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Lease Agreement

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THIS STORAGE AGREEMENT is entered into on {{Subscription date}}

BETWEEN

(1)  Affordable Downtown Storage LLC whose principal place of business is at 626 E Gillette St, COS, 80903.

(2) {{Client First Name}} {{Client Last Name}} whose principal place of business is at

{{Client address}} {{Client city}} {{Client zip code}} {{Client country}}.

WHEREAS

The Licensor shall grant and the Licensee shall use the Space for the Term of Licence (as defined below) with details as more particularly described in this agreement below and both parties agree to observe and perform the terms and conditions as follows:

1. License

1.1 The Licensor hereby grants to the Licensee permission to use such space allocated at 626 E Gillette St, 80903, for the purpose of storing Licensee’s goods and possession for a term of {{Term of the Item subscribed to}}, commencing on {{Invoice date}} and expiring on {{Term of the Item subscribed to}} after the {{Subscription date}}. The Space allocated in the Premises is described below:

SPACE_ALLOCATED

1.2. The Licensee shall not store or allow to be stores in the Space any of the following items:

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

(b) birds, fish, animals or any other living creatures;

(c)  combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents;

(d) firearms, explosives, weapons or ammunition;

(e)  chemicals, radioactive materials, biological agents;

(f)   toxic waste, asbestos or other materials of a potentially dangerous nature;

(g)  any item which does or could emit any fumes, smell or odor;

(h) any illegal substances, illegal items or goods illegally obtained;

(i)   compressed gasses; and/or

(j)   any bullion, coin, precious stones, jewelry, antiques or fine art unless specifically agreed with us in writing, in advance of storing such goods.

The Licensor may change the list of prohibited goods from time to time upon, save in the case of emergency, not less than seven days written notice to the Licensee.

2. License Fee

2.1 The Licence Fee is $125.00 for-8 feet tall 8 feet wide 20 feet long 8x8x20, on a monthly basis. Or a single parking space fee is 60.00 each, motorhomes require at least two spaces.

2.2 The Licensee shall make monthly payment in full, the Licence Fee is payable on the first day of each period beginning with the first payment on or before

{{Subscription date}}. Without prejudice to any other right or remedy of the Licensor hereunder the Licensee shall pay to the Licensor on demand daily interest at the rate of

two percent (2%) per annum over the best lending rate from time to time in JURISDICTION in respect of any of the payments not paid on the due date of such payment to the Licensor hereunder and such interest shall be payable from the date upon which such payment ought to have been paid up to the actual date of payment. If the Licence Fee has not been paid when due, the License can be terminated by the Licensor, who is not required to return the said deposit.

2.3 For the avoidance of doubt, the Licensee shall not be entitled to use the Premises until the Deposit and the initial Licence Fee has been paid in full.

3. Deposit

3.1 The deposit is 100.00 in total, payable within 1 business day after the signing of this License.

3.2 If Licensee terminates the License during the Term without any violations of this License by Licensor, Licensor is not required to return the said Deposit.

3.3 If Licensee breaches any part of this contract, Licensor has the right to retain part of or all of the Deposit as compensation, upon providing the actual evidence by Licensor.

3.4 If Clause 3.3 is brought into effect, and the said deposit is insufficient to cover Licensor’s costs, Licensee should pay the extra amount to Licensor within five working days of receipt of Licensor’s invoice notice.

3.5 Provided that there is no antecedent breach of any of the terms and conditions herein contained and the Licence will not be renewed, the Licensor shall refund the Deposit to the Licensee without interest within 30 days from the date of vacating the

Premises or settlement of any outstanding payment owed by the Licensee to the

Licensor.

4. Risk and Insurance

The Goods shall at all times be at Licensee’s sole risk, and must be covered by a suitable insurance policy

5.  Licensor’s Responsibilities:

5.1 To ensure the legality of the Space and its legal rights to license the use of the Space.

6. Licensee’s Responsibilities

The Licensee shall:

6.1 Promptly pay the license fee, deposit and other charges as set out in Clauses 3 and 4 of the Licence. Non-payment of these charges constitutes a breach of this License.

