Mail Service Agreement

Mailbox Service Agreement – Last updated 1 Jan, 2024

This MAILBOX Service Agreement (“Agreement”) is made and entered into by the customer (“CUSTOMER”) for the use of and services related to a virtual or physical mailbox (the “MAILBOX”) at KINDLING COWORKING, LLC., hereinafter referred to as (“KINDLING”) under the terms set forth herein and governed by the laws of the State of Washington

1. CUSTOMER agrees that CUSTOMER will not use KINDLING premises or any KINDLING services for any unlawful, illegitimate, or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations or KINDLING policy. 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. Until Form 1583 is received in full and approved by KINDLING the recipient is not authorized to receive items, and any items received may be returned to the sender or destroyed at KINDLING’s sole discretion.

    

2. 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 form relating to service of process. CUSTOMER further agrees to sign an updated version of this AGREEMENT and Form 1583 upon request.

    

3. 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 the CUSTOMER, KINDLING 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 a requesting party.

    

4. CUSTOMER agrees to pay a non-refundable security deposit as determined by KINDLING, as well as applicable set-up and/or monthly service fees. The security deposit is not refundable upon expiration, cancellation, or termination of this AGREEMENT. MAILBOX service fees are all due and payable in advance and CUSTOMER agrees that KINDLING may hold mail and packages pending payment. There will be no pro-rations or refunds for cancellation of any service. CUSTOMER agrees to pay a late fee of $35.00 if any payment is not received within five (5) days of when due. MAILBOX service fees and other related fees stated herein are subject to change. In the event that CUSTOMER receives an unreasonable volume of mail or packages at the MAILBOX according to the KINDLING’s reasonable judgment, KINDLING may require CUSTOMER to upgrade to a larger size MAILBOX service plan and/or pay any additional charges. KINDLING reserves the right to increase the MAILBOX service fees in the event that CUSTOMER adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at the MAILBOX pursuant to Form 1583.

    

5. Upon expiration, cancellation, or termination of this AGREEMENT, KINDLING will:

   1. Re-mail (i.e., forward) CUSTOMER’s mail for six (6) months, provided CUSTOMER pays the postage, packaging material, and forwarding fees in advance. Additionally, CUSTOMER must pay a storage fee as outlined in Appendix 1 “Mail Storage Fees”. It is the CUSTOMER’s responsibility to make arrangements with KINDLING to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.

   2. Store the mail or packages for up to six (6) months provided CUSTOMER pays a storage fee of $150.00 per month for the time period in which KINDLING holds the mail or package(s), plus any additional service fee(s) to be determined by KINDLING to pick up such items. It is the CUSTOMER’s responsibility to make arrangements with KINDLING to identify any mail storage needs prior to the expiration, cancellation or termination of this AGREEMENT.

   3. Retain CUSTOMER’s mail, other than Unsolicited Mail, at the Center for a period of ten (10) days if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed.

   4. 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 KINDLING

   5. Refuse any package addressed to CUSTOMER delivered by any party other than the U.S. Postal Service, such as a commercial courier service.

       

6. Upon cancellation or termination of this AGREEMENT, KINDLING may:

   1. Refuse any mail or package addressed to the CUSTOMER and delivered to KINDLING

   2. Discard or destroy any of the CUSTOMER’s mail or packages delivered to or remaining at KINDLING at such time.

   3. Charge, invoice, or collect any balance due including, but not limited to, mailbox fees or other applicable service fees for administration, closure, collection, or legal fees, as determined by KINDLING.

       

7. 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 KINDLING’s sole discretion.

    

8. CUSTOMER agrees that KINDLING may terminate or cancel this AGREEMENT with or without cause at any time by providing CUSTOMER thirty (30) days written notice. 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 when due;

   4. CUSTOMER receives an unreasonable volume of mail, packages, or requests;

   5. CUSTOMER engages in offensive, abusive or disruptive behavior toward other customers of KINDLING or KINDLING’s employees or other designated staff;

   6. CUSTOMER violates any provision of this AGREEMENT; and/or

   7. KINDLING makes a business decision to no longer offer a product or service, or chooses to sever the CUSTOMER relationship for any reason. CUSTOMER acknowledges that, for the purpose of determining 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 CUSTOMER.

