TERMS AND CONDITIONS OF USE
Please also see our “Website Terms of Use”, Privacy and Cookie Policy and AML Policy
Definitions:
Account Holder – the person or entity who applies and is accepted as the Account Holder and no other person.
Agreement – this agreement, any other agreement reference herein, any schedule, or annex and any changed or notified changed terms.
Initial term – this is for the period of one year from the first date of use and thereafter on a rolling annual basis unless we received written notice from you on or before 30 days prior to the end of the initial term or any further rolling term of cancellation.
Postage Account – your account where a minimum postage fund will be required and a top up requested as and when the account reached a figure of £5.00
Registered Office Address – Somerset House, D-F York Road, Wetherby, West Yorkshire, LS22 7SU.
Retrieval Fee – this is charged if you require a paper copy of a stored letter which has been scanned, postal charges apply as per our fees
Rolling Term – any one year terms after the initial term.
User – is a designated person nominated by the Account Holder to use the Account, and is bound by these Terms and Conditions.
Some words are capitalised to ensure enforcement of their meaning
OUR SERVICES
1. REGISTERED OFFICE AND DIRECTORS SERVICE ADDRESS.
1.1 We will provide you with the use of a postal address for the purpose of a registered office address which complies with the requirements of the Companies Act 2006.
1.2 We will provide a Directors Service address for the service of all your company business mail, but no personal mail is accepted.
1.3 These services are provided for the initial terms of your account and any additional term.
2. INCOMING MAIL
2.1 During the Initial Term and any Rolling Term we will permit the use of the Registered Office Address, for any fully paid up account holder, our Services will include;
2.1.2 Ensuring all incoming mail, is forwarded by your method of choice, being scanned and emailed or forwarded through the Royal Mail postal service.
2.1.3 We will sign for any recorded or registered items;
2.1.4 We will receive any “Medium” parcels and any additional parcels which exceed the “Medium” definition (as per Royal Mail) will be accepted but will be subject to a surcharge.
2.2 Any letters or parcels which require additional payment due to insufficient postage, duty or lack of funds in the account holder’s Postage Account, will also be accepted but will be subject to a surcharge.
2.3 Any account which is suspended, for whatever reason, or acceptance of such a letter or parcel would be in breach of our terms and conditions, we reserve the right to refuse to accept.
3. MAIL FORWARDING
3.1 You may opt to have your mail forwarded by Royal Mail services, to your designated postal address, first class post only or by scanning and emailing to your designated email address.
3.2 Your preferences may be changed with notice in writing to [email protected] , and we will use our reasonable endeavours to follow your instructions as soon as received.
3.3 We may, from time to time, use private courier postal services, without reference to the Account Holder. Such circumstances would be, but not limited to, postal services strikes, rail strikes, other possible delays or in our opinion the letter or parcel may be in breach of the Royal Mail Terms and Conditions.
3.4 You may opt to have all of your mail forwarded by private courier by instructing us in writing. We would require you to confirm the private courier service of your choice.
3.5 We reserve the right to consign mail into the most cost effective batches, which may require consignments to be multiple.
3.6 Any account which is suspended, for whatever reason, we reserve the right to decline to forward any post, letter or parcel which would break any terms, law or regulation of any courier or the Royal Mail.
3.7 No personal collection of mail is permitted by any person or service.
4. DESIGNATED ADDRESSES/EMAIL ADDRESSES
4.1 We require that you file a designated address or email address for your mail to be forwarded too.
4.2 You may change the designated address by notice in writing only and we will use our reasonable endeavours to ensure all post and emails are changed to the new designated addresses as soon as received.
4.3 If no designated address is provided all post will be stored until such a time as a designated address is received.
5. CHARGES FOR MAIL HELD
5.1 Any mail held will be charged for at the storage rates as per our Terms and Conditions, for a period of 90 days, whilst there is an active account, and for 30 days after the termination of any account. All storage fees are due and payable whether the account is current or inactive. There after all post retained will be electronically filed and retained for a further period of 24 months and then deleted. To obtain your records once mail is electronically stored a fee of £1.00 per letter will be payable.
