SELF STORAGE LICENSE AGREEMENT
1. This Self Storage License Agreement (Agreement) is entered into between Space Next Door Singapore Pte. Ltd., referred hereto as the Facility Owner (FO), and user or customer who uses and makes a booking of storage space (Space) through Space Next Door platform/website/application, referred hereto as the Storer.
2. The Storer and FO agree that the Agreement is entirely contained within this document as updated from time to time.
3. The Storer:
1. has the right to store Goods which are not against or in contravention of any laws, rules, regulations and public policy of the Republic of Singapore (Goods) in the Space allocated by FO pursuant to the terms and conditions in this Agreement;
2. is deemed to have knowledge of the Goods in the Space;
3. warrants that they are the owner of the Goods in the Space and/or are entitled at law to deal with the Goods in accordance with all aspects of this Agreement;
4. has inspected the Space and/or agrees the Space is satisfactory for storage of the type, nature and volume of the Stored Goods, including but not limited to any need for climate control, air conditioning or unique measurement requirements.
4. The FO:
1. does not have, and will not be deemed to have, knowledge of the Goods;
2. is not a landlord;
3. is not a bailee nor a warehouseman of the Goods, and Storer acknowledges that FO does not take possession of the Goods.
5. Notwithstanding any other provision of this Agreement, Storer unconditionally and irrevocably agrees FO shall have the right from time to time to make amendments to the terms of the Agreement as may be appropriate for ensuring compliance with applicable law, for administrative purposes or any other reason deemed necessary at the discretion of FO. In the event of any change to the Agreement, Storer will be given Notice, and the changes will apply from the time the Notice is sent.
6. The Storer must upon booking and acceptance of this Agreement pay to FO:
1. the Deposit, which FO may deduct against for damage to the Space, unpaid fees, or any other expenses or costs outstanding (any remaining Deposit will be refunded within 14 days of termination of this Agreement); and
2. the Administration Fee (where applicable).
7. Storer is responsible to pay:
1. the Storage Fee being the amount indicated in this Agreement or the amount displayed on Space Next Door platform/website/application or the amount notified to the Storer in writing by the FO from time to time. The Storage Fee is payable in advance and it is the Storer's responsibility to see that payment is made directly to the FO, on time, in full, throughout the period of storage. The FO is not obliged to bill for fees;
2. the Cleaning fee (where applicable) at the FO’s discretion;
3. a Late Payment Fee (where applicable), which becomes payable each time a payment is late by each 10 days;
4. any costs incurred by the FO in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, and/or the default action costs; and
5. any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.
8. The Storer is prohibited from making a payment by direct debit or credit without faxing a copy of the deposit slip or banking details to the FO, and clearly identifying the Storer’s name, the Space number and the Facility. Failure to comply with this provision may result in the FO enforcing rights outlined in Clause 9, and the Storer authorizes the FO to do so.
9. Notwithstanding clause 22, the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 30 days of the due date, the FO may, without further notice, enter the Space and take possession of all goods and articles in the Space, by force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the Space on such terms that the FO may determine. The FO may also require payment of default action costs, including any costs associated with accessing the Storer’s Space and disposal or sale of the Storer’s Goods. Any excess moneys recovered by the FO on disposal will be returned to the Storer.
10. If the Storer has more than one Space, any breach or default in regards to one Space will authorize the FO to enforce default action with regards to all the Storer’s Spaces, including but not limited to refusing the Storer access to the Spaces and/or Facility.
ACCESS and CONDITIONS
11. The Storer:
1. will be solely responsible for the securing of the Space and shall so secure the Space at all times when the Storer is not in the Space in a manner which is acceptable to the FO, and where applicable will secure the external gates or doors of the premises;
2. must not store any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable, including animals, or that are a risk to the property of any person;
3. must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
4. will use the Space solely for the purpose of storage and shall not carry on any business (including but not limited to using the Facility’s address as registered address of any business) or other activity in the Space and accepts full responsibility and shall indemnify the FO in respect of any and all liability arising from a contravention of this clause;
5. must not inhabit, reside or live in the Space;
6. must not attach nails, screws etc. to any part of the Space and must maintain the Space by ensuring it is clean and in a state of good repair and must not damage or alter the Space without the FO’s consent; in the event of uncleanliness of or damage to the Space or the FO will be entitled to retain the Storer’s deposit, charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs required and the Storer shall indemnify the FO in respect of any and all liability, cost and expenses arising from the contravention of this clause;
7. must not leave any items, including boxes, wrapping, rubbish or other items, in communal areas or in or around the Facility or access thereto; any such leaving of items will be disposed of and the Storer will be charged a Disposal Fee;
8. shall be considered only as a bare licencee and shall have a contractual interest in the Space only and does not and will not have any interest in land whatsoever;
9. cannot assign this Agreement without the prior written approval of the FO, and any purported assignment shall be legally ineffective and shall also constitute a fundamental breach of this Agreement;
10. must give Notice to the FO in writing of the change of address of the Storer or the Alternate Contact Person within 48 hours of any change;
11. grants the FO entitlement to discuss any default by the Storer with the Alternate Contact Person (where applicable); and
12. acknowledges and agrees that the contractual right to use the Space is personal to the Storer only and, if the Storer is an individual, will automatically terminate upon the death of the Storer. If the Storer is a corporate or business entity, the right to use the Space will automatically terminate upon commencement of liquidation or similar proceedings in respect of the Storer. The Goods will be held over for a further period of 30 days pending collection by the person entitled in law to receive the same on behalf of the Storer, as determined by the FO in its discretion and on such terms as the FO may determine. After expiry of such 30 day period, the Goods will be sold or disposed of on such terms as the FO may determine and the proceeds used to settle any outstanding fees owing to the FO.
