
BIGGABOX SERVICE AGREEMENT
This Agreement ("Agreement") is entered into by and between Biggabed, Inc. ("Biggabox," "We," "Us," or "Our") and the Customer ("Customer," "You," or "Your"). Biggabox provides specialized storage, moving, and logistics services tailored primarily for students, facilitated via designated websites and digital platforms. By utilizing or engaging with Biggabox’s services in any capacity, You explicitly agree to be legally bound by the entirety of these terms and conditions as outlined herein.
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1. DEFINITIONS
1.1. Biggabox Defined: Includes Biggabed, Inc., its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, representatives, and contractors.
1.2. Customer Defined: Any individual or entity, including authorized representatives, who registers for, uses, or otherwise engages with Biggabox’s services.
1.3. Pickup: The scheduled process whereby Biggabox collects Items from a Customer-designated location.
1.4. Drop-off: The coordinated delivery or return of stored Items to the Customer’s specified location.
1.5. Items: Any property or belongings entrusted to Biggabox, including but not limited to boxed goods, unboxed items, furniture, appliances, oversized, and irregularly shaped objects.
1.6. Website: Refers to Biggabed.com and all affiliated digital platforms, online scheduling tools, and account management portals operated by Biggabox.
1.7. Service Period: The time commencing with Pickup of Customer’s Items and concluding upon confirmed Drop-off, or attempted Drop-off following Customer’s written request or as scheduled under this Agreement.
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2. SERVICES PROVIDED
2.1. Scope of Services: Biggabox will provide services including but not limited to:
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Delivery of packing materials to Customer
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Scheduled Pickup from designated locations
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Transportation and secure storage of Items in professional facilities
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Organized and timely Drop-off of Items at Customer-specified locations
2.2. Service Discretion & Refusal: Biggabox reserves the right to modify, delay, refuse, or terminate service offerings or schedules, with or without notice, based on safety, legal compliance, reputational impact, logistical feasibility, or other operational considerations to the extent permitted by applicable law.
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2.3. Complimentary Services: Biggabox may offer complimentary pickup and drop-off services during pre-scheduled dates aligned with your location’s calendar and subject to availability. Outside of these dates, services may be offered for an additional fee.
2.4. Campus and Housing Compliance: Biggabox operations adhere to university and housing partner rules regarding move-in/out protocols. If on-campus access is restricted, Customer must meet Biggabox personnel at an agreed-upon location.
2.5. Use of Packing Materials: Materials provided by Biggabox are exclusively for use with its storage services. Unauthorized reuse or resale is prohibited.
3. CUSTOMER REGISTRATION & PAYMENT TERMS
3.1. Registration Requirements: Customer must provide accurate contact and billing details when registering via the Website.
3.2. Registration Fee: A non-refundable $25 Registration Fee may apply, covering administrative and material costs.
3.3. Payment Terms & Default:
3.3.1. Biggabox is authorized to charge the Customer’s provided payment method for all applicable service-related fees.
3.3.2. Customer must maintain valid payment information throughout the service period.
3.3.3. In the event of non-payment, Biggabox may suspend services and retain possession of Customer Items. Customer acknowledges and agrees that Biggabox retains a possessory lien on any stored Items for unpaid fees, in accordance with applicable law. If payment remains unresolved after 30 days, Items may be deemed abandoned per Section 9.
4. PRICING STRUCTURE & ADDITIONAL FEES
4.1. Base Pricing: Storage is billed at $25 per box monthly, with a four-month minimum ($100 per box). Adjustments may be made if actual item count or size differs from initial declaration.
4.2. Discounts: Discount rates may apply for Customers storing more than five boxes.
4.3. Additional Fees:
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Custom Pickup/Drop-off: $300
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No-Show Fee: $75–$100
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Late Payment: $25 flat, plus $5/day
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Late Schedule Change (within 5 days): $75
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Abandonment Fee: $125 per occurrence
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Packing Assistance: $75/hour, billed in 30-minute increments
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4.4. Fee Adjustments: Biggabox may revise pricing periodically, as listed on its Website. Fee adjustments shall apply only to future services and will be posted on the Website at least 7 days in advance of taking effect. Continued use of Biggabox services following the effective date of any posted fee adjustments shall constitute acceptance of such revised fees.
5. LIABILITY & INSURANCE LIMITATIONS
5.1. Limited Liability Coverage: Biggabox’s liability is limited to $100 per Item, up to $600 total per Customer.
5.2. Claims Process: Claims must be submitted within 7 days of Drop-off, with supporting documents due after 3 additional business days. Late claims are waived. Biggabox shall evaluate claims in good faith and issue a decision based on available evidence, which shall be final absent manifest error or fraud.
5.3. Documentation: Biggabox may record Items via photos or video for claims processing. Such documentation is for internal use only and may not be shared with the Customer unless required by law or approved in writing by Biggabox.
5.4. Exclusions: Biggabox is not liable for:
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Internal or concealed damage
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Customer-packed fragile/electronic items
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Prohibited Items (cash, jewelry, etc.), including but not limited to those listed in Section 7.4.
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Damage before Pickup or after Drop-off
5.5. Third-Party Contractor Liability: Biggabox is not liable for the actions of independent contractors unless agreed in writing. Contractors or third-party services that Biggabox uses are not agents, partners, or joint venturers of Biggabox, and Biggabox is not responsible for their actions.
5.6. Warranties Disclaimer: Except as expressly provided herein, Biggabox disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. CANCELLATION & REFUND POLICY
6.1. Cancellation Requests: Cancellations must be submitted at least 72 hours before material shipment or scheduled service to be eligible for a refund.
