Licence Terms
ABOUT US AND YOUR AGREEMENT:
1. You can find everything you need to know about Us, and our services on our Website before you enter into this Agreement. We also confirm the key information about our contract with you to You in writing on our Website, in the Contract Details Form and in these licence terms before you enter into the Agreement.
2. Unit sizes are approximate. If You have exact requirements, You must check with Workspace before signing this Agreement as, by signing, You agree to the actual size of the Unit and not any represented unit size.
3. We do not give business customers the same rights as consumers. For example, business customers can't cancel their orders, they have different rights where there is a problem with a product and we do not compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
4. This Agreement begins once you have set up your Account, completed and submitted the Contract Details Form and paid the first months’ Storage Fees.
5. You must make sure the information you provide in the Contract Details Form is accurate before submitting it.
6. If you are a consumer, you have the right to change your mind and receive a refund of what you paid (subject to the terms set out in the rest of this clause 6) provided you let us know you want to change your mind within 14 days from the date we accepted your order. To let us know you want to change your mind, contact Self.Storage@workspace.co.uk. We will not refund you for the time you were receiving the service (i.e. had access to the Unit) before you told us that you had changed your mind. We will refund you as soon as possible and in any case within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We do not charge a
fee for the refund.
7. You can find a copy of these licence terms available at all times via your Account and on our Website.
8. The provisions of the Protection Plan addendum will apply if you purchase the Protection Plan at any time during the Licenced Period.
9. DEFINITIONS:
Access Hours: the hours we permit you to access the Unit as set out on our Website and/or as amended from time to time in accordance with the provisions of this agreement.
Account: the online account registered to You on our Website.
ACP: the Alternate Contact person designated in the Contract Details Form.
Agents: has the meaning set out in clause 30.
Agreement: the Contract Details Form, these licence terms and any documents expressly incorporated in these terms, together with the Protection Plan (if applicable). Contract Details Form: the form you completed and submitted via our Website.
Debt: has the meaning set out in clause 18.
Due Date: has the meaning set out in clause 13.
Facility: the premises at which the Unit is located.
Fees: together the Storage Fees and all Other Fees payable by you in accordance with this agreement.
Goods: anything You store in the Unit at any time during this Agreement.
Late Payment Fee: the greater of £10 or 10% of the Storage Fees.
Liabilities: has the meaning set out in clause 48.
Licence Period: the period commencing on the Start Date and ending on the Termination Date.
Minimum Storage Period: the minimum storage period set out in the Contract Details Form.
Other Fees: all other fees payable to Us by You in respect of the Unit from time to time, including any cleaning fees, Late Payment Fee, interest, admin fees, repair fees, and any other fees set out or referred to in this Agreement, or otherwise incurred by you from time to time.
Protection Plan: the additional agreement between You and Workspace in relation to enhanced protection for your Goods as described in the Protection Plan addendum (if you have purchased the Protection Plan).
Replacement Value: the replacement value for the Goods set out in the Contract Details Form.
Start Date: the date specified in the Contract Details Form.
Storage Fees: the monthly fees for the use of the Unit set out in the Contract Details Form, and as updated from time to time in accordance with this Agreement together with any VAT (if applicable).
Termination Date: the date of termination of this Agreement in accordance with clauses 56 , 57 or 58 .
Unit: the storage unit specified in the Contract Details Form.
VAT: value added tax chargeable in the UK.
Website: means our website https://storage.workspace.co.uk/ or such other website notified to the You by Us from time to time.
Workspace, We, Us, Our: Workspace Management Limited, Centro One, 39 Plender Street, London NW1 0DT (company registration no. 02841232).
You,
Your: the customer named in the Contract Details Form.
STORAGE:
10. So long as all Fees are paid up to date, You are licensed to store permitted Goods in the Unit in accordance with the terms of this Agreement for the Licence Period.
11. You are deemed to have knowledge of the Goods in the Unit, and 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.
12. Workspace: (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 Workspace does not take possession of the Goods; and (c) does not grant any lease or tenancy of the Unit and does not create the relationship of landlord and tenant between You and Us.
COST:
13. You must pay Us the Storage Fees. Workspace will take the first payment for the Minimum Storage Period when you enter into this Agreement in accordance with clause 4 . We will take subsequent payments monthly in advance on the same date you entered into the Agreement (save for
any month which does not have that date, in which case it will be the day before) for each subsequent month until the Termination Date (Due Date). If the rate of VAT changes between your order date and the Start Date, we may adjust the rate of VAT that you pay, unless you have already paid in full before
the change in the rate of VAT takes effect.
14. We may charge you reasonable removal fees, repairs, cleaning, or other reasonable charges incurred by Us in relation to the Unit, including any reasonable charges incurred by Us in order to restore the Unit back to substantially the same condition it was in at the Start Date.
15. It is Your responsibility to see that payment is made directly to Workspace on time and in full throughout the Licence Period. You can pay by using a debit card or credit card, or by direct debit. In each case the designated bank account or card (as applicable) will be charged automatically on
each Due Date. Workspace will issue an electronic invoice to your Account prior to payment.
