Terms and Conditions of In N Out Storage
This Terms and Conditions is between In N Out International Corporate Limited (“Licensor”) and the Licensee (with names and contact details listed in the Unit Storage License Agreement)
- Licensee can reserve the storage unit online free of charge and the reservation is effective for 24 hours. However, each Licensee can only make a reservation per week and additional reservation of storage units is charged with a fee.
- If the Licensee has not completed the application process and settled the storage deposit and licensee fee required for renting the storage unit after the unit reservation, the Licensor has no guarantee that the reserved unit can be used by the Licensee. The Licensor reserves the right to lease to reserved unit to others.
- Prior to renting a storage unit, the Licensee is required to sign a Unit Storage License Agreement (hereafter “Agreement”). The Agreement and Terms and Conditions is effective immediately after signing of the Agreement.
- Licensee fee is presented and calculated on a monthly basis and can be paid per month or be prepaid in advance for multiple months. The Licensee must pay to the Licensor the licensee fee payable of at least one month along with the storage deposit in advance of the commencement date of the mutually signed Unit Storage License Agreement. The storage deposit should equate to two times of the storage unit’s original licensee fee. The deposit amount cannot be accounted or converted into Licensee fee.
- Upon signing of the License Agreement and/or completion of transaction, the Licensee cannot terminate the License Agreement unilaterally for any reason. All payments are not refundable except for the storage deposit.
- Subject to Terms and Conditions, the Licensor shall refund to the Licensee the storage deposit without interest within 15 working days upon termination of the Agreement. The Licensee shall be held responsible for any irreparable damage or destruction and pay to the Licensor for all maintenance and relevant costs incurred. The aforesaid costs shall be deducted from the storage deposit. In case the costs incurred is higher than the storage deposit, the Licensee shall pay to the Licensor the difference.
- If the Licensor has any prepayment discount to offer, the Licensee must comply with all relevant Terms and Conditions set out by the Licensor. The Licensee has to settle all License fee before the commencement date of the License Agreement.
- To secure a promotional offer introduced by the Licensor during a promotional campaign, the Licensee must produce an original copy of a promotional coupon bearing a company chop of the Licensor. The Licensor can deny acceptance of a promotional coupon, which is either not an original copy or an original copy bearing no company chop of the Licensor.
- The Licensor reserves the right to adjust the License Fee at its discretion without any notice. In case of a dispute, the decision of the Licensor shall be final.
- The Licensee is required to notify the Licensor if he wishes to renew the Agreement before the expiration of the previous Agreement. With confirmation from the Licensor, the Licensee pay to the Licensor the License Fee and storage deposit.
- If the Licensee does not indicate his intention to renew the License Agreement and settle the License Fee before the License Agreement expires, the Licensee will be fined HK$200. If the License Agreement has expired by 1 month and the Licensee has not settled the License Fee, there will be an additional fine of HK$400. If the Licensee does not settle the License Fee along with the fine more than 60 days after the expiration of the License Agreement, there will be an additional fine of HK$600. The fines are accrued. In addition, the Licensor is entitled to terminate the Agreement, confiscate the storage unit concerned, and deduct the said fee and fines from the storage deposit with immediate effect. If the License fee is overdue for more than 30 days, the Licensor can confiscate the storage unit licensed to the Licensee without his consent or authorization. The Licensor can also dispose, destroy or sell the possessions of the Licensee stored in the storage unit without any prior notice. The Licensee is responsible for all costs incurred from the above actions.
- There will be no free insurance included in the License Agreement. All stuffs stored in the storage unit shall be insured by the Licensee. The Licensee shall not store precious/ valuable items in the storage unit. The Licensor shall not be held responsible for any accidents (including but not limited to fire, flood, theft, and body injury). The Licensee hereby agrees that the Licensor shall not be required to make any form of compensation or bear any legal liability for the aforesaid.
- The Licensee shall borrow one smart card, one padlock with four keys. The Licensee needs to return these to the Licensor once the agreement has been terminated. The Licensee needs to pay $60(non-refundable per item) if the Licensee wants more than only one smart card or padlock. The licensee has full responsibility for the use of the smartcard. If the Licensee is not able to return the smart card and padlock by the termination, it is his reasonability to pay the penalty. The penalty will be $60 for each item.
