Terms and Conditions
INTERPRETATION
In these Conditions, the following definitions apply unless the context requires otherwise. References to “we”, “us”, “our” are references to Nookify Ltd, Unit 12, Brownstown Business Centre, BT62 4EA or any of its subsidiaries or holding companies. References to “you” and “your” are references to the Customer named on the front page of the Services Agreement. “Additional Charges” means charges for merchandise, transport, waste facilities, out of hours access, false alarm call outs, VAT, and other charges that may be incurred from time to time, such as cleaning, repairs, and maintenance. “Agreement” means the Services and Storage Agreement overleaf. “Conditions” means these conditions of providing our Services and use of Storage Centres together with any additional conditions which may from time to time be brought to your attention or which are supplied herewith. “Customer Information Sheet” means the information sheet provided to all customers who wish for us to take limited responsibility for loss or damage to their goods, forming part of these terms and conditions and as amended from time to time. “Late Charge” means a charge for late payment of a sum due and owing. “Period” means one calendar month. “Period of Storage” means the period of time (being not less than 7 days) during which the Property is stored at the Storage Centre. “Property” means the property from time to time stored at the Storage Centre. “Regular Service and Storage Charge” means the service and storage charge levied for each Period that the Property is stored at the Storage Centre. “Storage Centre” means the premises indicated in the Agreement overleaf. “Services” means the provision of services related to storage to be provided by us pursuant to these Conditions and the Agreement with you, to include cleaning, maintenance, management services, premises security, loading and unloading, and the service of storage. “Total Charge” means the Regular Service and Storage Charge plus any Additional Charges. “Week” means a period of 7 days.
THE PROVISION OF SERVICES
We will, upon receipt of the First Payment and such other periodic charges as may accrue from time to time, provide the Services to you for the duration of the Period of Storage or until the Agreement is terminated in accordance with clause 12.1 of these Conditions. You warrant that you are either the owner of the Property or you are authorised by the owner of the Property to accept these Conditions on their behalf. We do not inspect property in the Storage Centre, and we do not keep any records concerning, or any inventory of, the Property, nor do we have any knowledge of its nature, condition, or state of repair. Please note that all unit sizes are approximate, and we accept no responsibility for their accuracy. In agreeing to our charges, you accept that these apply to the unit you use and not any unit represented.
RIGHTS OF ACCESS
At our discretion, we may allow other persons authorised by you to have access to the Storage Centre and to remove the Property. If such a person has been given the code and the key to the unit, we will assume them to be authorised by you to access the unit. We will not be liable for loss of or damage to the Property arising from someone being given access or being allowed to remove the Property where we have reasonable grounds to believe that person is entitled or authorised to have access. The Storage Centre will be open during the designated opening times. Unless indicated otherwise, the Storage Centre will be closed on Sundays, and on bank and public holidays. We reserve the right to alter the designated opening times at our sole discretion by notice at the Storage Centre. Out of hours access may be arranged at our sole discretion. An additional charge may be levied for out-of-hours access. If you require access after normal business hours of the Storage Centre or on a Sunday, bank holiday, or public holiday, arrangements must be made in advance during normal business hours with a member of staff at the Storage Centre. We reserve the right to exclude you from the Storage Centre if you are in breach of any of the provisions of the Agreement or these Conditions for as long as such breach remains unremedied.
THE TOTAL CHARGE
The Total Charge will be payable in respect of each Period. The Total Charge for the first Period will be due and payable on the date that the Agreement overleaf is signed by you, and the Total Charge for each successive Period thereafter will be due and payable on the first day of that Period. We are entitled to increase the Total Charge by giving you one month’s prior written notice. Any such increase will take effect immediately following the expiry of the current Period. We will be entitled to impose a late charge of 5% or 10% of the overdue Service and Storage Charge (whichever is greater) (plus applicable VAT, if any) for each Period that the Total Charge remains unpaid after becoming due and payable. Such Late Charges will be invoiced separately. A service charge of £20.00 will be levied for all returned cheques and rejected payments.
YOUR UNDERTAKINGS
You agree and warrant that:
- You will not store, or permit the storage of, any goods that are hazardous, dangerous, illegal, stolen, perishable, environmentally harmful, or explosive.
- You will not use the Storage Centre or any unit for any unlawful or immoral purposes.
- You will not leave waste materials in the unit or the Storage Centre and will ensure that any goods you store are kept within the unit allocated to you and are not left in any common areas.
- You are responsible for securing your unit and ensuring that the unit remains locked at all times.
- You will give us 14 days' notice before vacating the unit and ensure that it is left in a clean condition upon your departure.
OUR RIGHTS OF LIEN
We will have a lien over your Property in the event of any outstanding amounts owed to us under these Terms. In case of non-payment, we reserve the right to retain, sell, or otherwise dispose of the Property to recover any overdue charges, in accordance with legal requirements.
LIMITATION OF LIABILITY
We will not be responsible for any damage or loss to the Property resulting from your negligence or failure to comply with these Terms. Our total liability for loss or damage to the Property, except where caused by our own gross negligence, will not exceed £100 per unit.
INDEMNITY
You agree to indemnify us and hold us harmless against any claims, costs, or expenses that we incur as a result of your breach of these Terms, including but not limited to any legal expenses.
TERMINATION
Either party may terminate this Agreement by giving 14 days' written notice. In the event of breach of these Conditions, we reserve the right to terminate this Agreement immediately.
General Terms:
- These Conditions will be governed by and construed in accordance with the laws of Northern Ireland.
- Any notice to be given under these Conditions must be in writing.
- These Conditions constitute the entire agreement between the parties regarding the provision of storage services by Nookify Ltd.