Your Customer Licence Terms & Conditions  

Terms and Conditions of Licence of a Room to Store Goods  

1.         In these terms and conditions, the following words have the following meanings: Access Hours the hours We permit You to access the Room 

Conditions these terms and conditions, including the General Conditions and any additional  

Terms and conditions that apply to the particular licence You have Deposit the amount specified on the Licence Form  

Due Date the Start Date for the first four (4) weeks of this Licence and the corresponding date for each following period of four (4) weeks, or such other date We agree in writing with You  

Electronic Items all items of consumer and commercial electrical appliances and instruments including but not limited to mobile phones, radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, fax machines, photocopiers, VCRs, Hi-Fis, stereos, CD players, DVD players and the like. Heavy electrical items such as switch gear, turbines, generators and the like shall be deemed not to be electronic items 

Full New Replacement Value the replacement value of the Goods if they can be purchased new, or (in relation only to any Goods which cannot be purchased new such as antiques or works of art), the current market value for such Goods. Such value shall be as specified by You on the Inventory on the Application Form or such alternative amount that You notify to Us in writing from time to time or as We obtain from a registered dealer in the relevant products  

Other Charges Our fees for (each, as applicable): the sale of general merchandise, extended access hours, transportation, rental of equipment, electricity, or any other service (and any VAT payable) that may be incurred by You from time to time  

Our Rent the amount specified on Your invoice (based on the weekly fee specified on the invoice) plus any Other Charges which shall also be paid by You where it is or becomes applicable  

Prompt Payment in respect of the payment of each and every sum due under this 

Licence, payment on the Due Date or within two (2) working days afterwards, and in respect of any sum being due under any other agreement between You and Us, payment within five (5) days of that sum being demanded in writing  

Room means the room(s), storage unit(s) 

Start Date the date specified on the Licence Form 

Store the storage facility in which the Room is situated  

Termination Date the date of termination of this Licence in accordance with Condition 86 

Termination Notice Period the period of written notice stated on the Licence Form  

This Licence the licence entered into between You and Us, which includes the 

Conditions and the Licence Form  

We, Us, Our the Room provider named as the Licensor on the Licence Form  

You, Your, Customer, Client the Licensee named on the Licence Form  

Your Debt has the meaning described in Condition 22 

2. VAT will be chargeable on sums payable where required by the UK VAT legislation.  
3. All Room sizes are approximate and We accept no responsibility for their accuracy. In agreeing to Our Rent You accept it applies to the Room You use and not any Room size represented.  

Note that these terms and conditions are accepted during customer sign up. You must read these in detail. By signing up or making payment or moving your contents in to Smartroom Services Ltd’s Store, you are accepting these terms and conditions. 

Facility Owner details: 

Facility Owner: Smartroom Services Limited, also referred to as Smartroom or 

Smartroom> 

Smartroom office address: 69 Wilson Street, London, United Kingdom, EC2A 2BB. 

Company number: 13304509 VAT Registration number: GB VAT GB409876554 

Smartroom self-storage (store/facility) address: 35-39 Stoke Newington High Street, 

London, United Kingdom, N16 8DR. 

Smartroom email address: [email protected] 

Please advise us immediately if your contact details, including address, change. 

Your details 

Company name: 

Full name: 

Home/Business Address: 

Mobile number: 

Email: 

Replacement Value as new of Goods: £ 

Storage period begins on your moving day. Runs for a period of 28 days / a calendar month, then extends automatically for periods of the same length until 7 days’ notice is given by either party or it ends for another reason.  

You can cancel the contract within 14 days from signing up (cooling-off period). If You cancel during this period a refund will be provided based on the length of storage You have taken prior to cancelling. 

I consent to receiving notifications from this Facility by SMS, email, social networks or whatsapp to the mobile. I  prefer  to  receive  all  correspondence  from  this  Facility by  email  rather  than  traditional  mail.  It is Your obligation to update Your email address when necessary. 

I consent to store information, id, documents and other information and documents necessary for Stripe Identity Verification through Stora platform.  

You can cancel the contract within 14 days from signing up (cooling-off period). If You cancel during this period a refund will be provided based on the length of storage You have taken prior to cancelling. 

Note – Unit sizes are approximate so the size of Your unit may vary slightly from the description. If You have exact requirements, check with the Facility before signing this Agreement. When You sign, You agree to the actual size of the unit You use and not any represented unit size. 

Late Payment Fee: Greater of £10 or 10% of Storage Fee 

PLEASE READ THE CONDITIONS OVERLEAF CAREFULLY AS BY SIGNING THIS 

AGREEMENT YOU WILL BE BOUND BY THEM 

I/We agree to be bound by the Conditions of this Agreement as shown overleaf. 

All fees and charges in this contract include applicable VAT unless otherwise stated. 

•        You own or are authorised to store the Goods. 

•        Storage fees must be paid in advance and on time. 

•        If You do not comply with the conditions of this Agreement Smartroom will have certain rights which include the right to cancel access to your unit, keeping Your Deposit and the right to seize the Goods in storage and sell or dispose of them. 

•        You must secure the Unit. 

•        You must not store dangerous, illegal, stolen, perishable, environmentally harmful or explosive goods. 

•        You must check the Unit is suitable for storing the Goods. 

•        Smartroom’s liability for loss of and damage to Goods is limited to £100. 

•        Smartroom is not liable to You for events outside its control. 

•        Goods are stored at Your sole risk and must be insured. 

•        Where offered the Smartroom does not give any advice as to the suitability or otherwise of the insurance cover. 

•        Smartroom may use and share Your personal and other data in certain circumstances. 

•        Any special terms have been written down on this Agreement. 

•        You must give 7 days’ notice to terminate this Agreement. Customer will have access to their unit until 6 pm on the one-month anniversary of their last payment. Your subscription will be automatically continued if you did not provide us any information on your length of storage. You should always clearly state your move out date in email to [email protected] 

•        Contract type: This is a monthly recurring contract that runs continuously until cancelled. 

I acknowledge that these main points have been drawn to my/our attention and I have read and understood them 

STORAGE: 

4.So long as all fees are paid up to date, You: (a) are licensed to store Goods in the Unit allocated to You by Smartroom from time to time and only in that Unit; (b) are deemed to have knowledge of the Goods in the Unit; and (c) warrant that You are the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner. You are deemed to have knowledge of the Goods in the Room.  

5.So long as Our Rent is paid up to date, without limiting Condition 37, We license You, but no other person to use the Room in accordance with this Licence during the Licence Period.  

6.Smartroom: (a) does not have and will not be deemed to have knowledge of the Goods; (b) is not a bailee, custodian or warehouseman of the Goods and You acknowledge that Smartroom does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit.  

7.This Licence does not: 6.1 create a tenancy or lease or the relationship of landlord and tenant between You and Us. 

8.We do not have and will not be deemed to have knowledge of the Goods, or of the nature, condition or state of repair of any Goods.  

9.This Agreement will come into existence between Smartroom and You when 

Smartroom notifies You it has accepted the order and has an available storage unit for you and once you sign this license or when you move in your belongings to the storage facility. The storage period will begin on the date agreed with You during the order process. 