12. The FO may refuse access to the Space by the Storer where moneys are owing by the Storer to the FO, whether or not a formal demand for payment of such moneys has been made. Further, the FO may limit, restrict, regulate or change the opening hours or access to the Facility.
13. The FO reserves the right to relocate the Storer to another Space under certain circumstances including but not limited to damage to the Facility or Space, maintenance work or any other reason the FO deems reasonable.
14. No oral statements made by the FO or its employees shall form part of this Agreement, and no failure or delay by the FO to exercise its rights under this Agreement will operate to waiver those rights.
15. Goods are stored at the sole risk and responsibility of Storer who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever including acts or omissions, negligent deliberate or otherwise, of FO or persons under its control. In any event and notwithstanding anything contained in this Agreement, in no circumstances shall FO be liable, in contract, tort (including negligence or breach of any statutory duty) or otherwise howsoever, and whatever the cause thereof,
1. for any loss or damage to the Goods;
2. for any increased costs or expenses;
3. for any loss of profit, business, contracts, revenues, or anticipated savings; or
4. for any special, indirect and/or consequential damage of any nature whatsoever.
16. Storer agrees to indemnify and keep indemnified FO from all claims for any loss of or damage to the property of, or personal injury to, third parties resulting from or incidental to the use of the Space by Storer.
17. Storer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Statutes, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Space. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with Storer, and includes any and all costs resulting from such a breach.
18. In addition to any other remedies as may become available to it, FO may, if FO has reason to believe that Storer is not complying with all relevant laws, take any action FO believes to be necessary, including but not limited to the action outlined in clauses 20 & 22, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at Storer's expense. Storer agrees that FO may take such action at any time even though FO could have acted earlier.
19. Subject to clause 20, Storer consents to inspection and entry of the Space by FO provided that FO gives 14 days written Notice.
20. In the event of an emergency, that is where property, the environment, or animal or human life is, in the opinion of FO, threatened, FO may enter the Space using all necessary force without the written consent of the Storer, but FO shall notify Storer as soon as practicable. Storer irrevocably and unconditionally consents to such entry.
21. Notices will usually be given by email, or if given in writing will be left at, or posted to, or faxed to the address of the Storer or the FO. In relation to the giving of Notices to the FO, Notices must actually be received to be valid. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by the FO if the FO serves that Notice on the Alternate Contact Person (where applicable), or has sent Notices to the last notified address of the Storer or Alternate Contact Person.
22. Once the initial period of storage has ended, either party may terminate this Agreement and consequently the Storage Period by giving the other party 14 days Termination Notice. In the event of illegal or environmentally harmful activities on the part of Storer, FO may terminate the Agreement without Notice. FO is entitled to retain a portion of the deposit if less than the requisite Notice is given by Storer. At the end of the Storage Period Storer must remove all Goods in the Space and leave the Space in a clean condition and in a good state of repair to the satisfaction of FO by the date specified. Storer must pay any outstanding moneys and any expenses on default owed to FO up to the date of termination, or clause 9 may apply. Any calculation of the outstanding fees will be by FO and such calculation will be final. If FO enters the Space for any reason and there are no Goods stored therein, FO may terminate the Agreement without giving prior Notice, but FO will send Notice to Storer in writing within 7 days.
23. The Parties' 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 and the Storage Period.
24. Goods left in the Space at the end of the Storage Period are deemed abandoned and will be destroyed or disposed of within 48 hours of the Space being vacated. Storer may be charged a Cleaning and/or Disposal Fee for this service.
25. A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of the Singapore Statutes, to enforce its terms.
LIMITATION OF LIABILITY
26. The Storer:
1. agrees that the terms of this document constitute the whole contract with the FO and that, in entering this contract, the Storer relies upon no representations other than those contained in this Agreement.
2. acknowledges that it has raised all queries relevant to its decision to enter this Agreement with the FO and that the FO has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by the FO, been reduced to writing and incorporated into the terms of this Agreement.
3. agrees to indemnify and hold FO harmless against all suits, claims, liabilities, losses, expenses, threats or lawsuits or other governmental actions, and damages (including legal expenses) of any kind or character arising of or as a result from: (i) Storer’s breach of this Agreement; and (ii) the negligence or misconduct of the Storer, its employees or agents in the performance of this Agreement or the use of the Facility and/or Space.
27. FO will not be liable in the event that it is unable to uphold or perform any aspect of this Agreement, including the ability to access the Facility, or any loss or damage to goods, due to riots, strikes, acts of terrorism, acts of God, civil unrest, lock-outs or any other matters beyond the control of FO.
28. Any damages, whether for physical and/or economic loss or damage, which FO is liable to pay to Storer pursuant to this Agreement or performance of this Agreement (including damages for negligence or damages for consequential loss) are limited in all cases to a maximum of S$1,000.
29. This Agreement shall be governed by and construed in accordance with the laws of Singapore, and Storer and FO agree that the non-exclusive jurisdiction of the Singapore courts apply with regard to any claim or dispute arising in relation to or under the terms of this Agreement.