Terms and Conditions

SOUTH EAST STORAGE TERMS AND CONDITIONS

The monthly storage contract between Channel Storage Ltd and the Customer

These Terms and Conditions form the storage agreement between Channel Storage Ltd and the person or organisation named in the booking (“Customer”, “you” or “your”).

Channel Storage Ltd operates its storage business under the South East Storage brand and currently operates the following storage Sites:

Ross Way Storage, Folkestone
Seaview Storage, Folkestone

Throughout these Terms, “South East Storage”, “we”, “us” or “our” means Channel Storage Ltd, the Facility Owner and contracting party.

The particular storage facility covered by your Agreement is the Ross Way Storage or Seaview Storage Site identified in your booking confirmation and is referred to throughout these Terms as the “Site”.

Ross Way Storage and Seaview Storage are Site or trading names used by Channel Storage Ltd and are not separate contracting entities.

These Terms and Conditions are accepted during customer sign-up. Please read them carefully.

The Agreement becomes binding when you complete the booking process, accept these Terms and Conditions and your reservation is confirmed by South East Storage. It is not necessary for you to have physically moved Goods into the Unit for the Agreement to take effect.

By completing your reservation you agree to be bound by these Terms and Conditions, subject to any statutory rights which apply to you.

FACILITY OWNER DETAILS

Facility Owner and contracting party: Channel Storage Ltd

Operating brand: South East Storage

Storage Sites:

Ross Way Storage, Folkestone
Seaview Storage, Folkestone

Correspondence address:
Channel Storage Ltd
Unit 1 Ross Way Enterprise Centre
Ross Way
Folkestone
CT20 3UJ

Email: admin@rosswaystorage.co.uk

Website: www.southeaststorage.co.uk

Please advise us immediately if your contact details, including your postal address, telephone number or email address, change.

DEFINITIONS

For the purposes of this Agreement:

Agreement means these Terms and Conditions together with your booking confirmation and any Site-specific information or conditions expressly incorporated into your booking.

Customer means the person, people, company or other organisation entering into the Agreement with Channel Storage Ltd.

Debt means all unpaid Storage Fees, late-payment charges and other sums properly due to South East Storage under this Agreement.

Due Date means the date on which a Storage Fee or other payment becomes due.

Facility Owner means Channel Storage Ltd.

Goods means all property stored or brought onto the Site by or on behalf of the Customer.

Move-In Date means the date shown in the booking confirmation on which the storage service is due to commence.

Replacement Value means the cost of replacing the Goods with equivalent new Goods where reasonably available.

Site means the Ross Way Storage or Seaview Storage facility identified in your booking confirmation.

South East Storage means Channel Storage Ltd operating its storage business, including the Ross Way Storage and Seaview Storage Sites.

Storage Fee means the recurring charge for the Unit shown during booking or subsequently varied in accordance with this Agreement.

Unit means the storage room, shipping container or other storage space allocated to the Customer at the Site.