5.2 Phantom Mail Ltd does not accept any liability for any mail once your account has expired or items have been electronically stored. The liability is with the Account Holder at all times.
6. MAIL FORWARDING
6.1 Phantom Mail Ltd accepts no liability for any mail forwarded and not received. You may request alerts when we have posted your mail, and proof of posting will be supplied if required.
6.2 You may request signed for and registered mail forwarding at any time and the costs are as detailed in our price list.
6.3 We will post to any overseas countries who will accept post from the UK. You are responsible for any customs and duty clearance for such overseas post.
6.4 Should any post require customs clearance prior to dispatch, we will contact you for the information which is required and a charge for this will be made.
7. COST OF POSTAGE AND SURCHARGES
7.1 We will pass on any additional costs and surcharges added by any third party company in respect of your post. This will be taken from your Postage Account and a receipt provided.
8. SCANNED MAIL FORWARDING
8.1 When instructing us to forward your mail through our scanning service You, the Account Holder, expressly gives Phantom Mail Ltd, permission to open your mail. Such permission cannot be rescinded whilst we remain instructed to forward mail through this service.
8.2 You may instruct us to destroy or store scanned mail, subject to our storage costs.
8.3 If you instruct us to destroy your scanned mail, we will do so within 48 hours of the mail be scanned and forwarded to you.
8.4 If you instruct us to store your scanned mail we will charge a Retrieval Fee if you require a paper copy at any time in the future.
9.UNSOLICITED OR JUNK MAIL
9.1 We will not post or forward what, in our opinion, is unsolicited or junk mail. We will however charge a handling fee for such items, any uncertainty we will treat as mail;
Unsolicited mail 70p per per item;
Junk mail 20 p per item .
9.2 If you require all mail to be forwarded, please notify us in writing.
9.3 We believe that this makes our company costs effective and user friendly, as to charge for forwarding junk mail, in particular is unethical in our opinion.
10. ACCOUNT HANDLING CHARGES
10.1 Our account handling charges are as per our fees and charges on our website;
10.1.1 we reserve the right to change these charges at any time, we will post a notice on the web site to inform you 30 days in advance of any changes;
10.1.2 we will automatically change our fees in line with any changes made by the Royal Mail services and notify you of such changes as soon as we are reasonably able to do so, which will be in line with any notification by the Royal Mail.
10.2 Any suspended account all charges will continue to accrue;
10.3 Any Postage account which is un funded, all mail forwarding will be suspended when the account reaches a minimum of £5.00. Upon the closure of any account, once all outstanding invoices are paid in full, a full refund of any credit amount in the postage account will be made. Payment will only be made in to the account that the money was paid from, this is inline with AML law and regulation.
11. SURCHARGES
11.1 A Surcharge of £3.25 will be made;
11.1.1 for oversized or overweight parcels or;
11.1.2 to forward your mail by Royal Mail ‘Special Delivery’ or specialist courier;
11.1.3 where insurance is required or;
11.1.4 to search the contents of your stored mail or;
11.2 A Surcharge of £50 is payable if any person calls into the Mail Centre in respect of your company or any director or employee.
11.3 Surcharges are deducted from the balance in your Postage Account as they are incurred.
11.4 If there are any differences between this Agreement and the fees and charges displayed in our web site this Agreement supersedes and is binding.
12. POSTAGE ACCOUNT
12.1 You are responsible for maintaining the level of your postage account, such that the minimum amount is £5.00. You may make payment into your postage account at any time. When making payment mark the payment “Postage Account”
12.2 Your account will be suspended if any payment from your postage account would make the account lower than £5.00.
12.3 If your postage account stays below £5.00 for more than 60 days your account will be closed but all charges will continue to accrue as per these terms and conditions and our fee charges.
12.4 We will notify you of your Postage Account balance once it reaches £6.00 to ensure that you are aware of the need to refund the account, though it is your responsibility to maintain the account above £5.00 at all times.
12.5 You can opt to have an SMS sent to your designated mobile phone number to assist you. They SMS will be charged as per our fees and charges on our web site.
