Services Agreement for FlyBox Services, LLC

THE SERVICES AGREEMENT (this “Agreement”) sets forth the terms and conditions upon which FlyBox Services, LLC, a Delaware limited liability company (“Company”), will provide services to the party(ies) whose name(s) is set forth in the signature block below or is otherwise referenced in the “Application” defined below (“Customer”). Customer accepts this Agreement when Customer does any of the following: (a) provides a written or electronic signature; (b) Customer’s authorized representative provides written or electronic signature; (c) creates or attempts to create an account with FlyBox (an “Account”) on the Company website or the Application; (d) attempts to or in any way uses the Company website or the Application to order a FlyBox (as hereinafter defined); (e) loads or stores goods in a FlyBox  (defined below); or (f) pays for any services of Company.  Schedules annexed to or referred to in this Agreement are incorporated and made a part of this Agreement.  Any capitalized term used in any Schedule but not otherwise defined there shall have the meaning given to such term in this Agreement.  This Agreement shall apply to all present and future services provided by Company to Customer and all present and future orders made by Customer, including, but not limited to, the purchase of a FlyBox. In consideration of the foregoing, and the mutual promises and assumption of obligations described in this Agreement, the parties agree as follows:

  • SERVICES. Subject to the terms and conditions below, Customer has or will retain Company’s services to obtain one or more portable storage containers or units (individually referred to as a “FlyBox” and collectively referred to as “FlyBoxes”) and, at Customer’s request, to transport the FlyBox(es). Customer has the option to store the FlyBox with Company or have the FlyBox remain at Customer’s designated location (“Customer’s Premises”). Should Customer elect to have Company store the FlyBox at Company’s premises, Customer agrees that Company shall have the right and authority to store the FlyBox at any available storage facility of Company (“Facility”), as determined in Company’s discretion. Upon use of the FlyBox, Customer acknowledges having had an opportunity to examine the FlyBox and that such FlyBox is satisfactory for all purposes for which Customer shall use it.  Except as may be provided under applicable law, Customer acknowledges and agrees that no bailment or deposit of goods for safekeeping is intended or created hereunder. Further, the parties expressly understand and agree that it is the parties’ intention that any laws including, without limitation, warehouseman laws, or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping shall not apply to this Agreement.
  • “APPLICATION;” CREDIT/DEBIT CARD AUTHORIZATION.  After Customer has ordered delivery of one or more FlyBoxes for the first time by using Company’s website, Customer agrees to download Company’s mobile phone application (the “Application”).  Customer agrees to use the Application to scan the code on each FlyBox and pair that FlyBox with the Application.  Whether or not Customer possesses a FlyBox, once such FlyBox is paired with Customer via the Application, that pairing cannot be changed or reassigned.  Thereafter, full control regarding return or ordering of FlyBoxes, shipping and other issues is available on the Application, and that mode is the sole apparatus for communicating with Company.  For example, Customer agrees that to return a FlyBox, the shipping label is to be scanned and the shipping scheduled, all via the Application.  Customer further agrees to load into the Application its credit or debit card or digital payment services account information so that all fees and charges can be paid accordingly, and Customer shall at all times keep such account information updated.  Customer authorizes Company to charge Customer’s credit or debit card account, or digital payment services account such as PayPal, without the signature of Customer, for such fees and charges owed by Customer to Company.  Customer agrees that if Customer’s credit or debit card expires, or is declined, or if Customer’s digital payment services account information requires an update, Company will provide Customer notice to the email address listed in the Customer’s Account profile.  Customer is responsible for keeping Customer’s physical address, email address, and other contact information up to date in the Application.  Further, Customer must keep its account credential for the Application confidential and secure, and must immediately notify Company of any unauthorized use of the Customer’s Account.  In addition to this Agreement, Customer agrees that Company services (including the Application) are subject to the Terms of Use and the Privacy Policy (collectively, the “Posted Terms”), which are incorporated into this Agreement by reference, except that this Agreement shall control to extent there is any conflict.
  • MEMBERSHIP FEES; BILLING.  
  • Quarterly Membership.  At the time of placement of an order for one or more FlyBoxes, and renewing automatically every three months thereafter unless cancelled as provided in Section 12 of this Agreement, Customer agrees to pay to Company the applicable Membership Fee(s) for their selected Membership Plan set forth in Schedule A.  Except as set forth below, Membership Fees are billed on a three-month cycle, calculated based on 30-day months (each such cycle, the “Commitment Period”). After Customer places its initial order for one or more FlyBoxes (the “Initial Order”), Customer then is provided with a Packing Period (as set forth in Schedule A) prior to its first Commitment Period.  Customer’s Membership Plan automatically renews at the end of the Commitment Period, and each subsequent Commitment Period immediately follows the prior Commitment Period.  Membership Fees are billed on the first day of each Commitment Period (the “Billing Cycle Date”) and will be charged unless cancelled.  Customer will not be entitled to a refund of any Membership Fees under any circumstances.  Time is of the essence with respect to all Customer payment obligations due under this Agreement.  Customer also promises to pay for any other applicable taxes, fees, and charges set forth on Schedule A.