COST: 

10.You must pay the Deposit on signing this Agreement if we separately ask you. The Deposit (or the balance of it after any appropriate deductions for unpaid Fees, repairs, cleaning or other charges to put right any breach of this Agreement by You) will be refunded (without interest) by electronic transfer within 21 days of termination of this Agreement. 

11.          Customer is responsible to pay:(a) the Storage Fee (being the amount set out on Smartroom website at smartroom.co.uk at the time of booking, as otherwise agreed or as most recently notified to Customer by Smartroom) payable in advance on the first day of each storage period (Due Date) and it is Customer's responsibility to see that payment is made directly to Smartroom on time and in full throughout the period of storage. Smartroom will not accept that payment has been made until it has received cleared funds; (b) a Cleaning Fee, to be invoiced at Smartroom’s discretion in circumstances described in this Agreement; (c) any costs incurred by Smartroom in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or default action costs and associated legal and professional fees; and (d) any government taxes or charges (including any value added tax) levied on any supplies made under this Agreement. Where Customer has more than one agreement with Smartroom, all will form one account with Smartroom and Smartroom may in its sole discretion elect to apply any payment made by or on behalf of Customer on this agreement against the oldest Debt due from Customer to Smartroom on any agreement in the account. Packing fees, cleaning, collection, delivery, waste removal or removal services need to be paid in full. Smartroom is not liable for providing any add-on services provided by third-party contractors. Any claim should be directly managed between customer and third party contractor, even when the service was booked through Smartroom. We act as a referrals of service provides and are not responsible for their actions or any circumstances. We may pass on your information to subcontractors or provide you with the information about subcontractors. We are not responsible for any inconvenience, damage or loss of items as a result of packing, collection or delivery of your items.  

12.          You must pay Us the Deposit when You sign this Licence if we separately ask you. The Deposit will be returned to You (without interest) after this Licence terminates, less any amount We may deduct to cover: (a) any breach of Conditions 42 and 47; (b) Your Debt or any unpaid removal or other charges; (c) any other obligation to Us that You have not performed; or (d) any sums accruing in respect of repairs or cleaning or the making good of Your breach of this Licence or the Conditions which We consider is required as a result of the storage of the Goods within the Store, in order to bring the Store up to substantially the same standard and condition as it was at the Start Date. 

13.          We will refund the Deposit (or the balance of it if We have made any deductions) to You within fourteen (14) days of the Termination Date. Any such refund will be by company cheque, direct debit or an electronic transfer to a credit/debit card. No refunds will be given by cash monies.  

14.          If You do not pay Our Rent within ten (10) days after its Due Date, You must immediately on demand pay Us a charge for late payment (the “Penalty Late Charge”) which is the larger of £10 or 10% of Our (4 weekly) Rent.  

15.          If Your failure to pay Our Rent continues for fifteen (15) days or more after its Due Date and/or You fail to pay the Penalty Late Charge on demand, We may (as an alternative) require You to pay Us interest on the amounts outstanding shall incur interest at the rate of 5% above the base rate of Lloyds Bank PLC, calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether before or after judgment. The Penalty Late Charge or interest shall be payable even if We exercise the right of sale under this Licence.  

16.Where You have more than one licence with Us, all will form one account with Us and We may choose to apply any payment made by You or on Your behalf for this Licence against any debt due from You to Us on any licence in the account.  

17.  Every time any amount submitted by You by way of payment of Our Rent is dishonoured, You must immediately on demand pay Us an administrative charge of £10. In addition, once a payment method has been dishonoured We can no longer accept payment in this form and require payment of Your outstanding account by debit card or credit card or direct bank transfer. 

18.  If You make a part payment of any of Our Rent outstanding under this Licence and We retain Your part payment, this will not affect Our ability to take any action against You or to exercise any rights that We have under this Licence in respect of Our Rent that remain outstanding from You. The time period from which We may take such action will still start from the Due Date on which the original Rent were due and the Due Date will not be extended as a result of Your part payment.  

19.  When You sign the Licence Form, You must pay Us Our Rent for the Minimum Storage Period. Minimum storage period is two weeks. After that, You must pay Our Rent on the Due Date. All sums payable to Us under this Licence will become due immediately upon termination of this Licence in accordance with Condition 86.  

20.  It is Your responsibility to make sure that payment is made directly to Us on time and in full throughout the period of storage. If You pay by direct transfer, You must make sure that You identify the payment clearly so that We can easily see that it relates to Your account. All cleared funds received must cover the balance owed.  

21.  If You do not pay any of Our Rent by the Due Date We may immediately without notice to You withdraw any further discounts, deductions, business services (where applicable) or other rebates on Our Rent agreed to be granted by Us to You. 

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS: 

22.  Smartroom takes the issue of prompt payment seriously and has a right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreement. If any sum owing to FO 

and other fees related to it are not paid when due (Debt), You authorise Smartroom without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Conditions 23 to 34. You acknowledges that (a) Smartroom shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) Smartroom  will sell the Goods as if Smartroom was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full. 

23.  The Goods are left in the Room at Your sole risk;  

24.  Without limiting Condition 24 or 59 or 62, We exclude any liability in respect of the Goods when payment of Our Rent or charges is overdue; and We may immediately exercise the lien described in this Licence (in particular in Condition 25).  

25.  On expiry or termination of this Agreement, if You fail to remove all Goods from the Unit, Smartroom is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with Conditions 26 to 34. You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any costs of disposal (Debt). 

26.  Before Smartroom sells or disposes of the Goods, it will give You notice in writing directing You to pay (if You are in default) or collect the Goods (if they are treated as abandoned). This notice will be sent by registered or recorded delivery to the postal address last notified by You to Smartroom in writing and by email and/or social media. If no address within the UK has been provided, Smartroom will use any land or email address or social media details it holds for You and any ACP. If You fail to pay the Debt and/or collect the Goods (as appropriate) Smartroom will access the Unit and begin the process to sell or dispose of the Goods. You consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content or value. Smartroom will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. Smartroom may also require payment of default action costs, including any costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt. 

27.  Sale proceeds will be applied first against the cost of removal and sale of Goods and second to pay the Debt. If sale proceeds do not discharge all of these costs and the Debt, You must pay Smartroom the balance within 7 days of a written demand from Smartroom. Smartroom may take action to recover the balance and any legal and administration costs incurred in doing so. If sale proceeds exceed the amount due from You, Smartroom will hold the balance for You but no interest will be payable on it. 

28.  If, in the opinion of Smartroom and entirely at Smartroom’s discretion, the Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, You authorise Smartroom to treat the Goods as abandoned and Smartroom may dispose of all Goods by any means at Your cost. Smartroom may dispose of the Goods at Smartroom’s discretion in the event that (a) Goods are damaged due to fire, flood or other event that has rendered them, in the opinion of the Smartroom, severely damaged, of no commercial value, or dangerous to persons or property, or (b) Goods may contain personal data belonging to You or others. Smartroom does not need Your prior approval to take this action but will send Notice to You within 7 days of assessing damaged Goods. 

29.Any items left unattended in common areas or outside Your Unit at any time shall be treated as abandoned and may at Smartroom’s discretion be moved, sold or disposed of immediately with no liability to Smartroom. 

