Terms and Conditions

The following is the agreement between You and Abernethy & Richie Inc. concerning Your 21st Century Office^TM to which, by submitting the forgoing Agreement Form, you are binding yourself.

1. 21st Century Office^TMAbernethy & Richie shall provide the following services depending on the selection you make on the form you submit to us.:

PACKAGE 1 ($175 per month)       A Manhattan mailing address and a shared fax number;  Mail and fax services; 3 hours of small or large conference room use per month. and discount rates for further use;  STANDARD Telephone Services

PACKAGE 2 ($195 per month)       A Manhattan mailing address and a shared fax number;  Mail and fax services; 3 hours of small or large conference room use per month. and discount rates for further use;  PREMIUM Telephone Services

Combination of Virtual Presence and 3 hours Conference Room Use Per Month

PACKAGE 3 ($169.95 per month or, if you qualify for the small, new or non-profit discount $139.95 per month)   A Manhattan mailing address and a shared fax number;  Mail and fax services; 3 hours of LARGE conference room use per month. and discount rates for further use.

PACKAGE 4 ($139.95 per month or, if you qualify for the small, new or non-profit discount, $119.95 per month)   A Manhattan mailing address and a shared fax number;  Mail and fax services; 3 hours of SMALL conference room use per month. and discount rates for further use; 

Combination of Virtual Presence and Your Guarantee of Conference Room Use Per Month

PACKAGE 5 ($449.95 per month or, if you qualify for the small, new or non-profit discount, $419.95 per month)   A Manhattan mailing address and a shared fax number;  Mail and fax services; $400 of conference room use per month. and discount rates for further use.

PACKAGE 6 ($359.95 per month or, if you qualify for the small, new or non-profit discount, $329.95 per month)   A Manhattan mailing address and a shared fax number;  Mail and fax services; $300 of conference room use per month. and discount rates for further use.

PACKAGE 7 ($269.95 per month or, if you qualify for the small, new or non-profit discount, $229.95 per month)   A Manhattan mailing address and a shared fax number;  Mail and fax services; $200 of conference room use per month. and discount rates for further use.

 The fee for the first partial month of the term shall be prorated based on the actual number of days in that month.  The Monthly Fee and fees noted on Exhibit A may be changed upon notice given not less than 60 days  prior to the end of the then current term, which changes shall be effective as of the first day of the next term. Telephone Services will be suspended if payment is not received by the 4^th day of the month and terminated 20 days later. If payment is not received.

2. Use of the New York City Virtual Presence. You agree to use the services provided to You hereunder (i) only under the name You indicated above or such other names to which Abernethy & Richie has consented in writing and (ii) only in connection with lawful activities that do not compete with any of the services described herein (whether or not You have elected to receive such services) and (iii) only in accordance with Abernethy & Richie’s then current house rules applicable to the Premises (i.e., Abernethy & Richie’s address indicated above).  You agree not to do, and to prevent any of your employees, agents, licensees, guests or invitees or any person acting on Your behalf or at your direction from doing, anything that interferes with the use of the Premises, and the building of which they are a part (the “Building”),  by Abernethy & Richie or others, that causes any nuisance or annoyance, that increases the insurance premiums that Abernethy & Richie is required to pay, or that causes any loss or damage to Abernethy & Richie or the owner of any interest in the Building.

3. Term of Agreement and Fees. The term of this Agreement shall commence on the date specified above. The term of this Agreement shall end on the last day of the 12^th full month following that date.  The term shall be extended, without further act or action by either of us, for additional terms of equal length unless notice not to extend is given by either of us to the other not less than 30 days  prior to the end of the then current term. 

4. Fee Billing. Fees due under this Agreement may be charged to Your credit card, or may be billed to You via mail, e-mail or fax, as determined by Abernethy & Richie from time to time. If fees are billed (rather than charged to a credit card ), they are due within 30 days of billing. Fees will be charged or billed monthly. Interest shall accrue on any fees not paid when due at the rate of 18% per annum or, if lower, the highest rate permitted by applicable law.  You hereby authorize Abernethy & Richie to charge the credit card indicated, without your signature, for charges relating to your New York City Virtual Presence. You shall assure that such credit card, or a replacement card of which Abernethy & Richie is notified in writing with all appropriate details, shall remain in good standing with the issuer at all times for amounts at least equal to fees payable hereunder. .Telephone Services will be suspended if payment is not received by the 4^th day of the month and terminated 20 days later if payment is not received.

5. Termination and Suspension

Abernethy & Richie may terminate this Agreement upon notice upon any breach by You of any term of section 2 hereof and may suspend services hereunder during any period which fees, charges or other moneys are due from You and unpaid.  Any such suspension shall not limit Your obligation to continue to pay fees hereunder.  Neither termination nor suspension shall relieve You of Your obligation to pay any unpaid fees or charges or other monies owing, including any moneys payable then or thereafter under section 6.

