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$1875/mo

For up to 25 boxes.

No matter how small your business is, the Small Business Program from File Keepers is the smart way to stay organized and maintain a clutter free work place. Get started today.

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Terms and Conditions

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY, SINCE YOUR USE OF ANY OF THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE ANY OF THE SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY FILE KEEPERS. APPLICABLE LOCAL (NON-U.S.) LAW MAY ALTER OR AFFECT THE RIGHTS OF EITHER PARTY UNDER THESE TERMS.

These Terms and Conditions are attached to and are a part of the Business Record Storage Agreement, (collectively, the “Agreement”) between File Keepers LLC (“Company”, “we”, “us”, “our”), at 6277 East Slauson Avenue and Customer (hereinafter “Customer, “you”, your”).  Customer and Company are sometimes collectively referred to as the “Parties.”

  1. Definitions.

Business Record(s)” means, without limitation, any hardcopy documents or electronic files provided by Customer, and the information and intellectual property related thereto, and electronic files resulting from the Services.
Customer Account Number” shall be provided to Customer upon establishment of the account.
Fees” means those fees set forth in this Agreement or in any authorized order form.
File Control Center(s)” means Company’s facilities located in Los Angeles County where Business Records are stored.
Services” means those services described in this Agreement or otherwise described in any order form.
Software Services” means those services provided through the Licensed Software made available by Company free of charge and accessible via the Internet.
Systems” means those computer systems operated by Company or a third party on Company’s behalf from which the Website or Software Services are hosted or otherwise made available to Customer.
“Terms of Use” shall mean those terms of use found at: http://filekeepers.com/about/terms-of-use, which are incorporated into this Agreement and which may be amended by Company at any time.
Website” means www.filekeepers.com website and any website with the Software Services.

