Storage Agreement
This Storage Agreement (“Agreement”) is made between Client, whose name and address are set forth in the User Account (as defined below) and CityStash, LLC a Virginia limited liability company, operating as CityStash Storage (“CityStash”) for the purpose of leasing from CityStash storage containers and/or storage space of varying size, more particularly described below, at CityStash’s storage facility (“Facility”) and/or the performance of certain services for Client by CityStash more particularly described below (collectively, the “Services”) in connection with Client’s personal property (“Stored Property”).
NOW THEREFORE, in consideration of the foregoing recital, the receipt and sufficiency of which is hereby acknowledged, and the mutual promises and obligations described in this Agreement, the parties hereto agree as follows:
- Description of the Leased Space: CityStash leases to Client and Client leases from CityStash one or more of the following:
- one or more self-contained storage containers or cardboard boxes (whether a physical container or cardboard box, referred to individually as a “Container” and collectively as “Containers”), which once filled by Client with Client’s personal property will be stored at the Facility.
- open storage space of varying size (the “Storage Space”) sufficient for the storage of Client’s personal property or file record boxes within the Facility.
Throughout this Agreement, the Containers when located at the Facility and Storage Space are collectively referred to as the “Leased Space.” Client agrees that CityStash shall have the right and authority to designate the Leased Space at any of CityStash’s warehouse facilities.
- Site and User Account: Client authorizes CityStash to maintain the personal information of Client, including Client’s name, address, credit card number(s), phone number(s), email address(es) and the inventory of the Leased Space if supplied by Client, in the secure electronic user account (“User Account”) of Client on CityStash’s website at www.CityStash.com (the “Site”).
- It shall be Client’s duty to maintain the accuracy of the information contained in the User Account including, but not limited to, Client’s current delivery address, email address, and credit card numbers.
- Term: This Agreement shall be month-to-month (the “Term”) and shall be automatically extended each month unless the Client, through the Site or via email to info@citystash.com , requests return of all Stored Property, whether stored in Containers or in the Storage Space at the Facility, together with a valid return address, at least three (3) business days prior to the end of the current monthly term.
- Packing Period: The seven (7) calendar days (the “Packing Period”) following the date on which CityStash first delivers Containers to Client are considered the packing period. Client will not be charged Rent for any unused Containers returned to CityStash within the Packing Period. Client expressly agrees, all Containers (whether used or unused) initially delivered to Client and not returned to CityStash at the expiration of the Packing Period will be used to calculate the Rent and will be charged to the client.
- Rent: Rent is due at the end of the of the seven (7) day packing period (“initial due date”). Subsequent due dates shall occur every month on the same date as the initial due date or the last day of the month if the corresponding date does not exist in such month. Client shall pay CityStash, in advance, monthly rent on each Due Date in the amount set forth on the current invoice (“Rent”), which is incorporated herein by reference, without deduction, prior notice, demand, or billing statement. Client expressly agrees that Rent will be due and payable on the initial Due Date for all Containers (whether used or unused) initially delivered to Client and not returned to CityStash at the expiration of the Packing Period. The size of the Leased Space and the Rent may vary as Client adds or removes Stored Property from the Containers and/or the Storage Space, and Client’s current invoice shall be at all times maintained and accessible in the User Account. Client’s removal of the Stored Property from the Leased Space and/or the Containers prior to the end of the current Term shall not entitle Client to a refund of any Rent.
- Payment: Client authorizes CityStash to automatically charge, without signature of Client, any and all Rent, Fees, and Charges due and payable to the credit and/or debit cards listed by Client under the User Account on the Due Date. Client agrees that the only acceptable means of payment for such Rent, Fees and Charges will be by credit or debit card through the Site, unless other payment method is expressly consented to by CityStash in writing, which consent may be given or withheld in its sole discretion. Time is of the essence with regard to all payment obligations due under this Agreement. CityStash shall have no liability to Client for charges applied to Client’s credit card so long as such charges are applied by CityStash in good faith. Any overpayment will be applied to the next month’s invoice.
