1. PARTIES TO THE AGREEMENT
1.1 This Agreement is between Binefit LLC, a registered company in the State of Michigan (“Binefit LLC”, “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 at any time.
2.3 “Delivery” or “Deliveries” shall be considered to include any deliveries of empty Boxes, collection of Boxes or Goods or return of Boxes or Goods.
2.4 “Boxes” or “Containers” means the boxes or containers in which the Goods are packed, whether they are supplied by us or by the Customer.
2.5 “Goods” or “Items” means the items which are entrusted to be stored by us whether they are stored in our boxes or containers, your own boxes or containers or stored on their own outside of any box or container or in any other way.
2.6 “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.
2.7 “Website” means our website at www.binefitstorage.com or any other website under which we provide or advertise our Services or subsequent URL which may replace it.
2.8 “Addendum Cover” means additional liability coverage for Goods or Boxes stored with us up to a maximum of $250 per Box or Item, up to a total of $2,000 per customer.
3. CUSTOMER RESPONSIBILITIES AND WEBSITE RULES
3.2 You may not under any circumstances sub-license or re-sell any of the Services that we offer nor may you represent us in any way for any reason whatsoever without our prior written consent.
3.3 In the event your e-mail address or residence address changes, you must promptly notify us. We are not responsible if you don’t receive a notice from us because your address changed and you did not notify us.
3.4 You may control your profile and account settings by emailing us at email@example.com or updating your profile online at www.binefitstorage.com. By providing Binefit LLC your email address, you consent to our using the email address to send you site- and storage service – related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the site and storage services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by emailing us at firstname.lastname@example.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
4. GOODS AND STORAGE
4.1 You declare that throughout the entire term of this Agreement all Goods that are entrusted to us are and shall remain your property or that you have the express permission and authority of the person who owns the Goods to use our Services and entrust them to us.
4.2 All Containers remain the property of Binefit LLC unless you decide to purchase them from us.
4.3 Goods stored with us must not exceed 45 lbs per Container or individual item. You are responsible to carefully pack all goods and protect them with protective wrapping or padding. Goods stored in Binefit LLC Containers must be secured with zip ties provided to you upon delivery of the empty boxes. You can choose to secure your Containers with your own padlocks or combination locks at your expense. If you decide to lock the Containers with your own locking mechanism, Binefit LLC will not be responsible for maintaining the key or combinations for said locks.
4.4 We reserve the right to refuse to store any Boxes: (1) if they are over 45 lbs; or (2) if we are not comfortable with the Goods (or the packing thereof); or (3) for any other reason whatsoever.
4.5 Goods stored must not include prohibited, illegal, stolen or perishable items. Other prohibited Goods include but are not limited to plants; creatures (whether living or dead); food of any kind, flammables, firearms, weapons or explosives of any kind; chemicals, hazardous or toxic materials of any kind; items which emit any kind of odor or fumes; compressed gases; any currencies, bonds or securities; or any item of high value such as jewelry, antiques, fine art, fine wines, any currencies or precious metals All items mentioned in this Section 4.5 shall be referred to hereafter as “Prohibited Items”.
4.6 Binefit LLC does not intend on accessing any of your Boxes after they are sealed; however, we or anyone acting our behalf may at any time open your Boxes to access your Goods if we reasonably believe that they contain any Prohibited Items; if we are required to do so by any competent authority, local authority or by law or any court order; or if we feel people or property are at risk of injury or damage. We shall have no liability in the case that we are asked to pass any Goods to any government or law enforcement agency or if we are required by them or a court order to dispose of or destroy any Goods. Any costs or losses incurred by us associated with any of these processes shall be borne by the Customer.
4.7 Temperature & Climate Control: We will use commercially reasonable efforts to maintain the temperature of the facility in which your Boxes are stored between 45°F and 80°F. Other than temperature, Your Things will not be stored in a climate-controlled environment. The airflow, moisture level, and heat will not be regulated. We will take all commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, because Your Things will not be stored in a completely climate-controlled environment, we cannot guarantee that mold or similar microorganisms may not develop on your property. We are not liable for the natural growth of mold, or mildew or similar microorganisms on your property. You assume the risk that mold or similar microorganisms could develop under these circumstances. Further, you acknowledge and agree that the storage containers provided by Binefit LLC and premises where they will be located are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as, but not limited to, books, records, writings, contracts, documents, personalized or other DVDs or videos, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value and records or receipts relating to the stored goods. You agree not to store any such items. Should you store such items, you assume the risk that they could be damaged by the environmental conditions existing at the premises where they are stored and waive all rights and claims against Binefit LLC for any damage arising from environmental conditions.
