Terms & Conditions

DWELL COWORKING LLC
MAILBOX SERVICE AGREEMENT (VIRTUAL OFFICE & MAIL)

This Mailbox Service Agreement ("Agreement") is made and entered into by the customer identified above ("Customer") for the use of and services related to a mailbox (the "Mailbox") at Dwell Coworking LLC, a Texas limited liability company, doing business as Dwell Coworking LLC (“Dwell Coworking LLC” or the “Company”). This Agreement is governed by the laws of Texas.

By purchasing or using mailbox or virtual office services (including through the Dwell Coworking website), Customer also agrees to be bound by the then-current Dwell Coworking Membership Agreement, Dwell Coworking Terms & Conditions, and Dwell Coworking Privacy Policy, each of which is incorporated by reference into this Agreement (collectively, the “Dwell Policies”).

Customer represents and warrants that Customer is at least 18 years of age and has the legal capacity and authority to enter into this Agreement and the Dwell Policies.

Incorporation of Other Policies
By agreeing to these terms, you confirm that you have reviewed the policies, rules, and agreements available at the links below, understand them, and agree to comply with them as legally binding.

Dwell Coworking Membership Agreement
https://www.dwellcoworking.com/membership-agreement

Dwell Coworking Terms & Conditions
https://www.dwellcoworking.com/terms-conditions

Dwell Coworking Privacy Policy
https://www.dwellcoworking.com/privacy-policy

1. Use of Mailbox; Compliance with Law and Policies

Customer agrees that Customer will not use Dwell Coworking LLC premises or any Dwell Coworking LLC services for any unlawful, illegitimate, or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. The Customer further agrees that any use of the Mailbox shall be in conformity with all applicable federal, state, and local laws.

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 the Mailbox. Spouses may complete one Form 1583, as long as both spouses include their separate information on the Form.

To the extent Customer accesses or uses any Dwell Coworking locations or other Company services in connection with the Mailbox (for example, coworking day passes bundled with virtual office services), Customer shall also comply with all policies, procedures, and rules applicable to Dwell Coworking locations, including the Membership Agreement and any location-specific rules.
Dwell Coworking

2. Confidentiality; Required Disclosures; Personal Data

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

Customer acknowledges that Dwell Coworking LLC may collect, process, use, store, and transfer personal data provided by Customer in connection with mailbox and virtual office services (including identification documents, contact details, and usage information) for purposes such as operating and administering the services, complying with legal obligations, managing accounts and billing, enforcing legal claims, and performing internal audit and security activities, in accordance with the Dwell Coworking Privacy Policy (https://www.dwellcoworking.com/privacy-policy).

For the purposes stated above, Dwell Coworking LLC may share such data with its personnel, advisors, contractors, service providers, and affiliates, subject to applicable law and the Dwell Policies.

3. Proof of Authorization; Death or Incapacity

Possession of the Mailbox username and password shall be considered valid evidence that the possessor is duly authorized to access and remove any contents from the Mailbox.

In the event of death or incapacity of the Customer, Dwell Coworking LLC will require appropriate documentation from the probate court, executor, trustee, or other similar representative before releasing mail or packages to any requesting party.

4. After Expiration, Cancellation, or Termination

Upon expiration, cancellation, or termination of this Agreement, Dwell Coworking LLC will:

a. Forwarding.
Re-mail (i.e., forward) Customer’s mail for six (6) months, provided Customer pays postage, packaging material, and forwarding fees in advance. Additionally, Customer must pay a monthly storage fee of $10.00 for month 1, and an amount to be determined for months 2 through 6, in advance, for the time period that mail is to be forwarded. It is Customer’s responsibility to make arrangements with Dwell Coworking LLC to identify any mail forwarding needs prior to expiration, cancellation, or termination.

b. Storage.
Store mail or packages for up to six (6) months provided Customer pays a storage fee of $20.00 per month for the period Dwell Coworking LLC holds the mail or package(s), plus a service fee (to be determined) for each time Customer visits to pick up such items. It is Customer’s responsibility to make arrangements with Dwell Coworking LLC to identify any mail storage needs prior to expiration, cancellation, or termination. Prices are subject to change at any time, effective thirty (30) days from notification of the price change.

c. If No Forwarding Arrangements.
Retain Customer’s mail, other than Unsolicited Mail, at the Center for a period of ten (10) days if Customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed, consistent with property-disposal rights described in the Membership Agreement for unclaimed property.
Dwell Coworking

d. Unsolicited Mail.
Discard or destroy any "Unsolicited Mail" (e.g., bulk mail; mail addressed as "occupant," "current resident" or similar designation; or coupons, advertising, or other promotional material) delivered to or remaining at Dwell Coworking LLC.

e. Third-Party Packages.
Refuse any package addressed to Customer and delivered by any party other than the U.S. Postal Service, such as a commercial courier service, unless otherwise agreed in writing.

