DEFINITIONS

'Site Opening Hours” means between the hours 08.00 to 17.00 Monday to Friday or such other times as the Licensor shall, in its sole discretion, decide.
“Goods” means anything stored in the Unit at any time during the Agreement
“The Licence Period” means the period from the Commencement Date to the Termination Date or the date upon which the Agreement is otherwise determined

Expressions defined or given meanings in the Agreement shall have those meanings where used in these Terms and Conditions

2 ACCESS AND USER

2.1 Throughout the Licence Period the Unit is, during Site Opening Hours only, available to the Licensee for the storage of Goods

2.2 Only the Licensee and persons authorised in writing or accompanied by the Licensee will be allowed to have access to the Unit. The Licensee is responsible for all actions of their agent(s). The Licensor may refuse access to the Licensee or their agent(s) at any time if the Licensor considers that the safety of any person on the Site or the security of the Unit, its contents or other units or their contents will be put at risk.

2.3 The Licensee permits the Licensor and its agent(s) and/or contractors to enter the Unit and if necessary break the lock to gain entry if the Licensor gives the Licensee seven days notice (except in the case of emergency when no notice would be needed) that it intends to inspect the Unit or carry out repairs, maintenance, alterations of the Unit or the replacement of it or any other units or any part of the Site.

No notice will be required to be given by the Licensor to the Licensee :

if the Licensor reasonably believes that the Unit contains Goods described in Conditions 2.4 or 2.5
such entry is incidental to the powers reserved by Condition 10.2 and/or 2.12 and/or 3.4 hereof
entry is needed to prevent injury or damage to persons or property
if the Licensor is required to do so by the police, fire services, local authority or by Court Order

2.4 The Licensee shall not store any Goods in the Unit that, in the opinion of the Licensor, put at risk the safety of any person on the Site, the security of the Unit or its contents, or other units or their contents.

2.5 The Licensee must not store any livestock, perishable, dangerous, highly inflammable, volatile, toxic, noxious, illegal goods or any other goods not approved by the Licensor.

2.6 Smoking is strictly prohibited in the Unit

2.7 The Licensee shall ensure that any action taken does not cause nuisance, inconvenience or annoyance to the Licensor, other customers of the Licensor or any other person authorised by the Licensor. The Licensee shall be responsible for any damage to the property of the Licensor and/or any other person or for any injury to persons occasioned from the actions of the Licensee.

2.8 The Licensee shall not part with possession, sell, assign, mortgage or let the Unit (or any part thereof).

2.9 The Licensee is responsible for removal of all rubbish resulting from activities on the Site and must maintain the area around the Unit in good order. Failure to do so may result in a charge for cleaning or removal of rubbish.

2.10 The Licensee shall not carry out any activity on the Site or in the Unit save and except for the purpose of storage of the Goods. The Licensee shall not carry on any business or trade from the Unit.

2.11 The Licensee will comply with operational conditions of the Site.

2.12 At the request of the Licensor its agents or servants, the Licensee shall remove the Goods to any other unit designated by the Licensor, and if the Licensee fails so to do, the Licensor its agents or servants may remove the Goods as agents for the Licensee.

3      RENTAL AND PAYMENT TERMS AND DEPOSIT TERMS

3.1   The Licence Period shall bea minimum period of one week. If the Licence Period is less than one calendar month, the Licence Fee shall be payable for the whole month in advance. If the Licence Period is longer than one calendar month , the Licensee shall pay the Licence Fee in advance, in respect of the number of days remaining in the current calendar month and the following calendar month. Thereafter, the terms of payment are one calendar month in advance.

3.2   Payment is calculated on the number of days in a calendar month. Parts of a week will be charged pro-rata.

3.3   If this Agreement is terminated at any time within the Licence Period in accordance with clause 9.1, the Licensee will be entitled to a refund of part of the Licence Fee paid for each complete week that the Unit is not in use from the Termination Date. The Licensee shall not be entitled to a refund of the Licence Fee paid if the Agreement is terminated by the Licensor in accordance with clause 9.2.

