Terms & Conditions
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 FUDDS Pack & Ship doing business as FUDDS Pack & Ship hereinafter referred to as (“FUDDS Pack & Ship”) under the terms set forth herein and governed by the laws of Florida.1. Customer agrees that the customer will not use FUDDS Pack & Ship premises or any FUDDS Pack & Ship services for any unlawful, illegitimate, or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. The customer further agrees that any use of the mailbox shall be in conformity with all applicable federal, state, Republic, and local laws. Each individual or entity must complete a separate U.S. Postal Service Form 1583 ("Form 1583") & provide acceptable documentation 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.
a. Minor children must be listed on Form 1583. Additional documentation may be required by FUDDS Pack & Ship for minors, disabled recipients, or individuals under a POA or similar legal agreement. Mail for non-registered individuals will be marked "Undeliverable" per USPS regulation and returned to sender.
b. All employees receiving mail for a registered company must be listed on Form 1583 BEFORE FUDDS Pack & Ship can accept mail on their behalf. The company name is required to be included on all mail pieces for any employees without an executed Form 1583. Mail for non-registered companies and/or employees will be marked as "Undeliverable" per USPS regulation and returned to sender.
c. Per USPS regulation, Customer's photo and address identification must be current and not expired. Customer is required to provide updated Photo identification if the ID has expired during the mailbox/mail service term. Customer is further required to notify FUDDS Pack & Ship of any change in permanent address and provide updated address information.
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, the customer agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to the service of process. The 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, FUDDS Pack & Ship 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 conclusion of mailbox/mail service, i.e., expiration, cancellation, or termination, Customer agrees not to submit a Change of Address Order with the USPS. It is the sole responsibility of Customer to notify correspondents of a change in receiving address prior to expiration, cancellation or termination of mailbox/mail service. FUDDS Pack & Ship does not offer mail forwarding to Customers without an active and paid Mail Service Agreement in place. This constitutes a "Do Not Forward" agreement as per DMM 508.1.8.3.b.
5. Upon expiration, cancellation or termination of this agreement, FUDDS Pack & Ship may:
a. Refuse any mail or package addressed to the customer and delivered to FUDDS Pack & Ship.
b. Discard or destroy any of the customer's mail or packages delivered to or remaining at FUDDS Pack & Ship at such time.
6. The term of this agreement shall be the initial period paid for by the customer and any renewal period paid for by the customer from time to time. Renewal of this agreement for additional terms shall be at FUDDS Pack & Ship’s sole discretion.
7. Customer agrees that FUDDS Pack & Ship may terminate or cancel this agreement for good cause at any time by providing the customer thirty (30) days' written notice. 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 FUDDS Pack & Ship or FUDDS Pack & Ship's employees; and 6) Customer violates any provision of this agreement. The 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 the customer to use the mailbox will be attributed to the customer. Also, suspicious activity will be reported to USPS in accordance with postal regulation and mail will be handled in accordance with instructions provided by USPS during their investigation.
*Please Note: Failure to pay rent in advance by Customer will result in termination of mailbox/mail services at which time Customer understands that per USPS regulation, FUDDS Pack & Ship must continue to accept mail for Customer for a period of 180 days after termination. FUDDS Pack & Ship will not make this mail available to Customer without payment in full for services rendered. FUDDS Pack & Ship will handle such mail in accordance with USPS DMM regulations. *
*Please note that mailbox/mail service fees are due and payable in advance and notice thereof will be placed in Customer's mailbox and emailed if applicable. No other service will be required. Failure to pay such fees when due may result in disruption or cancellation of services. FUDDS Pack & Ship does not prorate fees and does not provide refunds in the event of cancellation by Customer or termination with cause by FUDDS Pack & Ship. FUDDS Pack & Ship reserves the right to assess fees for additional services, failure to adhere to requirements or failure to respond to attempts to gather USPS required information. *
8. Any written notice to the customer required or permitted under this agreement shall be deemed delivered twenty-four (24) hours after the placement of a such notice in the customer's mailbox or at the time personally delivered to the customer. In the event of a termination notice, based upon abandonment of the mailbox, the 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.
