Terms & Conditions 

 

1.Membership Fees & Charges 

 

1.1 Your Wundervault Membership will continue and automatically renew until terminated.  The Membership fee for each month is due on the payment date, which is the next billing cycle date (1st through 28th) upon signing up for the service. 

 

1.2 Payment methods. To maintain your Membership with Wundervault you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account.  In the event that your primary Payment Method is declined or no longer available to us for payment of your subscription fee, you remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Membership, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, relating to the processing of your Payment Method. Check with your Payment Method service provider for details 

 

1.3 No Payment Notice. Membership fees and any other charges are due whether or not you receive a billing statement or payment notice.   

 

1.4 Refunds or Prorations. Payments are nonrefundable.  You will NOT be entitled to any refund or proration for the first month of your Membership or the month in which your Membership terminates.  

 

 

2 Automatic Payment Authorization  

 

2.1 You hereby authorize Wundervault to charge the above-referenced account automatically each month either as a credit or debit card transaction on or after the due date and to apply said charge towards the amount for the monthly membership fee designated in this Customer Agreement.   I understand that I will remain responsible for monthly charges and additional late fees should there be insufficient funds or credit available or if my credit card is canceled or otherwise made unavailable for payment.  

 

2.2 I understand that it shall remain my obligation to notify Wundervault in writing 15 days in advance of my intent to terminate my Membership.  I further understand that this authorization will remain in full force and effect until you notify Wundervault in writing and Wundervault confirms your intent to revoke this authorization. 

 

2.3 I acknowledge that I have been provided a copy of this authorization for automatic payment for my files.   

 

 

3 Wundervault Membership Terms 

 

3.1 You agree to ship your items to Wundervault securely using bubble wrap, tape, and other appropriate packaging materials to ensure the safety of your items in transit .  Wundervault shall securely store your items until you request those items to be returned.   

 

3.2 Wundervault may cancel, postpone, or otherwise reschedule any delivery or return of customer items for any reason or no reason, including without limitation to the event that Wundervault believes, in its sole discretion, that it may endanger any Wundervault employee, agent, contractor, or other individual  

 

3.3 Wundervault will assess a late fee of $25, in additional the monthly rent, for any payments not satisfied by the due date.  

 

3.4 Wundervault may use subcontractors and/or third parties to help perform any Wundervault obligations or services under this Agreement, including any logistics or storage functions with respect to customer items. 

 

3.5 Upon termination of your Membership, you agree to pay for any return shipping costs, which will be charged prior to the items being returned to your original address.  Wundervault, at its sole discretion, will facilitate the transport of your items to another address at pricing determined between by Wundervault and approved by you.   

 

3.6 In the event that you fail to pay Membership dues and return shipping costs, after 90 days, you will be “in default” of this Agreement and Wundervault can, at its sole discretion, sell the your property in order to satisfy any outstanding back payments and late fees.  

 

4 Restrictions 

 

4.1 Use of Wundervault restricted to use for your own property.  You may not use Wundervault to stores the property of others or property that you do not personally own. 

 

4.2 No perishables or hazardous materials can be sent into Wundervault (including any hazardous or toxic chemicals, gas, liquid, substance, material, or waste), flammable materials, or property that would violate any law or regulation of any governmental authority. 

 

5 Insurance  

 

5.1 Subscription packages stored with Wundervault are covered by collectible insurance policy. Up to $5,000 of replacement cost is provided per subscription. If you need coverage beyond $5000, iit can be purchased at a custom rate.

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5.2 You are responsible for keeping a written inventory of your items as well as photographing your items BEFORE packaging and shipping to Wundervault.  In the event of a claim, we cannot guarantee that it will be paid out without this information. 

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5.3 Any single item that has a market replacement value of $5,000 or more must be disclosed to Wundervault customer service so we can obtain the appropriate amount of supplemental insurance for your package(s).

 

 

6 Disclaimers of Warranties and Limitations on Liability 

 

6.1 We are not responsible for and you release us from any liability, loss or damage, including without limitation, our active and passive acts, omissions, or negligence, unless the Loss is directly caused by our intentional or reckless conduct.  To the extent permitted by applicable law, our liability for Loss from any cause will not exceed a total of $5,000.   

 

6.2 You waive any right for any insurance carrier to be reimbursed by Wundervault for any claim it pays on your behalf (waiver for subrogation)  

 

6.3 To the extent permissible under applicable laws, in no event shall Wundervault, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever. 

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6.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. therefore, some of the above limitations in this section may not apply to you. 

 

6.5 Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. 

 

7 Dispute resolution 

 

7.1 Before filing a claim against us in any forum, you agree to first attempt to resolve the dispute informally by notifying us of your claim by contacting the Customer Service Center.  The notice must specifically describe the natures of the dispute and the relief you seek.   

 

7.2 You and Wundervault agree that any dispute, claim or controversy arising out of or relating in any way to the Wundervault service that cannot be resolved informally shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Wundervault membership. 

 

7.3 If you elect to seek arbitration or file a small claim court action, you must first send to Wundervault, by certified mail, a written Notice of your claim ("Notice"). The Notice to Wundervault must be addressed to: 8665 Sudley Road #301, Manassas VA 20110 ("Notice Address"). If Wundervault initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Wundervault, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Wundervault and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Wundervault may commence an arbitration proceeding or file a claim in small claims court. 

 

7.4 The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement.  All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Wundervault and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.  The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. 

 

7.5 If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Wundervault's last written settlement offer made before an arbitrator was selected (or if Wundervault did not make a settlement offer before an arbitrator was selected), then Wundervault will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. 

 

7.6 YOU AND WUNDERVAULT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wundervault agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 

 

 

8 Consent to Contact & Use Feedback 

 

8.1 You expressly consent and agree that in the event we, our agents, affiliates, and/or service providers contact you to discuss your account, we may telephone you at any number provided or obtained.   

 

8.2 Wundervault is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through communications from Wundervault, including the Wundervault website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Wundervault service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. 

 

9 Governing Law 

 

9.1 These Terms & Conditions of Use  construed in accordance with and governed by the laws of the Commonwealth of Virginia, U.S.A. reference to choice of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.