TERMS OF SERVICE
Effective May 1, 2016
Thank you for using SquirrelBox. Our goal is to make storage as stress free as possible. In order to accomplish this, there are some ground rules we have to cover. This document is intended to set out the terms and conditions (the “Terms”) that govern all use of www.squirrelboxstorage.com and SquirrelBox services.
Please read this agreement carefully as both you and SquirrelBox are bound by the terms of this Agreement. Our Storage and Online Services are available to you only if you accept all policies comprised in this Agreement.
Here are some quick definitions before we start to make things easier:
- 2. “User” – The User,” “You,” and “Your” refer to the individual person that has visited or is using the Website and/or Service and is entering into this Agreement with us. A User may also be a “Subscriber:” a User who subscribes to and participates in SquirrelBox’s services.
- 3. “Storage Service” – The “Storage Service” refers to the pickup, transport, storage, and delivery services provided by SquirrelBox.
- 4. The “Online Service” refers to the applications, software, products, and services provided by SquirrelBox.
- 5. “Box” – By “Box” we mean any individual box or bin or oversized item that we are storing for you
- 6. “Your things” – When we talk about “Your Things” we are referring to all of the items you have stored with SquirrelBox
- 7. “SquirrelBox” refers to all services provided by SquirrelBox LLC including storage, pickup, delivery, website activity, etc.
Schedule Of Monthly Charges
You will be charged the following fees:
- Monthly Rent per Box: $7.00
- Monthly Rent per large item: $15.00
- There is a 3 month minimum charge.
- New Account Administration Fee: FREE
- Empty Box drop off and packed bin pickup fee: FREE
- Delivery charge fee: $20.00 (You get one free delivery credit every 3 months of storage)
- Unreturned Box Purchase fee (per Box): $25.00
- Empty Bin Pick Up Fee – After the initial bin drop off, if you decide to cancel your storage with us we charge a $20 fee to pick up the unused bins.
Delinquency & Lien charges and penalties:
- One-time delinquent account admin fee (levied on 14th day past due): $10.00
- Monthly delinquent account admin fee (levied from 30th day past due onward): $10.00
- No show at delivery or pickup appointment: $30.00
- Lien Fee 1 (after 31 Days) (Whether or not Sale Occurs): $25.00
- Lien Fee 2 (after 60 Days) (Whether or not Sale Occurs): $50.00
- Lien Sale/Auction Administration Fee: $100.00
Important Legal Notice: The monthly occupancy charge and other charges stated in this Agreement are the actual charges you must pay.
Term and Rent
The period of time that this Agreement is in effect is called the “term.” The term begins when you sign or accept this Agreement and will continue on a month-to-month basis with a 3 month minimum until terminated.
You shall pay rent monthly to SquirrelBox. There is a 3 month minimum term. Monthly rent must be paid in advance on the first day we pick up Your Things, and monthly thereafter, or you’ll be subject to a late charge. Monthly rent must be paid in full, without any deductions, without prior notice or prompting from us (i.e. SquirrelBox is not required to send you an invoice or a billing statement). The monthly rent amount you must pay is the sum of the full amounts set out in the Schedule of Monthly Charges that apply to Your Things, plus any applicable sales and other taxes imposed by any taxing authority. A breakdown of monthly fees and charges are available to you via email. If you store your items for less than 3 months, you will be charged for 3 months of service.
Your monthly “Billing Cycle” begins the day we pickup your items or 7 days after you sign up on the website or via customer support, whichever comes first. This will also be your anniversary date.
There is no pro-rating your monthly charges.
The rent for any storage is non-refundable. This means that under no circumstance will you be entitled to a refund of the rent.
When you remove any Box partway through a Billing Cycle, you will no longer be charged monthly rent for that Box from the next Billing Cycle onward. Please note that you will not receive a credit or partial refund of prepaid monthly rent when removing a Box part way through that Billing Cycle.
