1. Parties to the Agreement
This Agreement is made between XtraSpace SpaceBox (Pty) Limited, a company registered in South Africa with registered office at 1 Chadwick Avenue, Wynberg, Gauteng (“SpaceBox”, “we”, “us” or “our”) and you, the customer (“customer”, “you” or “your”) who wishes to use our Services.
In these Terms of Service, the following words have the following meaning: “Services” means all or any of the services and products we may offer at any time.
“Delivery” or “Deliveries” means any empty box drop-offs, packed box pickups, follow-up pickups, delivery of packed box, and empty box collection trips.
“Boxes” means the storage boxes supplied by SpaceBox in which the goods are packed. “Goods” or “Items” means the items entrusted to be stored by us including those which are packed into boxes and those which are not.
“Website” means our website at www.SpaceBox.co.za or any other website under which we provide and advertise our services or subsequent URL which may replace it.
3. Registration and Accounts
3.2 Upon registration, you will choose a username and password (login information). You are responsible to keep your login information confidential and to take all reasonable steps to ensure nobody other than yourself can access your account and the Services. You agree that any person in possession of your login information is authorized to act as your representative for using our services and website. You are responsible for all the activities that occur under your account.
3.3 You shall promptly notify SpaceBox in writing if you become aware or suspect that your login information has become known to someone else.
3.4 You must not sub-license or re-sell any of the services to a third party nor represent us in any way for any reason whatsoever without our prior written consent.
4. Storage of Goods
4.1 You warrant that throughout the duration of this Agreement all goods that are entrusted to us are and shall remain your property or that you have the consent and authority of the owner of the Goods to use our Services in accordance with this Agreement.
4.2 All SpaceBox Boxes remain the property of SpaceBox.
4.3 Goods stored with us must not exceed 25Kg per box or per item. You are responsible to carefully pack all goods and protect them with protective wrapping or padding if required. Goods stored in SpaceBox Boxes must be sealed with the SpaceBox tamper-proof zip tie provided to you upon delivery of the empty Boxes.
4.4 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); flammables, firearms, weapons or explosives of any kind; chemicals, drugs, hazardous or toxic materials of any kind; items which emit any kind of odour or fumes; compressed gases.
4.5 We or anyone acting on our behalf, may at any time without notifying you, open your storage boxes or items to inspect your goods:
4.5.1 If we reasonably believe that they may contain any goods described in Clause 4.4;
4.5.2 If we are required to do so by the police, customs, fire services, state authority or court order; or
4.5.3 If we are of the opinion that persons or property are at risk of injury or damage; or
4.5.4 Any other circumstances at the discretion of SpaceBox management.
4.6 Any costs or losses incurred by us associated with any of the processes described in Clause 5 shall be borne by you.
4.7 SpaceBox may refuse to store any goods or may return to you any goods, at your cost, at any time, if we reasonably believe that the storage or continued storage of such goods would represent a risk to the safety of any person, the security of the storage facilities, or any other goods stored at the storage facilities.
4.8 For safety and security reasons, access to our storage facilities or those of any of our sub-contractors or agents shall be strictly prohibited.
5. Deliveries and Collections
5.1 You are required to ensure that SpaceBox or its carrier have reasonable access and parking facilities to your premises in order for us to carry out the deliveries to you.
5.2 You shall ensure that the goods have been securely packed into boxes or are otherwise suitably prepared for transport so as not to cause damage to your goods or injury or the likelihood of damage or injury to SpaceBox’s property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage, escape of fumes or substances or otherwise.
5.3 When requesting a delivery, you are required to, in writing, make an appointment 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 and/or goods at the scheduled time-slot. You should notify SpaceBox, in writing, of any changes regarding your orders twenty-four hours (24 hrs) before the delivery.
5.4 Any rescheduling and cancellation of appointment made after the day before your appointment and up to 1 hour before your appointment will be subject to a charge of R150.
5.5 If a person fails to show up at the delivery appointment, it will be considered a failed delivery and be subject to a charge of R150.
5.6 We shall not be held liable for any cancellations or deliveries, including but not limited to misallocation of our delivery resources, schedule conflicts, any adverse weather conditions, bad weather warnings, traffic conditions, any event within or outside our control, or as a result of force majeure (subject to further terms and stipulations as listed in Clause 14).
5.7 We may refuse to collect any goods or boxes that do not comply with the terms stipulated in Clause 4 at our discretion. If this results in a failed delivery, you will be liable for a failed delivery charge of R150.