KEY POINTS

Contracting party: Your Agreement is with Channel Storage Ltd, regardless of whether your Unit is located at Ross Way Storage or Seaview Storage.
Your Site: Your booking confirmation will identify the Site and Unit covered by your Agreement.
Contract type: This is a monthly recurring contract subject to a minimum initial storage period of one full monthly storage period from your agreed Move-In Date. After the minimum initial storage period, the Agreement continues until terminated in accordance with these Terms.
Reservation period: A Unit may normally be reserved for a Move-In Date no more than 7 calendar days after the date the reservation is completed, unless otherwise agreed by South East Storage.
Commitment once reserved: Once your reservation has been confirmed, there is no separate contractual right to cancel your reservation free of charge before your Move-In Date. You are committing to the minimum initial storage period of one full month. If you change your mind, fail to move in or decide that you no longer require the Unit, the first month's Storage Fee remains payable, except where you validly exercise a statutory cancellation right which applies to you as a consumer or South East Storage is unable to provide the contracted storage service.
Consumer cancellation rights: Customers entering into this Agreement as consumers online or otherwise at a distance may have a statutory cancellation right. Nothing in these Terms removes or restricts those rights.
Site Access:
- Ross Way Storage: 7:00am to 9:00pm, 7 days a week.
- Seaview Storage: 24 hours a day, 7 days a week.
Access remains subject to these Terms and any temporary restrictions reasonably required for safety, security, maintenance, emergencies or operational reasons.
Notice period: 30 days' written notice is required to vacate your Unit. Notice may be provided at any time, including during your minimum initial storage period, but your contractual Termination Date cannot be earlier than:
- the end of your minimum initial storage period; or
- 30 days after South East Storage receives your notice,
whichever is later.
We will confirm any pro-rata payment due for your final storage period. Any deposit properly due for return will be refunded after you have vacated your Unit, removed all Goods and rubbish and left the Unit in the required condition.
You warrant that you own or are authorised to store the Goods.
Storage Fees must be paid in advance and on time.
Late-payment charge: If your account remains overdue for more than 7 days, a £25 late-payment administration charge will be applied for each week that the payment remains overdue, up to a maximum of four weekly charges in relation to that overdue payment. Access to your Site and Unit may also be restricted while money remains outstanding.
If you fail to comply with this Agreement, South East Storage has certain rights which include restricting access to your Unit and, following the appropriate default process, selling and/or disposing of your Goods.
You must keep the Unit secure.
You must not store hazardous, dangerous, illegal, stolen, perishable, environmentally harmful or explosive Goods.
You must satisfy yourself that the Unit is suitable for the Goods you intend to store.
South East Storage's liability for loss of or damage to Goods is limited to £100, subject to this Agreement and any liability which cannot lawfully be excluded or limited.
Goods are stored at your sole risk. You must maintain appropriate insurance cover as described below.
South East Storage signposts Customers to third-party storage insurance. Any insurance contract is between the Customer and the insurance provider and is subject to that provider's terms and conditions.
South East Storage may collect, use and share your personal information in accordance with applicable data-protection law and its Privacy Policy.
Shipping containers used for business purposes may in some circumstances be subject to business rates. Business Customers are responsible for establishing whether any liability applies to them.

CONDITIONS OF AGREEMENT

STORAGE

So long as all fees are paid up to date, Customer:

(a) is licensed to store Goods in the Unit allocated to Customer by South East Storage at the Site identified in the booking confirmation and only in that Unit;

(b) is deemed to have knowledge of the Goods in the Unit; and

(c) warrants that it is the owner of the Goods in the Unit and/or entitled at law to deal with them in accordance with all aspects of this Agreement as agent for the owner.

South East Storage:

(a) does not have and will not be deemed to have knowledge of the Goods;

(b) is not a bailee, custodian or warehouseman of the Goods and Customer acknowledges that South East Storage does not take possession of the Goods;

(d) provides Unit sizes that are approximate and there may be small variations in Unit size and dimensions from those described. By entering into this Agreement, Customer accepts the actual dimensions of the Unit used rather than any represented approximate size.

RESERVATIONS, MOVE-IN DATE AND MINIMUM STORAGE PERIOD

2A. Reservation period

A Unit may normally be reserved for a Move-In Date no more than 7 calendar days after the date the reservation is completed, unless South East Storage expressly agrees otherwise.

The Move-In Date is the agreed date shown in Customer's booking confirmation on which the storage service is due to commence.

2B. When the Agreement becomes binding

The Agreement becomes binding when:

(a) Customer completes the booking process;

(b) Customer accepts these Terms and Conditions; and

Customer does not need to have physically attended the Site or placed Goods into the Unit for the Agreement to become binding.

2C. Minimum initial storage period

Every reservation is subject to a minimum initial storage period of one full monthly storage period commencing on the agreed Move-In Date.

By completing the reservation, Customer agrees to pay at least the Storage Fee applicable to that minimum initial storage period, subject to any statutory cancellation rights which apply.

After the minimum initial storage period, the Agreement continues as a monthly recurring storage contract until terminated in accordance with Condition 34.

2D. Cancellation before the Move-In Date

South East Storage does not provide a separate contractual free-cancellation period after a reservation has been confirmed.

Accordingly, if Customer:

(a) changes their mind;

(b) decides that the Unit is no longer required;

(d) does not place any Goods into the Unit,

this does not automatically cancel the Agreement or remove Customer's contractual liability for the minimum initial storage period.

This Condition is subject to any statutory cancellation rights available to Customer as a consumer.