  • Annual Prepayment Discount.  Customer may opt to make an annual prepayment of Membership Fees for a twelve-month period, in which case Customer shall receive the Annual Prepayment Discount set forth on Schedule A and Customer shall have a twelve-month Commitment Period.  The Annual Prepayment Discount plan shall automatically renew for additional twelve-month Commitment Periods unless Customer cancels its Membership Plan as provided in Section 12 of this Agreement.
  • Add-On Orders.  Customer may opt to order additional FlyBoxes (an “Add On Order”).  In the event that Customer places an Add On Order, Customer shall immediately pay a three-month Membership Fee for the FlyBoxes included in such Add On Order.  At the Customer’s next Billing Cycle Date, Customer shall pay a pro-rated fee for the Add On Order to reflect the time period between when the pre-paid Add On Order expires and the end of the applicable Commitment Period. Subsequently, the Add On Order fees shall be added to the fees for the applicable Membership Plan on each Billing Cycle Date.  For illustrative purposes only, in the event that a Customer with a three-month Commitment Period places an Add-On Order for a FlyBox on the 46th day following the date of the Initial Order, Customer shall immediately pay for 90 days of fees for such Add-On Order.  On the Billing Cycle Date that occurs on the 91st day, Customer shall pay pro-rated fees for such Add-On Order representing the period from the 136th day to the 180th day.
  • LATE CHARGES; OTHER FEES.  If Customer fails to pay any Membership Fee by the seventh day following the Billing Cycle Date, Customer shall pay, in addition to any other amounts due, the Late Fee set forth on Schedule A per FlyBox for each delinquent payment, and such payment obligations shall survive any termination or cancellation of this Agreement and/or any order. Customer will be responsible for all of Company’s costs of collection of any fees owed by Customer under this Agreement, including, but not limited to, court costs, filing fees and attorneys’ fees, subject to any limitations in applicable law. Additional fees may be incurred for expedited delivery, redelivery or extended delivery, and are set forth in Schedule A to the extent applicable.  A flat Retrieval Fee set forth on Schedule A is charged any time a Customer requests a FlyBox be returned from a Facility.  An Excess Mileage Fee may also be charged, as set forth in Schedule A.  In the event that Company elects to accept a shipment that exceeds the approved weight limit set forth in Schedule A, Company shall charge Customer an Excess Weight Fee as set forth in Schedule A.  In addition to any other amounts due referenced in this Agreement, Customer hereby acknowledges and agrees that the fees set forth in Schedule A, as may be amended from time to time, shall apply.  All “excess” fees are imposed at the discretion of the Company.
  • LIMITS ON USE. Customer understands and agrees that Company does not have knowledge of the kind, quantity or value of personal property or other goods stored by Customer in the FlyBox pursuant to this Agreement. If the FlyBox will be stored at a Facility, Customer specifically acknowledges and agrees: (a) that the FlyBox may be used for storage only, and that the use of the FlyBox for the conduct of business or for HUMAN OR ANIMAL HABITATION IS SPECIFICALLY PROHIBITED; (b) the FlyBox may not be used to store any items on the FlyBox Prohibited Items List; (c) that Customer assumes full responsibility and liability for packing Customer’s property in the FlyBox and for securing Customer’s property for over the road transportation; (d) the weight of Customer’s property packed into the FlyBox shall be evenly distributed throughout the FlyBox; and (e) that Company may reject and return any FlyBox to Customer if it reasonably suspects Customer has violated any term in this Agreement. Customer shall comply with the then-current Federal Express Service Guide requirements for FlyBox shipments, including with respect to weight limits and prohibited items (currently available at https://www.fedex.com/en-us/service-guide.html).  Customer shall reimburse FlyBox for damage to equipment or injury to personnel resulting from Customer’s breach of this Section 5.
  • CUSTOMER’S RISK AND LIABILITY / INSURANCE OBLIGATION. Subject to applicable law, Customer personally assumes all risk of loss or damage to or theft of Customer’s property stored in a FlyBox in excess of $100 per FlyBox, however such loss, damage, or theft is caused, including, without limitation, burglary, shifting of contents while in transit, mysterious disappearance, fire, water, rodents, insects, vermin, bugs, earthquakes, acts of God, vandalism, mold, mildew, or the active or passive acts or omissions or negligence of Company or Company’s Agents, regardless of whether a FlyBox is stored at a Facility or is in transit to or from a Facility at the time of such loss, damage or theft. Customer specifically acknowledges that Company’s liability for any damage to or loss of Customer’s property for any reason shall not exceed $100 per Customer FlyBox.  As used in this Agreement, “Agent” shall mean employees, officers, contractors and agents of the Company. It is Customer's responsibility to adequately insure the property stored by Customer. Customer agrees to insure the actual full value of the stored property against loss and damage.
