SSAA Standard Self Storage Licence Agreement

Introduction: This Agreement outlines the terms and conditions of self storage at this facility, where We licence spaces to customers for the purpose of storing goods. As a business we must abide by various laws and regulations and by extension, this Agreement requires that You also comply with all applicable laws. This Agreement also helps maximise the safety of our customers and the security of the Facility.

1. Definitions and Interpretation

1.1 Definitions

• Account: Your account with Us in respect of this Agreement.
• Agreement: This standard self storage licence agreement, including the Schedule, these Full Terms and any applicable Specific Terms.
• Alternative Contact Person (ACP): The alternative contact person that You specify in the Schedule.
• Associate: Includes any ACP, your agent, or third party who enters the space at your request, by your omission, or due to negligence (e.g. unsecured access).
• CCTV: Any type of visual surveillance device used for security purposes, including recording technology.
• CG Act: The Consumer Guarantees Act.
• Default: A material breach of this Agreement by You.
• Default Action: Any of the actions described in clause 13.
• Default Action Costs: Reasonable costs of enforcing this Agreement due to Your Default, such as inspection, inventory, sale/disposal of goods, cleaning, debt collection, notices, etc.
• Direct Debit: Automatic recurring payment of Storage Fees.
• Facial Identification: One-to-many matching of a face to biometric templates.
• Facial Recognition Technology (FRT): Collection of a digital face image to create and compare biometric templates.
• Facial Verification: One-to-one face matching.
• Facility: The self storage facility location specified in the Schedule.
• Facility Rules: Rules of conduct, operations, OH&S procedures published on our website or displayed at the facility.
• Fees: Collectively, the fees described in clause 3.
• Fixed Period: Either the fixed period specified in the Schedule, or a minimum of 30 days where not specified.
• Full Terms: These Standard Self Storage Licence Agreement: Full Terms.
• Goods: Goods being stored by You and subject to this Agreement.
• GST: Goods and Services Tax under the GST Act 1985.
• Indemnified Party: Us and our directors, employees, contractors, subcontractors and agents.
• Late Payment Fee: Fee set out in the Schedule for late payment.
• Other Fees: Includes services, admin, cleaning, pest control, callouts, Default Action Costs, or any costs chargeable to You.
• Permitted Use: Storage of goods and/or other approved uses, compliant with all laws and with prior written approval.
• Personal Information: Information about an identifiable individual, including biometric information.
• PPSA: Personal Property Securities Act 1999.
• Privacy Policy: Our published Privacy Policy.
• Prohibited Goods: Hazardous, illegal, flammable, perishable, living, stolen, or otherwise unsafe goods (including lithium-ion batteries).
• Schedule: The schedule containing Your and Our details.
• Scheduled Payment Date: The recurrent agreed date for payment of Storage Fees.
• Security Deposit: Deposit amount specified in the Schedule.
• Service: Any service we provide (managed storage, room, vehicle storage, container hire, etc.).
• Space: The storage space licenced to You.
• Specific Terms: Terms for each service published on our website or displayed at the facility.
• Storage Fee: The periodic storage fee specified.
• Storage Period: Fixed period, holding over period, or further agreed period.
• StorerCheck: The industry database (https://storercheck.com.au/).
• Termination Notice Period: Specified in the Schedule or 30 days by default.
• Unforeseen Event: Fire, flood, earthquake, storm, or other event outside reasonable control.
• We/Us: The Facility Owner.
• You: The person(s) specified as the storer.

1.2 Interpretation

a. The singular includes the plural and vice versa.
b. General words are not limited by specific examples.
c. References to documents/policies/legislation include amendments or replacements.
d. Time limits must be strictly complied with.
e. Time/date references are local to the Facility location.
f. This Agreement is not to be construed against a party based on drafting responsibility.
g. Each party will act reasonably when exercising powers under this Agreement.

2. Grant of Licence

a. We grant You a licence to access and use the Space during the Facility’s access hours, notified by Us from time to time, in accordance with the Permitted Use during the Storage Period, upon and subject to this Agreement.

b. Your rights under this Agreement are in contract only and do not confer any leasehold or other interest in the Space.

c. If, with Our consent, You remain in possession of the Space after the Fixed Period expires, this Agreement will be deemed to continue as a monthly agreement, on the same terms and conditions but modified as applicable to a monthly agreement.

3. Fees

a. You must pay to Us, using a payment method accepted by Us:

1. Security Deposit:

   • On signing the Agreement a one-off Security Deposit (if any).
   • The parties agree that, subject to the terms of this Agreement, We may apply the Security Deposit to any Fees due and payable to Us by You (Incurred Fees) and where:
     • A. If the Security Deposit is greater than the Incurred Fees, We must refund to You within 30 days of finalising Your Account any balance remaining after the deduction; or
     • B. If the Security Deposit is less than the Incurred Fees, We will be entitled to apply the entire Security Deposit and You will be liable to Us for any shortfall.

2. Storage Fee:

   • The Storage Fee monthly in advance (unless otherwise agreed by the parties) and by no later than the Scheduled Payment Date.

