TERMS AND CONDITIONS
1. TERMS, USER FEES and other FEES:
The term of this Agreement shall commence as of the Contract date above and continue on a month-to-month basis until terminated in accordance with this Agreement. Customer shall pay to the Company for the use of the above noted Unit/Space, the monthly rate (“User Fee”) as indicated above plus all applicable taxes in advance without notice, demand, or billing statement, and on or before the first (1rst) day of each month, every month thereafter for each month this Agreement is in effect. The Company reserves the right, and the Customer so agrees and authorizes the Company, to from time to time make such adjustments and increases to any user rates and fees or adjusted fees or charges to the Customer by the Company with thirty (30) days’ notice. In the event any payment paid by the Customer to the Company is dishonored the Customer agrees to pay the Company a service charge of $50.00 for administrative expenses caused thereby. All such charges will be added to and form part of the payment due hereunder.
In addition to any other default remedies available to the Company as indicated in this Agreement, in the event the Customer fails to pay to the Company the payment payable hereunder on the first (1rst) day following the due date for payment, access to the above-mentioned storage unit will be suspended. On the fifth (5th) day following the due date for payment a late notice will be sent to the Customer and a late fee of $10.00 will be applied to the Customer’s account. In such case the Customer agrees to pay to the Company the payment due together with all late fees as applicable. Such late fees will be charged on the Customer’s account until such past due User Fees and late charges are paid in full with all payments applied to the oldest delinquency first.
In the event that such overdue amount is not paid in full within Thirty-one (31) days of due date the Customer will be deemed to be in default and such default remedies will take place as stated in this Agreement.
2. NOTICES: Both parties hereby agree that any notice, demand, request or other instrument which is required under this agreement shall be delivered electronically, by regular main, or in person and will be sent to the applicable address(s) as set out above. Any such notice received electronically at or prior to 5:00pm on any day shall be deemed to have been received on that day and any received after 5:00pm shall be deemed to be delivered on the following business day, or if mailed then within 72 hours of mailing such notice, or if in person then deemed delivered at the time of delivery. It is the responsibility of each party to notify the other in writing immediately of any change of address and/or all contact information, electronically or otherwise.
3.PERSONAL INFORMATION: The Company collects Customer’s Personal Information which is held confidential by the Company or Company’s agents and is for their use only including providing notices and otherwise communication with the Customer on matters regarding the contract, and will not be used for third parties or for any other purpose outside the intent of the contract. Notwithstanding any of the above, the Company reserves the right to disclose information to government authority, including without limitation police and fire officials, for emergency purposes only. It is the Customer’s responsibility to keep the Company updated of any changes to their contact information including and not limited to address, phone numbers, email address and so on.
4. ACCEPTANCE OF CONDITION OF UNIT/SPACE: The Customer acknowledges and agrees that they have examined the Storage Unit/Space and found it to be without defect, satisfactory, and in good order, further confirming that they are satisfied with the security provided by the locking mechanism and the Unit/Space itself is adequate for the storage of their property.
4.5 RESTRICTIONS OF USE: The Customer will use the Storage Unit/Space only for the storage of their own items and is not to be used for the conduct of any business or hobby, repairs, maintenance, construction, building or growing including the use of any tools, equipment or appliances, nor for human or animal habitation or the conduct of any unlawful activity. The Customer will not store or permit to be stored in their Unit any perishable or food products of any kind, any flammable, explosive, poisonous or inherently dangerous or hazardous materials that are or will be deemed so by any law. The Customer will not use the Storage Unit/Space for any illegal purpose, or store any item which would violate any law or ordinance, now or hereafter in force or cause the Company’s building insurance premiums to be increased or terminated. The Company will have the right to enter the Customer’s Storage Unit/Space and remove any dangerous or noxious or unlawful substance, and to cause the same to be removed and disposed of at the Customer’s expense, and the Company will not be liable to the Customer in any way for entering the Storage Unit or breaking any lock, or for the removal and loss or destruction of any such dangerous or noxious substance. And such entry will be reported forthwith to the Customer by the Company.
Customer must keep the Storage Unit/Space and surrounding area (including but not limited to, corridors, hallways, entrance ways and the loading dock area) in a good state of cleanliness, clear of all items and order, not allowing accumulation of trash or any other items in or about the Unit/Space and areas as mentioned above and upon vacating, will leave the Storage Unit in a clean and swept condition., The Customer will not make nor allow any alterations whatsoever to the Storage Unit. The Customer will be liable for any damage caused by the Customer to the Storage Unit/Space, equipment of the Company, or other parts of the Premises, or other vehicles or property on the Premises, and will pay the costs of any repairs for damage caused by the Customer, his invitees or licensees.
5. INSURANCE: Customer acknowledges that the contents of their Storage Unit/Space is not insured unless the Customer purchases their own insurance coverage from an insurance company directly.
6.ACCESS TIMES: A Customer in good standing with all rules, regulations and terms of this Agreement will have access to and from the Premises in which the Storage Unit/Space is situated Monday through Saturday from 8:30am to 6:00pm only. The Company may amend or change rules for the regulation of the building and traffic upon or about the facility, and will post such rules about the Premises, and the Customer agrees to comply with such changes and amendments which will become part of this Agreement as if written herein.
7.OUTDOOR PARKING: Anyone that is using an outdoor parking space is considered to be trespassing and will be subject to the removal at their own expense of the vehicle in the said parking space.