The monthly rent, amounts and type of other fees and/or charges, as well as any other term of this Agreement, may be adjusted by SquirrelBox effective the month following notice by SquirrelBox to you specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.
You are required to make all rental payments and other payments in a timely manner. Rent is due on or before the first day of your Billing Cycle, according to this Agreement. If you end up late on your payments, we may accept a partial payment of the rent or other outstanding fee. However, our acceptance of a partial payment does not mean you are not in default nor does it stop us from pursuing our remedies discussed in this Agreement. A partial payment will not release your Boxes from any failure to pay (“default”) under this Agreement. You will not be able to access your Boxes when you are in default.
It is your responsibility to be home to receive Your Things when you request SquirrelBox to return some or all of Your Things to you. Fees for late delivery appointment cancellations and no shows are defined above.
Compliance With Laws
You are responsible for complying with local, state, and federal laws, rules, and regulations regarding storage of items, as well as all SquirrelBox policies. You represent and warrant that: (i) you have the authority to, and are of legal age to, bind yourself to this Agreement; (ii) your use of the Storage Service will be solely for purposes that are permitted by this Agreement; and (iii) your use of the Storage Service will comply with all local, state and federal laws, rules, and regulations, and with all other SquirrelBox policies.
Absent a court order or binding arbitration ruling, SquirrelBox will not release any of Your Things to someone else that claims they own it. However, SquirrelBox will not “take sides” in a property dispute. If anyone approaches SquirrelBox directly with a claim that they are the true owner of some or all of Your Things, we will provide them with a form to fill out under penalty of perjury that sets out their claim. As part submitting that form, the person claiming ownership of some or all of Your Things must agree to indemnify SquirrelBox and you for all costs that result from their claim if it is wrong, and they must agree to offer you the option to arbitrate (without SquirrelBox as a party) to resolve the claim, with the loser to pay the winner’s attorney’s fees and costs.
If they agree to these terms, we will provide you a copy of their summary of their claim, along with a form for you to respond to dispute their claims. If you dispute the claims, SquirrelBox will take no further action — the matter is yours to resolve (although you will now have the option of a loser-pays arbitration). You have 30 days to dispute the claim of ownership. If you do not respond, we will return the disputed property to you, and notify the person claiming ownership that we have done so. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property. You also agree that you will not be entitled to any pro-rata refund of monthly rent, and that the three-month rental minimum will still apply.
Paying For Your Boxes
SquirrelBox, or another company that we rely on, will save your credit card or debit card information and will use it for any future charges. If you want us to stop billing that card, you need to notify us via email or phone call by providing us with details of a replacement card. We currently only accept the following payment methods for all one-time and recurring charges: American Express, Visa, MasterCard, and Discover. However, we reserve the right to require payment by cash, bank check, or certified check should your account balance go past due. If we are unable to bill your card, we’ll send you a notice and try again in a few days. Late fees will be charged as soon as the event of late payment or delinquency occurs or as otherwise explained in the pricing and fee table at the start of these Terms. In the event there is an erroneous charge back on a payment you make with your credit or debit card, we will charge you a fee of $35.
Packing Your Box
A SquirrelBox team member cannot pack your box. You are responsible to safely and securely pack your items into each Box. This includes packing your items so that they will not be damaged during transit and storage. You understand that the Box will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up a Box, you represent and warrant that the Box has been packed appropriately. You agree that SquirrelBox is not responsible for any damage caused by or arising from your failure to properly pack the Box. In addition, we reserve the right to refuse any Box that we reasonably believe weighs over 60lbs, exclusive of the actual weight of the Box.
Right To Enter And Inspect Your Things
SquirrelBox does not intend on accessing any of your Boxes after they are sealed. However, SquirrelBox reserves the right to open and inspect any Box in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should SquirrelBox receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant Box(es), allow your Box(es) to be searched, and, if applicable, the contents to be seized. Should SquirrelBox receive a subpoena, or a law officer or governmental agency requests documents or information about Your Things, you agree that we may provide such information or documents without incurring liability to you.