- If the Licensee loses keys of his lock, he must seek and pay for a locksmith himself and must be accompanied by the Licensor. The Licensee is responsible for any damage made due to this action and any maintenance costs associated with it will be deducted from the storage deposit.
- The Licensee is required to notify the Licensor if he loses his assigned smart card. For a card replacement, the Licensee has to pay HK$60, which is not refundable.
- This Agreement neither forms a lease agreement nor constitutes a landlord-tenant relationship.
- The Licensee intending to terminate this Agreement during the License period shall notify the Licensor at least 14 days in advance by written notice (including but not limited to letter, facsimile, email or text message) or by phone, and complete and return the “Termination Application Form” to the Licensor. If the Licensee notifies the Licensor by phone in vain, the former must call again or email the termination notice to info@innoutstorage.com. Termination notice of any kind shall expressly state the termination date and can only be validated after the Licensor confirms his receipt and acceptance. If the Licensee moves out without giving a sufficient termination notice of 14 days, the Licensor is entitled to deduct fees from the storage deposit as payment in lieu of notice (based on the License fee and computed on a daily basis).
- If the Licensee moves out ahead of the Agreement expiry date, he is not entitled to any refund or compensation from the Licensor.
- If the Licensee violates any article in the Agreement, the Licensor is entitled to demand remedial actions from the Licensee. If the remedial actions taken by the Licensee is deemed less than satisfactory by the Licensor within 7 days after a notice from the Licensor, the Licensor is entitled to terminate the Agreement immediately and confiscate all License fee and storage deposit paid by the Licensee. The Licensee shall make a reasonable compensation to the Licensor for the loss and expense incurred in regard to the violation of the Agreement and/or delay of return of a vacant storage unit by the Licensee.
- The Licensee intending to move out before the termination date of the Agreement should remove all stuffs from the storage unit, return to the Licensor the storage unit in the same condition as the commencement of the Agreement when the Licensee occupied the said storage unit, and complete the termination procedures within office hours.
- The Licensor can charge the Licensee HK$300 as cleaning fee without any notice if the Licensee fails to fully vacate his storage unit or return a clean storage unit to the Licensor after the termination date of the Agreement.
- To deduct the storage deposit based on the License fee pro rata, and
- Treat all stuffs left in the storage unit as waste disposal without the Licensee’s consent and the costs incurred for removing the stuffs to elsewhere. If the Licensee fails to remove his stuffs within 7 days after the termination date of the License Agreement, the Licensor is entitled to sell, destroy or handle the stuffs by other means without any notice. The income generated from selling stuffs left by the Licensee in the storage unit shall belong to the Licensor. If the income cannot cover the aforesaid costs incurred by the Licensee, the Licensor reserves the right to demand repayment of the difference from the Licensee.
- The Licensee is subject to the terms below if he changes to use another storage unit of the same or different dimensions:
- The storage deposit paid previously will be treated in accordance with point 5 of this Terms and Conditions. The Licensee has to pay storage deposit for the newly rented storage unit (hereafter “new storage unit”).
- The original License Agreement is immediately terminated when the Licensee proposes to change to use a new storage unit to the Licensor as the unit dimensions and License Fee of the new storage unit may differ from the newly rented storage unit. The Licensee is required to sign a new Agreement with the Licensor and pay for its License fee and storage deposit.
- If the Licensee has paid for the License Fee of the rented storage unit, the full remainder, after deducting the License Fee pro rata, shall be transferred to the new License Agreement as the License Fee and storage deposit if the remainder is:
- Not sufficient to cover the License Fee and storage deposit as stated in the new License Agreement and the Licensee have to pay for the difference.
- More than sufficient to cover the License Fee and storage deposit and the remainder is non-refundable. The Licensee can choose to use the remainder for extension of the License Period and pay for the difference, if any.
- If the Licensee has paid for the License Fee of the immediate month and has moved out from the storage unit in the same month, the License Fee of that month is not refundable.
