Terms & Conditions (Self Storage Service)
This Agreement is made between Box-It Limited (“Box-It”, “we”, “us” or “our”) and you, the customer (“Customer”, “you” or “your”) who wishes to use our Self Storage Service.
WHEREBY the parties here to agree as follows:
1.1 Company means “Box-It Limited”
1.2 Service means “The service we offer which Customers need to manage storage & retrieval by themselves.”
1.3 Access Hours means “The hours which Customer is permitted to access the self-storage device(s).
1.4 Access Area means “The area which Customer is allowed to enter within the pre-booking Access Hours. Access to our storage facility is strictly prohibited.”
1.5 Commencement Date means “The date of this Agreement annexed hereto.”
1.6 Due Date means “The first day of every calendar month or the previous business day if the Due Date falls on Saturday, Sunday or public holidays.”
1.7 Deposit means “The amount specified in the Agreement annexed hereto.”
1.8 Goods means “Anything brought and stored in the self-storage device by the Customer.”
2. Storage of Goods
2.1 By entering into this Agreement, you warrant and declare that you have sole legal and beneficial title to the Goods (or that you have the expressed permission and authority of owner of the Goods) and shall indemnify us against any claim or cost or any action or proceeding arising from any dispute as to ownership or rights to possession if this declaration is untrue.
2.2 For the avoidance of doubt, you hereby acknowledge and expressly agree that nothing in this Agreement shall be construed so as to create any legal or equitable proprietary interest to the Company.
2.3 Box-It does not warrant that the storage facility used by the Company is a suitable place or means of storage for any particular goods.
2.4 By entering into this Agreement, you confirm that you have viewed and inspected the self-storage device(s) and are satisfied itself in all respects as to the size, suitability and condition, safety in particular and waives all claims (if any) based on the misstatement, warranty or representation (oral or written) in relation to the aforementioned or any other matter pertaining to this Agreement.
2.5 Goods stored must not include prohibited, illegal, stolen or perishable items. Other prohibited Goods include but are not limited to
2.5.1 chemicals, drugs, hazardous or toxic materials of any kind;
2.5.2 food or perishable goods of any kind;
2.5.3 flammables, firearms, weapons or explosives of any kind;
2.5.4 items which emit any kind of odor or fumes;
2.5.5 plants or creatures (whether living or dead);
2.5.6 liquids or compressed gases;
2.5.7 matches, charcoal, phosphorus and articles which are easily ignited;
2.5.8 paint, thinner and liquid adhesives;
2.5.9 illegal drugs, contraband or counterfeit goods, stolen property or illegal items of any kind;
2.5.10 currencies, bonds or securities;
2.5.11 jewellery, antiques, fine art, fine wines, precious metals or high value items of any kind;
2.5.12 personal property that would result in the violation of any law or regulation of any governmental authority;
2.5.13 any items that, in our determination, danger the safety and health of people of in our facility and the environment;
2.5.14 any type of electronics with batteries.
2.6 In addition, we strongly advise that you should not store any official personal documents (such as passports, drivers licenses, ID cards, etc.) or anything that contains personally identifiable information, such as date of birth or bank account number. This is not an exhaustive list of personally identifiable information. Essentially, do not store anything that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this Agreement, you understand and agree that if you proceeded to store official documents or items containing personally identifiable information, you waive all rights and claims against the Company arising in any way from storing these items.
2.7 You must comply with the directions of our employees or agents at the Access Area and the regulations for the use of the self-storage device which the Company may issue or revise from time to time.
2.8 We will use commercially reasonable efforts to maintain the temperature and humidity of the storage facility from between 15 to 25 degrees Celsius and between 40 to 60 percent humidity. We will take all commercially reasonable steps to protect your Goods from the growth of mold. However, we cannot guarantee that mold may not develop on your property. By executing this Agreement, you understand and agree that the Company is not liable for the natural growth of mold or mildew on your property.
2.9 We or anyone acting on our behalf may at any time without notifying you break the lock and open your self-storage device(s) to inspect your Goods:
2.9.1 if we reasonably believe that they may contain any Goods described in Clause 2.5;
2.9.2 if we are required to do so by the police, fire services, authority or court order; or
2.9.3 if we feel people or property are at risk of injury or damage; or
2.9.4 any other circumstances at the discretion of the Company management.
