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Terms & Conditions |
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Terms and Conditions of Conducting Business
- Hereafter "The Company" will mean New York Executive Office Inc., "The Subscriber" will mean the firm, organization, or individual (s) named on the application form.
- The service(s) provided by the Company to the Subscriber will consist of (A)
the receiving from the Post Office authorities, private carriers of letters,
packages addressed to the Subscriber and forwarding same to the Subscriber.
(B) The taking of telephone calls and/or messages intended for the Subscriber and relay of same to Subscriber whether by telephone, fax, mail, e-mail or other delivery service(s). (C) The receiving of fax calls and/or messages intended for the Subscriber and relay of same to Subscriber whether by fax, mail, e-mail or other delivery service(s).
(D) Any project based work agreed to and described in writing between the
Company and the Subscriber.
- The Subscriber will at all times keep the Company informed of Subscriber's current address and telephone number, In addition, the Subscriber will at all times keep the Company informed in
writing of Subscriber's current fax number and/or e-mail address if applicable.
- No liability will attach to the Company because of any act, omission, neglect, delay, caused directly or indirectly
by the Company or its employees, agents, or contractors whether by law of contract and/or by way of liability for negligence or other tort.
- All invoices are payable upon receipt, which will be the
lesser of three days from the time of its mailing, dispatch via a private courier, or dispatch with a private courier
service or transmission via electronic means, including e-mail or fax. Any invoices not paid within 10 days will be
subject the lesser of a monthly late fee of 1.5% interest or the maximum interest
permitted by law.
- The Subscriber will fully indemnify and
keep indemnified the Company against any expense, cost, claim, damages or
penalties, including attorney's fees incurred by the Company in the execution
of this Agreement or ancillary thereto however occasioned. At the
Company's request the Subscriber will at its expense defend the Company in any
litigation or proceeding.
- The Subscriber agrees not to send or
deliver or cause to be sent or to be delivered to the Company's premises any
illegal, noxious, harmful, deteriorating, dangerous or bulky object or thing.
In the event of any such item or items being sent or delivered, the Company
will have the right to accept delivery at its sole discretion. The Company
may store or return such bulky object or thing at the Subscriber's expense.
Any object for the purposes of this Agreement is bulky if it is more than 108
inches in combined length and girth and/or with a weight exceeding 30 pounds.
- The Subscriber Agrees with the Company not to carry on any business
or personal activity that is construed by the Company or any party to be, illegal, defamatory, pornographic, immoral or obscene, and the Subscriber agrees not to use the address of the Company either directly or indirectly for any such purpose or purposes. For the purpose of this clause, the Company's decision will be regarded as final. It is specifically understood and agreed that the Company's sign or trading name(s) will not be used by the Subscriber in any form or manner and in no manner will the Subscriber indicate or imply any connection to the Company.
- In the event of any parcel, chattel,
packet or other object addressed to the Subscriber being delivered at the
Company's address the Company will bear no responsibility either to the sender
or the Subscriber and in the event of the Subscriber failing to maintain funds
for forwarding to the Subscriber then the Company is hereby empowered to
discard or sell same and retain proceeds of sale thereof for the absolute use
of the Company. As an alternative the Company may in its absolute discretions
return such parcel, chattel, packet of other object to the sender at any time
after receipt thereof and any and all cost and expenses so incurred by the
Company will be recoverable from the Subscriber upon demand.
- This agreement is subject to written notice of termination to be given by either party to be received 10 days prior to the first day of the month that the agreement is to be terminated. Said written termination will be sent by Certified, Registered, or Recorded Mail, with Return Receipt Requested addressed by the Subscriber to the Company or by the Company to the Subscriber address as shown on the Application for Service with New York Executive Office Inc. respectively.
- In the event of the breach by the Subscriber of any of the above conditions the Company will be entitled to terminate this agreement any time after such breach by sending written notice of such termination to the Subscriber's last known address received by the Company in
writing from the Subscriber will be deemed sufficient notice.
- The Subscriber will reimburse the Company immediately for all sums of money expended by the Company for the Subscriber pursuant to this agreement in the event the Subscriber's account balance is deficient.
- The Subscriber agrees that the Company can use its discretion as to whether or not it discloses the Subscriber's current address on file with the Company. The Company upon being served with a Subpoena or other legal process will disclose any information demanded by said Subpoena or other legal
process. It is understood that the Company may cooperate with any investigation.
- In the event of the Subscriber failing to timely meet its obligation to the Company for service(s) provided by the Company, its agents and contractors to the Subscriber within one week of such payment becoming due, the Subscriber hereby empowers the Company to retain any telephone messages, fax, mail, or parcels delivered by all delivery services addressed or intended for the Subscriber until the Subscriber makes full payment of its liability to the
Company. Such remedies will be in addition to any other legal or equitable remedies.
- The Company reserves the right to refuse an application.
- The Subscriber agrees not to advertise or give the impression that the address of the Company or telephone numbers provided by the Company for Subscriber use are other than a "Correspondence" or "Inquiry" use of the Subscriber without first obtaining written consent from the Company to do or allow otherwise. Telephone numbers will never be announced or advertised on any television program and/or commercial by the Subscriber without first obtaining written consent from the Company to do or allow otherwise.
- This agreement does not create a
landlord/tenant relationship Company and the Subscriber.
- The Subscriber agrees to use all
services of the Company for his or her exclusive personal use, and not for any
other person, real or artificial, or any business entity of the Subscriber,
without the explicit written permission of the Company. The services
provided to the Subscriber by the Company are non-transferable. The
Company does may assert its rights and interests under this and any other
clause at any time, even if the Company has previously not done so in the
past.
- This Agreement, together with any operating rules, policies, price schedules and rate sheets, credit card authorization form, privacy
policy, or other supplemental documents expressly incorporated herein by reference and published from time to time by the Company (collectively the "Agreement"),
constitutes the entire agreement between the Company and the Subscriber regarding the subject matter of this Agreement. By using, ordering, or receiving the products or services provided by the Company either now or in the future, the Subscriber confirms its acceptance of, and agrees to be bound by, this Agreement.
- This agreement will be governed and construed in accordance with the laws of the State of New York, except for its laws relating to conflicts of
law. The Courts of the State of New York will have exclusive jurisdiction.
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