[STORAGEMART] TERMS AND CONDITIONS OF LICENCE
1. ABOUT THESE TERMS AND OUR SERVICES 1.1 These terms govern your licence agreement with us and apply to your use of: 1.1.1 Units: (a) Storage Units – units, lockers or other spaces located within our storage centres intended for the storage of Goods; and (b) Office Units – offices intended both for the storage of Goods relating to your business and for the conducting of general business activities; and 1.1.2 Parking Spaces – outdoor parking spaces intended for storage of Vehicles.
1.2 In these terms, when we refer to Goods, we are referring to any item that you store in a Storage Unit or Office Unit, any vehicle that you park in a Parking Space or any other item that you bring to our Premises.
1.3 We use the word Space to mean the relevant Unit or Parking Space as appropriate. The terms in this document apply regardless of which type of Space you have chosen, except where we specifically refer to a particular type of Space.
2. STORAGE OF GOODS 2.1 We grant you the right to use the Space that has been allocated to you (or such other Space as you may be allocated from time to time as described in paragraph 9) for the storage of Goods in accordance with these terms for the duration of your licence agreement.
2.2 The agreement comes into effect on the commencement date stated in the licence agreement.
2.3 You must only use the Space to store Goods which you own or which you are entitled in law to deal with as if you were the owner and you must not store Goods on behalf of any other person. In addition, where you are storing a Vehicle you must only do so if you are the registered keeper and you must on demand provide proof to us that you are the registered keeper.
2.4 If any other person claims that any of the Goods you store in the Space in fact belong to him or her or that he or she otherwise has any rights over those Goods (including the right to be notified of any action in respect of a Vehicle in his or her capacity as the registered keeper) we will be entitled, acting reasonably, to deal with any such claim as we consider appropriate and you agree to reimburse us for any payment that we make to that other person as a result of such claim and any costs, including legal and court costs, that we incur in dealing with that claim.
2.5 If you sell any Goods whilst they are in the Space it must be on the basis that the transfer of title only takes place after they have been removed from the Space, for example at the time of hand-over of the Goods (at a different location).
2.6 You are fully responsible for all Goods stored in the Space, and will be considered to have full knowledge of all Goods which are stored in the Space.
2.7 We provide you with the use of the Space, but we do not take responsibility for checking the Goods stored in the Space and therefore will not, and will not be considered to, have any knowledge of the Goods stored in the Space.
2.8 We will not in law be considered to have taken possession of the Goods from you or to be a bailee, custodian nor warehouseman of the Goods or in any other way responsible for them.
3. PRICE 3.1 No deposit is payable for the Space.
3.2 A one-off administration fee is payable, as stated in the licence agreement, on the day that you sign up to the licence agreement.
3.3 Use of the Space is subject to payment of the weekly licence fee. Although the licence fee is expressed on a weekly basis, for convenience we collect it monthly, the amount payable for each calendar month being 4.33 times the weekly licence fee.
3.4 You will be required to make your first payment of the licence fee on the day that you sign up to the licence agreement. This payment will cover the remainder of that calendar month (or, where the licence is not commencing on the date of the licence agreement, the period from the commencement date until the end of the relevant calendar month) and will be calculated on a pro rata basis.
3.5 Each subsequent payment will be due in advance by no later than the first day of the calendar month to which it relates (the Due Date). To reduce administration we do not normally issue monthly bills, so you should either diarise the Due Date or set up automatic monthly payments as described in paragraph 3.6. It is essential that you make payment on time as failure to do so may lead to you incurring additional fees, being refused access to the Premises and the Unit and to other consequences, as set out in paragraph 4 below.
3.6 We encourage all our customers to set up automatic monthly payments. If you do so, we will debit your account for the amount due up to 10 days prior to the Due Date. It is your responsibility to ensure that you have sufficient funds so that the payment will not be declined and to ensure that you provide us with updated payment details if your account arrangements change for any reason. If we are unable to collect any payment automatically, you will need to make payment manually by no later than the Due Date.
3.7 All payments must be made in full. We reserve the right to refuse to accept any partial payment which does not clear the full amount that is due to us.
3.8 Any payment that is sent to us without sufficient details for us to identify which customer it relates to, which is dishonoured or reversed in any way, or which we reject in accordance with paragraph 3.7, shall be considered not to have been made, and where payment is not validly made by the Due Date the late payment consequences shall apply in full.
3.9 If you take out insurance through us, the insurance charges are payable at the same time at the licence fee.
3.10 Other fees or charges may be payable as set out in these terms. Unless otherwise stated all other fees and charges are payable immediately.
3.11 Where you have entered into more than one agreement with us, we will consider all of the agreements to form a single account with us, and therefore any overdue payment will mean that your whole account is in arrears and will trigger the late payment consequences in respect of all Spaces.
3.12 Unless you expressly state that a payment is intended for paying a specific debt, we may apply it against any outstanding amount that you owe us.
