Proxima Management Terms and Conditions
Eviction Moving, Clean Out, and Property Management Services
Effective Date: August 18, 2018
These Terms and Conditions govern all services provided by Proxima Management. By approving an estimate, paying any invoice, booking a service, signing electronically, or using our services in any way, the Client agrees to these Terms and Conditions.
1. Services Covered
These Terms apply to all services provided by Proxima Management, including:
- Eviction moving, packing, set outs, relocation of belongings, and storage.
- Same day clean outs, junk removal, trash removal, debris hauling, and heavy item removal.
- Property management services including rent collection, notices, inspections, maintenance coordination, repairs, turnover services, emergency response, vendor coordination, and tenant communications.
- Any additional work or labor performed at the Client’s request
2. Eviction Moving and Storage
2.1 Court Order and Access
A valid Massachusetts execution or court order is required before eviction work begins. A sheriff or constable must be present unless otherwise authorized. The Client must provide safe and legal access at the scheduled start time. Failure to provide access may result in waiting fees, minimum charges, or rescheduling fees.
2.2 Handling of Belongings
All eviction packing and moving is performed under strict legal and time limits. Fragile or high value items may not be individually wrapped unless arranged in writing. Proxima is not responsible for pre existing damage, hidden defects, structural issues, infestation, mold, unsafe conditions, or damage caused by factors outside our control.
2.3 Storage
Belongings placed into storage will be held at a location chosen by Proxima. Storage fees and all outstanding charges must be paid in full before release. Prohibited or unsafe items may be discarded immediately. After the statutory holding period expires, items may be disposed of according to law. Liability limits apply as stated in Section 8.
2.4 Post Eviction Cleanup
Post eviction cleaning, trash removal, and debris removal are separate services and billed separately based on our current price list and the actual volume and labor required.
3. Clean Out and Junk Removal Services
3.1 Pricing
Final pricing is based on volume, labor time, property access, floor levels, heavy or special items, distance, and our current price list. Estimates may change based on actual conditions observed on site.
3.2 Disposal Policy
Once any item, junk, trash, or debris is loaded into our truck or trailer, it cannot be returned under any circumstances. All materials become the property of Proxima Management for disposal. Disposal will be handled legally in accordance with applicable laws. Proxima will not deposit or leave materials on private or public property in violation of law. Any request from the Client to dispose of material in an improper or illegal manner is refused and considered void.
4. Property Management Services
These Terms apply to all property management services, including but not limited to:
- Lease administration
- Rent collection
- Tenant notices
- Inspections
- Maintenance coordination
- Vendor management
- Emergency response
- Move in and move out services
- Turnover preparation
- Tenant communication and management
Proxima is not responsible for tenant disputes, unlawful actions by tenants or third parties, building defects, municipal actions, or damage outside our control.
5. Access and Safety
The Client is responsible for ensuring safe access, working keys and codes, parking availability, and a reasonably safe environment. Unsafe, unsanitary, violent, or hazardous conditions may result in refusal or termination of service with charges applied for time spent.
6. Estimates, Pricing, and Final Charges
6.1 Estimates
Estimates are based on information provided and are not guaranteed unless clearly stated as a flat rate in writing.
6.2 Price List
All pricing, rate structures, and standard fees are posted on our website and provided to the Client upfront. By approving any estimate or paying any invoice, the Client acknowledges that they reviewed and accepted the pricing listed on our website and understands that final charges are based on the actual conditions and volume on the day of service.
6.3 Final Billing
Final pricing will reflect the actual volume, labor, access, property conditions, and work required. The Client agrees to pay all applicable charges based on the final assessment at the property.
7. Payment, Nonpayment, and Legal Enforcement
7.1 Agreement by Payment or Approval
By paying any invoice, making a deposit, or approving an estimate, the Client agrees to these Terms and Conditions and accepts Proxima’s pricing structure.
7.2 Payment Requirements
Payment is due in full immediately upon completion of services unless otherwise stated in writing.
7.3 Chargebacks and Reversed Payments
A chargeback or reversed payment is considered a breach of contract. The Client remains responsible for the full invoice amount regardless of any bank or processor dispute.
7.4 Legal Fees and Collection Costs
In the event of nonpayment, late payment, or chargeback, the Client agrees to pay:
- The full outstanding invoice
- All reasonable attorney fees
- Court filing fees
- Collection agency fees
- Process server fees
- Administrative and recovery costs
- Statutory interest allowed under Massachusetts law
7.5 Interest
Interest may accrue on overdue balances at the statutory rate allowed in Massachusetts.
8. Liability Limitations
Unless additional protection is purchased in writing, Proxima’s maximum liability for any item is limited to 0.60 per pound per item.
Proxima is not liable for:
- Pre existing damage
- Fragile items not packed by us
- Items damaged due to unsafe or defective property conditions
- Damage caused by tenants or third parties
- Weather exposure during legal set outs
- Mold, infestation, hazardous materials
- Situations outside our control
9. Complaints and Dispute Notification
Any concern or dispute must be submitted in writing within five business days of service. After this period, the work is considered accepted. Filing a complaint does not delay or remove the Client’s obligation to pay the full invoice.
10. Venue and Jurisdiction
The Client agrees that any claim, dispute, or lawsuit arising from Proxima’s services, invoices, property management actions, eviction services, or these Terms and Conditions shall be brought only in the courts of Essex County, Massachusetts. This includes Salem District Court and Essex Superior Court. The Client waives any right to bring claims in any other jurisdiction or venue, even if services were performed in another county or location.
11. Indemnification
The Client agrees to indemnify and hold Proxima harmless from any claims, damages, penalties, costs, or legal actions arising from:
- The Client’s misrepresentations
- The Client’s violation of law
- Unsafe or unlawful property conditions
- Tenant or third party actions outside Proxima’s control
- The Client’s failure to follow instructions or provide safe access
12. Electronic Acceptance
By paying an invoice, approving an estimate, booking online, clicking I Agree, signing electronically, or using our services after receiving a link to these Terms, the Client acknowledges they have read, understood, and accepted these Terms and Conditions in full.
13. Entire Agreement
These Terms and Conditions form the entire agreement between the Client and Proxima Management. Any modification must be in writing and approved by Proxima.