  1. Obligations of Company.
    1. Services.  Company shall provide the Services as provided in this Agreement only.
    2. Customer Access to Business Records and Services.  The Customer Account Number applies to all Business Records and Services.  Provided Customer’s account is not delinquent, Company will deliver requested Business Records within a reasonable time period.  Customer, its authorized agent or employee, may access the Business Records at the File Control Center during regular business hours, with written authorization in accordance with Company’s procedures.  Such written authorization shall grant Customer’s authorized agent or employee the authority to order any and all Services or disposition of Business Records for the Customer’s account.
  2. Obligations of Customer.
    1.  Fees & Invoicing.
  3. Fees.  Customer shall pay the Fees, plus any applicable Taxes.  Company may modify the Fees or any other terms of this Agreement only upon at least thirty (30) days written notice to Customer prior to the end of the current Term.
  4. Invoicing.  Customer shall provide Company with a valid credit card for billing of the fees.  Storage Fees shall be billed and paid, in advance, for no less than three (3) months of storage.  Company shall send invoices for any service charges by email concurrently with charging the credit card on file.  Any unpaid Fees shall be subject to a service charge of fifteen dollars ($15.00) per invoice.  In addition, overdue Fees shall bear interest at ten percent (10%) per annum, or the highest rate permitted by law, whichever is less.
  5. General Lien for Fees.  Company shall have a general lien upon any Business Record(s) for all Fees or other charges due.
  6. Software License and Use of Website.
    1. Licensed Software.  Subject to this Agreement and the terms of any software license granted by a third party to Company, Company grants and Customer accepts a personal, limited, non-transferable and non-exclusive right and license to use business records inventory management software (the “Licensed Software”).  This license shall end when this Agreement expires or is otherwise terminated.
    2. Licensed Software Restrictions.  Customer shall:
  7. Allow only its own employees or agents to use or access the Licensed Software;
  8. NOT apply any procedure or process to the Licensed Software in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code for the Licensed Software or any algorithm, process, procedure or other information contained in the Licensed Software;
  9. NOT reproduce copy, assign or transfer the Licensed Software.
    1. Terms of Use.  The Terms of Use apply to the use of the Licensed Software.  Customer shall comply with the Terms of Use in all respects.
  10. Downtime and Service Suspensions.  Customer acknowledges that: (i) Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion of the Services for any reason, (“Service Suspension”).  Company shall have no liability whatsoever for any damage, liabilities, or loss (including any loss of data or loss of profits) that Customer may incur as a result of any Service Suspension.
  11. Term and Termination.
    1. Term.  As used throughout this Agreement, “Term” shall mean the period of time beginning on the date of Customer account activation (“Effective Date”) and ending upon the expiration of the Initial Term, a Renewal Term, or other termination of this Agreement, as applicable.  The Initial Term shall be for (a) three (3) months or (b) one (1) year, at Customer’s election from the Effective Date and this Agreement shall automatically renew for consecutive three (3) month periods or one (1) year period, as applicable (each such period a (“Renewal Term”), unless and until such time as either Party shall give notice of Termination without Cause.
    2. Termination without Cause.  Either Party may terminate the Term of this Agreement, by giving notice, not more than 60 days or less than 30 days prior to the end of the Initial Term (or any Renewal Term) of its intent to not renew this Agreement at the expiration of such Term.
    3. Termination for Cause by Customer.  In the event of a material default by Company, Customer at its option shall have the right to terminate this Agreement by written notice to the Company unless the Company remedies the default within sixty (60) calendar days after receipt of written notice from Customer of such material default.
    4. Company Termination/Suspension Rights.  Company may terminate this Agreement at any time, or terminate, suspend or block any Services at any time, upon Customer’s breach of this Agreement.
    5. Business Record Removal.  Upon any termination under subparagraphs 6.2 or 6.4, Customer shall remove any Business Records identified by Company before the earlier of (i) the end of the next succeeding storage month or (ii) the end of the Term (“Removal Deadline”).  If the Business Records are not removed before the Removal Deadline, Company may, at Company’s option, deliver the records to Customer, delete and/or destroy the Business Records, in all events, at Customer’s expense, including without limitation, all standard service rates and  monthly storage  fees.
    6. Effect of Termination.  Upon expiration of the Term or earlier termination, the Services will be immediately suspended.  Termination of this Agreement by either Party does not waive any breach of this Agreement, release either Party from any liability for breach of such Party’s obligations under this Agreement, or prejudice any other right or remedy that such Party may have at law or in equity.  Upon termination or expiration for any reason, all Fees due to Company shall be immediately due and payable.
    7. Surviving Provisions and Duties.  All terms and obligations of this Agreement which by their nature should survive termination or expiration of this Agreement, shall remain in effect after termination or expiration hereof, including without limitation, the terms and obligations set forth in the following sections and subsections of this Agreement: 3.1, 6, 7, 8, and 9.
  12. Warranties and Disclaimers.
    1. Customer Warranties.  Customer represents and warrants that Customer:
  13. Is the sole and exclusive owner, legal custodian or licensee of the Business Records and has the authority to provide Company with such Business Records in accordance with the terms hereof.
  14. The Business Records have no commercial value and no value of any kind or nature except as waste paper or waste media products, to any person or persons.
  15. The Business Records are not inherently dangerous, illegal, flammable, explosive, toxic or otherwise likely to damage Company’s premises, the contents thereof or persons thereon.
    1. Warranty Disclaimer.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  COMPANY DOES NOT MAKE AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL WARRANTIES, GUARANTEES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
  16. Indemnification.
    1. Customer agrees to indemnify, defend and hold harmless Company and its affiliates, subsidiaries, and permitted successors and assigns, and the officers, directors, employees, and agents of the Company, and its affiliates, subsidiaries, and permitted successors and assigns (all of whom, individually and collectively, the “Indemnitee”), from and against any and all actual or threatened claims, losses, demands, liabilities, damages, settlements, fines, penalties, expenses and costs (including without limitation reasonable attorneys’ fees and costs), arising from, or in connection with this Agreement.  All such claims, demands, etc., shall be referred to in this paragraph by the term “Claim” or “Claims.”
    2. Customer shall pay for the defense of the Indemnitee against the entire Claim by legal counsel reasonably approved by Indemnitee.  In the event that Customer does not unconditionally and immediately indemnify the Indemnitee with respect to any Claim, the Indemnitee shall have the right to adjudicate or settle any such Claim in its sole discretion and at Customer’s sole expense.
    3. Customer shall not be obligated to indemnify Indemnitee for Claims arising from Indemnitee’s gross negligence or willful misconduct.
    4. Customer shall not enter into a settlement of or compromise any Claim without Indemnitee’s prior written consent.
  17. Limitation of Liability.
    1. Company shall not be liable for any loss, damage or delay in Services or to Business Records unless such loss, damage or delay is caused by Company’s gross negligence or willful misconduct.
    2. In no event shall Company be liable for indirect, consequential, exemplary, punitive, multiple, incidental or special damages, however caused, whether in contract, tort, statute or any other theory of liability, even if Company has been advised of the possibility of such damages.
    3. Company’s published price schedule for Business Record Retention Services (see Exhibit A) is based upon the value of the retained Business Records as declared herein by Customer, regardless of the actual value, whether known or unknown to Company.  Unless otherwise expressly provided, Customer’s declared value for the Business Records is THREE CENTS (3¢) PER POUND.  In no event shall Company’s aggregate liability, to the Customer arising out of or related to this Agreement or otherwise, whether in contract, tort, statute or any other theory of liability, exceed the declared value of retained Business Records.  For purposes of this Agreement to determine said value, an average weight of the Business Records shall govern and it is agreed that such average weight shall be computed on the following basis:  Standard File Containers, 15″ x 12″ x 10″ at thirty (30) pounds each container.

Customer agrees and acknowledges that the foregoing limitations of liability are an essential and bargained-for part of this Agreement and are essential factors in establishing the fees with respect to this Agreement.

