1 This agreement: We are Cullen Mill Property Ltd t/a Dragon Enterprise and Self Storage Limited. These are our terms and conditions which apply to the agreement which you have signed and which we refer to as your agreement. This agreement supersedes all previous agreements for the same services.
2 The Centre: This is the Dragon Enterprise Centre and Self Storage Head Office based at Cullen Mill, Braintree Road, Witham, Essex, CM8 2DD.
3 Taking care of our property: You must take good care of the Centre, its equipment, fittings and furniture you may use. You must not alter any part of it. You must make good without delay any damage done to any accommodation or equipment caused by you or anyone in the Centre with your permission or by your invitation.
4 Furniture and equipment: You must not install any furniture or equipment, cabling, IT or telecoms connections without our consent which we may refuse at our absolute discretion.
5 Security: Any keys or entry cards which we let you use remain our property. You must not take copies of them, or permit copies to be taken or allow anyone else to use them or reveal any security codes without our consent. Any loss must be immediately reported to us and you must pay the cost of any replacement of them or changing of locks or codes if required. If you are permitted to use the Centre outside the normal opening hours it is your responsibility to ensure that the Centre is locked and secure when you leave
6 Compliance with the law: You must comply with all relevant laws and regulations in the conduct of your business. You must not do anything which would cause any nuisance or annoyance to interfere with the use of the centre by others, cause any increase in the insurance premium we have to pay on the Centre or cause loss or damage to us or our reputation or to the owner of any interest in the business or the building which contains the Centre.
7 Compliance with Centre rules: You must comply with all Centre rules which we impose generally on users of the Centre for whatever reason including health and safety and fire.
8 Access to your accommodation: We can enter your accommodation in the Centre at any time. Unless there is urgency we will try to inform you in advance when we need access to carry out tests, repairs or works other than routine inspection and cleaning and maintenance. We will also respect security procedures to protect the privacy of your business.
9 At the start of your agreement: If for any reason we cannot provide you with the accommodation stated in your agreement by the date when your agreement starts we have no liability to you for any loss or damages but you may cancel the agreement without penalty. We will not charge you the standard fee for any accommodation you cannot use until it becomes available.
10 Our liability: We are not liable for any loss as a result of our failure to provide a service as a result of mechanical breakdown, strike, delay, failure of staff, termination of our interest in the building containing the Centre unless we do so deliberately or negligent. We are not liable for any failure until you have told us about it and given us the reasonable time and opportunity to put it right.
You agree (a) that we will not have any liability for any loss, damage or claim which arises as a result of, or in connection with, your agreement and/or your use of the services except to the extent that such loss, damage, expense or claim is directly attributable to our deliberate act or our negligence (our liability) and (b) that our liability will be subject to the limits set out in the next paragraph.
We will not in any circumstances have any liability for loss of business, loss of profits, loss of savings, loss of or damage to data, third party claims or any consequential loss. We strongly advise you to insure against all such potential loss, damage expense or liability. We will be liable:
- without limit for any personal injury or death;
- up to a maximum of £1 million (for any one event or series of connected events) for damage to personal property;
up to a maximum equal to 125% of the local fees paid under your agreement up to the date on which the claim arises, or £50,000 (whichever is the higher),in respect of all other damages, losses expenses
11 Late payments: If you do not pay fees when due we may charge interest at the rate of two per cent per month on any amounts outstanding. If you are in dispute about any part of an invoice you must pay the amount not in dispute by the due date. We also reserve the right to withhold services (including for the avoidance of doubt, access to your accommodation) while there are any outstanding amounts due under your agreement or you are in breach of your agreement.
12 Our employees: While your agreement is in force and for a period of six months after it ends, you must not solicit or offer employment to any of our staff. If you do our loss will be deemed to be the equivalent of one year’s salary for each of the employees concerned and you must pay us damages equal to that amount.
Notices: All formal notices must be in writing.
13 Confidentiality: The terms of your agreement are confidential. Neither of us must disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues after your agreement ends.
14 Data protection: We will not process, disclose or transfer any personal data which we hold in relation to you unless we consider it to be reasonable and to ensure that it is used only to fulfil your obligations under your agreement or for work assessment or fraud prevention or to make available information new or beneficial products or services.
15 English law applies: We both accept that English law applies to your agreement. We both accept the exclusive jurisdiction of the English courts.
16 Standard services: All fees plus VAT are payable in respect of the services to be provided during the following month (or shorter period in the case of your agreement being for a shorter period) in advance on the last Thursday (or such other as we may designate) of each month.
17 Pay-as-you-use services: Fees for pay-as-you-use services plus VAT are payable in accordance with
our published rates In arrears on the last Thursday (or such other as we may designate) of the month following the calendar month in which the pay-as-you-use were provided.
18 Security deposit: You will be required to pay a security deposit which will be held by us as security for the performance of the obligations under your agreement. The deposit will be returned to you, less any costs incurred by us as a consequence of your not performing your obligations, after sixty days from the date of your vacation of the accommodation. The payment of the security deposit does not affect our right to demand and collect at any time payment for any amounts due under your agreement and you will not have any right to offset any outstanding amount owed by you under your agreement against the security deposit.