4.8 RELOCATION OF STORED GOODS: Binefit LLC reserves the right to relocate your Goods to another location of Binefit LLC or contracted warehouse facility within a 50-mile radius without advance notification to you. Such relocation shall not interfere with Binefit LLC’s enforcement of its lien rights.
5. DELIVERIES AND COLLECTIONS
5.1 You are required to ensure that our employees or those of any third party acting on our behalf have reasonable access to your premises in order for us to ensure that we are able to carry out the Deliveries to you. You are responsible to ensure that Goods are available for collection on an easily accessible ground floor or within easy access by an elevator. Where Deliveries require our staff to carry items up or down stairs, there will be separate charges for such services and it is your responsibility to ask about these charges in advance. There must also be reasonable road access and approach to the door of the premises where the Delivery is ordered to/from and parking facilities are available if necessary. In the case that any of these conditions is not fulfilled and our Services are therefore impacted, an extra charge of $25 will be added to your monthly invoice.
5.2 When requesting a Delivery, you are required to choose a time-slot for the Delivery and it is your responsibility to ensure that you or someone you have authorized is present at the address you have provided to receive the Boxes or Goods. You or an authorized representative over 18 years of age must be at the pickup or delivery location in order to receive or send for delivery of any Goods. If someone fails to receive the Delivery, it will be considered a failed Delivery and be subject to a charge of $25.
5.3 Subject to further terms and stipulations as listed in Section 12, we shall not be held liable for any cancellations or deliveries as a result of force majeure, including but not limited to any adverse weather conditions, bad weather warnings, traffic conditions or any other event outside our control.
5.4 We may refuse to collect any Goods or Boxes that do not comply with the terms stipulated in Section 4 at our sole discretion. If this refusal results in a failed Delivery, you will be liable for a failed Delivery charge of $25.
5.5 Binefit LLC Containers are provided to you only for you to pack with Goods that will be be stored by us. It is your responsibility to schedule a collection of the Containers within the space of 7 days from the date of Delivery to you. If you hold onto the Containers for more than 7 days, we’ll charge you as if the Containers were stored with us in our own facilities. When we come to collect Containers from you, you must return to us all the Containers that we previously Delivered to you. If you retain some Containers for a longer time and schedule another Delivery, we will charge you $25 for that Delivery and any subsequent Delivery. If you wish to keep empty Containers or Boxes for yourself, we’ll charge you $40 per Container or Box, as well as a fee of $25 for the Delivery of those Boxes or Containers to you.
5.6 In the event Customer fails to return to in good working condition any Boxes or Containers provided by Binefit LLC including, without limitation, Customer agrees to pay Binefit LLC for the replacement of any such Container or Box at a cost of $40 per container within ten (10) days of the date the Box(es) or Container(s) were to be returned to Binefit LLC.
6. PAYMENTS AND CHARGES
6.1 All applicable charges are those specified on the Website at the time of booking or as specified in this Agreement in the case of failed Deliveries or other situations.
6.2 All applicable charges are subject to change at our discretion. In the case that charges are increased, we will provide you with notice thirty (30) days in advance of the changes taking place. You are, in accordance with Section 8, entitled to terminate the Agreement if you do not wish to continue to use our Services under the new charging policy.
6.3 We currently accept payments for all one-time and recurring charges by American Express, Visa, MasterCard, or Discover Card. However, we reserve the right to require payment by cash, bank check, or certified check should your account balance go past due. The method of payment that we accept for each client may vary and is decided at our sole discretion.
6.4 We will require you to enter your credit card information in order to make use of our services and to register. Your saved credit card information may be used to bill all future charges automatically.
6.5 Services will be billed on a monthly basis with storage charges and any other charges, including, but not limited, to the rental of our Containers and Delivery charges, being billed monthly in advance following the Initial Payment Date. The Initial Payment Date shall be the earliest of either the date on which we collect Goods from you or seven (7) days after we first deliver empty Containers to you.
