Mailbox T&C's

Introduction

NECC provides a mailbox service at its Newcastle city centre Office (NE1) and its Durham Office (DH1). This service offers businesses the opportunity to use a professional business address for correspondence, including registration with Companies House. The Service includes mail reception and storage.

The mailbox service is charged at a flat rate of £40 per month (including VAT), unless otherwise agreed.

This Agreement sets out the terms and conditions between NECC (North East Chamber of Commerce) and the Customer for the provision of the mailbox service. By using the mailbox service, the Customer agrees to comply with all terms and conditions contained within this Agreement.

1. Definitions

1.1. "Agreement" means this Service Agreement, including all annexes, schedules, and addendums hereto.

1.2. "Customer" refers to the individual or entity purchasing the mailbox service from NECC.

1.3. "Mailbox Service" refers to the service provided by NECC to the Customer, which includes the provision of a business address, mail sorting, and mailbox access

1.4. "NECC" refers to the North East Chamber of Commerce, the provider of the mailbox service.

1.5. "Subscription Fee" refers to the fee paid by the Customer for the mailbox service, as outlined in the applicable invoice.

1.6. "Subscription Term" refers to the period during which the mailbox service is provided to the Customer under this Agreement.

1.7. "Effective Date" means the date on which the Customer first uses the mailbox service or the date this Agreement is signed, whichever is earlier.

1.8. "Confidential Information" refers to any non-public, proprietary, or confidential information disclosed by one party to the other under this Agreement.

1.9. "Force Majeure Event" refers to any event beyond NECC’s reasonable control, including but not limited to acts of God, war, strikes, pandemics, or governmental restrictions, which may affect the performance of NECC’s obligations under this Agreement.

2. Customer Obligations

2.1. Identification and Verification:

To activate the service, the Customer must provide photo ID and proof of residency. This is required to confirm the Customer's identity and to ensure the mailbox is used appropriately.

2.2. Responsibility for Mail Collection:

It is not the responsibility of NECC to inform the Customer of the arrival of any post.

It is the Customer's responsibility to regularly collect their mail from the NECC premises. Failure to do so for an extended period may result in mail being returned, destroyed, or discarded.

NECC will only notify the customer of mail once the mailbox is full an no more mail can be accepted. At this time NECC will then send a weekly reminder to empty the mailbox. After three (3) weekly reminders NECC reserves the right to terminate the mailbox service.

2.3. Mail Handling and Notification:

NECC Community Host team will ensure all mail will be stored securely until it is collected. NECC will take reasonable care of mail, but is not responsible for lost, damaged, or delayed mail.

2.4. Use of Service:

The mailbox service is provided for the purpose of receiving business-related mail. The Customer agrees not to use the service for personal use and understands that parcels of any kind cannot be delivered to this address.

2.5. Illegal Use of the Service:

The Customer agrees not to use the mailbox address for any illegal purposes, including but not limited to illegal business activities, fraud, or any violations of local laws. Any such use may result in the immediate termination of the mailbox service.

3. Subscription Grant

3.1. Grant of Subscription

NECC grants the Customer a non-exclusive, non-transferable subscription to use the mailbox service solely for the Customer's business purposes, subject to the terms of this Agreement. The Customer shall not use the mailbox service for any illegal, unlawful, or fraudulent activity.

3.2. Restrictions on Use

The Customer agrees not to:

(a) Transfer, assign, or sub-let the mailbox service or any part thereof without NECC's prior written consent;
                (b) Use the mailbox service in any manner that violates any applicable laws or regulations;
                (c) Allow third parties to use the mailbox service or the address provided by NECC;
                (d) Modify or tamper with the mailbox service in any way that would interfere with its normal operation.

3.3. Subscription Term

The term of the subscription to use the mailbox service shall be a monthly rolling term, unless otherwise agreed. The term begins on the date the customer first uses the service unless the service is used in conjunction with an NECC Membership package in which the term begins on the date of joining Membership. The subscription will automatically renew on a rolling monthly basis until terminated in line with this Agreement.