2E. Failure to move in

If Customer does not move into the Unit on the agreed Move-In Date, the Agreement does not automatically end.

Unless otherwise agreed in writing, the Unit may remain allocated to Customer and the Storage Fee will remain payable in accordance with this Agreement unless:

(a) South East Storage agrees otherwise in writing;

(b) Customer has validly exercised a statutory cancellation right; or

2F. Statutory consumer cancellation rights

The reservation and minimum-term provisions above describe South East Storage's contractual cancellation policy. They do not remove or restrict cancellation rights which Customer may have by law.

Where Customer enters into this Agreement as a consumer online, by telephone or through another method constituting a distance contract, Customer will normally have a statutory right to cancel the Agreement during the applicable cancellation period.

Where that statutory right applies, the cancellation period normally ends 14 days after the day on which the Agreement is entered into.

Customer does not need to give a reason for exercising a statutory cancellation right.

A Customer acting wholly or mainly for business purposes may not have the same statutory consumer cancellation rights.

2G. Commencing storage during the statutory cancellation period

Because South East Storage permits Move-In Dates within 7 days of reservation, the agreed Move-In Date may fall within a consumer's statutory cancellation period.

Where Customer expressly requests during the booking process that South East Storage begins providing the storage service before the statutory cancellation period has expired, South East Storage may begin providing that service from the agreed Move-In Date.

If Customer subsequently validly exercises a statutory cancellation right after the storage service has commenced, Customer may be required to pay a proportionate amount for the service provided up to the time Customer communicates the decision to cancel, to the extent permitted by law.

If Customer validly exercises the statutory cancellation right before the storage service has commenced, the contractual minimum initial storage period does not override that statutory right.

2H. Exercising a statutory cancellation right

Where a statutory cancellation right applies, Customer may exercise it by making a clear statement that they wish to cancel the Agreement.

Notification may be given by email to:

admin@rosswaystorage.co.uk

or by post to:

Channel Storage Ltd
Unit 1 Ross Way Enterprise Centre
Ross Way
Folkestone
CT20 3UJ

Customer may use the Model Consumer Cancellation Form at the end of these Terms but is not required to do so provided the decision to cancel is communicated clearly.

COST

Customer is responsible to pay:

(a) Storage Fee

The Storage Fee is the amount shown on the South East Storage website at the time of booking, as otherwise agreed or as most recently notified to Customer by South East Storage.

Once a reservation has been confirmed, Customer becomes contractually liable for at least the Storage Fee for the minimum initial storage period described in Conditions 2A to 2H, subject to any applicable statutory cancellation rights.

The Storage Fee is payable in advance in accordance with the payment schedule shown during booking and thereafter on the first day of each storage period (“Due Date”).

It is Customer's responsibility to ensure payment is made on time and in full throughout the storage period.

South East Storage will not accept that payment has been made until cleared funds have been received.

(b)

A Cleaning Fee, to be invoiced at South East Storage's discretion in circumstances described in this Agreement.

(c)

Any reasonable costs incurred by South East Storage in collecting late or unpaid Storage Fees or enforcing this Agreement, including where lawfully recoverable postal, telephone, debt-collection, personnel, default-action, legal and professional costs.

(d)

Any government taxes or charges, including VAT, levied on supplies made under this Agreement.

Where Customer has more than one Agreement with South East Storage, all may form one account and South East Storage may reasonably elect to apply a payment made by or on behalf of Customer against the oldest Debt due from Customer under any Agreement.

3(e) Late payment

Customer will have access to an online account through the South East Storage website where payments and receipts may be viewed and the payment method managed.

If a payment fails, the payment platform may send Customer an email informing them of the failed payment attempt and advising that payment will be attempted again.

The payment processor may make further attempts to collect the amount due.

If a payment remains outstanding for more than 7 days after the Due Date, South East Storage will write to Customer and apply a £25 late-payment administration charge. Customer's access to the Site and Unit may also be restricted.

Thereafter, a further £25 late-payment administration charge will be applied for each further week that the payment remains overdue, up to a maximum of four weekly late-payment charges in relation to that overdue payment.

For clarity:

more than 7 days overdue: £25
more than 14 days overdue: a further £25
more than 21 days overdue: a further £25
more than 28 days overdue: a further £25

The maximum late-payment administration charges applied in relation to that overdue payment will therefore be £100.

