Terms & Conditions

 

Terms and Conditions of Conducting Business

  1. Hereafter "The Company" will mean New York Executive Office Inc., "The Subscriber" will mean the firm, organization, or individual (s) named on the application form.
     
  2. The service(s) provided by the Company to the Subscriber will consist of (A) The taking of telephone calls and/or messages intended for the Subscriber and relay of same to Subscriber whether by telephone, fax, mail, e-mail or other delivery service(s). (B) The receiving of fax calls and/or messages intended for the Subscriber and relay of same to Subscriber whether by fax, mail, e-mail or other delivery service(s).
     
  3. The Subscriber will at all times keep the Company informed of Subscriber's current address and telephone number, In addition, the Subscriber will at all times keep the Company informed in writing of Subscriber's current fax number and/or e-mail address if applicable.
     
  4. No liability will attach to the Company because of any act, omission, neglect, delay, caused directly or indirectly by the Company or its employees, agents, or contractors whether by law of contract and/or by way of liability for negligence or other tort.
     
  5. All invoices are payable upon receipt, which will be the lesser of three days from the time of its mailing, dispatch via a private courier, or dispatch with a private courier service or transmission via electronic means, including e-mail or fax.  Any invoices not paid within 10 days will be subject the lesser of a monthly late fee of 1.5% interest or the maximum interest permitted by law.
     
  6. The Subscriber will fully indemnify and keep indemnified the Company against any expense, cost, claim, damages or penalties, including attorney's fees incurred by the Company in the execution of this Agreement or ancillary thereto however occasioned.  At the Company's request the Subscriber will at its expense defend the Company in any litigation or proceeding.
     
  7. The Subscriber Agrees with the Company not to carry on any business that is construed by the Company or any party to be, illegal, defamatory, pornographic, immoral or obscene, and the Subscriber agrees not to use the address of the Company either directly or indirectly for any such purpose or purposes. For the purpose of this clause, the Company's decision will be regarded as final. It is specifically understood and agreed that the Company's sign or trading name(s) will not be used by the Subscriber in any form or manner and in no manner will the Subscriber indicate or imply any connection to the Company.
     
  8. This agreement is subject to written notice of termination to be given by either party to be received 10 days prior to the first day of the month that the agreement is to be terminated. Said written termination will be sent by Certified, Registered, or Recorded Mail, with Return Receipt Requested addressed by the Subscriber to the Company or by the Company to the Subscriber address as shown on the Application for Service with New York Executive Office Inc. respectively.
     
  9. In the event of the breach by the Subscriber of any of the above conditions the Company will be entitled to terminate this agreement any time after such breach by sending written notice of such termination to the Subscriber's last known address received by the Company in writing from the Subscriber will be deemed sufficient notice.
     
  10. The Subscriber will reimburse the Company immediately for all sums of money expended by the Company for the Subscriber pursuant to this agreement in the event the Subscriber's account balance is deficient.
     
  11. The Subscriber agrees that the Company can use its discretion as to whether or not it discloses the Subscriber's current address on file with the Company. The Company upon being served with a Subpoena or other legal process will disclose any information demanded by said Subpoena or other legal process.  It is understood that the Company may cooperate with any investigation.
     
  12. In the event of the Subscriber failing to timely meet its obligation to the Company for service(s) provided by the Company, its agents and contractors to the Subscriber within one week of such payment becoming due, the Subscriber hereby empowers the Company to retain any telephone messages, fax, mail, or parcels delivered by all delivery services addressed or intended for the Subscriber until the Subscriber makes full payment of its liability to the Company.  Such remedies will be in addition to any other legal or equitable remedies.
     
  13. The Company reserves the right to refuse an application.
     
  14. The Subscriber agrees not to advertise or give the impression that the address of the Company or telephone numbers provided by the Company for Subscriber use are other than a "Correspondence" or "Inquiry" use of the Subscriber without first obtaining written consent from the Company to do or allow otherwise. Telephone numbers will never be announced or advertised on any television program and/or commercial by the Subscriber without first obtaining written consent from the Company to do or allow otherwise.
     
  15. This Agreement, together with any operating rules, policies, price schedules and rate sheets, credit card authorization form, privacy policy, or other supplemental documents expressly incorporated herein by reference and published from time to time by the Company (collectively the "Agreement"), constitutes the entire agreement between the Company and the Subscriber regarding the subject matter of this Agreement. By using, ordering, or receiving the products or services provided by the Company either now or in the future, the Subscriber confirms its acceptance of, and agree to be bound by, this Agreement.
     
  16. This agreement will be governed and construed in accordance with the laws of the State of New York, except for its laws relating to conflicts of law.  The Courts of the State of New York will have exclusive jurisdiction.

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