5.8 Goods and boxes are provided to you for packing and your goods are entrusted to be stored by us only. It is your responsibility to schedule, in writing, a pick-up appointment of the boxes within 14 days from the date of initial drop-off appointment you made. When we come to pick up boxes from you, you must return to us all the boxes that we previously delivered to you.
5.9 If you hold onto the empty storage boxes, we will charge you as if the boxes were stored with us in SpaceBox’s storage facilities from the day it was delivered to you.
5.10 In the event that any boxes are missing, and we are not at fault, we will charge you R575.00 incl. VAT per box.
5.11 If the waiting time is more than 20 minutes for any boxes and items collection trip, we reserve the right to reschedule for another collection trip and charge you R150 for the failed collection trip.
5.12 If you wish to keep empty boxes for yourself, we'll charge you R575.00 incl. VAT per box.
5.13 If you return unused empty boxes to us upon scheduled packed box pickup trip and end up not storing any item or boxes with us, we will charge you R150 cancellation fee.
You may not:
6.1 use the services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
6.2 sub-license or re-sell any of the services to a third party nor represent us in any way for any reason whatsoever without our prior written consent;
6.3 attempt to interfere with or disrupt the services or the website or any server or network used by or connected to the website or to gain unauthorized access to any such server or network.
7. Payments and Charges
7.1 All applicable charges are those specified on the website at the time of booking or as specified in this Agreement.
7.2 All applicable charges are subject to change at our discretion and will take immediate effect after publication on our website.
7.3 We may require you to enter your credit/debit card information in order to make use of our services. This may be used to invoice all future charges automatically.
7.4 We accept payments by debit order and EFT.
7.5 Charges for first month’s storage will be invoiced on the start of the billing cycle. The start of the billing cycle shall be the date of box delivery.
7.6 Charges for subsequent months’ storage will be invoiced monthly in advance at the beginning of each billing cycle.
7.7 Charges for returning the goods to you will be invoiced in full on the date of your scheduled delivery.
7.8 The current amount of the charges (which will be invoiced immediately when a new order for a box gets picked up for delivery) is as per the website charges displayed.
7.8.1 The amounts include Value Added Tax and are subject to change at our discretion and will take immediate effect after publication on our website.
7.9 SpaceBox may charge a monthly penalty of R150 (Late Payment Charge) in the event of outstanding rental due to us for the storage of your boxes and or items.
7.10 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 a 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 you authorize us access to inspect the goods.
7.11 We reserve the right to, if you fail to pay any amount due to us in terms of this agreement, cancel the agreement without giving notice and issue summons against you for the amount due as well as legal costs as between attorney and client and interest. We shall be entitled to obtain a civil judgment against you whereupon you will be blacklisted with the Credit Bureau and, once judgment has been obtained, the sheriff of the court will sell the goods by public auction.
7.12. For the purpose of this agreement, including the giving of notice and the serving of legal process, the parties respectfully choose as their address for service of legal documents (domicilium citandi et executandi) the addresses which appear on page 1 of this agreement.
7.13. Any party may at any time by notice in writing to the other, change that party’s address. Any notice to be given in terms of this agreement will be delivered by hand or sent by pre-paid registered post to the address chosen by the party concerned alternatively sent by electronic mail to the addresses as it appears on page 1 of this agreement. Such notices shall be deemed to have been received on the date of delivery.
7.14. Billing is month-to-month from the day we deliver empty SpaceBoxes or collection of your own items.
7.15. We do not charge pro-rata.
7.16. No refund or credit will be passed on rental for retrievals after your billing cycle.
Acquisition of pledged property
7.17. If you commit a breach of any of its obligations set out herein or if SpaceBox becomes entitled to claim payment from you in respect of any of the obligations in terms of this agreement, SpaceBox shall be entitled to:
7.18. Cause all or any of the goods stored to be sold either by public auction or private treaty, as SpaceBox in its sole and absolute discretion deems fit; or
7.19. Acquire all or any of the stored goods (without prejudice to the rights of SpaceBox to purchase such property at any such sale by public auction) at a price equal to the fair value thereof which, in the absence of agreement shall be determined by the auditor of SpaceBox acting as experts and not as arbitrators, and their decision shall be final and binding on you and/or
7.20. Convey valid title in the stored goods to any purchaser thereof (including SpaceBox).
SpaceBox may, in its absolute discretion, apply the net proceeds of such sale or the purchase price payable by SpaceBox, as the case may be, after deducting therefrom all costs and expenses incurred in or about the realization of the stored goods and the exercise by SpaceBox of its rights in reduction or discharge, as the case may be, of your indebtedness to SpaceBox. Without prejudice to such other rights as SpaceBox may have at law, the residue (if any) remaining after the net proceeds of such sale or purchase price payable have been applied as aforesaid shall be paid to the order of the person legally entitled thereto.