16. If you do not pay the Storage Fees on the Due Date and still do not pay within 7 working days after being notified that you are in default and need to pay, you will immediately on demand, pay to Us a Late Payment Fee. The Late Payment Fee is not a penalty, but a genuine pre-estimate of the possible reasonable costs and losses Workspace may suffer if you fail to make payment on the Due Date.
17. If the Late Payment Fee is not enough to cover Workspace’s reasonable costs and losses, You may also be liable to pay Us, on demand, any additional reasonable costs and losses incurred by Workspace in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, unit inventory, debt collection, personnel and/or
default action costs and associated legal and professional fees.
18. If you do not pay all Fees due but unpaid under this Agreement on the applicable due date for payment (a Debt), clauses 20 to 28 shall apply.
19. Where You have more than one Agreement with Workspace, all will form one account and Workspace may in its sole discretion apply any payment made by You or on Your behalf on this Agreement against the oldest amount due from You to Workspace on any Agreement in the account. If You make a part payment of any Storage Fees due to Workspace and Workspace retains Your part payment, this will not affect Workspace’s ability to take any action against You or to exercise any rights Workspace has under this Agreement in respect of the Storage Fees which remain outstanding from You. The time period from which Workspace may take such action will still start from the Due Date when the original Storage Fees were due and the Due Date will not be extended as a result of Your part payment.
DEFAULT AND ABANDONMENT - RIGHT TO SELL OR DISPOSE OF GOODS:
20. Workspace takes the issue of prompt payment seriously and Workspace has a right of lien over the Goods, which is a right to seize the Goods as security until we receive payment of any Debt and we may sell or dispose of the Goods as set out below.
21. If you have a Debt: (a) Workspace may refuse You and Your Agents access to the Goods and the Unit; (b) Workspace shall be entitled to continue to charge Storage Fees from the date on which the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (c) the
value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full on demand; (d) You hereby authorise Workspace to enter the Unit and: (i) overlock it until the Debt has been paid in full; (ii) inspect and/or remove the Goods to another unit or
site and to charge You for all reasonable costs of doing so; and (iii) sell or dispose of some or all of the Goods in accordance with clauses 23 to 28.
22. On termination of this Agreement, if You fail to remove all Goods from the Unit by close of business on the Termination Date, Workspace is authorised to treat the Goods as abandoned and may sell or dispose of all Goods by any means in accordance with clauses 23 to 28 . You are liable for Storage Fees for the period from abandonment to the sale or disposal of the Goods together with any other applicable costs set out in clauses 23 to 28 payable in accordance with the provisions below.
23. You acknowledge that Workspace will sell the Goods as if Workspace was the owner and will pass all rights of ownership in the Goods to the buyer.
24. Before Workspace sells or disposes of the Goods, it will give You notice in writing directing You to pay the Debt (if You are in default) or collect the Goods (if they are treated as abandoned or if you are storing Goods in breach of applicable law) within 14 days. This notice will be sent to you in accordance with clause 55 . If You fail to pay the Debt and/or collect the Goods (as
appropriate) by the date set out in the notice, Workspace may begin the process of selling or disposing of the Goods and You hereby consent to and authorise the sale or disposal of all Goods without further notice regardless of their nature, content, or value. If selling the Goods, Workspace will sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale. Workspace may also require payment of reasonable default action costs, including any reasonable costs associated with accessing the Unit and disposal or sale of the Goods, which shall be added to the Debt (if any) or, if there is no Debt, shall simply payable in accordance with the provisions below.
25. Sale proceeds will be applied first against the reasonable cost of removal and sale of Goods, and second to pay any Debt and/or additional fees due pursuant to clauses 22 and 24 . If sale proceeds do not discharge all of these costs, and the Debt (as applicable), You must pay Workspace the balance within 7 days of a written demand from Workspace. Workspace may take action to recover the balance and any reasonable legal and administration costs incurred in doing so. If sale proceeds exceed the Debt (if any) and/or the reasonable costs of removal and sale and any other costs payable in accordance with this Agreement, Workspace will hold the balance for You and pay you such balance to the bank account or card used to pay the Storage Fees within 14 days but no interest will be payable on it.
26. If, in the opinion of Workspace and entirely at Workspace’s discretion, the Goods are either not saleable, fail to sell within a reasonable time when offered for sale, or are not, in the reasonable opinion of Workspace, of sufficient value to warrant the expense of attempting to sell, Workspace may dispose of all Goods by any means at Your cost.
27. In relation to Goods subject to sale or disposal under these clauses 23 to 28 , Workspace may dispose of the Goods at Workspace’s discretion in the event that (a) Goods are damaged due to fire, flood or other event that has rendered them, in the reasonable opinion of Workspace, severely damaged, of no commercial value, or dangerous to persons or property, or (b) Goods contain (or may contain, in Workspace’s reasonable opinion) personal data belonging to You or others. Workspace does not need Your prior approval to take this action but will send notice to You within 7 days of assessing damaged Goods or Goods which it believes contain personal data.
28. Any items left unattended in common areas or outside Your Unit at any time shall be treated as abandoned and may at Workspace’s discretion be moved, sold or disposed of immediately in accordance with the provisions above with no liability to Workspace.
