- SERVICE FEE
- In consideration of the Service Fee payable by the User to the Provider and the covenants reserved by and contained in this Agreement, the Provider hereby grants to the User the right to use the storage cum order processing space to the User pursuant to this Agreement (the “Premises”) during the period of this Service (the “Term”).
- The Premises is provided to the User on an as is where is basis condition.
- The Provider and the User acknowledge that this is an agreement for the provision of the Premises for temporary use and neither this Agreement nor the presence of the User or any person or persons at any time constitutes or creates any tenancy, tenancy interest, leasehold estate or other real property interest and this Agreement is not a rental agreement with respect to the Premises, nor does it entitle the User to exclusive possession of them.
- The User agrees and acknowledges that for as long as this Agreement remains valid and subsisting between parties and as and when The Provider deems necessary, the space may be provided in other storing and processing unit other than the Premises.
- If for any reason the Provider cannot provide the Premises stated in this Agreement by the date when this Agreement is due to start it has no liability to the User for any loss or damages but the User may cancel this Agreement without penalty and the Provider will not charge the User the Monthly Service Fee for the Premises. The Provider re- serves the right to delay the commencement of this Agreement, provided that the alternative premises as proposed by the Provider shall be of equivalent size that is similar to the Premises as stated in this Agreement.
- At any point in time, if the User is of the view that the Provider has failed to deliver the Premises which is consistent with the Terms and Conditions stipulated herein, the User shall provide the Provider written notice of such failure and give the Provider fourteen (14) working days to put it right. Should the Provider be unable to put right the Premises within fourteen (14) working days, the Provider will try to find suitable alternative warehouse cum office space for the User, subject to the Provider’s availability.
- TERMS OF PAYMENT
- The User is obliged to make payment of the Service Fee, by way of Inter-Bank GIRO on the 1st day of each calendar month in advance unless otherwise stated. The User agrees that a late payment interest of 1% per month shall be imposed if the User fails to make payment when due and such an act shall be construed as a breach of Agreement, in which case, the Provider reserves the right to terminate this Agreement with immediate effect and the Security Deposit shall be forfeited. For the avoidance of doubt, the User shall be obliged to inform the Provider on their monthly arrangement for electronic payment on or before the date of this Agreement.
- The User will pay a fee for any returned cheque or any other declined payments due to insufficient funds and the User acknowledge that any invoices issued by the Provider to the User shall constitute a formal demand for payment.
- SECURITY DEPOSIT
4.1 The User shall pay a Security Deposit as stated in point 4 being security for due observance and performance by the User of the Terms and Conditions herein, and for any claim by the Provider in relation to this Agreement, upon signing the acceptance. The Provider shall be entitled to deduct from the Security Deposit any monies owing to the Provider for the services or apply the monies towards the satisfaction of any amount that may be payable to the Provider or to a third party in respect of this Agreement for any reason and this shall not relieve the User from any of its obligations under this Agreement or act as a waiver of or otherwise limit the Provider’s right to recover against the User for any breach of this Agreement.
4.2 Upon termination or expiration of this Agreement, the Provider shall refund the Security Deposit without interest to the User sixty (60) days upon clearance of all accounts, but only after written request has been made by the User with forwarding bank details to facilitate return of Security Deposit. If the User fails to demand the refund of the Security Deposit within 365 days after the date of termination of this Agreement, the deposit shall be deemed as forfeited by the Provider absolutely.
The User shall at their own cost and expense maintain adequate insurance coverage for (i) the Premises, their property and asset against loss or damage by flood, fire, riot, burglary and all other risks; and (ii) a comprehensive public liability insurance policy in the joint names of the Provider and the User (which shall include a waiver of sub- rogation against the Provider, User’s legal liability and cross liability clause) against claims for personal injury, death or property damages or loss, arising out of all operations of the User in the Premises, for an amount not less than Singapore Dollars One Million Only (S$1,000,000.00) in respect of any one occurrence. The Provider shall not be held liable for any loss or damage to life or any property and asset of the User in the Premises, howsoever caused.
The User to pay promptly all Value-Added Tax, Goods and Services Tax, Duty Tax and all other taxes which is required to pay to any government authority and any taxes paid by the Provider to any governmental authority that are attributable to the Premises. The obligations of the User under this Clause shall survive the termination of this Agreement.
Any form of notice that is given under this Agreement must be in writing. Any notice will be deemed as served if (i) (for notice by fax or given by hand) immediately on the day upon which it is sent; or (ii) (for notice by registered post) 24 hours after posting and in proving it, it will be adequate to show that the envelope containing the notice was addressed, stamped and posted.
8.1 Without prejudice to the rights of the Provider at law and in equity, in the event the User purports to terminate this Agreement for any reason prior to expiry of the Term, (i) the Provider shall be entitled to receive from the User forthwith in one lump sum the amount equivalent to the aggregate Service Fee for the whole Term less any Service Fee actually received by the Provider plus the compensation payable to the Provider by the User during use of the Free Service Period; (ii) the User shall refund to the Provider, the commission paid by the Provider to the broker (if any), on a pro-rated basis, for the unexpired Term and (iii) any other fees that the Provider may incur due to this breach of this Agreement by the User, at the time of the purported termination of this Agreement by the User. Provided nothing herein shall be construed to impose or imply any obligation on the Provider to accept the User’s purported termination of this Agreement.