7.21. If SpaceBox becomes entitled for any reason to exercise its rights set out above, you hereby irrevocably and in rem suam nominates, constitutes and appoints SpaceBox as your attorney and agent in your name, place and stead to sign and execute all such documents and to do all such things as it in its sole and absolute discretion may consider necessary, requisite or desirable to give effect to this pledge.
8.1 You, the customer, undertakes to ensure that the goods and/or items are properly and comprehensively insured at all times against any loss of whatsoever nature, including, but not limited to any damage or loss from burglary, theft, robbery, breakage, fire, storm, flood, earthquake, tempest, riots, labour strikes, civil commotion and to cover public liability of any kind, by an insurance company of proper repute.
8.2 The abovementioned insurance shall include any loss to you, the customer, may suffer as a result of the loading and offloading and the transportation of the goods and/or items.
9. Limitation of Liability
9.1 We shall not in any event be held liable or responsible for any damage or loss to the goods. Further, for the avoidance of doubt, we shall not be held liable for the damage even in the case that the security fastener is broken and in the event goods are not packed and or wrapped correctly.
9.2 You acknowledge that we are not aware of the value of the goods stored with us.
9.3 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.
9.4 We shall not be liable for any claim of whatsoever nature (whether in contract or in delict) and whether for damages or otherwise, howsoever arising, including but without limiting the generality of the aforesaid:
9.4.1 Any act or omission of SpaceBox or agents of SpaceBox: and/or
9.4.2 Any loss, damage or expense arising from or in any way connected with any circumstances, cause or event beyond the reasonable control of SpaceBox including but without limiting the generality of the aforesaid, strike, lockout, stoppage or restraint of labour; and/or
9.4.2 Damage or injury suffered by you, the customer or any person whatsoever arising out of any cause whatsoever as a result of SpaceBox’s execution or attempted execution of its obligations to you;
9.4.3 Notwithstanding anything to the contrary herein, SpaceBox shall not be liable for any loss or damage for any act perpetrated by its agents, servants, nominees, whether negligent or otherwise;
9.4.4 The risk of loss in and to the goods and/or items remain with you and SpaceBox shall not accept any liability for any loss or damage to the contents of the box and SpaceBox shall not accept any liability for any loss or damage to the contents of the box under any circumstances.
9.5 It is your responsibility to ensure that goods are properly and carefully packed with enough protection as would be reasonably required for storage. We shall not be held liable for any loss, miss-delivery of and damage to any items as a result of insufficient or improper packing or protection; any deterioration of goods which may happen over time; fragility of items that you have decided to store; any defects of goods or any forfeiture or seizure of goods for legal reasons.
10.1 You may terminate this Agreement at any time by requesting, in writing, the return of your goods stored in storage boxes and settling any outstanding charges due to us immediately.
10.2 SpaceBox may terminate this Agreement for any reason by giving you not less than 30 days written notice. In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
10.3 We may terminate this Agreement at any time and with immediate effect by providing written notice to you, if:
10.3.1 You fail to pay any amount due by the due date; or
10.3.2 You are in breach of any terms of this Agreement.
10.4 Upon termination you must ensure that you contact us, in writing, to arrange the return of your goods at your cost and such return must be arranged within 15 days from the date of notification. If, for any reason, within 15 days following the termination of this Agreement, you have not arranged the return of your items we may dispose of them.
11. Intellectual Property Rights
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.
12.1 We only use your personal information submitted to us by you in terms of this agreement. We only collect information that we need that is related to your order. This includes your billing address, shipping address, e-mail address, credit card information and, in addition, we also collect information on your IP address, browser type, and Refer URL. data. We use this data to prevent hacking attempts, help us know what web browsers people are using, and establish where our visitors are coming from so that we can improve our marketing. Your information is only used to process your order and we do not sell or redistribute your information to anyone.
12.2 We shall treat your information as private and confidential and shall safeguard it as it would be our own. You, on the other hand, shall not for your own benefit, or for the benefit of any third party whatsoever, use, disclose, exploit, copy, publish, reverse engineer, or permit the use of, or in any other manner whatsoever apply our confidential information disclosed in writing, orally, graphically, electronically or by any other means to any other party without our written consent.
12.3 Any documentation, data or records relating to us in terms of this agreement which comes into your possession shall be deemed to form part of our documentation and confidential information and shall not be copied, reproduced, published or circulated by you unless agreed to in writing by us.