3.13 We may change the licence fee or any other fees from time to time, provided that we give you at least 30 days’ notice. If you object to any changes, you may terminate in accordance with paragraph 14.1.
4. FAILURE TO MAKE PAYMENT WHEN DUE 4.1 Our Late Payment Process may lead to you incurring additional fees, being denied access to the Premises, the Space and Goods and ultimately to the sale or other disposal of your Goods. Please read this paragraph 4 very carefully so you understand the potential consequences of late payment.
4.2 Our Late Payment Process will automatically apply in any case where you fail to make payment of the licence fee (or any part of it) by the Due Date.
4.3 The Late Payment Process is as follows: 4.3.1 Day 3 - Re-program access codes and deny gate access (in the case of Parking Spaces, barrier entry / exit may be denied); 1st email late notice sent (Late Payment Fee incurred (being £10), or 10% of the overdue licence fee if greater) 4.3.2 Day 8 - 2nd email late notice sent (as courtesy – no charge) 4.3.3 Day 10 - Unit overlocked and account prepared to be sent to supervisor for lock cut approval (not applicable to Parking Spaces); late letter sent via first class post; beginning of sale or disposal process of Goods to satisfy the licence fee due (£15 Overlock Fee incurred (Units only)) 4.3.4 Day 20 - 1st collection attempt by telephone, email or SMS (as courtesy – no charge) 4.3.5 Day 35 - 2nd collection attempt by telephone, email or SMS (as courtesy – no charge) 4.3.6 Day 41 - Lock cut and inventory prepared of Goods in Unit (or, in the case a Parking Space, inventory prepared of Vehicle and other Goods left in Parking Space and/or Vehicle); notice of lien sent via recorded delivery (£40 Inventory Fee) 4.3.7 Day 60 - 1st sale or disposal notice email sent (as courtesy – no charge) 4.3.8 Day 80 - 2nd sale or disposal notice email sent (as courtesy – no charge) 4.3.9 Day 91 - Removal and sale of Goods via third party auction house, or disposal of Goods by other appropriate method (see paragraph 15).
4.4 The Late Payment Process is strictly followed and we will not normally be able to make exceptions. The days run from the first date of the relevant month, so for example “day 3” is a reference to the third day of the relevant calendar month.
4.5 The schedule above is an indicator of the earliest date on which we may carry out any particular action. It is not a guarantee that we will carry out the action on that specific date, and in practice an action may be carried out at a date later than that set out above.
4.6 To ensure that an action set out above does not occur, you must ensure we receive payment no later than 5pm on the previous day. If payment has not been received by 5pm on the previous day we reserve the right to immediately perform the appropriate action. For example, if payment is not received by 5pm on the second day of a month we may immediately re-program access codes and apply the Late Payment Fee and are not required to wait until 9am the following day.
4.7 The Late Payment Fee, Overlock Fee and Inventory Fee are automatically added to the outstanding licence fee. The commencement of the Late Payment Process will not affect your obligation to pay the licence fee or any other amount due to us, and the licence fee and insurance charges (if applicable) will continue to fall due on a monthly basis, and (if unpaid) be added to the outstanding sum. Once the Late Payment Process has been commenced, you must pay the full outstanding sum, including any amounts which have accrued since the original failure to make payment, to bring the Late Payment Process to an end and regain access to your Goods.
4.8 If you fail to pay the outstanding amounts by day 91 then, in addition to our other rights and remedies, we may treat any Goods left in the Space as abandoned and dispose of them accordingly.
4.9 The Late Payment Process does not affect any other legal rights we may have and we reserve the right to bring court action at any time where we consider it appropriate to do so.
5. ACCESS 5.1 You are entitled to access the Premises and the Space at any time during the Access Hours, as posted at the Premises and on our website. We may change the Access Hours from time to time, either temporarily or permanently, but (where possible) we will give you advanced notice by posting a notice at the Premises.
5.2 The following activities are only permitted during office hours and under the supervision of store personnel: (a) initial entry to the Space following commencement of the licence agreement and (b) leaving the Space for the final time following (or immediately prior to) termination of the licence agreement.
5.3 Whilst we will use reasonable efforts to enable access to the Premises and the Space during Access Hours, we cannot guarantee that this will always be possible, and access may be restricted or suspended from time to time, for example because of factors outside our control or because of maintenance work. You should therefore not store any Goods you may need to access urgently, such that the inability to access those Goods may cause you loss or damage of any type.
5.4 Entry to the Premises is conditional upon entering your personal access code. Following another person into the Premises without entering your access code, or allowing another person to follow you into the Premises without them accessing their access code, is strictly prohibited.
5.5 If you forget your personal access code you must obtain a new code from our personnel at the Premises.
5.6 The right to access the Premises and the Unit is restricted to Authorised Persons. Authorised Persons are you and any person who you nominate as an Authorised Person, either in the appropriate place in the licence agreement or on notice to us from time to time.
