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Protection Plan
Addendum to Licence Agreement
This is an addendum to our Licence Agreement.
Under this addendum, capitalised words used in this addendum but not defined shall have the meaning set out in Your Licence Agreement and the following words have the following meanings:
“Licence Agreement” means the standard Workspace Licence Agreement that You entered into with Workspace on the date
set out in the Contract Details Form.
Under this addendum We accept additional responsibility in relation to the Goods as set out in the conditions below.
Our Agreed Responsibility:
1. Subject to the terms and conditions in this addendum, We will be responsible for reimbursing You for theft, loss, deterioration, or damage to Your Goods stored at Your Unit under Your Licence Agreement with Us caused by the following:
- fire, lightning, explosion, earthquake, aircraft or articles dropped therefrom, riot and civil commotion, malicious damage, storm, flood, water ingress, burst pipes and escape of water from fixed installations, moth and vermin damage, impact by road vehicles and theft following forcible and violent means of entry and /or exit from the premises; and any other matters within our reasonable control.
2. Our total liability per incident of theft, loss, damage or deterioration shall in no circumstances exceed the lower of (i) the Replacement Value and (ii) the Protection Plan Limit.
3. All individual Goods which are valued at or in excess of £2,500 must be declared to Us in writing by email to: Self.Storage@workspace.co.uk. If You do not notify Us of any individual Goods valued at or in excess of £2,500 in
accordance with this condition 3, our liability in respect of such Goods shall not exceed £2,500. For the avoidance of doubt, this condition 3 is subject always to the limits on Our total liability set out in condition 2.
4. We exclude all liability in respect of loss or damage: (i) if You are a business, to Your business (if any), including for any business interruption, any loss of profits (including loss of anticipated savings) or loss of opportunity; loss of
sales or business; loss of agreements or contracts; loss of use or corruption of software, data or information; loss or depletion of or damage to goodwill; or any special, indirect or consequential loss; or (ii) that is not a foreseeable
consequence of the circumstances set out in condition 1. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this addendum was entered into, both We and You knew that the loss might happen.
5. If You are a consumer, who has paid for the Protection Plan in this addendum, the provisions of this addendum apply in addition to, and not instead of, the provisions in Your Licence Agreement. There is no intention that the limitations of liability set out in this addendum amend Workspace’s general liability under clause 44 of Your Licence Agreement.
6. If You are a business who has paid for the Protection Plan in this addendum, the provisions of this addendum apply instead of the general liability provisions in clause 45 of Your Licence Agreement. If there are any inconsistencies between the provisions of clause 45 of Your Licence Agreement and the terms and conditions in this addendum, the terms and conditions set out in this addendum will take precedence.
ADDITIONAL TERMS OF THIS ADDENDUM
7. To benefit from this addendum to Your Licence Agreement You must:
- a) Ensure that all information provided to Us is true and complete to the best of Your knowledge and that the Replacement Value of Your Goods as stated is true and accurate. Any under declaration of values may result in Us offering compensation at a percentage reduction in the same proportion as the under declaration of values;
- b) Keep the information provided to Us up to date at all times and inform Us immediately of any changes. Failure to do so could result in Us refusing to pay all or part of the compensation You are seeking for loss or damage to Your Goods; and
- c) Keep the payment of our Fees due for the Protection Plan up to date. Failure to do so could result in Us refusing to pay all or part of the compensation You are seeking for loss or damage to Your goods, with respect to any loss or damage which arises during a period of time that You did not pay the relevant amounts on time.
8. We do not carry out any valuation of the Goods and You warrant that the Replacement Value as stated by You is accurate and true, You are responsible for ensuring that the Replacement Value of Goods You have notified to Us is accurate throughout the Licence Period and You should also carry out regular reviews of the Goods to ensure that this is the case. If, at any time during the Licence Period, the Replacement Value of Your Goods exceeds the Protection Plan Limit, You should contact us in order to increase the Protection Plan Limit. If You do not do so, Our
total liability will not, in accordance with condition 2, exceed the Protection Plan Limit (even if the Replacement Value of Your Goods is greater).
Goods subject to specified limitations or exclusion:
9. You are not permitted to store (or allow any other person to store) in the Unit any of the items specified in clause 36 of Your Licence Agreement. Any item stored in breach of clause 36 of Your Licence Agreement shall not constitute “Goods” for the purposes of the Protection Plan in this addendum. No compensation shall be payable and We shall have no responsibility or liability for any loss of, damage to or deterioration of, any such item under the Protection Plan in this addendum. This condition 9 applies at all times without prejudice to clause 48 and 50 of Your Licence Agreement.
10. In respect of any item consisting of articles that are part of a pair or set, We will only compensate You for the individual damaged or lost item(s). We will not compensate You for companion pieces which are not lost or
damaged. How We will calculate compensation.