- Service Area: CityStash’s delivery and pickup services operate only in the area (“Service Area”) defined in Exhibit A to this Agreement. In no circumstance will CityStash be required to deliver any Stored Property outside the Service Area. If the client is located outside of the service area, it is the client’s sole responsibility to retrieve any stored property.
- No Access to Facility: Client shall have no right to access the Facility. Client and CityStash agree that CityStash will not issue Client a warehouse receipt under Article 7 of the Uniform Commercial Code or any other applicable code. Once the stored property is at the Facility, the only way for Client to claim Stored Property is to request the retrieval of such property through the Site or through the email address provided on the Site. Client shall request retrieval of the Stored Property at least two (2) business days in advance of the required redelivery date and time.
- Retrieval of Stored Property: Once Client has requested retrieval of the Stored Property, CityStash will use commercially reasonable efforts to deliver the Stored Property within the retrieval timeframe chosen by Client. Notwithstanding the above, Client acknowledges and agrees that CityStash makes no assurances or guarantees regarding the time of pick-up and delivery of any Stored Property or Containers or that the Stored Property will be delivered to Client within the retrieval timeframes selected by Client. Client acknowledges and understands that CityStash will not deliver or pick up Stored Property or Containers at an address outside the Service Area.
- Fees and other Charges: In addition to the Rent obligations, outlined in number five (5) above, the client shall pay the following additional fees.
- Retrieval fee: Every time the Client requests the retrieval of any Stored Property whether the request includes one individual item or all items) from the Leased Space, Client shall pay a fee of $35.00 (the “Retrieval Fee”).
- Service Fee: If the Client retrieves any Stored Property within the first two (2) months. The client shall pay the following
- The equivalent of two (2) month’s rent shown on the current invoice is the retrieval occurs within the first monthly term.
- The equivalent of one (1) month’s rent shown on the current invoice is the retrieval occurs within the second monthly term.
- No Service fee shall be due if the retrieval occurs after the payment of the third monthly term.
- Packing Supplies: The Client shall pay for all consumable packing supplies ordered through the site. CityStash will publish the prices of all consumable packing supplies on the website.
- Late Fee: If the Client fails to pay the Rent by the 5th calendar day after the due date, a late charge of $35.00 shall be charged to the account for each invoice that is unpaid.
- Lien Handling Fees: If Client is delinquent in the payment of Rent, fees or charges due under this Agreement for more than thirty (30) calendar days, a lien handling fee of $50.00 for CityStash’s costs in processing the delinquent account, including lien sale costs, whether or not a lien sale occurs.
- Interest: A late fee of 1.5% of the outstanding balance per month from the date of default shall be assessed on all delinquent accounts.
- Unreturned Containers: If upon termination of the Agreement the Client does not return the leased containers, the client shall pay the following additional fees:
- $25.00 per small container
- $40.00 per medium container
- $60.00 for each large container
- Termination: This Agreement shall be automatically extended on each Due Date unless the Client, through the Site or email address requests return of all Stored Property, whether stored in Containers or in the Storage Space at the Facility, together with a valid return address, at least three (3) business days prior to the end of the current monthly Term. CityStash shall have the sole and exclusive right to terminate this Agreement prior to the end of the Term for any reason by giving five (5) calendar days written notice to Client. Upon termination of this agreement by CityStash, the Client is responsible for retrieving all of the Client’s Stored Property from CityStash within _____ days.
- The duty of the Client to pay all Rent, Fees, and Charges due and payable shall survive the Term and/or the early termination of this Agreement. Client shall not be entitled to a refund of any prepaid Rent under any circumstances.
- Abandonment of Stored Property: Failure of the Client to pay Charges for two (2) consecutive months shall result in “Abandonment” of property. Client waives all rights and ownership to abandoned property and transfers ownership and rights of abandoned property to City Stash. City Stash may then take any action with property to recoup any unpaid charges; this includes but not limited to disposal or property, destruction of property, sale of property, and, or donation of property.