5.7 You are responsible for any act or omission of any other Authorised Person, or any person who gains access to the Premises or the Unit as a result of your acts or omissions (including using your access code or any key that you have for access). Any obligations imposed on you regarding conduct at the Premises and within the Unit (including those set out in paragraphs 6 and 7) apply equally to any other person accessing the Premises as described in this paragraph 5.7.
5.8 You must not in any way assist or enable any person other than an Authorised Person to access the Premises or the Unit, including (without limitation) allowing any person other than an Authorised Person to have access to the key to any lock on a Unit and/or to any access codes (each Authorised Person requires their own personal access code, which you must obtain from us). You must exercise all due care in safeguarding any key and access code and inform us immediately if you believe any key or access code to have been lost, stolen or in any other way compromised.
5.9 Access to the Premises and the Unit may be denied where any payment is overdue (see paragraph 4).
5.10 We reserve the right to (a) refuse to allow you to appoint any particular person as an Authorised Person, (b) revoke the appointment of any particular person as an Authorised Person, (c) demand the production of satisfactory identification before we allow any particular person access to the Premises or Unit or (d) refuse access to Premises or the Unit to any person, whether or not an Authorised Person, in each case wherever we consider it appropriate to do so to protect the Premises, your Goods and any other unit or other customer's goods.
5.11 We reserve the right to access the Unit (and/or, where appropriate, allow a third party to access the Unit) (a) to carry out repairs or alterations to the Unit or any other part of the Premises, (b) to relocate your Goods if we reallocate you to a different Unit, (c) in accordance with the Late Payment Process, (d) in the event of an emergency, (e) to prevent injury to persons or damage to property, (f) if we have reason to believe that you are storing prohibited Goods or using the Unit for a prohibited purpose, or (g) if we are obliged to do so by law or otherwise requested to do so by a competent authority such as the police, fire service, Trading Standards or HMRC.
5.12 Where we require access for a reason given in paragraph 5.11(a) or (b) we will give you at least 7 days’ notice and give you the opportunity to attend when we access the Unit. There is no requirement for us to give you advanced notice in any other case. Where we access the Unit without advanced notice, or where we give you advanced notice but you fail to make arrangements for us to access the Unit, we may break the lock to gain entry.
6. CONDUCT WHILST AT THE PREMISES 6.1 These conduct rules apply to everyone who visits the Premises. You are responsible for ensuring that any person who you allow to gain access to the Premises, or otherwise gains access as a result of your acts or omissions, complies with them (see paragraph 5.7).
6.2 When you are at the Premises you must at all times use reasonable care to avoid causing injury or distress to any person, damage to any property or any inconvenience or disruption. You must respect the Premises and any other customers and users, and comply with the reasonable directions of our employees and representatives and any rules or guidelines that are displayed at the Premises or otherwise notified to you regarding the use, safety and security of the Premises.
6.3 You must familiarise yourself with our emergency, safety and fire and escape routes and must in no circumstances block emergency exits in any way. Emergency exits must only be used in situations requiring emergency evacuation.
6.4 The speed limit for vehicles at the Premises is 5mph (or such lower speed as is safe in the circumstances). You must comply with all road traffic regulations.
6.5 Smoking, and the use of e-cigarettes, is strictly prohibited anywhere at the Premises (inside or outside). 7. USING AND SECURING THE SPACE 7.1 You must comply with all relevant laws and regulations as are or may be applicable to the use of the Space. This includes laws relating to the material which is stored and the manner in which it is stored. If we have reason to believe that you are not complying with all relevant laws we may take any action we believe to be necessary, including but not limited to contacting and cooperating with the relevant authorities and allowing them to take possession of the Goods and/or immediately disposing of or removing the Goods at your expense.
7.2 You must ensure the Space is suitable for the storage of the Goods you intend to be stored within it and we suggest that you inspect the Space before storing Goods and periodically during the storage period. We cannot guarantee that any unit is suitable for any particular goods and we accept no liability in this regard.
7.3 The dimensions and other specifications given for the Space on our website, in our marketing material and (if stated) in the licence agreement are approximate. Individual spaces may vary slightly from the standard specification and therefore if the exact dimensions of the Space are of particular importance to you, you must check the Space before you sign up to the licence agreement.
7.4 If you have taken a licence for a special discounted Space (as identified in the licence agreement), you acknowledge and understand that the reason why the Space is discounted is because there are some problems or adverse conditions affecting the Space. These may include flooding, leaking, extreme temperature changes and moisture build up and condensation on the floor and wall and any other conditions detailed in the licence agreement or otherwise notified to you in writing. These conditions could lead to damage to Goods that you store in the Space. You acknowledge that you are receiving a substantial monthly discount for this Space and that in exchange for this discount you agree we will not be responsible for any damage that occurs to your Goods as a result of these conditions.