       

9. Any written notice to CUSTOMER required or permitted under this AGREEMENT shall be deemed delivered twenty-four (24) hours after placement of such notice in the CUSTOMER’s MAILBOX or at the time personally delivered to 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 the United States Postal Service for next day delivery, or (b) five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to CUSTOMER at CUSTOMER’s address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.

    

10. As CUSTOMER’s authorized agent for receipt of mail, KINDLING will accept all mail, including registered, and insured, for authorized and approved recipients. KINDLING will not sign or accept certified mail. The CUSTOMER must make arrangements to be physically present to accept certified mail. Unless prior arrangements have been made, KINDLING shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from KINDLING as a condition of delivery. KINDLING will not accept Cash on Delivery (COD) packages from any courier. CUSTOMER must accept and sign for all mail and packages upon the request of KINDLING Packages not picked up within three days of notification will be subject to a storage fee as determined by KINDLING, which must be paid before CUSTOMER receives the package. In the event CUSTOMER refuses to accept any mail or package, KINDLING 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. In the event mail or package items are unable to be returned to the sender for any reason, KINDLING may destroy or discard the mail or package item at its sole discretion.

     

11. CUSTOMER agrees to protect, indemnify, defend and hold harmless KINDLING, and their 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 or related service, 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 U.S. 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, state or local laws.
    


12. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF KINDLING, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $50.00 REGARDLESS OF THE NATURE OF THE CLAIM.

     

13. CUSTOMER must use the exact mailing address for the MAILBOX without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”

     

14. Delivery by commercial courier services must be made to KINDLING 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” (arrangement for delivery of mail through KINDLING using a U.S. Postal Service address) address format. Upon signing this AGREEMENT, CUSTOMER shall provide two forms of valid identification, one of which shall include a photograph, the other shall include the name and address that is traceable to the CUSTOMER. KINDLING reserves the right to approve or reject identification or other CUSTOMER documentation at its sole discretion.

     

15. KINDLING 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, and may involve law enforcement or the United States Postal Inspection Service.

     

16. By signing up for the service, or agreeing to the terms online, CUSTOMER forfeits all right to bring a suit against KINDLING for any reason. In return, CUSTOMER will receive the MAILBOX and related services. CUSTOMER will also make every effort to obey U.S. law and the laws of the State of North Carolina, as listed in writing and as explained verbally. CUSTOMER agrees to ask KINDLING for clarification when needed.

     

17. The CUSTOMER shall indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents, and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the KINDLING products or services under this AGREEMENT.

     

18. This AGREEMENT, and any accompanying appendices, duplicates, or copies, constitute the entire agreement between the Parties with respect to the subject matter of this AGREEMENT, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this AGREEMENT.

     

19. This AGREEMENT may be amended or modified by KINDLING at any time with or without prior notice. The CUSTOMER agrees that any amendment or modification they wish to execute must be approved by KINDLING in writing.

     

20. If any provision or provisions of this AGREEMENT shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this AGREEMENT shall remain in full force and effect for the duration of this AGREEMENT.

     

21. This AGREEMENT shall not be assigned by CUSTOMER without the express consent of KINDLING

     

22. A failure or delay in exercising any right, power or privilege in respect of this AGREEMENT will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

     

23. This AGREEMENT is be governed by and construed in accordance with the laws of the State of Washington without reference to any principles of conflicts of laws, which might cause the application of the laws of another State Admitted to the Union (the “United States of America”, or the “Union”). Territories and Protectorates of the Union are hereby discarded, and no action may be taken within them against KINDLING.

     

24. The laws of the State of Washington shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.

     

25. Any action instituted by either party arising out of this AGREEMENT will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of Washington, County of Walla Walla. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE STATE OF WASHINGTON

 

By subscribing to the MAILBOX service from KINDLING, you agree to and accept this AGREEMENT on the date your subscription is created, updated, changed, or renewed.