12.4 We may use location-based services in order to perform the services as efficiently and quickly as possible. You consent to our use of location-based services by accepting the terms in this Agreement.
13. Disclosure of personal information:
13.1 You understand that the personal information given in this agreement is to be used by SpaceBox for the purposes of assessing your credit worthiness. You confirm that the information given by you in this agreement and otherwise is accurate and complete. You further agree to update the information supplied, as and when necessary, in order to ensure the accuracy of the above information, failing which SpaceBox will not be liable for any inaccuracies.
13.2 SpaceBox has your consent at all times to contact and request information from any persons, credit bureaus, or businesses, including those mentioned in the agreement or otherwise and to obtain any information relevant your credit assessment.
13.3 You agree and understand that information given in confidence to SpaceBox by a third party on you will not be disclosed to you.
13.4 You hereby consent to and authorise SpaceBox at all times to furnish credit information concerning your dealings with SpaceBox to a credit bureau and to any third party seeking a trade reference regarding your dealings with SpaceBox
13.5 You hereby consent and voluntarily authorise SpaceBox to process your personal information.
13.6 Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use dissemination by means of transmission, distribution or making available in any other form, merging, linking as well as blocking, degradation, erasure or destruction of information.
14. Sub-contracting and Assignment
14.1 SpaceBox 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 without your consent.
14.2 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.
14.3 This Agreement shall be binding on your representatives and successors.
15. Force Majeure and Bad Weather
15.1 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.
15.2 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, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances.
15.3 In the event of a Force Majeure, we will attempt to contact you as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.
You agree to indemnify, defend and hold us, our employees, agents, suppliers and directors harmless, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. 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.
17.1 For the purposes of this agreement, including the giving of notice and the serving of legal processes, the parties respectfully choose as their address for service of legal documents (domicilium citandti et executandi) as follows:
01 Chadwick Aveue, Wynberg, Johannesburg, 2146
Postal address: P O Box 74, Randpark Ridge, 2156
Toll Free: 0861 77 22 32 / Tel: 011 052 7604
17.2 A notice to be given in terms of this agreement shall be delivered by hand or sent by prepaid registered post or by electronic mail or by telefax to the address chosen by the party concerned. Such notice shall be deemed to have been received on the date of delivery.
17.3 A data message:
17.3.1 Used in the conclusion or performance of this agreement must be regarded as having been sent by the originator when it enters an information system outside the control of the originator or, if the originator and addressee are in the same information systems, when it is capable of being retrieved by the addressee;
17.3.2 Must be regarded as having been received by the addressee when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee; and
17.3.3 Must be regarded as having been sent from the originator’s usual place of business or residence and as having been received at the addressee’s usual place of business or residence.
18.1 SpaceBox provides the website on an “as is” and “as available” basis with all faults. SpaceBox does not warrant that use of the website will be error-free or uninterrupted or that any defects will be corrected.
18.2 Substantially as described in this Agreement. SpaceBox does not make any other promises or warranties about the services.
19. 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 South Africa.
20.2 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 services from us. The latest version of this Agreement will always be accessible at www.SpaceBox.co.za. 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 10.
20.3 The failure by you or SpaceBox to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
20.4 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.
20.5 In any event, all provisions of this Agreement that by their nature could reasonably survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination. In the event you use the website or services again, the provisions of the terms and conditions that then apply will govern your re-use of the website or services. In the event you use services bought under this Agreement, then those provisions applicable to services will survive termination of this Agreement.
20.6 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.
20.7 We always welcome your feedback which can be sent to us by email info@SpaceBox.co.za. Where you supply any feedback, you agree and acknowledge that SpaceBox shall have no confidentiality obligations to such feedback or suggestions and that it may be incorporated into our Website or Services.
21. Terms and Conditions
21.2 The parties agree that the persons signing this agreement warrant their authority to do so including the fact that it is their signatures appended to this document including that of their witnesses who are signing the document in their presence and that the onus of disproving the authenticity of the signature lies on the party alleging that the signature which appears on the agreement does not belong to either SpaceBox alternatively the customer.
21.3. The parties agree that this agreement shall be signed by the parties, in the presence of two witnesses, by affixing a manuscript signature on the document (including the witnesses to the party signing the agreement) and thereafter forwarding the signed document by electronic mail in Portable Document Format (PDF) to the other party and shall the other party be obliged to acknowledge receipt of such document where after it shall be deemed that a valid agreement, duly signed by the parties, has come in to operation between the parties.