Terms and Conditions of the Agreement
(Please read the following terms and conditions carefully. Signing of this Agreement means you agree to be bound by the following terms and conditions.)
Lease
| (a) | has the right to use the storage space and store goods in the space allocated to the Storer by StorHub. |
| (b) | confirms that the stored goods in the storage space is in line with this Agreement and the laws and regulations. |
| (a) | provides the storer with storage space in accordance with this Agreement. |
| (b) | only provides storage space for the Storer and does not have possession of the stored goods. |
| (c) | Is entitled to serve 5-day prior notice to the Storer to require the Storer to move the stored goods to another designated storage space with the same size as the original storage space. |
Fee
| 3. | The Storer is required to pay the following fees upon signing of this Agreement: |
| (a) | Rental fee: the storage fee during the term is payable in advance. All prepaid rental fee will not be refunded. |
| (b) | Security deposit: the deposit shall not constitute any prepayment for rent or any other fee payable, the Storer shall not claim any offset of any amount payable by the Storer, such as rental fee, other fees or liquidated damages, by use of the deposit. In the event that the Storer fails to perform any of its obligations or responsibilities under this Agreement or as stipulated in laws and regulations, StorHub shall have the right, but not the obligation, to use all or part of the deposit to pay any amount due and payable by the Storer hereunder but unpaid or compensate StorHub for any loss or expense incurred due to the Storer’s breach. StorHub shall refund the surplus of the deposit to the Storer without interest after the return of storage space in accordance with Clause 19 upon termination of this Agreement. |
| (c) | Liquidated damages: If the Storer terminates the order before the storage commencement date, StorHub will not return the deposit and charge it as a liquidated damage. If the Storer terminates this Agreement before the storage end date, or in case that StorHub terminates this Agreement due to overdue payment or breach of any provision of this Agreement by the Storer, StorHub will not return the prepaid rental fee and the deposit (if any) and charge it as a liquidated damage. In the event that the deposit (if any) and the rental fee cannot cover all damages or losses incurred due to the breach, including but not limited to attorney fees, legal fees, and etc, the Storer shall make up for the deficit. |
| 4. | In line with this Agreement,the Storer will further pay: |
| (a) | Late charge: if the Storer fails to pay the rental fee in line with this Agreement, the Storer is required to pay a late charge minimum 10% of the monthly rental fee per month. |
| (b) | If, at the termination of this Agreement, the storage space is not left in a clean condition and in a good state of repair according to requirements of StorHub, the Storer will be required to pay a cleaning fee upon request from StorHub. |
| (c) | The unpaid Rental fee payable under this Agreement in case of outstanding payments. |
| (d) | Repair costs if the storage facilities and equipments are damaged as a result of improper use by the Storer. |
| (e) | Any costs incurred or borne by StorHub in collection of the aforesaid fees (including but limited to attorney fees, legal fees, and etc. |
Late Payment of Rental Fee
| 5. | If the Storer delays in payment of the rental fee，StorHub is entitled to restrict the entry of the Storer to the storage space, including but not limited to locking the storage space and changing the password until the Storer pays off all payable fees. |
| 6. | If the payment has been overdue for more than 30 days, StorHub shall have the right to terminate this Agreement with immediate effect, take back the storage space and reserve the right to hold the Storer liable for breach of this Agreement. |
Conditions for use of Storage Space
| 7. | The Storer agrees to abide by the Terms and Conditions of the Storer. The Storer will be liable to indemnify all losses / damages suffered by StorHub or any third party on full indemnity basis in case of breach of the aforesaid floor loading. Meanwhile, the Storer: |
| (a) | must not store liquid items such as water, oil, alcohol, grease, paint or any odorous goods, or any hazardous, dangerous, illegal, stolen, perishable, inflammable, environmentally harmful or explosive goods, pets, documents, financial books (including but not limited to the living creatures, perishable goods, birds, fishes and animals) or any goods prohibited by laws and regulations or any other item which StorHub deems not proper for its normal business. The Storer shall not and shall not allow any persons to keep any animals, reptiles or crops in the storage space. |
| (b) | The Storer shall not bring nor store anything that will cause nuisance, annoyance, disturbance, inconvenience, injury or damage to or give cause for reasonable compliant from the owner and other storers. |
| (c) | The Storer will be solely liable for all losses and liabilities resulting from breach of the prohibitions for storage of goods. |
| (d) | The Storer will be solely responsible for securing of the storage space and shall so secure the storage space at all times when the Storer is not in the storage space in a manner which is acceptable to StorHub. StorHub is not responsible for the safety of the goods in any storage space. |