30.          If the Deposit is insufficient to clear Your Debt in full, to hold onto and/or ultimately dispose of some or all of the Goods as described in Condition 10 onwards, and You will be required to pay Our costs of taking this action, including any costs associated with accessing the Room, cleaning the Room and disposing of or selling the Goods.  

31.          If Your Debt is not paid thirty (30) days after the Due Date or if You fail to collect the Goods after We have required You to collect them or if You fail to collect the Goods upon expiry or termination of this Licence, subject to Condition 26: (a) We may sell the Goods as if We were the owner of the Goods; (b) We will pass all ownership to the Goods to the buyer; (c) We will use the proceeds of sale to pay: first the reasonable costs incurred by Us in administering the debt collection and sale process. These costs will include (for example) auction costs, removal costs, cleaning costs and charges for Our own time;  secondly to pay Your Debt and to hold any balance for You. We are not required to give You any interest on the balance; and where We decide to sell the Goods, We will sell the Goods by any method(s) reasonably available to achieve a selling price reasonably obtainable in the open market, taking into account the costs of sale.  

32.If in Our opinion the Goods cannot reasonably and economically be sold (for any reason whatsoever) or they remain unsold despite Our efforts, You authorise Us to treat them as abandoned by You and destroy or otherwise dispose of them at Your cost (and this cost will be added to Your Debt).  

33.In respect of Goods that contain personal data (within the meaning of applicable data protection laws) or Goods that We reasonably consider may contain personal data (for example, electronic devices that could store personal data or physical materials such as documents, diaries, audiovisual storage media (e.g. CDs) and photographs that could contain personal data), and where We exercise the lien described in Condition 22-34 or where Condition 22 applies, We will dispose of or destroy such Goods at Your cost (and this cost will be added to Your Debt).  

34. We may also dispose of Your Goods if Your Goods are damaged due to fire, flood or any other event that has made the Goods (in Our opinion) severely damaged, of no commercial value, or dangerous to people or Our store. We do not need Your prior approval to take this action, but We will send notice to You within seven (7) days of assessing the Goods (or, where possible, We will try to give You prior notice). 

ACCESS: 

35.You have the right to access the Unit during Access Hours as posted by Smartroom and subject to the terms of this Agreement. Smartroom will try to provide advance warning of changes to Access Hours by notice at the Facility and/or by SMS or email, but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.  

36.          You have the right to access the Room at anytime during the Access Hours of the Licence Period only for the purposes of depositing, removing, substituting or inspecting the Goods and Your regular inspection of the Room for damage or unsuitability of the Goods. You are not permitted to have access to the Room for any other purposes or outside Access Hours (unless You have paid to have extended access). 

37.          Only You and persons authorised in writing or others authorised or accompanied by You (Your Agents) may access the Unit. You are responsible for and liable to Smartroom and other users of the Facility for Your own actions and those of Your Agents. Smartroom may (but is not obliged to) require proof of identity from You or any other person at any time and, at Smartroom’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof. You are responsible to close all the doors, shutter doors, gates and other access points once you leave the facility. Failure to close the door will result in £80 fine. 

38.          Smartroom may refuse You access to the Unit and/or the Facility where moneys are owing by You to Smartroom, whether or not a formal demand for payment has been made, or if Smartroom considers the safety or security of any person, unit or goods on or at the Facility has been threatened or may be put at risk. 

39.          Customer should not share access with or permit access to the Unit to any person other than its own Agent who is responsible to Customer and subject to its control. If Customer does so, it does so at its own risk. 

40.          You authorise Smartroom and its agents and contractors to enter the Unit in the following circumstances and to break any lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; (c) if Smartroom believes the Unit is being used to store prohibited goods or for a prohibited purpose; (d) if Smartroom is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or (e) to relocate the Goods or exercise Smartroom’s lien or power of sale or disposal in accordance with this Agreement. 40.2.4 for any purpose if We believe it is necessary in an emergency; 40.2.5 to obtain access for relocation purposes in accordance with Condition 35 and 7; 40.2.6 to obtain access in accordance with Our powers if You have not made Prompt Payment of Your Debt; or to prevent injury or damage to persons or property.  

CONDITIONS: 

41.          Smartroom will not be responsible for locking any unlocked Unit. Where applicable, Customer will secure the external gates, shutter doors and/or doors of the Facility. 

Failure to close the doors to ensure the safety of the facility results in £80 fine. 

42.          You must not store (or allow any other person to store) any of the following in the Unit: (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; (d) firearms, explosives, weapons or ammunition, power inverters or power generators; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, smell or odours; (g) 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, cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to the property of any person, pollutants, toxic or hazardous materials or contaminated goods or other materials of a potentially dangerous nature; (i) any item of high value requiring specialist storage (including without limitation jewellery, money, bullion, deeds, bonds, securities, stamps, antiques, fine art, fine wines, currency, deeds or securities; (j) self-combustible, flammable, explosive or oxidising materials, liquids, chemicals, radioactive materials, biological agents, asbestos; or gases e.g. paint, petrol, oil, cleaning solvents, gas cylinders, cellulose nitrate film or fireworks; and waste materials including any materials or goods for export deemed to be waste e.g. used electrical equipment (unless tested and certified for re-use), used vehicles or parts thereof; or (K) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis. You will be liable under Condition 63 if You store or keep any of these items in Your Room. Where We discover any of these items in Your Room, We will notify You. Unless We determine that such item(s) are dangerous, a risk to health and safety and/or perishable, We will ask You to promptly remove such item(s) from Your Room. If You do not do so, or where the item(s) are deemed by Us to be dangerous, a risk to health and safety and/or perishable, You agree that We may destroy or otherwise dispose of such items at Your cost.  

43.          You must ensure that the Room is locked so as to be secure from unauthorised entry at all times when You are not using the Room and that it is alarmed when You leave the 

Store. We will not be responsible for locking any unlocked Room. You should not leave Your key with, provide Your PIN number to, provide your app access to, or permit access to Your Room to any person other than Your own agent, who is responsible to You and subject to Your control and if You do so, You do so at Your own risk whether or not any such person is Our employee or agent. We do not accept any liability for any person (including Our employee or agent) holding Your key and having access to Your Room and any such person acts as Your agent only.  

44.          You will use the Unit solely for the purpose of storage and shall not (or allow any other person to): (a) use the Unit as offices or living accommodation or as a home, business or mailing address; (b) use or do anything at the Facility or in the Unit which may be a nuisance to Smartroom or any other person (including the escape of any substance or odour from or generation of noise or vibration which may be heard or felt outside the Unit); (c) use or do anything at the Facility or in the Unit which may invalidate or increase premiums under any insurance policies of Smartroom or any other person; (d) paint or make alterations to or attach anything to the internal or external surfaces of the Unit; (e) connect or provide any utilities or services to the Unit unless authorised by Smartroom; (f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors); or (g) create any obstruction or leave items or refuse in any common space within the Facility. 

45.          You must ensure that when the Goods are presented for storage, they will be securely and properly packed or bottled (as the case may be) and in such condition so the Goods do not to cause damage or injury to the Store or to any other property, whether by spreading damp, infestation, leakage or the escape of fumes or substances or in any other way.  