4. Property Rights

4.1. Ownership of Service

The mailbox service provided by NECC is and shall remain the property of NECC. All intellectual property rights related to the mailbox service, including any software, technology, and materials, are owned by NECC or its licensors.

5. Warranty and Disclaimer

5.1 Warranty

Subject to the limitations and exceptions set forth in this Agreement, NECC warrants that for a period of thirty (30) days from the delivery of the mailbox service, the service will meet the standards set forth in this Agreement when used for the purpose and in the manner authorized. If there are any issues with the Mailbox service provided NECC will offer to remedy them at their sole discretion:

(a) To correct any failure of the mailbox service to perform as warranted;

(b) To replace the service with an alternative service; or

(c) Termination of this Agreement and refunding the portion of the prepaid subscription fee associated with the unused prepaid portion of the then- current subscription term.

5.2. Risk

The Customer’s use of the mailbox service is at their own risk. Except for the express warranty stated above, the service is provided “as is,” and the Customer accepts the entire risk as to the quality, performance, and results of using the service. Except as otherwise restricted by law, NECC and its suppliers and distributors disclaim all other warranties, representations, conditions, or guarantees of any kind, either express, implied, statutory, or otherwise, oral or written, with respect to the service, including without limitation any implied warranties or conditions:

(a) Of merchantability;

(b) Of satisfactory or merchantable quality;

(d) Of non-infringement; or

(e) Arising from course of performance, course of dealing, or usage of trade.

Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusion may not apply to the Customer, and the Customer may have other legal rights that vary by jurisdiction.

6. Privacy and Data Protection

6.1 Data Sharing:

NECC will share customer details with partners Floe Technology Ltd for the purpose of invoicing only.

NECC will upload customer name and email address to a door access system called ‘Kisi’ this system is used by NECC for all door security.

Beyond this NECC will not share Customer information with third parties, except where required by law. All information collected is for the sole purpose of providing the mailbox service and will be kept confidential.

6.2 Data Security:

NECC employs appropriate security measures to ensure that all Customer data is stored and processed securely, in compliance with applicable data protection laws.

7. Fees and Payment

7.1. Subscription Fee

The Subscription Fee shall be invoiced Monthly in advance unless otherwise agreed or included in a Membership Package. Invoices will be stated in British Pounds and shall be due and payable within seven (7) days following the invoice date unless otherwise specified herein or agreed upon in writing by the parties.

7.2. Late Payments

Late payments shall be subject to a service charge equal to the lesser of 10% per month or the maximum amount allowed by law, with respect to the overdue amount. Failure to pay the Subscription Fee may result in the suspension of the mailbox service until payment is received in full. NECC reserves the right to terminate the service if payments are repeatedly late

7.3. No Refunds

Subscription fees are non-refundable except as expressly provided for herein.

7.4. Lost Property and Damages

If the Customer loses or damages any access key to the building and or the Mailbox service, they are to inform NECC immediately on the discovery of the loss or damage. The Customer will be charged a £20 Fee for the replacement of lost or damaged building access Key Card and a £25 Fee for the replacement of a Mailbox Lock due to loss of key or damages to the Mailbox.

8. Term; Termination

8.1. Subscription Term

The initial subscription period of this Agreement shall commence on the Effective Date, and be automatically renewed on a monthly rolling basis thereafter unless either party gives the other party written notice of its intent not to renew at least thirty (30) days prior to the expiration of the then-current term (each subscription period, a “Subscription Term”).

After the initial term, the Customer shall pay the same Subscription Fee on the Renewal Date, plus, at NECC’s discretion, any inflation adjustment. The Renewal Date is the anniversary of the commencement of the initial subscription period. For the avoidance of doubt, all subsequent Subscription fees will be invoiced prior to the monthly Renewal Date, and payment must be received by NECC by the relevant Date.

NECC will make inflation adjustments when invoices are being calculated and issued. Inflation will be calculated by reference to the Retail Prices Index (All Items) published by the UK Government. If that index ceases to be published, NECC will make a reasonable choice of another index.

8.2 Termination by the Customer

The Customer may terminate this Agreement at any time by providing thirty (30) days' written notice to NECC. The Customer will remain responsible for all outstanding fees up to the date of termination.