- Permitted Use of the Leased Space: Client agrees to use the Leased Space only for the storage of personal property wholly owned by the Client. Client understands and agrees that CityStash need not be concerned with the kind, quantity or value of personal property or other goods stored by Client in the Leased Space pursuant to this Agreement. Client acknowledges and agrees that the Leased Space and the Facility are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as books, records, writings, works of art, photographs, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value to Client and records or receipts relating to the stored goods,
Client specifically acknowledges the following:
- Client assumes full responsibility and liability for packing, securing, and protecting Client’s property in the Containers for normal handling and over the road transportation;
(ii) the maximum weight of Client’s property stored in each container shall not exceed:
- 40 pounds for Our Small Container
- 55 pounds for Our Medium Container
- 70 pounds for Our Large Container
- 35 pounds for Our Small Storage Box
- 50 pounds for Our Large Storage Box
Client shall not use the Leased Space in any manner that results in waste, nuisance or unreasonable annoyance to other Clients in the Facility.
CityStash shall not be liable for any damage, including any claim for emotional or sentimental attachment, resulting to such items. Furthermore, Client acknowledges and agrees that the following items should be excluded from storage: money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, precious metals and pewter; stored value cards and smart cards; manuscripts, personal records, passports, tickets and stamps; jewelry, watches, furs, precious and semiprecious stones, firearms; animals, birds and fish; property not owned by the Client or for which Client is not legally liable; computer software or programs, media or computer data contained on hard disks or drives.
CityStash shall not be liable for any damage to Client’s property for any reason.
- No Bailment: It is expressly understood and agreed that no bailment or deposit of goods for safekeeping is intended or created hereunder. Due to the nature of CityStash’s business and its purpose being portable self storage, it is further understood that CityStash does not represent to Client that CityStash is a “warehouseman” as such term is defined by applicable statutes. The parties expressly understand and agree that any laws including, without limitation, warehouseman laws or similar or related laws pertaining to the establishment or creation of a bailment relationship or any other relationship pertaining to the deposit of goods for safekeeping, shall not apply to this Agreement.
- Liability: All property is stored at Client’s sole risk. Client assumes all risk of loss, including but not limited to damage to or theft of Client’s property due to burglary, mysterious disappearance, fire, water, rodent damage, earthquakes, acts of God, vandalism, mold or mildew or other vermin, or damage resulting from the packing, transportation, handling, or storage of the Stored Property by CityStash. To the extent permitted by applicable law, Client agrees to indemnify and hold CityStash and CityStash’s Agents harmless from any Loss incurred by CityStash or CityStash’s Agents in any way arising out of Client’s use of the Leased Space or Facility.
CityStash and/or its designated affiliates, authorized representatives and employees or agents (“CityStash’s Agents”) will have no responsibility to Client or to any other person for any loss, liability, claim, expense, damage to property or injury to persons or for any consequential, special, or punitive damages (“Loss”) resulting from any cause whatsoever, including, without limitation, CityStash and CityStash’s Agents active or passive acts, omissions, negligence or conversion, unless the Loss is directly caused by CityStash’s fraud, willful injury or willful violation of law regardless of whether an action is brought in tort, contract, or under any other theory. Furthermore, CityStash will have no responsibility for any Loss related to CityStash’s failure to deliver the Stored Property to any person entitled thereto at any specified time or within any specified duration.
In the event any arbitrator finds or competent court of law adjudicates CityStash liable for any Loss for any reason, including a finding that CityStash is a warehouseman under any applicable law, Client explicitly agrees that CityStash’s and CityStash’s Agents’ total liability for any claim shall not exceed the lesser of (i) $50 per Container leased by Client plus $25 per individual item stored by Client in the Storage Space outside of any Container; or (ii) $1,000 total for the aggregate value of all of Client’s Stored Property in the Leased Space.
Notwithstanding the above, CityStash does not acknowledge or accept any liability for any Loss of Client’s property. Furthermore, this provision shall not constitute an admission that the Client’s property has any value whatsoever, nor that CityStash has any responsibility or liability for any loss of Client's property.
To the extent permitted by applicable law, Client agrees to indemnify and hold CityStash and CityStash’s Agents harmless from any Loss incurred by CityStash or CityStash’s Agents in any way arising out of Client’s use of the Leased Space or Facility.