46.          You must not (and You must not allow any other person to): (a) use the Room or do anything at the Store or in the Room which may be or may become an annoyance or nuisance to Us or the users or licensees of any other room or any person at the Store or neighbours of the Store; (b) do anything at the Store or in the Room which may invalidate any of Our insurance policies or those of other room users or licensees or increase the premiums payable on them; (c) use the Room as living accommodation or office; (d) use the Room as a home address or business address and not use the address of the Store or the Room for receiving or sending mail without Our prior permission; (e) use any charging equipment in the Room or in any part of the Store (including power banks, portable chargers or similar) when You are not with such equipment; (f) use any power inverters or power generators; (g) use more than one (1) computer server at any time in the Room; (h) carry out crypto mining in the Room; (i) paint, spray paint or do any mechanical work of any kind in the Room; (j) attach anything to the internal or external surfaces of the Room or make any alteration to the Room; (k) allow any liquid, substance, smell or odour to escape from the Room or any noise to be audible or vibration to be felt outside the Room; (l) cause any damage to the Room or any other room or the Store or its facilities or to the property of Us or any other room users or licensees or other persons at the Store and if You cause any damage You must (at Our choice) repair, restore or replace such damage or item or reimburse the costs of making necessary repairs, restoration or replacement or make proper compensation to other room users or licensees; (m) leave anything in or cause any obstruction or undue hindrance in any passageway, stairway, service area or other part of the Store and You must at all times be courteous to others and take reasonable care for Your own safety and that of others in using these areas; (n) leave any waste or refuse that is created by storing the Goods and You will be charged the reasonable costs of disposing of such waste or refuse if You do not comply with this Condition; (o) connect anything to any power point without Our consent. Any electrical appliance connected must be placed on a proper surface in an area dedicated for their use; (p) ignore any regulations in force from time to time at the Store and in particular You undertake to observe and comply with the “No Smoking” policy that is in effect in the Store and its common parts like ramp; (q) display any signs at the Store or on the windows of Your space without Our written consent; or (r) prevent or obstruct Our rights of possession and control of the Room as stated in these Conditions.  

47.          You must (and You shall ensure that Your agents): (a) use reasonable care when at the Store or using the Room and take all reasonable care in respect of the Room, the Store, and the property of Us or any other room users or licensees or other persons at the Store; (b) inform Us immediately of any damage or defect to the Room; (c) comply with the reasonable directions of any of Our employees, agents and contractors at the Store and any further regulations or instructions for the use, safety and security of the Room and the Store which We may issue from time to time; (d) pay for the reasonable cost of repairs or cleaning or making good to Your Room or Our Store, of any damage caused by You or Your agents, including any damage caused by Your removal, haulage or delivery contractors, or any disposal of refuse or waste;  

48.          Maintain all electrical equipment used in the Room in accordance with Health and Safety standards and all compliance legislation. All items must be safely connected. All electrical equipment must be PAT tested every year. This will be carried out by contractors We have approved. We will give You notice of the test date. The cost of these annual tests will be recharged to You as part of the Other Charges;  

49.          The Customer must maintain the Unit by ensuring it is clean and in a state of good repair. In the event of uncleanliness of or damage to the Unit or Facility, Smartroom will be entitled to charge a Cleaning Fee, and/or claim full reimbursement from the Customer of the reasonable costs of repairs, replacement, restoration, proper compensation or disposal of refuse or other items left behind anywhere in the facility, or that in any way affects the use of the facility by others. Such charges will be applied to the customer’s payment method in the first instance and will incur a minimum £75 fee. 

50.          Customer must (and ensure that its Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Smartroom of any damage or defect immediately it is discovered and comply with the reasonable directions of Smartroom’s employees, agents and contractors and any other regulations for the use, safety and security of the Facility as Smartroom shall issue periodically. Customers must not block any entrance, block any car parking spaces, park in the basement, park next to the entrance, park on the ramp or leave items outside or inside the facility such as to block access in any way. Driveway and ramp and basement area should be used only for unloading and loading and driver should always be present next to vehicle. Customers found doing so will incur a fee of at least £75 in the first instance and may have their contract terminated with immediate effect. 

51.          This Agreement does not confer on the Customer any right to exclusive possession of the Unit and Smartroom reserves the right to relocate Customer to another Unit not smaller than the current Unit (a) by giving 7 day’s notice during which the Customer can elect to terminate their agreement or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, Smartroom will pay Customer’s reasonable costs of removal if approved in writing by Smartroom in advance of removal. If Customer does not arrange removal by the date specified in Smartroom’s notice, then Customer authorises Smartroom and its agents to enter Unit acting as Customer’s agents and at Customer’s risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 59). 

52.          You must ensure the Unit is suitable for the storage of the Goods intended to be stored in it and You are advised to inspect the Unit before storing Goods and periodically during the storage period. Smartroom makes no warranty or representation that any unit is suitable for any particular goods and accepts no liability in this regard. Unit sizes are approximate. If You have exact requirements, You must check with Smartroom before signing this Agreement as, by signing, You agree to the actual size of the Unit and not any represented unit size.  

53.          Smartroom may refuse storage of any Goods or require You to remove Goods if in Smartroom’s opinion storage of such Goods creates a risk to the safety of any person or property. 

54.Customer must give Notice to Smartroom in writing of the change of address, phone numbers or email address of the Customer within 48 hours of any change. 

55. By giving You seven (7) days’ written notice if We close the Store or any part of the Store for redevelopment; in these circumstances, where We have given You prior notice, You shall remove the Goods from the current Room and move them to the new Room. The Goods may need to be moved from the Room to another Room in another store, which We will try to ensure is as near as possible to the Store in the given circumstances. We agree to pay Your reasonable costs of removal if We have approved those reasonable costs in writing in advance of the removal. 

36. If You do not arrange for the removal of Goods to the alternative Room by the date specified in Our notice (where applicable), We and Our agents and contractors may enter the Room and arrange for removal of the Goods. In doing so, We and Our agents and contractors will act as Your agent and the removal will be at Your risk (except for loss or damage caused wilfully or negligently by Us and Our agents and contractors, which is subject to limitation of Our liability contained in Condition 59).  

56.If the Goods are moved to an alternative Room, this Licence will be varied by the substitution of the alternative Room number but shall otherwise continue in full force and effect and Our Rent at the rate set out on the Licence Form will continue to apply to the alternative Room. 

57.          In the event of a fire or flood or other incident or occurrence at the Store which in Our opinion requires the Room or any part of the Store to be closed or sealed off, and We will try and give You seven (7) days’ written notice but this may not always be possible;  

RISK AND RESPONSIBILITY: 

58.          Smartroom will not be liable for any loss or damages suffered by You as a result of You not being able to access the Facility or the Unit, regardless of the cause. 

59.          The Goods are stored at Your sole risk and responsibility and You shall be responsible for and bear the risk of any and all theft, damage to, and deterioration of the Goods caused by any reason. Smartroom excludes all liability in respect of (a) loss or damage to Your business, if any, including consequential loss, lost profits or business interruption; (b) loss of or damage to Goods or any claim for return of the Storage Fees except where this results from Smartroom’s negligence or breach of contract, in which case Smartroom’s liability will be limited to the sum of £100 in total. Smartroom does not exclude liability for physical injury to or the death of any person which is a direct result of negligence or wilful default on the part of Smartroom, its agents and/or employees. 