The customer can terminate the use of the service immediately upon written notice in the event of:

The bankruptcy, insolvency, or placing of the assets or the business of the other party in the hands of a receiver or trustee;
The filing of a petition for bankruptcy or reorganization by or against the other party;
The dissolution or liquidation of the other party.

8.3. Termination by NECC

NECC reserves the right to terminate the mailbox service with thirty (30) days written notice at any time.

NECC reserves the right to terminate the mailbox service immediately if the Customer fails to comply with these Terms, including repeated late payments, misuse of the service, or failure to collect mail after three notifications. If any illegal activity is identified, NECC may terminate the service without notice.

8.4. Effect of Termination

Upon any termination of this Agreement:

(a) The Customer has thirty (30) days from date of termination to:

Discontinue all use of the mailbox service;
Return all keys and access to cards for the Mailbox Service
Certify in writing to NECC that it has complied with these requirements.

(b) After thirty (30) days NECC shall terminate the Customer’s access to any mailbox-related services.

Termination of this Agreement will not limit either party from pursuing other remedies available to it, including injunctive relief, nor will such termination relieve the Customer’s obligation to pay all fees that have accrued or are otherwise owed by the Customer for the balance of the then-current term. Any provisions providing for limitations on liability, and those terms which by their nature are intended to survive any termination of this Agreement shall survive termination.

9. Indemnification

9.1. Indemnification

NECC shall:

(a) Defend the Customer from and against any third-party claim that the use of the mailbox service infringes any intellectual property rights, including patents, copyrights, trademarks, or any other rights of a third party;

(b) Pay the resulting costs and damages finally awarded against the Customer by a court of competent jurisdiction or the amount stated in a written settlement signed by NECC.

9.2. Conditions

The foregoing obligations are contingent upon:

(a) The Customer providing NECC with prompt notice of such claim (and in any event notice in sufficient time for NECC to respond without prejudice);

(b) The Customer providing NECC with the exclusive right to control, direct, and perform the investigation, defence, or settlement of such claim;

(d) The Customer must not concede, settle, or otherwise prejudice such a claim without NECC’s prior written consent, which NECC may give or withhold at its absolute discretion.

10. Limitation of Damages

10.1. Limitation of Liability

In no event shall NECC be liable to or through the Customer, based on any theory of law, equity, tort, contract, or otherwise, for special, indirect, incidental, punitive, or consequential damages, including but not limited to, loss of profits, loss of revenue, loss of use, or costs of cover, arising out of the performance or non-performance of the mailbox service or the provision of related services, even if NECC was advised of the possibility of such damages and even if any remedy provided under this Agreement fails in its essential purpose.

10.2. Maximum Liability

NECC's total liability for any claims or damages of any kind and based on any theory of law, equity, tort, contract, or otherwise, shall not exceed the total amount paid by the Customer for the mailbox rental service (£40 including VAT) during the term in which the claim(s) arose.

10.3. No Liability for Mail Condition

NECC accepts no liability for the condition of any mail delivered to its premises.

NECC takes the mail from the delivery person and places it into the correct mailbox.

NECC does not accept responsibility for any damages to the mail that may have occurred prior to its receipt at NECC's premises.

10.4. Time Limit for Claims
Any claim by the Customer arising under or in connection with this Agreement must be brought within three (3) months following the event giving rise to the claim.

11. Confidentiality

11.1. Acknowledgment of Confidentiality

Both parties acknowledge that, in the course of this Agreement, one party may have access to certain non-public, confidential, and proprietary information of the other party, including but not limited to business operations, customer details, technology, and mail handling information ("Confidential Information"). The value of this Confidential Information would be impaired if disclosed to third parties or used for purposes other than those specifically authorized under this Agreement.

11.2. Obligations of Confidentiality

Both parties agree to:

(a) Maintain Confidentiality
To maintain all Confidential Information received from the other party, in any form, in strict confidence.

(b) Non-Disclosure
Not to disclose or make available any Confidential Information to third parties without the prior written consent of the disclosing party.

(c) Limit Use
Not to use the Confidential Information of the other party except as necessary for the performance of obligations or exercise of rights under this Agreement.