- The date of monthly payment date of the License Fee is fixed on the date when the Licensee moves his stuffs into the storage unit, therefore the Licensee must settle the License Fee of that month before he moves his stuffs into the storage unit.
- If the Licensee requests to change to a new storage unit at a time when he is enjoying a discount offer, he is required to pay the difference between the License Fee and the discounted fee.
- Obligations of the Licensee – the Licensee may comply with the Terms and Conditions below:
- Must keep the storage unit as it is upon the commencement date of License Agreement in terms of structure, size, and appearance.
- Guarantees that the stuffs stored in the storage unit are only private possessions of the Licensee, and do not consists stuffs belonging to third parties or strangers.
- Abide by the instructions and regulations related to the storage unit as set out by the Licensor.
- The Licensee must make compensation to and save the Licensor from all possible liabilities and costs incurred by violating the Terms and Conditions
- Not to store any dangerous and illegal product below, including:
- Food or perishable goods;
- Animals or any other biological;
- Chemicals, radioactive products and biological agents;
- Guns, ammos, and all sorts of weapons
- Explosion or combustible goods or liquids such as painting, petrol, oil, gunpowder, nitrating, kerosene, fuel oil and washing solvent;
- Toxic waste, corrosive, asbestos and other dangerous articles;
- Goods and materials with odour or noise;
- Illegal goods and immoral of illicit goods;
- compressed gas;
- Illegal, hazardous or dangerous goods.
- The Licensee must return the trolley, ladder and other items belonging to the Licensor back to its original position after use. The Licensee has to indemnify the Licensor if he fails to do so.
- The Licensee must make compensation to the Licensor for any damage or destruction to the structure of the storage unit.
- Should the rented storage unit is used for illegal or unethical activities, the Licensee is liable to all legal consequence and the Licensor has the right to terminate the Agreement with the Licensee immediately.
- No storage unit can be used for accommodation purposes.
- No smoking is allowed in properties of the Licensor.
- The Licensee shall not place any object outside the area of his rented storage unit. At all circumstances, items placed outside a storage unit without any care and guard is entitled to be sold, disposed or removed by the Licensor at its discretion.
- The temperature and humidity in the storage facility are regulated and the Licensor will do its best to ensure the regulatory equipment will function smoothly. The Licensor is not required to make any compensation to the Licensee if there is any mechanical failures that might cause inconvenience.
- The Licensee is liable for all loss and damages caused directly or indirectly to others by the Licensee, his visitors, his employees or agents. The Licensee shall indemnify the Licensor for any claims made against the Licensor by a third party arising from the aforesaid events, if any.
- The Licensee has to settle all Licensee fee before the effective date of the License Agreement. If the Licensee fails to do so, the Licensor is entitled to demand recovery of the License fee from the Licensee and terminate the License Agreement immediately. (redundant??)
- For avoidance of doubts, irregularities or negligence of visitors, employees or agents of the Licensee are deemed as the same of the Licensee itself.
- The Licensor can enter the storage unit of the Licensee without prior notice to the Licensee in the following situations:
- There is strong odour, water leakage or strange noises in the storage unit;
- Inspection request made by the Fire Service Department, Police Force, Customs and Excise Department, power company, a court order from the judiciary or a relevant government department, or
- The Licensor will take the following actions should urgent circumstances arise:
- The Licensor may in any circumstances terminate the License Agreement with the Licensee by serving a written notice (including correspondence, facsimile and email) 30 days in advance. The Licensee must return to the Licensor the storage unit in the same condition upon the commencement of the License Period with vacant possession. In case of any damage to the storage unit, the Licensor is entitled to deduct a relevant portion from the deposit as compensation.
- Force Majeure – The Licensor shall take no responsibility for any direct or indirect loss or damage incurred to the Licensee arising from any natural disasters, riots, strikes, trade disputes, accidents, fire, flood, blackout or other uncontrollable reasons which prevent, inhibit or delay the Licensor from granting access to the storage facilities to the Licensee and executing the License Agreement properly.
- Whenever a promotional offer is made available by the Licensor, the Licensee has to be in agreement with the Terms and Conditions concerned and be subject to the following to enjoy the offer:
- Promotional offer is only applicable to targets expressly specified. Each customer can only use a promotional offer for once only unless otherwise specified.
