Terms & Conditions & User Agreement
(Valid from 1st October 2017)
Subject to the you, the customer (“the Customer”) observing the Terms and Conditions and User Agreement set out below, postbox4you and postbox4you.ch (“the Company”) agrees to provide a post box service (“the Postbox Service”) to you, the Customer for the term (“the Term”) at the premises (“the Premises”) specified below and in the New Client Sign-in form upon receipt of the payment (“the Payment”). The following are the terms and conditions for use of the postbox4you service(s) including without limitation the postbox4you’s online Client’s account(s), imaging, forwarding, archival, and other services which may be offered from time to time by postbox4you for use with the Client’s membership (each feature individually and collectively referred to as the “Service”).
2. ACCEPTANCE OF TERMS:
Postbox4you online provides online services along with the services provided through our physical locations. Postbox4you frequently updates, modifies and otherwise continually seeks to improve our Services which is simultaneously reflected in our Terms & Conditions/User Agreement without notice to you. The most recent version of the User Agreement can be viewed here at any time.
BY CLICKING THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“USER AGREEMENT”).
This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. The Company reserves the right, as part of our ID Verification & Registration process to run a credit check against the Credit reporting agencies to confirm your address and identity. This User Agreement covers any and all actions related to using your account, permitting someone else to use your account to purchase or otherwise acquire access to additional Postbox Services or to modify or cancel your Postbox Service(s) (even if we were not notified of such authorisation). The acceptance of your application for our services and the performance of such services will occur at our offices in our principal place of business in Zurich, Switzerland.
The Postbox Service provided by the Company will consist of the following services:
a) The Company currently provides services such as scanning, forwarding, archiving, packaging services. Unless explicitly stated otherwise, any new features that enhance or augment the current Service, including the release of new Online Postbox Services, shall be subject to the User Agreement. With accepting our services, you understand and agree that the Service(s) is provided “As is” and that Postbox assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications, documents, or personalisation settings.
b) The Customer agrees that in order to use our services he/she must obtain access to the World Wide Web, either directly or through devices with internet access, and pay any service fees associated with such access. Any equipment necessary to obtain such access are fully and entirely the responsibility of the Customer.
c) The Customer understands and agrees that the technical processing and transmission to the Service(s), including Customer’s content, may involve transmissions over various networks to conform and adapt to technical requirements of connecting networks or devices.
d) The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service(s) (or any part thereof) with or without notice. The Customer agrees that the postbox4you shall not be liable to the Customer or any third party for any modification, suspension or discontinuance of the Service.
e) We will use commercially reasonable efforts to restore the service after any unscheduled outages. The Customer understands and agrees that the access to the Online postbox4you website may be subject to scheduled and unscheduled outages which may impact the Customer’s ability to use the Service(s).
f) The Customer understands and agrees that he/she must change his/her mailing address with those who send him/her mail to the address provided to him/her by The Company to enable the Company to deliver your postal service mail.
g) When the Customer elects the ‘Paperless mail’ service, the Customer authorizes us to open all physical mail we receive on your behalf, whether or not the mail is address to you. The Customer also authorizes us to scan his/her mail into our system and to make and retain paper copies, electronic copies, and/or images of those items.
h) The Customer will provide the Company with instructions on forwarding, archiving, retaining or disposing of the packages and mail items for the associated charges, if any. The Customer must make arrangements with the parties from whom the Customer purchases goods or from whom the Customer otherwise expect packages to be sent to him/her to be sent to a delivery address.
i) Mail items that are not forwarded, recycled, shredded upon receipt can be archived to hardcopy storage for the period the Customer select. Individual original mail pieces are available to the Customer upon request. Processing and storage charges will apply. After the archive period all mail will be shredded and discarded.
j) Electronic versions will be available to the Customer during the period selected. At the end of this period, the electronic versions will be purged from our system and will no longer be available to you.
k) Where a physical post box is requested at the Premises, the Customer will set up his/her own numerical key privately. In the event of the Customer being locked-out of his post box due to forgetting his key, the Customer will be charged CHF 5.00 to provide access.