  • ACCESS AND INSPECTION. Company and Company’s agents have the right to open and inspect any FlyBox, without prior notice to Customer, (1) if Company reasonably suspects that the FlyBox contains Prohibited Items, is being used for unlawful purposes, or poses a risk to health, safety or property; (2) if required to do so by law, regulation, court order, or at the request of law enforcement or other governmental authority; or (3) in the event of an emergency or where immediate access is necessary to prevent harm or damage.  Company will only release a FlyBox to someone other than Customer if Company is presented with a valid court order or binding arbitration ruling.  
  • LIMITATION OF LIABILITY. Subject to applicable law, (1) Company and Company’s Agents shall not be responsible to Customer or to any other person for any damage or loss in excess of $100 per Customer FlyBox, however caused, unless the loss or damage is directly caused by Company’s fraud, willful injury or willful violation of law, (2) Customer hereby releases Company and Company’s Agents from any responsibility for any loss, liability, claim, expense, damage to property or injury to persons in excess of $100 per Customer FlyBox, and (3) Customer expressly agrees that the carrier of any insurance obtained by Customer (e.g., homeowner’s insurance) shall not be subrogated to any claim of Customer against Company or Company’s Agents. CUSTOMER WAIVES ANY CLAIM FOR EMOTIONAL OR FOR SENTIMENTAL ATTACHMENT TO CUSTOMER’S PROPERTY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CUSTOMER WAIVES ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO CUSTOMER. COMPANY’S AND COMPANY’S AGENTS TOTAL, CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY REASON, INCLUDING FROM DAMAGE TO OR LOSS OF CUSTOMER’S PROPERTY, SHALL NOT EXCEED $100.00 PER FLYBOX. THE EXISTENCE OF MORE THAN ONE CLAIM PER FLYBOX SHALL NOT ENLARGE THIS LIMIT.   In the event Customer's FlyBox, if stored at a Facility, breaks or otherwise becomes less than adequate for its intended purpose, Company, at its own expense, will move Customer’s property that is stored in the FlyBox to a new FlyBox, pair the new FlyBox to Customer, and notify Customer that it has done so.
  • LOCK. Customer shall use the zip-tie securing package provided by Company as a lock for securing the FlyBox. The FlyBox must be properly locked by Customer prior to Company moving the FlyBox.
  • CUSTOMER REPRESENTATIONS AND WARRANTIES.  Customer hereby represents and warrants that: (i) Customer is the owner of all contents of each Customer Flybox, (ii) Customer is at least eighteen (18) years of age, (iii) Customer is acting on its own behalf and not for the benefit of any third party, and (iv) Customer’s use of the FlyBoxes and the Application does not and shall not violate any applicable law or regulation, nor any Company policy.  If Company learns that Customer is in violation of any of the foregoing, Company may terminate this Agreement and Customer’s Membership Plan without warning.
  • NO REPRESENTATIONS OR WARRANTIES BY FLYBOX. To the maximum extent allowed by applicable law, Company hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the FlyBox and the Facility, including any warranties of merchantability or fitness for a particular use or purpose. Customer further acknowledges and understands that Company makes no assurances or guarantees regarding the time of pick-up or delivery of any FlyBox.
  • TERMINATION; CANCELLATION. Company may terminate this Agreement, Customer’s Membership Plan, and/or any order for any or no reason effective immediately upon written notice to Customer to the email address listed in the Customer’s Account profile. If at time of termination Customer has paid all Membership Fees and other applicable fees or charges that were due, Company will promptly return any FlyBox belonging to Customer along with the property stored therein. Customer may cancel its Membership Plan and terminate this Agreement and/or any order at any time by notice to Company provided by Customer through the Application or by providing written notice via email to support@flybox.com.  Such termination shall be effective at the end of the applicable Commitment Period and Customer may continue to use the services until the end of the Commitment Period. Notwithstanding any such cancellation or termination, if Customer has an outstanding balance, Customer agrees that the Company may charge Customer’s default payment method or process the balance of the applicable charge to Customer’s secondary payment method(s) until Customer’s payment has been successfully processed. The Company is not responsible for any fees charged by Customer’s bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, and the like.  No Membership Fee shall be prorated or refunded if the termination occurs prior to the end of a Commitment Period.  Upon termination of a Membership Plan, Customer may elect whether to return any FlyBox in its possession pursuant to the process set forth in the Application, or to such FlyBox(es) for the Final Purchase Fee set forth in Schedule A.
  • DEFAULT. The following events shall be deemed by Company to be events of default by Customer under this Agreement: (a) Customer fails to pay any Membership Fee or other fee due under this Agreement or (b) Customer fails to comply with any term, provision or covenant of this Agreement.
