Service Terms of Use

Terms of Use for the Mailboxx Service
1. Definitions
  Address
  The mailing address provided in the Order or as subsequently amended in writing and confirmed by Mailboxx.
  Business Day
  A day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business
  Charges
  The charges payable by the Customer for the supply of the Services in accordance with clause 9 (Charges, fees and payment)
  Commencement Date
  Has the meaning given in clause 2.2
  Conditions
  These terms and conditions as amended from time to time in accordance with clause 13.5
  Contract
  The contract between Mailboxx and the Customer for the supply of Services in accordance with these Conditions
  Control
  Has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly
  Customer
  The person or firm who purchases Services from Mailboxx
  Customer Default
  Has the meaning set out in clause 4.2
  Mail
  Any item of post including letters, parcels, brochures, packages and correspondence sent
  Order
  The Customer’s order for Services as set out in the Customer’s order form generated on the Website
  Services
  The services supplied by Mailboxx to the Customer as set out in the Plan, which shall be either:
  1. Physical mail forwarding
  2. Mail scanning and forwarding
  3. Physical mail scanning
  Plan
  The description or specification of the Services provided by Mailboxx to the Customer as advertised on the Website and amended from time to time
  Mailboxx
  Mailboxx Limited, a company registered in England and Wales with company number 15026513 and having its registered office at Unit G2b, Scope House, Crewe, United Kingdom, CW1 6DD
  Website
  The website of Mailboxx at www.mailboxx.co.uk
2. Interpretation
  1. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
  2. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  3. A reference to writing or written includes any form of communication that can be stored and reproduced in tangible form, including email, fax, and digital correspondence.
Basis of Contract
1. The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2. The Order shall only be deemed to be accepted when Mailboxx issues written acceptance of the Order by email at which point and on which date the Contract shall come into existence (the “Commencement Date”).
3. Any descriptive matter or advertising issued by Mailboxx and any descriptions or contained on the Website, are issued or published for the sole purpose of giving an approximate idea of the Services. They shall not form part of the Contract or have any contractual force.
4. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Supply of Services
1. Mailboxx shall supply the Services to the Customer in accordance with the Plan in all material respects.
2. Mailboxx reserves the right to amend the Plan if necessary to comply with applicable laws or regulatory requirements, or if the amendment does not materially affect the Services. In such cases, Mailboxx will notify the Customer of the changes.
Customer’s obligations
1. The Customer shall:
  1. Ensure that the terms of the Order and any information it provides in the Plan are complete and accurate
  2. Co-operate with Mailboxx in all matters relating to the Services
  3. Comply with and co-operate with all requests by Mailboxx for information, documentation and evidence to enable Mailboxx to carry out due diligence in accordance with the relevant money laundering legislation
  4. Notify Mailboxx within 14 days if there is a material change to its business including specifically (but without limitation):
    1. A change of the directors or other similar officer
    2. A change to the shareholder, beneficial owners or persons of significant control
    3. A change to the business activities
    4. A change of particulars for any director, officer, beneficial owner, shareholder or person of significant control
  5. Provide Mailboxx with such information as Mailboxx may require in order to supply the Services, and ensure that such information is complete and accurate in all material respects
  6. Comply with all applicable laws including without limitation the Companies Act 2006
  7. Comply with any additional obligations as set out in the Order
2. Customer Default
  If Mailboxx’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
  1. Without limiting or affecting any other right or remedy available to it, Mailboxx shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Mailboxx’s performance of any of its obligations
  2. Mailboxx shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Mailboxx’s failure or delay to perform any of its obligations as set out in this clause 4.2
  3. The Customer shall reimburse Mailboxx on written demand for any costs or losses sustained or incurred by Mailboxx arising directly or indirectly from the Customer Default
Physical Mail Handling Conditions
1. If the Services are virtual office mail handling (including scanning, collection or forwarding), the following conditions shall apply:
  1. Mail delivered must be addressed to the Address and bear the full name of the name of the Customer and unique identifier as set out in the Order.
  2. Mail will be processed in accordance with the Plan, within 48 hours from the date of receipt unless there are circumstances beyond Mailboxx’s reasonable control. In such cases, Mailboxx will notify the Customer of any delay. Where Mail is to be forwarded it will be sent as standard by Second class Royal Mail (United Kingdom only);