If payment remains overdue for more than one calendar month without a written payment arrangement agreed with South East Storage, Customer will be treated as being in formal default and the provisions of Condition 4 may apply.

DEFAULT – RIGHT TO SELL OR DISPOSE OF GOODS

South East Storage takes prompt payment seriously and has a Right of Lien.

Regardless of Condition 34, if any sum owing to South East Storage is not paid when due, Customer authorises South East Storage, subject to applicable law and the notice provisions in this Agreement, to:

(a) refuse Customer and its Agents access to the Goods, Unit and Site and lock or overlock the Unit until the Debt has been paid in full;

(b) enter the Unit and inspect and/or remove the Goods to another Unit or Site and charge Customer the reasonable costs of doing so; and

Customer acknowledges that:

(a) South East Storage shall be entitled to continue charging Storage Fees from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of;

(b) South East Storage may sell the Goods in accordance with this Agreement and applicable law and pass ownership of the Goods to a buyer; and

(c) where Customer fails to pay fees on the Due Date, any discounts or special offers, including periods of free storage, may become repayable where the applicable offer or promotion expressly provides for this.

On expiry or termination of this Agreement, if Customer fails to remove all Goods from the Unit, South East Storage is authorised to treat the Goods as abandoned and may sell or dispose of them in accordance with Conditions 6 to 8.

Customer remains liable for Storage Fees for the period from abandonment until sale or disposal of the Goods.

Before South East Storage sells or disposes of Goods following default or abandonment, it will give Customer written notice requiring Customer to pay the Debt and/or collect the Goods.

The notice will be sent to the most recent postal address and email address supplied by Customer.

If Customer fails to pay the Debt and/or collect the Goods within one month of the notice, South East Storage may access the Unit and begin the process of selling or disposing of the Goods, subject to applicable law.

Customer authorises South East Storage to sell or dispose of Goods in accordance with this Agreement.

South East Storage will seek the best price reasonably available in the circumstances, taking account of the nature and value of the Goods and reasonable costs of sale.

Reasonable default-action costs, including costs associated with accessing the Unit and selling or disposing of the Goods, may be added to the Debt.

Sale proceeds will be applied:

(a) first against the reasonable costs of removal and sale of the Goods; and

(b) second against the Debt.

If sale proceeds do not discharge all costs and the Debt, Customer must pay the remaining balance within 7 days of written demand.

South East Storage may take action to recover the balance and any legal or administrative costs lawfully recoverable in doing so.

If sale proceeds exceed the amount due from Customer, South East Storage will hold the balance for Customer without interest.

If, in the reasonable opinion of South East Storage, a defaulting Customer's Goods:

(a) are not saleable;

(b) fail to sell when reasonably offered for sale; or

Customer authorises South East Storage to treat the Goods as abandoned and dispose of them at Customer's reasonable cost, subject to applicable law.

South East Storage may also dispose of Goods where they have been damaged by fire, flood or another event and are severely damaged, have no reasonable commercial value or are dangerous to people or property.

Where reasonably practicable, South East Storage will notify Customer within 7 days of making such an assessment.

Items left unattended in common areas or outside Customer's Unit may be moved immediately where reasonably necessary for safety, access or operation of the Site.

Items reasonably considered abandoned may be sold or disposed of in accordance with applicable law and this Agreement.

ACCESS

10. Site Access Hours

Customer has the right to access the Unit during the Access Hours applicable to the Site identified in Customer's booking confirmation, subject to this Agreement.

The normal Access Hours are:

Ross Way Storage

7:00am to 9:00pm, 7 days a week.

Customers must leave the Site by 9:00pm.

Seaview Storage

24 hours a day, 7 days a week.

South East Storage will try to provide advance warning of any material temporary change to the normal Access Hours.

South East Storage reserves the right to temporarily restrict or change access where reasonably necessary because of:

(a) safety or security concerns;

(b) maintenance or repairs;

(d) failure of gates, access-control equipment, power, telecommunications or other Site systems;

(e) requirements imposed by the Police, Fire Service or another competent authority; or

(f) another reasonable operational requirement.

Any temporary alteration to Access Hours does not change the normal Access Hours stated above.

11.