8.2 In the event that the Term is being repudiated by the landlord or the JTC Corporation (the “JTC”) where applicable before the expiry of the Term or the landlord or JTC re-enters the Premises or any part thereof in the name of the whole, the Provider shall inform the User and give written notice to the User. On (i) the expiry date of the Provider’s Termination Notice, or (ii) the date of the landlord or JTC’s re-entry into the Premises, whichever date is the earlier, the Term and this Agreement will end without affecting the rights of the Provider against the User for any previous default by the User arising out of or in connection with this Agreement, and without the landlord or the JTC or the Provider being liable for any inconvenience, loss, damage, cost, expense or compensation in connection with the termination of this Agreement pursuant to this Clause. In such an event, the Provider shall endeavour to find suitable alternative space for the User, subject to availability. If the Provider fails to provide alternative premises to the User or the User refuses to accept the alternative premises, the User shall reserve the right to terminate this Agreement without penalty and there shall be no claim against either party due to such termination.
8.3 If after the User has vacated the Premises after the end of the Term or holding over period or after termination of the Term or the agreement is terminated for whatsoever reason under this Clause herein, any property (other than the fixtures, fittings and improvements) of the User remains on the Premises, the Provider may as agent of the User, deal with and dispose of the property in any manner which the Provider thinks is appropriate at the User’s cost and expense and the User must indemnify the Provider against any liability incurred by the Provider to any third party whose property is dealt with or disposed of by the Provider in the mistaken belief (which will be presumed unless the contrary is proven) that such property belonged to the User.
8.4 In the event that the Provider or its employees are being harassed by the User and/or the User have been suspected to be involved in any immoral, unethical, illegal or fraudulent business practice, the Provider shall reserve the right to terminate this Agreement.
- At the end of this Agreement (unless renewed), the User must at its cost and expense vacate the Premises and ensure the fixture and fittings are in good and tenantable condition as at the commencement of this Agreement or to the reasonable satisfaction of the Provider. In the event the Provider finds that the Premises is not in satisfactory condition, a reinstatement fee would be applied. The User shall also return the Premises in the aforementioned condition to the Provider on or before 1700 hours on the last day of the Term herein, upon a joint inspection to be held between the Provider and the Use.
8.6 In the event that the Provider has given the User a notice of Termination upon the expiry of the Term and if the User continues to occupy the Premises or fails to deliver vacant possession of the Premises after the end of this Agreement, in the absence of any express and written agreement between the Provider and the User, the User shall be deemed to be holding over entirely at the sufferance of the Provider and this holding over shall be determined by the Provider at any time. During such period of holding over, the User must pay the Provider double the amount of the Service Fee payable on a monthly basis and such Service Fee shall not be pro-rated for such period of holding over (even if the period of holding over is less than a calendar month) and the other provisions of this Agreement shall continue to apply. For the avoidance of doubt, such holding over will not be treated as a renewal of this Agreement whether by operation of law or pursuant to the provision of this Agreement.
8.7 The User hereby expressly agrees that the Provider has a lien over the goods and products stored by the User at the Premises for all arrears and outstanding monies owed to the Provider under this Agreement. In the event, the Provider is entitled to exercise their rights arising from this lien and/or shall be entitled to retain the said goods and products until full payment of the arrears and outstanding monies has been paid by the User and received by the Provider. The Provider shall be entitled to charge the storage for retaining the above goods and products based on prevailing rates or on a pro-rated basis. The User further confirms that the Provider shall not be liable as a bailee for the goods and products retained in such event.
- ASSIGNMENT OF RIGHTS
- The User shall not assign, transfer or use as collateral, any rights or obligations arising in connection with this Agreement to any third party or hold them on trust for any such party.
- The Provider is entitled to transfer (either by way of assignment or novation) all of its rights and interests under this Agreement. The User hereby expressly acknowledges and undertakes to the Provider that where the Provider transfers its rights and Interest in, under or arising out of this Agreement (including the transfer of the Security Deposit), the User shall be deemed to have consented to such transfer and shall accept any transferee of the Provider as its new provider and shall release the Provider from all its obligations under the provisions of this Agreement. The User acknowledges that failure on the User to sign the transfer agreement within fourteen (14) days of written notice being served shall be deemed a breach of this Agreement.
- THE PROVIDER’S STAFF
If the User, or any business of which the ownership or control is directly or indirectly associated with the User, at any time during the term of the Agreement, or within 12 months after termination of the Agreement, employs/ contracts any of the staff employed or who were employed by The Provider or The Provider’s Affiliates during the term of the Agreement then the User shall pay to The Provider by way of liquidated and/or ascertained damages an amount equivalent to one year of the annual wage and/or annual cash package of the employee whom The Provider shall employ to replace the staff who has been solicited by the User. The applicability of liquidated and ascertained damages applies to all staff whether permanent, part or otherwise.