7.5 If the Unit is climate controlled it will be heated and/or cooled depending on outside temperature. However, these Units are not intended to provide guaranteed constant internal temperature or humidity control and we do not warrant that the temperature or humidity in the Unit will remain within any particular range. Our climate controlled Units are therefore not intended for Goods which may suffer damage if the temperature or humidity exceeds a certain range and if you do choose to store this type of Goods you do so at your own risk.
7.6 If your licence is for a Unit: 7.6.1 you must maintain the Unit and keep it clean and in a state of good repair; 7.6.2 all Goods must be stacked in a safe way and must not place any pressure on the wall of the Unit; 7.6.3 you are solely responsible for providing a secure cylinder lock or padlock for the Unit and ensuring that it is locked so as to be secure from unauthorised entry at all times when you are not in the Unit; 7.6.4 you must not under any circumstances apply a second lock or apply a lock in any position other than that specifically provided for the purpose; and 7.6.5 we cannot take responsible for removing your lock, for example if you lose the key, and if we do provide assistance we may make a charge for this.
8. PROHIBITED GOODS AND USAGE 8.1 You must not store (or allow to be stored) any of the following in a Space: (a) food or perishable goods unless securely packed so they are protected from and do not attract vermin, (b) any living creatures, (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases or batteries, (d) firearms, explosives, weapons or ammunition; (e) fireworks; (f) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances, (g) any item that emits fumes or odours, (h) refuse or other waste materials, (i) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols or cosmetics), (j) goods which are environmentally harmful or that are a risk to the property of any person; (k) currency, deeds, securities, stocks and shares, (l) jewels, fur, art objects or collection pieces, and (m) items which are irreplaceable by their unique nature or significant value to you, for example due to personal or sentimental reasons.
8.2 You may not store car or motorcycle wrecks in a Unit. You may store cars or motorcycles that are not wrecks in a Storage Unit provided that you place a protective tray or mat approved by us under the car or motorcycle to prevent damage caused by oil leaks. You should also be aware that cars and motorcycles must be separately insured as they will not normally be covered by ordinary goods insurance.
8.3 A Parking Space is intended for the storage of one Vehicle. You must not use the Parking Space for the storage of any other type of Goods. You must not leave any items of value in the Vehicle, or for the avoidance of doubt any items which themselves fall within any of the prohibitions set out in paragraph 8.1 (except that the Vehicle may have a normal level of petrol, diesel, oil and other fluids as reasonably required to operate the Vehicle).
8.4 Where you are using a Unit, you should be aware that each floor in the Premises has a maximum load capacity. If you are storing heavy items you must discuss this with our personnel at the Premises before bringing the items into the Premises and we reserve the right to prohibit the storage of any item which would cause the maximum load capacity to be exceeded or would represent an unfair contribution towards the floor’s maximum load capacity such that other customers may not be able to make reasonable use of their own Units.
8.5 You must use the Space solely for the purpose of storage (and, in the case of an Office Unit, for the type of ordinary business purposes that an office would normally be used for) and shall not (or allow any other person to): (a) use the Space as living accommodation or as a home, registered office or mailing address, (b) except in the case of an Office Unit, use the Space as an office or conduct any commercial activity from the Space (other than the storage of Goods for use in your business), (c) use or do anything at the Premises or in the Space which may be a nuisance to us or any other person (including anything which could cause the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Space, other than, in the case of a Parking Space, the ordinary noise inherent in driving the Vehicle into or out of the Space), (d) use the Space for or in connection with any illegal, unlawful or immoral activities, (e) use or do anything at the Premises or in a Space which may invalidate or increase premiums under any insurance policy we or any other person may have, (f) paint or make alterations to or attach anything to the internal or external surfaces of a Unit or to the surface of Parking Space, (g) connect or provide any electrical appliances, utilities or services to the Space unless we authorise you to do so (and any authorised electrical appliances must be switched off in your absence), or (h) cause damage to the Space or any part of the Premises (which includes by removal, haulage or delivery contractors) or create any obstruction or leave items or refuse in any common space within the Premises.
8.6 We may refuse to permit you to store any Goods (or require you to collect any Goods) if in our opinion storage of such Goods creates a risk to the safety of any person or to any property.
9. RELOCATION OF SPACE 9.1 Nothing in this agreement grants you any lease or tenancy of the Space, or any right to have a specific Space. You are not given exclusive possession of the Space.
9.2 If you are signing up for the Space in advance (your licence does not start immediately upon signing the licence agreement) then on commencement of your licence we may need to allocate you a different Space to the one that we proposed when you signed the licence agreement. You may refuse this Space and cancel the licence agreement if the alternative Space is not suitable for any reason, but you must do this prior to commencing use of the Space.