ACCESS:
29. You have the right to access the Unit during Access Hours. Workspace will provide advance warning of changes to Access Hours by notice in your Account or via email in accordance with clause 65 but reserves the right to change or restrict Access Hours temporarily: (a) to other reasonable times without giving prior notice; (b) due to an event or circumstance outside Workspace’s reasonable control; and/or (c) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property.
30. Only You or others authorised or accompanied by You (Your Agents) may access the Unit. You are responsible for and liable to Workspace and other users of the Facility for Your own actions and those of Your Agents. Workspace may (but is not obliged to) require proof of identity from You or any other person at any time and, at Workspace’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.
31. Workspace may refuse You access to the Unit and/or the Facility where you owe a Debt to Workspace, whether or not a formal demand for payment has been made, or if Workspace 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.
32. You should not leave a key with or permit access to the Unit to any person other than Your Agents who are responsible to You and subject to Your control. If You do so, it is at Your own risk.
33. If Workspace or its agents and contractors need to inspect, or carry out non-urgent repairs or alterations to, the Unit or any other party of the Facility which affects your Unit, Workspace will notify you at least 7 days in advance to arrange access to the Unit. You authorise Workspace and its agents and contractors to enter the Unit for the purpose of inspecting or carrying out repairs or alterations to the Unit or any other party of the Facility which affects your Unit.
34. You authorise Workspace 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 (where We already requested that You provide Us with access and You failed to do so in accordance with clause 33 ) 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 Workspace believes the Unit is being used to store prohibited goods or for a prohibited purpose; (d) if Workspace 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; (e) if You are not complying with all relevant laws in relation to the use of the Unit; or (f) to relocate the Goods or exercise
Workspace’s lien or power of sale or disposal in accordance with this Agreement.
CONDITIONS OF STORAGE:
35. You will be solely responsible for securing the Unit and ensuring it is locked so as to be secure from unauthorised entry at all times when You are not in the Unit. Workspace will not be responsible for securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in Workspace’s overlocking position and Workspace may have any such padlock or device
forcefully cut off at Your expense. Where applicable, You will secure the external gates and/or doors of the Facility when entering and leaving.
36. You must not store (or allow any other person to store) any of the following in the Unit:
(a) food or perishable goods;
(b) bullion and money or every description for example, but without prejudice to the generality of this clause, cash, bank notes, coins, currency notes or currency of any kind or any other deeds or securities;
(c) Stamps, vouchers, tokens and/or tickets of any kind, credit and/or debit and/or cash dispenser cards of any kind, negotiable securities and any other documents negotiable as or equivalent to cash, and non-negotiables for example, but without prejudice to the generality of this clause; crossed cheques;
(d) any livestock, bloodstock or living creatures;
(e)combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases;
(f) firearms, explosives, weapons or ammunition;
(g) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances;
(h) any item that emits fumes, or odours;
(i) any illegal item, including counterfeit items (such as duplicate fashionwear) 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);
(j) goods which are environmentally harmful or that are a risk to the property of any person; (i) furs, fine art, antiques, perfumes, mobile phones, tobacco products, beers, wines and spirits and the like which exceed a total value of £10,000 when their value is combined;
(k) electronic items which exceed a total value of £10,000 when their value is combined, such as commercial appliances and instruments, radios, televisions, computers, computer software, hard drives, microchips, printed circuit boards, modems, monitors, cameras, facsimile machine, photo copies, video recording units, hi-fi systems, CD players, but excluding heavy electronics such as switchgear, turbines and generators which are not considered as electronic items for the purpose of this restriction;
(l) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis;
(m) data records and any data carrying media (excluding blank data carrying media);
(n) watches, jewellery (excluding costume jewellery), precious stones or gems or metals or items made from or containing such interests, and coins;
(o) lithium batteries;
(p) vehicles or vehicle parts, including tyres. You will be liable under clause 48 and 50 for any breach of this clause 36 .
37. 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 Workspace 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 Workspace 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 Workspace; (f) cause damage to the Unit or any part of the Facility (which includes by removal, haulage or delivery contractors); (g) create any obstruction or leave items or refuse in any common space within the Facility; or (h) share or sub-let the Unit.
38. You must maintain the Unit by ensuring it is clean and in good repair. In the event of uncleanliness or damage to the Unit or Facility, Workspace will be entitled to charge a reasonable fee for cleaning, and claim full reimbursement from You of the reasonable costs of repairs, replacement, restoration, and/or disposal of refuse in order to restore the Unit to substantially the same condition it was in at the Start Date.
39. You must (and ensure that Your Agents) use reasonable care on site and have respect for the Facility and other unit users, inform Workspace of any damage or defect immediately it is discovered and comply with the reasonable directions of Workspace’s employees, agents and contractors and any other regulations or policies for the use, safety and security of the Facility as
Workspace shall issue periodically.
40. This Agreement does not confer on You any right to exclusive possession of the Unit and Workspace reserves the right to relocate You to another Unit not smaller than the current Unit: (a) by giving 14 days’ notice during which You can elect to terminate this Agreement in accordance with clause 56 ; 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, Workspace will pay Your reasonable costs of removal if approved in writing by Workspace before removal. If You do not arrange removal by the date specified in Workspace’s notice, then You authorise Workspace and its agents to enter the Unit and move the Goods as Your agent on Your behalf and at Your risk (except for loss or damage caused by our breach of this Agreement, our negligence or our wilful misconduct subject to the limitations in clauses 44 to 52 ). Following removal to an alternative unit this Agreement will be varied by substitution of the new unit number but otherwise continue on the same terms.