- THE PROVIDER’S LIABILITY
10.1 The Provider is not liable to the User or its employees, independent contractors, agents or any other persons in respect of the following circumstances:
- a) the Provider is unable to uphold or perform any aspect of this Agreement, including the ability to access the Premises, or any loss or damage to the goods and/or products due to riots, strikes, acts of terrorism, acts of God, civil unrest, lock-outs or any other matters beyond the control of the Provider.
- b) any damages, whether for physical and/or economic loss or damage.
11.2 Exclusion of consequential losses, etc: The Provider will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims, or any consequential loss which shall be so caused to the User, unless the Provider otherwise agrees in writing. The Provider strongly advises the User to insure against all such potential loss, damage, expense or liability.
- RE-ENTRY & NON-COMPLIANCE
12.1 The User will be in default under this Agreement if, during the Term:
- a) the User fails to pay the Service Fee or any other sum payable under this Agreement within seven (7) days after the due date (whether or not formally demanded); or
- b) the User fails to comply with other obligations under this Agreement and (where the breach is capable of remedy) fails to make good the default after the Provider has given to the User notice to do so; or
- c) any distress or execution is levied on the User’s property and is not discharged within seven (7) days; or
12.2 In any of the above events, the Provider may re-enter and take possession of the Premises (or any part of it) at any time (even if any previous right of re-entry has been waived) and immediately on such re-entry, this Agreement will end and the Provider shall reserve the right to forfeit the Security Deposit mentioned in Clause 4 of the Agreement
12.3 The exercise of its right of re-entry by the Provider will not affect any other rights of the Provider against the User (including the rights in respect of the default under which the re-entry is made).
12.4 The User must indemnify the Provider from and against all costs, losses, damages and expenses (including loss of Service Fee which would have been payable by the User if the Term had been completed and all costs and expenses incurred for re-letting or attempted re-letting of the Premises and any costs associated with accessing the Premises and disposal or sale of User’s goods), suffered by the Provider as a result of the Provider exercising its right of re-entry. This indemnity will not affect the other rights of the Provider against the User.
12.5 The User acknowledges that he/she is not a bankruptcy upon signing of this Agreement and during the Term if the User becomes insolvent, bankrupt or goes into liquidation, it shall be construed as a breach of this Agreement and it shall be lawful for the Provider at any time thereafter to enter upon the Premises and thereupon this Agreement shall absolutely determine but without prejudice to any claim of the Provider in respect of any antecedent breach by the User of any condition.
12.6 The User hereby expressly agrees that the Provider has a lien over the goods and products stored by the User at the Premises for all arrears and outstanding monies owed to the Provider under this Agreement. In the event, the Provider is entitled to exercise their rights arising from this lien and/or shall be entitled to retain the said goods and products until full payment of the arrears and outstanding monies has been paid by the User and received by the Provider. The Provider shall be entitled to charge the storage for retaining the above goods and products based on prevailing rates or on a pro-rated basis. The User further confirms that the Provider shall not be liable as a bailee for the goods and products retained in such event.
- INDEMNITY BY USER
13.1 The User shall indemnify and keep the Provider fully indemnified against (a) all claims, demands, actions, proceedings, judgements, damages, losses, costs and expenses of any nature which the Provider may suffer or incur for death, injury, loss and/or damage caused by, and (b) all penalties or fines imposed by any competent authority resulting from:
- a) any and all occurrences in the Premises or the use or occupation of the Premises by the User or by any of the User’s employees or independent contractors, or agents or any permitted occupier;
- b) the User or its employees, independent contractors, or agents or any permitted occupier to the Premises (including those caused directly or indirectly by the use or misuse, waste or abuse of the utilities or faulty fittings or fixtures); and
- c) any and all default by the User in complying with the provisions of this Agreement.
13.2 The User shall also indemnify and keep the Provider fully indemnified against any loss, damage which is caused by corruption of data or any loss of information from hardware, software, mechanical or internet damage.
13.3 The User shall not be in competition, whether directly or indirectly with the business of self-storage and/or the subleasing of space.
- PERSONAL GUARANTEE
Upon signing of this Agreement, the directors and/or its shareholders of the User, hereby jointly and severally, irrevocably and unconditionally guarantees as principal debtor and not merely as a surety for the due performance of the User of all its obligations and liabilities herein contained. In the event the User fails to perform the said obligations and liabilities, its directors and/or its shareholders shall pay to the Provider all losses, damages, expenses and costs due to such default. The User agrees that at the time of signing, this clause has been brought to the attention of its directors and/or its shareholders.
- COSTS AND EXPENSES
15.1 The User agrees to pay The Provider (on a full indemnity basis) any administrative fees and legal costs incurred in the drafting, preparation and execution of this Agreement.
15.2 The User agrees to pay The Provider (on a full indemnity basis), the Provider’s legal and other costs and expenses immediately on demand which includes other costs as a result of a default by the User of this Agreement.
15.3 In the event legal action is taken or commenced by the Provider against the User for breaching the covenants herein, then the User shall pay all legal costs incurred by The Provider on a full indemnity basis.
- DISCOUNTS, PROMOTIONS AND OFFERS
The Provider reserves the right to discontinue discounts, promotions or offers without notice.