9.3 From time to time during the term of your licence we may reallocate you to a different Space within the Premises. In this case, we will give you at least 15 days' notice, unless an incident has occurred that requires the Space (or access to the Space) to be closed, in which case we may move you on shorter notice.
9.4 Unless circumstances have occurred making it unsafe for you to access your old Space, you will be entitled to move your Goods to the new Space yourself, and if you reasonably incur costs in doing so (for example the Goods are of a type that you could not move yourself and you therefore have to engage contractors to do so) we will pay your reasonable relocation costs, subject to written approval from us in advance.
9.5 If you do not move the Goods by the required date, or it is unsafe for you to access your old Space, we will move your Goods at no charge. We will use reasonable care in moving the Goods but cannot be responsible for any damage caused unless it is caused deliberately or negligently.
9.6 From the date of the move your licence will be to use the new Space, not the old Space, but other than that the terms of your licence agreement will be unaffected. Your licence fee will not change unless you asked us to move you to a different type of Space (for example a bigger Space) and we agreed to do so.
9.7 Where we need to relocate you (either at the time your licence commences or subsequently) and we cannot find a suitable alternative Space then we may suspend your licence agreement until we can find a suitable Space. You will not be responsible for any licence fees during the period of any suspension and if you are dissatisfied with the suspension you may terminate the licence agreement on notice to us.
10. RISK AND RESPONSIBILITY 10.1 We cannot be responsible for any loss or damages you suffer resulting from an inability to access the Premises or the Space, unless we deliberately prevent you from doing so in circumstances where we are not entitled to do so.
10.2 You acknowledge that the Goods are stored at your sole risk and you have sole responsibility for them. You must either arrange insurance through us or arrange your own insurance (see paragraph 11). You bear the risk of anything which may happen to cause the loss, damage or deterioration of the Goods, including theft or fire. We will only be responsible to you for loss or damage caused by our negligence or breach of these terms (subject to the limitation in paragraph 10.4).
10.3 The value of the Goods that you store in the Space must not exceed the value covered by your insurance and in no case must exceed the maximum value stated in the licence agreement without our written consent. If despite this you choose to store Goods with a value in excess of the amount covered by insurance or in excess of the maximum value this is entirely at your own risk and we cannot provide insurance coverage or accept liability as a result of your decision to do so.
10.4 On the basis of paragraph 11.4 and your agreement to take out and maintain appropriate insurance, we agree that if you suffer loss or damage to the Goods, or any other loss or damage, as a result of our breach of your licence agreement, our negligence or any other default on our part we will be liable to you up to the sum of £100 per incident. We will have no greater liability than this to you for any claims arising out of our in connection with your licence agreement except as stated in paragraphs 10.7 and 10.9 (but this does not affect your rights under paragraph 11 where you arrange your insurance through us).
10.5 We will not be responsible for any delay, failure, loss or damage caused by circumstances beyond our reasonable control, such as terrorist attack, riot, strike, accident, fire, flood, adverse weather conditions, power failures, temporary technical failure, environmental or health hazard, changes in the law or acts of the government or regulatory authorities. We will however try to minimise any effects arising from such circumstances.
10.6 You must compensate us in full for any claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal fees) that we incur as a result of or in connection with your use of the Space (or that of any person you allow or enable to have access to the Premises).
10.7 If you are a consumer (you are an individual licensing the Space wholly or mainly for personal / non-business purposes) you have additional rights given to you by law and nothing in this agreement is intended to override or exclude any of those rights or to limit our liability in respect of breaches of those rights.
10.8 If you are not a consumer (for example, you are using the Space for business purposes) then: 10.8.1 we cannot be responsible for any consequential loss (that is, loss of a type that would not ordinarily arise out of an agreement of this nature, even if we had reason to know it may arise due to special circumstances relating to your use of the Space), loss of profits, loss of opportunity, loss of anticipated savings, lost reputation or business interruption that you suffer; and 10.8.2 the warranties set out in these terms are the only warranties that we give you and are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise.
10.9 Nothing in this paragraph 10, or otherwise in your licence agreement, operates to limit or exclude our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation or any other type of loss or damage for which we are not entitled to limit or exclude or liability under English law.
11. INSURANCE 11.1 We require that you put in place and maintain insurance for the Goods. This insurance must either be arranged through us or independently with a reputable insurer and must be sufficient to cover at least the replacement value of all the Goods that you have stored in the Unit at any time or any Vehicle you have stored in the Parking Space (as applicable). You must pay all insurance premiums on time and not let your insurance lapse or do anything which may invalidate it.
11.2 You must carefully monitor the value of Goods stored in a Unit from time to time and if you have any reason to believe that the value may exceed the amount covered by your insurance you must immediately either remove Goods to bring the total value back within the insurance limits or increase the sum insured on your insurance policy.