3. Late Payment Fee:

   • The Late Payment Fee, if any payment of the Storage Fee or any other Fee due is not made by the due date.

4. Other Fees:

   • The Other Fees in accordance with this Agreement.

b. Duties and Taxes:

• You must pay any government taxes, charges or duties (including any GST) payable in respect of this Agreement.
• A valid tax invoice will be provided to You on request and/or issued periodically by Us to You, as the case may be.

c. Direct Debit:

• You must identify Your Direct Debit payment clearly and as reasonably directed by Us, so it can be correctly credited to Your Account once cleared.
• If You fail to identify Your payments in accordance with Our directions and Your Account is in arrears as a result, You may incur a Late Payment Fee and/or We may undertake a Default Action in accordance with this Agreement.
• You indemnify Us against any claim for loss, damage or expenses in connection with Our enforcement of this Agreement, including in relation to the sale or disposal of Your Goods, due to Your failure to correctly identify a Direct Debit payment.

d. Fee Increases:

• We may increase the Storage Fee or any other Fee any time after the expiry of the Fixed Period but must provide at least 28 days’ notice to You of any fee increase.
• If You object to the fee increase, You may, before the expiration of that 28-day period, terminate this Agreement and move out by giving no less than 24 hours’ notice to Us (in accordance with clause 20(b)).

4. Your Obligations

You must:

a. Use the Space in accordance with the Permitted Use only.

b. Not conduct business, reside, sleep, loiter, party, cause nuisance or undertake any other activity in the Space or at the Facility contrary to the Permitted Use.

c. Comply with the Facility Rules (including Our reasonable directions) and all applicable laws (including local planning laws, health and safety laws) and directions of relevant government authorities (including those that We may be required to implement).

d. Ensure that any Goods stored in the Space are:

1. Dry, reasonably clean, free of vermin, mould and/or food scraps; and
2. Not Prohibited Goods.

e. Keep the Space in good and clean condition, appearance and repair.

f. Not alter the Space in any way without Our prior written consent.

g. Promptly notify Us of any damage to the Space and/or any part of the Facility, or of any event or circumstance that poses a material risk to the Space or Facility.

h. Secure from unauthorised entry the Space and any of the Facility’s gates/doors that You use.

5. Your Warranties

You warrant that You:

a. Own all the Goods stored in the Space and/or are entitled at law to deal with such Goods in accordance with this Agreement (including granting Us the right to dispose of the Goods in specified circumstances) and, in that capacity, You have knowledge of the Goods in the Space.

b. Will not store in the Space:

1. Any documents containing Personal Information (including sensitive information) about You or third parties.
2. Any irreplaceable Goods, such as currency, jewellery or precious metals (e.g. gold), furs, deeds, paintings, curios, works of art, photographs, items of personal sentimental value or that are worth more than NZ$1,000 (in total), unless they are itemised and covered specifically by insurance.
3. Any Prohibited Goods.

6. Our Warranty

We warrant to You that We have the right to grant You the licence under sub-clause 2(a) and will facilitate Your access to the Space during the Facility’s access hours (except as otherwise provided in this Agreement).

7. Your Acknowledgement

You acknowledge and agree that:

a. The Space is approximately the size advertised.

b. You are solely responsible for determining whether the Space is appropriate and suitable for storing Your Goods, having regard to the size, nature and condition of Your Goods and of the Space.

c. We:

1. Do not have, and will not be deemed to have, knowledge of the Goods in the Space.
2. Are not a bailee of the Goods stored in the Space and do not take possession of the Goods. You retain control of, and responsibility for, the Goods (subject to Us taking possession under clause 13 Consequences of Default).
3. Do not provide any Goods, or Goods maintenance services, to You, unless otherwise agreed with You and subject to the applicable Specific Terms.

d. You are solely responsible for evaluating the replacement value of Your Goods and purchasing and/or maintaining an appropriate level of insurance coverage in relation to Your Goods. In the event of loss or damage to Your Goods, or loss or damage caused by Your Goods, You should not assume that any insurance policies that We may have covers such loss or damage.

e. By requiring Us to perform any Services or by using any of Our Services, You accept the Specific Terms on which We provide those Services, including the Other Fees applicable to those Services.

f. If You fail to sign and return this Agreement to Us, You may accept this Agreement by conduct (such as by verbally agreeing to its terms, storing Goods in the Space and/or paying Storage Fees) and, if so, You are legally bound by it.

g. Common areas at the Facility may be under continuous CCTV and audio surveillance.

h. In limited circumstances such as for maintenance and repair, ID verification purposes and/or other issues, We have the right to temporarily restrict Your access to the Space without notice.

i. All Goods are subject to a contractual lien for all Storage Fees and any other amounts owing by You to Us. This lien is also a security interest under the PPSA.

8. Damage by You and/or Your Associates

In the event the Space, the Facility, any of Our property, and/or property of any other person at the Facility, is damaged due to any of Your and/or Your Associate’s acts or omissions, including storage of Prohibited Goods, We may, at Our election:

a. Direct You to remedy any such damage, including by paying compensation; and/or

b. Repair such damage and charge You for any repairs.

