Puede leer este acuerdo de servicios en el siguiente enlace: https://start.gbsgroup.net/private-mailbox-service-agreement-pmbsa/
PRIVATE MAILBOX SERVICES AGREEMENT
The Private Mailbox Service described herein is provided to you (“Customer” or “You, Your, Yours, as the context may require) under the terms of this Mailbox Service Agreement (the “Private Mailbox Services Agreement” or “PMBSA”), as amended, and the operating rules, policies, pricing, and/or procedures published from time to time by GBS Group, Inc. (collectively, “GBS”, “Us,” “We,” “Our,” or “the Firm” as the context may require).
BY COMPLETING YOUR NEW ACCOUNT INFORMATION AND CLICKING THE “I AGREE” BUTTON, OR BY REQUESTING, USING OR BENEFITING FROM THE MAILBOX SERVICES, ASSISTANCE OR WORK FROM GBS YOU ARE AGREEING TO BE BOUND BY THIS PRIVATE MAILBOX SERVICES AGREEMENT. PLEASE NOTE, THAT CONTINUED USE OF OUR MAILBOX SERVICES WILL ALSO BE DEEMED AS THE CUSTOMER’S ACCEPTANCE OF THE PMBSA.
WE RESERVE THE RIGHT TO MODIFY, DISCONTINUE OR TERMINATE THE MAILBOX SERVICES AND/OR THE PMBSA, PRICING, POLICIES AND PROCEDURES AT ANY TIME, AND WE MAY, BUT ARE NOT OBLIGATED, TO PROVIDE YOU WITH A NOTIFICATION AS TO SUCH MODIFICATIONS. YOU ARE RESPONSIBLE FOR PERIODICALLY VERIFYING ANY CHANGES TO THE PMBSA WHEN YOU ACCESS OUR WEBSITE, AS THE PMBSA MAY VARY FROM TIME TO TIME. IF THE MODIFIED TERMS ARE NOT ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE USING THE MAILBOX SERVICES AND TERMINATE YOUR PMBSA.
TERMS & CONDITIONS
1. Mailbox Services Registration and Account Setup
a. As part of a wide range of business-related services, GBS acting in its capacity as Commercial Mail Receiving Agency, offers to its Customers private mailbox services (the “Mailbox Services”), pursuant to the terms and conditions below. By completing a U.S. Postal Service Form 1583 ("Form 1583") and providing Us with the required forms of identification, the Customer hereby appoints GBS as agent for receipt of any mail (including registered, insured, and certified mail) addressed to the Customer and delivered to GBS at Our address specified in Our Website.
b. Each person receiving mail through GBS must complete and notarize Form 1583. Customer agrees to provide, at Customer’s sole cost, all required and necessary documents, information, and acknowledgment forms relating to service of process. Legally married spouses with the same last name may complete one Form 1583, as long as both spouses provide acceptable primary and secondary forms of identification and include their separate information on Form 1583. Parents or guardians to receive delivery of a minor's mail, may list the minor's name and age on their forms. If more than one individual who are not married share a single private Mailbox, they must each fill out a separate form. Customer cannot use aliases or provide information, which is untrue, misleading or deceiving. Clear photocopies of the identification must be also included. If any information on Form 1583 changes, the Customer must file a revised application and provide any required acknowledgment form relating to service of process.
c. For new account registrations, Customer will create an online account (the “Mailbox Account”) in the GBS platform (the “Customer’s Portal”) and receive a mailbox designation number (the “Mailbox”). Once your Mailbox Account is activated, you will be required to use secure login information to access the account. Only Customer or an authorized user, as per applicable policy, may access the Mailbox Account. Customer Mailbox Account is not transferable. Returning Customers may reactivate the same Mailbox Account number by contacting GBS Group and paying the corresponding fee.
d. Customer may add “Additional Recipients” to its plan for an extra fee per recipient pursuant to Form 1583. For mail received that is addressed to a person who is not the Customer nor an Additional Recipient, Customer will pay a $5 fee/per occurrence.
e. Customer is fully responsible for maintaining the confidentiality of the Customer’s username and password and for any and all activities and actions occurring under such username and password. Customer agrees to immediately notify GBS of any unauthorized use of the Customer’s username, password or Mailbox Account. Possession of the Mailbox username and password shall be considered sufficient evidence that the possessor is duly authorized to receive any mail, parcels an/or packages under the Mailbox Account. In the event of death or incapacity of the Customer, GBS 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.
f. While GBS makes use of new digital technologies to protect unauthorized access to Our website, and/or to the customers’ Mailbox Accounts, GBS cannot guarantee that such unauthorized access will not occur. Malicious cybersecurity threats by third parties (hackers’ attacks) are not always preventable. Customer acknowledges and undertakes all risks associated with creating a Customer’s account, accessing GBS’s website, using the Mailbox Services, providing information to GBS via the website, and the collection of other data by virtue of Your access to GBS website.