The Provider will not be treated as waiving its right to proceed against the User in respect of any default by the User of its obligations in this Agreement and/or if the Provider accepts the Service Fee or any other sum payable by the User in this Agreement. Similarly, failure by the Provider to enforce at any time any of the provisions of this Agreement shall not be construed as a waiver of any continuing breach of any provision or any other provision of this Agreement or as a waiver of any right under this Agreement.
- COMPLIANCE WITH THE LAW
17.1 The User must promptly comply, at its cost and expense, with the Law and all requirements of the relevant authority in force at the moment relating to:
- a) the Premises, other than the requirements of the relevant authority in force at the moment relating to any obligation imposed on the Provider solely in its capacity as the Provider of the Premises;
- b) the use or occupation of the Premises; anything done in the Premises by the User; and
- c) anything in the Premises, other than the requirements of the relevant authority in force at the moment relating to the Provider’s obligations in this Agreement
Unless otherwise required by law or regulation, the User shall not disclose or permit the disclosure of or use or permit the use of any information, discussions, negotiations and documentation obtained from the Provider as a result of or the connection with the Agreement implementation thereof, including but not limited to such information concerning the Provider’s business and affairs, and the services and rates provided hereunder, to any person, firm or corporation or any other agent.
The Provider is not bound by any representations or promises with respect to the Premises if they are not stated in this Agreement whether written or oral, express or implied by common law, statute or custom. The User confirms that it has not agreed to or executed this Agreement by relying on any representation which is not stated in this Agreement that is made by the Provider or on its behalf. Any amendments or modifications to the Term of this Agreement may be expressly agreed in writing between the parties.
- RULES OF THE PREMISES
21.1 The User must comply with all the House Rules and all Terms and Conditions herein stated. The User shall also ensure that its employees, agents, independent contractors and its permitted occupiers comply with all the House Rules and all other Terms and Conditions that shall be imposed by the Provider during the term of the Agreement
21.2 The Provider is entitled to make and vary the Terms and Conditions stated in this Agreement and House Rules from time to time, and The Provider shall provide copies of all amendments thereto (if any) to the User.
21.3 The Terms and Conditions will prevail where there is inconsistency between provisions and the House Rules.
21.4 The User shall not be allowed to cover up the viewing panel on the door as the Provider will carry out random check on any unauthorised activities and/or goods that are stored in the Premises.
21.5 The User shall not be allowed to install his/her own lock to lock the Premises.
- UNENFORCEABILITY AND SEVERANCE
21.1 The illegality, invalidity or unenforceability of any provision in this Agreement under the law of any jurisdiction will not affect:
- a) the legality, validity or enforceability of that provision under the law of the Country and State in which the Premises are located; or
- b) the legality, validity or enforceability of any of the other provisions in this Agreement.
- CLAUSE HEADING
Clause headings are for reference and convenience of the parties only and do not define, limit or change the meaning, interpretation and scope of any of the clauses.
- GOVERNING LAW AND SUBMISSION TO JURISDICTION
This Agreement is governed by the law of the Country and State in which the Premises are located. The parties agree to submit to the exclusive jurisdiction of the courts of the Country and State.
These terms and conditions apply to the use of our website and services. By using our website and services, you agree to be bound by these terms and conditions and you also agree that all information you provided to us is accurate and correct. You warrant that you are authorized to engage us on your own behalf or on the behalf of the beneficiary of the services.
1. PARTIES TO THE AGREEMENT
This Agreement is between Work Plus Store Pte Ltd, a Singapore registered company with registered office at 75 Beach Road, #04-01 75BR, Singapore 189689 (“W+S”, “we”, “us” or “our”) and you, the Customer (“Customer”, “you” or “your”). For the avoidance of doubt, a customer includes any visitor to our websites, users of our web or mobile applications and customer employing our services.
2.1 “Services” means any and all services or products which we may offer via your User Account at any time including but not limited to delivery, collection, drop off, transportation and storage services.
2.2 “Storage Facilities” means the premises that are used to store the W+S Box, Carton boxes, Odd Size Item, or items under Flexi Storage concept.
2.4 “Charges” means all applicable charges as stated in the Schedule of Fees herein.
2.5 “Delivery” shall be considered to include any deliveries or drop off or transporting of W+S Box/ Odd Size Item (whether empty or are packed with your items) to the designated address in Singapore or to our Storage Facilities.
2.6 “Collection” shall be considered to include any collections or transporting of W+S Box/ Odd Size Item (whether empty or are packed with your items) from the designated address in Singapore or from our Storage Facilities.
2.7 “Odd Size Item” and/or “Flexi Storage concept” refer to any of your item(s) that you want to store with us. Additional fees may apply depending on the size/weight/quantity of your Odd Size Item. Please email to email@example.com to ask for more information.
2.8 “W+S Box” means the box(es) that are supplied by W+S which shall include 2 tamper-proof seals for ease of packing or removing of your items.
2.9 “You” or “Customer” means you the customer irrespective as to whether you are an individual customer acting on your own behalf or a business customer including your agents, nominees or assignees.
2.10 “Website” means our website at www.workstore.com.sg/valetstorage/ or any other website under which we provide or advertise our Services or subsequent URL which may replace it.
2.11 “Operating Hours” means Monday to Friday from 10am to 5pm. Excluding weekends and Public Holidays.
