inCitySpace services are provided by, and you are contracting with Stonesquale Enterprises, LLC, d/b/a inCitySpace or ICS Virtual Office (hereinafter “inCitySpace”). By using inCitySpace services you (you are also referred to herein as “Client”) agree to the following terms and conditions.
This agreement (“Agreement”) commences upon the date of sign-up and receipt of the initial prepaid membership fees. By submitting payment online to inCitySpace, Client agrees to all terms and conditions outlined within this agreement.
For and in consideration of the payment of the membership dues and the performance of the covenants contained on the part of the Client, inCitySpace will provide Client with the services commensurate with the service plan selected by Client at signup.
Term and Cancellation: Membership plans are 6-month agreements if paid monthly, and 12-month agreements if paid in advance annually. Monthly membership agreements automatically renew after the initial 6-month term on a month-to-month basis and annual membership agreements renew automatically for another 12-month term. Client consents to renewal membership fees to be charged to the method of payment previously provided. Membership agreements can be cancelled by Client only with written notice prior to expiration of the current term. Notice must be sent via email to firstname.lastname@example.org, with the words “Account Cancellation” in the subject line, or in writing, sent U.S. First Class mail, postage prepaid, to: Attn: Membership Services, InCitySpace, 5608 17th NW, Seattle, WA 98107. inCitySpace may cancel Client’s account upon 30 days’ notice (sent to Client’s email address on file or in writing via First Class Mail to Client’s forwarding address) for any reason. If inCitySpace cancels a Client’s account due to a reason other than Client’s cancellation request or delinquency, inCitySpace will refund any pre-paid membership dues pro rata from the date of cancellation. With the exception of the Virtual Office refund policy below, no refunds are provided as a result of account cancellation requested by Client or due to delinquency.
Upon Cancellation, Client must update and remove their inCitySpace address from all marketing materials, and update its address with all senders of mail to the Client, all licensing and tax authorities, Google Business, and Client website. It is Client’s responsibility to update its address with all third parties. Mail addressed to Client within 60 days of cancellation will be held for pick-up at 5608 17th NW, Seattle, WA 98107, or forwarded upon request at current inCitySpace on-demand forwarding rates. Any mail addressed to Client received 60 days after cancellation will be returned to sender. inCitySpace may notify all local, state, and federal licensing departments that the business is no longer at the inCitySpace location as well as USPS. If inCitySpace has been appointed registered agent Client must immediately file an amended designation of registered agent, removing inCitySpace or ICS Virtual Office as its registered agent, with the Washington Secretary of State’s office. Client also authorizes inCitySpace to file a Resignation of Registered Agent form with the Washington Secretary of State immediately upon cancellation.
Non-Refundable Dues: Coworking, registered agent, and private shared office membership dues are non-refundable.
Virtual Office Refund Policy: Clients who have signed up for a virtual office membership plan will be refunded membership dues only under the following conditions: client provides notice of cancellation within 30 days from the date of sign-up; AND Client has not utilized any inCitySpace services prior to the cancellation notice. This policy applies only to Virtual Office membership plans. Coworking, private shared office plans, and registered agent plans are non-refundable.
Names Per Account: All Virtual Office membership plans allow up to two business names and two personal names in which we will receive and process mail, all of which must be identified on Client’s completed Application for Delivery of Mail Through Agent (US Postal Form 1583). Client understands that InCitySpace will not and cannot accept mail on behalf of client unless and until Client properly completes in duplicate an Application for Delivery of Mail Through Agent (US Postal Form 1583) in the presence of inCitySpace’s designated employee or a notary public. Client must also provide InCitySpace with two forms of identification, one of which must include a photograph. Client’s failure to properly complete US Postal Form 1583 will not relieve Client of its obligation to pay membership dues or entitle Client to a refund. In the event Client changes their forwarding address or business name, Client must complete a new Application for Delivery of Mail Through Agent (US Postal Form 1583). Additional names may be added to an account only with the written consent of InCitySpace, in their sole discretion and will be subject to additional fees or may require an additional membership plan.
Address Requirements: Client must use the exact mailing address, INCLUDING SUITE OR BOX NUMBER, without modification as assigned by inCitySpace. The United States Postal Service or inCitySpace may return mail without a proper address to the sender and such mail may be subject to additional handling fees (see below.) Delivery by commercial carrier services must be made to inCitySpace’s street address only and should not be addressed as a P.O. Box.