  • REMEDIES UPON EVENT OF DEFAULT. If an event of default shall occur and so long as such default shall be continuing, Company may, at any time thereafter at its election and as applicable: (i) deny Customer access to Customer’s property stored in the FlyBox at a Facility, (ii) immediately terminate this Agreement by giving notice to the email address listed in the Customer’s Account profile, (iii) to the extent permitted under applicable law, CHARGE CUSTOMER ALL EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY COMPANY THAT ARE CONNECTED WITH THE COLLECTION OF ANY AND ALL OUTSTANDING BALANCES OWED BY CUSTOMER, and/or (iv) pursue any other remedies provided for under this Agreement or at law or in equity. Company’s remedies, including its lien rights, are cumulative and any or all may be exercised instead of or in addition to each other or any other remedies available to Company at law or in equity.
  • LIEN & SALE OF CONTENTS. Customer’s property that is stored in a FlyBox at a Facility will be subject to a claim of lien and may even be sold to satisfy the lien if the Membership Fee or other charges due remain unpaid or upon any other event of default described above. CUSTOMER HEREBY GRANTS TO COMPANY A CONTRACTUAL LIEN UPON ALL PROPERTY, NOW OR AT ANY TIME HEREAFTER STORED IN THE FLYBOX OR AT THE FACILITY, TO SECURE THE PAYMENT OF ALL MEMBERSHIP FEES OR OTHER CHARGES PAYABLE UNDER THIS AGREEMENT. IN THE EVENT CUSTOMER IS IN DEFAULT UNDER THIS AGREEMENT, COMPANY MAY DENY ACCESS TO THE FLYBOX IF IN ITS POSSESSION AND ENFORCE ITS LIEN AGAINST ALL PROPERTY OF CUSTOMER STORED IN THE FLYBOX AT A FACILITY. COMPANY WILL NOTIFY CUSTOMER IF THE PROCEEDS FROM THE SALE OF THE PROPERTY EXCEEDS THE AMOUNTS OWED TO COMPANY AND THE AMOUNT OF ANY SUCH EXCESS PROCEEDS.  ANY SUCH EXCESS PROCEEDS SHALL BE PAID TO THE STATE TREASURER IF UNCLAIMED BY THE CUSTOMER AS PRESCRIBED BY APPLICABLE LAW. AS COMPANY HAS NO KNOWLEDGE OF THE CONTENTS STORED IN THE FLYBOX, CUSTOMER HEREBY WAIVES ANY OBLIGATION THAT COMPANY PROVIDE A DESCRIPTION OF THE PERSONAL PROPERTY IN CUSTOMER’S FLYBOX TO THE EXTENT REQUIRED BY APPLICABLE STATE LIEN LAWS.
  • CONDITION OF FLYBOX UPON TERMINATION; DAMAGE WAIVER. Upon termination of this Agreement for any reason, Company will return to Customer any FlyBox in its possession together with the property stored therein, unless such property is subject to Company’s lien rights pursuant to this Agreement. Customer agrees that any personal property left in the FlyBox after it is returned to Company shall be deemed abandoned by Customer, and with respect thereto, Customer authorizes Company to remove such property from the FlyBox and dispose of it in any commercially reasonable manner in Company’s sole discretion and without liability to Customer. Nothing herein shall be construed as imposing a duty upon Company to store or safeguard the Customer’s property in the FlyBox. While the FlyBox is not in Company’s possession, Customer, as owner of the FlyBox, accepts all responsibility for theft of or damage to the property stored in the FlyBox regardless of Customer’s fault or negligence, the fault or negligence of any other person or acts of God (e.g., fire, rain, wind, etc.).
  • GOVERNING LAW; JURISDICTION; CLASS ACTION:  EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR MASS ACTION PROCEDURAL DEVICE. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. If any provision of this Agreement shall be invalid or prohibited under Florida law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Subject to applicable law, Customer further agrees that Company will be notified of all claims no later than the earlier of fifteen (15) days from the initial discovery of the claim or default or fifteen (15) days following the expiration or termination of this Agreement and failure to do so will result in the forfeiture of Customer’s claim.
  • WAIVER OF JURY TRIAL.  EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR ANY OTHER THEORY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
  • ASSIGNMENT; SUCCESSION; THIRD PARTY BENEFICIARIES. Customer shall not assign this Agreement without the prior written consent of Company. Company may assign or transfer this Agreement without the consent of Customer and, after such assignment or transfer, Company shall be released from all obligations under this Agreement occurring after such assignment or transfer. All of the provisions of this Agreement shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and permitted assigns of the parties to this Agreement.
  • FORCE MAJEURE. Company shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.
  • COMMUNICATIONS. Customer consents that any phone call, other communications or online interactions with Company or its Agents may be monitored and recorded by Company with its service providers. By providing any cellular number(s) to Company, Customer authorizes Company or its Agents to contact Customer at such number(s) using any means, including an automated dialing system, leaving prerecorded messages or sending text messages, even if charges may be incurred, regarding matters relevant to Company services or Customer’s Account, including, without limitation, estimated time of arrivals and pickups of FlyBoxes, status of Customer’s contract, accounts payable, and any other operational or account matters. See the Posted Terms for additional information about Company’s communication and privacy practices.
  • CUSTOMERS IN MILITARY SERVICE.  A member of the uniformed services may be provided actual and necessary expenses of travel and transportation under specific circumstances per federal law, 37 U.S.C. § 452(a). It is Customer’s option to pursue such expense reimbursement, if any.  Furthermore, the federal Servicemembers Civil Relief Act (“SCRA”) may give Customer certain protections while Customer is in military service, and also may give Customer certain protections after Customer’s active duty termination date. Those protections may include protection against seizure, auction, or sale, of property and Customer’s obligations to pay.