| (e) | The Storer will use the storage space solely for the purpose of storage of stored goods and shall not use such space for any other purposes; in particular, such space shall not be used for residence, office, holding activity or other use not allowed by this Agreement. |
| (f) | The Storer should not dispose of any unwanted items and rubbish within the storage space or neighbouring space. The Storer must maintain the storage space by ensuring it is clean, and in a state of good repair and cleanness. Otherwise, a cleaning and/or a disposal fee may be deducted from the Storer’s security deposit and/or an additional cleaning fee may be required. |
| (g) | The Storer shall use the common areas only for access and not at any time obstruct common areas and shall not hinder or impede access to other storage space. StorHub is not responsible for the safety of the goods in any common areas and has the right to clear away items placed in the common areas. |
| (h) | The Storer must notify StorHub in writing of the change of address or contact details of the Storer and/or the alternate contact person registered on the new customer registration form within 7 days from the date of change. Otherwise, all liabilities resulting from failure to receive notice by StorHub will be borne by the Storer. |
| (i) | The Storer should register the alternate contact person on the new customer registration form so that StorHub can discuss the default of the Storer. |
| (j) | The Storer is liable for the actions of its employees, trustees and agents. The Storer will indemnify StorHub against all damages suffered by StorHub or third parties resulting from the actions of its employees, trustees, or agents. |
| 8. | Oral statements of StorHub or of its employees do not form part of this Agreement. Non-exercise or delayed exercise of rights under this Agreement does not mean waiver of such rights. |
Risk and Responsibility
| 9. | Goods are stored at the Storer’s sole risk. StorHub is not liable for any loss or damage of the stored goods unless otherwise provided in this Agreement. The Storer can choose to buy insurance from StorHub. |
| 10. | The Storer is encouraged to insure all stored goods with a reputable insurance company. The Storer will be solely responsible for all liabilities if the Storer has not yet to maintain any insurance for the stored goods. StorHub will not be liable to any damages of the stored goods, including damages caused by humidity, fungus, mould, mildew, corrosion, spillage of materials, pest or vermin or any deterioration. Although StorHub will not be liable for compensation, it will provide necessary assistance or cooperation in the investigation carried out by the Storer or its agent. StorHub has insured the property with insurance company, and will be liable to damages of the stored goods due to the deliberation or gross negligence of StorHub but not exceed the damages StorHub obtains from insurance company. |
| 11. | Unless the Storer provides prior written explanations to StorHub, only the Storer is allowed to move in and move out the stored goods. The Storer must ensure that the person having access to the storage space is an authorized person of the Storer by storage card, fingerprint, or username and password. The Storer must procure the security of its storage card, password and keys. StorHub is not liable if the Storer lost its storage card, password or keys. In case that the Storer authorizes StorHub (including its staff) to keep the keys or password or access the storage space, StorHub will not be liable to any damages, losses of the stored goods. |
| 12. | The Storer agrees to indemnify and keep indemnified StorHub from all claims for any loss of or damage to the property of, or personal injury to, third parties or StorHub resulting from or incidental to the use of the storage space by the Storer, including the storage of goods in the storage space. |
| 13. | The Storer acknowledges and agrees to comply with all relevant national laws and regulation, local laws and regulations and local rules of the People’s Republic of China as are or may be applicable to the use of the storage space and any regulations impose by StorHub from time to time. The liability for any and all breach of such laws rest absolutely with the Storer and includes any and all costs resulting from such a breach. |
| 14. | If StorHub has reason to believe that the stored goods will impair the normal business of StorHub, it shall notify the Storer in writing and the Storer should give reasonable explanation or to take necessary action. StorHub is entitled to take any necessary action to protect its benefit in case that the Storer has no response after 3 days of such written notice given by StorHub. In case that StorHub finds that the stored goods are in violation with laws and regulations, StorHub shall immediately report to the relevant authorities for their decision to take action. For avoidance of doubt, StorHub reserves the rights to take any action it deems as necessary without any prior notice to protect the legal benefit of StorHub or the public interest in case of emergency. However, StorHub should forthwith notify the Storer after such action. All the cost or expenses incurred hereof shall be solely borne by the Storer. |