2.13 “User Account” means an account which you must create and register with us via our website, which shall include a unique username and a password and thereafter you can proceed to make use of our Services.
2.14 “Declaration Form” means a form which is to be filled in by you with regards to your items and to be signed by you or your recipient when the Services that we had provided have been carried out.
2.15 “Force Majeure” means any unforeseeable circumstances beyond our reasonable control, including but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances.
2.16 “Job” shall mean the Delivery, Collection or Valet Retrieval of W+S Box/Carton Box/Odd Size Item/Flexi Storage (whether empty or are packed with your items) to/from the designated address in Singapore or to/from our Storage Facilities.
3. CUSTOMER RESPONSIBILITIES AND RESTRICTIONS
3.1 To make use of our Services, you must register and create an account with us. You are responsible to ensure that the Data you provide in your User Account and Declaration Form is complete and accurate. You agree that you would update us as and when your details change.
3.2 You are to keep your login information including your Data and password safe and to take all reasonable steps to ensure nobody other than yourself can access your account and the Services. All email, personal information or contact information which you are to provide shall
be valid and updated. You agree to update us should there be any changes to your billing or contact information.
3.3 You agree that you have the authority to, and are of legal age to, enter into this Agreement.
3.4 You are to ensure that your items are packed safely so that your items can be transported and stored without damage.
3.5 You are not to sub-license or re-sell any of the Services that we offer without our prior written consent.
4. THE ORDER PROCESS
4.1 You are to log into your User Account to use our delivery, collection, transportation and/or storage services.
4.2 If you require W+S Box to store your items, you shall schedule a date and time via your User Account for us to deliver the empty W+S Box to you and schedule another date and time for us to collect the W+S Box to be transported to our Storage Facilities. It is your responsibility to schedule the collection of the W+S Box prior to the expiry of 7 days from the date of Delivery of the empty W+S Box to you. Upon the expiry of 7 days, we shall then proceed to charge you for our storage services as if the W+S Box had already been stored with us. In the event that you require us to make a second trip for the collection of the W+S Box by end of the 7 days, you shall be liable for additional transport charges.
4.3 You are to pack the items that you wish to store with us and you may take photos of the items for your own reference before handing the W+S Box to us for sealing.
4.4 If you do not require the use of the W+S Box, you may schedule the collection of your Carton Box/ Odd Size Item/ Flexi Storage concept, at the specified date and time, upon which we would transport such Carton Box/ Odd Size Item/ Flexi Storage concept to our Storage Facilities.
4.5 Whilst we would exercise our best endeavor to reach your destination punctually, you agree and understand that the scheduled timing of the Collection/Delivery is an estimate only.
4.6 A Delivery Charge shall be imposed if there is a failed attempt to drop off or collect the W+S Box/Carton Box/ Odd Size Item/ Flexi Storage concept at the designated address at the scheduled date & time.
4.7 During the period of storing the W+S Box/Carton Box/ Odd Size Item/ Flexi Storage concept, we shall not be liable for any loss or damage suffered by you as a result of a damaged W+S Box/Carton Box/ Odd Size Item/ Flexi Storage concept and/or corroded items.
4.8 If you want to have all or some of your items to be returned to you, you may schedule a date and time for us to deliver the W+S Box/Carton Box/ Odd Size Item/ Flexi Storage concept to you. We will then transport your items from our Storage Facilities and deliver them to you as per the date and time indicated by you via your User Account.
4.9 Alternatively, you can have the option to store your items under Flexi Storage concept with us based on per square foot charges with minimum storage of 15 square feet storage space, subject to storage space’s Delivery or Collection Charges. (Please email to firstname.lastname@example.org and ask for more details). It will be the Customers’ responsibility to furnish us with an inventory list and/or its corresponding photos if they wish to partially retrieve their items during the storage service with us.
4.10 Any Collection or Delivery of W+S Box/Carton Box/ Odd Size Item/ Flexi Storage concept for the location at Singapore Changi Airport will be quoted separately.
4.11 Any urgent job order (Collection or Delivery of W+S Box/Carton Box/ Odd Size Item/ Flexi Storage concept on the same day or outside the Operating Hours) shall be quoted separately and subject to our availability.
4.12 In the event you wish to partially retrieve your items (excluding W+S Box/Carton Box), you shall fill up the inventory list as provided to you in the quotation. We shall not be liable for any failure to retrieve all requested items from the inventory list.
5. ITEMS AND STORAGE
5.1 By subscribing to our Services, you hereby declare that throughout the entire term of this Agreement, all items that are placed at our Storage Facilities belong to you. If the items do not belong to you, you hereby declare that you have the express permission and authority of the person who owns the items to use our Services.
5.2 All W+S Box shall remain the property of W+S during the course of our Services. Any W+S Box sold to you are strictly non-refundable and non-exchangeable.
5.3 You shall pack all items carefully with protective materials. We reserve the right to decline the storage of any item(s) as we reasonably deem fit.