2. Essential services
a. Customer recognizes and agrees that this Agreement only gives Customer access to a private Mailbox with a designated number within our premises.
b. Upon receipt of any mail, parcels and/or packages GBS will capture an image of the front of the envelope and upload it to the Customer’s Portal. GBS will give notice to client via email and post a notice of availability to the Customer’s Portal. Please refer to the GBS Mailbox Service Table of Fees available at
c. GBS will never open your mail. If you need GBS’ authorized personnel to open and scan a particular mail piece for you, in every instance you will need to instruct GBS in writing to that end. Customer agrees if Customer instructs GBS to “scan” a particular piece of mail, it is also authorizing GBS without reservation to “open” the mail for that purpose.
d. Customer recognizes and agrees that mail and parcels shall be deemed delivered upon their placement in the Mailbox assigned to the Customer, or upon the posting of a notice of availability to the Customer’s Portal, Customer is responsible to access with regularity his/her Customer’s Portal account. Any notification on the side of GBS shall be deemed as a courtesy, and not an obligation on the part of GBS. Customer expressly relieves and excuses GBS from any further responsibilities with respect to mail and parcels.
e. Anything larger than large envelope size may incur an additional small handling fee for logging in, storage and retrieval, dependent upon size. Mail or packages that exceed the following dimensions 4 7/8" x 11¾" x 5" will be charged a storage fee of $100 per day. Please refer to the GBS Mailbox Service Table of Fees available at https://start.gbsgroup.net/direccion-virtual/planes-direccion-virtual/
f. In the Customer’s portal Customer shall instruct GBS to take action on the mail or package(s) within thirty (30) days after received. If no instruction is provided, GBS will store the mail or package(s) up to thirty (30) days without charge. Thereafter, Customer must pay a monthly storage fee of $1.5 per item for the time period in which GBS holds the mail or package(s). If a piece of mail is stored in the Customer’s Mailbox for a period longer than any such storage period paid for by Customer, GBS has the right to terminate this Agreement and perform any of the actions described in paragraph 4, sections a, b or c herein.
g. Mail Forwarding. Most mail pieces are sent via Priority Mail with the United States Postal Services (“USPS”) or other courier services according to the customer specifications using courier services available for shipping. Expedited requests will be fulfilled the same day if received before 12 PM Eastern Time Zone. If special packaging is used other than that supplied by USPS or FedEx an additional materials/labor surcharge may be applied.
h. Check Deposit Services. For a subscription fee of $10/month, GBS provides you with a Check Deposit Service (“CDS”) to deposit checks (“Check” or “Checks”) up to four (4) deposits per month and a maximum of five (5) Checks per deposit, to the Customer’s account and on Customer’s behalf. Customer represents and warrants with respect to any and all CDS requests that (1) Customer is an authorized signatory or account owner of the specified bank account and (2) each Check submitted for deposit is in all other respects properly authorized. Customer agrees to indemnify GBS for any claims, disputes, losses, liabilities, costs and/or expenses resulting from the breach of the said representations and warranties. Please note, that in no event will GBS be responsible if after properly mailing a check to the Customer’s bank for deposit. Customer's Preferred courier - extra fee applies). We may accommodate Customer’s preferred courier services requests for an additional fee.
i. In the event that the Customer refuses to accept mail or a package, GBS 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. Upon the request of GBS, the Customer must sign for or otherwise indicate his or her acceptance for all mail and parcels.
j. Due to air cargo federal regulations all mail, parcels and cargo are subject to inspection. GBS will cooperate with all local, state and federal agencies and will release information about the Customer to such agencies and all postal inspectors upon request.
k. Customer is responsible for confirming that prohibited items are not shipped to GBS by third parties. When re-mailing or forwarding mail to Your location or another location on your behalf, GBS has no obligation to inspect and/or assess whether mail, parcels and cargo are suitable for shipment under current laws and regulations, nor to inspect or decide whether such material is being shipped with appropriate packaging, protective material o by resorting to appropriate transportation means. GBS reserves the right to return all packages to the sender(s) for any reason and to request that the Customer or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item shipped.
