In this User Agreement, the following capitalized terms shall have the following meanings ascribed thereto:
“Client” means the person identified in the Client Information Form.
“Client Information Form” means the information forms, consisting of one or more pages, completed by the Client in electronic or paper format providing for Personal Information, Payment Method Information and other required information fields to be completed by the Client including, disclosure as to whether the storage contents are for residential or commercial use, description of Goods in Storage, disclosure as to whether the Client has declined or requested enrollment in the Protection Plan and the requested Rental Start Date.
“Designated Vehicle” means the vehicle identified in Schedule A - Parking.
“Goods in Storage” means description of items in storage as either general goods, vehicle or mailbox.
“Mailbox” means the mailbox rented by the Client for mail delivery as set out in the Move-In Documents.
“Move-In Documents” means the Client Information Form, a Protection Plan Certificate (if the Protection Plan is accepted by the Client), a Protection Plan Exemption Form (if the Protection Plan is not accepted by the Client or if the Goods in Storage do not qualify for this program), Schedule A - Parking (should the Client be storing a vehicle), the Payment Receipt and this User Agreement.
“Owner” means the owner of the Owner’s Property as reflected in this User Agreement, and includes any of its successors and assigns.
“Owner’s Property” means the lands and premises owned by the Owner where the Space is located as reflected in this User Agreement.
“Parking Space” means the designated parking space rented by the Client as described in the Move-In Documents.
“Payment Method Information” means (i) the credit card information of the Client set out in the Client Information Form which is to be utilized by the Owner for payment of any and all User Fees and taxes payable under the terms of this User Agreement and (ii) where applicable, the pre-authorized payment information provided by the Client which is to be utilized by the Owner for payment of the User Fees for each Rental Period following the first Rental Period.
“Payment Receipt” means the payment receipt issued by the Owner in respect of each payment of User Fees made by the User for each Rental Period with respect to the rental of the Space. The Payment Receipt includes the approximate size, unit number and location of the assigned Storage Space to be supplied by the Owner at and from the Owner’s Property, and if the Client has opted into the Protection Plan, the premium payable for the Rental Period.
“Personal Information” means the name, address, contact information and other personal information of the Client set out in the Client Information Form, supported by the Client identification documents set out in the Client Information Form.
“Protection Plan” means the protection plan made available to the Client on qualifying Goods in Storage by a third-party issuer with respect to any damage to or loss of any contents of the Client stored in the Space.
“Rental Invoice” means the invoice to be issued by the Owner to the Client for rental of the Space for each applicable Rental Period.
“Rental Period” or “Rental Cycle” means successive periods of four (4) weeks each commencing the Rental Start Date, as identified in the Payment Receipt.
“Rental Start Date” means the date reflected in the Payment Receipt.
“Schedule A - Parking” means the information forms, consisting of one or more pages, completed by the Client in electronic or paper format providing information on the Designated Vehicle, supported by ownership and insurance documents provided by the Client.
“Space” means (i) the Storage Space; (ii) the Parking Space utilized by the Client for storage of the Designated Vehicle and (iii) the Mailbox utilized by the Client for deliveries of mail, as set out in the Move-In Documents.
“Storage Space” means the storage unit rented by the Client pursuant to this User Agreement; the exact Storage Space will be as selected by the Owner based on the type of unit and location set out in the Move-In Documents or as otherwise requested by the Client, and for the purposes of this User Agreement, means the Storage Space delivered to and accepted by the Client on the Rental Start Date, as referenced in the Rental Invoice, and includes any replacement storage space that is assigned to and occupied by the Client;
“User Fees” means the amounts payable by the Client for the rental of the Space as reflected in each Rental Invoice issued to the Client, plus applicable taxes.
In consideration of the rents, covenants and agreements in this User Agreement, the Client agrees to rent the Space from the Owner and to pay the User Fees and other amounts set out in the Rental Invoice, commencing on the Rental Start Date and thereafter, in advance, for each successive Rental Period until terminated in accordance with this User Agreement.
The Owner charges, and the Client agrees to pay, a one-time initial account administration fee as determined by the Owner as set out in the Payment Receipt, and any additional administration fees relating to any relocation of the Space to any additional or alternate Space that is assigned to and occupied or utilized by the Client.
