Terms & Conditions

TERMS AND CONDITIONS FOR VIRTUAL OFFICE SERVICES

1. APPLICABILITY.
a. These terms and conditions for services (these “Terms”) are the only terms that govern the provision of virtual office services which are provided by Maven Marketing, LLC DBA HAYVN, hereinafter referred to as (“HAYVN”) to you (“Customer” or “You).

b. The virtual office service plan that You choose on our website platform or third-party website such as Office RnD or Anytime Mailbox, (the “Plan“) and these Terms (collectively, this “Agreement) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the “Plan” these Terms shall govern.

2. SERVICE. By using these virtual office services, you agree that You, and any individuals You authorize on your behalf shall abide by and be bound by the following terms and conditions.

3. CUSTOMER'S REPRESENTATIONS
a. Customer agrees not to use HAYVN’s premises or services for any unlawful, illegitimate, or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations or other federal or state law or regulation. You further agree that any use of the virtual office services shall be in conformity with all applicable federal, state, and local laws (“Virtual Office Services”). Each individual or entity must complete a separate U.S. Postal Service Form 1583 ("Form 1583") to be authorized to receive mail or packages at HAYVN. Customers must reference DBAs on the Form 1583. Spouses may complete one Form 1583, as long as both spouses include their separate information on the Form.

b. Upon request, Customer agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. Customer further agrees to sign an updated version of Terms and Conditions and Form 1583 upon request. These Terms and Conditions and Form 1583 shall remain confidential, except that they may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated.

c. In the event of death or incapacity of the Customer, HAYVN 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 who was not previously designated as an authorized person.

4. CUSTOMER OBLIGATIONS
a. Customer must use the exact mailing address provided by HAYVN without modification as set forth in Section two (2) of Form 1583. HAYVN will make commercially reasonable efforts to deliver Customer’s mail; however, the Postal Service may return mail without a proper address to the sender endorsed "Undeliverable as Addressed."

b. Delivery by commercial courier services must be made to HAYVN street address only (and not to a P.O. Box). Upon signing this Agreement, Customer shall provide two forms of valid identification, one of which shall include a photograph. This Agreement may be amended or modified from time to time by HAYVN; HAYVN will notify Customer of amendments or modifications in writing.

c. HAYVN reserves the right to open and inspect any packages or mail which may arrive damaged or that may be otherwise of questionable integrity or legality.

d. Virtual Office Customers are prohibited from creating a Business Profile on Google due to Google regulations requiring a physical location. However, customers may upgrade to a Dedicated Desk or Private Office Membership Plan, both of which have physical locations at HAYVN, subject to availability. Customers may, by written communication to the Community Manager, request such an upgrade. Failure to comply with Section 4(d) may result in immediate termination of Virtual Office Services without a refund, or it may result in an membership plan upgrade.

5. FEES; PAYMENT TERMS; LATE PAYMENTS. Virtual Office Service fees are due and payable on the first day of each Month. HAYVN may hold mail and packages pending payment. There will be no pro-rations or refunds for cancellation of any service. You agree to pay a late fee of $25.00 if any payment is not received within five (5) days of when due. Virtual Office Service fees and other related fees stated herein are subject to change, per Section 5(c). In the event that You receive an unreasonable volume of mail or packages, the determination of which is at HAYVN’s sole discretion, HAYVN may require You to upgrade to a larger size mailbox and/or pay any additional charges. HAYVN reserves the right to increase the Virtual Office Service fees in the event that CUSTOMER adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at HAYVN pursuant to Form 1583.

a. HAYVN’s Virtual Office Plans, which are subject to change, presently include: Address, Only, Basic Mail, Digital Mail Plus, Virtual Office and Virtual Office Plus. Plan details, including services and fees are listed on the HAYVN website. There is no monthly minimum for the Basic or Address only plans.

b. The Digital Mail Plus, Virtual Office and Virtual Office Plus plans require a 6-month membership commitment, although membership fees are billed and paid on a monthly basis. CUSTOMER agrees to automatic monthly billing and all fees are billed on the 1st of each month.

c. Mail Management Services include opening and scanning mail, forwarding mail (includes additional postage fee), shredding mail, and storing mail. All Mail Management Services are provided for service fees which are listed on the HAYVN website, and which are subject to change.

d. Renewal Escalations: Customer agrees that an automatic 4% increase will be assessed annually to the monthly Virtual Office rate regardless of term or then published, new client pricing and/or discounts.