5.4 Items stored with us shall not be prohibited, illegal, stolen or perishable. Such items include but are not limited to drugs; food; fruits and plants; creatures (whether living or dead); batteries, flammables, firearms, weapons or explosives of any kind; radioactive, chemicals, hazardous or toxic materials of any kind; items which emit any kind of odour or fumes; compressed gases; any currencies, bonds or securities; or any items of high value such as jewellery, antiques, fine art, fine wines, any currencies, precious metals, furs and deeds.
5.5 We shall exercise the right to open the W+S Box/Odd Size Item to inspect your items and dispose/destroy them accordingly if, (i) we reasonably believe that the W+S Box/Odd Size Item contain items which violates the Clause 5.4 herein; (ii) we are required to do so by any competent authority, local authority or by law or any court order; or (iii) there is a risk of injury or damage to property or persons, in which case, we shall not be held liable for any losses suffered.
5.6 Access to our Storage Facilities is strictly prohibited and we reserve the rights to determine the location of storage of the W+S Box/Carton Box/ Odd Size Item/ Flexi Storage concept.
5.7 You may access to inspect or to retrieve items with our written approval provided that you have given us 2 weeks’ notice prior to the visitation date and such visitation shall be subject to the availability of our staff as you are to be accompanied at all times by an employee of
W+S. An entry fee of S$100.00 will be required per person per entry.
5.8 You hereby acknowledge that you are aware that our Storage Facilities are non-air-conditioned and you will not store any items that requires to be in an air-conditioned environment. W+S will not be liable for any damages or loss pursuant to this clause.
6. DELIVERIES AND COLLECTIONS
6.1 During any Delivery or Collection, a Delivery Order or Collection Note will be provided to you for your endorsement to confirm the Delivery or Collection of your items as stated in the Delivery Order or Collection Note.
6.2 Subject to Clause 13, we shall not be liable for cancellations or deliveries or collections as a result of force majeure, including, but not limited to, any adverse weather conditions, bad weather warnings, traffic conditions or any other event beyond our control.
6.3 Subject to Clause 4.6 above, our driver shall wait for a period of up to 15 minutes at the given Delivery or Collection address. Should you fail to turn up, a failed Delivery charge shall be imposed on you.
6.4 If you wish to arrange for the W+S Box to be delivered to you and allow you to pack your items into the W+S Box on the spot, our drivers can wait for a period of up to 15 minutes for you to pack before sealing up the W+S Box to store at our Storage Facilities provided that your items does not exceed a total number of 5 W+S Box/Odd Size Item(s).
6.5 In the event that you no longer wish to engage our Services and you wish to keep the empty W+S Box, you may email to email@example.com to ask for more information.
6.6 You shall check the condition of the W+S Box given to you upon Delivery. Thereafter, you are required to keep and maintain the W+S Box in a clean and good condition. Should there be any damage to the W+S Box upon collection such that the W+S Box can no longer be used for the storage of items or could not be sealed properly, the W+S Box shall be deemed sold to you.
6.7 We have the final discretion to determine whether your items are suitable to be stored at our Storage Facilities.
6.8 In the event that your items stored with us are damaged and has caused damage to the items or W+S Box belonging to other customers, you agree to be liable and indemnify us and other customers for the loss and damage that shall be suffered.
6.9 You are required to ensure that any of the W+S Box that are placed with you must be arranged for our Collection within 7 days otherwise, we shall proceed to bill you accordingly as per Clause 7.5.
6.10 All Job request(s) shall be submitted via email or WhatsApp not less than seven (7) working days in advance. The Job shall only be deemed as confirmed when a notice of confirmation has been issued to you. Confirmation of Job(s) is subjected to availability and we reserve the right not to confirm the Job request(s) at our discretion. Cancellation of Job(s) after receipt of notice of confirmation is not allowed.
6.11 Should you require to cancel a Job after the notice of confirmation has been issued, the Deposit shall be forfeited in accordance with this Clause 6.11:
(i) Cancellation made less than seven (7) working days prior to the scheduled date and time, 50% of the Deposit will be forfeited.
(ii) Cancellation made less than forty-eight (48) hours prior to the scheduled date and time, 100% of the Deposit will be forfeited.
6.12 We reserve the right to reject/reschedule any additional loads or services that are not under the Job.
6.13 In order for us to carry out our duties and provide the relevant Services to you, you undertake to:
(1) Ensure that an accurate address is provided for pickup or delivery. Any failure to pick-up or deliver will be subject to a Failed Pick-up/Delivery Fee.
(2) Allow access and parking at the place of pick-up or delivery.
(3) Ensure that all items can be collected or delivered by our staff via an elevator.
(4) Be present for or appoint a representative to be present during pick-up or delivery in order to avoid a Failed Pickup/Delivery Fee.
6.14 Should there be a cancellation or delay due to any unforeseen circumstances, we will make reasonable effort to notify the Customers through telephone, SMS, and/or email. We reserve the right to notify you in advance if we need to change or modify the scheduled appointment
for pickup or delivery.
6.15 Should the elevators not be operating during pickup or delivery, W+S reserves the right to cancel the Job or to charge an additional fee charge for such Job
7. PAYMENTS AND CHARGES
7.1 All applicable Charges are those specified on the Website at the time of booking or as specified in the Schedule of Fees as set forth in this Agreement. All applicable Charges are quoted in Singapore dollars and are subjected to the prevailing Goods and Services Tax (“GST”).