6.2. Rescheduling Fees: Reschedule requests within five calendar days are subject to a $75 fee and may be denied.
6.3. Refunds:
6.4. Refund Method: Refunds will be issued to the original payment method. Eligibility is determined solely by Biggabox. Registration fees are non-refundable once materials have shipped or Pickup has occurred. Refunds for services not rendered shall not be unreasonably withheld, provided proper notice and documentation are submitted.
7. CUSTOMER OBLIGATIONS & OVERSIZED ITEM POLICY
7.1. Packing Standards: Customer must follow Biggabox’s guidelines when packing.
7.2. Oversized Items: Must be pre-approved, and additional charges will apply.
7.3. Labeling Requirements: All Items must be labeled with full customer and delivery details.
7.4. Prohibited Items: Including but not limited to hazardous materials, perishables, cash, firearms, and improperly sealed liquids.
7.5. Presence Requirement: Customer must be present unless prior written arrangements are made.
7.6. Unattended Delivery Disclaimer: If Customer elects not to be present and authorizes unattended service, they accept full liability for theft, loss, or damage. Customer further waives all claims against Biggabox arising from loss, theft, or damage to Items under such circumstances.
7.7. Campus Coordination: Biggabox may coordinate access with university housing staff. Customers may opt out in writing.
8. STORAGE & ACCESS RESTRICTIONS
8.1. Storage Facilities: Items are stored in secure third-party facilities. Locations are confidential.
8.2. Access During Storage: Customer access is restricted during the Service Period unless under emergency and with prior approval.
8.3. Facility Transfers: Biggabox may relocate Items without notice, maintaining consistent security standards.
8.4. Climate Control Disclaimer: "Climate-controlled" means regulated humidity and ventilation—not air conditioning.
9. UNCLAIMED ITEMS & ABANDONMENT POLICY
9.1. Definition of Abandonment: Items undelivered or unclaimed 30 days after the Service Period end are considered abandoned.
9.2. Ownership Transfer: Abandoned Items become the property of Biggabox and may be sold, donated, recycled, or otherwise disposed of in accordance with applicable law. Biggabox is not liable to the Customer or any third party for proceeds from such disposition.
9.3. Abandonment Fee: A $125 fee applies per occurrence.
9.4. Notification Attempts: Biggabox will attempt to contact Customer using registration details. Non-response does not invalidate abandonment enforcement.
10. ELECTRONIC COMMUNICATION CONSENT
10.1. Consent to Communication: Customer consents to receive emails, SMS, and app notifications.
10.2. Opt-Out Limits: Transactional communications are mandatory for service participation; promotional communications may be declined.
10.3. Customer Contact Responsibility: Customers must maintain current contact details. Biggabox disclaims liability for missed communications. Biggabox shall be deemed to have fulfilled its obligation upon transmission to the contact details provided by Customer, regardless of whether the communication is received or accessed.
11. CUSTOMER ACKNOWLEDGMENT & WARRANTIES
11.1. Agreement Acceptance: Use of Biggabox services implies full acceptance of this Agreement.
11.2. Legal Capacity: Customer affirms they are at least 18 years old or have guardian consent.
11.3. Information Accuracy: Customer warrants that all provided information is truthful and up to date.
12. ENTIRE AGREEMENT & MODIFICATION
12.1. Entire Agreement: This Agreement supersedes all previous agreements or understandings.
12.2. Modifications: Only amendments in writing and signed by both parties are valid.
12.3. Binding Effect & Survival: This Agreement shall be binding on and inure to the benefit of Biggabox and the Customer, their permitted assigns and successors. Provisions concerning liability, indemnification, dispute resolution, and any clauses that by their nature should survive termination will remain in full effect, including but not limited to Sections 5, 10, 14, 15, and 16.
12.4. Assignment Restrictions: Customer may not assign rights without prior written approval from Biggabox.
13. FORCE MAJEURE
13.1. Force Majeure: Biggabox is not liable for delays or service failure caused by events beyond its control, including natural disasters, pandemics, labor disputes, or government actions.
14. LIMITATION OF LIABILITY
14.1. Limitation of Damages: To the maximum extent permitted by applicable law Biggabox is not liable for indirect, incidental, or consequential damages, including lost profits. Total liability shall not exceed the amount paid by the Customer under this Agreement.
15. INDEMNIFICATION
15.1. Customer Indemnity Obligation: Customer agrees to defend and hold harmless Biggabox and its affiliates from any claims related to:
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Customer’s breach of this Agreement,
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Customer’s negligence or misconduct,
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Third-party claims relating to stored Items or services rendered,
This includes reasonable attorney’s fees and costs of enforcement.
16. GOVERNING LAW & DISPUTE RESOLUTION
16.1. Governing Law: This Agreement is governed by Delaware law.
16.2. Arbitration & Venue: All disputes arising out of or relating to this Agreement, including those seeking equitable or injunctive relief, shall be subject exclusively to binding arbitration. Disputes will be resolved via binding arbitration under AAA Commercial Rules in Dover, Delaware.
16.3. Waiver of Class Action: The parties expressly waive any right to bring or participate in a class, collective, or representative action under any theory of law or equity.
16.4. Waiver of Jury Trial: The parties expressly waive any right to a trial by jury for any dispute, claim, or controversy arising from or related to this Agreement.
16.5. Notice for Arbitration: Service of process via email or certified mail is sufficient for initiating arbitration. Notice shall be deemed effective upon transmission to the most recent email or physical address provided by the receiving party.