13. Account Users
13.1 Each account may have up to named five Users.
13.2 Each registered User has the authority to instruct Phantom Mail Limited in respect of the account.
13.3 Each User must provide a photo ID and a recent bank or utility account to prove their residential address. We reserve the right to ask for proof annually. It is the responsibility of each User to update us in respect of their residential address and any additional forwarding address. Any returned mail will be charged a £3.25 handling fee.
13.4 Each User will be required to registered for a minimum period of the initial term and are bound by these are any other terms and conditions referenced in this Agreement.
13.5 Phantom Mail Ltd reserves the right to refuse to agree to a further term.
14. PAYMENT TERMS AND FEES
14.1 Any account which has any unverified User for more than one month, the unverified User will be charged a handling fee of £2.50 per item, for their post.
14.2 Any account which has an overdue invoice or whose postage account is in arrears, post will be accepted and handling charges will accrue. No scanning or forwarding of mail will be undertaken and if the account remains delinquent for a further seven (7) days it will, at Phantom Mail Ltd’s absolute discretion, be closed
14.3 Upon the expiry of the Initial Term and the continuation of a further Term the Account Holder and any User continues to expressly agree to these Terms and Conditions and any replacement Terms and Conditions notified to the Account Holder.
14.4 All charges and fee’s are displayed on our website and are detailed in these terms and conditions which are also displayed on our website.
14.5 Our annual fee is payable upon application for an account and provides the Account Holder and User with the right to use the Registered Office address for their business mail.
14.6 Any account which is suspended for non payment of invoices and/or topping up of its postage account will be, at Phantom Mail Ltd absolute discretion, charged an administration fee of £25.
14.7 Any account which is not renewed, any incoming post will be accepted and forwarded whilst there are funds in the postage account. This account may be topped up whilst the account is closed for a period of thirty (30) days after account closure only. Thereafter the post will be returned to the sender.
STATEMENTS
14.8 Phantom Mail Ltd reserves the right to change these terms and conditions at any time by advising you of any changes not less than thirty (30) days before the changes come into effect, all changes will be posted on our website.
14.9 You the Account Holder and Users’, confirm that you have read and understood these Terms and Conditions and agree to be bound by the content.
15. STORAGE OF MAIL AND FAIR USAGE
15.1 Phantom Mail Ltd will:
15.1.1 store your mail as per 5.1 for the Term of your Account plus 30 (thirty) days, subject to our Fair Use policy in below.
15.1.2 A weekly Storage Charge of £12 is become payable for each cubic metre and part cubic meter in excess of our Fair Use limit.
15.1.2 All mail in storage 30 days after the Expiry or termination of any account may be destroyed.
15.2 We do not insure your mail whilst it is on our premises and in our care.
15.2.2 Our liability in respect of any claim for damage or loss is limited to £50 in aggregate.
15.3 It is your liability to insure your mail.
15.4 We do not accept delivery of any items of value, this is to be considered any items over £15.
15.5 FAIR USAGE:
15.1.1 Any Account Holder may used our registered office address within your business websites and for all correspondence including, but not limited to Government Authorities, banks and retailers provided that such use does not breach any provision of the restriction detailed below.
15.1.2 You may, additionally, use the registered address in any advertising including but not limited to Printed or Online Directories and Social Media, Search Engines, Portals or your business websites on condition that such advertising does not breach any of the restriction below.
15.6 RESTRICTIONS
Account Holder responsibility:
15.6.1 You may never misrepresent the Registered Address as your place of residence or attempt to add yourself or others to the local Electoral Register (Electoral Roll) at the Registered Address.
15.6.2 You may never claim the Registered Address as the physical address from which goods are sold or distributed.
15.6.3 You may not use the Registered Address to fraudulently secure credit or to unlawfully avoid existing creditors. Any visits from a Sheriff’s Officer or Bailiff will incur a fixed fee of £50.
15.6.3 You must not send or deliver, or permit to be sent or delivered, any illegal, defamatory, obscene, offensive or dangerous object or material more especially described in this website.
15.6.4 You must not use the Service in any way or for any purpose which in our considered opinion may be likely to bring the Company into disrepute.
15.7 Should any account holder breach any of these provisions we reserve the right to close the Account without notice and without refund.