The Client agrees to pay User Fees, at the rate set out in the Rental Invoice and this User Agreement, on the commencement of each Rental Period. User Fees not paid on the commencement of each Rental Period will result in the immediate cancellation of any active payment discounts granted to the Client. The User Fees set out in the Rental Invoice may be increased from time to time by the Owner, in its sole and absolute discretion.
Owner will accept preauthorized payments after the first Rental Period, however, if a cheque or preauthorized debit payment is not honoured by the Client’s bank there will be an NSF fee of $35.00 (which amount will be subject to adjustment from time to time) payable by the Client and the Owner may no longer accept cheque or preauthorized debit payments.
The Client acknowledges that it will not be granted possession of the Space unless and until (i) the Move-In Documents are fully completed and accepted, in electronic or paper format, by the Client, (ii) payment of the User Fees for the first Rental Period has been received and (iii) the Client has confirmed its agreement to accept enrollment in the Protection Plan (for qualifying Goods in Storage) or has signed the Protection Plan Exemption Form. In the latter case, the Client has provided to the Owner satisfactory evidence of its own insurance with respect to qualifying Goods in Storage and if applicable, the Designated Vehicle.
The Client expressly acknowledges that all premiums payable for enrollment in the Protection Plan are payable in advance on the first day of each Rental Period and, failure to remit any such premiums, will result in loss of coverage under the Protection Plan. The Client acknowledges and confirms that if it has elected to enroll in the Protection Plan, it shall not have any right to cancel such enrollment unless it has provided to the Owner satisfactory evidence of alternate insurance coverage maintained by the Client with respect to the Goods in Storage and the Owner has accepted such alternate insurance as evidenced by the deletion of the Protection Plan premium from the Rental Invoice.
The Client agrees that except as set out below no User Fees for any partial Rental Period will be refunded in the event the Client vacates the Space prior to the end of a Rental Period. Any fully prepaid and unused User Fees for a full Rental Period may be refunded at the discretion of Owner.
So long as any and all other outstanding charges are paid, the Client's account for a Rental Period may in the Owner’s sole discretion be prorated on a one time only basis for, up to 3 weeks prior to vacating, provided that the Owner receives written notice thereof prior to the commencement of the Rental Period.
WAIVER OF LIABILITY AND INDEMNITY:
The Owner, or those for whom it may in law be responsible, will not be liable or responsible in any way for (and the Client hereby forever releases Owner and those for whom it may in law be responsible from any and all claims relating thereto) any loss of or damage or injury to any property, chattel, vehicle or person arising out of the use or occupancy of the Space by the Client due to any causes, including without limitation fire, explosion, mechanical or equipment failure, theft, vandalism, wind, water damage, escape of any hazardous or noxious substance, any defect now or subsequently created or discovered in or about the Space, any act or omission of any third party, or any act of God, whether or not such property has been entrusted to Owner or its agents, servants or employees and whether or not resulting from the negligence of Owner or those for whom it may in law be responsible, or from the exercise by Owner of any of its rights under this User Agreement. The Client hereby covenants to indemnify, keep indemnified and save harmless Owner against and from any and all claims, including all claims for personal injury or property damage arising from any act, omission or negligence of the Client or any agent, invitee or licensee of the Client, and against and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought.
The Client acknowledges and agrees that Designated Vehicles, including their contents, are parked entirely at the Client’s risk and vehicles contents are not covered under any insurance program made available by the Owner and the Client must look entirely to its own insurer to satisfy any claim which may arise on account of death, injury, loss or damage regardless of the cause.
The Client shall not: (i) store food of any kind, flammable materials, hazardous, toxic, firearms, explosives or any inherently dangerous materials, (ii) store any property which would result in the violation of any law or regulation of any governmental authorities; (iii) use the Space or any other part of the Owner's Property for illegal or criminal operations; (iv) carry on or perform within the or from the Space or the Owner's Property any business practice or thing or act or engage in any activity which may be deemed a nuisance, offensive or a menace or which in any way may damage the Space or the Owner's Property or the reputation of the Owner's Property, as determined by the Owner in its sole discretion; (v) alter the Space in any way without written permission from Owner; (vi) not leave any waste on the Owner’s Property or leave items in hallways or loading bays and takes full responsibility of charges for doing so which will be determined by Owner. For enclosed Storage Spaces, the Client shall: (i) keep the Storage Space secured at all times with a lock until time of vacate at which time the Client lock must be removed. The Space is deemed vacant when/if contents are removed; (ii) where applicable, enter a valid access code to enter and exit the Owner’s Property each and every visit; (iii) maintain the overhead door in the fully open position while the Storage Space is occupied by any person; (iv) ensure adequate fire protection is maintained within the Storage Space by maintaining at all times a vertical clearance of at least 18” from the sprinkler head deflectors. The Client shall be liable for costs and damages for contravening the above. The Client acknowledges the Space may be used for storage of goods or vehicles only, as applicable, and that the use for human or animal habitation is prohibited.