l) Where a virtual address service is requested at the Premises, the Customer can collect mail from the sales counter during the Premises opening hours.
m) The Customer may use the Postbox Service address provided by the Company as the Registered Address at Commercial Register, provided that the Customer complies with Commercial Register’s requirements and pays an annual Registered Company Address Fee.
n) The Company will receive on the Customer’s behalf all pre-paid mail addressed to the Customer’s post box and will deposit the same in the Customer’s post box.
o) The Company will receive on the Customer’s behalf items of special, registered or recorded delivery mail provided that, if the Customer refuses to accept any such item, the Customer will pay any costs or fees associated with its refusal or return.
p) The Company will not receive items requiring cash on delivery. The Customer must make advance arrangements for their receipt and payment prior to sending them to the Company to the satisfaction of the Company.
q) The Company may in its absolute discretion refuse to accept delivery of any item for any reason, including, without limitation, that
i) there is no or insufficient prepaid postage; or
ii) any Payment is outstanding; or
iii) in the Company’s opinion, delivery of the item is in breach of Condition 5.19 or
iv) the Customer is using the Postbox Service for the delivery of unreasonably large items of mail or an unreasonable volume of items of mail; or
v) any item received is addressed to an individual or business name not listed as a mailing name within the User Agreement; or
vi) If the Postbox Service is being used for the storage or delivery of items of value.
r) If the Customer breaches any of these Terms and Conditions, the Company may terminate the Postbox Service forthwith. The Customer following termination hereby authorizes the Company at the Company’s absolute discretion either to retain, or destroy any items of mail addressed to the Customer or any items on the Premises which are the property of the Customer, or to return them to the sender, or to return them to the last known address of the Customer at the Customer’s risk.
s) If the Customer fails to make any Payment, any mail received after the expiry of the existing agreement may, at the Company’s absolute discretion, be retained for up to 30 days pending Payment. In this event a Late Payment Fee will be charged.
t) If the Customer uses the Postbox Service address within any advertising undertaken via third parties including but not limited to printed or online directories, search engine portals or on the Customer’s own or any other websites, Payment will be required to cover the entire advertising period for which the Postbox Service address is displayed.
u) If any Payments or other sums are outstanding to the Company, the Company shall have a lien over all uncollected items until such Payments are duly made.
v) The Customer undertakes
i) not to use the Postbox Service for any purpose which in the Company’s considered opinion may be deemed to be illegal or antisocial and if it does so it acknowledges that the Company may report the same to any relevant authority; and
ii) not to send or deliver or permit to be sent or delivered to the Premises any illegal, defamatory, obscene, dangerous or bulky object or material.
w) If the Customer is in breach of condition 5.20 of these Terms and Conditions, then the Company may terminate the Postbox Service with immediate effect. In this instance, there will be no refund of the Payment.
x) The Customer authorizes the Company and any of its representatives to sign at their discretion on the Customer’s behalf for any deliveries addressed to the Customer’s Postbox Service address.
y) Any person having possession of the Customer’s post box key combination is deemed to be authorized by the Customer and the Company will not be bound to inquire into the authority of such a person. The Company will not be liable for any loss or damage arising in the event that the key is in the possession of an unauthorized person.
z) The Customer will indemnify the Company against any expense, liability, loss, claim or proceedings incurred by the Company arising from use by the Customer of the Postbox Service, except to the extent that the same is caused by the negligence of the Company.
aa) The Customer may check by telephone or email to see if they have any mail. The Company is not obliged to open and read mail or tell who it is from.
bb) Packages and oversized mail received addressed to the Customer holding a Virtual Postbox, will be held for 5 business days at no extra charge, after which a Storage Fee will be levied per item held, per day.
cc) Where the Customer utilizes the Postbox Service for the regular receipt of parcels or significant volumes of mail which exceed the capacity of the post box allocated, a Mail Handling Fee will be applied at the discretion of the Company.
dd) The Postbox Service is not to be used for the storage or delivery of items of value. The Company has no knowledge of the value of any item of mail and will not accept notification of value. The liability of the Company in respect of any damage or loss is limited to CHF 5.00 for each claim and in aggregate shall not exceed the amount of the Payment in any Term.