3. Service Fees, Security Deposit and other Charges.
a. Customer agrees to pay during the Term of this Agreement all applicable monthly and/or annually service fees and other related fees within (30) days of the due date. Schedule detailing the monthly service fees and forwarding fees applicable to all service plans offered by GBS is available at https://start.gbsgroup.net/direccion-virtual/planes-direccion-virtual/.Please note that all fees stated are subject to change. If required by state law, we are required to charge sales tax on Mailbox Services where applicable.
b. There will be no pro-rations or refunds for cancellation of any service.
c. On or before the Mailbox Services commencement date, Customer will pay together with the initial month of service, a $50 security deposit. GBS is entitled to deduct from the security deposit any monies owed by Customer to GBS for any costs and expenses under this PMBSA. Upon expiration, termination or cancellation of this Agreement, plus any additional period in which GBS keep Customer’s mail in storage, the security deposit will be returned to the Customer, provided that no dues, costs or fees are outstanding.
d. Customer agrees to a $25 Storage fee charged on a monthly basis for a maximum of two months during which GBS will keep customer’s mail in storage after expiration, termination, or cancellation of this agreement.
e. Renewal fees for the Mailbox Services are due and payable on the same date every month and become delinquent if not received by GBS within 1 days after the due date.
f. Failure of Customer to finally pay any fees within (30) days after the applicable due date shall be deemed a material breach of this Agreement, justifying suspension of the performance of the Mailbox Services provided by GBS. During any such period of delinquency GBS may hold mail, parcels and/or delivery of email to the Customer’s Mailbox Account. These services will be resumed upon receipt of all amounts.
g. One (1) month in arrears will be sufficient cause for immediate termination of this Agreement by GBS. Any such suspension will in no way relieve Customer from payment of fees, and, in the event of collection enforcement, Customer shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys' fees, courts costs, and collection agency fees. GBS reserves the right to apply the one month’s security deposit to cover any past due rent.
4. Term and Termination
a. The term (Term) of this Agreement shall be the initial period and any renewal period paid for by Customer from time to time. Unless any of the parties herein gives 30-day notice of termination in writing, this agreement is automatically renewed on the same date each month or yearly depending on your service plan at the then current prevailing rate and terms. Renewal of this Agreement and applicable rates for additional terms shall be at GBS’ sole discretion.
b. GBS may terminate or cancel this Agreement for cause at any time by providing the Customer thirty (30) days written notice either by mail, e-mail, or electronic post to Customer’s Portal, provided, however, that in the event of reasons (b), (c) and/or (e) below, GBS shall have the right to terminate this Agreement immediately. Good cause shall include but is not limited to: (a) the Customer abandons the Mailbox; (b) suspicion that the Customer uses the Mailbox for unlawful, illegitimate or fraudulent purposes; (c) the Customer fails to pay monies owed to GBS when due; (d) the Customer receives an unreasonable volume or oversized parcels; (e) the Customer engages in offensive, abusive, or disruptive behavior toward other customers or GBS’s employees; (f) the Customer violates any provision of this Agreement. 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.
c. Customer agrees that in any event, GBS may terminate or cancel this Agreement for no cause at any time by providing the Customer thirty (30) days written notice, notice either by mail, e-mail, post to Customer’s Portal or other electronic notice.
d. Upon expiration, cancellation or termination of this Agreement for any reason, or upon the expiration of any pre-arranged mail forwarding service, GBS will continue to receive and hold Customer's mail, other than unsolicited mail, for a period of sixty (60) days after Mailbox closure, during which time such mail will be available for direct pickup at our offices in the state and city of Customer’s service. During such period, Customer shall not have digital access to the Customer’s Portal to view the mail. Provided that the Customer pays the postage, packing material, and forwarding fees in advance, GBS may forward the mail to Customer’s address as set forth in Form 1583. If the necessary arrangements and forwarding fees are not made by Customer in advance to forward Customer’s mail and parcels, GBS, at its sole discretion, may take as applicable, one or more of the following actions:
A. Refuse to receive or return to sender any mail or package delivered by any party other than the USPS (such as a commercial courier service), and Customer will remain responsible for any postage or other fees associated with such return; or
B. Discard or destroy any mail or package delivered to or remaining with GBS more than thirty (30) days after the Mailbox closure or the expiration of an agreed upon forwarding arrangement, as the case may be; or, in the case of mail or package which require a signature from GBS condition to delivery, more than sixty (60) days after such dates; or
e. GBS will report to USPS quarterly of every new and terminated Customer, on the following dates: January 15th, April 15th, July 15th, and October 15th; therefore, the USPS will not take note of your change of address immediately following expiration, cancellation, or termination of this Agreement. It is the Customer’s sole responsibility to notify third-party correspondents of any change of address, including but not limited to any federal, state or local authorities. It is the Customer's responsibility to make arrangements with GBS to identify any storage or mail forwarding needs prior to the expiration, cancellation or termination of this Agreement.