2.10 The Company shall have no liability associated with any of the processes described in Clause 2.8. Any further costs or losses incurred shall be borne by you.
2.11 You are responsible for ensuring that the self-storage device is locked at all times when you are not in attendance. The Company shall not be responsible for locking any unlocked device. If your device is unlocked, you waive all rights and claims against the Company should there be any damage or missing items of your Goods.
2.12 The Company may refuse to store any Goods or may return to you any Goods, at your cost, at any time, if we reasonably believe that the storage or continued storage of such Goods would represent a risk to the safety of any person, the security of the storage facilities, or any other Goods stored at the storage facilities.
2.13 For safety reasons, access to our storage facilities or those of any of our sub-contractors or agents shall be strictly prohibited.
3. Access Hours
3.1 You must make an appointment to access your self-storage device(s).
3.2 Our Access Hours are as follow:
Monday to Friday:
Session 1 : 10:00am – 5:00pm
Session 2 : 6:00pm – next day 9:00am
Only 1 Session : 10:00am – 7:00pm
Sunday & Public Holidays:
Only 1 session : 9:00am – next day 9:00am
3.3 Appointment must be made 1 day prior to Access Hours by first come first serve basis. For public holidays, appointment must be made 1 day prior to the 1st day of holiday.
3.4 Subject to the terms herein, the Company reserves the right from time to time to make and vary regulations concerning Access Hours, general management and security to the Access Area.
4.1 You must not use the Services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
4.2 You must not sub-license or re-sell any of the Services to a third party nor represent us in any way for any reason whatsoever without our prior written consent;
4.3 You must not do anything on the self-storage device(s) which may invalidate the Company’s insurance policies or increase its premium.
4.4 You must not cause any obstructive or undue hindrance in any passageway, stairway, Access Area or any other part of the premises and you may at all times exercise courtesy to others in using these areas.
4.5 You must not do or permit or suffer any person exercising or purporting to exercise the rights given in this Agreement to do anything in relation to the premises which would or might cause the Company to be in breach of any covenants or other obligations owned by the Company under any lease.
5. Alternative location
5.1 The Company may at any time by giving you seven days’ notice in writing to relocate your self-storage device(s) to another location specified by us. In this case , the cost of the transportation will be borne by us.
5.2 If your self-storage device(s) is relocated to an alternative location, this Agreement will continue in full force and the monthly service charge will continue to apply until the end of this Agreement.
6. Monthly Service Charge
6.1 You shall pay the monthly service charge for the minimum period rendered by the Company on signing of this Agreement and thereafter shall pay the balance in advance on Due Date stated on this Agreement without any deduction or set off.
6.2 We accept payments by cash, cheque, direct debit or credit card. There will be a 3% surcharge for credit card payment for each transaction.
6.3 The Company may charge a one-off penalty of HK$100 in the event that you block payment to us when we are not at fault.
6.4 The Company may increase the Monthly Service Charge at any time giving you written notice thereof such increase to take effect on the first Due Date occurring not less than two weeks after the date of such notice.
6.5 If you terminate the agreement before expiration date of the contractual term, you are still required to pay the entirely of the agreed contractual sum. All advance payments are non- refundable under whatever circumstances
7.1 You shall upon the signing of this Agreement pay to the Company the Deposit, which shall be returned to you without interest within 30 days of the termination of this Agreement provided that the Company shall be entitled to deduct from the Deposit any sums in respect of:
A. repairing any damage to the self-storage device caused by you, your agents or invitees or by the Goods stored therein;
B. any unpaid monthly service charge or disposal or other charges;
C. any other obligation of yours to the Company that you have not discharged in full.
7.2 If the monthly service charge is increased pursuant to Clause 6.4, you shall pay a lump sum fee in the form of deposit in each situation as set out in the above. The payment sum amount is the shortfall between the original deposit and the new deposit after the monthly service charge is increased. The sum shall be paid at the same time on the next Due Date if applicable.
8. Default in Payment of Monthly Service Charge
8.1 In the event that you do not promptly pay all charges or payments due to us, we are relieved of any duty howsoever arising in respect of the Goods and we shall exercise lien over the Goods until the outstanding charges or payments have been fully settled and received by us. Under such situation, you authorize us to withhold the Goods and you authorize us access to inspect the Goods. Also, you will be denied to access your self-storage device(s).