16. CANCELLATION AND TERMINATION
Customer Cancellation:
16.1 Under the Consumer Contracts Information and Additional Charges Regulations 2013 there is no right to withdraw from this agreement once entered into as the products are specifically tailored to your needs and requirements.
16.2 The initial term is for 12 months from the start date of the agreement, thereafter to cancel and further term please email us at [email protected] at least thirty(30) prior to the end of the initial terms or any further terms. Each Further term is for 12 months.
16.3 Any refund due to you from monies remaining in your postage account will be refunded within thirty days(30) days of the end of the term into the account it was paid from, no other repayment will be provided.
Phantom Mail Ltd Termination:
16.4 We may terminate your account if your identification has not been provided within thirty days (30) of the User registration;
16..4.1 Your postage account remains overdrawn for a period of sixty (60) days;
16.4.2 You breach the Terms and Conditions of this agreement; and/or
16.4.3 We consider that your actions bring our company into disrepute.
16.4 CONSEQUENCES OF TERMINATION
16.4.1 If any Account Holder or User is found to be in breach of any of our Terms and Conditions we may, at our absolute discretion, close your Account immediately and any balance in your postage fund may be forfeited for payment of our reasonable costs. You give your express, irrevocable authority, that if your account is terminated under this clause that we may destroy any mail we hold and any incoming mail will be returned to the sender.
17.LEGAL COMPLIANCE
ANTI MONEY LAUNDERING
17.1 Please read our Anti Money Laundering policy – we will request all reasonable and required documentation to confirm identity checks, any User not providing such requested documentation within thirty (30) days their account will be suspended until compliance is achieved.
17.2 Suspension will provide that all mail is collected, but no mail will be forwarded or scanned. A surcharge of £3.25 per day after the first thirty days will apply.
ACCOUNT HOLDER AND USER COMPLIANCE
The Account Holder and any User agrees to:
17.3 Provide the required documents necessary to complete Identity Verification as per clause 17.1.
17.4 To maintain, at all times, a minimum positive credit balance of £5.00 in their Postage Fund and top up as necessary.
17.5 The Account Holder will be responsible for any costs incurred due to any misuse and/or breach of any User of this Agreement.
17.6 The Account Holder expressly authorises Phantom Mail LTD and any of its representatives, at their sole discretion, to sign on behalf of the Account Holders and/or Users of the account, for any deliveries addressed to the Account Holder’s registered address.
17.7 The Account Holder expressly agrees to accept that packages may be withheld and referred to the authorities pending investigation where the Company has concerns as to the parcels content.
17.8 The Account Holder indemnifies, on a full indemnity basis, Phantom Mail Ltd, against any liability, expense, loss, claim or proceedings incurred by Phantom Mail Ltd arising from the use by the Account Holder and any of its account Users of the Service except to the extent that the same is caused by the clear negligence of Phantom Mail Ltd.
17.9 Phantom Mail Ltd shall not be liable for any indirect or consequential loss including loss of profit, nor for any liabilities, costs, claims, demands or expenses arising from any event beyond its control including but not limited to any loss, damage, delay or mis-delivery on the part of any third party or carrier.
18. GDPR AND PRIVACY
18.1 Please see our Privacy and Cookie policy which explains how we deal with your private information.
18.2 You, the Account Holder and the Users’, expressly and irrevocably grant permission for Phantom Mail Ltd, it’s officers, employees, agents and contractors to open, store, scan and do such things as may be required under the terms of this contract, to any and all mail and parcels which are received at the registered office address provided for you to use.
18.3 Were we are legally required to provide any information to any third party we will endeavour to inform you of such request prior to providing such information unless we are prohibited from doing so by law.
18.4 You, the Account Holder and Users’, expressly agree that we will send you information electronically, including the content of your letters and other such things, such as, but not limited to, a regular newsletter and relevant advertising materials. You may opt out of the latter by emailing us at [email protected]
19. WARRANTIES AND INDEMNITIES
19.1 Phantom Mail Ltd will not be liable for:
any form of indirect, consequential or special loss; any loss or corruption of any data, database or software; any loss of business, contracts or commercial opportunities or any other form of pure economic loss, direct or indirect.