41. 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 Licence Period. Workspace makes no warranty or representation that any unit is suitable for any particular goods and, to the extent permitted under applicable law, accepts no liability in this regard.
42. Workspace may refuse storage of any Goods or require You to remove Goods if in Workspace’s opinion storage of such Goods creates a risk to the safety of any person or property.
43. You must give notice to Workspace in writing of the change of any contact details for You or the ACP within 48 hours of any change. You agree Workspace is entitled to discuss any default by You with the ACP.
RISK AND RESPONSIBILITY:
44. If You are a consumer, We are only liable to you for losses You suffer (including for any loss or damage to Goods) which are caused by Our breach of contract or Our negligence. We are not responsible to You for losses You suffer (even if caused by Us breaching the contract) if the loss is: (a)
Unexpected. It was not obvious that it would happen and nothing You said to us before this Agreement came into existence meant We should have expected it (so, in the law, the loss was unforeseeable); (b) Caused by an event outside our control. As long as We have taken the steps set out in clause 52 ; (c) Avoidable. Something You could have avoided by taking reasonable action.
45. If You are a business, Workspace excludes all liability in respect of (a) loss or damage to Your business, if any, including for any business interruption, 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; and (b) loss of or damage to Goods or any claim for return of the Storage Fees, except where this results from Workspace’s negligence or breach of contract, in which case Workspace’s liability will be limited to the an amount equal to the Storage Fees paid by You
in the six months preceding the event giving rise to the loss or damage.
46. Workspace does not exclude or limit its liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be limited or excluded by law.
47. Workspace does not insure the Goods. Unless you have purchased the Protection Plan, it is a condition of this Agreement that the Goods remain adequately insured at all times for their Replacement Value while they are in storage. You warrant that such cover is in place, will not lapse and that the aggregate value of Goods in the Unit from time to time will not exceed the insured value. You must provide Workspace, on request, with confirmation of Your insurance policy for the Goods along with all reasonable information about the policy requested by Workspace. Workspace does not give any advice concerning insurance cover given by any policy and You must make Your own judgment as to adequacy of cover. Inspection of any insurance documents provided by You to demonstrate cover does not mean Workspace has approved the cover or confirmed it is sufficient.
48. It will be Your responsibility to compensate Workspace for the full amount of all claims, liabilities, demands, damages, costs and expenses (including any reasonably incurred legal and professional fees) incurred by Workspace 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 by Workspace of the terms of this Agreement.
49. You must comply with the liability claim notification terms at Annex 1 if you want to make a claim for loss or damage under this Agreement.
50. You agree to comply with this Agreement and all laws and regulations relevant to the use of the Unit. This includes laws relating to Goods which are stored in the Unit and the manner in which they are stored. You will be responsible for all Liabilities resulting from a breach of this clause 50.
51. If Workspace has reason to believe that You are not complying with all relevant laws, Workspace may take any action it considers necessary, including, but not limited to, action outlined in clauses 34 and 38 , contacting, cooperating with and/or submitting Goods to relevant authorities, and/or disposing of, or removing, Goods at Your expense in accordance with clauses 24 to 28 . Workspace may immediately dispose of or remove any Goods without prior notice where such disposal and/or removal is required to prevent injury or damage to persons or property. You agree that Workspace may take such action at any time even though Workspace could have acted earlier.
52. Workspace 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 Workspace’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, 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 an event, circumstance or cause beyond Workspace’s reasonable control occurs, Workspace will not be liable to
You for failing to allow access to the Goods, Unit and/or the Facility for so long as the circumstances continue. Workspace will use reasonable endeavours to minimise any effects arising from the circumstances set out in this clause 52.
PERSONAL INFORMATION:
53. Workspace collects personal data about You and any ACP when submitting the Contract Details Form and whilst this Agreement continues. Workspace processes your personal data in accordance with all applicable data protection laws. Details on how Workspace uses your personal data and Your rights in relation to your personal data are set out in Workspace’s Privacy Policy which
can be viewed on its website at: https://www.workspace.co.uk/privacy-policy. You confirm any ACP has consented to You supplying their personal data to Workspace on these terms.
COMMUNICATIONS AND NOTICE:
54. Workspace can send You notifications regarding day to day matters and minor changes to this Agreement by email. These notifications will be effective one hour after sending or immediately if they relate to an urgent problem or emergency.
55. Notices to be given by Workspace to 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 Workspace’s right to sell or dispose of Goods) must be in writing and shall be delivered by email. Notices shall be considered to have been received one day
after sending by email . Notices from Workspace to You will be sent to the email address used to sign up for your Account (or any other email address notified to Us by You from time to time). In the event of not being able to contact You at the last notified email address, notice will be considered as having been given to You if Workspace serves that notice on the ACP at the last notified email address of the ACP. Any notice from You must be sent to Workspace by email to Self.Storage@workspace.co.uk.