Only Customer or persons authorised or accompanied by Customer (“Agents”) may access the Unit.

Customer is responsible to South East Storage and other users of the Site for its own actions and those of its Agents.

South East Storage may require proof of identity from Customer or another person and may refuse access where satisfactory proof cannot be produced.

12.

South East Storage may refuse Customer access to the Unit and/or Site where money is owing by Customer, whether or not a formal demand has been made, or where South East Storage reasonably considers that the safety or security of a person, Unit or Goods may be put at risk.

13.

Customer should not share access with or permit access to the Unit by anyone other than an Agent for whose conduct Customer accepts responsibility.

If Customer does so, it does so at its own risk.

14.

Customer authorises South East Storage and its agents and contractors to enter the Unit and, where reasonably necessary, break a lock to gain entry:

(a) on not less than 7 days' notice to inspect or carry out repairs or alterations to the Unit or Site;

(b) without prior notice, but with notice as soon as reasonably practicable afterwards, in an emergency or to prevent injury or damage to people or property;

(c) where South East Storage reasonably believes the Unit is being used to store prohibited Goods or for a prohibited purpose;

(d) where required by law, the Police, Fire Service, Trading Standards, HM Revenue & Customs, another competent authority or a Court Order; or

(e) to relocate the Goods or exercise South East Storage's lien or power of sale or disposal in accordance with this Agreement.

CONDITIONS

15.

South East Storage will not be responsible for locking an unlocked Unit.

Where applicable, Customer will secure external gates and/or doors of the Site.

16.

Customer must not store or allow another person to store any of the following in the Unit:

(a) food or perishable Goods unless securely packed so that they are protected from and do not attract vermin;

(b) living creatures;

(d) firearms, explosives, weapons or ammunition;

(e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances;

(f) any item that emits fumes or odours;

(g) illegal Goods or substances or Goods illegally obtained, including illicit, counterfeit or smuggled Goods;

(h) Goods which are environmentally harmful or present a risk to another person's property; or

(i) items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art or items of substantial personal or sentimental value.

Customer will be liable under Condition 27 for any breach of this Condition.

17.

Customer will use the Unit solely for storage and shall not, or allow another person to:

(a) use the Unit as an office or living accommodation or as a home, business or mailing address;

(b) do anything at the Site or Unit which may cause a nuisance to South East Storage or another person, including the escape of substances or odours or generation of noise or vibration;

(c) do anything which may invalidate or increase premiums under an insurance policy of South East Storage or another person;

(d) paint, alter or attach anything to the internal or external surfaces of the Unit;

(e) connect or provide utilities or services to the Unit without authorisation from South East Storage; or

(f) cause damage to the Unit or Site, create an obstruction or leave items or refuse in a common area.

18.

Customer must maintain the Unit by ensuring that it is reasonably clean and in a good state of repair.

Where Customer causes uncleanliness or damage to the Unit or Site, South East Storage may charge a Cleaning Fee and/or seek full reasonable reimbursement for repairs, replacement, restoration or disposal of refuse or other items left at the Site.

Such charges may be applied to Customer's payment method in the first instance and, where applicable under South East Storage's current charges, may incur a minimum £75 fee.

19.

Customer must, and must ensure that its Agents:

(a) use reasonable care at the Site;

(b) respect the Site and other users;

(d) comply with reasonable directions of South East Storage's employees, agents and contractors and any rules relating to use, safety and security of the Site;

(e) not block entrances, parking spaces or access routes; and

(f) not leave Goods, rubbish or other items in a way which restricts access or use of the Site.

Where Customer causes an obstruction or leaves Goods or rubbish in breach of this Condition, reasonable removal or administration charges may be applied and serious or repeated breaches may result in termination of the Agreement.

20.

This Agreement does not give Customer a right to exclusive possession of a particular Unit.

South East Storage reserves the right to relocate Customer to another Unit of no smaller capacity:

(a) by giving at least 14 days' notice, during which Customer may elect to terminate the Agreement in accordance with Condition 34; or

(b) on shorter notice where an incident requires the Unit or part of the Site in which it is located to be closed or sealed off.

Where applicable, South East Storage will pay Customer's reasonable relocation costs where those costs have been approved in writing by South East Storage in advance.