5. Rights Upon Cancellation or Termination

Upon cancellation or termination of this Agreement, Dwell Coworking LLC may:

a. Refuse any mail or package addressed to Customer and delivered to Dwell Coworking LLC.

b. Discard or destroy any of Customer’s mail or packages delivered to or remaining at Dwell Coworking LLC at such time, subject to any applicable legal obligations.

6. Term; Renewals

The term of this Agreement shall be the initial period paid for by Customer and any renewal period paid for by Customer from time to time. Renewal of this Agreement for additional terms shall be at Dwell Coworking LLC’s sole discretion.

If Customer purchases mailbox or virtual office services through the Dwell Coworking website on a recurring basis, Customer’s subscription, billing, and cancellation rights will also be governed by the Membership Agreement (https://www.dwellcoworking.com/membership-agreement) and Terms & Conditions (https://www.dwellcoworking.com/terms-conditions), including any provisions stating that billed membership fees are non-refundable and that cancellation must be made pursuant to the specified notice periods.


7. Termination for Good Cause

Customer agrees that Dwell Coworking LLC may terminate or cancel this Agreement for good cause at any time by providing Customer thirty (30) days’ written notice. Good cause includes, but is not limited to:

a. Customer abandons the Mailbox;
b. Customer uses the Mailbox for unlawful, illegitimate, or fraudulent purposes;
c. Customer fails to pay monies owed when due;
d. Customer receives an unreasonable volume of mail or packages;
e. Customer engages in offensive, abusive, or disruptive behavior toward other customers or employees of Dwell Coworking LLC;
f. Customer violates any provision of this Agreement or any of the Dwell Policies; or
g. Customer’s conduct would justify termination under the Membership Agreement or relevant location-specific rules.

For purposes of determining good cause, the actions of any person authorized by Customer to use the Mailbox will be attributed to Customer.

8. Notices

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 Customer’s Mailbox or at the time personally delivered to Customer.

In the event of a termination notice based upon abandonment of the Mailbox, the notice shall be deemed delivered (a) on the next day after placing it with a commercial courier service or the U.S. Postal Service for next-day delivery, or (b) five (5) days after placement in the U.S. Mail by Certified Mail, Return Receipt Requested, postage prepaid, addressed to Customer at Customer's address set forth in Form 1583, or on the date of actual receipt, whichever is earlier.

Notices to Dwell Coworking LLC under this Agreement may be sent to:

Dwell Coworking, LLC
9901 Brodie Lane, Suite 160-597
Austin, TX 78748

or to such other address as Dwell Coworking LLC may designate from time to time in writing or on its Website.
Dwell Coworking

9. Acceptance of Mail; Packages; Storage Fees

As Customer’s authorized agent for receipt of mail, Dwell Coworking LLC will accept all mail, including registered, insured, and certified items. Unless prior arrangements have been made, Dwell Coworking LLC shall only be obligated to accept mail or packages delivered by commercial courier services that require a signature from Dwell Coworking LLC as a condition of delivery.

Customer must accept and sign for all mail and packages upon request. Packages not picked up within three (3) days of notification will be subject to a storage fee of $5.00 per day per package, payable before Customer receives the package.

If Customer refuses to accept any mail or package, Dwell Coworking LLC may return the item to the sender, and Customer will be responsible for any postage or other fees associated with the return. C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to Dwell Coworking LLC.

Customer is strongly encouraged to carry insurance for Customer’s own property and contents; Dwell Coworking LLC’s insurance, if any, does not cover Customer’s mail, packages, or personal property.
Dwell Coworking

10. Indemnification

Customer agrees to protect, indemnify, defend, and hold harmless Dwell Coworking LLC, and its affiliates, subsidiaries, parent entities, 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 Customer’s use or possession of the Mailbox or related services, including without limitation:

a. personal injury or property damage arising from such use or possession;
b. failures or delays by the U.S. Postal Service or any courier service in delivering items;
c. damage to or loss of any mail, packages, or Mailbox contents; and
d. any violation by Customer of applicable law or the Dwell Policies;

If Customer brings a claim or lawsuit contrary to the terms of this Agreement or the Dwell Policies and such claim is unsuccessful, Customer agrees to reimburse Dwell Coworking LLC for its reasonable attorneys’ fees and costs incurred in defending such claim.

11. Limitation of Liability

Customer HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF Dwell Coworking LLC, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE MAILBOX SERVICES SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF:

THE TOTAL FEES PAID BY CUSTOMER TO DWELL COWORKING LLC FOR MAILBOX SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

ONE HUNDRED DOLLARS ($100.00);

IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF THE NATURE OF THE CLAIM.

IN NO EVENT SHALL DWELL COWORKING LLC OR ITS SUBSIDIARIES, OFFICERS, MEMBERS, MANAGERS, AFFILIATES, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION), HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Address Format

Customer must use the exact mailing address for the Mailbox, without modification, as set forth in Section 3 of Form 1583. The U.S. Postal Service may return mail without a proper address to the sender endorsed as "Undeliverable as Addressed."