CANCELLING OR ENDING THE AGREEMENT:
56. Unless otherwise agreed in writing by both parties, You may end this Agreement at any time by giving Workspace 14 days’ written notice by using the “cancel subscription” option clearly marked in your Account. If you have any problems cancelling your subscription in your Account, You can email Workspace on Self.Storage@workspace.co.uk to cancel instead. If You are a consumer, when you terminate this Agreement under this clause 56, We will provide You a notice of acknowledgement confirming the Termination Date (End of Contract Notice). The End of Contract Notice will be provided to You in your Account and via email within 24 hours if You terminate online, or
within 3 working days if You terminate in any other manner.
57. We may terminate this Agreement at any time by giving You 14 days’ written notice by email.
58. Either party may terminate this Agreement immediately on written notice by email to the other party in the event of a breach of this Agreement by the other party, (which, if it can be put right, You or We (as the case may be) have failed to put right within 14 days of notice to do so).
59. If Workspace enters the Unit in accordance with this Agreement and there are no Goods stored in it, Workspace may terminate this Agreement immediately on written notice to you.
60. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of Workspace or You that came into effect during the term of this Agreement. This includes
the right to claim damage for breach of this Agreement, liability for outstanding monies, property damage, personal injury, environmental damage and legal responsibility under this Agreement.
61. You must leave the Unit in a clean and tidy condition and in a good state of repair to the reasonable satisfaction of Workspace otherwise clauses 14 and 38 shall apply.
62. You must pay any outstanding Storage Fees and any other fees or expenses owed to Workspace up to the Termination Date, or clauses 20 to 28 may apply. Any calculation of the outstanding fees will be made by Workspace acting reasonably.
63. You agree to examine the Goods carefully on removal from the Unit and must notify Workspace of any loss or damage to the Goods as soon as is reasonably possible.
64. Where this Agreement has terminated and You have paid more in Storage Fees and charges than due at the Termination Date, We will refund You (via the same method used to make payment of the Storage Fees) on a pro rata basis after deduction of any payments due to Us within 14 days of the Termination Date.
OTHER IMPORTANT TERMS:
65. Workspace may vary the Storage Fee, Access Hours, 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 Due Date for payment of Storage Fees occurring not less than 28 days after the date of Workspace’s notice. You may end this Agreement without charge before the change takes effect by giving notice in accordance with clause 54. Otherwise, Your continued use of the Unit will be considered as Your acceptance of and agreement to the amended terms. Notwithstanding this clause 65, Workspace may make minor changes to this Agreement in accordance with clause 54.
66. If You are a business customer, these terms constitute the entire agreement between us in relation to Your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by Us or on our behalf which is not set out in these
terms and that You have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
67. You acknowledge and agree that:
(a) 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;
(b) the terms of this Agreement apply to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing;
(c) You have raised all queries relevant to Your decision to enter this Agreement with Workspace and Workspace has, prior to You entering into this Agreement, answered all such queries to Your satisfaction;
(d) any special terms agreed between You and Workspace have been recorded in writing and incorporated into the terms of this Agreement;
(e) if Workspace decides not to exercise or enforce any right that it has against You at a particular time, then this does not prevent Workspace from deciding to exercise or enforce that right at a later date unless Workspace tells You in writing that Workspace has waived or given up its ability to do so;
(f) it is not intended that anyone other than You and Workspace will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it;
(g) 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;
(h) You may not assign or transfer any of Your rights under this Agreement or, if we have a lien, part with possession of the Unit or Goods whilst they are in the Facility; and
(i) Workspace may transfer its rights under this Agreement to another organisation and will let You know if it plans to do this.
68. This Agreement shall be governed by and construed in accordance with English law. If You are a consumer then, wherever You live, You can bring claims against us in the English courts and if You live in Wales, Scotland or Northern Ireland, You can also bring claims against us in the courts of
the country You live in. If You are a consumer, We can claim against You in the courts of the country You live in. If You are a business, You irrevocably agree to submit all disputes arising out of or in connection with this Agreement with You to the exclusive jurisdiction of the English courts.
69. If You are a business, You agree to first try to settle any dispute in connection with this Agreement by mediation with Us. 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 litigation (other than for emergency interlocutory relief) that it has first conducted mediation in accordance with this clause 69.
70. You are responsible for maintaining the confidentiality of your login and Account credentials and all activity carried out using your Account.
NO SMOKING POLICY
71. When at the Facility You shall follow our smoking policy, meaning:
(1) You will protect non- smokers from second-hand smoking by smoking only in the dedicated smoking areas.
(2) You will avoid setting off alarms and smoke detectors (unless there is good reason to do so).
(3) You will preserve the
Workspace image of a clean facility and avoid fires by responsibly disposing of cigarettes in the cigarette bins provided.
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Annex 1 - Liability Claim Notification
Where Your Property is Lost or Damaged - Notification Clause
1. If You are a business and You are required to have Your own insurance in place to cover loss or damage to Your Property in accordance with the Agreement, You must recover Your losses from Your insurers in the first instance. Regardless of whether You are a business or a consumer, You may not recover for the same losses and damages twice (i.e. You cannot recover the same losses and damages from Workspace and Your insurer).