60.          Smartroom does not insure the Goods and it is a condition of this Agreement that the Goods remain insured at all times while they are in storage against all Normal Perils for their Replacement Value. Customer warrants that such cover is in place, that it will not allow or cause such cover to lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the Replacement Value. Smartroom does not give any advice concerning insurance cover given by any policy and Customer must make its own judgment as to adequacy of cover even when facilitated by Smartroom. Inspection of any insurance documents provided by Customer to demonstrate cover does not mean Smartroom has approved the cover or confirmed it is sufficient. 

61.          If We have told You that You are required to hold public liability insurance, You will provide Us with evidence of Your public liability insurance and a copy of the policy upon Our request. You will not allow any insurance cover. We require You to hold to lapse throughout the Licence Period. Inspection by Us of any insurance documents provided by You to demonstrate cover does not mean that We have approved the cover or confirmed it is sufficient.  

62.          We do not exclude liability to You where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation, for physical injury to or the death of any person and which is a direct result of Our negligence or wilful default or that of Our agents and/or employees or for breach of Your legal rights in relation to the services.  

63.          It will be Your responsibility to compensate FO for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by FO or third parties (Liabilities) resulting from or incidental to (a) the use of the Unit (including but not limited to the ownership or storage of Goods in the Unit, the Goods themselves and/or accessing the Facility) or (b) breach of this Agreement by You or any of Your Agents or (c) enforcement of any of the terms of this Agreement.  

64.          You agree to comply with this Agreement and all laws and regulations relevant to the use of the Unit. This includes laws relating to material which is stored and the manner in which it is stored. You will be responsible for all Liabilities resulting from such a breach. 

65.          If Smartoom has reason to believe that You are not complying with all relevant laws FO may take any action it considers necessary, including, but not limited to, action outlined in this license, contacting, cooperating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at Your expense. You agree that FO may take such action at any time even though FO could have acted earlier. 

66.          Smartroom shall not be considered to be in breach of this Agreement nor liable for any delay in performing or failure to perform any of its obligations under this Agreement or any resulting loss or damage to Goods if such delay, failure, loss or damage results from events, circumstances or causes beyond FO’s reasonable control. Such circumstances include (but are not limited to) any Act of God, riot, strike or lock-out, 

trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard or recommended restrictions, or entry into any unit including the Unit or the Facility by, or arrest or seizure or confiscation of Goods by, competent authorities. If this happens, Smartroom will not be responsible for failing to allow access to the Goods, Unit and/or the Facility for so long as the circumstances continue. Smartroom will try to minimise any effects arising from such circumstances. Any dispute as to the ownership of the Room or as to the person who is entitled to law to have possession of the Room; and/or Our enforcement of any of the Conditions of this Licence. 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: The action outlined in Conditions 83 and 40; 65 contacting, cooperating with and/or submitting Goods to the relevant authorities; and/or immediately disposing of or removing the Goods at Your cost, and You agree that We may take such action at any time even though We could have acted earlier. 

67.You agree to comply with this Licence and all relevant laws and regulations that are or may be applicable to the use of the Room. This includes laws relating to the Goods which are stored and how You store the Goods. You are responsible for any breach of those laws, and You must compensate Us for the full amount of all claims, liabilities, demands, damages, costs and expenses We incur due to Your breach of laws.  

PERSONAL INFORMATION: 

68.Smartroom collects information about the Customer on registration and whilst this Agreement continues, including personal data (Data). Smartroom processes Data in accordance with the Data Protection Act 1998 and GDPR and uses it to process payments, communicate with Customer and generally maintain Customer’s account. Smartroom may share Data with, and collect Data from, credit reference or fraud prevention agencies and trade associations of which Smartroom is a member. If Customer applies for Smartroom’s insurance, Smartroom will pass Data on to the insurer, who may enter such Data onto a register of claims shared with other insurers to prevent fraudulent claims. Smartroom will release Data and other account details at any time if it considers in its sole discretion this is appropriate: (a) to comply with the law; (b) to enforce this Agreement; (c) for fraud protection and credit risk reduction; (d) for crime prevention or detection purposes; (e) to protect the safety of any person at the Facility, (f) if Smartroom considers the security of any unit at the Facility or its contents may otherwise be put at risk. Also, if Smartroom sells or buys any business or assets, it may disclose Data and account details to the prospective seller or buyer of such business or assets or if substantially all of Smartroom’s assets are acquired by a third party, Data and account details will be one of the transferred assets. Individuals have the right to request a copy of the information that Smartroom holds on them and requests should be emailed or sent to the addresses on the cover sheet. A small charge may be made for this service. 

69.          If Customer agrees, Smartroom will use Data for marketing and like purposes, including to provide Customer with information on products or services provided by 

Smartroom and/or its business partners in response to requests from Customer or if Smartroom believes they may be of interest. We use different apps to store you information. You may opt out at a later date by contacting Us using the email address set out on the Licence Form.   

70.          We may share Your Data with, and obtain information about You from, credit reference or fraud prevention agencies (including Police, Counter Terrorism and Customs and Excise) or trade associations of which We are a member. If You select Our Enhanced Liability Service, We may pass Your details on to Our agents, surveyors and contractors who are assessing and/or assisting with any compensation requests. We may share data with debt collection agencies.  

71.          We collect information about You when You register with Us and during the course of this Licence to manage Your account. This information includes Your personal data (“Your Data”), and We process Your Data in accordance with the General Data Protection 

Regulation and all associated laws. Your Data will be used for the purposes of this 

Licence, processing payments, communicating with You, and generally maintaining Your account with Us to comply with Our legal obligations and Our legitimate business interests.  

72.We will release Your Data and other account details at any time if We consider in Our sole discretion that such release is appropriate to comply with the law, to enforce this Licence, for fraud protection and credit risk reduction, (from crime prevention or detection purposes), or to protect the safety of any person at the Store, or We consider that the security of the Room or its contents, or other rooms at the Store or their contents, will be put at risk.  

73.If We sell or buy any business or assets, We may disclose Your Data and account details to the prospective seller or buyer of such business or assets. If Our business or substantially all of Our assets are acquired by a third party, Your Data and account details will be one of the transferred assets.  

74.You have the right to request a copy of the information that We hold about You, to request that inaccurate Data is rectified, to restrict how Data is used and in certain circumstances to have Data deleted. Please e-mail or write to Us at the address provided on the Licence Form should You wish to request for any of the above to be actioned. More details on how We use Data and Your rights in relation to Data are set out in Our Privacy Notice which can be viewed on Our website or provided on request. 

75.  We will contact, disclose, discuss and provide access to Your account details and discuss any default of this Licence by You with, and otherwise deal with (as Your agent), Your “Authorised Person – Authorised For Account Access” in accordance with, and to the extent of, Your instructions. In addition, if We are unable to contact You at Your contact details specified  

76.  If no person is nominated as an Authorised Person, You must provide Us with an 

Emergency Contact and We may contact Your Emergency Contact as specified on the Licence Form (“Emergency Contact”) to ask for their assistance in contacting You should We be unable to make contact with You.  