If Customer does not arrange removal by the date specified, Customer authorises South East Storage and its agents to enter the Unit and relocate the Goods, subject to the liability provisions of this Agreement.

21.

Customer must ensure that the Unit is suitable for the Goods intended to be stored and is advised to inspect the Unit before storing Goods and periodically throughout the storage period.

South East Storage makes no warranty or representation that a Unit is suitable for particular Goods and Customer is responsible for assessing suitability.

22.

South East Storage may refuse to permit Customer to store Goods, or require Customer to remove Goods, where South East Storage reasonably believes their storage creates a risk to the safety of a person or property.

23.

Customer must notify South East Storage in writing of any change to Customer's postal address, telephone number or email address within 48 hours.

RISK AND RESPONSIBILITY

24.

South East Storage will not be liable for loss or damage suffered by Customer resulting from inability to access the Site or Unit except to the extent that such liability cannot lawfully be excluded.

25.

Goods are stored at the sole risk and responsibility of Customer.

Customer bears the risk of theft, damage to and deterioration of Goods except to the extent that loss or damage results from a liability which South East Storage cannot lawfully exclude.

Subject to applicable law, South East Storage excludes liability in respect of:

(a) Customer's business, including consequential loss, loss of profit or business interruption; and

(b) loss of or damage to Goods above the sum of £100.

South East Storage does not exclude liability for death or personal injury caused by negligence or any other liability which cannot lawfully be excluded.

26.

South East Storage does not insure the Goods.

It is a condition of this Agreement that Goods remain suitably insured throughout the storage period against Normal Perils for their Replacement Value.

Customer warrants that appropriate cover is in place, will not intentionally allow such cover to lapse and will ensure the declared or insured value remains appropriate for the Goods being stored.

South East Storage does not provide advice concerning the suitability or adequacy of insurance cover.

Where South East Storage signposts Customer to a third-party insurance provider, any insurance Agreement is between Customer and that provider and is subject to the provider's own terms.

27.

Customer will be responsible for losses, liabilities, demands, damages, costs and expenses reasonably and lawfully incurred by South East Storage or third parties resulting from:

(a) Customer's use of the Unit or Goods;

(b) breach of this Agreement by Customer or an Agent; or

to the extent that Customer is legally responsible for them.

28.

Customer agrees to comply with all relevant laws and regulations applicable to use of the Unit, including laws concerning Goods stored and the manner in which they are stored.

Customer is responsible for breaches of such laws arising from Customer's Goods or actions.

29.

If South East Storage has reasonable grounds to believe Customer is not complying with applicable law, South East Storage may take reasonable and lawful action including exercising rights under Conditions 14 and 34, contacting or cooperating with competent authorities and, where necessary, removing dangerous or unlawful Goods.

30.

South East Storage shall not be considered to be in breach of this Agreement for delay or failure caused by circumstances reasonably outside its control.

These circumstances may include acts of God, riot, strike, industrial dispute, accident, breakdown of plant or machinery, fire, flood, shortage of labour or materials, transport disruption, power or internet failure, terrorism, environmental or public-health emergencies, or lawful action by competent authorities.

South East Storage will take reasonable steps to minimise disruption where practicable.

PERSONAL INFORMATION

31.

South East Storage collects and processes personal information relating to Customer when a reservation is made and throughout this Agreement.

As the contracting Facility Owner, Channel Storage Ltd is responsible for the processing of personal information relating to this Agreement.

Personal information will be processed in accordance with applicable data-protection law, including the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.

Information processed may include, where applicable:

(a) Customer's name, address and contact information;

(b) booking and account information;

(d) communications between Customer and South East Storage;

(e) access-control records, key or fob records and Site entry information;

(f) CCTV footage and other security information;

(g) information relating to payment default, debt recovery or enforcement of this Agreement; and

(h) other information reasonably required to operate the storage service.

South East Storage may process personal information where necessary to:

(a) enter into and administer this Agreement;

(b) process payments and maintain Customer's account;

(d) operate and secure the Site;

(e) prevent, detect or investigate crime, fraud or misuse of the Site;

(f) recover unpaid sums or enforce this Agreement;

(g) comply with legal obligations;

(h) protect the rights, property and safety of South East Storage, its Customers, staff and other persons; and

(i) deal with legal claims or disputes.