2. Notwithstanding Clause 1, if You discover loss or damage to Your Property:
i. When the Facility is attended by Workspace's employees (Manned), You must notify Workspace in person as soon as reasonably practical upon discovery and before removal of any affected Goods from Your Unit;
ii. When the Facility is not attended by Workspace's employees (Unmanned), at the time you discover loss or damage, to evidence that this occurred during the Licence Period in Your Unit, You must comply with the following Clauses (Unmanned Notification Clauses):
a. You must contact Workspace via email to as soon as reasonably practical upon discovery of any loss or damage, including, but not limited to: (a) a written description of which Goods are affected and the nature of the loss or damage; and (b) photographs of any affected Goods before removal from your Unit, or, if this is not practical, photographs clearly showing affected Goods in the vicinity of your Unit within the Facility (Email Notification).
b. Your Email Notification must be provided before any affected Goods are removed from the Facility. Workspace shall not be liable for any loss or damage which is notified after your Property is removed from the Facility unless Email Notification is provided.
c. If it is not possible for You to fully comply with the Email Notification requirements set out, You must notify Workspace in person, via telephone or in writing as soon as reasonably practical after You discover loss or damage.
3. In any event: You must provide as many details as is practical of any loss or damage to Workspace in writing or via email to within seven (7) days of discovery. In exceptional circumstances, Workspace may agree to extend this time limit where You request this in writing, provided such request is received within seven (7) days of discovery of any loss or damage. The sooner that You notify Workspace of any loss or damage to Your Goods, the sooner Workspace can establish the cause and properly investigate. Workspace will not be liable for any loss or damage to Your Goods unless You notify Workspace in compliance with the requirements set out under clauses 2 and 3 of this
Annex 1. If You are a consumer, the time limits for notifying Workspace of loss or damage under this clause 2 of Annex 1 are extended to 30 days.
4. Once You have notified Workspace of loss or damage, if You do not receive a response from Workspace within a reasonable time, You may contact Workspace's claims agent directly at:
Agent: Gallagher
Address: Gallagher, 4 th Floor, Brooke Lawrance House, 80 Civic Drive,
Claims Helpdesk: 03330 100 799
Website: https://www.ajg.com/uk/services/claims/
Gallagher account manager: Lee Hunter
Direct Number: 01473 560206
Email: Lee_Hunter1@AJG.com
5. Additional Clauses: (a) You must make every reasonable effort to prevent further damage to Your Goods. If any Goods are wet or damp, You must move them away from any undamaged Goods and away from the water source. You must inform Workspace if You believe You may require additional storage space to comply with this requirement. (b) For Your own safety, do not touch any Goods damaged by vermin of any kind or affected by mould; (c) You must retain and not dispose of any damaged Goods until Workspace has had a reasonable opportunity to inspect (if necessary) any damage; and (d) Workspace may make such enquiries as necessary to investigate
the loss or damage to the Goods and You agree to co-operate with Workspace in its enquiries, and to provide any additional relevant information without delay where Workspace requests this.
6. If You provide Workspace with misleading or incorrect information relating to a claim for loss or damage to Your Goods, or make a claim that is fraudulent, false or exaggerated, Workspace may: reject the claim; where applicable, cancel or void the Protection Plan Addendum; and retain (without refund) such amount of the Protection Plan charges as is necessary to cover the reasonable costs and losses Workspace has incurred or suffered in relation to the relevant claim. Insofar as the retention of the full amount of the Protection Plan charges is not sufficient to cover Workspace’s reasonable costs and losses in relation to the relevant claim, Workspace shall be entitled to recover from You any additional reasonable costs and losses incurred or suffered by Workspace in relation to the relevant claim.
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1. If You are a business and You are required to have Your own insurance in place to cover loss or damage to Your Property in accordance with the Agreement, You must recover Your losses from Your insurers in the first instance. Regardless of whether You are a business or a consumer, You may not recover for the same losses and damages twice (i.e. You cannot recover the same losses and damages from Workspace and Your insurer).
2. Notwithstanding Clause 1, if You discover loss or damage to Your Property:
i. When the Facility is attended by Workspace's employees (Manned), You must notify Workspace in person as soon as reasonably practical upon discovery and before removal of any affected Goods from Your Unit;
ii. When the Facility is not attended by Workspace's employees (Unmanned), at the time you discover loss or damage, to evidence that this occurred during the Licence Period in Your Unit, You must comply with the following Clauses (Unmanned Notification Clauses):
a. You must contact Workspace via email to as soon as reasonably practical upon discovery of any loss or damage, including, but not limited to: (a) a written description of which Goods are affected and the nature of the loss or damage; and (b) photographs of any affected Goods before removal from your Unit, or, if this is not practical, photographs clearly showing affected Goods in the vicinity of your Unit within the Facility (Email Notification).
b. Your Email Notification must be provided before any affected Goods are removed from the Facility. Workspace shall not be liable for any loss or damage which is notified after your Property is removed from the Facility unless Email Notification is provided.
c. If it is not possible for You to fully comply with the Email Notification requirements set out, You must notify Workspace in person, via telephone or in writing as soon as reasonably practical after You discover loss or damage.