77.  You warrant that You have the right to provide to Us the personal data of such Authorised Persons and Emergency Contacts and to authorise Our use of such data for the purposes set out at Conditions 75, 76 and 77.  

78.  You must inform Us in writing of any changes to Your details, Your Authorised Person’s details or Your Emergency Contact’s details as soon as possible following the change.  

79.  We will only disclose Your Data to a person identifying themselves to Us as Your spouse or partner if such individual has been named by You on the Licence Form as an Authorised For Account Access.  

80.  For further information on how Your Data is used, how We maintain the security of Your Data, and Your rights to access information We hold on You, please contact Us using the Freephone telephone number set out on the Licence Form.  

COMMUNICATIONS AND NOTICE: 

81.  Smartroom can send You notifications regarding day to day matters and minor changes to this Agreement by email and/or by SMS if You have agreed to receive notifications by SMS. These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency. We may also use Your social media accounts. 

82.  Notices to be given by Smartroom or You for more significant changes to the services and these terms or to enforce rights under this Agreement (such as ending the Agreement, changing prices, significant disruptions or enforcing FO’s right to sell or dispose of Goods) must be in writing and must either be delivered by hand, pre-paid post or email. Notices shall be considered to have been received at the time of delivery by hand, one day after sending by email or 48 hours after posting. Notices from Smartroom to You will be sent to the addresses on the cover sheet or the most recent address in England and/or email address notified by You to Smartroom and/or Your social media accounts. In the event of not being able to contact You at the last notified postal or email address, Notice will be considered as having been given to You if Smartroom serves that Notice on the ACP as identified on the front of this Agreement at the last notified postal or email address of the ACP. Any notice from You must be sent to the Smartroom by email tov [email protected]. In the event that there is more than one storer named on the Agreement, Notice to or by any single storer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement. 

CANCELLING OR ENDING THE AGREEMENT: 

83.Either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated at the top of this agreement. In the event of illegal or environmentally harmful activities on the part of the Customer or a breach of this Agreement (which, if it can be put right, Customer has failed to put right within 14 days of notice from Smartroom to do so), Smartroom may terminate the Agreement immediately without notice period. Smartroom is entitled to make a charge for apportioned Storage Fees if less than the requisite Notice is given by Customer. Customer must remove all Goods in the Unit before the close of business on the Termination Date and leave the Unit in a clean condition and in a good state of repair to the satisfaction of Smartroom. In the event that Goods and/or refuse are left in the Unit after the Termination Date, Conditions 5 and 18 will apply. Customer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to Smartroom up to the Termination Date, or Conditions 4 to 8 may apply. Any calculation of the outstanding fees will be by Smartroom. If Smartroom enters the Unit for any reason and there are no Goods stored in it, Smartroom may terminate the Agreement without giving prior Notice but will send Notice to Customer within 7 days. 

84.          Customer agrees to examine the Goods carefully on removal from the Unit and must notify Smartroom of any loss or damage to the Goods as soon as is reasonably possible after doing so. In any event, We need to inspect any damage to the goods and to take photographic evidence before You can proceed with any insurance claim for loss or damage or request for compensation under Our Insurance charge.  

85.          Liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement. 

86.          Either You or We may terminate this Licence: (a) by giving not less than the agreed written notice (which is stated in the Termination Notice Period stated on the Licence 

Form) to the other ending on any Due Date and termination will take effect from that Due Date, which shall be the Termination Date (if this Licence is not be terminated on the Due Date You will be given a further seven (7) days grace, after which it will be assumed that You have not served written notice on Us of Your intention to terminate); or (b) immediately by giving written notice to the other if it commits a serious breach of any term of this Licence and (in the case of a serious breach which can be put right), You or We (as the case may be) have failed within fifteen (15) days after service of a notice to do so, to put right the breach. Serious breach includes a failure by You to pay all Our Rent and Other Charges due to Us under this Licence or a failure by You to comply with this license. The Termination Date shall be the date the notice is effectively served on You or Us (as the case may be) in accordance with the requirements for notices in this license.  

87.          Immediately on the Termination Date, You must remove all goods from the Room and leave the Room clean and tidy and in the same condition as at the Start Date. If You do not do so, You shall pay Our costs of cleaning the Room or disposing of any goods or rubbish left in the Room or at the Store. We may treat Goods remaining in the Room after the Termination Date as abandoned and may dispose of them. 

88.          Where this Licence has terminated and You have paid more of Our Rent and charges than are due at the Termination Date, We will refund the balance to You after deduction of any payments due to Us as if the balance were a Deposit. No interest will accrue on any money held by Us for You. 

89.          Where any payments are still outstanding from You up to the Termination Date, You must pay Us in full including any outstanding interest before We will release the Goods to You. Any calculation of the outstanding fees will be done by Us. If You do not pay Us such amounts, Conditions from this license may apply.  

GENERAL: 

90.          This section sets out why and how We might change the terms of this Licence and explains what rights You have if We do.  

91.          We may, at any time, vary the terms of this Licence to reflect: (a) any changes to the services We provide to You; and (b) changes in the law or as a result of regulatory changes;  

92.          Any variation to the terms of this Licence made in accordance with Condition 91, above, will be regarded as a “Major Change”. We may also, from time to time, make less significant changes to the terms of this Licence (for example to clarify the wording used in a particular Condition) and such a change will be regarded as a “Minor Change”.  

93.          At least 30 days before We make any Major Change to the terms of this Licence, as described in Condition 91, above, We will provide notice of the change to You by email or post.  

94.          Upon receiving notice of any Major Change, You may terminate this Licence before the change is made by giving written notice to Us. If You do decide to terminate the Licence for this reason:  

95.          the Termination Date shall be the day before the change is made; and Conditions of this Licence will apply.  

96.          If We make any Minor Change to the terms of this Licence, We will explain the change to You via an email or a letter and will provide a link to the revised terms for You to review.  

97.          If You continue to use Your Room following any change to the terms of this Licence in accordance with this Condition, You will be deemed to have accepted the change.  

98.          We may alter Our Rent at any time by giving You written notice and the new Rent shall take effect on the first Due Date occurring not less than four (4) weeks after the date of Our notice. You may terminate without charge before the change takes effect by giving notice under Condition 83.  

99.          If You would like to make a change to Your selected licence options please contact Us (for example if You would like to move to a bigger room). We will let You know if the change is possible. If it is possible We will let You know about any changes to the fees for the services or anything else which would be necessary as a result of Your 

requested change and ask You to confirm whether You wish to go ahead with the change.  

100.       If We decide not to exercise or enforce any right that We have against You at a particular time (or if We delay exercising such a right), then 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.  

101.       If any court or competent authority decides that any of the Conditions in this Licence are invalid, illegal or unenforceable to any extent, the Condition will, to the extent it is invalid, illegal or unenforceable, be considered to be removed from this Licence, and the remaining terms of this Licence will continue to be valid and will not be affected in any way.  

102.       You may not assign any of Your rights under this Licence or part with possession of the Room or the Goods whilst they are at the Store to any other person, firm or company without Our prior written consent.  

103.       Where You are two (2) or more persons under this Licence, each person takes on the obligations under this Licence separately.  