8.2 If you fail to arrange payment for any amounts payable to us by the due date and after a grace period of 15 days, we will charge a late payment fee of HK$100 to be levied every 15th date past due onward, up to 90 days past due.
8.3 If you fail to arrange payment for any amounts payable to us within 90 days past due date, we reserve the right to break the existing lock(s) to gain access to inspect the Goods & withhold your Goods stored with us for sale or auction. We will also charge a Lien Sale/Auction Fee of HK$750 if applicable. Proceeds from the sale or auction will be used to settle all outstanding charges and payments including administrative fees, late payment fees and Lien Sale/Auction Fee. If, there is any amount leftover after settling all charges and payment, we will make reasonable efforts to return the excess to you without interest. If within 60 days, we are unable to get a response from you and unable to pay you the excess, the amount leftover will be retained by us for our own account.
8.4 If the sale of the Goods as stipulated above cannot cover all charges and payments due to us by you, you are obliged to settle any outstanding balance due to us within 7 days. If this is not settled within 7 days we may administer a debt collection agency to recover all amounts due and all costs incurred as a result of this process shall be borne by you.
8.5 We may sell the Goods by any means reasonably available to achieve a reasonable market selling price, taking into account the cost of sale. If, for whatever reason the goods cannot be reasonably or economically sold, we are authorized to treat them as abandoned and dispose of or otherwise destroy them. All costs of sale or disposal shall be borne by you.
The benefit of the Agreement is personal to you only and not assignable.
10.1 The Company purchases insurance directly with a third party insurance company. Our insurance policy only covers fire and flood, facility malfunctioning, and any external factors not foreseeable or arising from negligence on the part of Company. Each self-storage device containing Goods will insure up to a maximum of HK$10,000.
10.2 In the event of a loss as a result of these events, the Company will process the claim directly with the insurance company. The insurance claim will be paid to you once the Company receives the coverage from the insurance company. The Company will not be liable for any insurance coverage to you should the insurance company declines our claim.
10.3 In the event you sustain a loss and your insurance company reimburses/indemnifies you for the loss, in whole or part, you waive any right of subrogation your insurance company may have against the Company and its agents for the loss.
11. Limitation of Liability
11.1 We shall not in any event be held liable or responsible for any damage or loss to the Goods beyond what’s covered in our insurance policy as outlined in Clause 10.
11.2 You acknowledge that we are not aware of the value of the Goods stored with us. You are responsible to arrange appropriate insurance for your Goods.
11.3 You acknowledge and agree that use of our Website and any of our Services is entirely at your own risk. We shall not be held liable or responsible in any way for any direct or indirect damages of any sort as a result of using our Website or misinterpreting its content.
11.4 It is your responsibility to ensure that Goods are properly and carefully packed with enough protection as would be reasonably required for storage. We shall not be held liable for any loss and damage to any items as a result of insufficient or improper packing or protection; any deterioration of Goods which may happen over time; fragility of items that you have decided to store; any defects of Goods or any forfeiture or seizure of Goods for legal reasons.
11.5 In any event, our total liability in respect to the every self-storage device, whether in the case of an insurance claim or not, shall not exceed the lower of (i) the cost of the lost or damaged Goods; (ii) the current replacement cost of the Goods at the date of the claim; or (iii) the maximum HK$10,000 insurance cover for the applicable self-storage device. In any event of a claim, we are entitled to proof of alleged the loss or damage and the replacement or initial cost of the lost or damaged Goods.
11.6 In the event of a claim, the Company shall be entitled to require proof of the cost price and the current replacement cost of the contents of the stored Goods in the self-storage device.
11.7 The Company and its agents shall not be liable to you in all. Circumstances by reason of misrepresentation or any implied warranty or condition or under the express provision of this Agreement for any loss or damages cost, expenses or other claims (whether caused by the negligence of the Company and its agents or otherwise) which arise under or in connection with this Agreement.
12.1 Either party may at any time terminate this Agreement by giving not less than 15 days written notice to the other ending on the Due Date and any such termination to take effect on the date specified in such notice without prejudice to any right which either party may have by reason of any antecedent breach by the other party of any provisions of this Agreement. You must sign the “Confirmation Notice on Termination” and confirm the termination of this Agreement before the Deposit to be refunded by the Company specified in Clause 7.1.