3.4   In the event that any payment by the Licensee to the Licensor is due and outstanding for more than 14 days the Licensor shall be entitled to prevent the Licensee from having access to the Goods in the Unit until such time that all outstanding payments are paid by the Licensee. The Licence Fee shall continue to apply during such time that the Goods are stored in the Unit pending receipt of the outstanding payment from the Licensee. The Licensor may, at its own discretion, exercise a lien on the Goods. If, after written demand, the Licensee still fails to settle the total sums due to the Licensor, the Licensor may, as agents of the Licensee, enter the Unit, remove the Goods and sell the Goods and be entitled to retain all proceeds of sale towards settlement of the sums due and payment of any costs incurred in taking such action. The Licensee hereby indemnifies the Licensor against any liability incurred by it to a third party whose property shall have been sold by the Licensor in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such property belongs to the Licensee.

3.5   The Licensee shall pay to the Licensor a deposit as security against the failure by the Licensee to return keys and access fobs to the Licensor on the Termination Date. Subject to payment of all sums due to the Licensor under the Agreement and compliance by the Licensee with all stipulations included in the Agreement the Licensor will refund the deposit without interest to the Licensee at the address of the Licensee as stated in the Agreement (unless otherwise advised) within 14 days of the Termination Date. Any sums due to the Licensor under the Agreement including without limitation, the costs of any repair and/or cleaning of the Unit as a result of the Licensee’s use of the same shall be deducted from the deposit.

3.6 The Licensor reserves the right to request a deposit as security against the satisfactory performance of the obligations of the Licensee under the Agreement. The Licensor will refund any such deposit without interest to the Licensee at the address of the Licensee specified in the Agreement (unless otherwise advised) within 14 days of the Termination Date. Any sums due to the Licensor including, without limitation, the costs of any repair and/or cleaning of the Unit as a result of the Licensee’s use of the same shall be deducted from the deposit.

3.7 The Licensee shall, on demand by the Licensor, pay to the Licensor interest on sums not paid on their due dates under this Agreement from the due date up to the date of actual payment at the rate of 4% above the base rate from time to time of Lloyds TSB Bank plc.

3.8   The Licensor reserves the right to amend the weekly Licence Fee at any time during the Agreement upon providing the Licensee with previous written notice

4      LOADING AND UNLOADING

The Licensee is responsible for the loading and unloading of the Unit.

5      MAIN SERVICES

Main services are not connected to the Unit and the Licensee shall not attempt to arrange temporary or permanent connection of main services to the Unit under any circumstances.

6      MAINTENANCE, CARE AND ALTERATIONS

6.1 If at any time during the Licence Period the Licensee wishes to replace the Unit then provided the Unit is returned to the Licensor clean and in good and sound condition and provided other units are available, then the Licensor will endeavour to provide an alternative unit. If there are no alternative units available the Licensor may terminate the Agreement in accordance with the provisions of clause 9.1, however, it will not be a basis of a claim against the Licensor for costs arising from the fact that alternative self-storage arrangements are not available. If an alternative unit is available then the Licence Fee will be adjusted accordingly.

6.2   The Licensee shall be responsible for maintaining the Unit to the standard as at the Commencement Date (or following repair or improvement), for using the Unit in a reasonable manner and returning the Unit on the Termination Date in a good condition (fair wear and tear excepted). The Licensee is responsible for all loss or damage to the Unit caused by actions or negligence of the Licensee and the Licensee’s agents, servants, employees and/or invitees.

6.3 The Unit must not be altered or modified by the Licensee in any way.

7      REPAIRS

The Licensee shall not attempt to repair the Unit and shall inform the Licensor immediately of any loss, damage or repairs needed to the Unit. The Licensor will deal with repairs as soon as reasonably practicable or, at the discretion of the Licensor and subject to availability, to offer an alternative unit. The Licensor may also suspend further use by the Licensee of the Unit in need of repair until such repairs may be carried out. The need for repairs may be a fair basis for cancellation of this Agreement however it will not be a basis of a claim against the Licensor for costs arising from the non-availability of an alternative unit.

8 WARRANTIES

8.1 No warranties or conditions other than specifically set forth shall be implied or deemed incorporated in or form part of the Agreement. The Licensee admits that no representations have been made to him by or on behalf of the Licensor which may have induced him to enter into this Agreement.

8.2 The Licensor accepts no responsibility for any loss or damage to the Unit or its contents due to, or arising from, any cause other than due directly to a defect of the Unit or if it can be proved it has occurred as a direct result of negligence on the part of the Licensor or its agents. This includes, without limitation, damage or loss due to condensation, extreme weather or other external conditions.

8.3 The Licensor shall not be responsible for any damage or loss whatsoever in relation to the Licensee, the Licensee’s agents, servants, employees invitees or goods. The Licensee shall be solely responsible for their safety and that of their agents, servants, employees and/or invitees and of the security of the Unit and its contents.

