Terms and Conditions
May 1, 2022
Welcome to the terms and conditions ("Terms") for subscription ordering. These Terms are between you and ODP Business Solutions, LLC and/or its affiliates or subsidiaries ("ODP", “Us” or “We”), and govern our respective rights and obligations for subscription ordering. The Terms constitute the entire agreement between you and ODP related to subscription ordering. Please note that your use of the business.officedepot.com website is also governed by our website Terms of Use , Terms and Conditions, and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on opdbusiness.com, all of which (as changed over time) are incorporated into these Terms. If you place an order through our subscription ordering, you accept these Terms. Please read these Terms carefully.
If ODP and the Customer have executed a separate written agreement that conflicts with these Terms and is intended to supersede these Terms, the terms and conditions of that written agreement shall govern.
Program Benefits
Let us do the heavy lifting for you. After you select the frequency with which you want to receive your items, we will automatically send out your orders for delivery on the schedule you selected. Subscription orders can be scheduled for weekly, every other week, every three weeks, monthly, twice a month, every other month, quarterly and annual frequencies.
Your enrollment in subscription ordering starts with your first automatic delivery order. If you choose, your first order can be sent out on a specific date you select. If you do not select a date, we will process your order immediately.
Credit cards or account billing are the only methods of payment accepted for subscription ordering on business.officedepot.com.
There is no fee to you for this service.
You may change the subscription frequency, item quantity and method of payment associated with your subscription at any time online by accessing your “Subscription Manager” in the "My Account" Option or calling 1-888.2.OFFICE (888.263-3423). Any updates will be applied to all future orders associated with your subscription.
You may cancel your subscription any time online using your “Subscription Manager”. You will only be charged for orders that have been sent out for delivery.
Conditions
You must have an account on business.officedepot.com to enroll and purchase items through subscription ordering. We reserve the right to accept, refuse, cancel, or modify subscription orders in our sole discretion. Your subscription is personal to you, and you may not assign or transfer your subscription or any of the benefits associated with subscription ordering to any third party.
If any problems arise with your account, the delivery address or the method of payment associated with your subscription order, we will notify you via email using the address associated with your subscription asking that you resolve the problem. Your subscription will be placed on hold and no additional orders will be processed or sent out for delivery until the problem has been resolved.
If your item is not available on the day it is scheduled to be sent out for delivery, we will send you an email notifying you of the delay and will attempt to fulfill the order as soon as possible.
If any item is no longer available, we will automatically suspend your subscription for that item and no additional orders associated with that subscription will be placed. We will send an email to you notifying you if a suitable replacement exists, however you will need to create a new subscription order for that item.
Payments
Unless you update your method of payment, the charge for each order will be billed to the method of payment used when you create your subscription. If the method of payment becomes invalid at any time during the subscription period or if the charge is otherwise rejected, we will send an email to the email address associated with your subscription notifying you that the subscription has been placed on hold. In the email, you will be provided with a link to bring you directly to the item within the subscription manager that needs to be updated. Your subscription will remain on hold and no additional orders will be processed or shipped until the information is updated.
Your subscription will remain in effect until your subscription is cancelled.
Agreement Changes
We may, in our sole discretion, change these Terms, ODP’s website Terms of Use, Terms and Conditions and/or our Privacy Policy without notice to you by posting updates on business.officedepot.com. By using subscription ordering, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms to which you are bound.
Termination by Us
We may terminate your subscription at our discretion without notice. If we do so, you will only be charged for orders that have been sent out for delivery to you.
Limitation of Liability
IN ADDITION TO THE OTHER LIMITATIONS AND EXCLUSIONS CONTAINED IN ODP'S ONLINE TERMS OF USE, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, DIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH YOUR SUBSCRIPTION ORDERING SUBSCRIPTION OR THE PROGRAM. YOU AGREE TO INDEMNIFY AND HOLD ODP (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES AND THIRD-PARTY SERVICE PROVIDERS), HARMLESS FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, INCLUDING REASONABLE ATTORNEYS' FEES, COSTS, EXPENSES OR DAMAGES RELATING TO DEFENDING SUCH CLAIMS, ARISING OUT OF OR RELATED TO A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION OR PARTICIPATION IN THE PROGRAM. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