The SCRA also may give Customer the right to delay legal proceedings in certain situations.  Customer may waive its SCRA protections in a separate waiver agreement.

  • SERVICE AGREEMENT UPDATES. Company may make changes to the terms and conditions of this Agreement including Schedule A from time to time by either making the updated agreement available through the Application or Company’s website, by email the updated agreement to the email address provided by Customer to Company, or by mailing the updated agreement to Customer’s last known address.  Customer’s continued use of the Application or the FlyBoxes, or Customer’s continued participation in the applicable Membership Plan, following any such change or amendment shall be deemed to represent Customer’s acknowledgment and agreement to such change or amendment.
  • ENTIRE AGREEMENT. This Agreement, including all other schedules, exhibits and documents specifically referenced in this Agreement, sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings.  No oral statements or promises from any Agent of the Company that conflict with this Agreement have any binding effect.
  • ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES. Using the Application or other online services we offer, sending emails, and completing online forms constitute electronic communications. Customer consents to receive communications from us through electronic means (e.g., email), and agrees that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or on the Application, satisfy any legal requirement that such communication be in writing.  CUSTOMER HEREBY AGREES THAT SIGNING UP FOR AN ACCOUNT CONSTITUTES AN ELECTRONIC SIGNATURE AND ACCEPTANCE OF THIS AGREEMENT, WHICH SHALL BE BINDING BETWEEN CUSTOMER AND COMPANY. Customer hereby waives any rights or requirements under any applicable laws which require an original signature or delivery or retention of non-electronic records.