  3. When mail is scanned only, the Customer may elect to have the original letter forwarded which shall be sent in the manner described at 5.1.(b)(i) and will be subject to Mailboxx’s charges.
Risk Transfer
All risks associated with mail, including loss, theft, or damage, shall transfer to the Customer from the moment the mail leaves Mailboxx’s possession or control. Mailboxx shall be liable for any such loss, theft, or damage until the mail leaves its possession. The Customer is responsible for securing appropriate insurance coverage for such risks thereafter
Exclusions and Restrictions
1. The Customer must not:
  1. Use the Services for vehicle registration or management, including but not limited to, registration with the DVLA;
  2. Use the Services for illegal or inappropriate material including but not limited to any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
  3. Use the Services on Way Bills or export documentation, or other official customs declarations or communication;
  4. Use multiple company names and/or trading names with a single subscription unless specified in the Order;
  5. Use the Services in contravention of Google My Business guidelines.
2. In the event that items are addressed in such a way that we are unable to positively verify that it is addressed for you, we reserve the right to open such mail to determine for whom it is intended or, alternatively, return it to the sender. Any costs incurred from returning mail to the sender may be billed to the Customer, and the Customer consents to the opening of mail under such circumstances.
3. Any post requiring a signature (e.g., special delivery) will be forwarded by Royal Mail Special Delivery or another courier of Mailboxx’s choice. Mailboxx will notify the Customer by email upon receipt of such items, and payment for delivery must be made before the item is forwarded.
4. In any of the circumstances described above, Mailboxx reserves the right to return the relevant items and/or dispose of it.
5. We reserve the right in our absolute discretion to withhold from forwarding and/or to pass to any relevant authority any mail delivered to you, without notice to you.
Fair Usage
1. Customers receiving mail forwarding and/or scanning services on a fixed price plan are subject to a fair use policy of 25 pages per month. If a customer exceeds the fair usage limit of 25 pages, Mailboxx reserves the right to modify the monthly subscription fee at its discretion. Any changes to the subscription fee will be communicated to the Customer at least 30 days prior to the new fee being applied. The Customer’s continued use of the service after the effective date of the fee adjustment constitutes acceptance of the new subscription rate. If the Customer does not agree to the new fee, they may cancel their subscription prior to the effective date of the new charge without penalty.
Charges, fees and payment
1. The Charges for the Services shall be calculated on in accordance with Mailboxx’s rates, as set out in the Order.
2. The Services are strictly non-refundable. There shall be no refunds or credits for partial months of the Services, upgrade/ downgrade refunds, or refunds for months unused with an active account. Mailboxx may, at its discretion, issue a partial refund where Mailboxx fails to deliver the Services as outlined in the Order or fails to perform the Services due to its fault, in which case Mailboxx may, at its discretion, issue a pro-rata refund or credit.
3. Mailboxx reserves the right to increase the Charges on an annual basis with effect from each anniversary of the Commencement Date, in line with the percentage increase in the Retail Prices Index (RPI) in the preceding 12-month period, or a fixed percentage increase (whichever is lower).
4. Mailboxx shall invoice the Customer in accordance with the terms set in the Order.
5. The Services are billed in advance as specified in the Order
6. The Customer shall pay Mailboxx:
  1. In accordance with any terms in the Order and
  2. In full by card payment, Paypal and or Direct Debit and
  3. Time for payment shall be of the essence of the Contract.
7. All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by Mailboxx to the Customer, the Customer shall, pay to Mailboxx such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
8. If the Customer fails to make a payment due to Mailboxx under the Contract by the due date, then, without limiting Mailboxx’s remedies under clause 11, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.8 will accrue each day at 8% a year above the Bank of England’s base rate from time to time, 4% annually above the Bank of England base rate when that base rate is below 0%.
9. All amounts due under the Contract shall be paid in full, without any set-off, counterclaim, deduction, or withholding, except as required by law or with prior written consent from Mailboxx.
10. Price Adjustments
  Mailboxx Limited reserves the right to adjust subscription fees annually . Customers will receive thirty (30) days’ written notice of any price adjustments, during which they may terminate the Contract by providing written notice of their intention to do so, without penalty.
Limitation of liability
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE AS IT IMPACTS ON YOUR ABILITY TO BRING A CLAIM AGAINST MAILBOXX.