Delinquent Accounts & Late Fees: Accounts that are more than 30 days delinquent are subject to cancellation by inCitySpace. Once canceled renewal of membership is subject to inCitySpace’s sole discretion and will be at then-current membership rates and subject to a non-refundable one-time $100 administrative fee. inCitySpace may, in its sole discretion, refuse to enter into a new membership agreement, or to renew a membership agreement, for any reason. Delinquent membership dues bear interest at the rate of 12% per annum and are subject to all costs of collection, including reasonable attorney fees incurred, even if suit is not brought.
Mail Handling Fees and Pricing
Auto Forwarding/Scanning: Mail can be forwarded automatically once per week, bi-weekly, once per month, or On-Demand. Mail can be scanned to email once per week, bi-weekly, once per month, or On-Demand. Mail handling fees are subject to change. Mail handling fees are in addition to your base virtual office business address fee and may be billed according to your service plan or at the time a mail forwarding or scanning request is made. Client consents to these charges being billed to the payment method previously provided by Client. Pricing for our weekly, bi-weekly or monthly forwarding and scanning plans includes up to 10 items of small, medium, or large envelope “flat mail” as defined by the United States Postal Service forwarded via United States First Class Mail without tracking. Additional items of flat mail are $1/item forwarded or scanned to email. If customer selects a different delivery service level (Priority Mail, Overnight, etc.) additional charges apply which will vary depending on current market shipping rates and inCitySpace pricing. Odd sized or large items and package forwarding is subject to additional handling and shipping charges, which may change at any time.
Excessive Mail Long Term Storage Fee: For Clients who select a plan providing for Hold Mail for Pick-up / Storage Fee (pick-up only available at 5608 17th Ave Only) if Client permits over 30 items of mail or packages to accumulate for more than 30 days, their account will be subject to an additional $12/month long-term storage fee.
Mis-Addressed Mail Handling Fee: Client understands that it is imperative for Client to notify all senders of mail to Client of Client’s assigned suite or box number and to include the suite or box number assigned by inCitySpace wherever Client’s inCitySpace address is listed or provided. Mail received in Client’s name that omits the suite or box number or lists a suite or box number other than that assigned to Client by inCitySpace (“Misaddressed Mail”) may be returned to sender by the carrier or by inCitySpace and if not returned to sender is subject to an additional $5 handling fee per item of Misaddressed Mail. This fee may be charged by inCitySpace when it, in its sole discretion, determines that Client has chronically Misaddressed Mail.
Long Term Package Storage Fee: Packages not picked up within 60 days of notification will be subject to a storage fee of $5 per day per package until picked-up, which must be paid before Client receives the package.
Mail Handling & Disposition: inCitySpace may offer Client the option to open, scan, shred, or dispose of Client’s mail. If Client selects any of these options, Client hereby consents to and directs InCitySpace to open, scan, handle, and dispose of Client’s mail.
Service Pricing: inCitySpace markets our services at variable base rate pricing. Pricing is valid through the initial term, then subject to change following the initial term upon notice provided at least 30 days prior to the renewal term at InCitySpace’ sole discretion. Promotional pricing is not available to existing clients. Existing clients may not cancel their existing service to sign up at promotional rates, and are not eligible for promotional rates if their account has been delinquent at any time during their service agreement with InCitySpace. Client can request mail forwarding or scan to email anytime On-Demand when Client needs items sent or emailed to Client outside of your chosen mail handling schedule plan. Such items will be subject to the then-current on-demand scanning and forwarding rates charged by inCitySpace. Pricing can be changed at any time by inCitySpace.
Lawful Use. Client agrees and represents that Client will not use inCitySpace services for any unlawful, illegitimate, or fraudulent purpose, or for any purpose prohibited by U.S. postal regulations. Client further agrees that any use of inCitySpace services shall be in conformity with this Agreement and all applicable federal, state, and local laws, and the laws of any country or place in which Client does business. Each individual or entity must complete a separate United States Postal Service® Form 1583 (“Form 1583”) to be authorized to receive mail or packages at Mailbox.
Client Information. Copies of this Agreement, Client’s Form 1583, copies of Client’s identification, Client’s name, address, e-mail address, and telephone number, may be stored at inCitySpace and subject to audit by the United States Postal Service. inCitySpace will keep your information confidential, except that Form 1583 and your personal information may be disclosed to our vendors, employees, and agents, and upon written request of any law enforcement or other governmental agency, and when otherwise legally mandated. Upon request, Client agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. Client further agrees to sign a revised version of this Agreement and Form 1583 whenever any information required on this Agreement or Form 1583 changes.