9 TERMINATION

9.1 The Agreement can be terminated by either party upon giving to the other not less than one week’s written notice at any time after the first week of the Licence Period.

9.2 The Licensor shall be entitled to terminate the Agreement forthwith should:

(a) The Licensee fails to comply with any of the conditions herein

(b) The Licensee is committed for any act of bankruptcy or levy against the

Licensee of any distress or execution or, in the case of a limited company, goes into liquidation

(d) The Licensee puts into jeopardy or prejudices in any way the Licensor’s

interest in the Unit through any act or omission on his part.

10 FOLLOWING TERMINATION

10.1 At the Termination Date the Licensee shall return the Unit to The Licensor empty and in good condition (except for fair wear and tear). The Licensee shall be responsible for any costs incurred by the Licensor in removing and disposing of the Goods left behind by the Licensee and restoring the Unit to good condition including, without limitation, cleaning, removal of rubbish and making good any damage caused including by break-in or attempted break-in.

10.2 If, after the Termination Date, Goods remain in the Unit and the Licensee fails to remove them within 7 days after being requested in writing by the Licensor to do so:

The Licensor may as agent of the Licensee sell the Goods and the Licensee will indemnify the Licensor against any liability incurred by it to any third party whose property shall have been sold by the Licensor in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such property belonged to the Licensee
The Licensor shall be entitled to retain all proceeds of sale in settlement of any costs and/or charges due from the Licensee to the Licensor or, if the Licensor having made reasonable efforts, is unable to locate the Licensee, the Licensor shall be entitled to retain such proceeds of sale absolutely
The Licensee shall indemnify the Licensor against any damage occasioned to the Unit and any actions claims proceedings costs expenses and demand made against the Licensor caused by or related to the presence of the Goods in the Unit.

10.3 If, on the Termination Date, any Goods remain in the Unit the Licensor may, at its own discretion, exercise a lien on the Goods and only release the lien and allow the Licensee to remove the Goods when all outstanding payments due to the Licensor have been paid.

11    INSURANCE AND INDEMNITY

11.1UNLESS OTHERWISE EXPRESSLY AGREED THE LICENSEE IS RESPONSIBLE FOR ARRANGING INSURANCE OF THE GOODS

11.2Where the Licensor suffers loss as a result of damage to or loss of the Unit (or part thereof) fencing, gates, barriers or any other property owned by the Licensor or other licensees as a result of acts or negligence of the Licensee then the Licensee shall be liable as follows:

(a)    If the damage can be economically repaired, the cost of making good the said damage.

(b) In any other case, in compensating the Licensor for all loss suffered as a result of the loss or damage.

12    IDENTIFICATION MARKS

The Licensor reserves its right to retain its mark or plate on the Unit identifying the Unit as the property of the Licensor and the Licensee shall not deface, remove or cover up the same.

13    CCTV SYSTEM

13.1 The Licensor operates a CCTV system on the Site. Images are being monitored and recorded for the purposes of crime prevention and safety. The Licensee consents to the Licensor operating this system

13.2 The Licensee acknowledges that they have been provided details of how to make a subject access request, how to complain about the operation of the CCTV system or its failure to comply with the requirements of the relevant code and how to obtain a copy of the code.

14    DATA PROTECTION ACT 1988

The Licensor is a Data Controller for the purposes of the Data Protection Act 1998. The Licensor acknowledges that the appropriate treatment of personal data is essential in maintaining confidence with its customers. Any personal data which the Licensor collects, records or uses in any way will have appropriate safeguards applied to it to ensure the Data Protection Act 1998 is complied with

15    ERRORS AND OMMISSIONS

Whilst every endeavour has been made to include all contingencies, the Licensor cannot be held responsible for any errors and omissions arising from circumstances beyond its control.

16    AVAILABILITY

Quotations are offered subject to availability of the Unit during the Licence Period and the Licensor reserves the right to offer an alternative unit should the original quoted is unavailable.

17 NOTICE

Any notice under this Agreement shall be deemed received and properly served by either party if sent by recorded delivery. In this regard, the Licensee must notify the Licensor of any change of address of the Licensee.

18 ASSIGNMENT

The Licensee shall not assign this Agreement. The Licensor shall be entitled to assign this Agreement.

19 LAW AND JURISDICTION

This Agreement shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

ORANGE BOX SELF STORAGE