9. Access, Inspection and Surveillance

a. You consent to Us accessing (using all force as is reasonably necessary in the circumstances) and inspecting the Space by any means (including using a microprobe, CCTV or other camera or audio surveillance, with any footage obtained from such surveillance being potentially available as evidence in any proceedings):

1. On 14 days’ written notice to You (where You will have the right to be present at the inspection) for the purposes of, among other things, maintenance, repair and/or relocation.
2. Immediately and without notice (but with a subsequent written notice to You informing You of the event as soon as practicable, unless we are prohibited by law from doing so) in the event that entry is required to give effect to this Agreement or any applicable law, or We suspect there has been a breach of this Agreement or any law, including but not limited to circumstances where We, acting reasonably, believe that:
   • A. Your Goods or any of Your or Your Associates’ acts or omissions threaten, or may cause harm or damage, to any person, property or the environment (which may include the Space); or
   • B. It is a requirement of Our insurance policy or other similar binding requirement; or
   • C. We must report You and/or Your Associates to a relevant government authority, law enforcement agency and/or emergency services and/or allow access, inspection or seizure of Goods by relevant government authorities, in each case in compliance with applicable laws; or
   • D. An Unforeseen Event has taken place or, in Our reasonable belief, is about to take place.

b. We may operate CCTV and other security systems at the Facility, including systems that use Facial Recognition Technology. The presence of CCTV on Facility premises will be brought to the notice of You and the general public by appropriate signage. Through such systems, we may collect Your Personal Information, which may include Your biometric information. We will collect, use, store and disclose any such Personal Information (and biometric information) in accordance with all applicable laws (such as the Privacy Act 2020 and regulations and Codes made under that Act) and our Privacy Policy. If you have any questions about our privacy processes (including access, correction and/or complaints) please contact our Privacy Officer using the contact details in our Privacy Policy.

10. Goods Handling Equipment

We may make walking stackers, trolleys and other Goods handling equipment available to assist You. You can use such equipment only if You:

a. Are experienced with the particular equipment, know how to use it safely, and use it safely.
b. Comply with any applicable health and safety regulations, instructions and/or Our directions for use for that equipment.
c. Accept liability for any damage or injury arising from Your or Your Associate’s use of such equipment at the Facility.

11. Consumer Guarantees Act 1993

Unless You are using the Space for the purposes of business storage, then the CG Act applies to this Agreement and provides You with rights that are not excluded, restricted or modified by this Agreement. The provisions of this Agreement are subject to the specific protections and guarantees in the CG Act.

If You are using the Space for the purposes of business storage, then You agree that the CG Act does not apply to this Agreement and that it is fair and reasonable to be bound by this provision.

12. Liability and Risk

a. If the CG Act applies to this Agreement, Our services come with non-excludable guarantees under the CG Act, including that they will be provided with reasonable care and skill. Except to the extent of those non-excludable guarantees and any applicable law to the contrary, You:

1. Access and use the Space (including storing Goods in the Space) at Your own risk.

2. Bear the risk of theft of Your Goods from the Space and of any damage, deterioration and/or destruction to Your Goods caused by, among others:

   • A. Any Unforeseen Event (including flood, fire, leakage or overflow of water).
   • B. Mildew, mould, or temperature fluctuations.
   • C. Transportation (including delivery and removal) of the Goods.
   • D. Infestations (including pest or vermin).
   • E. Spillage of material from any other storage space caused by other users of the Facility.

3. Must indemnify and hold harmless the Indemnified Party in respect of any cost, loss or damage (as applicable) to the Space, Facility, Us, and/or any third party, where such cost, loss or damage is caused by Your or Your Associate’s wilful misconduct, negligent omission, fraud or criminal conduct and/or the storage of Prohibited Goods.

4. Release Us from all claims and liability arising from any cost, loss or damage occurring in the Space or the Facility or in connection with Your use of the Space, and, in any event, if it is determined that We are liable to You, Our liability is capped at:

   • A. If the cost, loss or damage relates to Goods or property, NZ$1000; or
   • B. Otherwise, the amount which is the greater of:
     i. The Storage Fees You paid Us under this Agreement within 6 months of the date of the event giving rise to the liability; and
     ii. NZ$5000.

5. Clause 12(a)(1) to (4) inclusive do not apply to the extent any risk, liability, cost or damage is caused by any of Our (and/or any Indemnified Party’s) negligence, wilful misconduct, fraud or criminal conduct. We indemnify You and hold You harmless in respect of any cost, loss or damage (as applicable) to You, where such cost, loss or damage is caused by Our (and/or any Indemnified Party’s) wilful misconduct, negligent omission, fraud or criminal conduct.

b. Each party:

1. Is not entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once for the same liability or breach of this Agreement.
2. Shall not be liable under this Agreement for any indirect, consequential, special or incidental loss or damages.

c. Each party’s liability for any cost, loss or damage (as applicable) under this Agreement will be reduced proportionally to the extent that any act or omission by the other party contributed to the relevant cost, loss or damage.

d. You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basis.