11.3 If you decide to arrange your insurance through us: 11.3.1 we will take out and maintain a contract of insurance in accordance with the summary of insurance document we provide to you; 11.3.2 this will provide cover for the Goods up to the maximum permitted value of the Goods stated in the licence agreement (but please be aware any agreement on our part to you storing Goods exceeding this value will not increase the insurance cover limit beyond the value stated in the licence agreement unless we state otherwise); 11.3.3 we do not carry out any valuation of the Goods and it is your responsibility to ensure that the value of the Goods does not exceed the maximum permitted value; 11.3.4 if any loss or damage occurs which may result in a claim under our insurance policy, you must notify us promptly, and upon receipt of that notice we will promptly notify our insurer of the claim; 11.3.5 to enable the claim to be processed, you must provide us, our insurer and any agent of our insurer who is appointed to investigate the claim with such information and evidence as may be reasonably required in relation to the claim; 11.3.6 we will pay or arrange for payment to you of that part of any proceeds of any claim we may which relates to loss or damage to your Goods (after we deduct any sums due from you to us); 11.3.7 if we do make a claim under our insurance in accordance with this paragraph 11.3, our liability to you is limited to the amount that we recover from the insurance company in relation to your Goods; 11.3.8 whilst we agree that if you notify us of loss or damage covered by the insurance policy we will notify a claim to our insurer, we are not required to start any legal proceedings in relation to any such claim; 11.3.9 nothing in these terms makes us your agent for these purposes; and 11.3.10 if you fail to pay any insurance charges as they fall due then any insurance cover in respect of the Goods will cease to apply immediately from the date on which such charges become overdue; and 11.3.11 the terms set out in the insurance annex will apply.
11.4 If you obtain your own insurance the insurance policy you obtain should have an excess of no more than £100 (if you choose to take insurance cover with a higher excess, you understand that you are taking the risk for any additional loss that you suffer and are unable to recover on your insurance policy as a result).
11.5 If you obtain your own insurance we will normally inspect your insurance documents prior to or immediately after the time that you sign up to the licence agreement, and reserve the right to ask to see your insurance documents at any other time. If you are unable to promptly produce the documents when requested we will be entitled to assume that you do not have insurance. Our decision as to whether your insurance cover is sufficient to fulfil your obligations under this paragraph 11 will be final, but for the avoidance of doubt our approval of your insurance only means that it is satisfactory for our purposes and does not guarantee that it will be sufficient to cover any loss that you may suffer or that you will in fact be able to make a recovery under that policy.
12. PERSONAL DATA 12.1 During the term of your licence agreement we will collect and hold information about you, including personal data. We agree to process your personal data in accordance with the Data Protection Act 1998 and any successor or replacement legislation.
12.2 We will use your personal data to process payments, communicate with you and generally maintain your account.
12.3 If you arrange insurance through us, we will pass your personal data onto the insurer, who may enter your data onto a register of claims shared with other insurers to prevent fraudulent claims.
12.4 We may also release personal data and other account details from time to time (a) if required by law or a competent regulatory authority, (b) in the enforcement of this agreement, (c) for fraud prevention and credit risk reduction, (d) for crime prevention or detection, (e) to protect the safety of any person at the Premises, or (f) if we consider that the security of any unit at the Premises or its contents may otherwise be put at risk.
12.5 If you agree, we may also use your personal data for marketing purposes to inform you of products or services that we believe may be of interest to you. You can opt out of this by ticking the relevant box in the licence agreement or subsequently at any time on written notice to us.
13. NOTICES AND COMMUNICATION 13.1 Where we need to serve notice on you under this agreement or otherwise to communicate with you about the Space, we may do this in various ways: 13.1.1 we will normally contact you by email or SMS, unless you have specifically requested that we do not; 13.1.2 alternatively, we may contact you by post or by handing you a copy of the notice or other correspondence; 13.1.3 if we need to contact you urgently or to discuss something, we may phone you; and 13.1.4 general notices about access to the Premises and similar may be displayed at the Premises. Where a specific method is set out in these terms for serving any particular type of notice, we will use that method. Where we are serving a contractual notice on you we will always do this by a method set out in paragraph 13.1.1 or 13.1.2.
13.2 You must let us know immediately if any of your details change. Provided that we send the notice to the email address, mobile number or postal address that you have provided to us we will be entitled to assume that you have received it. Notices given by email or SMS will be considered received one hour after sending and notices by post 48 hours after posting.
13.3 If we have reasonable grounds to believe that you are not receiving notices that we are sending you, or if we need to contact you urgently and are unable to, we may alternatively (but do not have to) contact the alternate contact person you have nominated. You agree that we may discuss any details about the Space and (where we consider it reasonable to do so) your personal data with the alternate contact person, and that we may accept instructions about the Space from the alternate contact person as if they were given by you.
