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Terms and Conditions of the Agreement
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- (a) In these terms and conditions, “the
Company” means Citibox Business
Centres Ltd “the Customer” means the company, firm or individual referred
to as
such in the application form annexed; “the Citibox” shall mean each mail
collection
box at the Company’s address shown on the application form (“the
premises”) having the particular number designated to the Customer and
allocated for the customer’s
exclusive use under this Agreement and “Citibox Number “ shall be
construed
accordingly; “Rent” shall mean such specific fee prescribed by the Company
from time
to time exclusive of value added tax payable by the Customer to the
Company in
advance for the exclusive use of the Citibox; “Mail” shall mean letter,
package,
parcel or other object to be received or dispatched by post or electronic
means to or
from the Citibox.
(b) The following rules of interpretation
shall (unless expressly stated otherwise)
apply to these Terms and Conditions: references to paragraph numbers shall
mean
the paragraphs in these Terms and Conditions; any word denoting the single
shall
include the plural and vice versa; reference to one gender shall include
the other
genders; any word denoting a person shall also include a corporation,
company, firm
or other association.
- Subject to the Customer observing these
Terms and Conditions and to full payment in advance of the charge; the
Company agrees to receive on the Customer’s behalf from the Post Office or
any statutory or other body authorised by law to operate a mail delivery
service, all pre-paid Mail (with dimensions no larger than 24 centimetres
by 30 centimetres) and to deposit the same in the Citibox having the
Citibox Number indicated on the Mail. The Company reserves the right in
its absolute discretion to refuse to accept delivery of Mail for any
reason whatsoever including (without prejudice to the foregoing)
(a) that there is no or insufficient prepaid postage;
(b) if the Rent is in arrears or unpaid or
(c) if the Company is unable to deposit the Mail in the Customer’s Citibox
owing to lack of space or
(d) if it appears to the Company in its opinion that the Mail contains or
comprises of some dangerous, noxious or illegal matter or is of any nature
or condition similar to any of those described in paragraph 6. If the
Company refuses to accept Mail from or for a Customer it shall endeavour
to inform the Customer at his last known address of that decision, but the
Company shall not be responsible for any loss, damage or other
consequences to the Customer or any third party arising there from.
- The Company shall permit the Customer or
his representative or agent to enter
the Premises and to collect his mail during the advertised opening hours
of the
Citibox Branch. It is expressly agreed between the parties that any person
having
possession of the Customer’s Citibox key is deemed to be authorised by the
Customer to enter and collect the Mail on behalf of the Customer and the
Company
shall not under any circumstances be obligated to enquire whether such
person has
been authorised by the Customer. The Company shall not be liable to any
Customer
for any loss or damage whatsoever and howsoever arising in the event that
the key is
in fact in the possession of an unauthorised person.
- (a) The Company shall not be responsible
for the safekeeping of items deposited
in the Citibox nor shall it affect any insurance in respect thereof
whether such items
are in the Citibox or whether the Company, pursuant to paragraph 5, has
removed
them. Accordingly the Company shall not be liable for any loss, damage or
destruction
whatsoever to property in the Citibox or retained or sent to the Customer
whether or
not such loss, damage or destruction is due to any act or omission of any
nature
whatsoever of the Company, its employees or its agents, tenants,
contractors,
invites, licensees or of any other person.
(b) The Customer shall indemnify the Company against any expense,
liability, loss,
claim or proceedings arising out of or in the course of the use by the
Customer of
the Citibox or items deposited in the Citibox except to the extent that
the same may
be caused by the negligence of the Company.
- If any Mail addressed to the Customer
shall be delivered to the Premises, the
Company shall bear no responsibility for its safekeeping, either to the
sender or to
the Customer, and if the Customer fails to remove such Mail within one
month after
a notice to that effect has been deposited in his Citibox or posted by 1st
class post to
the Customer at his address shown in the application form annexed, (“the
Notice
Date”) then the Company is hereby irrevocably authorised by the Customer
to open
and sell the same and to retain from the proceeds of sale sufficient
monies to satisfy
any arrears of Rent and the Company’s costs and expenses; alternatively,
the
Company may in its absolute discretion return such Mail to the sender at
any time
after the Notice Date without notice to the Customer. The Company’s costs
or
expenses incurred in connection with this paragraph shall be paid by the
Customer
to the Company in full upon demand.
