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 OneWorld Mailbox doing business as OneWorld Mailbox, hereinafter referred to as (“OneWorld Mailbox ”) under the terms set forth herein and governed by the laws of Ireland.
1. CUSTOMER agrees that CUSTOMER will not use OneWorld Mailbox premises or any OneWorld Mailbox services for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by Irish 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 Irish 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. 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 the 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, OneWorld Mailbox 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. Upon expiration, cancellation or termination of this AGREEMENT, OneWorld Mailbox will:
a. NOT re-mail (i.e., forward or scan) any CUSTOMER's mail. It is the CUSTOMER's responsibility to make arrangements with OneWorld Mailbox to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT. Once the CUSTOMER cancels the agreement and is no longer a customer of OneWorld Mailbox, any new mail received will be sent back to the sender.
b. NOT store the mail or packages. It is the CUSTOMER's responsibility to make arrangements with OneWorld Mailbox to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.
c. NOT retain the CUSTOMER's mail. OneWorld Mailbox holds the right to discard or destroy any mail or package once the CUSTOMER cancels the agreement. It is the CUSTOMER's responsibility to make arrangements with OneWorld Mailbox to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.
d. 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 OneWorld Mailbox.
e. Refuse any package addressed to CUSTOMER delivered to OneWorld Mailbox. OneWolrd Mailbox holds the right to return the mail or package to the sender.
5. OneWorld Mailbox only accepts mail or packages delivered by the Irish Postal Service courier or an authorized courier only, for example, UPS, DPD, FedEx or DHL.
6. OneWorld Mailbox holds the right to change their prices and services at any time by informing the customers at least 1 month in advance.
7. All fees for Services are subject to change at any time, and once paid, are non-refundable.
8. If OneWorld Mailbox reasonably suspects that Renter’s contact information or payment method is fraudulent, or that Renter is using or attempting to use the Services for any unlawful, fraudulent, or illegal activities, OneWorld Mailbox may immediately suspend Renter’s account and/or terminate this Agreement and Renter’s access to the Services without refund.
9. The term of this AGREEMENT shall be the initial period paid by CUSTOMER and any renewal period paid by CUSTOMER from time to time. Renewal of this AGREEMENT for additional terms shall be at OneWorld Mailbox’s sole discretion.
10. CUSTOMER agrees that Anytime Mailbox may terminate or cancel this AGREEMENT for good cause at any time. 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 when due; 4) CUSTOMER receives an unreasonable volume of mail or packages; 5) CUSTOMER engages in offensive, abusive or disruptive behavior toward other customers of OneWorld Mailbox or OneWorld Mailbox'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 CUSTOMER.
11. As CUSTOMER's authorized agent for receipt of mail, OneWorld Mailbox will accept all mail, including registered, insured and certified items. Unless prior arrangements have been made, OneWorld Mailbox shall only be obligated to accept mail or packages delivered by Irish Post courier services. OneWorld Mailbox will store the mail and packages of the CUSTOMER for up to 6 months for a monthly fee. After 6 months of storage, OneWorld Mailbox holds the right to discard or destroy any mail or package or increase its storage prices. It is a CUSTOMER's responsibility to make arrangements with OneWorld Mailbox to identify any mail forwarding needs prior to the expiration of storage.
12. CUSTOMER agrees to protect, indemnify, defend and hold harmless OneWorld Mailbox, 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, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from such use or possession, from the failure of the Irish Postal Service or any 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.
13. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF ONEWORLD MAILBOX, 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.
14. CUSTOMER must use the exact mailing address for the MAILBOX without modification. The Postal Service will return mail without a proper address to the sender endorsed "Undeliverable as Addressed." It is
a CUSTOMER's responsibility
to make sure the correct address is provided to OneWorld Mailbox and the courier. Any additional charges, such as customs or change of address charges, will be paid by the CUSTOMER. OneWorld Mailbox does not hold responsibility for any couriers' damages or delivery.
15. OneWorld Mailbox holds the right to refuse to scan or forward the mail to the CUSTOMER if the CUSTOMER'S or recipients' names are not correct in their account. To receive mail for the recipients of the CUSTOMER, it is the CUSTOMER'S responsibility to make sure the correct names are added to their account.
16. 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 in a writing signed by both parties.
17. OneWorld Mailbox 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.
18. By agreeing below I forfeit all rights to bring a suit against OneWorld Mailbox for any reason. In return, I will receive the MAILBOX and related services. I will also make every effort to obey the laws of Ireland, as listed in writing and as explained to me verbally. I will ask for clarification when needed.
19. The CUSTOMER shall indemnify and hold harmless OneWorld Mailbox, 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 OneWorld Mailbox services under this AGREEMENT.
20. 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.
21. This AGREEMENT may be amended only by written agreement duly executed by an authorized representative of each party via email.
22. 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.
23. This AGREEMENT shall not be assigned by either party without the express consent of the other party.
24. 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.
25. This AGREEMENT is governed by and construed in accordance with the laws of Ireland without reference to any principles of conflicts of laws, which might cause the application of the laws of another State Admitted to the Union. Territories and Protectorates of the Union are hereby discarded and no action may be taken within them against OneWorld Mailbox.
26. The laws of Ireland shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
27. 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 Dublin. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE STATE..
By signing up for OneWorld Mailbox services, you accept this AGREEMENT on the date stated in the introductory clause.