Where lawful and reasonably necessary, South East Storage may share personal information with organisations including:

(a) payment-processing and storage-management service providers;

(b) professional advisers;

(d) insurers or insurance providers where relevant;

(e) fraud-prevention or credit-reference organisations where appropriate;

(f) Police, Fire Service, courts, regulators or other competent authorities; and

(g) prospective purchasers or advisers where Channel Storage Ltd sells or reorganises all or part of its business.

Personal information will only be shared where there is an appropriate lawful basis for doing so.

Further details about how South East Storage collects, uses, retains and protects personal information are contained in the South East Storage Privacy Policy available through the South East Storage website.

Individuals may have rights under data-protection law, including the right to request access to personal information held about them.

Requests may be made using the email or postal address shown at the beginning of this Agreement.

South East Storage will not normally charge a fee for responding to a subject access request. A reasonable administrative fee may only be charged where permitted by applicable data-protection law, including where a request is manifestly unfounded or excessive or where further copies of information are requested.

32.

South East Storage may send Customer communications necessary for administering this Agreement, including messages concerning:

(a) payments;

(b) account status;

(d) safety and security;

(e) changes to services or Terms; and

(f) termination or default.

These are service communications and may be sent regardless of whether Customer has agreed to receive marketing.

Where Customer has consented, or another lawful basis permits it, South East Storage may also use Customer's information to send information about products, services or offers.

Customer may opt out of marketing communications at any time without affecting essential contractual or service communications.

NOTICE

33.

Notices given by South East Storage or Customer under this Agreement must be in writing and may be delivered:

(a) by email;

(b) by hand;

(d) by pre-paid post.

Notices shall normally be treated as received:

(a) at the time of delivery by hand;

(b) one hour after sending by email or SMS, provided no delivery-failure notification is received; or

Any Notice from Customer must be sent to Channel Storage Ltd trading as South East Storage using the email or correspondence address shown at the beginning of this Agreement.

It is not necessary for a Notice relating to Ross Way Storage or Seaview Storage to be separately delivered to that particular Site unless South East Storage specifically requests this.

Customer should identify the relevant Site and Unit or booking reference when giving Notice.

Where there is more than one Customer, Notice given to or by one Customer will be sufficient for the purposes of this Agreement.

TERMINATION

34.

Customer may give Notice to terminate this Agreement at any time.

However, subject to statutory cancellation rights which apply, Customer's contractual Termination Date cannot be earlier than the later of:

(a) the date on which the minimum initial storage period of one full monthly storage period from the Move-In Date ends; or

(b) 30 days after South East Storage receives Customer's written Notice of termination.

Customer may therefore give 30 days' Notice before or during the minimum initial storage period, but giving Notice does not remove Customer's obligation to pay for the minimum initial storage period.

Giving contractual Notice before the Move-In Date does not itself cancel the minimum one-month commitment. This is subject to any statutory cancellation right which Customer is entitled to exercise under Conditions 2F to 2H.

South East Storage may terminate this Agreement by giving Customer the applicable Notice.

In the event of illegal or environmentally harmful activities by Customer or a material breach of this Agreement which is capable of remedy but which Customer has failed to remedy within 14 days after South East Storage gives Notice requiring Customer to do so, South East Storage may terminate the Agreement immediately.

Customer must remove all Goods from the Unit before close of business on the Termination Date and leave the Unit in a reasonably clean condition and good state of repair.

Where Goods and/or refuse remain after the Termination Date, Conditions 5 and 18 may apply.

Customer must pay all outstanding Storage Fees and other sums properly due up to the Termination Date, failing which Conditions 4 to 8 may apply.

If South East Storage enters the Unit for an authorised reason and finds that there are no Goods stored in it, South East Storage may terminate the Agreement without prior Notice but will notify Customer within 7 days.

35.

Customer agrees to examine Goods carefully when removing them from the Unit and must notify South East Storage of any loss or damage as soon as reasonably possible after discovering it.

36.

Liability for outstanding money, property damage, personal injury, environmental damage and other legal responsibilities accrued under this Agreement continues after termination where applicable.

GENERAL

37.

South East Storage may vary the Storage Fee or other terms of this Agreement or introduce new terms provided Customer is notified in writing.