13.4 If you need to serve notice on us under this agreement or otherwise communicate with us about the Space, you should write to us by post to *Ingleby House, Crowhurst Road, Brighton, BN1 8AF. For general queries you may contact us at the Premises, but please be aware that contractual notices must be sent by post to the address above. We may update the postal address for you to send notices to at any time on written notice to you.
14. TERMINATION 14.1 We operate a flexible service and your licence agreement is not intended to create any long term obligations on either you or us. Accordingly, either you or we may end your licence agreement at any time on not less than 15 days’ written notice to the other.
14.2 In addition, we may terminate the licence agreement immediately upon written notice to you if we discover or have reason to suspect that you (a) are using the Space in an illegal or unlawful manner or for the furtherance of illegal or unlawful purposes, (b) have committed a serious breach of these terms, (c) have done anything or are about to do anything which may place the security and safety of our Premises, personnel and/or other customers in danger, (d) have committed any breach of these terms and failed to rectify it within 15 days of us asking you to do or (e) have experienced any kind of insolvency event (such as making an arrangement with or entering into a compromise with your creditors, becoming the subject of a voluntary arrangement, receivership, administration, liquidation or winding up, being unable to pay your debts or otherwise becoming insolvent or suffering or being the subject of any distraint, execution, event of insolvency or event of bankruptcy or any other similar process or event).
14.3 If you are a consumer (you are an individual licensing the Space wholly or mainly for personal / non-business purposes) and you enter into the licence agreement online, via telephone or by other distance means you have the following additional cancellation right: 14.3.1 you may cancel your licence agreement within 15 days from the day of the conclusion of the agreement without giving any reason; 14.3.2 to exercise the right to cancel, you must inform us of your decision to cancel the agreement by a clear statement (eg a letter sent by post, fax or email - see paragraph 13 for details as to how to contact us); 14.3.3 to meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired; 14.3.4 if you have chosen a licence commencement date before the end of the cancellation period, you are expressly requesting us to commence providing services before the expiry of the cancellation period: making this decision does not mean that you lose your right to cancel, but if you do choose to cancel after the licence commencement date you must pay us an amount which is in proportion to the number of days that you have used the Space for (so the weekly licence fee divide seven multiplied by the number of days), plus any other costs that you have incurred during the period between the licence commencement date and the date on which you cancelled. 14.3.5 if you cancel this contract in accordance with this paragraph 14.3, we will reimburse all payments received from you (minus any payment that we are entitled to deduct in respect of your usage of the Space, as explained in paragraph 14.3.4) without undue delay and in any event not later than 14 days after the day on which we are informed about your decision to cancel the agreement; and 14.3.6 we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
14.4 If you or we terminate the agreement whilst the Late Payment Process is in progress, or the Late Payment Process commences during any notice period, you will not be able to collect your Goods until you have paid the amounts due. Your Goods will therefore be retained within the Space until payment has been made or they have been disposed of in accordance with paragraph 15, and you will remain responsible to pay the licence fee and any other fees incurred during this period.
14.5 You must remove all Goods from the Space: 14.5.1 if you or we terminate in accordance with paragraph 14.1, by 5pm on the date that the agreement terminates; 14.5.2 if we terminate immediately in accordance with paragraph 14.2, within 24 hours of us terminating the agreement; 14.5.3 if you cancel the licence agreement in accordance with paragraph 14.3, prior to serving the notice of cancellation; or 14.5.4 if the Late Payment Process prevents you collecting your Goods at termination, within 24 hours us notifying you that you can collect your Goods following payment by you of the outstanding amounts.
14.6 You must leave the Space clean and in a good state of repair to our satisfaction. You must check the Space carefully to ensure that you have cleared it of all Goods, and leave it empty, including free from any refuse. If you leave any Goods in the Space, we will assume that you have abandoned those Goods and that you are happy for us to dispose of them. Please see paragraph 15 regarding the disposal of Goods abandoned in the Space.
14.7 Termination of this agreement will not relieve either you or us of any outstanding liability which we or you had at the date of the agreement, including (in your case) to pay the licence fee up to the date of termination.
14.8 Following termination of this agreement (or following the date on which you notify us that you have vacated the Space, if earlier) we will inspect the Space to check that it has been properly vacated in accordance with this paragraph 14. If you have left any lock on a Unit, we may cut this off to access the Unit.
15. DISPOSAL OF GOODS 15.1 This paragraph 15 describes the circumstances in which we may dispose of your Goods, and how we may do so. Please read it carefully.
15.2 We may dispose of Goods you leave in the Space or the Premises in two circumstances: 15.2.1 where we reach the last stage of our Late Payment Process and you have debts to us that remain unpaid (as described in paragraph 4.3.9); or 15.2.2 where you have abandoned the Goods, either by leaving them in the Space following termination of the agreement (as described in paragraph 14.6) or by leaving Goods unattended outside of the Space at any time.