104.       This Licence is between You and Us. No other person shall have any rights to enforce any of the Conditions.  

105.       Before taking any court proceedings for anything arising out of this Licence (apart from emergency court proceedings), the complaining party shall inform the other party in writing of the dispute in as much detail as possible and You and We agree to try informal conciliation within twenty (20) working days of the notice of the dispute. If the dispute cannot be resolved, You and We agree to use the Centre for Effective Dispute Resolution (www.cedr.com) to try to resolve the dispute amicably by using an 

Alternative Dispute Resolution Procedure before taking any other court proceedings. If the dispute is not resolved to mutual satisfaction within ninety (90) days after notice of the dispute has been given, You or We may submit the dispute to the Court. This Condition does not affect the right of either You or Us to terminate this Licence.  

106.       We are Smartroom Services ltd, a company registered in England and Wales with company number 13304509. For more information on the Company please visit www.smartroom.co.uk and click on “About Us” or email [email protected]. 

ADDITIONAL TERMS FOR STORAGE OF GOODS: 

107.We use both electronic and padlock: (a) If Your licence is for the storage of Goods, the terms set out at Conditions 84 to 88 apply in addition to the General Conditions. If there are any inconsistencies between the provisions of the General Conditions and any additional terms and conditions in this section, the additional terms and conditions set out in this section will take precedence: 

108.       You are responsible for providing a secure padlock for the Room. You are responsible for removing the lock from Your Room on the Termination Date. 

109.       You confirm throughout the Licence Period that: (a) the Goods in the Room from time to time are Your own property; or (b) the person who owns or has an interest in the Goods has given You their authority to store the Goods in the Room on the terms and conditions in this Licence and that You act as the agent of that person. You indemnify Us against any loss or damage suffered by Us for breach of this warranty including against any loss, damage or expenses incurred by Us (including any reasonably incurred legal fees) arising from any step or action taken by any person who owns or has an interest in the Goods.  

110.       Extended access is available between the hours indicated on the Licence Form and is only provided in return for a further fee being paid. We may decline Your request for extended access and may charge You a further reasonable fee for the time and effort involved in resolving any issues with regard to extended access, when the service has not been paid for or correctly used by You. We may also withdraw the extended access service from You or may adjust the hours of access provided. If We withdraw the extended access service, You will no longer be required to pay the extended access fee from the date that Your extended access is stopped. 

111.       You will promptly prepare a fire risk assessment for Your room(s) if We ask You to complete a fire risk assessment. 

112.       You must complete an inventory of Your Goods and submit the inventory to us at the start of Your storage with Us. We do not inspect the Goods when they arrive at the 

Store and We do not keep any records concerning, or any other inventory of, the Goods.  

OTHER IMPORTANT TERMS: 

113.       Smartroom may vary the Storage Fee or other terms of this Agreement and add new terms and conditions as long as such changes are notified to You in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of FO’s notice. You may end this Agreement without charge before the change takes 

effect by giving notice in accordance with Condition 36. Otherwise, Your continued use of the Unit will be considered as Your acceptance of and agreement to the amended terms.  

114.       You acknowledge and agree that :(a) the terms of this document constitute the whole agreement with FO and, in entering this Agreement, You do not rely on any statement, promise, representation, assurance or warranty which is not set out in this Agreement; (b) any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this Agreement or have any contractual force; (c) the terms of this Agreement apply to the exclusion of any other terms that You seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; (d) You have raised all queries relevant to Your decision to enter this Agreement with FO and FO has, prior to You entering into this Agreement, answered all such queries to Your satisfaction; (e) any special terms agreed between You and FO, been recorded in writing and incorporated into the terms of this Agreement; (f) if FO decides not to exercise or enforce any right that it has against You at a particular time, then this does not prevent FO from deciding to exercise or enforce that right at a later date unless FO tells You in writing that FO has waived or given up its ability to do so; (g) it is not intended that anyone other than You and FO will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it; (h) if any provision or part-provision of this Agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enforceability of the rest of this Agreement; (i) You may not assign or transfer any of Your rights under this 

Agreement or part with possession of the Unit or Goods whilst they are in the Facility; (j) FO may transfer its rights under this Agreement to another organisation and will let You know if it plans to do this; and (k) where there are two or more joint Storers, each person takes on the obligations under this Agreement separately. 

115.       This Agreement shall be governed by English law and any dispute or claim that either party brings will be decided by the Courts of England and Wales. The parties must first try to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for emergency interlocutory relief, that it has first offered to submit the dispute to mediation. 

116.       Smartroom shall take out and maintain a contract of insurance in accordance with a Summary of Insurance document provided to You. This will provide cover for the Goods for the value stated as the full total replacement value of the Goods as new on the cover sheet. Smartroom does not carry out any valuation of the Goods and is not responsible for ensuring that the full replacement value as new as stated by You in the cover sheet is an accurate or true valuation of the full replacement value as new of the Goods at any time. You are responsible for ensuring that insurance cover for the value of Goods insured is maintained at an adequate level throughout the period of this 

Agreement. If loss or damage occurs to the Goods as a result of any matter which may result in a claim under Smartroom’s insurance policy, after receipt from You of a written request to notify a claim, Smartroom will notify its insurer promptly of the claim. For the purposes of processing any such claim, You shall provide Smartroom, Smartroom’s insurer or any of its agents appointed to investigate such claim (such as a loss adjuster) with such information and evidence as may reasonably be required in relation to the claim. Smartroom shall pay or arrange for payment to You that part of any proceeds of any claim made by Smartroom which relates to damage or loss to the Goods after deduction of any outstanding sums due to Smartroom from You. In the event that Smartroom makes a claim under its insurance policy in respect of loss or damage to the Goods, You acknowledge that Smartroom’s liability to make any payments to You in relation to such claim is restricted to payment to You of the amount that Smartroom recovers from its insurer under its insurance policy in relation to the Goods. Whilst Smartroom will notify claims to its insurer, Smartroom is not under any circumstances obliged to start or threaten to start any legal proceedings in relation to any such claim. Nothing in this Agreement shall make or be deemed to make Smartroom Your agent. If You fail to pay any insurance charges than any insurance cover in respect of the Goods will cease immediately from the date such charges are due. 

You agree that your order for the Services, whether made by clicking a “Book” button (which is your electronic signature), scheduling an appointment over the phone, or otherwise, is your agreement to conduct transactions with us electronically, and is your affirmative consent to our use of an electronic record to provide or make available to you (whichever is required) any information required by any statute, regulation, or other rule of law to be in writing with respect to any transaction conducted with us. You will be responsible for any printing or storage of electronic records for your files and reference. When you place an order or make a reservation for Services, our confirmation of your order or reservation will constitute our signature. We will send our confirmation to the email address associated with your Smartroom Account. 

To the maximum extent permitted by applicable law, you agree and consent to electronically receive and sign any documentation from Smartroom regarding the 

Services, including but not limited to a Bill of Lading, Estimate, Warehouse Receipt, Release Agreement, and/or Storage Contract, via your Smartroom Account, DocuSign, or any other similar e-signature tool. To the maximum extent permitted by applicable law, you expressly waive your right to receive any documentation from Smartroom regarding the Services, including but not limited to a Bill of Lading, Estimate, Warehouse Receipt, Release Agreement, and/or Storage Contract, in the time period set by applicable law. You agree and consent to receive such documentation in any time frame permitted by applicable law. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or these Terms. 