- If it is required that the Licensee to settle a certain month of License fee to enjoy the promotional offer, the Licensee must settle the License fee specified before moving into the storage unit.
- All discount offers can only be used within the promotional period specified.
- All discount offers are not transferable, cashable or refundable.
- Subject to terms and conditions, only one discount offer can be used at one time.
- The Licensor can change or cancel any discount offers without any prior notice.
- The Licensor has the right to amend any discount offers it provides and the discount amount is subject to the latest invoice issued and the Agreement.
- In case of a dispute, the decision of the Licensor shall be final.
- The Licensee shall abide by the terms and conditions and failing to do so, the Licensor has the right to immediately terminate the agreement and cancel any promotion or discount offer provided to the Licensee. If any promotion or discount offer is cancelled, the Licensee shall pay the equivalent of its original monthly fee as compensation of the violation of the terms and conditions.
- If the Licensee cannot settle the License Fee of the next month within 7 days after the Agreement expiry date, the Licensee has to at least pay the full monthly License fee for the month proceeding the Agreement’s expiry date.
- The Licensee cannot transfer his License Agreement to other party.
- The Licensor is entitled to change the office hours and opening hours of its facilities without prior notice.
- The dimensions of storage units provided by the Licensor might have variations and are for reference only. The actual storage unit shall be considered as accurate.
- The Licensor is not responsible for any loss or damages of the Licensee should he fail to enter the storage facility or the storage unit for any reason.
- Delay in execution of rights by the Licensor as stated in the License Agreement shall in no way be considered as the Licensor forgoing its rights.
- In the License Period, the Licensor might take the following measures in compliance of request by government departments or for other reasons: -Change the ceiling height of the storage unit of the Licensee to 1880mm.
-Relocate the storage unit of the Licensee to other storage unit of the Licensor, if needed.
-The Licensor is entitled to changing and relocating storage units of the Licensee and will not be liable or indemnify any loss or damages of the Licensee for the aforesaid actions. - Due to the supply of storage units, promotional offers, adjustment of License fees or other reasons, quotations and specifications given before the signing of License Agreement are for reference only. The Agreement shall prevail for actual amount of License Fee and discounts if any. In N Out International Corporate Limited reserves the right to make adjustment to quotation or invoice issued and the actual and final License fee shall be reflected in the Agreement mutually signed by the Licensor and Licensee.
- This Agreement shall be governed by and interpreted in accordance with the Laws of the Hong Kong Special Administrative Region.
- The Licensee agrees this Terms and Conditions constitutes the License Agreement with the Licensor. The Licensee confirms that he does not reply on statements other than this Terms and Conditions when concluding this License Agreement.
Terms and Conditions of In N Out Storage
Moving Service
- Client should fully pay the moving service 2 days in advance.
- If the quantities of items exceed what have been quoted, an additional charge of $100 will be applied for each piece and immediate payment is required.
- Each limit is not to weigh more than 20kg and each item size is not to exceed 6 feet or 1.8 meters.
- Client should pack by themselves, packaging fee of $100 per 15 minutes will be charged in case it is handled by In N Out Storage.
- Extra fees will be applied if below circumstances haven’t been reported: -No lift, $100 per floor
-Stairs to lift lobby, $100 per floor
-Podium to lift lobby, $300 each time
-Far from parking slot (over 30 meters distance): $100 per 20 meter - 24 hours advance notice is required for the cancellation or reschedule of moving service, otherwise an administration charge of $500 will be applied.
- Before and after relocation services, customers should count the total number of packages. In N Out Storage is not responsible to any problems that occur after In N Out Storage’s staff has left.
- In N Out Storage provides relocation services in accordance to the appointed time, however, this does not form as a commitment or part of the agreement.
- Client agrees to be responsible and liable for all loss or damage incurred during service. Removal fees do not include any insurance or compensation, customers are recommended to insure any valuable items individually.
- The quotation is for reference only, all prices will be adjusted according to actual condition and situation.
- In N Out Storage reserves the final say to any violation or dispute that arises.