Modified terms will take effect on the first Due Date occurring not less than 28 days after the date of South East Storage's Notice.

Where a modification materially disadvantages Customer, Customer may terminate in accordance with Condition 34 before the change takes effect, subject to Customer's statutory rights.

Otherwise, continued use of the Unit after the effective date of the amended Terms will be treated as acceptance of those amended Terms.

38.

Customer acknowledges and agrees that:

(a) these Terms constitute the Agreement with Channel Storage Ltd together with Customer's booking confirmation and any additional terms expressly incorporated into it;

(b) Customer has had the opportunity to raise queries relevant to the decision to enter this Agreement before entering into it;

(d) if South East Storage does not exercise or enforce a right at a particular time, this does not prevent South East Storage subsequently exercising or enforcing that right unless the right is expressly waived in writing;

(e) unless expressly stated otherwise, no person other than Customer and Channel Storage Ltd has rights under this Agreement under the Contracts (Rights of Third Parties) Act 1999;

(f) if a court or competent authority decides that a provision of this Agreement is invalid, unlawful or unenforceable, that provision will be severed to the extent required and the remaining Terms will continue to apply;

(g) Customer may not assign or transfer rights under this Agreement or part with possession of the Unit without South East Storage's written consent;

(h) where Customer consists of two or more persons, each person is separately responsible for Customer's obligations under this Agreement;

(i) Channel Storage Ltd is the contracting Facility Owner regardless of whether the Unit is located at the Ross Way Storage or Seaview Storage Site;

(j) the use of the names Ross Way Storage or Seaview Storage does not create an Agreement with a separate legal entity; and

(k) references to South East Storage throughout this Agreement mean Channel Storage Ltd operating its storage business, including its Ross Way Storage and Seaview Storage Sites, where the context requires.

39.

This Agreement is governed by the laws of England and Wales.

The parties should endeavour to resolve disputes reasonably and may agree to attempt mediation before commencing court proceedings.

Nothing in this Condition prevents either party from seeking urgent legal relief or exercising any statutory right to commence proceedings.

MODEL CONSUMER CANCELLATION FORM

This form should only be used where you have a statutory right to cancel. You do not have to use this form and may instead send us any clear statement that you wish to cancel.

To:

Channel Storage Ltd
Unit 1 Ross Way Enterprise Centre
Ross Way
Folkestone
CT20 3UJ

Email: admin@rosswaystorage.co.uk

I/We hereby give notice that I/We cancel my/our contract for the provision of the following storage service:

Site: Ross Way Storage / Seaview Storage

Unit / booking reference: ______________________________

Date Agreement entered into: __________________________

Agreed Move-In Date: __________________________________

Name of Customer(s): __________________________________

Address of Customer(s): _______________________________

Signature of Customer(s), if submitted on paper:

Date: _________________________________________________

CUSTOMER ACKNOWLEDGEMENT

PLEASE READ THESE CONDITIONS CAREFULLY. BY ACCEPTING THESE TERMS AND CONDITIONS DURING THE BOOKING PROCESS YOU WILL BE BOUND BY THEM, SUBJECT TO YOUR STATUTORY RIGHTS.

I/we acknowledge that:

my/our Agreement is with Channel Storage Ltd;
Ross Way Storage and Seaview Storage are storage Sites operated by Channel Storage Ltd and are not separate contracting entities;
the Site and Unit covered by my/our Agreement are those identified in my/our booking confirmation;
the Agreement becomes binding when the booking is completed, these Terms are accepted and the reservation is confirmed;
my/our booking is subject to a minimum initial storage period of one full monthly storage period from the Move-In Date;
South East Storage does not provide a separate contractual free-cancellation period before the Move-In Date;
this does not remove statutory consumer cancellation rights which apply to me/us;
30 days' written Notice is required to terminate the ongoing storage Agreement;
the normal access hours for Ross Way Storage are 7:00am to 9:00pm, 7 days a week;
the normal access hours for Seaview Storage are 24 hours a day, 7 days a week;
if a payment remains overdue for more than 7 days, a £25 late-payment administration charge applies for each week that payment remains overdue, up to a maximum of four weekly charges in relation to that overdue payment; and
I/we consent to receiving necessary contractual and service correspondence by SMS, email, post and telephone.