New York Executive Office Inc.
280 Madison Avenue
New York, NY 10016
TEL: +1 212 685 8550 FAX: +1 212 386 5522
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 not to send or deliver or cause to be sent or to be delivered to the
Company or any other person, entity, computer, private or private or public
network any unsolicited or unwanted commercial electronic mail message or unsolicited advertisement including, but not limited to, other communications or messages commonly known as unsolicited
commercial e-mail, junk e-mail, junk fax, in violation of any Federal, State, or local law or government regulation, including, but not limited to the CAN-SPAM ACT of 2003 and the Telephone Consumer Protection Act of 1991.
- The Subscriber Agrees with the Company not to carry on any business 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 document (physical or electronic), 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 document (physical or electronic), 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. Should any any document (physical or electronic), parcel, chattel, packet or other object, including but limited to, items the Subscriber has entrusted the Company to store or archive be improperly lost, stolen, discarded or destroyed, intentionally or unintentionally, the Company will have no liability to the Customer for any or all losses it may incur directly or indirectly as a result, beyond the refund of any archive or storage fee actually paid for such item.
- 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 will have a general lien on all belongings of the Subscriber that may be on the Company's premises at any time for the monies owing by the Subscriber to the Company on any account whatsoever.
- 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 acknowledges and agrees that that Company does not offer any means for contacting or being connected to 911 or E911 emergency services or similar emergency or non-emergency at any time, such as 112. The inability to contact emergency services, sometimes referred to as public safety answering point (PSAP) as a is worldwide. Subscribers are unable to use the Company services to contact emergency services by all means, including via telephone calls, to, but not limited to, the public switched telephone network(PSTN) or Voice Over Internet Protocol (VOIP). In the event of an emergency, the Subscriber must use an alternative means to contact emergency services, such as through a traditional fixed wired telephone or mobile telephone service. The Subscriber agrees to actively inform anyone that might have access to the Company's services of its inability to be used to contact emergency services.
- 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 agree 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.