The term of this User Agreement consists of successive Rental Periods unless otherwise set forth. Full payment of User Fees is due on the 1st day of each Rental Period. Partial payment of User Fees or late fees will not be accepted. On the 3rd day of nonpayment, and every 6 days thereafter, an amount equal to the greater of (i) 5% of the User Fees or (ii) $5.00 will be charged to and payable by the Client as a late fee. After the 30th day of nonpayment, the lock on the Space (if applicable) will be replaced at the Client’s cost and the contents inventoried in preparation for sale. After the 45th day of nonpayment, an amount equal to 100% of the User Fees for one Rental Period will be payable by the Client as a lien fee. After the 90th day of nonpayment, the Owner considers the contents of the Space abandoned and, except for the contents of the Mailbox, reserves the right to sell/dispose of the contents of the Space. The Client acknowledges that after the 5th day of nonpayment, the Client’s access code to the Owner’s Property will be suspended and the Client will not have any access to the Owner’s Property or the Space unless and until all amounts owing by the Client under this Agreement are paid and satisfied in full. The Owner reserves the right to establish revised late fees and additional charges from time to time without notice to the Client. The Owner may amend this User Agreement and adjust the User Fees upon 30 days prior written notice to the Client.
The Client waives and renounces the benefit of any present or future law taking away or limiting Owner's rights against the Client, and notwithstanding any such law, the Owner may seize and sell all Client's goods and property, whether within the Space or not, and apply the proceeds of such sale to User Fees and all other amounts outstanding under this User Agreement and to the costs of the seizure and sale in the same manner as might have been done if such law had not been passed. The Client further agrees that if it vacates the Space, leaving any User Fees or other amounts provided to be paid under this User Agreement unpaid, the Owner may, in addition to any remedy otherwise provided by law, and except for the contents of the Mailbox, seize and sell the goods and chattels of the Client in the same manner as if such goods and chattels had remained in the Space.
Notwithstanding anything else herein, the Client acknowledges and agrees that this User Agreement is intended to confer on Owner a lien pursuant to the applicable possessory or warehouse lien legislation within the province where the Space is located. The Client waives, to the extent permitted by law, any requirement for a receipt in respect of the contents of the Space.
The Client agrees that if User Fees are not paid within 60 days after the due date, this User Agreement will terminate and all mail, packages or other items within the Mailbox will be marked and returned as ‘Return to Sender’.
TERMINATION BY OWNER:
The Owner may terminate this User Agreement upon 48 hours prior written notice to the Client or may, at any time upon notice to the Client, prohibit access to or use of the Space (without it being construed as a termination hereof and without any abatement of User Fees, taxes and other applicable charges hereunder) in the event of the Client’s default hereunder that is continuing and without prejudice to any rights of the Owner to recover all amounts owing by the Client under this User Agreement or applicable law.
TERMS AND CONDITIONS OF USE:
The Client shall have the right to vacate the Space at the end of a Rental Period. When vacating the Space, the Client shall remove all items and make sure the Space is clean and ready to re-rent and shall attend at the Owner’s office the same day to confirm that the Client has vacated the Space. This will ensure that the Client’s file is removed from the computer and no other charges will be levied. The Space must be vacated 1 hour before the close of business on the date before the next payment of User Fees is due.
The Client shall remove its lock upon vacating the Space. Failure to remove lock will result in the Client continuing to be charged User Fees and other fees pursuant to this User Agreement.
The Client acknowledges and agrees that only one lock is allowed per door latch. If more than one lock is found, the Client will pay an additional fee as determined by the Owner for the removal of that lock.
