RECORDS RETENTION RECEIPT
AND TERMS AND CONDITIONS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ENGAGING REEBIE DATABANK (“RDB”) TO PERFORM THE RECORD RETENTION SERVICES IDENTIFIED ON THE ATTACHED RBD INVOICE, DEPOSITOR AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS RBD AND DEPOSITOR HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions These Terms and Conditions constitute a binding contract between RBD and Depositor and are referred to as either “Terms and Conditions” or this “Agreement.” Depositor accepts these Terms and Conditions, by engaging RBD to accept for storage and to service under its management such record material (deposits) as requested by Depositor, subject to these Terms and Conditions of Service. This is a legally binding contract between RDB and Depositor (“Agreement”). Depositor agrees to pay RDB for its services according to RDB’s current rate schedule or any revisions thereto.
Storage and Charges. All charges for storage are based on a monthly period. Storage charges become payable upon the date that RDB accepts care, custody, and control of said material.
Minimum Charges. A minimum handling charge and a minimum monthly storage charge will be made by RDB and paid by Depositor.
Duration. This Agreement shall commence on the date listed and shall automatically be renewed for successive months at storage and service rates in effect at the time of renewal or otherwise negotiated by the parties hereto. Either party may cancel this Agreement by giving the other party at least thirty (30) days advance written notice of its election to cancel.
Changes to the Agreement. RDB reserves the right to modify this Agreement in any manner and at any time as RDB may determine in its sole and absolute discretion. RDB will post the most current version of the Agreement at [website], which shall be effective thirty (30) days after posting. If RDB makes material modifications to the services, RDB will notify Depositor, and such changes shall take effect thirty (30) days following notice to Depositor. If Depositor does not accept the changes, Depositor must stop using the services and cancel Depositor’s account within thirty (30) days of the notice of such material changes. Depositor’s continued use of the services more than thirty (30) days after RDB publishes or sends a notice about its changes to this Agreement means that Depositor has consented to the updated terms.
STANDARD MAXIMUM VALUATION OF DEPOSITS. DEPOSITOR DECLARES, FOR THE PURPOSES OF THIS AGREEMENT, THAT WITH RESPECT TO HARD-COPY (PAPER) RECORDS, MICROFILM, AND MICROFICHE STORED OR PROCESSED PURSUANT TO THIS AGREEMENT, THE VALUE OF SUCH ITEMS IS $1.00 PER CARTON, CONTAINER, OR OTHER STORAGE UNIT. DEPOSITS ARE NOT INSURED BY RDB AGAINST LOSS OR DAMAGE, HOWEVER CAUSED. DEPOSITOR MAY INSURE DEPOSITS THROUGH THIRD-PARTY INSURERS FOR ANY AMOUNT, INCLUDING AMOUNTS IN EXCESS OF THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT. DEPOSITOR SHALL CAUSE HIS/HER INSURERS OF DEPOSITS TO WAIVE ANY RIGHT OF SUBROGATION AGAINST RDB.
Acknowledgement of Receipt. Depositor hereby acknowledges receiving a copy of this Receipt and Agreement and has read its terms and conditions printed here on, including the reverse side. This Agreement constitutes the entire understanding of the parties and supersedes all prior commitments and understandings with respect to RDB services.
ADDITIONAL TERMS AND CONDITIONS
(a) Record material and information contained in said record material shall be delivered only to Depositor, Depositor’s agent or employee of the Depositor if said person or persons have access authority in writing signed by Depositor and only upon the payment of all charges. Access authority shall represent full authority to order any service for or removal of the Depositor’s record material. Such order shall be given in person, by telephone, or in writing. Depositor agrees that delivery by any public messenger selected either by RDB or Depositor shall constitute delivery to Depositor.
(b) When record material are ordered out, a reasonable time shall be given to RDB to carry out said instructions and if it is unable, to do so because of acts of God or public enemy, seizure or legal process, strikes, lockouts, riots, and civil commotions, or other reason beyond RDB control or because of loss or destruction of goods for which RDB is not liable, or because of any other excuse provided by law, RDB shall not be liable for failure to carry out such instructions and record material remaining in storage shall continue to be subject to regular storage charge.
(a) RDB shall not be liable for any loss or injury to record material, however caused, unless such loss or injury resulted from the failure by RDB to exercise such care in regard to said record material as a reasonably careful man would exercise under like circumstances and RDB is not liable for damages which could not have been avoided by the exercise of such care.
(b) Goods are not insured by RDB against loss or injury, however caused.
(c) In no event shall either party be liable for any consequential, incidental, special, or punitive damages, or for loss of profits or loss of data, regardless of whether an action is brought in tort, contract or under any other theory.