8.LOADING DOCK: The loading dock is to be used for the sole purpose for Customers in good standing to move items in and out of their indoor storage unit(s). Any unauthorized use of the loading docks will be subject to strict penalties and costs that may be incurred.
9.LIMIT OF LIABILITY OF THE COMPANY: Neither the Company nor it’s representatives, affiliates, servants, employees, officers, directors, invitees, licensees, agents or any other for whom the Company may at law be responsible (collectively, “the Company’s Agents”) shall be liable for any loss, injury or damage derived from any cause, including the negligent or deliberate acts or omissions of the Company or the Company’s Agents, to persons using the common areas or to vehicles or their contents or any other property therein or thereon, or for any damage to property entrusted to the Company or the Company’s Agents, or for the loss of any property by theft or otherwise, and all property located, kept or stored in or about the Premises shall be so located, kept or stored at the sole risk of Customer. Company and Customer further specifically agree that the Company and Company’s Agents shall not be subject to any duty or liability under and are hereby expressly exempt from Occupiers Liability Act, R.S.A. 1990 or similar legislation as may be in force from time to time.
Neither the Company nor the Company’s Agents shall be liable for any injury or damage to persons or property resulting from faulty materials or workmanship or any other defect in the Premises, or fire, explosion, steam, electricity, water, rain, snow, dampness; the acts or omissions of others, criminal or otherwise; or from any other cause whatsoever, whether such injury or damage resulted or did not result from the negligent or deliberate acts or omissions of the Company or the Company’s Agents. Without limitations, the Company and the Company’s Agents shall not be liable for any loss or damage caused by acts or omissions of other customers or occupants of space in the Property, their employees or agents, or of any other persons; or for damage caused by the construction of any public or quasi-public works; and in no event shall the Company be liable for any consequential or indirect damages suffered by Customer.
Customer shall indemnify and save the Company and the Company’s Agents harmless against all liability, claims damages or expenses due or arising out of any act or neglect by Customer or Customer’s representatives, affiliates, servants, employees, agents, invitees or licensees or any other for whom Customer may at law be responsible (collectively, “Customer’s Agents”) on and about the Premises and/or the Property or due to or arising out of any breach by the Customer of any provision of this Agreement, including liability for injury or damages to the persons or property of Customer’s Agents on and about the Premises and/or the Property.
Notwithstanding the above, if a court of competent jurisdiction disallows all, or a portion of the limitations or exclusion described herein, in no event shall the total liability of the Company for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from the use of the Premises, exceed $5000.00 CAD.
10. GOVERNING LAW/JURISDICTION: This Agreement shall be interpreted, construed, and governed in accordance with the laws of the Province of Ontario, Canada. Customer further agrees and consents to the personal jurisdiction of the Province of Ontario for any legal matter relating to the terms of this Agreement.
TIME IS OF THE ESSENCE OF THIS AGREEMENT
11. ASSIGNMENT: The Customer may not assign this Agreement or Sublet the Storage Unit/Space.
12. SUCCESSION: The provisions of this Agreement shall be binding upon the parties, their heirs, executors, administrators, and successors.
13. DEFAULT RIGHTS AND REMEDIES: If the Customer fails to make any payment of any amounts payable herein, as and when such payment becomes due, and such non-payment continues for a period of thirty-one (31) consecutive days, the Customer agrees that the Company shall enter the Customer’s Storage Unit to inventory and assess the value of the goods therein without affecting the Company’s right to recover charges hereunder. In the event the Customer’s account remains outstanding for forty –five (45) consecutive days, the Company may begin the sale or disposal process. This includes a registered letter to be sent to the Customer’s most recently provided address. And if an email address has been provided a copy of all letters will also be sent to the customer by email as well.
If the Customer defaults in the performance of any of their other obligation hereunder, including, but not limited to non-payment of User fees, and such default continues for a period of ten (10) consecutive days from receiving notice of such by the Company, then the Company shall, at the option of the Company, terminate this agreement immediately.
14. TERMINATION OF AGEEMENT (NO DEFAULT) The Customer may terminate this Agreement at any time by giving two (2) business days’ written notice, as set out in the Agreement, to the Company. Upon such termination of this Agreement for any reason, there will be no refund due to the Customer. The Customer agrees to leave the Storage Unit/Space empty, clean, and in the same condition as it was upon the initial execution of this Agreement. Customer acknowledges that if there is any property left and cleaning or repairs are required this will be at the Customer’s expense.
RIGHT TO ENTER AND INSPECT STORAGE UNIT: The Company, Company’s Agents, or any governmental authority, including without limitation police and fire officials, shall be granted access to the storage unit upon three (3) days’ written notice to Customer, or WITHOUT NOTICE IN THE EVENT OF AN EMERGENCY. In the event Customer does not grant access to the space as required or in the event of an emergency, the Company, or the representatives of any governmental authority shall have the right to remove Customer’s lock and enter the space to examine the contents, make repairs or alternations, or take any action necessary to preserve the space or to comply with any applicable local, provincial or federal law or regulation governing hazardous or toxic substances, material or waste; or enforce any of the Company’s rights. In the event of any damage or injury to the space or the Property arising from the negligent or deliberate acts or omissions of the Customer or for which Customer is otherwise responsible, all expenses reasonably incurred by Company to repair or restore the space or the Property 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, provincial or federal law or regulation or agency regulating any hazardous or toxic substance, material or waste, shall be paid by Customer as an additional fee and shall be due upon demand by Company. The provisions of this section shall survive the expiry or termination of this Agreement.
15. ENTIRE AGREEMENT: This User Agreement sets forth the entire agreement of parties.