on the date stated in the introductory clause