19.2 Nothing in this Agreement:
limits or excludes a party’s liability for causing death or personal injury by their negligence; limits or excludes a party’s liability for their fraud or fraudulent misrepresentation; or limits or excludes a party’s liability in any way not permitted under applicable law.
19.3 Phantom Mail Ltd’s total liability (however arising) under the Agreement will not exceed the total amount paid by the Customer to Phantom Mail Ltd under this Agreement, is a maximum of £50.00.
19.4 All warranties, conditions and other terms implied by law are excluded from this Agreement unless stated in this Agreement, as far as permitted by law.
20. INTELLECTUAL PROPERTY
20.1 Phantom Mail Ltd retains all rights to its name, logo, and any other intellectual property associated with its business. The Account Holder and User agrees not to use the Company’s name, logo, or any other intellectual property in any manner without the prior written consent of the Company unless as stated in this Agreement.
20.2 The Account Holder and User acknowledges that any unauthorised use of the Company’s name, logo, or intellectual property may result in legal action being taken against them. The Account Holder and User agrees to indemnify and hold harmless the Company from any claims, damages, or liabilities arising from the Account Holder or Users’ unauthorised use of the Company’s intellectual property.
20.3 This Intellectual Property Clause shall survive the termination of the contract between the Account Holder and User and the Company. The Account Holder and User agrees to abide by this clause for the duration of their relationship with the Company and beyond.
21. FORCE MAJUERE
21.1 A party to this Agreement is not liable for failure or delay in performing its obligations if that failure or delay is caused by something beyond his reasonable control. In these circumstances, the affected party must notify the other party or parties as soon as reasonably practicable. The notified party or parties can suspend or terminate the Agreement immediately by notifying the other party.
22. ENTIRE AGREEMENT
22.1 This Agreement contains the whole agreement between the parties relating to its subject matter and supersedes all prior discussions, warranties, representations, assurances, arrangements or agreements that might have taken place orally or in writing in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
23. GENERAL
23.1 The Account Holder or any User may not assign, transfer or subcontract their rights and obligations under this Agreement without the prior written consent of Phantom Mail Ltd.
23.2 Only changes to this Agreement that are in writing and signed by the parties are valid or binding, unless as otherwise stated.
23.3 The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement and no third party has the right to enforce or rely on any provision of this Agreement.
23.4 This agreement is legally binding upon the commencement of the agreed works between the parties as though signed by the Account Holder.
23.5 No delay, act or omission by a party in exercising any right or remedy is a waiver of that, or any other, right or remedy unless the parties agree differently.
23.6 Provisions of this Agreement which are stated or intended to continue in force after this Agreement ends will do so.
23.7 If any court or competent authority decides that any part of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that part will be deemed deleted so far as necessary without affecting the other parts of this Agreement, which will continue to be valid and enforceable.
23.8 Any notice to be delivered under this Agreement must be in writing and delivered by pre-paid first class post or left by hand delivery at the registered address or place of business of the notified party, or sent by email to the other party’s main business email address as notified to the sending Party. Except were stated otherwise in this Agreement.
23.9 Notices:If any notices sent by post within the United Kingdom, it is deemed to be received on the second Working Day after posting. Notices sent by post from or to addresses outside the United Kingdom are deemed to be received on the tenth Working Day after posting. Notices delivered by hand are deemed to be received at the time the notice is left at the proper address and notices sent by fax are deemed to be received on the next Working Day after transmission. The above clauses do not apply to the service of and proceedings or other documents in any legal action.
DISPUTE RESOLUTION
23.10 All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration with an Arbitration Resolution Service such as CEDR, then Parties expressly agree to abide any and all findings under such arbitration. In the event that any Party fails to pay any award, the award may be converted into a judgement in a court of competent jurisdiction and enforced through it.
24 GOVERNING LAW AND JURISDICTION
24.1 This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
IN AGREEING TO THESE TERMS AND CONDITIONS YOU ARE AGREEING TO ALL DOCUMENTS HEREIN REFERRED TO
These are the Terms and Conditions of Phantom Mail Ltd, a company registered in the United Kingdom, with company number 15750933 and whose registered office is at Somerset House, D-F York Road, Wetherby, West Yorkshire, LS22 7SU.