Owner does not provide any garbage disposal services. The Client agrees that all charges related to disposal, in addition to the User Fees, will be charged to the Client if the Client is found dumping garbage on site or leaving items in the Space after termination of this User Agreement, until the items on site or inside the Space are removed from the Owner’s Property.
The Client shall notify Owner in writing immediately if it changes its address, phone number, etc. or any other Personal Information or Payment Method Information set out in the Client Information Form. Until Owner is notified of any changes in writing with the Client's signature, the only valid address, telephone number and other Personal Information will be as set out in the Client Information Form.
The Client acknowledges and agrees that it will adhere to the posted rules and policies of the loading bay doors. Damage caused to the loading bay doors or mechanisms are the responsibility of the Client. The Owner is not responsible or liable for any loss of or damage to vehicles and/or goods and/or personal injury.
Owner and any employee, servant or agent of the Owner may access the Space with or without notice in the event of emergency, repair, alteration or inspection at Owner 's discretion, including forcibly entering the Space to make alterations or repairs as Owner deems necessary for the safety or preservation of the Space or Owner's Property and to remove any article or remedy any condition which, in the opinion of the Owner, would be likely to lead to cancellation of any policy of insurance on the whole or any part of the Owner's Property, and such entry by Owner will not be deemed to be a re-entry.
The Client acknowledges and authorizes electronic communications for all Rental Invoices, Receipts and all other notifications from the Owner, including notices relating to any default in payment of User Fees and notices of any pending or proposed sale of the contents of the Space.
Increase in or Cancellation of Insurance:
The Client will not do, permit to be done, or omit to do anything in, on or about the Space or Owner’s Property which causes or has the effect of causing the Owner’s rate of insurance to be increased or leading to the cancellation of such insurance. If the insurance rate is so increased, then Client will pay to Owner (in addition to the amount of User Fees set out this User Agreement) the amount of such increase. If any insurance policy on the Owner’s Property is cancelled by the insurer by reason of the use and occupation of the Space by the Client or by any agent, invitee or licensee of the Client, or by anyone permitted by the Client to be within the Space, Owner may at its sole option terminate this User Agreement by notice in writing of such termination and in such case User Fees will be paid in full to end of the Rental Period in which the date of such termination occurs and the Client will immediately deliver up vacant possession of the Space to Owner, and Owner may, at its option and at the sole expense of the Client, enter the Space (forcibly or otherwise) and rectify the situation causing such cancellation or rate increase.
This User Agreement will be governed by and construed in accordance with the laws of the province in which the Space is located.
The Client acknowledges and confirms that:
- the Client has achieved the age of majority in effect in the province in which the Space is located;
- the Client is entering into this Agreement as principal, for its own account, and not as agent for or nominee of any other person;
- the information contained in the Client Information Form is true, complete and correct in all material respects and does not contain any information which is false, misleading or fraudulent;
- the use of the Space, will be either Residential or Commercial, as identified in the Client Information Form;
- as set out in the Client Information Form, the Client has declined or requested enrollment in the Protection Plan and has read, understands and accepts all of the conditions and exclusions forming part of the Protection Plan;
- the Client agrees that under no circumstances will the aggregate value of all personal property stored in the Space exceed, or be deemed to exceed, $5,000, excluding the value of the Designated Vehicle if any;
- the Client acknowledges and confirms it has read, understands and hereby agrees to observe, perform and be bound by, the provisions of this User Agreement.
The Client shall not have any right to assign any of its rights or obligations under this User Agreement to any third party nor shall the Client have any right to license or permit the use of the Space by any third party. Any such arrangements shall be strictly prohibited and shall not be binding on the Owner. The Client agrees to indemnify and save harmless the Owner and its officers, directors and employees from and against any and all costs, expenses, damages and liability which they may suffer or incur as a result of the breach by the Client of the foregoing prohibitions.
The Owner shall have the right to assign all of its rights, benefits and obligations under this User Agreement to any third party upon written notice to and without the consent of the Client.
The Client confirms that upon the Client’s electronic or paper acceptance of this User Agreement, all of the provisions of this User Agreement constitute a legally valid and binding obligation of the Client, enforceable against the Client in accordance with the terms hereof, including the heirs, estate trustees and other personal representatives of the Client.
The date of this User Agreement shall, for all purposes hereof, be the date of the Client’s electronic or paper acceptance of this User Agreement.