- Insurance: Insurance is Client’s sole responsibility. Client agrees to insure the actual full value of the Stored Property against loss and damage. Client may choose to obtain supplemental renter’s insurance or Client may elect to be “self insured.”
To the extent Client does not obtain supplemental insurance, Client waives all claims against CityStash and CityStash’s Agents for loss or damage to the Stored Property placed in the Leased Space. CityStash and CityStash’s Agents will not be responsible for, and Client hereby releases CityStash and CityStash’s Agents from any responsibility for any Loss that could have been insured against including, without limitation, any Loss arising from the active or passive acts, omission or negligence of CityStash or CityStash’s Agents (“Claims”). Client waives any rights of recovery against CityStash or CityStash’s Agents for any Claims, and Client expressly agrees that the carrier of any insurance obtained by Client shall not be subrogated to any claim of Client against CityStash or CityStash’s Agents.
Although CityStash and CityStash’s Agents may share information about supplemental insurance policies available for purchase by Client from various independent insurance agents, Client understands that CityStash and CityStash’s Agents are not an insurance company or insurance agents. CityStash has not explained any coverage or assisted Client in making any decision to purchase any particular insurance policy, and CityStash is not making any representations about the coverage provided by any such insurance policy.
- Lien: In addition to any liens and remedies provided by applicable state law to secure and collect the Rent, Client hereby grants to CityStash a contractual lessor’s lien upon all of the Stored Property to secure the payment of the Rent, Fees and Charges payable under this Agreement.
- In the event Client is in default of this Agreement, CityStash may begin the enforcement of its lien, including denial of access to any Stored Property in the Leased Space, against all such Stored Property in accordance with the laws of the Commonwealth of Virginia. Property may be sold or otherwise disposed of at the facility or nearest suitable location as required under the laws of the Commonwealth of Virginia. Proceeds, if any, from the sale of the property in excess of amounts owed to CityStash, will be paid to the state treasurer if unclaimed by the Client within one year after sale of such property. As CityStash has no knowledge of the contents stored in the Leased Space, Client hereby waives any obligation that CityStash provide a description of the personal property in Client’s Leased Space, to the extent required by the laws of the Commonwealth of Virginia.
- Nature of Occupancy: CityStash is not obligated to furnish a security guard, watchman, security system of any type, or fire sprinkler system. Any security system is for the protection of the Facility and is not intended for the protection of Client’s Stored Property or any visitors to the Facility.
- “Climate Controlled” is defined as a temperature between 45 and 85 degrees Fahrenheit. It is expressly understood by Client that the term “Climate Controlled” shall refer only to the ambient temperature maintained within the Leased Space and shall not refer to the control of any other atmospheric conditions including, but not limited to, humidity levels.
- CityStash shall utilize commercially reasonable efforts to maintain the Leased Space in Climate Controlled condition at all times. Notwithstanding the above, the operation or failure of any type of climate control system utilized by CityStash shall not create a liability for CityStash for any type of loss incurred by Client and shall in no way release Client from its obligation under this Agreement.
Client acknowledges and agrees that by storing Client’s personal property within the Containers or the Storage Space, Client agrees that the Leased Space is satisfactory for all purposes for which Client shall use it.
- Client Duties : Client agrees to comply with all applicable federal, state and local laws and ordinances relating to matters covered by this Agreement.
- Indemnification: Client agrees to indemnify, defend and hold harmless CityStash from all fines, suits, claims, damages, demands and actions of any kind arising directly or indirectly from any performance of any provisions herein or from any breach, violation or nonperformance of any provisions herein required of CityStash or CityStash’ s Agents, including but not limited to, all legal costs and charges, including attorney fees, whether for negotiation, trial, arbitration, appellate or other legal services. This indemnification shall include all costs incurred in obtaining possession of the Stored Property or the Containers after default by Client or upon expiration or earlier termination of this Agreement or in enforcing any agreement of Client contained in this Agreement, which costs and charges the parties agree shall in no event be less than $1,000.