12.2 You may not terminate this Agreement if any monthly service charge or other charges payable by you under this Agreement are outstanding or if you are otherwise in breach of this Agreement.
12.3 The Company may terminate this Agreement by giving you notice in writing if you are in breach of this Agreement, not with standing any notice period, such termination to take effect forthwith.
12.4 Upon termination of this Agreement, you shall remove the Goods from the self-storage device(s) and shall leave the device(s) clean and in the same condition as at the Commencement Date.
12.5 Upon termination of this Agreement, you shall remain liable to the Company in respect of any costs incurred by us in cleaning and reinstating the device(s) or disposing of any Goods or waste left therein.
12.6 If you do not remove all the Goods from the self-storage device(s) within 7 days of the date specified in the notice under this Clause hereof or within 7 days of termination of this Agreement, the Company reserves the right to treat the Goods as abandoned and thereafter to sell, destroy or dispose of such Goods and apply any proceeds of sale in the manner specified in Clause 8. The Company reserves the right to make further charges to you thereafter in the event that the disposed proceeds of the Goods do not cover the amount due hereunder.
13. Rules and Regulations
The Company shall be at liberty to make rules and regulations for the use of the self-storage device from the time you shall observe and perform such rules and regulations as if they were made the provisions of this Agreement.
14. Force Majeure and Bad Weather
14.1 We will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.
14.2 A Force Majeure means any unforeseeable circumstances beyond our reasonable control, including but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances which affect the provision by you of accessing your self-storage device(s).
14.3 In the event of a Force Majeure, we will aim to contact you as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.
15.1 You agree to indemnify, defend and hold us, our employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. This clause also applies to any other liabilities arising out of your use of our Website or Services or by any other person accessing our Website or Services under your account.
15.2 If upon termination of this Agreement you shall fail to remove all the Goods from the self-storage device(s) and to surrender the device(s) clean and tidy and in the same condition as the Commencement Date in accordance with Clause 12.4 hereof, you shall indemnify and keep the Company indemnified against any loss or damage suffered and all costs and expenses incurred by us as a result thereof.
16.1 Any notices given by you to us must be in writing by email to firstname.lastname@example.org
16.2 A notice shall be deemed to have been served from the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
17.1 Box-It provides the Website on an “as is” and “as available” basis with all faults. The Company does not warrant that use of the Website will be error-free or uninterrupted or that any defects will be corrected.
17.2 The Company will provide the Services with reasonable care and skill and substantially as described in this Agreement. The Company does not make any other promises or warranties about the Services.
18. Governing Law and Language
18.1 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Hong Kong.
18.2 In the event of any inconsistency between the Chinese and the English version, the English version shall prevail.
20.1 This Agreement shall not create a tenancy nor confer upon you any tenancy rights and shall not constitute between the Company and you the relationship of landlord and tenant.
20.2 Where the customer is two or more person, its obligation under this Agreement shall be joint and several.
20.3 The Company reserves the right to refuse any Goods without giving any reason.
20.5 We reserve the right to amend the terms and conditions within this Agreement from time to time and it is your responsibility to review these terms and conditions on each occasion you procure Services from us. The latest version of this Agreement will always be accessible at www.box-it.com.hk . Your continued use of our Services will be deemed to represent your continued acceptance to the latest version of this Agreement. If you do not agree with any changes to this Agreement, you may terminate this Agreement as per Clause 12.
20.6 In case of any disputes, the Company reserves the right to make the final decision.
20.7 The failure by you or Box-It to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
20.8 All provisions of this Agreement apply equally to and are for the benefit of Box-It Limited, its subsidiaries, any holding companies of Box-It Limited, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
20.9 If any provision of this Agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
20.10 In any event, all provisions of this Agreement that by their nature could reasonably survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination. In the event you use the Website or Services again, the provisions of the terms and conditions that then apply will govern your re-use of the Website or Services. In the event you use Services bought under this Agreement, then those provisions applicable to Services will survive termination of this Agreement.
20.11 Each party shall keep any and all information disclosed between the parties to this Agreement in strict confidence. This clause shall survive the termination of this Agreement.
20.12 This Agreement shall be governed by Hong Kong Law and both parties hereto submit to the exclusive jurisdiction of Hong Kong Special Administrative Region.
Please referred to Chinese version.