TERMS AND CONDITIONSSERVICE AGREEMENT This Agreement governs the Terms and Conditions of the use of Blue Sky Solutions Inc. (“BSSI”) Services. BSSI is not responsible for any services to be performed for any other individuals or entities except as named within. “We” denotes BSSI or any party acting on BSSI’s instructions. “You” denotes Client and any person purchasing the services or any party acting on Client’s instructions.
TERM. For Address and Mail Services, the INITIAL TERM of this Agreement shall be six (6) calendar months; for Communication services, the INITIAL TERM shall be one (1) month; agreements expire on the last calendar day of the final service month. It shall commence on the date payment is processed. Upon the expiration of the INITIAL TERM, this Agreement shall convert to and continue on a month-to-month basis (“RENEWAL”) until terminated. For Web Design projects, the official start date is the date your first payment clears and the funds are accessible in our bank account. This start date is then used to calculate the Go-Live date based on the number of days the project will require based on the “Project Proposal” document, sent after purchase and after initial project discovery phone session. Go-live date is estimated and not guaranteed. We try our best to meet all go-live dates; however, we are not liable if the project is delayed due to: your delay in supplying information; technical issues; employee illness; 3rd party issues; force majeure. There is an average response time from you of 3 business days inside the timing of this project proposal. If your average response time is over 3 business days, it is likely that the project shall not meet its go-live date.
CHARGES. For Address and Mail; and Communication Services, the non-refundable set-up fee; monthly fixed cost(s) for the service(s) package(s) chosen and applicable taxes are payable when Client signs up for services and subsequently each month during the term of this Agreement. Each monthly invoice shall include: fixed service fees in advance; non-refundable variable charges for previous month(s). Variable charges may be charged separately. Any mail forwarding shipping charges greater than fifty dollars for one shipment will be charged at time of service directly to Client’s credit card on file. At Client’s request, Client shall be emailed record of charges for Client’s filing purposes. If full payment is not received by the 5th day after it is due, a $25.00 late fee shall be incurred and Client will be in Default. Non-payment by the 6th day of the month will signify Client is in default of this Agreement and may result in immediate termination of services, without written notification. If Client account exceeds the number of live answering calls included in Client’s Service Package, BSSI reserves the right to charge Client at a rate of one U.S. dollar per live call for all calls over the plan allowance. When calling destinations outside of the continental USA via automation or live person, international charges apply. For Web Design projects, a deposit is required before any work will commence. After work commences, this deposit is non-refundable. Should you wish to cancel at any point during the process, you shall remain liable for the work that has taken place and be invoiced accordingly. Final payment is due within 5 business days of the final work being completed. Payment not received shall delay and/or may cancel final deliverable.
PAYMENT. Only major credit cards are accepted for payment. For Address and Mail; and Communication Services, Client agrees to participate in Automatic Monthly Credit Card Billing and have their charges processed each first of the month of the Agreement. Client authorizes BSSI to charge Client’s card on file for service fees and variable charges incurred while an active Client. Client shall provide photo identification of the credit card holder. Client agrees BSSI may submit charges for Client’s monthly service fee each month, without further authorization from Client, unless Client provides prior notice that Client has terminated this authorization or wishes to change Client’s designated card. Such notice will not affect charges submitted before BSSI could reasonably act on Client’s notice. Amounts paid by an unapproved credit card transaction will be treated as unpaid and place the Client in default. BSSI may terminate this Agreement at any time for such default. Once in default, the total balance due must be paid in full and Client shall be assessed an additional reactivation charge to resume services. Upon reactivation of services, it is at the discretion of BSSI to request a refundable retainer to hold on account, interest free, until such time as Client terminates this Agreement and has paid BSSI in full. In the event Client account is terminated, BSSI has the authority to charge Client credit card of record for any additional usage fees Client may have accrued while still an active account. It is Client’s responsibility to insure: there are enough funds to cover the monthly fees; that BSSI has the correct credit card information on file; expiration date is valid (if expiration date is not current, this will decline credit card); correct billing address (if account information is not identical to credit card statement, this will result in a decline); and account is in good standing.