- Default: The following events shall be deemed to be “Events of Default” by Client under this Agreement:
- Client shall fail to pay any installment of the Rent, Fees and/or Charges when due under this Agreement;
- Client shall fail to comply with any term, provision or covenant of this Agreement, other than the payment of Rent, Fees and/or Charges, and shall not cure such failure within ten (10) days after written notice thereof to Client; or
- Client shall Abandon the Stored Property.
If an Event of Default shall occur, CityStash shall have the right at its election, then or at any time thereafter while such Event of Default continues, to pursue the following remedies or any other remedies provided for under applicable laws under this Agreement:
- CityStash may immediately terminate this Agreement by giving notice to Client, in which event Client shall immediately surrender the Containers to CityStash; or
- CityStash may, without prejudice to any other remedy which it may have for possession or arrearages in rent, deny Client’s access to the Stored Property located within the Leased Space; or
- CityStash may take possession of any of Client’s Stored Property in the Leased Space, and expel or remove Client, and dispose of such Stored Property at the sole discretion of CityStash, without being liable for prosecution or any claim of damages therefore; or
- CityStash may enforce any and all lien rights to the extent possible under applicable lien laws of the Commonwealth of Virginia.
Client hereby agrees to pay to CityStash amount of all loss and damage which CityStash may suffer by reason of such termination, whether through inability to relet the Containers or the Storage Space on satisfactory terms or otherwise. CityStash’s remedies, including any lien rights as set forth below, are cumulative, and any or all thereof may be exercised instead of or in addition to each other or any other remedies legally available to CityStash. All expenses incurred by CityStash that are connected with the collection of any and all outstanding balances owed by Client will be assessed to Client including reasonable attorney’s fees and other expenses.
- Return of Containers: Upon termination of this Agreement for any reason, Client shall remove all of Client’s Stored Property from the Containers and the Storage Space, unless such property is subject to CityStash’ s lien rights pursuant to this Agreement and shall immediately deliver possession of the Containers to CityStash in the same condition as delivered to Client, reasonable wear and tear excepted.
- Client agrees that any personal property left in the Containers or in the Storage Space shall be deemed abandoned by Client, and with respect thereto, Client authorizes CityStash to remove such property from the Containers and the Storage Space and either dispose of it in any manner in CityStash’s sole discretion and without liability to Client or retain such property as collateral for payment of the removal charges and/or any other amounts due CityStash. Nothing herein shall be construed as imposing a duty upon CityStash to store or safeguard the Client’s personal property, and CityStash hereby expressly disclaims any such duty.
- Regulations Affecting Deliveries Client acknowledges that CityStash’s delivery and pickup of Containers and/or Stored Property may be subject to rules and regulations including deed and homeowner restrictions and apartment and condominium complex rules. It is Client’s responsibility to comply with any and all rules and regulations for City Stash’s delivery and pickup. Client agrees to take whatever steps are necessary to comply with such rules and regulations affecting the delivery and pickup of any Containers and/or Stored Property. CityStash and CityStash’s Agents shall have no liability for, and Client shall indemnify and hold CityStash and CityStash’s Agents harmless from, any claims or for any Loss to Client’s property or to the property of any third party including but not limited to Client’s landlord, if applicable.
- Client assumes full responsibility for any fines and/or penalties, monetary or other, resulting from CityStash’s delivery of and Client’s use or placement of the Containers or Stored Property in violation of such rules and regulations.
- Right to Enter: Client shall grant CityStash, CityStash’s Agents or the representatives of any governmental authority, including police and fire officials, access to the Containers and premises where such Containers may be located, if necessary, as required by applicable laws and regulations or in connection with CityStash exercising its rights as set forth under Default.
- In the event Client shall not grant access to the Containers as required, or in the event of an emergency or upon default of any of Client’s obligations under this Agreement, CityStash, CityStash’s Agents or the representatives of any governmental authority shall have the right, but not the obligation, to remove Client’s locks and enter the Containers for the purpose of examining the Containers or the contents thereof, and for the purpose of taking any such action as may be necessary or appropriate to preserve the Containers, or to comply with applicable law including any applicable local, state or federal law or regulation governing Hazardous Materials or to enforce any of CityStash’s rights.