| 15. | StorHub is under an obligation to cooperate with the governmental judicial authorities in the inspection, search and attachment of the stored goods. |
Notice
| 16. | All notices must be issued in writing. For the avoidance of doubt, the written notice can be sent via WeChat, e-mail, message, fax, or courier. |
| 17. | The mobile phone number shall be deemed as the contact information of the Storer by which StorHub can contact the Storer. |
| 18. | The Storer should leave the contact information of the alternate contact person so for StorHub to contact. In case of any change of the contact information of the Storer or the alternate contact person, the Storer should notify StorHub immediately, failing which, the Storer shall bear all liabilities of no serving notice by StorHub. |
Termination
| 19. | Upon the expiry of the Lease Period or the recission or termination of this Agreement in any way whatsoever, the Storer must remove all stored goods in the storage space and leave the storage space in a clean condition and in a good state of repair (same with the state of the commencement of storage), save as reasonable tear and wear. The Storer will be deemed to waive the ownership of the stored goods and StorHub is entitled to forfeit the deposit and to enter the storage space and to dispose of the stored goods by auction or sales and may apply the proceeds of the sales/auction towards the amount payable by the Storer. All costs incurred for the sales/auction will be borne by the Storer. In case of any deficiency, StorHub may engage lawyers or debt collection institutions to collect and recover all fees payable by the Storer under this Agreement with all the recovery cost being paid by the Storer. |
| 20. | In the event that the Storer keeps occupying the Storage Space after the expiry of the Lease Period or the rescission or termination of this Agreement, or the Stoerer occupies other Storage Spaces, StorHub may have such occupation terminated at any time, while the Storer shall continue to perform its obligations and responsibilities hereunder during the extended occupation period. At the same time, the Storer shall pay StorHub the extended occupation fee in a sum that is equivalent to two times rental fees. |
| 21. | StorHub may terminate this Agreement by serving a notice to the Storer without any liabilities accrued. StorHub may notice the alternate contact person if the Storer is not reachable. |
| 22. | In the event of illegal, fundamental breach or activities materially harmful to the business operation on the part of the Storer, StorHub may terminate the Agreement without notice. In the event that the Storer breaches other provision of this Agreement and fails to make corrections within 5 days after StorHub gives it a written notice, StorHub shall have the right to terminate this Agreement by giving the Storer a written notice, tank back the storage space, and confiscate the deposit or prepaid rental fees as liquidated damages, if such liquidated damages are insufficient to cover losses suffered by StorHub, the Storer shall make up for the deficit and this Agreement shall terminate on the date when StorHub issues the notice of termination. |
| 23. | The Storer hereby waives any claims, proceedings, demands and damages made against or suffered or incurred by the Storer for any disposal or auction off emotional and/or sentimental values items attached to the stored goods. |
| 24. | The liabilities of both Parties regarding outstanding amounts, damages to properties, personal injury, environmental liabilities and legal liabilities will survive the termination of this Agreement. |
Others
| 25. | In the event of an emergency, that is where property, the environment or human life or public interest is, in the opinion of StorHub threatened, StorHub may enter the storage space using all necessary force without the prior written consent of the Storer provided that a notice shall be issued to the Storer as soon as possible. |
| 26. | Without prior written consent of StorHub, the Storer shall not transfer its rights or obligations under this Agreement to any third party. |
| 27. | The Storer hereby waives the right of first refusal to the storage space when StorHub sells the storage space or the whole property during the Lease Period. |
| 28. | This Agreement is governed by the laws of the People’s Republic of China. |
| 29. | In case of any disputes arising out of or in connection with this Agreement, both Parties shall attempt to settle the disputes by mutual consultations. If the disputes remain unsettled after 10 days of the disputes, either Party may refer the disputes for litigation in the court where StorHub is located. |
| 30. | All the rules publicized by StorHub (whether posted on the walls or announced on the official website) shall constitute an integral part of this Agreement. StorHub is entitled to amend the rules from time to time and will not notify otherwise (saved as any amendments impair any material interest of the Storer, at the sole discretion of StorHub. Entry into this Agreement means the understanding and acceptance of the terms and conditions of this Agreement and the rules of StorHub. |
| 31. | This Agreement is executed in Chinese and English, the Chinese version prevails if there is any inconsistency between the two versions. |