5. Covenants of the Customer.
By signing this PMBSA or agreeing in any other way to abide by the provisions of the Mailbox Services herein, Customer hereby covenants and warrants that:
a. all the information provided by Customer under the Customer’s online account, such as name, last name, mailing address, and other personal information, is true and accurate and pertains to the Customer.
b. Customer and/or any of Customer’s Additional Recipients, and/or authorized persons, as applicable, is at least 18 years of age.
c. Customer shall use the Mailbox Services for the purpose of receiving mail, parcels, and for procuring other services offered by GBS, as such other services may be purchased from GBS from time to time;
d. Customer shall not share his/her online account, nor make it available, to third parties.
e. it shall not use the Mailbox Services for any unlawful, illegitimate, or fraudulent purpose or for any purpose prohibited by the rules and regulations of the United States Postal Service;
f. any use of the Mailbox shall be in compliance with all applicable federal, state and local laws, laws, rules and regulations governing the export, import, and provision of goods and services in the United States and in the jurisdictions to, from, through or over which the Customer’s shipment may be transported, including but not limited to the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State and any applicable anti-boycott compliance regulations; and
g. the recipient of any and all items shipped by Customer is the final intended recipient of such items; and the Customer will not re-export the merchandise and mail to a different destination.
h. as a material condition of this Agreement, neither this Agreement nor any license granted hereunder nor any of Customer’s rights in connection herewith or therewith shall constitute a lease and that Customer shall not bring any action against GBS or interpose any defense against GBS based upon the theory that this Agreement or any license granted hereunder constitutes a lease; and Customer expressly waives any substantive or procedural rights that Customer may have that are predicated upon the rights of a tenant of real property. Notwithstanding anything in this Agreement to the contrary, should this Agreement be deemed by any court to constitute or create a lease, then GBS shall have all of the rights and remedies of a facility owner of real property available pursuant to applicable law.
6. Message and Text Communications.
By providing a mobile telephone number or e-mail address, Customer consents that GBS may send Customer text or e-mail messages relating to customer’s use of the Mailbox. Customer’s mobile carrier may assess charges to Customer as a result of such text or e-mail messages. (Message and data rates may apply.)
7. Force Majeure.
GBS shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, lockouts, war, strikes, riots, fires, floods, inclement weather, earthquakes, hurricanes, or other acts of nature; governmental regulations or controls, lockdowns, pandemic, casualty, government authority, strikes, or acts of God, in which event GBS shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. GBS shall use reasonable efforts to notify Customer of the occurrence of such an event within three (3) business days of its occurrence.
Customer agrees to protect, defend, indemnify and hold harmless GBS, its affiliates, shareholders, successors, assigns, representatives, officers, directors, agents and employees, from and against any and all claims, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs at all trial and appellate levels, if any, whether or not litigation is instituted) suffered or incurred by GBS, including, without limitation, any claim for personal injury or property damage, arising from or relating to: (a) the Customer’s use or possession of the Mailbox; (b) the failure of the USPS or any commercial courier service to deliver, or to deliver on time, any items (mail, parcels, etc.); (c) damage to or loss of any package, mail or damage to the Mailbox contents by any cause whatsoever; and (d) any violation by Customer of applicable federal, state or local laws.
9. DAMAGED MAIL.
IN NO EVENT SHALL GBS (INCLUDING, GBS’S AFFILIATES, SUCCESSORS, ASSIGNS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES) BE LIABLE FOR ANY DAMAGE CAUSED TO THE MAIL AND/OR PARCELS DURING SHIPMENT OR ANY DAMAGE, FORESEEN OR UNFORESEEN, SUFFERED BY CUSTOMER, AND/OR CUSTOMER’S AGENTS, AS A RESULT OF THIS PMBSA AND/OR THE MAILBOX SERVICES, INCLUDING ANY BREACH ON THE PART OF GBS OF THIS PMBSA.