Canceling Your Account
You can terminate your account at any time by your account settings page or by contacting SquirrelBox support. You must arrange for and pay the costs (as set out in this Agreement) of getting Your Things back to you. You must continue to pay us your full storage charge each month until all of Your Things have been returned to you.
Changes To Our Policies
You may not store in any Box:
- 1. Living things;
- 2. Firearms;
- 3. Explosives;
- 4. Flammables of any kind (gas, diesel, kerosene, oil, paint, etc.);
- 5. Drugs or drug paraphernalia;
- 6. Food or other perishable good;
- 7. Glass or any liquid items;
- 8. Stolen items or counterfeit goods;
- 9. Illegal items;
- 10. Hazardous items of any kind;
- 11. Hazardous or toxic waste material of any kind;
- 12. Items that produce odors of any kind; or
- 13. Any item which does (or may) detrimentally affect anything that is outside of your box (such as the boxes of other users, the storage facility, etc.).
- 14. Personal property which would result in the violation of any law or regulation of any governmental authority
Do not store official documents or items containing personally identifiable information in a Box. To the fullest extent permitted by law, you waive all rights and claims against SquirrelBox arising in any way from storing these things with Your Things. In addition, you should not store fragile items in a Box. By executing this Agreement, you understand and agree that if you go ahead and store fragile items in a Box, you waive all rights and claims against SquirrelBox should your fragile items get damaged or break.
Temperature & Climate Control
We will use commercially reasonable efforts to maintain the temperature of the facility in which your Boxes are stored between 55°F and 85°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 SquirrelBox 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 SquirrelBox for any damage arising from environmental conditions.
Default; Denial Of Access
If you fail to pay rent or other fees on time, it means you are in “default” under this Agreement. You may (at our sole discretion) be denied access to the Box if you fail to pay rent by the due date.
SquirrelBox’s Lien; Default
SquirrelBox HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN THE BOX FOR OUTSTANDING RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION AS PERMITTED BY COLORADO LAW. SquirrelBox MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE BOX AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. SquirrelBox WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.
Value Of Your Property
You represent and warrant that each Box rented by you contains property with a total value of $250 or less, with an aggregate limit comprising of all of Your Things of $2,000 (the “Aggregate Limit”). In the event of any loss, damage, or destruction of Subscriber Property caused by SquirrelBox’s breach of any obligation to Subscriber, SquirrelBox’s liability will be limited to direct damages in the amount of the cost (fair market value) of the Subscriber Property, up to U.S. $250 per Box or U.S. $2,000 for Your Things.
We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of SquirrelBox’s liability (or when SquirrelBox is not liable) is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in SquirrelBox, and if you do not do so, you understand that SquirrelBox will not be liable beyond the amounts and conditions in these Terms.
Limitation Of SquirrelBox’s Liability; Indemnity
To the fullest extent permitted by law, SquirrelBox and its agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause, including without limitation, SquirrelBox’s and/or its agent’s active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by SquirrelBox’s fault. Further, SquirrelBox will have no liability to you for damages caused by an act of god, including a hurricane.
To the fullest extent permitted by law, you shall indemnify and hold SquirrelBox and its agents harmless from and against all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with Your Things and your use of SquirrelBox, including, without limitation, as a result of any of Your breach of Your obligations pursuant to this Agreement.
Waiver Of Subrogation
Any insurance carried by you or us is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.
Change Of Address
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.
All content included on SquirrelBox (and the software that runs it) is the property of SquirrelBox or SquirrelBox’s licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content. We own or license all content on our website including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not use (in any fashion, where use is interpreted as broadly as possible) content on SquirrelBox without the express prior written consent of the respective owners.
We grant you a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view content on SquirrelBox for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
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.
- 1. 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.
- 2. If we determine that your activity poses a threat to SquirrelBox, we may terminate your account without written notice to you.
- 3. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The failure by you or SquirrelBox to exercise any right under the Terms shall not form the basis for a waiver of that right.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder shall otherwise remain in full force and effect and enforceable.