13. Courier Deliveries; Identification

Delivery by commercial courier services must be made to Dwell Coworking LLC’s street address (not a U.S. Post Office P.O. Box). "P.O. Box" may be used only if it is part of the Customer's caller service address format as arranged through Dwell Coworking LLC.

Upon signing this Agreement, Customer shall provide two forms of valid identification, one of which includes a photograph.

This Agreement may not be amended or modified except in a writing signed by both parties (which may include electronic acceptance methods where permitted by the Company).

14. Inspection of Damaged or Questionable Items

Dwell Coworking LLC reserves the right to open and inspect any packages or mail which may arrive damaged or that may reasonably appear to present a risk to property, safety, or legal compliance.

15. Waiver of Certain Claims (Subject to Applicable Law)

By agreeing below, Customer acknowledges that Customer’s rights to bring certain types of claims may be limited by the limitation-of-liability, indemnification, waiver-of-claims, and dispute-resolution provisions of this Agreement and the Dwell Policies. To the fullest extent permitted by law, Customer agrees to pursue any disputes only as permitted by those provisions and not in any manner inconsistent with them.

Customer agrees to make every effort to comply with U.S. law and the laws of Texas, and to request clarification from Dwell Coworking LLC when needed.

16. Additional Indemnity

The Customer shall indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, agents, and employees from any and all claims, demands, losses, causes of action, damages, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to the Dwell Coworking LLC services under this Agreement, except as limited by Section 10 above and any mandatory legal protections.

17. Entire Agreement (Mailbox Services)

This Agreement, together with any accompanying appendices, duplicates, or copies, constitutes the entire agreement between the Parties with respect to the Mailbox and virtual office services and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties regarding those services.

For the avoidance of doubt, Customer’s use of other Dwell Coworking services (including coworking, private offices, meeting rooms, and events) remains subject to the Membership Agreement and other Dwell Policies, which together with this Agreement form the complete contractual framework between Customer and Dwell Coworking LLC.

18. Amendments and Updates

18.1 Dwell Coworking LLC may amend or update this Agreement and the Dwell Policies from time to time. Unless a different effective date is stated, amendments become effective when the updated version is posted on the Dwell Coworking website or otherwise made reasonably available to Customer.

18.2 For changes that materially affect Customer’s rights or obligations, Dwell Coworking LLC will provide notice by reasonable means (for example, by email, posting in the member portal, or other service-related communication), where practicable.

18.3 If Customer does not agree to an amendment, Customer may terminate this Agreement by providing notice to Dwell Coworking LLC and paying any amounts then due. Customer’s continued use of the mailbox or related services after an amendment becomes effective constitutes acceptance of the amended terms.

19. 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 to the maximum extent permitted by law. All remaining provisions shall remain in full force and effect for the duration of this Agreement.

20. Assignment

This Agreement shall not be assigned by Customer without the express written consent of Dwell Coworking LLC. Dwell Coworking LLC may assign this Agreement without Customer’s consent, including to affiliates or successors, as permitted under the Membership Agreement.

21. No Waiver

A failure or delay in exercising any right, power, or privilege under this Agreement will not operate as a waiver thereof, and a single or partial exercise of any right, power, or privilege will not preclude any subsequent or further exercise of that or any other right, power, or privilege.

22. Governing Law

This Agreement is governed by and construed in accordance with the laws of the U.S. State of Texas without reference to any principles of conflicts of laws that would cause the application of the laws of another jurisdiction.

23. CISG and International Law

The laws of Texas shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other international sales law in connection with this Agreement.

24. Venue

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 Texas, except to the extent the arbitration or dispute-resolution provisions of the Membership Agreement apply to Customer and are enforced under applicable law.

Each party hereby consents to the exclusive personal jurisdiction and venue of courts having jurisdiction in the State of Texas for actions not subject to binding arbitration.

25. Privacy; Communications; SMS Messaging

Customer acknowledges that Dwell Coworking LLC may collect and process personal data in connection with mailbox and virtual office services as described in the Dwell Coworking Privacy Policy, including data provided by Customer and data generated by Customer’s use of the services.

Where Customer provides a mobile phone number and agrees to receive text messages, Customer consents to receive service-related SMS messages (such as account notifications and customer care) from Dwell Coworking at the phone number provided. Message frequency may vary; message and data rates may apply. Customer may reply STOP to unsubscribe or HELP for assistance, or contact Dwell Coworking at the contact information listed in the Privacy Policy. Mobile opt-in information will not be shared with third parties for marketing purposes, in accordance with the Privacy Policy.
Dwell Coworking

By checking the box, you accept this Agreement and acknowledge that you have reviewed and agree to the Dwell Policies as of the date of acceptance.