10. CUSTOMS AND NATIONALIZATION.
CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS FULLY RESPONSIBLE FOR ANY AND ALL CUSTOMS AND/OR NATIONALIZATION FEES, TAXES, OR OTHER CHARGES OF WHATEVER NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PARCELS TO AND FROM CUSTOMER.
11. SERVICE “AS IS”.
CUSTOMER AGREES THAT THE USE OF THE MAILBOX SERVICES IS AT CUSTOMER’S SOLE RISK. THE MAIL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GBS MAKES NO WARRANTY THAT THE MAILBOX SERVICES WILL MEET USER’S NEEDS, THAT THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY INFORMATION AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM GBS’S WEBSITE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability.
CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF GBS, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PROVISION OF THE MAILBOX SERVICES, OR THE USE OF ANY SERVICES BY CUSTOMER SHALL NOT EXCEED $40. REGARDLESS OF THE NATURE AND/OR EXTENT OF THE CLAIM. SUCH LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES, AND IT IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GBS AND CUSTOMER IN PROVIDING AND MAKING THE SERVICES AVAILABLE. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FURTHERMORE, GBS, ITS AFFILIATES, SUBSIDIARIES, PARENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY INDIRECT, OR COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, DEATH, LOSS OF CONSORTIUM, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS PMBSA, OR FROM THE USE OF OR INABILITY TO USE THE MAILBOX SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GBS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THEREFORE, YOU WAIVE ANY CLAIM AGAINST GBS FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Any written notice to the Customer required or permitted hereunder shall be deemed delivered (a) at the time personally delivered to Customer, or (b) twenty-four (24) hours after placing it in the hands of a commercial courier service or the USPS to be delivered at set forth in Section 3 of Form 1583, or (c) forty-eight (48) hours after posting of such notice to the Customer’s e-mail address or to Customer’s Portal. Customer is responsible to access and regularly check his/her Customer’s Portal, and any notification by any means on the part of GBS is a courtesy, and not an obligation on the part of GBS.
You and GBS each agree that any and all disputes or claims that may arise between You and GBS relating in any way to, or arising out of the PMBSA, the Mailbox Services and Your use of Our Customer’s Portal, or any other applicable provision between the parties, whether sounding in contract or tort or otherwise, shall be resolved exclusively through final and binding arbitration, rather than in court.
a. Choice of Law.
This Agreement and any arbitration shall be governed by the Federal Arbitration Act (FAA). The Arbitrator shall apply the substantive state or federal law as applicable to the claim(s) asserted in arbitration. Claims arising under federal law shall be determined in accordance with federal law. Common law claims shall be determined in accordance with Florida substantive law, without regard to its conflict of law principles.
No failure or delay on the part of GBS in exercising any right hereunder shall operate as a waiver of, or impair, any such right. No single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right shall be effective unless given in writing. No waiver of any right hereunder shall be deemed a waiver of any other right hereunder.
GBS hereby reserves the right to amend the terms and conditions in whole or in part, of this PMBSA from time to time. The continuing use of our Mailbox Services after 1 month by the Customer will be taken as confirmation that Customer has read and accepted the amended terms.
The Customer may not transfer any of its rights or obligations under this Agreement without the prior written consent of GBS.
e. Attorney’s Fees.
Should any dispute or claim arise out or relates to our fees, performance or the Mailbox Services hereunder, the prevailing party will be entitled to recover from the losing party all costs and expenses it incurs in bringing, prosecuting and defending any litigation, including reasonable attorney ́s fees and costs.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
This Agreement may be executed in any number of counterparts, and all the counterparts taken together shall be deemed to constitute one and the same instrument.
This Agreement and the information provided in Form 1583 shall remain confidential. If the Customer reasonably believes that any additional information being furnished by it to GBS is confidential, the Customer may so indicate by notice in writing identifying such information with reasonable specificity. GBS will use reasonable efforts to maintain the confidentiality thereof; except that GBS shall be free to disclose such information to any court or other governmental agency having jurisdiction over such recipient or as required by any subpoena or similar process or as required by law or to enable the recipient to enforce its rights thereunder.
i. Binding Effect.
This Agreement shall be binding upon and inure to the benefit of the Customer and the GBS and their respective successors and permitted assigns.
j. Integration of Terms.
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all oral statements and prior writings with respect thereto.
Customer understands and agrees that clicking or pressing on the "I Agree" button below is the electronic equivalent of a written signature on this document.