Client Death or Incapacity. In the event of death or incapacity of Client, inCitySpace 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.
Membership Fees. Client agrees to pay:
An initial set-up fee (if applicable) (which may include a mailbox set-up fee, and other fees associated with opening a mailing address account with inCitySpace);
Any applicable monthly or annual membership fees;
All additional fees associated with any requests to forward or scan mail on-demand outside the Client’s membership plan;
All additional applicable mail handling fees.
Base service fees are all due and payable in advance if on an annual plan at the time of account creation, and monthly if on a monthly plan, and Client agrees that inCitySpace may withhold mail and packages from Client pending payment. Except as described in the above Virtual Office Refund Policy, there will be no pro-rations or refunds for cancellation of any service.
Mail Handling Options: After accepting a package or mail for Client under this Agreement, inCitySpace may notify Client of the receipt of the package via telephone, e-mail, text message, or Client’s online portal. Client may elect to (a) retrieve the package from an InCitySpace employee during business hours only at 5608 17th NW, Seattle, WA 98107 (“In Person Retrieval”), (b) have mail forwarded or scanned on-demand to the forwarding address or email address on file with inCitySpace subject to the terms and conditions set forth herein. For In-Person Retrieval, Client may be required to present a valid government issued photo identification each time Client picks up packages from inCitySpace. All package and mail pick-ups required online pick-up scheduling via the inCitySpace online portal. inCitySpace endeavors to notify Client of any mail received within one business day of receipt and to fulfill all on-demand forwarding and scanning requests within two business days of the request or sooner. A business day is considered Monday through Friday, with the exception of all federal holidays and days on which the United States Postal Service does not deliver mail. However, business circumstances, labor shortages, equipment breakdown or failure, power outages, inclement weather, strikes, lockouts, natural disasters, war, insurrection, riots, and any other force majeure event may make it impossible for notification within this time frame to occur. inCitySpace therefore cannot guarantee processing or delivery times and Client releases and discharges inCitySpace of all claims, causes of action, and liabilities related to delays in mail or package receipt and processing.
Excessive Mail and Packages. inCitySpace is a business office address and is not intended as, and shall not be used as, Client’s warehouse, or Client’s shipping, receiving, or returns department. In the event Client receives an unreasonable volume of mail or packages in excess of 100 packages or mail items per month at Mailbox, according to inCitySpace’s sole discretion, inCitySpace may require Client to upgrade to a different mail handling plan and pay any additional charge, or cancel Client’s account. inCitySpace reserves the right to increase membership service fees in the event that Client adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at Mailbox pursuant to Form 1583.
Unsolicited Mail. Client authorizes inCitySpace as Client’s mail receiving agent, to determine, using its best judgment, in its sole discretion, what constitutes unsolicited mail, and to open and/or dispose of all mail inCitySpace determines to be “Unsolicited Mail.” Mail addressed to “occupant,” “current resident,” or similar designation; or coupons, advertising, or other promotional material will be considered Unsolicited Mail.
Scanned Mail. inCitySpace offers a service whereby mail is opened and scanned to Client. If Client has elected a scanning service, Client hereby authorizes inCitySpace to open Client’s mail, scan the enclosed documents to Client, and to upload such documents to Client’s online portal or email such documents to Client if requested. inCitySpace cannot guarantee the security of emailed documents. Hard copies of scanned mail will be retained by inCitySpace for 30 days, at which time Client authorizes inCitySpace to dispose of the documents. InCitySpace will shred scanned mail at Client’s request, which may be subject to additional fees. Digital copies of client’s scanned mail will remain accessible on Client’s portal for up to six months, but after six months are subject to removal or deletion. Client understands that it is Client’s responsibility to download any scanned mail from Client’s portal that it wishes to retain. Client releases inCitySpace from all liability, claims, and causes of action in connection with the scanning, sending, storage, and deletion of Client’s mail pursuant to this Agreement. Client understands that it is not possible for inCitySpace to scan packages or bound materials such as books, booklets, pamphlets, etc. Customers on an automatic scanning membership plan may opt to have such non-scannable items held for pickup at 5608 17th NW, Seattle, WA 98107 or may elect to have such items forwarded by mail pursuant to inCitySpace’s then-current on-demand mail forwarding pricing.
Mail Received after Cancellation. Upon expiration, cancellation, or termination of this Agreement, Client authorizes inCitySpace to accept and destroy any Unsolicited Mail and to return all mail to sender received more than six months following expiration, cancellation or termination. Immediately upon expiration, cancellation or termination of this Agreement, inCitySpace may refuse any package addressed to Client delivered by any party.