3. In any event: You must provide as many details as is practical of any loss or damage to Workspace in writing or via email to within seven (7) days of discovery. In exceptional circumstances, Workspace may agree to extend this time limit where You request this in writing, provided such request is received within seven (7) days of discovery of any loss or damage. The sooner that You notify Workspace of any loss or damage to Your Goods, the sooner Workspace can establish the cause and properly investigate. Workspace will not be liable for any loss or damage to Your Goods unless You notify Workspace in compliance with the requirements set out under clauses 2 and 3 of this
Annex 1. If You are a consumer, the time limits for notifying Workspace of loss or damage under this clause 2 of Annex 1 are extended to 30 days.
4. Once You have notified Workspace of loss or damage, if You do not receive a response from Workspace within a reasonable time, You may contact Workspace's claims agent directly at:
Agent: Gallagher
Address: Gallagher, 4 th Floor, Brooke Lawrance House, 80 Civic Drive,
Claims Helpdesk: 03330 100 799
Website: https://www.ajg.com/uk/services/claims/
Gallagher account manager: Lee Hunter
Direct Number: 01473 560206
Email: Lee_Hunter1@AJG.com
5. Additional Clauses: (a) You must make every reasonable effort to prevent further damage to Your Goods. If any Goods are wet or damp, You must move them away from any undamaged Goods and away from the water source. You must inform Workspace if You believe You may require additional storage space to comply with this requirement. (b) For Your own safety, do not touch any Goods damaged by vermin of any kind or affected by mould; (c) You must retain and not dispose of any damaged Goods until Workspace has had a reasonable opportunity to inspect (if necessary) any damage; and (d) Workspace may make such enquiries as necessary to investigate
the loss or damage to the Goods and You agree to co-operate with Workspace in its enquiries, and to provide any additional relevant information without delay where Workspace requests this.
6. If You provide Workspace with misleading or incorrect information relating to a claim for loss or damage to Your Goods, or make a claim that is fraudulent, false or exaggerated, Workspace may: reject the claim; where applicable, cancel or void the Protection Plan Addendum; and retain (without refund) such amount of the Protection Plan charges as is necessary to cover the reasonable costs and losses Workspace has incurred or suffered in relation to the relevant claim. Insofar as the retention of the full amount of the Protection Plan charges is not sufficient to cover Workspace’s reasonable costs and losses in relation to the relevant claim, Workspace shall be entitled to recover from You any additional reasonable costs and losses incurred or suffered by Workspace in relation to the relevant claim.
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Promotional Terms & Conditions:
Open to the General Public:
50% Off First 2 Months Rent at Self-Storage Kennington Park
1. These terms and conditions apply to the offer to new customers of Workspace to receive a 50% discount on the first 2 months of rent on Self-Storage by Workspace units (the “Promotion”) on the first booking. By taking part in the Promotion, you agree to be bound by these terms and conditions. It is a condition of participation in the Promotion that all these terms and conditions are accepted as final.
2. The Promotion is organised by Workspace Management Ltd, Centro One, 39
Plender Street, London, NW1 0DT (“Workspace”) on behalf of itself and other
companies within the Workspace Group.
3. The Promotion runs from the opening date onwards, and Workspace reserve the right to change the terms or cancel the promotion at any time.
4. Each Eligible Customer will be a new customer to Self-Storage and will not
previously have booked a unit with us before. Each Eligible Customer shall
receive a 50% discount off the first 2 months of rent for their first booking.
5. The promotion will apply to available units only at Self-Storage. The promotion will not apply in retrospect of a previous booking.
6. To be an Eligible Customer:
a. you must not be an existing tenant or licensee of Workspace or
already in negotiations to become a tenant or licensee of
Workspace;
b. you must not be an existing customer of Self-Storage by Workspace
7. Each Eligible Customer can only take part in the Promotion once. For the
avoidance of doubt, in the event that an Eligible Customer books more than one Occupation Agreement for Self-Storage Units during the period of the Promotion, the 50% discount for the first 2 months rent shall only be received in respect of the first booking on the account which is the subject of the first-signed Occupation Agreement.
8. The 50% discount applies to the total basket amount at check-out. The 50% discount for the first 2 months rent cannot be deferred or transferred to a future booking.
9. There is no cash alternative to the items included in the Promotion and they are not exchangeable for cash or any other Workspace product or service.
10. This Promotion cannot be used in conjunction with any other offer or promotion offered by Workspace unless the Eligible Customer is an existing tenant of a Workspace building.
11. The decision of Workspace regarding any aspect of the Promotion is final and binding and no correspondence will be entered into about it.
12. Workspace reserves the right to hold void, cancel, suspend, or amend the
Promotion in the event there is any actual or anticipated breach of any applicable law or any other event outside Workspace's reasonable control.
13. Insofar as is permitted by law, Workspace accepts no responsibility for any
damage, loss, injury or disappointment suffered by any person as a result of their participation or attempted participation in this Promotion. Your statutory rights are not affected.
14. Personal data supplied during the course of this Promotion will be processed as set out in Workspace Group's Privacy Policy.
15. This Promotion is governed by the English law and Eligible Customers submit to the jurisdiction of the English courts.
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Open to the Existing Workspace Customers Only:
Workspace customers receive 10% off Self-Storage from their 9th week of rental onwards.