11.3. Exceptions

The obligations of confidentiality will not apply to information that:

(a) Is or becomes public knowledge through no fault or omission of the receiving party;

(b) Was rightfully in the receiving party’s possession without restrictions on use or disclosure prior to disclosure by the disclosing party;

(c) Is obtained from a third party who is not under any confidentiality obligation and has the right to disclose such information;

(d) Is independently developed by the receiving party without reference to the disclosing party’s Confidential Information;

(e) Is required to be disclosed by a court or authorized tribunal, but only to the extent necessary and after providing prompt notice to the disclosing party of the requirement.

11.4. Security of Mail

The service provided does not involve the copying, distribution, or opening of any mail. All mail received for the Customer is placed in a secure, locked mailbox. The Customer is the only party with access to their mail, and NECC retains a spare key only for emergency access. No copies of any mail are made or retained by NECC.

11.5. Breach of Confidentiality

Each party acknowledges that any breach of confidentiality could cause irreparable harm to the other party. In such cases, the aggrieved party will be entitled to seek equitable relief in a court of competent jurisdiction, without the need to post a bond, in addition to any other remedies available under law or equity.

12. General Terms

12.1. Entire Agreement

This Agreement constitutes the entire understanding between the parties regarding the provision of the mailbox registered address service and supersedes all prior discussions, representations, or agreements, whether oral or written, between the parties. Any modifications or amendments to this Agreement must be in writing and signed by authorized representatives of both parties.

12.2. Invalidity

If any provision of this Agreement is deemed unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the extent necessary to make it enforceable while preserving its original intent and economic effect.

12.3. No Implied Terms

The headings used in this Agreement are for convenience only and shall not affect the interpretation of its provisions. The word "including" shall be interpreted as "including but not limited to." Any amendment or modification of this Agreement may be executed in counterparts, each of which will be considered an original.

12.4. Notices

All notices required or permitted under this Agreement must be in writing. Notices will be deemed delivered on the date of delivery within normal business hours, or the next business day if delivered outside of those hours. Notices should be sent to the outline representative of the registered addresses.

12.6. Waiver

Failure to exercise or delay in exercising any right or remedy provided by this Agreement shall not constitute a waiver of that right or remedy. Any waiver must be in writing and shall not affect any future obligations.

12.7. Force Majeure

Neither party shall be held liable for any delay or failure in performance due to causes beyond reasonable control, including, but not limited to natural disasters, fire, flood, government actions, or acts of war. The affected party must notify the other party promptly and make reasonable efforts to mitigate the impact of such delays.

12.8. Export Restrictions

The mailbox address service and any related services may not be exported or re-exported to any jurisdiction prohibited by applicable laws or regulations.

12.9. Customer Reference

The Customer agrees to participate as a customer reference for marketing or promotional purposes, including appearing in brochures, websites, or case studies, upon NECC’s reasonable request.

12.10. Contractual Relationship

The relationship between NECC and the Customer is that of independent contractors. This Agreement does not create a partnership, joint venture, or other collaborative entity.

12.13. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of [Applicable Jurisdiction], and any disputes shall be resolved in the courts of that jurisdiction.

12.14. Dispute Resolution Process:

If a dispute arises, both parties agree to make reasonable efforts to resolve the matter amicably. If the issue cannot be resolved through informal means, the parties agree to attempt mediation or another form of alternative dispute resolution before seeking legal remedies.

Conclusion

By agreeing or otherwise using the mailbox service, the person entering into this Agreement, agrees to be bound by the terms and conditions set forth in this Agreement. If the Customer does not accept all of the terms of this Agreement, they shall have no right to use the mailbox service and must immediately cease any use of the service and remove all related materials. The right to use the service is granted only on the condition that the Customer agrees to these terms and conditions. By using the service, the Customer represents and warrants that they have the legal capacity and authority to enter into a binding agreement to adhere to these terms and conditions and that the service will be used only in accordance with these terms and conditions and applicable laws. If an individual is using the service on behalf of an entity or organization, that individual warrants, represents, and covenants to NECC that they are duly authorized to agree to these terms and conditions on behalf of the organization and to bind the organization to them.