Your rights under our Policies are not assignable, transferable or sub licensable without SquirrelBox’s prior written consent. SquirrelBox may transfer, assign or delegate its rights and obligations under our Terms without your consent.
This Agreement shall be governed and construed in accordance with the laws of the state of Colorado. You consent to the exclusive jurisdiction of the state or federal courts located in Denver, Colorado for any dispute arising out of this Agreement. You waive any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude you or SquirrelBox from bringing an action to enforce any judgment or judicial order in any other jurisdiction.
Any good faith dispute or controversy arising under or in connection with this Agreement, including any claims or controversies which could be brought under any federal, state or local law which governs SquirrelBox, shall be settled by binding arbitration, the cost of which will be shared equally between SquirrelBox and you. The prevailing party in any dispute will be entitled to recover from the losing party its costs (including costs of collection, reasonable attorneys’ fees, and investigative fees). Any such arbitration proceeding shall be conducted by final and binding arbitration before a panel of one (1) arbitrator in accordance with the rules of and under the administration of the AAA , such arbitration hearing shall be held in Denver, Colorado or in any other location mutually agreed upon by you and SquirrelBox.
Disclaimer Of Warranties
We provide our service as is, and we make no promises or guarantees about this service.
- 1. SquirrelBox warrants that the Storage Service will be provided in a professional and workmanlike manner by personnel trained with respect to that Service. Except as provided in this section, SquirrelBox makes no representations or warranties of any kind. SquirrelBox expressly disclaims all warranties, whether express, implied or statutory, regarding the Storage Service including without limitation any warranty of merchantability or fitness for a particular purpose.
- 2. Without limiting the foregoing, neither SquirrelBox nor its suppliers and licensors make any warranty or representation that the information they provide or that is provided through the Online Service is accurate, reliable or correct; that the Online Service will meet your requirements; that the Online Service will be available at any particular time or location; that the Online Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Online Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Online Service.
- 3. SquirrelBox hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Unit and the Facility, including any warranties of merchantability or fitness for a particular use or purpose. You hereby acknowledge and agree that SquirrelBox does not represent or guarantee the safety or security of the Unit or the Facility or of any property stored therein and this Agreement does not create any contractual duty for SquirrelBox to create or maintain such safety or security. You further acknowledge and understands that SquirrelBox makes no assurances or guarantees regarding the time of pick-up or delivery of any Unit. SquirrelBox does not make any representations or warranties that any Fuel Subsidy Charge (if applicable) or any other similar charge charged to You equals its excess fuel costs or that it will not profit from such charge.
- 4. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
Rules And Regulations
SquirrelBox’s Storage Rules set forth below are made a part of this Agreement and you shall comply at all times with such rules. SquirrelBox has the right from time to time to change the rules.
Student Storage at The University of Denver
The customer “consumer-bailor” and SquirrelBox LLC “the company” agree to the following terms and conditions:
- OWNERSHIP OF PROPERTY:
The consumer-bailor has represented and warranted to the company that he or she is the legal owner or in lawful possession of the property and has the legal right and authority to contract for services of all of the property tendered, upon provisions, limitations, terms and conditions herein set forth and that there are no existing liens, mortgages or encumbrances on said property. If there be any litigations as a result of the breach of this clause the consumer-bailor agrees to pay all charges that may be due together with such costs and expenses including attorneys fees which the company may reasonably incur or become liable to pay in connection therewith and this company shall have a lien on said property for all charges that bay be due them as well as for such costs and expenses.
(a) It is agreed that the company shall have a general lien upon any and all property deposited with it or hereafter deposited with it. All goods deposited upon which storage or shipping and all other expenses are not paid when due, will be sold at public auction to pay said accrued charges and expenses of the sale, after due notice to the consumer-bailor, and publication of the time and place of said sale, according to law.
(b) The company shall have a further lien for all monies advanced to any third parties for account of the consumer-bailor.