Unclaimed Mail & Packages Following Cancellation or Termination: Any packages or mail at inCitySpace that remains unclaimed by Client for a period of six or more months following cancellation or termination of this Agreement become the sole property of inCitySpace. inCitySpace may open, destroy, donate, sell, or otherwise dispose of any of Client’s unclaimed mail or packages remaining at inCitySpace and Client releases any claim to such Unclaimed mail or packages and releases inCitySpace of all liability therefor. inCitySpace may charge Client the costs of destruction or disposition of Client’s unclaimed mail or packages. Client hereby waives any claim to such unclaimed items or the value therefor and releases inCitySpace from all liability in connection with its storage, handling, or disposition of unclaimed mail or packages.
International Shipments: Client authorizes inCitySpace to complete and file a Shipper’s Export Declaration as “agent” on behalf of Client as “principal party in interest” when necessary and to act on behalf of Client as Client’s true and lawful agent for purposes of any and all re-mailing, including any re-mailing that requires the filing of a Shipper’s Export Declaration by inCitySpace (i.e., any export transaction), in accordance with the laws and regulations of the United States. Client further agrees to provide inCitySpace with true, accurate, and complete information regarding the contents of any mail or packages to be re-mailed by inCitySpace, whether during the term of this Agreement or after termination or cancellation.
Other Client Actions that May Result in Termination or Cancellation by inCitySpace. Client agrees that inCitySpace may terminate or cancel this Agreement at any time, effective immediately by providing Client with written notice via email to Client’s email address on-file or by mail to Client’s forwarding address on file for any of the following reasons: 1) Client abandons Mailbox; 2) Client uses Mailbox for unlawful, illegitimate, or fraudulent purposes; 3) Client fails to pay monies owed inCitySpace when due; 4) Client receives an unreasonable volume of mail or packages; 5) Client engages in offensive, abusive, or disruptive behavior toward other customers of inCitySpace or inCitySpace employees; or 6) Client violates any provision of this Agreement. This is not an exclusive list of reasons that inCitySpace may cancel or terminate the Agreement, but the above actions constitute a material breach of this Agreement and will result in immediate termination.
Notice: Any written notice to Client required or permitted under this Agreement shall be deemed delivered twenty-four (24) hours after placement of such notice in Client’s inCitySpace mailbox or at the time sent by e-mail or personally delivered to Client. In the event of a termination notice based upon abandonment of Mailbox, notice shall be deemed delivered (a) on the next day after placing in the hands of a commercial carrier 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 pre-paid, and addressed to Client at Client’s address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.
Authorization for Mail Handling Activities. As Client’s authorized agent for receipt of mail, inCitySpace will accept all mail, including registered, insured, and certified items, and, if authorized on Form 1583, restricted mail (i.e., mail where the sender has paid a fee to direct delivery only to an individual addressee or addressee’s authorized agent). Unless prior arrangements have been made, inCitySpace shall only be obligated to accept mail or packages delivered by commercial carrier services, which require a signature from inCitySpace as a condition of delivery. Client must accept and sign for all mail and packages upon the request of inCitySpace. In the event Client refuses to accept any mail or package, or fails to pick up any mail or package within six months of notification to Client that the package has been received by inCitySpace, inCitySpace may return the mail or package to the sender and Client will be responsible for any postage or other fees associated with such return. If inCitySpace is unable to return a package to the shipper for any reason at all, including, but not limited to, inCitySpace’s inability to identify the shipper or a return address, Client authorizes inCitySpace to dispose of the package.
C.O.D.: C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to InCitySpace.
Registered Agent. If Client has signed up for a Registered Agent service, Client hereby authorizes inCitySpace to act as Client’s registered agent for service of process, and this authorization shall remain in effect for as long as this Agreement is in effect, or as long as required by state law, whichever is later. If Client signed up for the Registered Agent service, Client represents that it has on file an appropriate resolution appointing inCitySpace its registered agent in the State of Washington. inCitySpace agrees to follow its standard procedures for the timely placement of process serve received at inCitySpace into Client’s mailbox, and Client hereby releases and agrees to protect, indemnify, defend, and hold harmless inCitySpace from any and all liability that may arise at any time in connection with inCitySpace’s actions or status as Client’s registered agent for service of process. Clients who have not signed up for an inCitySpace service that includes Registered Agent service may not list inCitySpace or ICS Virtual Office as their Registered Agent with the Washington Secretary of State, or any other entity. Nor may clients who have not signed up for a service that includes Registered Agent service use their inCitySpace address as the address of their registered agent. If Client designates inCitySpace as its registered agent with the Washington Secretary of State or any other governmental body, Client consents to inCitySpace filing a Resignation of Registered Agent form with such government body or the Washington Secretary of State and agrees to pay an “Unauthorized Registered Agent” fee in the amount of $250, chargeable to Clients’ account.