ee) The Company shall not be liable for any indirect or consequential loss, including loss of profit, nor for any liabilities, costs, claims, demands or expenses arising from any event beyond its control including, but not limited to, any loss, damage, delay or non-delivery on the part of Swiss Post or any other carrier.
ff) Additional Names:
i) Holders of a “Personal” Postbox Service are entitled to the primary box holder’s name. A “Personal” post box may not be used for commercial purposes.
ii) Holders of a “Business” post box service are entitled to have one (1) Company registration listed as recipient of mail.
iii) Additional names listed are subject to an Additional Registered Name Fee.
gg) The Customer may select a Mail Forwarding service. The Company will forward mail to an address nominated by the Customer on an agreed basis. For this service, the Customer will pay a Mail Forwarding Fee in addition to the cost of materials and postage or courier charges each time mail is forwarded. A Mail Forwarding deposit will be payable in advance.
5. YOUR MEMBERSHIP OBLIGATIONS
a) In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as given on the postbox4you Registration Form, and maintain and promptly advise the Company of any update to the Registration Data to keep it true, accurate, current and complete.
b) If the Customer provides any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
c) It is the responsibility of the Customer to notify the Company of any change in address or contact details, or any change to named recipients of mail in writing, during the period of the User Agreement.
d) The Customer may not assign any of its rights or benefits hereunder.
e) You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Switzerland or the country in which you reside.
f) You agree to indemnify and hold postbox4you and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post to or transmit through the Postbox Service, your use of the Postbox Service, your connection to the Postbox Service, your violation of the User Agreement, or your violation of any rights of another.
g) No Reverse Engineering or Alteration. You may not modify, translate, reverse engineer, decompile, or disassemble postbox4you.ch, its services, or any component thereof (including, but not limited to, any third party content or services contained in postbox4you.ch), or remove any proprietary notices or labels contained in postbox4you.ch or permit any other party to do so. All applicable rights to patents, copyrights, trademarks and trade secrets contained in postbox4you.ch and any modifications to them are, and shall remain, the property of postbox4you or its third party content and/or service providers, as the case may be.
h) You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. NOTIFICATIONS AND ANNOUNCEMENTS
You authorise us to notify you as our customer of information that we deem is of potential interest to you. Notices, notifications and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet communication or to enhance your use of the Internet and/or other relevant matters.
7. PAYMENTS, FEES, RIGHT TO CANCEL
a) Payment for the Postbox Service (“the Payment”) is payable in full in advance at the applicable rate then in effect as listed at the Company’s website, postbox4you.ch before the post box is used.
b) The Company reserves the right to adjust its rates at any time without prior notice.
c) The Company may from time to time offer limited time “Free Trial” or similar promotions during which no subscription fee or a reduced subscription fee shall apply. During such promotions, all provisions of this Agreement shall remain in full force and effect. The Company may at its discretion place restrictions on such “Free Trials”, such as limiting you to one free trial, limiting available features or services, etc.
d) Notwithstanding clause 5.1, payment may be made in installments in limited, specific circumstances, under the postbox4you Direct Debit scheme where this is offered by the Company.
e) If the Company does not receive full payment of your post box account balance within fourteen (14) days of the date issuing of your Invoice, a Late Payment fee of CHF 10.00 will be applied to your outstanding balance.
f) If the Company does not receive full payment of your post box account balance within (30) days of the date of issuing of your Invoice, additional Late Payment fee of CHF 30.00 will be applied to your outstanding account balance.
g) The Company will apply an additional 2% interest (or the highest amount permitted by the Swiss law, whichever is lower) per month late charge may be added to your bill and will be immediately due and payable.
h) The Customer agrees to be liable for all Legal fees, costs and/or disbursements incurred by the Company related to the collection of your unpaid account.
i) The charges contained on your Invoice will be deemed acceptable by you unless you notify the Company of any billing discrepancy within fourteen (14) days after they first appear on your Invoice.
j) The Customer agrees to timely pay for any services or purchases made or facilitated through postbox4you, including any communication or other charges incurred in connection with your use of your Account.