Schedule A

Fees, Charges, Billing and Other Terms

In addition to other terms specifically defined elsewhere in this Agreement, where capitalized, the following words and phrases shall be defined as follows:

Membership Fees

Membership Plan:  A minimum of one FlyBox, $20 per month, for a minimum of three months.  $60 due with Initial Order (non-refundable), and with automatic renewal at each Commitment Period..

Add-On Orders:  Additional FlyBoxes will cost $20 per month for a minimum of three months, with $60 due up front (non-refundable) and automatic renewal at each Commitment Period.  After the initial Commitment Period, the fee owed by Customer will be pro-rated to align Billing Cycle Dates with the Membership Plan

Sales and Promotions:  In its sole discretion, FlyBox may elect to make available certain sales, promotions, or discounts to its Customers from time to time, subject to terms and conditions made available to Customer on the Company website or in the Application..

Fees and Charges; Packing Period

.

  • Packing Period: 5 days
  • Late Fee: $25 per FlyBox
  • Retrieval Fee: $10 for up to one Retrieval per quarter; $30 for each subsequent Retrieval per quarter
  • Excess Weight Fee: Minimum of $15 per FlyBox
  • Excess Mileage Fee: $10 per FlyBox
  • Excess Milage Distance: 500 miles
  • Monthly Storage Fee: $20 per FlyBox
  • Final Purchase Fee: $10 per FlyBox

Defined Terms:

  • Active FlyBox:
    • A FlyBox that is Paired on the Application.
  • Pending FlyBox
    • A FlyBox that is not Paired on the Application.  If a Customer in good standing cancels their Membership Plan, all of Customer’s Flyboxes are shifted to “Pending.”
  • Pairing:
    • When a Customer scans the QR Code on the Application for the first time and associates it with their Account.
    • Pairing will usually occur when new FlyBoxes are purchased online but can occur when a user re-activates a Pending FlyBox.
  • Initial Order:
    • When a Customer orders FlyBoxes at a point in time when they do not have any Active FlyBoxes.
  • Add-On Order:
    • A charge when a Customer orders FlyBoxes at a point in time when they have Active FlyBoxes.
  • Retrieval:
    • When Company ships a FlyBoxes back to a Customer from a Facility at Customer’s expense.  A shipment of a single FlyBox constitutes a Retrieval.
  • Excess Weight Fee:
    • Company may elect not to accept any FlyBoxes exceeding the permitted weight of 50 pounds.  In the event that Company accepts a FlyBox exceeding the permitted weight, an Excess Weight Fee of at least $15 per FlyBox associated with each shipment (to a Facility or from a Facility) shall be calculated by Company in its reasonable discretion and will be charged to Customer.
  • Excess Mileage Distance:
    • A charge when a user requests a Retrieval that is beyond a certain distance of the FlyBox’s last pick-up, as set forth in the “Fees and Charges” section above.