ADDRESS AND MAIL SERVICES. By electing to purchase subscription-based services, Client agrees that all information submitted is true, legally valid and accurate; and will use the facilities and services of BSSI; its affiliates or assignees for legitimate business purposes only. NOTE: Upon purchasing, BSSI shall email you a New Account Packet, including this Service Agreement, for signature; completion and return. Your BSSI Account cannot be fully processed and setup until BSSI receives all forms fully completed. BSSI offers Client use of address for business address and mail services, subject to exception in certain locations. If subscribing to address and mail service(s), Client agrees that Client shall not use BSSI Services for any unlawful, illegitimate or fraudulent purpose, or for any purpose prohibited by United States Postal Service (USPS) regulations. Client acknowledges that it has only a contracted service relationship and has no tenancy or real property interest in any leasehold or owned asset of BSSI, its affiliates or contracted partners. Each individual or entity must complete a separate USPS Form 1583 to be authorized to receive items at BSSI. As Client’s authorized agent for receipt of mail, BSSI shall accept business correspondence mail, including registered, insured and certified items for Client only under the name(s) on file. No other name will be accepted; neither “ATTENTION” nor “IN CARE OF (C/O)” is permitted. Client must use the exact mailing address for service without modification as set forth in Section 3 of Form 1583. USPS will return mail without a proper address to the sender endorsed UNDELIVERABLE AS ADDRESSED. DBAs or additional company names require separate CMRA forms and will incur additional charges for address services. Mail will be handled according to instructions specified by the Client, and the Client will be responsible for all resulting forwarding and service charges. Providing an incorrect or incomplete address could result in address correction surcharges and service delays for which BSSI is not responsible. Any violation of USPS regulations may result in termination of Services by BSSI, and may subject the violator to fines and/or imprisonment. Only hand-held items weighing less than 10 lbs shall be accepted. BSSI will not accept any items exceeding these specifications or if the item contains any dangerous, live or perishable goods and BSSI shall be entitled in its absolute discretion to refuse to accept any items it considers unreasonable or unlawful. Client warrants that it will not use any of BSSI Services for any obscene, illegal, immoral or defamatory purposes. Client agrees and acknowledges that neither BSSI nor its agents are liable for any damage to mail or loss of mail during or after mailing or shipment to Client or its final destination. Client acknowledges and agrees that the services do not include customs, taxes, or fees and that BSSI is not a customs agent or broker. Client is solely responsible for the export and import of its packages and shipments. Client is also solely responsible for the payment of any and all customs, duties, tariffs, taxes, or other charges or fees of any nature relating to the shipment of mail to Client. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by Client. Client acknowledges and agrees that BSSI has no responsibility or obligation to insure any mail or shipments sent to Client. All persons for whom mail is handled, or who collects mail from the location, must provide Government-issued photo identification (ID). Acceptable ID includes: valid driver’s license or state non-driver’s identification card; armed forces, passport, alien registration card or certificate of naturalization. Copies of ID will be retained by local staff for verification. Client is allocated set space in BSSI’s mail service system. Mail may not accumulate to require additional storage space. BSSI reserves the right to forward Client’s mail to the billing address on record to allow future mail to be accepted and stored securely for Client and /or charge accumulation fees. Client agrees that administrative charges will apply if Client contacts BSSI staff to review and/or read contents of Client’s mailbox. At the expiration, cancellation or termination of this Agreement, Client will not file a change of address order with the USPS. USPS will not accept a mail forwarding order.
COMMUNICATIONS SERVICE. BSSI offers both live and automated telephone answering services. If subscribing to communications service(s), Client is permitted to utilize the assigned telephone number for its business purposes. BSSI shall not be held responsible for any interruption in telephone service due to: failure of third-party telecommunications service provider or equipment; labor dispute; act of nature; or any other cause or casualty beyond BSSI’s control. Live answering services do not include customer support services. For Client’s customers that consistently call with problematic issues and their calls not being returned by Client, BSSI reserves the right within a 24-48 hour non-response time by Client, to advise caller of BSSI third-party phone answering service status. BSSI also has the right to direct these calls to voicemail, after which BSSI shall alert client of this answering service change. Client may not take the assigned telephone number upon termination of services. If Client’s account is overdue by 5 days, BSSI reserves the right to suspend services until account is current.
FAX SERVICE. BSSI offers an electronic fax number to email for receipt of faxes. If such service is subscribed to, Client is permitted to use the assigned fax number for its business purposes. Client shall receive fax(es) and/or fax notification(s) to its email address. Client is responsible to insure its email address on file is an active account. It is Client’s responsibility to notify all parties of termination of the use of the number; there is no forwarding. Client may not take the assigned fax number upon termination of services. Certain locations local fax service furnished by third-party vendor and managed by BSSI Administrator. Client agrees that BSSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on fax-to-email service.
LICENSE HANGING (location dependent). Use of BSSI address for business purposes may require Client to be licensed with local licensing agencies. Client is responsible to be aware of and follow local licensing regulations. By Client requesting license-hanging services, Client and BSSI do not have a rental agreement which places parties in a position of Landlord and Tenant. It is an agreement of bailment. Client shall provide copy(ies) of filing(s) and license(s) and be responsible to be fully compliant with any and all Federal, State and Local laws related to its use BSSI Services and facilities.