(c) Accounts are billed monthly on the anniversary of the pickup date. Your $40 deposit will be placed towards your account. If the balance is not paid, the company will not provide the service and will take action according to the agreed terms. This balance paid is for summer storage or shipping only, any additional services acquires additional fees, and the consumer-bailor cannot collect their property until the complete balance is paid.
- LIABILITY OF THE COMPANY:
(a) The company when transporting to or from the facility for storage or shipping, acts as a private carrier only, reserving the right to refuse any order for transporting and in no event is a common carrier.
(b) This contract is accepted subject to delays or damages caused by war, insurrection, labor troubles, strikes, Acts of God or the public enemy, riots, the elements, street traffic, elevator service or other causes beyond the control of the company.
(c) The company is not responsible for any fragile articles injured or broken, unless packed by its employees and unpacked by them at the time of delivery. The company will not be responsible for mechanical or electrical functioning of any article such as but not limited to, pianos, radios, stereos, television sets, clocks, computers, refrigerators, microwaves, air conditioners, or other instruments and appliances whether or not such articles were packed or unpacked by the company.
(d) No liability of any kind shall attach to the company for any damage caused to the goods by inherent mice, moths, vermin or other insects, rust, fire, water, changes in temperature, fumigation, or deterioration.
(e) Unless a greater valuation is stated on the front of this contract, the consumer-bailor or owner declares that the damage in case of loss or damage arising out of storage, transportation, packing, unpacking, fumigation, cleaning or handling of the goods and the liability of the company for any cause for which it may be liable for each or any piece or package and the contents thereof does
not exceed and is limited to $100.00 per box of commercial liability insurance, unless another amount is declared on the front side of this contract. SquirrelBox will not provide insurance for any items transported, handled, or stored. If the consumer-bailor, or owner would like to purchase insurance, this must be done through a third party insurance company. The consumer-bailor acknowledges that he or she has been furnished with an opportunity to enable the consumer-bailor to request such increased valuation of insurance with a third party storage insurance company on the date of the signing of this contract.
- ADDRESS AND CHANGE:
It is agreed that the address of the consumer-bailor of goods for storage is as given on the front side of this contract and shall be relied upon by the company as the address of the consumer-bailor until change of address is given in writing to the company and acknowledged in writing by the company and notice of any change of address will not be valid or binding upon the company if given or acknowledged in any other manner.
- FILING OF CLAIM NOTICE:
(a) As a condition precedent to recovery claim must be in writing supported by a paid storage bill and filed with the company within 30 days after delivery of the goods. No action may be maintained by the consumer-bailor against the company either by suit or arbitration to recover for claimed loss or damage, unless commenced within twelve months next after the date of delivery by the company.
(b) The company shall have the right to inspect and repair alleged damaged articles.
CORRECTION OF ERRORS:
The consumer-bailor agrees that unless notice is given in writing to the company within ten days after the receipt of the inventory list accompanying the warehouse receipt and made a part thereof including any exceptions noted thereon as to the condition of the property when received for storage, the inventory list shall be deemed to be correct and complete, subject to the provisions of Article 12 of this contract.
- ENTIRE AGREEMENT:
The contract represents the entire agreement between the parties hereto and cannot be modified except in writing and shall be deemed to apply to all the property whether household goods or goods of any other nature or description which the company may now of any time in the future store, pack, transport or ship for the owner’s account.
- GENERAL CONDITIONS:
(a) Consumer-bailor agrees to provide the company a minimum of two (2) business days’ advance notice for delivery of goods.
(b) Consumer-bailor agrees to a minimum storage term of three (3) months.
(b) Pick-up and delivery service of goods entails pick-up and drop-off within three driving miles of the University of Denver, located at 2199 S University Blvd, Denver, Colorado 80208. The consumer-bailor agrees pick-up and delivery locations beyond this radius are subject to additional transport fees.
(c) Consumer-bailor understands exchange of goods for receipt and delivery of goods is considered at the point of company vehicle transport termination.