- The Customer agrees and undertakes with
the Company not to send or deliver or
cause or permit to be sent or delivered to the Premises any noxious,
harmful,
deleterious, dangerous or bulky object or thing or any illegal,
defamatory, immoral
or obscene material, substance or matter and shall not use the Citibox or
the
Premises, directly or indirectly, for any illegal, immoral, defamatory, or
obscene
purpose. In the event that the Customer is in breach of any part of this
paragraph,
the Company shall (without prejudice to any other right) be entitled to
act in the
manner described in paragraphs 2 or 5 or to dispose of or deal with such
Mail or
other object in such manner as it shall think fit (including reporting the
matter to the
police or other appropriate authorities).
- Unless produced upon the signing of this
agreement, the customer shall, in the
case of an individual produce by way of identification to the Company
within 30 days
hereof, the original, photocopy or faxed copy of any two of the following:
(a) passport,
(b) driving licence,
(c) credit card,
(d) store card,
(e) recent utility bill; and in the case of a company or corporation a
copy of its certificate of incorporation or foreign equivalent.
- If the customer shall fail to comply
with clause 7 hereof or if the charge or any part
thereof shall remain unpaid for seven days after becoming due (whether
formally
demanded or not) or if the Customer shall fail to observe or perform any
of these
Terms and Conditions the Company shall be entitled at any time thereafter
on giving
written notice to the Customer to terminate this agreement forthwith
without
prejudice to any right of action or remedy of the Company in respect of
any
antecedent claim or breach of condition, and without prejudice to its lien
and power
of sale referred to herein.
- This Agreement is subject to written
notice of termination to be given by either party and to expire one month
after notice has been given in accordance with paragraph 13. If the
Customer fails to pay the Charge to the Company within 7 days of such
payment becoming due, whether formally demanded or not, the Customer
hereby gives authority and power to the Company to retain any Mail
addressed to the Customer until payment is made in full to the Company,
and the parties agree that the Company will have a general lien on all
Mail (and the contents thereof) or other objects or property of the
customer that may be in the Company’s possession or on the Premises
(including the contents of the Customer’s Citibox) at any time for such
sums as are owed by the Customer to the Company on any account whatsoever.
Alternatively, the Company may in its absolute discretion return the Mail,
which is the subject of its lien, to the Customer at his address shown on
the Application form.
- In the event that the Company performs
extra services for the Customer at the
Customer’s request, such services shall be provided on these Terms and
Conditions
and subject to such extra charges as shall appear in the Company’s price
list current
at the time at which such services are requested, or as otherwise agreed
between
the parties in writing.
- The Company shall be entitled to
increase the Charge at any time and may alter
the basis on which the Rent is calculated, on giving the Customer not less
than one
calendar month notice of such increase. If the Customer is unwilling to
accept such
increased charge he may terminate this agreement upon receipt of written
notice by
the Company. Failing the giving of such notice of early termination within
seven days
of receipt of the notice of increase the Customer shall be bound to pay
such
increased Charges and may only terminate in accordance with paragraph 8.
- The Citibox and its key shall be
delivered up to the Company by noon on the day
of termination of the rental in as good a state of repair and condition as
they were at
the commencement of the Agreement (subject only to fair wear and tear).
- If the Customer shall lose the key of
the Citibox or shall fail to return it to the
Company on termination of the Agreement he shall forfeit a fine for the
equivalent
of £ 250 and pay any expenses over and above the amount of the fine
incurred by the
Company in forcing open the Citibox, repairing any damage thereby caused
and supplying a new lock and key if necessary.
- Any notice required to be given
hereunder shall be in writing and shall be sent
by registered post in the case of the Company to the address set out in
the application form and in the case of the Customer by 1st class post to
the address
set out in the application form or (at the Company’s option) by deposit in
the
Customer’s Citibox.
- (a) The rights and obligations of the
Company and the Customer under this
agreement shall be governed by and construed in accordance with English
law.
(b) The Customer may not assign any of its rights or benefits hereunder or
share the
use of the Citibox with any third party and in the case of a Corporate
customer with
any other company irrespective of whether the same shall be a subsidiary,
parent or
associated company unless otherwise agreed in writing by the Company.
(c) These Terms and Conditions and the application for annexed constitute
the whole
Agreement between the Company and the Customer relating to the rental of a
Citibox and supersedes any prior agreement, understanding, statement or
proposal.
(d) No person other than a director of the Company or some person
officially authorised
to do so by a director has any authority to commit the Company to any
amendment
herewith or to any amendment or supplement of or to this Agreement after
the
date hereof.
(e) 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 rental of the Citibox.
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