k) Accepted methods of payment:
i) Paypal, bank/wire transfer, bank cards and altcoins are accepted for payment. Bank/personal cheques are not accepted as a form of payment.
ii) Credit Card Payment. If you have elected to pay by credit card, and the Company does not receive payment from the credit card issuer, you agree to pay all amounts due postbox4you immediately upon demand by postbox4you. Each time you use your post box you agree that the Company is authorised to charge your designated credit card account for the applicable rate then in effect. (Your agreement with your credit card issuer governs use of your credit card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder.)
l) The Customer may terminate the Postbox Service at any time with 90 days’ notice of cancellation and for any reason. For such cancellation to be effective, it must be carried out in accordance with the policies and procedures established by postbox4you. It the Agreement is terminated by you during a calendar month, your service will continue through the end of the following month plus 90 days. For questions on the appropriate method to cancel this Agreement, please use “Contact Us” section of the postbox4you web site. Prior to cancellation, it is recommended that you change your postbox4you address to your new address with all senders who send your mail to your Postbox Service address.
m) REFUNDS. If you cancel your contract in accordance with the policies and procedures established by postbox4you and if there is a credit on your account, postbox4you will credit the paid plan contract and re-invoice to the end of the termination date, on a monthly plan rate (not a discounted rate) such credit, less any other outstanding payments, fees or monies due to postbox4you.
n) Where the Customer has purchased the Postbox Service online or in-store, the Customer may cancel the order and receive a full refund provided the Company receives the Customer’s request in writing to email@example.com within 24 hours of the purchase transaction. The Postbox Service purchase will be considered live and operational once the Company has issued the post box number or the customer number. The Term will commence at this time. Any cancellation of a Personal Postbox Service, where the service has not been used, made up to 14 days after this point, will incur a cancellation charge of CHF 25.00 including VAT to cover administration costs. In all other circumstances clause 7.12 will apply.
o) RENEWAL. The Company will reactivate the customer account and original address at the end of the contract date (new renewal date). The ID Verification and Registration fee is payable at any renewal on annual basis.
9. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you selected Paperless service, you will receive a password and account designation as part of the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
a) immediately notify postbox4you of any unauthorised use of your password or account or any other breach of security, and
b) ensure that you exit from your account at the end of each session. Postbox4you cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
10. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSTBOX4YOU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POSTBOX4YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a) THE USE OR THE INABILITY TO USE THE SERVICE;
b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
c) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ONTHE SERVICE; OR
e) ANY OTHER MATTER RELATING TO THE SERVICE.
11. The rights and obligations of the Company and the Customer under this User Agreement shall be governed and construed in accordance with Swiss Federation law.
12. These Terms and Conditions shall prevail notwithstanding any conflict with the terms and conditions of any order or contract submitted by the Customer in respect of the Postbox Service or any other services provided by the Company.
13. SEVERABILITY: You agree that the terms of this User Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
14. ENTIRETY: You agree that this User Agreement, the rules and policies published by us, the dispute policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This User Agreement, our rules and policies, the dispute policy and the privacy statement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
15. NON-ASSIGNMENT: Your rights under this User Agreement are not assignable. Any attempt by you to assign your rights shall render this User Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this User Agreement, whether by attachment, garnishment or otherwise, shall render this User Agreement voidable at our option.
16. AGREEMENT TO BE BOUND: By applying for a postbox4you service(s) through our online application process or by using the service(s) provided by postbox4you under this User Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this User Agreement and any pertinent rules or policies that are or may be published by postbo4you.
17. FORCE MAJEURE: Our delay in or failure to perform any of the services under this Agreement shall be excused if such delay or failure is caused by strike, fire, flood, earthquake, acts of nature, governmental action, failure of suppliers, communications lines failures, power failures, or for any other cause or event beyond our reasonable control. In such instances, we agree to resume performance of the services as soon as commercially feasible to do.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright © 2018 postbox4you/postbox4you.ch and/or its suppliers, c/o postbox4you, Talacker 35, 8001 Zurich, Switzerland. All rights reserved.
Any rights not expressly granted herein are reserved.
To download the postbox4you Terms & Conditions & User Agreement then please click here: Terms and Conditions.