Coworking and Private Shared Office Rules and Conditions. Coworking and private shared office Clients agree that their membership and use of inCitySpace’s premises is subject to the following terms and conditions and any other rules and regulations inCitySpace may promulgate at any time in its sole discretion:
inCitySpace’s premises may only be used for office purposes. No personal services, including but not limited to cooking, haircutting, massage, physical therapy, or personal training, may be performed at inCitySpace’s premises.
The viewing of pornographic, hate speech, or violent imagery or content is prohibited in inCitySpace common areas or shared offices and may result in immediate termination of this Agreement without refund. The determination of what constitutes “pornographic, hate speech, or violent imagery” shall be in inCitySpace’s sole discretion.
Any behavior that is discriminatory to any other inCitySpace customer or employee based on their race, disability, religious status or affiliation, nationality, gender, sex, gender identity, sexual orientation, or any other class of persons protected by local, state, or federal anti-discrimination laws, is prohibited and may result in the immediate termination of Client’s account without refund.
The creation of excessive noise, including the playing of music or video content without the use of headphones or the use of a speaker phone while in a coworking space, smoking, vaping, consumption of alcoholic beverages, use or possession of controlled substances, creation of disturbances, the harassment or unwanted physical or verbal contact with other inCitySpace customers or employees, or any conduct that is illegal, is strictly prohibited and will result in the immediate termination of this Agreement without refund.
Client agrees that Client has had an opportunity to inspect inCitySpace’s premises at 5608 17th NW, Seattle, WA 98107 and finds it suitable for their purposes. Client accepts inCitySpace’s premises in as-is condition.
Client acknowledges that they are not relying on any representations of inCitySpace as to the condition, safety, or security of its premises, or the appropriateness of the premises for Client’s needs. Client acknowledges that inCitySpace may make changes to the premises, including its furnishings and equipment at any time.
Client agrees that coworking and conference room space is available only during normal business hours on a first-come first-serve or reservation basis and there is no guaranty of space available on any given date or time. Use of coworking spaces are subject to maximum occupancy limits set by inCitySpace in its sole discretion, which limits may vary from day-to-day and time-to-time. Client understands that inCitySpace also may adjust its business hours without advance notice from time to time.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION [READ CAREFULLY]: Client hereby releases inCitySpace, and agrees to protect, indemnify, defend (with counsel of inCitySpace’s choosing), and hold harmless inCitySpace, and its respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, members, 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 inCitySpace services or inCitySpace premises, including without limitation, any demands, claims, and causes of action for personal injury or property damage arising from such use or possession, from failure of the United States Postal Service or any commercial carrier 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 Mailbox contents by any cause whatsoever, from inCitySpace’s obligations in connection with the collection or remission of sales, use, or any other taxes, including, but not limited to, inCitySpace’s failure to refund any amounts that have been collected or remitted, from any penalties, fines, or other liabilities that arise out of, or in connection with, inCitySpace’s actions or status as Client’s agent with respect to export transactions, or inCitySpace’s completion and filing of any Shipper’s Export Declaration on behalf of Client, and from any violation by Client of applicable federal, state, or local laws, or the laws of any foreign jurisdiction. In the event that InCitySpace submits or processes any sales, use, or other tax refund claim on behalf of Client, Client agrees to cooperate fully with Client, including, but not limited to, providing any and all information and documentation necessary to process or submit such a claim. CLIENT HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF CENTER, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PERFORMANCE HEREUNDER SHALL NOT EXCEED THE AMOUNT OF MEMBERSHIP FEES PAID BY CLIENT FOR ONE TERM.
Choice of Law, Jurisdiction, and Venue: Client agrees that this Agreement shall be enforced and interpreted according to the laws of the State of Washington. Client consents to the exclusive jurisdiction of the courts of the State of Washington concerning any dispute arising under this Agreement. Venue for any such dispute shall be exclusively in King County, Washington. If, and only if, a court of competent jurisdiction determines that suit must be brought in federal court, then the exclusive venue for such suit shall be the United States District Court for the Western District of Washington at Seattle.
Updated: November 3, 2022