By using the Services, or other paid services or products provided by Smartroom, you agree to our pricing and payment terms, as we may update them from time to time. Smartroom may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time, in its sole discretion. Smartroom may also charge certain late, rush, and cancellation fees, in its sole discretion. Upon any such changes to fees and charges, we will notify you that such changes have been made via email and/or your Smartroom Account. We may, from time to time and in our sole discretion, offer certain discounts, promotional offers, or referral codes (“Promotions”)in connection with our Services. You agree that Promotions are offered subject to our right to manage, regulate, control, modify, revoke, and/or eliminate the Promotions as Smartroom sees fit, in its sole discretion, for any reason or no reason, in any general or specific case, and that Smartroom will have no liability to you based on its exercise of such right. 

In order to receive Services, you must provide Smartroom with a current, valid, accepted method of payment (as updated from time to time, “Payment Method”). All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site, your Smartroom Account, or the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other accepted payment method used in connection with a purchase or transaction or other monetary transaction interaction with Smartroom at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions. In the event of insufficient funds or declined payments, we will make repeated attempts to charge the Payment Method. At our discretion, we may charge the Payment Method with a reasonable hold amount or non-refundable deposit in advance of any appointments booked through your Smartroom Account. Any amounts not paid within five (5) days when due may be subject to late fees. 

In the event that Smartroom suspends or terminates your Smartroom Account or the Services for your breach of these Terms, you understand and agree that you shall receive no refund or exchange for any unused Services, any license or subscription fees for any portion of the Site or Services, any content or data associated with your account, or for anything else, and that Smartroom may be unable to complete any outstanding orders or appointments until the suspension is lifted. 

Further, you acknowledge and agree that the Smart Storage Services or other paid services or products provided by Smartroom may be made available on a recurring subscription basis (“Subscription Services”). If you enrol in any Subscription Services, you agree to a recurring payment program, which will continue for the agreed-upon subscription period or minimum storage term, if applicable, and automatically renew for additional subsequent periods unless and until you cancel the Subscription Services or Smartroom suspends, discontinues, or terminates them. Smartroom may offer a number of subscription plans for Subscription Services with different conditions and limitations. Any materially different pricing or payment terms will be disclosed on the Site, in your 

Smartroom Account, and/or in other communications made to you. For Subscription 

Services, we will automatically charge the payment method associated with your Smartroom Account on a recurring basis, depending on the subscription term you choose. For Smart Storage Services, day one of your billing cycle is the date you begin storing Customer Items with us. You acknowledge that the amount billed may vary due to promotional offers, changes in your Subscription Services plan, and/or changes in applicable taxes, and you authorise us to charge your payment method for the corresponding amounts. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees. 

You hereby authorise Smartroom to bill the subscription fee to your Payment Method, along with any applicable taxes or additional fees due during the billing period. You must cancel the Subscriptions Services prior to the end of the then-current subscription period in order to avoid billing of the next subscription period’s subscription fees to your 

Payment Method. 

Any change to our Subscription Services’ pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Notwithstanding the foregoing, fees for booking initial appointments, additional pickups and/or deliveries, final returns, or other appointments or add-on services are subject to change and will be calculated on the Site, at the Pickup Address on the date of your appointment, or in your Smartroom Account at the time of booking. 

You may cancel your Subscription Services at any time once the minimum storage term you committed to has been met; however, you will not receive a refund for the thencurrent subscription period. If your Subscription Services are canceled before the minimum storage term you committed to has been met, all applicable fees (including payment for the remainder of the minimum storage term and any applicable termination fees, disposal fees, and/or return fees) will be due and charged to you upon booking a final return of the Customer Items. To cancel the Subscription Services, book a final return of the Customer Items through your Smartroom Account at https:// account.Smartroom.com. When you cancel the Subscription Services, you cancel only future charges associated with your Smartroom Account. You may notify us of your intent to cancel the Subscription Services by booking a final return of the Customer Items, but the cancellation will only become effective at the end of the subscription period in which we perform your final return. You will continue to have the same access and benefits of the Services for the remainder of the current subscription period. 

The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Smartroom. Smartroom does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Site, you do so at your own risk, and you understand that these Terms and Smartroom’s Privacy Policy do not apply to your use of such sites and services. You expressly relieve Smartroom from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site or in connection with the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Smartroom shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. 

BUSINESS FAILURE: 

In the event that Smartroom ceases operations, we will attempt to make reasonable efforts to return or deliver your Customer Items to you, but cannot guarantee if and when such returns will occur. Smartroom will not be liable for any failure to return Customer Items in the event of a business failure. 

YOUR ACCEPTANCE OF THESE TERMS: 

You certify that you have read and expressly agree to these Terms and you acknowledge that certain provisions of the Terms limit your legal rights and remedies. You intend your assent to these Terms to be a complete and unconditional release of all liability to the greatest extent permitted by law. 

You expressly agree and acknowledge that you may discover facts or law different from, or in addition to, the facts or law that you know or believe to be true with respect to the Claims. Nonetheless, you expressly agree and acknowledge that this section shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. You expressly agree and acknowledge that all rights under California Civil Code Section 1542 are expressly waived. California Civil Code Section 1542 provides: 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES 

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF 

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE 

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR 

Force Majeure 

Notwithstanding anything to the contrary, Smartroom will not be liable or responsible for any damage to or loss of any Customer Items, or failure to perform, or delay in performance of, any of its obligations under these Terms, including without limitation any Services, that is caused by events outside its reasonable control (including but not limited to) acts flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; pandemic; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labor dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the 

Internet or telecommunications (each, a “Force Majeure Event”). 

Smartroom may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or in your Smartroom Account, as determined by Smartroom in our sole discretion. Smartroom reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Smartroom is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Smartroom may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the “last modified” date at the bottom of this page and notify you that material changes have been made to these Terms. Subject to applicable laws, all changes to these Terms are effective immediately when we post them, and apply to all access to and use of the Site or Services thereafter. Your continued use of the Site or Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to use or access) the Site or Services. 

117.PLEASE READ THE ABOVE CONDITIONS CAREFULLY AS BY ACCEPTING THE TERMS AND CONDITIONS YOU WILL BE BOUND BY THEM. 

I/we consent to receiving correspondence from the facility owner by SMS, WhatsApp to my mobile, email, post and by telephone. 

     I/we acknowledge that the above key points have been drawn to my/our attention and 

I/we have read and understood them. 

I/we agree to be bound by the conditions of this Agreement. 

Please read conditions overleaf carefully as by signing this agreement you will be bound by them.  

I/We agree to be bound by the Conditions of this Agreement as shown overleaf.  

Customers Signature:  

Date of this Agreement:

Accepted by Facility Owner - Signed for and on behalf of Facility Owner  

Signature:  Smartroom Services Ltd

Print name: Smartroom Services Ltd

I accept the offer of insurance of goods stored 

I acknowledge that these main points have been drawn to my/our attention and I have read and understood them.  

Leave blank if insurance was not offered 

Customer’s Signature: 

Insured contractor cover - see clause 117 for details