7.2 All applicable Charges are subject to change at our discretion. In the event that Charges are revised, 1 month’s notice shall be given to you and pursuant to Clause 9, you are entitled to terminate the Agreement.
7.3 All payments shall be made by either Credit Card payment or PayPal.
7.4 By subscribing to our Services, you agree to provide us with your credit card information and details, which we are entitled to use for all billing and payment purposes thereafter.
7.5 All Charges incurred for the use of our Services shall be billed to you in advance on a monthly basis, following the first payment date. The first payment date shall be the earlier of: – (i) the date on which we collect the items from you; or (ii) 7 days after we deliver the empty W+S Box to you, and thereafter shall be renewed automatically on a monthly basis.
7.6 Customers are not entitled to be credited or refunded for any prepaid storage Charges, Charges incurred for Delivery or Collection or any other Charges which are imposed on you in accordance with the terms specified herein. In the event that you decide to cease the subscription of our Services during the billing cycle, you are also not entitled to any refunds from us.
7.7 For Credit Card payment, all payments shall be deducted automatically via your credit card account. For PayPal payment, all payments shall be made to us within 7 days from the date of invoice. You agree to compensate us in full against all costs and expenses that shall be incurred by us in the event of a failed payment for whatever reason.
7.8 If you fail to arrange payment for the amounts due to us by the due date, we will issue you a reminder notice and will charge you an administrative charge of S$15.00. A second deduction shall be made after the end of the 7th day from the due date for all outstanding amounts, including the above mentioned administrative charge.
7.9 In the event the second deduction is unsuccessful, we shall issue a 2nd reminder notice for final payment and charge a late payment interest of S$30.00 on top of the outstanding amounts stated in Clause 7.8. If payment is not received within the next 7 days after the issuance of the said reminder notice is made, we shall proceed to dispose/sell the items to interested buyer(s), in which case and by conduct of your non-payment, you agree to waive your rights to hold us liable for such disposal/sale of the items, in both law and in equity. You shall be issued a written notice that the sale of the items has been effected. Proceeds from the sale shall also be used to settle all outstanding Charges and/or payments including administrative fees, late payment interest and Charges that have been incurred under your account.
7.10 You will be notified if there is any excess amount that can be refunded to you without interest as set out at Clause 7.9. You will be required to reply whether to transfer such excess amount to your credit card account or issue to you by mode of cheque. In any of the event that you did not reply or fail to collect the cheque (upon your request) for a period of 6 months from the date of email or date of cheque issued, it shall be deemed that you agree to waive your rights to claim for the excess thereafter.
7.11 If the proceeds from the sale of the items as set out at Clause 7.9 above is inadequate to cover all Charges and payments due to us by you, you shall be obliged to settle any outstanding balance which remains due within 7 days from the notice of sale. If the outstanding balance remains unsettled after 7 days, we may proceed to commence legal proceedings against you to recover all amounts due and you shall indemnify us of all costs and expenses incurred in the process of doing so.
7.12 In the event that the items could not be sold, you hereby authorized us to proceed to dispose/destroy/discard the items. All costs of sale or disposal shall be borne by you, without prejudice to any rights or remedies due to us in respect of any breach of any covenant by you which shall arise from or in connection with this Agreement.
8. LIMITATION OF LIABILITY
8.1 We shall not be held liable or responsible for any damage or loss that shall arise for any reason.
8.2 You agree that we are not liable to you or any person for the damage, destruction or theft of any of your items that are stored at our Storage Facilities, howsoever caused, and you hereby agree to waive all rights to seek any claim which you might otherwise have against us, unless such damage, theft, destruction which has been so caused is as a result of our action(s).
8.3 You agree to indemnify us in any respect of any claim that shall be made against us and any expenses that shall be incurred by us as a consequence of, in relation to, or in any way arising out of, your use of our Services.
8.4 You acknowledge that we are not aware of the value of the items that is stored with us and you are responsible to arrange for appropriate insurance for your items. By entering into this agreement and subscribing our Services, you also agree to waive all rights of recovery against us for any claims.
8.5 You acknowledge and agree that the use of our Website and any of our Services is entirely at your own risk. We shall not be held liable or responsible in any way for any direct or indirect loss or damage suffered as a result of your use of our Website.
8.6 You are responsible to inspect any items returned to you for any loss or damage. If there is any loss or damage to your items, you are required to notify W+S within 24 hours of the Delivery. We reserve the right to inspect the said items and take pictures of any alleged damage or loss before a claim can be made.
8.7 It is your responsibility to ensure that the items are properly and carefully packed with adequate protection as would reasonably be required. We shall not be held liable for any loss, misdelivery of and/or damage to any items as a result of poor packing or inadequate protection or deterioration in the state of the items.
8.8 Subject to Clause 8.9 herein, W+S shall reimburse you up to the sum of S$10.00 or such other amount which we may determine as final and conclusive per W+S Box or any Odd-Size Item placed in our Storage Facilities, in the event of any loss or damage caused to your items which is not caused by you, provided that your items are stored in compliance of Clause 5 above. The reimbursement shall be made by us to you via cheque, subject to proof of the costs of the lost or damaged item. W+S shall not be liable for the damage of your items, if the same is caused directly or indirectly by fire, earthquake, flood, or other causes, that are beyond our control.