9. As the customer's authorized agent for receipt of mail, FUDDS Pack & Ship l will accept all mail, including registered, insured, and certified items. Unless prior arrangements have been made, FUDDS Pack & Ship shall only be obligated to accept mail or packages delivered by commercial courier services that require a signature from FUDDS Pack & Ship as a condition of delivery. Customers must accept and sign for all mail and packages upon the request of FUDDS Pack & Ship. Packages not picked up within three days of notification will be subject to a storage fee of $5.00 per day per package, which must be paid before the customer receives the package. In the event customer refuses to accept any mail or package, FUDDS Pack & Ship 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. C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to FUDDS Pack & Ship.
10. Customer agrees to protect, indemnify, defend and hold harmless FUDDS Pack & Ship , 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 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, Republic or local laws.
11. Customer HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF FUDDS Pack & Ship, 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.
12. 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 as "Undeliverable as Addressed."
13. Delivery by commercial courier services must be made to FUDDS Pack & Ship street address only (and not to a P.O. Box). "P.O. Box" may be used only if it is part of the customer's "Caller Service" (arrangement for delivery of mail through FUDDS Pack & Ship using a U.S. Postal Service address) address format. Upon signing this agreement, the 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.
14. FUDDS Pack & Ship 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. By agreeing below I forfeit all rights to bring a suit against FUDDS Pack & Ship for any reason. In return, I will receive the mailbox and related services. I will also make every effort to obey U.S. law and the laws of Florida, as listed in writing and as explained to me verbally. I will ask for clarification when needed.
16. 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 FUDDS Pack & Ship services under this agreement.
17. 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.
18. Keys: FUDDS Pack & Ship will provide up to 1 key for PHYSICAL mailboxes (this does not apply to any of the VIRTUAL mailbox plans), said keys will be provided to Customer who may collect mail during normal business hours posted by FUDDS Pack & Ship. Mailbox keys remain the property of FUDDS Pack & Ship and shall not be duplicated or modified by Customer. Additional mailbox keys may be provided by FUDDS Pack & Ship for an additional fee. Customer understands that the relationship of the parties hereto is one of bailment and not landlord and tenant. Customer authorizes themself as Authorized Collector of mail per USPS definition. Should customer appoint another person to collect mail or other shipments, it is the responsibility of Customer to provide that individuals name and identifying documents to FUDDS Pack & Ship for collection by the USPS. FUDDS Pack & Ship representatives shall assume that possession of a key is evidence of authority to collect mail, or other shipments and that the customer has supplied the USPS required information for the designated Authorized Collector.
19. This agreement may be amended only by a written agreement duly executed by an authorized representative of each party (email is acceptable).
20. Once mail has been placed in Customers mail in PMB <|Mailbox#|>, the mail shall be deemed to have been delivered, and FUDDS Pack & Ship shall not be responsible for loss, theft, or damage. Notices for packages too large for mailbox will be placed in the mailbox and may require a signature to show that these have been received by Customer. FUDDS Pack & Ship is not engaged in the delivery of mail or other carrier shipments and cannot be responsible for failure in the USPS or other carriers to deliver in a timely fashion or undamaged condition.
21. Customer agrees to release and absolve the United States Postal Service (USPS) and its direct representatives from any and all liability or responsibility for mail that has been delivered to FUDDS Pack & Ship by USPS personnel. All collection, distribution, handling, forwarding or other related services are hereto considered to be separate, non-related transactions of business between Customer and FUDDS Pack & Ship.
22. Customer agrees that parcels delivered to this address for Customer will be delivered by common carrier only, that no truck line deliveries will be made, and that no hazardous or dangerous material will be delivered to Customer. Personal deliveries or deliveries without an established chain of custody will not be accepted. Failure to adhere to any of these parcel delivery stipulations will result in additional fees and/or termination of service.
23. 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.
24. This agreement shall not be assigned by either party without the express consent of the other party.
25. 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.
26. This agreement is governed by and construed in accordance with the laws of Florida without reference to any principles of conflicts of laws, which might cause the application of the laws of another Republic 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 FUDDS Pack & Ship.
27. The laws of Florida shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
28. Any action instituted by either party arising out of this agreement will only be brought, tried, and resolved in the applicable federal or Republic Courts having jurisdiction in Florida. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE STATE.
By checking the box, you accept this agreement on the date stated in the introductory clause.