  1. Timeliness of Claims.  Any and all claims for loss, damage or delay with respect to Business Records are waived, relinquished and discharged unless made within the earliest to occur of (i) thirty (30) days after the Business Records are delivered to Customer; or (ii) thirty (30) days after Company notifies Customer that a requested delivery of Business Records cannot be made or that Business Records have been lost, damaged or destroyed; or (iii) sixty (60) days after the date of any Customer request for delivery which Company has not satisfied.
  1. General Provisions.
    1. Waiver.  No failure or delay by either Party in exercising any right under this Agreement shall constitute a waiver of such right.
    2. Severability.  If any provision of this Agreement is determined to be illegal or unenforceable by any court or arbitrator of competent jurisdiction, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
    3. No Benefit to Others.  It is not the intention of this Agreement or of the Parties hereto to confer a third party beneficiary right of action upon any third party or entity.  This Agreement shall be binding and inure to the benefit of the heirs, executors, administrators, successors and permitted assigns of the Customer and the Company.
    4. Dispute Resolution.  Any and all disputes arising out of or in connection with the subject matter of this agreement and any and all actions to enforce or interpret this Agreement or any of the terms hereof, including the determination of the scope or applicability of this agreement to arbitrate shall be submitted to binding arbitration before JAMS in Los Angeles, California, under its Comprehensive Arbitration Rules.  (JAMS Expedited Procedures shall not apply.)  The proceedings shall be conducted before a single arbitrator.  The losing party shall also pay all arbitration fees and arbitrator compensation and the arbitrator shall not allocate such fees or compensation.  Notwithstanding the foregoing, an Indemnitee shall be free at all times to seek any and all available legal or equitable provisional remedies from any court of competent jurisdiction.  Further, nothing herein shall be deemed to restrict or in any way limit any of Company’s or Indemnitee’s applicable rights to exercise its “self-help” rights.
    5. Recovery of Fees and Legal Costs.  In the event of any arbitration or action arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, the prevailing Party shall be awarded, in addition to any other relief, its reasonable attorney fees and legal costs.
    6. Applicable Law, Jurisdiction and Forum Selection.  This Agreement and its interpretation shall be governed by the law of the State of California, including its substantive law of contracts, without regard to conflicts of law provisions.
    7. Entire Agreement; Amendments.  This Business Record Retention and Services Agreement, and all exhibits and order forms related hereto constitute the entire agreement between the Parties concerning the subject matter of this Agreement.  This Agreement may not be modified, amended or supplemented except by a writing signed by Customer and Company.  All order forms and the Terms of Use are incorporated into and made part of this Agreement.
    8. Communications and Notices.  All notices shall be in writing and delivered personally, properly mailed via certified or registered mail, return receipt requested, sent by facsimile transmission, email or sent by nationally-recognized, private industry express courier service, to the addresses of the Parties set forth at the beginning of this Agreement.
    9. Headers and Titles.  Headers and titles to the various sections and subsections of this Agreement are intended for the convenience of the reader and shall not have control over nor limit the actual text of a given section or subsection.
    10. Execution and Counterparts.  The Parties agree that  Customers electronic authorization via the Internet  shall  serve to bind Customer  and shall constitute Customer’s execution  and delivery of this Agreement  upon the terms and conditions as outlined herein An electronic authorization  shall be deemed to be a valid and binding original signature.
    1. Taxes.  The Fees shall not be deemed to include, and Customer will be responsible for, all taxes, duties or other governmental charges (collectively “taxes”) levied against or imposed upon Company as a result of the provision of Services or any activities associated with or otherwise arising out of this Agreement.

Business Record Storage Agreement

Customer agrees to store boxes of business records with FILE KEEPERS for minimum term of 3 (three) months, subject to all the terms and conditions set forth in this schedule and the attached Terms and Conditions. The below storage and service rates quoted will apply during the Initial Term.

 


Exhibit A – Services and Fees Description

Fees

FILE STORAGE SERVICES:  Company shall store files in containers at the File Control Center.

Up to 25 Standard Size Boxes (10” x 12” x 15”) 

$18.75/month1

ADDITIONAL SERVICES:

Destruction/Shredding (Pick-up charges apply if boxes are not in storage)

$2.95/box

DELIVERY/PICK-UP – Regular Business Hours:  Monday-Friday 8:00am-5:00pm:

Regular Delivery/Pick Up2 (up to 10 items)

$19.95

Each Additional Box Delivered or Picked Up

$2.00/box

Rush Delivery – Same Day3

$49.95

MATERIALS/DELIVERY:

Standard Size Boxes (10″ x 12″ x 15″)4 (Delivery charges apply to boxes)

$3.00 each

ADDITIONAL BENEFITS:

  1. Includes free pick-up on initial account setup.
  2. For a pick-up of 25 or more new boxes, the pick-up charge is waived.
  3. Must request same day delivery by 12pm. Max of 10 boxes. Does not include transportation fee of $19.95.
  4. Sign up for a 1-year pre-paid contract and receive complimentary boxes for your new inventory. Initial account setup only.

Other Services Available:  Shredding (Onsite/Offsite) – Scan On Demand – Document Imaging
Hard Drive Destruction – Climate Controlled Storage
Quotes Available Upon Request

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