8.9 We shall not be liable for any loss, damage or destruction caused to your items due to the following:-
a) Terrorist attack, war or military action;
b) Loss or damage resulting from unknown or mysterious causes;
c) Consequential loss of any kind or description;
d) Nuclear reaction, radiation or radioactive, biological or chemical contamination;
e) Loss of data records other than the cost of blank data carrying materials;
f) Loss from theft without forcible and violent signs of entry into a securely locked space;
g) Breakages, denting, scratching, denting, chipping, marring or any accidental damage to items stored;
h) Any damage to items while in transit or during loading or unloading;
i) Loss or damage to property directly resulting from Flood, water seeping from outside the premises, action of the sea or waves or tidal wave.
j) Flood means the covering of normally dry land by water that has escaped or been released from the normal confines of: (i) any lake, or any river, creek or other natural watercourse, whether or not altered or modified; or (ii) any reservoir, canal, or dam.
k) Money, Coins, Bullion, Deeds, Bonds, Securities and the like.
l) Jewellery, Watches, Precious Stones and Stamps of all kinds
m) Furs, fine arts, electronic items, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like,
n) Livestock, plants, explosives and flammables.
8.10 Notwithstanding the above, you agree that no terms within this Agreement will affect or restrict any of your statutory rights.
9.1 You may terminate this Agreement and close your User Account at any time by making a request for the return of your items via your User Account. Before the termination can be done, you must settle any outstanding Charges that are due to us, including all fees incurred within the billing cycle during which the termination occurs. Upon termination, you must ensure that you contact us to arrange for the return of your items and such return must be arranged within 14 days thereafter. If, for any reason, after 14 days following the termination of this Agreement, you have not arranged for the return of your items, we may proceed to dispose them in accordance with Clause 7.
9.2 We may terminate this Agreement at any time by providing written notice to you. If we terminate this Agreement, we shall arrange for your stored items to be delivered back to you at our costs and expense, unless the termination is due to your breach of this Agreement, in which, you shall be responsible for all costs and penalty fees that shall be incurred.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We retain ownership of all intellectual property rights of any kind related to our Website and Services, including all applicable copyrights, patents, trademarks and other property rights, save for those which may relate to third parties that we may mention on our Website or work with in providing the Services.
10.2 Limited, non-exclusive, non-licensable and non-transferable use of limited content for personal use is permitted, however must not be used for commercial purposes.
12. SUB-CONTRACTING AND ASSIGNMENT
12.1 W+S may at any time sub-contract, assign or transfer any or all of its rights and obligations under this Agreement to any third party or agent.
12.2 This Agreement shall be binding on your personal representatives and successors.
13. FORCE MAJEURE
13.1 We will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.
13.2 In the event of a Force Majeure, we will aim to contact you as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.
You agree to release, fully indemnify, defend and hold us, our employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of the use of our storage Service, including but not limited to any breach of the Agreement by you. In addition, we shall not be liable to you for damages caused by any act of God. This clause also applies to any other liabilities arising out of your use of our Website or Services or by any other person accessing our Website or Services under your account or using your Data.
15.1 Any notices given by you to us must be made in writing, by way of email to firstname.lastname@example.org or by registered postal mail to our registered office as specified in Clause 1 of this Agreement.
15.2 Any notices given by us to you must be in writing and may be served by email or by postal mail. Such notice shall be directed to the email or postal address you have provided to us through our website or as separately provided to us in the form of a notice according to the details as stipulated in this Clause.
15.3 A notice shall be deemed to have been served at the time the registered postal mail has been signed for by us in the case of registered postal mail; within 48 hours from the time the notice has been sent out in the case of postal mail; and from the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
16. GOVERNING LAW AND LANGUAGE
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Singapore.
17.1 We reserve the right to amend the terms and conditions within this Agreement from time to time and it is your responsibility to review these terms and conditions on each occasion you procure our services and/or products. The latest version of this Agreement will always be accessible at www.workstore.com.sg/valetstorage/. Your continued use of our Services will be deemed to represent your continued acceptance to the latest version of this Agreement. If you do not agree with any changes to this Agreement, you may terminate this Agreement as per Clause 9.
17.2 We always welcome your feedback which can be sent to us by email to email@example.com. Where you supply any feedback, you agree and acknowledge that W+S shall have no obligation to maintain confidentiality of such feedback and/or suggestions and that it may be incorporated into our Website or Services.
17.3 If any provision of this Agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
17.4 Each party shall keep any and all information disclosed between the parties to this Agreement in strict confidence. This clause shall survive the termination of this Agreement.
18. CANCELLATION POLICY
18.1 W+S offers no cancellation and refund once the sign-up details and payment have been submitted. Customer must give notice for any amendments no less than 48 hours prior to the scheduled pick-up or Delivery.
18.2 Any cancellation or rescheduling of Job less than 48 business hours prior to the scheduled pick-up or Delivery may be subjected to a cancellation or rescheduling fee according to the Schedule of Fees.