11. Subject to the limits on compensation set out in conditions 2 and 3, in the event of the total loss or destruction of any Goods stored in Your Unit, We will compensate You for such lost or damaged Goods based on the cost of
replacing the item as new, provided that the item is substantially the same as but not better than the original when replaced. If any Goods are only partially damaged, We may pay for replacement, repair or cleaning of the damaged
portion as an alternative to providing a new replacement item, but We will not pay more than if the property had been completely destroyed.
How to notify Us of loss or damage:
12. Loss or damage to Your Goods must be notified to Us in accordance with the provisions of the Liability Claim. Notification provisions in Annex 1 of Your Licence Agreement.
13. You must complete a form (accessible via Your Account) in order to make a request for compensation (Claim Form). You should submit the claim form in Your Account but if You are having trouble submitting the Claim Form
or if You need assistance You can call or email us per the contact details set out in Your Licence Agreement.
14. You shall provide Us or any agent of ours appointed to investigate Your request for compensation, with such information and evidence as may reasonably be required in relation to the request.
General:
15. If We become aware or have good reason to believe that any request for compensation is made where You know the same to be false or fraudulent as regards the amount claimed or otherwise, We will have the right to refuse
compensation and the right to immediately terminate this addendum. We may also take action against You as set out in Your Licence Agreement.
16. We shall investigate all claims promptly, acting reasonably and in good faith. If We determine that compensation is not due to You, We shall notify You in writing and include the reasons in Our notice.
17. We shall use reasonable endeavours to pay or arrange for payment to You any compensation due pursuant to the terms of this addendum which relates to damage or loss to the Goods after deduction of any outstanding sums due
to Us from You within 30 days of You submitting the Claim Form. In the event that it is not reasonably practicable to pay any compensation due to You within this timeframe, We shall notify You and keep you updated as to the
expected timeframe for payment.
18. This is not an offer of insurance and You are not party to any insurance contract.
total liability will not, in accordance with condition 2, exceed the Protection Plan Limit (even if the Replacement Value of Your Goods is greater).
Goods subject to specified limitations or exclusion:
9. You are not permitted to store (or allow any other person to store) in the Unit any of the items specified in clause 36 of Your Licence Agreement. Any item stored in breach of clause 36 of Your Licence Agreement shall not constitute “Goods” for the purposes of the Protection Plan in this addendum. No compensation shall be payable and We shall have no responsibility or liability for any loss of, damage to or deterioration of, any such item under the Protection Plan in this addendum. This condition 9 applies at all times without prejudice to clause 48 and 50 of Your Licence Agreement.
10. In respect of any item consisting of articles that are part of a pair or set, We will only compensate You for the individual damaged or lost item(s). We will not compensate You for companion pieces which are not lost or
damaged. How We will calculate compensation.
11. Subject to the limits on compensation set out in conditions 2 and 3, in the event of the total loss or destruction of any Goods stored in Your Unit, We will compensate You for such lost or damaged Goods based on the cost of
replacing the item as new, provided that the item is substantially the same as but not better than the original when replaced. If any Goods are only partially damaged, We may pay for replacement, repair or cleaning of the damaged
portion as an alternative to providing a new replacement item, but We will not pay more than if the property had been completely destroyed.
How to notify Us of loss or damage:
12. Loss or damage to Your Goods must be notified to Us in accordance with the provisions of the Liability Claim. Notification provisions in Annex 1 of Your Licence Agreement.
13. You must complete a form (accessible via Your Account) in order to make a request for compensation (Claim Form). You should submit the claim form in Your Account but if You are having trouble submitting the Claim Form
or if You need assistance You can call or email us per the contact details set out in Your Licence Agreement.
14. You shall provide Us or any agent of ours appointed to investigate Your request for compensation, with such information and evidence as may reasonably be required in relation to the request.
General:
15. If We become aware or have good reason to believe that any request for compensation is made where You know the same to be false or fraudulent as regards the amount claimed or otherwise, We will have the right to refuse
compensation and the right to immediately terminate this addendum. We may also take action against You as set out in Your Licence Agreement.
16. We shall investigate all claims promptly, acting reasonably and in good faith. If We determine that compensation is not due to You, We shall notify You in writing and include the reasons in Our notice.
17. We shall use reasonable endeavours to pay or arrange for payment to You any compensation due pursuant to the terms of this addendum which relates to damage or loss to the Goods after deduction of any outstanding sums due
to Us from You within 30 days of You submitting the Claim Form. In the event that it is not reasonably practicable to pay any compensation due to You within this timeframe, We shall notify You and keep you updated as to the
expected timeframe for payment.
18. This is not an offer of insurance and You are not party to any insurance contract.