6. Indemnities and Limitations of Liability

You agree to indemnify and hold Abernethy & Richie harmless in respect of all liability, claims, damages, losses and expenses except to the extent You establish they are caused by any act or failure by any person other than You, your employees, agents, licensees, guests or invitees or any person acting on your behalf or at your direction. In addition You will also pay to Abernethy & Richie, upon demand, costs, including reasonable legal fees and disbursements which Abernethy & Richie may incur in connection with the foregoing.

Abernethy & Richie shall not be liable to You for any loss by reason of any act of God (which shall include but not be limited in any manner to, political unrest, labor disputes, mechanical failures, condemnation or other act or event that may be regarded as a Force Majeur ) or any act of any third party (whether on or off the premises of Abernethy & Richie at 305 Madison Avenue (the “Premises”)), or any termination, limitation or alternation of Abernethy & Richie’s interest in the Premises.  Abernethy & Richie’s total liability to You by reason of any act, action or failure to act hereunder by it shall not exceed, in the aggregate, $1,000 or, if less, the total of the Monthly Fees paid to date during the then current term of this Agreement

7. Notices  All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered by hand or upon the fifth day following mailing, which shall be by certified or registered mail, with first‑class postage paid, to the respective addresses first written above, Attention: Department 162, in the case of Abernethy & Richie, or to such other person and place as either of us shall furnish to the other  in writing. This Agreement shall be governed by the laws of the State of New York.

Exhibit A  Details Regarding Services

1. Details regarding Conference Room Services.
Your 21st Century Office includes 3 hours of complimentary conference room use per calendar month, subject to availability.  These hours must be used at one time between the hours of 8 AM to 12:45 PM or 1:15 PM to 6PM.  Unused hours in any one month may not be carried over to other months.  Subsequent or other use of the of the conference rooms are subject to availability at the following discounted rates.

* Three hour minimum reservation required for this rate.  The rate is also available for lesser amounts of time (whole hours only) if available and reservations are made not more than 24 hours in advance.
Reservations may be canceled without charge if notice is given at least 5 business days prior to the date reserved (in the case of multiple dates being reserved, each date will be regarded as a separate reservation for this purpose). If no cancellation is received by Abernethy & Richie on or before that date, You will be charged for the room even if You do not in fact use it, UNLESS the room is used by another person, in which case You will be credited in full for any room charges received by Abernethy & Richie by reason of such use.
Availability of conference rooms is subject to prior reservations.

2. Details regarding Mail Services
Incoming mail shall be addressed as follows: [Your name], 305 Madison Avenue, Suite 449, New York, NY 10165
Mail will be forwarded by first class mail to You at cost at such frequencies as you specify. Overnight service is available at $1.50 plus costs. If you so request mail will be read to You over the telephone at a charge of $1.50 per page read. Forwarding of items other than by first class mail or overnight means may require an additional charge per item forwarded.
If You so request, You will be notified by telephone of receipt of specific item(s) of mail at a charge of $1.00 per notification, i.e., per item of mail, provided, however, Abernethy & Richie shall not be liable to You for failure to provide any such notice, or the failure to provide it in a timely fashion.
Receipt of oversized packages, that is any package larger than a 9"x 14" envelope or weighing more than one pound, shall be subject to a surcharge of not less than $1.00 per item for receipt of that item and a surcharge of not less than $1.00 per item for forwarding.

3. Details regarding Fax Services
Outgoing faxes to anywhere in the continental US shall be billed to You at $1.00 per page. All other outgoing faxes will be billed according to destination.
Incoming faxes will be forwarded with mail to You or, if you so direct, forwarded to another fax number (at the outgoing fax rates). If You shall so direct, incoming faxes shall be read to You over the telephone at a charge of $1.50 per page read. If You shall so direct, You will be notified by telephone of receipt of specified fax(es) at a charge of $1.00 per notification, i.e., per fax, provided, however, Abernethy & Richie shall not be liable to You for failure to provide any such notice, or the failure to provide it in a timely fashion.

4. Details regarding Telephone Services

Standard Telephone Services include a live operator answering your up to 100 calls per month in your name and taking a message (and not merely turning the caller over to a voice mailbox) from 9:00 AM to 5:00PM Monday through Friday.
Premium Telephone Services are the same as level one, except they are available 24 hours a day, 7 days a week.  Level Two Telephone Services are  $20.00 (plus tax) per month.
Live operator messages taken in excess of 100 are billed at 40 cents (plus tax) each.  Voicemail messages taken in excess of 150 are billed at $ .15 (plus tax) each.
Telephone Services will be suspended if payment is not received by the 4^th day of the month and terminated 20 days later. If payment is not received.