6. TERMINATION OBLIGATIONS. Upon expiration, cancellation or termination of this AGREEMENT, HAYVN, Customer is responsible for contacting HAYVN to coordinate the collection of their mail. In accordance with federal postal regulations, these Terms suffice as a written agreement between HAYVN and Customer that acknowledges Customer’s understanding that HAYVN will not, and is not obligated to, remail Customer’s mail following termination of any Plan.

7. TERM. The term of this Agreement, which varies according to the type of Virtual Office Plan, shall be the initial period determined by the Plan and selected by Customer and any renewal period paid for by You from time to time. Renewal of this Agreement for additional terms shall be at HAYVN’s sole discretion.

8. TERMINATION.
a. Termination by Customer. At the end of the initial period, Customer may terminate this Agreement provided that Customer provides HAYVN written notice thirty (30) days in advance of the end of the initial period. Failure to provide thirty days advance notice will result in the renewal of the Agreement for an additional thirty (30) day term.

b. Termination by HAYVN. HAYVN may terminate or cancel this Agreement for any reason at any time by providing Customer thirty (30) days written notice. In addition, HAYVN may immediately terminate or cancel this Agreement for good cause without advance written notice. Good cause shall include, but is not limited to:

-Customer uses the Virtual Office Services for unlawful, illegitimate, or fraudulent purposes;
-Customer fails to pay monies owed when due;
-Customer receives an unreasonable volume of mail or packages;
-Customer engages in offensive, abusive or disruptive behavior toward other customers of HAYVN or HAYVN's employees; and
-Customer violates any provision of this Agreement or the Membership Agreement.

c. 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 You to use the Virtual Office Services will be attributed to You.

9. NOTICE. Any written notice to Customer required or permitted under this Agreement shall be deemed delivered twenty-four (24) hours after placement of such notice in the Customer's mailbox at HAYVN or at the time personally delivered to Customer. In the event of a termination notice, notice shall be deemed delivered (a) on the next day after placing in the hands of a commercial courier service or the United States Postal Service for next day delivery, or (b) five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to Customer at Your address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.

10. AUTHORIZED AGENT. As Customer's authorized agent for receipt of mail, HAYVN will accept all mail, including registered, insured, and certified items. Unless prior arrangements have been made, HAYVN shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from HAYVN as a condition of delivery. Customer must accept and sign for all mail and packages upon the request of HAYVN. Packages not picked up within seven days of notification will be subject to a storage fee of $3.00 per day per package, which must be paid before CUSTOMER receives the package. In the event Customer refuses to accept any mail or package, HAYVN 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. C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to HAYVN.

11. INDEMNIFICATION. Customer agrees to protect, indemnify HAYVN, and its respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs and causes of action of every type and character arising out of or in connection with the use of the Virtual Office Services, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from or related to such use or possession, from failure of the U.S. Postal Service or any commercial courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), from damage to or loss of any package or mail, or to the mailbox contents by any cause whatsoever, and from any violation by Customer of applicable federal, state or local laws. Furthermore, Customer’s virtual office plan does not guarantee a Google My Business listing or a guarantee for a listing or positioning with any search engine for that matter.

12. LIMITATION OF LIABILITY. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF HAYVN, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100.00 REGARDLESS OF THE NATURE OF THE CLAIM.

13. FORCE MAJEURE. In addition, HAYVN will be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and will promptly provide notice of such prevention to the Customer. Such excuse will be continued so long as the condition constituting force majeure continues. HAYVN will notify the Customer of the anticipated duration of such force majeure; any actions being taken to avoid or minimize its effect after such occurrence and will take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” will include conditions beyond the control of HAYVN, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, pandemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder will in no event be delayed by the Customer because of a force majeure affecting the Customer.

14. ENTIRE AGREEMENT This Agreement, and any accompanying appendices, duplicates, or copies, constitute the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this Agreement.

15. AMENDMENT OR MODIFICATION. This Agreement may be amended from time to time by HAYVN by written notification to the Customer (email is acceptable).

16. SEVERABILITY. If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.

17. ASSIGNMENT. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of HAYVN.

18. WAIVER. A failure or delay in exercising any right, power, or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power, or privilege.

19. GOVERNING LAW. This Agreement is to be governed by and construed in accordance with the laws of the State of Connecticut without reference to any principles of conflicts of laws, which might cause the application of the laws of another State Admitted to the Union (the “United States of America”, or the “Union”).

20. SUBMISSION TO JURISDICTION. Any action instituted by either party arising out of this AGREEMENT will only be brought, tried, and resolved in the applicable federal or state courts having jurisdiction in the State of Connecticut. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE STATE OF CONNECTICUT. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.

By checking the box, you accept this Agreement on the date stated.