6.2 Use the Space for the purpose of storing the Goods

6.3 Keep the Space in a clean and tidy condition and not to commit any waste and to pay for any damage caused to the Space or to any other part of the Premises.

6.4 Not to allow anything to be done in the Space or on any other part of the Premises which may invalidate or increase the premium payable on the Licensor’s insurance policy for the time being of the Premises.

6.5 Not to allow any other person or persons or company or firm to occupy the Space save for any employee of the Licensee.

6.6 To indemnify the Licensor against all loss or damage caused as a result of the Licensees use of the Space.

6.7 Not to carry out any alterations to the fabric of the Space nor to affix anything to the walls or ceilings or the floor without the Licensor’s permission which can be withheld at the Licensor’s discretion.

6.8 Not to use the Space for any residential purposes or permit any person to sleep in the Space.

6.9 Not to use the Space for any immoral or illegal purpose.

6.10 Not to remove any of the Licensor’s fixtures or fittings whatsoever.

6.11 Upon vacating the Space to remove all the Licensees Goods, possessions and belongings failing which such items may be disposed of by the Licensor without notice to the Licensee.

6.12 To permit the Licensor to enter the Space at any time.

6.13 To indemnify the Licensor for any loss or damage to the Premises from negligent act or omission of Licensee or any officer, director, employee, guest, visitor, servant, contractor, agent, licensee or invitee of Licensee (each referred to hereinafter individually as an “Associate”). For the purpose of this License any act, default, neglect or omission of any Associate of the Licensee shall be deemed to be the act, default, neglect or omission of the Licensee. 

6A Lien

Notwithstanding any other remedy available to the Licensor, the Licensor shall have a lien over all Licensee’s Storage Goods in respect of any sums due to the Licensor by the Licensee. Notwithstanding that the Licensor shall have a lien over any Licensee’s Storage Goods, the Licensee shall continue to be liable for any and all charges arising pursuant to this Agreement until all sums due to the Licensor have been duly received by it. If the Licensor exercises its right of lien on the Licensee’s Storage Goods such lien is not discharged within 3 months, then the Licensor shall be irrevocably authorized to sell or otherwise dispose of all or any of the Storage Goods subject to the lien and apply the proceeds in or towards payment of the sums due to the Licensor, without notice being required to be given to the Licensee. The Licensee hereby irrevocably agrees that it will waive all its rights, claim remedy and relief, if any.

7. Termination of the License

7.1 This License may be determined by the Licensor if:

a)  The Licensee fails to make the Licence Fee or any other payment or under this License.

b)  A bankruptcy / insolvency petition shall be issued against the Licensee.

c)  The Licensee is in breach of any other provision of this license.

d)  The Licensor serves a written notice on the Licensee bringing this license to an end one month after service of such notice.

7.2       Upon termination, the Licensor shall have the right to terminate this License and without prejudice to further rights or remedies to deduct any outstanding payment from the Deposit made pursuant to clause 4, and the Licensor shall be entitled to evict the Licensee therefrom.

7.3       Licensee must return the keys to the Space to the Licensor and remove all Goods and any other items from the Space and leave the Space in the same condition as it was at the Commencement Date. If Licensee fail to do so: (a) Licensee will be liable for our reasonable costs of cleaning or repairing the Specified Space and/or disposing of any Goods or other items should this be necessary; and (b) any Goods or other items remaining following 3 days of termination of the Agreement will be treated as abandoned and Licensor may dispose of them as Licensor see fit with no liability to Licensee.

8. License not a Lease

This License is a mere personal right for the Licensee to occupy the Space for the purposes of this License and shall not be capable of being assigned shared or otherwise disposed of and the Licensee.

9. Miscellaneous

9.1 This License sets out the entire agreement and understanding between the parties with respect to the subject matter hereof. This License supersedes all previous agreements, arrangements and understandings between the parties with respect to the Premises, which shall cease to have any further force or effect.