1. Nothing in this Contract limits or excludes Mailboxx’s liability for:
  1. Death or personal injury caused by its negligence;
  2. Fraud or fraudulent misrepresentation;
  3. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
  4. Any liability that cannot be excluded or limited by applicable law.
2. Subject to Clause 10.1, Mailboxx’s total liability to the Customer for any loss or damage arising under or in connection with this Contract, whether in contract, tort (including negligence), or otherwise, shall not exceed £5,000 in the aggregate, regardless of the number of claims or the nature of the claim.
3. Mailboxx shall not be liable for any of the following types of loss or damage, whether direct or indirect:
  1. Loss of profits, sales, business, or anticipated savings;
  2. Loss of or damage to goodwill or reputation;
  3. Loss of or corruption of software, data, or information;
  4. Loss of items of mail, including those that are lost, delayed, damaged, or misdirected during transit;
  5. Indirect, special, or consequential losses, even if Mailboxx was advised of the possibility of such losses.
4. The exclusions and limitations set forth in this Clause 10 shall apply to all claims, whether arising in contract, tort, or otherwise, and shall survive the termination or expiration of the Contract.
Termination
1. Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party 90 days written notice in accordance with the Order.
2. Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
  1. The other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 5 days of that party being notified in writing to do so
  2. The Customer’s failure to comply with reasonable requests for information, evidence, or documents relating to the obligations Mailboxx has under anti-money laundering and similar legislation, where such failure materially impacts the provision of Services.
  3. The other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy
3. Without affecting any other right or remedy available to it, Mailboxx may terminate the Contract with immediate effect by giving written notice to the Customer if:
  1. The Customer fails to pay any amount due under the Contract by the due date for payment and has not remedied the payment default within 7 days
  2. There is a change of control of the Customer
  3. Mailboxx, at its sole discretion, decides to discontinue offering the Service to the Customer for any reason
4. Without affecting any other right or remedy available to it, Mailboxx may suspend the supply of Services under the Contract or any other contract between the Customer and Mailboxx if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 11.2 (a) to clause 11.2(c), or Mailboxx reasonably believes that the Customer is about to become subject to any of them.
Consequences of termination
1. On termination of the Contract:
  1. The Customer shall immediately pay to Mailboxx all of Mailboxx’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Mailboxx shall submit an invoice, which shall be payable by the Customer immediately on receipt.
  2. The Customer may no longer use the Address and the Customer must immediately remove reference to the Address from any marketing literature, stationary, websites or similar material immediately and without delay.
  3. If the address has been used at Companies House then this must be removed immediately.
2. Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
General
1. Force majeure. Neither party shall be in breach of the Contract nor liable for any delay or failure to perform any of its obligations under the Contract if such delay or failure is caused by an event or circumstance beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, strikes, acts of government, pandemics, terrorism, or failures of telecommunications or the internet. The affected party shall notify the other party as soon as reasonably possible and use all reasonable efforts to resume performance of its obligations.
2. Assignment and other dealings.
  Mailboxx may assign, subcontract, or transfer its rights and obligations under this Contract. The Customer may not assign or transfer any of its rights or obligations under this Contract without the prior written consent of Mailboxx.
3. Complaints Procedure
  Mailboxx Limited is committed to providing high-quality services to all customers. However, if at any point you become unhappy or concerned about the service, we have provided then you should inform us immediately, so that we can do our best to resolve the problem. In the first instance it may be helpful to contact the person initially instructed to discuss your concerns and we will do our best to resolve any issues. If you would like to make a formal complaint, then you can read our full complaints procedure below. Making a complaint will not affect how we handle your instruction.
4. Procedure
  We are committed to providing a high-quality legal service to all our clients. When something goes wrong we need you to tell us about it in writing or by email This will help us to improve our standards.
5. What will happen next?
  1. We will send you a letter or email acknowledging your complaint and asking you to confirm or explain the details set out. We will also let you know the name of the person who will be dealing with your complaint. You can expect to receive our communication within ten working days of our receipt of your complaint.
