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Nothing in these Terms and Conditions, whether express or implied, is intended to create or confer any rights or remedies in favor of any parties other than ACCESS and CLIENT and their respective successors and permitted assigns, nor shall any provision give any third party any rights or remedies against ACCESS or CLIENT.
If any provision of these Terms and Conditions is determined to be illegal or otherwise unenforceable by an arbitrator or a court of competent jurisdiction with respect to a CLIENT then, to that extent it shall be limited, or severed and deleted from these Terms and Conditions, and the remaining portions hereof shall survive, remain in full force and effect and shall, with respect to such CLIENT, be interpreted to give effect to the original intention of these Terms and Conditions.
The failure of either party to otherwise exercise any of its rights hereunder or to require the performance of any term or provision hereof, or the waiver by either party of any breach hereof, shall not prevent a subsequent exercise or enforcement of such rights or be deemed a waiver of any subsequent breach of the same or any other term or provision hereof.
A waiver of any right under these Terms and Conditions shall be effective only if in writing and signed by the authorized officer of party against which such waiver is to be enforced.
These Terms and Conditions and the provision of Services by ACCESS, shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to the principles of the conflicts of law, provided, however, that Paragraph 11 and any arbitration conducted pursuant to the these Terms and Conditions shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The parties hereby consent to the exclusive jurisdiction of the applicable Federal or Massachusetts State Courts with jurisdiction of Suffolk County, Massachusetts, as the venue for any legal action arising out of or relating to these Terms and Conditions. CLIENT waives all claims of forum non conveniens.
END OF TERMS AND CONDITIONS
Revised February 6, 2024
Revised December 1, 2016
1) Change to paragraph 4(A) makes clear clients are not to store artwork, materials having historical value or collectibles, among other items.
2) Change to paragraph 4(B) clarifies and strengthens the encryption requirements of clients storing electronic data that is subject to governmental regulations.
3) Change to section (H) allows Access to service a client with an affiliated company, common carriers and with temporary employees.
4) Paragraphs (I), (J) and (K) added to section 4 which add other conditions related to the storage of client material and charges therefor.
5) Change to section 5 provides that the only warranties and representations binding upon Access are those set forth in the Terms and Conditions.
6) Changes to section 6 provide that time is of the essence for client payments and sets forth new terms under which clients may dispute a charge.
7) Change to section 8 provides that client will release and indemnify Access in the event Access follows the contractual procedures and destroys client’s stored materials for non-payment.
8) Changes to section 9 adds an obligation for client to protect Access’ confidential information. It also adds a client representation that the stored materials do not contain technical information within the meaning of ITAR/EAR, the International Traffic in Arms Regulations, or technical data within the meaning of the Export Administration Regulations.
9) Change to paragraph 10(B) requires client to insure all of clients’ stored materials at client’s expense.
10) Change to paragraph 11(A) decreases the time in which a client must make a claim regarding lost or damaged materials from 90 days to 30 days.
11) Change to paragraph 11(B) changes the mandatory arbitration from the American Arbitration Association to JAMS.