15.3 Where disposal is in accordance with our Late Payment Process, we will dispose of your Goods strictly in accordance with the rules set out in this paragraph 15. Where the Goods have been abandoned we will not be required to follow this process and may dispose of the Goods immediately in any way we consider appropriate and without any liability to you. In this case, you will be responsible for any costs we incur in disposing of the Goods (see paragraph 15.8 for details of our charges when disposing of Goods).
15.4 When preparing an inventory of the Goods we will use reasonable efforts to ensure that we prepare an accurate and complete inventory. However, we cannot guarantee that we will correctly identify all Goods, particularly those which are unusual or rare or where the value may be unclear.
15.5 Following the preparation of the inventory we will, acting reasonably, assess whether each of the Goods that we have identified are suitable for sale. Examples of reasons why we may consider Goods unsuitable for sale are if (a) they have little or no financial value, (b) the cost of selling them is otherwise likely to exceed the amount that would be recovered from the sale, (c) they are unlikely to attract a buyer in the open market, (d) they contain confidential or personal information or other content that would make them inappropriate to sell or (e) it would be illegal, unlawful or otherwise inappropriate to sell the Goods.
15.6 If you have any reason to believe that any of the Goods are unsuitable for sale, for example because they are dangerous, unlicensed, of no value or contain confidential or personal information you must let us know as soon as you become aware that we intend to sell them (on receipt of the notice of lien under paragraph 4.3.6). If you do not notify us that any particular Goods are unsuitable for sale and provide the specific reason why they are not suitable for sale then you will be responsible for reimbursing us for any claim, loss or damage we suffer as a result of selling or attempting to sell those Goods. If you do notify us of a specific reason why particular Goods are not suitable for sale we will take this into account but reserve the right to sell or attempt to sell the Goods at our own risk.
15.7 Where we consider that Goods are suitable for sale, we will arrange for them to be sold via a third party auction house. You will be responsible for any costs that we incur in selling the Goods (including transportation and auctioneer’s fees), but you will be entitled (once any debts you owe to us have been paid) to any money made from selling the Goods
15.8 Where we consider that Goods are unsuitable for sale, or where they fail to sell, we will destroy them or dispose of them by other suitable means. You will be responsible for any costs we incur in disposing of the Goods. We will normally charge £30 per cubic metre for disposing of Goods that are not sold, but reserve the right to recover a higher amount where we incur a higher charge due to the nature of the Goods, such as Goods that must be disposed of in a particular way.
15.9 If the amount that is made from selling the Goods is insufficient to cover any amount that you owe us, we will retain the sale proceeds in full against your debt, and you will be responsible for paying the outstanding amount to us.
15.10 If the amount that is made from selling the Goods is more than is required to pay the amount you owe to us we will deduct the amount due to us and the remaining balance will be due to you. In this case we will notify you of the amount due and ask for details as to how we may make payment to you. If you do not provide payment details within one year of the date that we notify you an amount is due to you we will assume that you do not wish to claim the money and will be entitled to retain it as our own money.
16. GENERAL 16.1 We have prepared this document to explain and describe all of the terms that apply between you and us. You and we each agree that no other document applies to the relationship between you and us and that neither you nor us have entered into this agreement in reliance upon any representation made by the other.
16.2 If we decide not to exercise or enforce any right that we have against you at a particular time, this does not prevent us from later deciding to exercise or enforce that right unless we tell you in writing that we have waived or given up our ability to do so.
16.3 It is not intended that anyone other than you and us will have any rights under this agreement and accordingly it will not be enforceable by any other person.
16.4 If any court or competent authority decides that any of the provisions in this agreement are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.5 You may not assign or transfer any of your rights under this agreement or sub-licence or share the use of the Space.
16.6 We may update or replace these terms, or add additional terms, from time to time. If we do we will provide you with not less than 30 days’ notice of the change. If you are not happy with the change for any reason you may terminate the agreement in accordance with paragraph 14.1 to bring the agreement to an end before the new terms come into effect. If you do not serve notice in accordance with that paragraph, or your notice is stated as bringing the agreement to an end after the date on which the new terms come into effect, the new terms will take effect between you and us from the date we specified. 16.7 This paragraph
16.7 constitutes notice to you that we may have charged all of our rights in respect of your licence agreement under a security document. You should continue to deal with and comply with the terms of this agreement and deal with us in the ordinary course until you receive written instructions to the contrary.
16.8 We are proud to be a member of the Self Storage Association UK (the SSA). More information about the SSA, the benefits of using an SSA member and the minimum standards that SSA members must conform to can be found on the SSA website, www.ssauk.com.
16.9 This agreement is between the person named as the "customer" in the licence agreement, and references to "you" are to that person. If more than one person is named as the customer, references to "you" will be to each person, both individually and jointly.
16.10 This agreement (including any associated non-contractual disputes or claims) is governed by English law and both you and we accept the exclusive jurisdiction of the English courts in relation to any dispute arising under or in connection with this agreement.