- In the event of any damage or injury to the Containers or the Facility arising from the negligent or deliberate act or omissions of Client, or for which Client is otherwise responsible, all expenses reasonably incurred by CityStash to repair or restore the Containers or the Facility including any expense incurred in connection with any investigation of site conditions, or any clean-up, removal or restoration work required by any applicable local, state or federal law or regulation or agency regulating any Hazardous Materials, shall be paid by Client as additional rent and shall be due upon demand by CityStash.
- No Representations or Warranties: CityStash hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Containers and the Storage Space and the Facility, including any warranties of merchantability or fitness for a particular use or purpose, and Client hereby acknowledges, as above, that Client has inspected the Containers and hereby acknowledges and agrees that CityStash does not represent or guarantee the safety or security of the Containers or the Storage Space or the Facility or of any property stored therein, and this Agreement does not create any contractual duty for CityStash to create or maintain such safety or security.
- Notices: Except as otherwise expressly provided in this Agreement, any written notices or demands required or permitted to be given under the terms of this Agreement may be served via electronic mail, sent to the email address of the party to be served as provided for in this Agreement. Service of any such notice or demand shall be deemed complete on the date delivered.
- Assignment and Succession: Client may not sublet, assign or otherwise transfer its rights or obligations under this Agreement. At the option of the CityStash any such attempted subletting, assignment or other transfer by Client shall be void and of no effect. CityStash may assign or transfer this Agreement without the consent of Client, and after such assignment or transfer, CityStash shall be released from all obligations under this Agreement occurring after such assignment or transfer, provided such assignee or transferee has assumed the obligations of CityStash hereunder.
All of the provisions of this Agreement shall apply to, bind, and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of the parties hereto.
- Arbitration: Any claim arising under or relating to this Agreement shall, at the election of CityStash, be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its applicable arbitration rules. The election by CityStash for binding arbitration may be made at any time, shall be in writing and shall be served on Client in the manner prescribed above for the giving of notices. All such arbitration proceedings shall take place at such location as is specified by CityStash. Each party shall bear its own costs and fees, including travel expenses, out-of-pocket expenses, witness fees, and attorneys’ fees and expenses. The fees and expenses of the arbitrator or arbitrators, and all other costs and expenses incurred in connection with the arbitration, shall be shared and borne equally by Client and CityStash.
- Discrimination and Harassment: Discrimination, belligerence, harassment or expressions of prejudice against any other client, or employee of CityStash will not be tolerated. Use of derogatory terms or expressions of belief or behaviors that are racist, sexist, or prejudiced against any client or group of people are not acceptable and will not be tolerated. Such conduct by a client will result in sanctions, up to and including default pursuant to Paragraph 22 of this agreement.
- Choice of Law: To the extent permitted by applicable law, this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Virginia law, but, if any provision of this Agreement shall be invalid or prohibited under Virginia law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.
- Waiver of Jury Trial: Client agrees to waive their rights to a jury trial for any and all claims made against or through CityStash.
- Time to make Claim: Client agrees to notify CityStash of all claims no later than the earlier of thirty (30) days from the initial discovery of the claim or default or thirty (30) days following the expiration or termination of this Agreement, or the shortest time period otherwise permitted by applicable law, and failure to do so will result in the forfeiture of said claim. To the extent permitted by applicable law, any claims by Client arising under this Agreement must be brought through Arbitration pursuant to number 29.
- Time of the Essence: Time for performance of the obligations of parties is of the essence of this Agreement.
- Force Majeure: CityStash shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this Agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of God, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, pandemics, epidemics or embargoes.
- Construction: The headings of sections or paragraphs of this Agreement are provided for convenience only and shall not affect its construction or interpretation. Further, this Agreement shall not be construed for or against a party because that party drafted any provision of the Agreement.
- Entire Agreement: This document contains the whole contract between the parties and there are no other terms, warranties, representations or agreements of either the CityStash or the Client not herein contained.
- Digital Signature: By checking the box "Accept the Rental Agreement" on the Site, Client accepts the terms and conditions of this Agreement, and this action shall represent Client's digital signature and bind Client to the terms and conditions of this Agreement.