  2. We will record your complaint in our central register and open a file for your complaint. We will acknowledge your reply to our acknowledgement letter or email and confirm what will happen next.
  3. You can expect to hear from us within ten working days of your reply. If you have concerns over the quality of our service, please contact us. We will then promptly investigate your complaint. We would expect to deal with the investigation as quickly as possible taking into account the complexity of the matter. You should expect to hear from us after ten working days. If the investigation will take longer than this we will let you know. At this stage, if you are still not satisfied you can write or email us again and we will review the matter further.
  4. If you are still not satisfied, you can then contact HMRC at HM Revenue and Customs, BX9 1AB about your complaint. Any complaint to HMRC must usually be made within six months of the date of our final decision on your complaint.
  5. Complaints must be emailed to our customer service team via [email protected] or the contact details provided on our Website.
Data Protection
1. Compliance with Data Protection Laws
  Each party shall comply with its obligations under all applicable data protection laws, including the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the Data Protection Act 2018 (together, “Data Protection Legislation”).
2. Data Processing
  For the purposes of this Contract, Mailboxx will process personal data on behalf of the Customer as a data processor. The Customer will act as the data controller. Mailboxx agrees to only process personal data in accordance with the Customer’s instructions, unless required by law to process personal data otherwise. Mailboxx shall not use the personal data for any purpose other than providing the Services under this Contract.
3. Data Subject Rights
  The Customer shall be responsible for responding to requests from data subjects under Data Protection Legislation. Mailboxx agrees to assist the Customer in responding to data subject requests under Data Protection Legislation. The Customer shall bear any costs associated with such assistance, unless otherwise agreed in writing.
4. Data Security
  Mailboxx shall implement appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of personal data. This includes ensuring that personal data is protected from unauthorized or unlawful processing and against accidental loss, destruction, or damage.
5. Sub-processors
  Mailboxx may engage third-party sub-processors to process personal data on its behalf in connection with the provision of the Services under this Contract. Mailboxx is not required to notify the Customer or obtain consent before engaging any sub- processors. Mailboxx shall ensure that any sub-processor is bound by data protection obligations that are at least as protective as those contained in this clause.
6. Data Retention
  Mailboxx shall retain personal data only for as long as necessary to fulfill the purposes of this Contract or as required by law. Upon termination of the Contract, Mailboxx will, at the Customer’s request, delete or return all personal data, except to the extent that retention is required by law or regulation, or where Mailboxx needs to retain the data for legitimate business purposes
7. Data Breach Notification
  In the event of a personal data breach, Mailboxx shall notify the Customer without undue delay and, where feasible, no later than 72 hours after becoming aware of the breach. Mailboxx shall cooperate with the Customer in investigating and managing the breach.
8. International Transfers
  If personal data is transferred outside the European Economic Area (EEA), Mailboxx shall ensure that such transfers are subject to appropriate safeguards in accordance with Data Protection Legislation, such as Standard Contractual Clauses or other lawful transfer mechanisms.
9. Indemnity
  Each party agrees to indemnify and hold harmless the other party against any claims, losses, liabilities, damages, or expenses (including legal fees) arising from the other party’s failure to comply with its obligations under this Data Protection Clause or Data Protection Legislation, except where such failure arises due to the indemnifying party’s own negligence or breach.
Regulatory Compliance
Mailboxx Limited is fully regulated by Her Majesty’s Revenue and Customs (HMRC) in accordance with applicable laws and regulations. We adhere to all compliance standards set forth by HMRC, including anti-money laundering (AML) obligations, to ensure the integrity and transparency of our services.

Service Terms of Use

Terms of Use for the Mailboxx Service

Definitions

Interpretation

Basis of Contract

Supply of Services

Customer’s obligations

Customer Default

Physical Mail Handling Conditions

Risk Transfer

Exclusions and Restrictions

Fair Usage

Charges, fees and payment

Price Adjustments

Limitation of liability

Termination

Consequences of termination

General

Assignment and other dealings.

Complaints Procedure

Procedure

What will happen next?

Data Protection

Compliance with Data Protection Laws

Data Processing

Data Subject Rights

Data Security

Sub-processors

Data Retention

Data Breach Notification

International Transfers

Indemnity

Regulatory Compliance