9.2 If any provision of this License is held by any court or other competent authority to be void or unenforceable in whole or part, this License shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

9.3 Any waiver by either party of a breach of any provision of this License shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.

9.4 Licensor collects information about Licensee on signing of this agreement registration and whilst this Agreement continues, including personal data (Data). Licensor processes Data in accordance with the applicable General Data Protection Regulation and all associated laws.

9.5 The Deposit paid under this clause shall be absolutely forfeited to the Licensor as and for liquidated damages (but not as a penalty) and the rights and remedies given to the Licensor by this clause shall not prejudice any other right of action or any remedy of the Licensor in respect of such breach by the Licensee.

9.6 The Licensee agrees that all Goods, personal property kept or stored on the Premises shall be at the sole risk of the Licensee. The Licensee further agrees not to hold Licensor liable in any matter for/or on account of any loss or damage sustained by the action of any third party, fire, water, theft, or the elements or for loss of any articles from any cause, from said Premises or any other part of any associated buildings or common/public areas. Neither shall Licensor be liable for any injury to the Licensee, his or her family, guests, employees, or any person entering the Premises. The Licensee shall be responsible for getting its own insurance (including property and third party insurance) and shall have no claims against the Licensor for any property damages.

9.7 The Licensor does not warrant that the said premises are suitable for the said user and/or the operation of the trade or business of the Licensee and should any notice be served on the Licensor by any governmental authority prohibiting the user of the said premises for the trade or business for the time being carried on by the Licensee, the Licensor may in order to comply with any such notice determine this License at any time by giving one (1) month’s notice to the Licensee and on the expiration of such notice this License shall accordingly determine. In such an event, the Licensor shall not be liable to pay any compensation for the loss of goodwill or trade or damage of any kind to the Licensee.

9.8 In case of any written government notices being served on the

Licensor requiring the Licensor to demolish or reinstate the said premises or any part thereof so as to conform with the original building plan, if such alteration was made by the Licensor the costs of such demolition or construction works shall be borne by the Licensor. If such demolition or construction works shall result in any decrease or alteration in the total floor area of the said premises, the Licensee shall not rely on such decrease or alteration in area to annul or terminate this License nor shall any compensation be allowed or paid by the Licensor in respect thereof.

10. No Rights under Contracts for Third Parties

A person who is not a party to this License shall have no right under any law to enforce any of its terms.

11. Law and Jurisdiction

11.1 This document is governed by and is to be construed in accordance with the laws of Colorado applicable therein.

11.3 The parties shall use all reasonable endeavors to resolve any dispute amicably and in good faith. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Colorado (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.

12. Notices and service

12.1 Any notice so served by hand, e-mail or post shall be deemed to have been duly given:

a. in the case of delivery by hand, when delivered;

b. in the case of fax or electronic mail on a Business Day prior to 5.00 pm, at the time of receipt ;

c. in the case of prepaid recorded delivery, special delivery or registered post, at 10am on the second Business Day following the date of posting

provided that in each case where delivery by hand or by e-mail occurs after 5pm on a Business Day or on a day which is not a Business Day, service shall be deemed to occur at 9am on the next following Business Day. References to time in this clause are to local time in the country of the addressee.

12.2 The addresses of the parties for the purpose of clause 12.1 are as follows:

Licensor

Affordable Downtown Storage LLC

Address: 626 E Gillette St, Colorado Springs, Colorado, 80903

United States of America

 E-mail: affordabledowntownstorage@gmail.com

Phone 719-661-1611

Licensee

Name: {{Client Full Name}} .

Address: {{Client address}}, {{Client city}} {{Client zip code}} {{Client state}} United States of America

 E-mail: {{Client Email}}

Phone: {{Client phone number}}

As witness this License has been agreed upon by the duly authorized representatives of the Parties the day and year first before written.

Agreed upon by Affordable Downtown Storage LLC

Agreed upon by  {{Client Full Name}} for and on {{Subscription date}}

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