6.6 Customers are not entitled to refunds for any storage charges, Delivery charges or any other charges billed in accordance with the terms specified herein. Refunds will only be processed if errors in billing are correctly identified and agreed to by us.
6.7 You agree to compensate us in full against all costs and expenses incurred by us in the event a payment fails for whatever reason along with an administrative charge of $35.
6.8 If you fail to arrange payment for any amounts payable to us by the due date and after a grace period of ten(10) days, we may charge interest of 1.5% per month on top of the outstanding amounts in addition to an administrative of $50.
6.9 In the event that you do not promptly pay all charges or payments due to us, we are relieved of any duty howsoever arising in respect of the Goods and we shall exercise lien over the Goods until the outstanding charges or payments have been fully settled and received by us. Under such situation, you authorize us to withhold the Goods and refuse access to them by you or any of your agents and you authorize us to access and inspect the Goods.
6.10 In the event that we do not receive any outstanding charges or payments, we shall issue a final payment reminder notice. If we have still not received the outstanding charges or payments owed to us by you within thirty (30) days after the payment reminder notice was sent to you, we may sell the Goods and transfer ownership of the items to the purchaser of the Goods, after notice provided to you pursuant to applicable . Proceeds from the sale will be used to settle all outstanding charges and/or payments including administrative fees, interest and service fees. If, after settling all charges and payments there is any amount leftover, we will make reasonable efforts to return the excess to you without interest. If within five (5) days, we are unable to get a response from you and unable to pay you the amount leftover, the amount leftover will be retained by us for our own account.
6.11 If the sale of the Goods as stipulated above cannot cover all charges and payments due to us by you, you are obliged to settle any outstanding balance due to us within thirty (30) days. If this is not settled within thirty (30) days we may administer a debt collection agency or hire an attorney to recover all amounts due and all costs incurred as a result of this process shall be borne by you.
6.12 We may sell the Goods by any means reasonably available to achieve a reasonable market selling price, taking into account the cost of sale. If, for whatever reason the goods cannot be reasonably or economically sold, we are authorized to treat them as abandoned and dispose of or otherwise destroy them. All costs of sale or disposal shall be borne by the Customer.
7. LIMITATION OF LIABILITY
7.1 We shall not in any event be held liable or responsible for any damage or loss to the Goods that arises for any reason other than as a consequence of any breach of this Agreement or by any act of negligence or willful misconduct on our behalf or any of our contractors. Nor shall we be held liable or responsible for any lost profits, revenues, savings, data or damage to any computer system.
7.2 You acknowledge that we are not aware of the value of the Goods stored with us and you are responsible to arrange appropriate insurance for your Goods as you may feel you require. We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of Binefit LLC’s liability (or when Binefit LLC is not liable) is your sole responsibility.
7.3 You acknowledge and agree that 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 damages of any sort as a result of using our Website or misinterpreting its content.
7.4 You are responsible to inspect any items returned to you from us for any loss or damage. If you believe there has been loss or damage to items, you are required to notify Binefit LLC within 48 hours of the delivery. We reserve the right to inspect the goods and take pictures of any alleged damage or loss before an insurance claim can be made.
7.5 It is the Customer’s responsibility to ensure that Goods in any Containers or Boxes are properly and carefully packed with enough protection as would reasonably be required for the Goods being stored. We shall not be held liable for any loss, mis-delivery of or damage to any Items as a result of insufficient or improper packing or protection; any natural deterioration of Goods which may happen over time; climate, temperature, or dampness of atmosphere; fire; inherent defect of stored Goods; fragility of Items that you have decided to store; any defects of Goods or any forfeiture or seizure of Goods for legal reasons.
7.6 In the event that your Goods are damaged or lost due to a breach of this Agreement or by an act of negligence or willful misconduct on our behalf or any of our contractors, Binefit LLC’s liability shall never exceed the lower of (i) the cost of the lost or damaged Goods; (ii) the current replacement cost of the Goods, (iii) or, $250 per each Box, with an aggregate of $2,000 for all Boxes stored with Binefit LLC (the “Aggregate Limit”).If you wish to increase the limitation of liability on your Goods, please email email@example.com for availability and pricing.