CONFERENCE ROOM AND PRIVATE OFFICE RESERVATIONS (location dependent). Amenities, services and pricing vary by location. Reservations are on a first come-first served basis and are made by contacting email@example.com. Client may reserve time in advance, in increments of no less than one (1) hour. Service Packages with contracted hours are to be used by the last billing day of each month. Hours are not carried over. Hourly use over the contracted amount will be billed at the published hourly rates per location. Cancellation of reservations must be given at least forty-eight (48) hours prior to the reservation start-time time to avoid charges. Some contracted services such as catering may require pre-payment. Client must be present at time of use
WEB DESIGN. BSSI maintains the right to refuse any material which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or in any breach of confidence, copyright, privacy or any other right or in any way thought to be unsuitable for reproduction. It is Client’s duty to establish the rights to any material supplied for inclusion on its web pages. BSSI is not responsible for any breach of copyright or any other right caused by reproduction of materials supplied by you. Once work has been signed off, all work within that stage will be considered final and fully approved by you. Any further change to work that has been signed off may require additional agreement clause and fees to cover the additional work required. It is Client’s responsibility to provide all text copy for your website. If the text copy is not provided at least 2 weeks prior to the go-live date, BSSI will populate all text areas with ‘dummy text,’ and continue as if the text was provided. At the end of the project, the remaining payment shall be due. BSSI will add Client’s text at that time. Text should be provided in digital format as .txt or .doc document(s). BSSI is not liable for any mistakes in spelling or grammar. The order in which websites are ranked in the natural search results are controlled by search engines. While BSSI optimizes Client’s website for this, BSSI does not make any guarantees about the success of any search engine promotion activity as due to non-ownership of search engines or control of how they list a website. BSSI Websites will be created for the latest versions of the following browsers: Chrome, Firefox, Opera, Internet Explorer and Safari. The Services provided to Client and accepted by Client are delivered as a fully functioning completed work. BSSI is not responsible for future support outside of the scope of this project proposal. This can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated. All third party costs for the delivery and maintaining of your project is to be met by Client. BSSI will not be held responsible for any delays, errors, losses arising from any 3rd party. Malicious software, spyware, viruses and website hacking are facts on the internet and BSSI endeavors to protect its Client from this as much as possible. BSSI is not responsible for any problems that develop on the site after project completion and hosted elsewhere. Unless hosting with BSSI, responsibility for hosting and email will be between Client and its hosting provider.
MODIFICATION(S) BY CLIENT. Client may elect to upgrade or downgrade its services by providing written notice to firstname.lastname@example.org. Such a change will be effective the first of the following month. Any difference in service charges will be due at the time of request; any credit due to Client will be applied to the next month’s charges. It is Client’s responsibility to provide written notice of any change to its contact information to email@example.com. MODIFICATION(S) BY BSSI. BSSI reserves the right, in its sole discretion, to change pricing; supplement, amend, or modify this Agreement upon thirty (30) days’ written notice to Client. BSSI may modify or discontinue all or part of its services, temporarily or permanently, with or without notice, and is not obligated to support or update its services. The amended Terms shall be effective immediately after they are posted online at www.bssivirtualoffice.com. Client acknowledges and agrees that BSSI is not liable to Client or any third party in event that BSSI exercises its right to modify and/or discontinue all and/or part of its services.
WEBSITE LINKS. BSSI web site and its related websites may provide links to other websites and resources. Client agrees that BSSI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.
CONDUCT. Client, at its expense, shall comply with all Federal, State and Local laws, including but not limited to licensing rules and requirements, relating to its use of services and facilities of BSSI, its affiliates or assignees. When at a facility, Client shall observe such reasonable rules and regulations as may be adopted and made available to Client for the safety, care and cleanliness of any physical facilities the Client may use and for the preservation of good order therein. Client shall not engage in any activity that may result in or create a fire hazard, theft hazard, safety hazard, create excessive noise, or cause an increase in BSSI’s insurance expense. Client will not commit any activity, or series of activities, that interferes with another’s work performance or creates an intimidating, offensive or hostile work environment for any clients and/or employees of the facility. Client will keep its information current with BSSI and agrees to sign a revised version of this Agreement and other necessary forms whenever any information changes. Should Client fail to keep information current and is not reachable by normal means of communication over two (2) weeks, BSSI may cancel the Agreement with no refund or liability to Client. BSSI will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose, or communicate in any manner, any information provided and /or that is proprietary to you, except for law enforcement purpose. BSSI may terminate services immediately with or without notice to Client if the legality of Client’s business is questioned by any local, state or national policing or regulatory authority. Client agrees to communicate with BSSI through electronic communications such as email; is aware that such use and data storage includes a risk of inadvertent or unintended information disclosure or other adverse consequences occurring; and accepts such possible consequences of the disclosure of confidential information at its own risk. BSSI maintains high levels of systems security but does not guarantee. Using the likeness or building trademark of any of BSSI’s centers or that of its affiliates or assignees in Client’s marketing or other business collateral is strictly prohibited.