1. These terms and conditions apply only to existing Workspace customers and after the first 8 weeks of rental. Workspace customers receive an ongoing 10% discount on Self-Storage. (The “Promotion”) on all their bookings. By taking part in the Promotion, you agree to be bound by these terms and conditions. It is a condition of participation in the Promotion that all these terms and conditions are accepted as final.
2. The Promotion is organised by Workspace Management Ltd, Centro One, 39
Plender Street, London, NW1 0DT (“Workspace”) on behalf of itself and other
companies within the Workspace Group.
3. The Promotion runs from the opening date onwards, and Workspace reserve the right to change the terms or cancel the promotion at any time.\
4. Each Eligible Customer will be an existing customer to Self-Storage who is
currently renting space from Workspace. Each Eligible Customer shall receive,
after the first 8 weeks of rental, an ongoing 10% discount on Self-Storage.
5. The promotion will apply to available units only at Self-Storage. The promotion will not apply in retrospect of a previous booking.
6. To be an Eligible Customer:
a. you must be an existing tenant or licensee of Workspace or already
in negotiations to become a tenant or licensee of Workspace;
b. you do not have a previously set-up business account for Self-
Storage.
7. Each Eligible Customer can only have one corporate account for their business. For the avoidance of doubt, in the event that an Eligible Customer books more than Self-Storage Unit the 10% discount on rent from the 9 th week onwards shall applied to all bookings on the account.
8. The 10% discount applies to the total basket amount at check-out. The Promotion cannot be deferred or transferred to a future booking.
9. The Promotion for Self-Storage will end if the customer ends their existing
tenancy or license with Workspace. Should the customer wish to continue their
booking with Self-Storage, the rental rates will return to the standard pricing
thereafter.
10. There is no cash alternative to the items included in the Promotion and they are not exchangeable for cash or any other Workspace product or service.
11. This Promotion cannot be used in conjunction with any other offer or promotion offered by Workspace unless the Eligible Customer is an existing tenant of a Workspace building.
12. The decision of Workspace regarding any aspect of the Promotion is final and binding and no correspondence will be entered into about it.
13. Workspace reserves the right to hold void, cancel, suspend, or amend the
Promotion in the event there is any actual or anticipated breach of any applicable law or any other event outside Workspace's reasonable control.
14. Insofar as is permitted by law, Workspace accepts no responsibility for any
damage, loss, injury or disappointment suffered by any person as a result of their participation or attempted participation in this Promotion. Your statutory rights are not affected.
15. Personal data supplied during the course of this Promotion will be processed as set out in Workspace's Privacy Policy.
16. This Promotion is governed by the English law and Eligible Customers submit to the jurisdiction of the English courts.
1. These terms and conditions apply only to existing Workspace customers and after the first 8 weeks of rental. Workspace customers receive an ongoing 10% discount on Self-Storage. (The “Promotion”) on all their bookings. By taking part in the Promotion, you agree to be bound by these terms and conditions. It is a condition of participation in the Promotion that all these terms and conditions are accepted as final.
2. The Promotion is organised by Workspace Management Ltd, Centro One, 39
Plender Street, London, NW1 0DT (“Workspace”) on behalf of itself and other
companies within the Workspace Group.
3. The Promotion runs from the opening date onwards, and Workspace reserve the right to change the terms or cancel the promotion at any time.\
4. Each Eligible Customer will be an existing customer to Self-Storage who is
currently renting space from Workspace. Each Eligible Customer shall receive,
after the first 8 weeks of rental, an ongoing 10% discount on Self-Storage.
5. The promotion will apply to available units only at Self-Storage. The promotion will not apply in retrospect of a previous booking.
6. To be an Eligible Customer:
a. you must be an existing tenant or licensee of Workspace or already
in negotiations to become a tenant or licensee of Workspace;
b. you do not have a previously set-up business account for Self-
Storage.
7. Each Eligible Customer can only have one corporate account for their business. For the avoidance of doubt, in the event that an Eligible Customer books more than Self-Storage Unit the 10% discount on rent from the 9 th week onwards shall applied to all bookings on the account.
8. The 10% discount applies to the total basket amount at check-out. The Promotion cannot be deferred or transferred to a future booking.
9. The Promotion for Self-Storage will end if the customer ends their existing
tenancy or license with Workspace. Should the customer wish to continue their
booking with Self-Storage, the rental rates will return to the standard pricing
thereafter.
10. There is no cash alternative to the items included in the Promotion and they are not exchangeable for cash or any other Workspace product or service.
11. This Promotion cannot be used in conjunction with any other offer or promotion offered by Workspace unless the Eligible Customer is an existing tenant of a Workspace building.
12. The decision of Workspace regarding any aspect of the Promotion is final and binding and no correspondence will be entered into about it.
13. Workspace reserves the right to hold void, cancel, suspend, or amend the
Promotion in the event there is any actual or anticipated breach of any applicable law or any other event outside Workspace's reasonable control.
14. Insofar as is permitted by law, Workspace accepts no responsibility for any
damage, loss, injury or disappointment suffered by any person as a result of their participation or attempted participation in this Promotion. Your statutory rights are not affected.
15. Personal data supplied during the course of this Promotion will be processed as set out in Workspace's Privacy Policy.
16. This Promotion is governed by the English law and Eligible Customers submit to the jurisdiction of the English courts.