7.7 If the Goods you store with Binefit LLC are worth more than the per-Box and Aggregate Limit, you do so at your own risk. (You are free to buy your own insurance, and should check because your existing homeowner’s or renter’s insurance may cover the damage.)
7.8 If something breaks or goes missing, Binefit LLC reserves the right to request proof of the alleged loss or damage and the replacement or initial cost of the lost or damaged Goods. Once we’ve been able to assess on our end (or in conjunction with a third-party like UPS), we will notify you, and make arrangements to credit your account, refund you, or replace the item (depending on the circumstances).
7.9 In the case of a missing item, Binefit LLC will first undergo an extensive search of our records to see if we can locate you Goods, and often will need your cooperation to do so.
7.10 Binefit LLC shall not be liable for damage or destruction of any kind to the Goods under any of the following circumstances:
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 goods while in transit or during loading or unloading;
i) Loss or damage to Goods 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) Goods consisting of money, coins, bullion, deeds, bonds, securities and the like;
l) Goods consisting jewelry, watches, precious stones and stamps of all kinds exceeding a collective value of Goods of $250 per Container , for a combined total value of Goods of $2,000 per Customer;
m) Furs, fine arts, mobile phones, perfumery, tobacco, cigars, cigarettes, beers, wines, spirits and the like, exceeding a collective value of Goods of $250 per Container for a combined total value of Goods of $2,000 per Customer;
n) Electronic items exceeding a collective value of $250 per Container , for a combined total value of Goods of $2,000 per Customer. Electronic items are defined as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopies, VCR`s, hi-fi`s, stereos, CD players, digital recorders/players and the like. (Heavy electrical items such as switchgear, turbines, generators and the like shall be deemed not to be electronics.); or
o) Livestock, plants, explosives and flammables.
7.11 DISCLAIMER OF WARRANTIES. THE SERVICES AND CONTAINERS AND BOXES ARE PROVIDED “AS IS”. BINEFIT LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DESIGN OR SUITABILITY, OR QUALITY OF SERVICE. WITH RESPECT TO THE SERVICES OR BOXES OR CONTAINERS OR OTHER MATERIALS DELIVERED BY BINEFIT LLC. NO WARRANTIES SHALL ARISE UNDER THESE TERMS AND CONDITIONS FROM COURSE OF DEALING OR USAGE OF TRADE.
8.1 You may terminate this Agreement at any time by requesting the return of your Items and settling any outstanding charges due to us by contacting us firstname.lastname@example.org Upon termination you must ensure that you contact us to arrange the return of your Items and such return must be arranged within three (3) days from the date of notification. If, for any reason, within fourteen (14) days following the termination of this Agreement and receipt of written or electronic notice from Binefit LLC at the last mailing or electronic address provided by you, you have not arranged the return of your Items we may dispose of them in accordance with Section 6.
8.2 We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective upon written notice to you at the last address that you provided to us.
8.3 If we terminate the Agreement, we will arrange for any of your Boxes or other property that we still hold to be delivered to you. This delivery will be at our expense, unless termination is due to your breach of this Agreement, in which case you are responsible for costs.
8.4 All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
8.5 We may terminate this Agreement at any time and with immediate effect by providing written notice to you at the last address you have provided to us.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 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.
11. SUB-CONTRACTING AND ASSIGNMENT
11.1 Binefit LLC 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.
11.2 The sub-contracting, assignment, transfer or sub-licensing of any of your obligations under this Agreement, whether or not for commercial gain, is expressly prohibited.
11.3 This Agreement shall be binding on your personal representatives and successors.
12. FORCE MAJEURE AND BAD WEATHER
12.1 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.
12.2 A 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, weather or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances.
12.3 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.
13.1 You agree to and shall indemnify and hold harmless, Binefit LLC, its employees, agents, and subcontractors harmless, from and against any and all claims, lawsuits, or demands, including those brought my third parties or you, including reasonable attorneys’ fees, costs, damages, liabilities, judgments and other losses asserted against and alleged to be caused by Binefit LLC’s performance, negligent performance or failure to perform its obligations under this Agreement. 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.