DAMAGE. BSSI shall have the right to bill Client for the total cost of repairs, plus 15% to cover BSSI administration costs, for any damage caused by Client, its clients, guests, visitors and other associated individuals, to BSSI facilities, or surrounding building.
INDEMNIFICATION. Client will defend, indemnify, and hold harmless BSSI, its landlord; subsidiaries, affiliates, assignees and the directors, officers, employees, vendors, partners, contractors, or other representatives of each of them and all of their successors and assigns (collectively, the “BSSI Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of Services; and/or arising out of or in connection with any damage or injury (i) occurring in or on the Premises, except to the extent caused by the negligence or willful misconduct of the Indemnified Parties; or (ii) occurring elsewhere in the Building or the property to the extent caused by the negligence or willful misconduct of Client, its assignees, agents, invitees, employees, officers and directors. BSSI retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases Client agrees to cooperate with BSSI to defend such claim. Client may not settle any claim covered by this Section 14 without BSSI’s prior written approval.
EXPIRATION/CANCELLATION/TERMINATION. For Address and Mail; and Communication Services, any termination date for this Agreement shall fall on the last day of the month after the Initial Term, unless Client is in default. This Agreement may be terminated after the INITIAL TERM in writing under these conditions: a) after the INITIAL TERM by either party, with or without cause, upon the giving of not less than thirty (30) days written notice; b) by BSSI at any time, with or without notice, should Client be in default of this Agreement.
NOTICES. Client’s written notice to terminate the Agreement must be in writing, and must be sent by email to firstname.lastname@example.org. Client must receive confirming communication to consider the notice to have been received. BSSI’s written notice to terminate the Agreement shall be sent by email to Client’s email address on record. If Client’s electronic addresses no longer viable, Client has waived the right of formal notification. Such is the process for all notification.
POST-TERMINATION. Upon termination of the Agreement for whatever reason, it is the Client’s responsibility to notify all parties of Client’s change of address and/or communications services. Any and all mail addressed to Client will be marked and returned to sender.
LIMITATION ON LIABILITY. Client agrees that the services are provided on an “as is” basis without any warranties (whether expressed or implied). All implied warranties, including warranties of merchantability, correctness, completeness, timeliness, currency, or otherwise are disclaimed. BSSI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, whether in an action for or arising out of breach of contract, tort or any other cause, even if advised of the possibility of such damages. Client use and operation of the services is at Client’s sole discretion and risk. Should BSSI fail to render said services, BSSI shall adjust Client’s billing in an amount equal to the charge for such service during which the failure occurred or continues. Such an adjustment to Client’s billing shall be Client’s sole remedy for any such failure. There will be no billing adjustment if Client is in default. If Client is in default and its services are suspended, BSSI is not responsible for any liability resulting from service suspension due to Client’s default. BSSI is not responsible for any damage to person or property owned by Client, its clients, guests, visitors and other associated individuals, except to the extent the damage is caused by BSSI’s negligence, or by the negligence of its employees. BSSI will accept delivery of property on behalf of Client. BSSI is not responsible, however, for loss, theft or disappearance of any Client property.
ACKNOWLEDGMENT AND ACCEPTANCE. BSSI Services are offered to Client on the basis that Client accepts without modification all the stated Terms and Conditions in this Agreement. Client use of the Services represents Client’s agreement to the stated Terms and Conditions. Each person that uses BSSI Services, or that enters into a contract on behalf of its employer or other third party, represents that such person is authorized to accept these terms on its employer’s or the third party’s behalf. Client shall not assign this Agreement to any other party. BSSI reserves the right to refuse service to anyone for any reason at any time.
JURISDICTION AND CHOICE OF LAW. This Agreement is interpreted and enforced in accordance with the laws of the state of Nevada, USA; Clark County, Nevada shall have exclusive jurisdiction over any action or legal proceeding(s).
INTERPRETATION. The invalidity or unenforceability of any provision hereof shall not affect or impair the validity of any other provision. No waiver of any default of Client shall be implied from any failure by BSSI to take action with respect to any Client default
ATTORNEY FEES. In any action or legal proceeding to enforce any part of this Agreement, the prevailing party shall recover reasonable attorney fees and court costs.