Office Specific Terms & Conditions:
19 Furnished office accommodation: We are to provide the use of the accommodation in accordance with the agreement which you have signed. You will have a non-exclusive right to use such accommodation. Occasionally we may need to allocate different accommodation which will be equivalent or better and we will try to agree this with you in advance.
20 Office services: During our normal opening hours from Monday to Friday other than bank holidays we are to provide services as listed from time to time and available on request. We are happy to discuss providing the services outside these hours. All optional services are subject to the availability of our staff and we will endeavour to be as helpful as possible but will not be responsible for any failure or delay. If we decide that in our opinion any use of the services is excessive we reserve the right to charge an additional fee which we consider is reasonable and appropriate.
21 The nature of your business: You may only use the accommodation for office purposes for the business stated in your agreement or subsequently agreed in writing by us. You must not use the accommodation for purposes of a retail nature involving frequent visits from members of the public. You must not purport to be part of Dragon Enterprise and Self Storage Ltd nor compete with our business or solicit our clients.
22 Your name and address: You may only carry on a business in your name or some other name that we agree in writing. You must not put up any signs visible from outside the accommodation allotted to you unless agreed with us and at our total discretion. Any sign so agreed may be removed by us without notice for any reason.
23 Insurance: It is your responsibility to insure your own property which you bring to the Centre and for your own liability to your employees and third parties.
- or claims.
24 Dragonnet: We do not make any representations as to the security of any network we may provide (or the internet) or for any information which you place on it. You should adopt whatever security measures (such as encryption) you believe are appropriate to your circumstances. We cannot guarantee that a particular degree of availability will be attained in connection with your use of the services.You hereby warrant to us that, in the course of our provision of any service you will not, nor will you cause us to , infringe the rights of any third party (such as, but not limited to, using any logo without consent on your website). You will comply with any rules pertaining to the service as available on request. We warrant that any services shall be provided and performed in a professional and workmanlike manner and shall conform to the description of the services set out in the relevant service description(s). If we fail to provide the service warranted, your sole and exclusive remedy shall be the remedy of such failure within a reasonable time after written notice. This warranty is in lieu of all other terms and conditions and warranties whether express or implied by usage, custom, statute or otherwise, appertaining to the services and to the manner in which we perform our obligations and exercise our rights.
When your agreement ends or you choose to relocate to different accommodation within the Centre, we reserve the right to charge you the cost of making good any damage which in our sole opinion has been caused to the accommodation, the Centre or equipment as a result of your use of the accommodation under your agreement, fair wear and tear excepted. If you leave any of your own property in the Centre after the termination of the agreement we may dispose of it in any way we choose without owing you any responsibility for it or any proceeds of sale. You will also be responsible for our reasonable costs involved in the disposal of the property.
In order to transition your mail and calls from the Centre you will automatically entered into a continuation agreement with us for three months on our standard terms at the time.
If you continue to use the accommodation after your agreement has ended:
- you are responsible for any loss, claim or liability we may incur as a result of your failure to vacate on time but
- we may at our discretion, permit you an extension to your agreement subject to a surcharge on the standard fee.
Storage Terms and Conditions
- SUMMARY OF OUR INSURANCE COVER
It is a condition of the Licence Agreement that your property is insured for its full true total value and that cover is maintained throughout the total period of storage with us.
Please note that irrespective of whether or not you instruct us to include you within our insurance arrangements our liability for actual physical loss of or damage to your property is limited by the terms of the Licence Agreement which form part of our contract with you.
- SUBJECT TO YOU GIVING US INSTRUCTIONS TO INSURE we can arrange on your behalf insurance Underwritten 100% by Brit Syndicate 2987 at Lloyds to cover physical loss or damage to your property whilst stored with us within our “Open Cover” insurance arrangements as summarised below.
- TOTAL SUM INSURED
The full true total maximum value of the goods at all times as declared to us on the Licence Agreement or elsewhere in writing. The sum insured shall in no circumstances exceed £25,000 for any one customer unless confirmed in writing by us. The total sum insured can be increased on payment of an additional charge, subject to the prior agreement of our Insurers.
- INSURED PERILS
Actual physical loss of or damage to our customers’ property caused by fire, lightning, explosion, earthquake, aircraft and articles dropped there from, storm, flood, ingress of water, moth, insect or vermin from an external cause, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage, impact by vehicle or railway rolling stock.
It is a condition of the insurance that the sum insured represents the full true total value of the property stored at all times. If you fail to declare the full replacement value of your property on the Licence Agreement, in the event of a claim you will only be entitled to recover from Insurers the proportion of the loss as the declared value bears to the total replacement value of your property.
- BASIS OF CLAIMS SETTLEMENT
The settlement of any claim shall be by replacement, repair and/or compensation at Insurer’s option. In the event of the total loss or destruction of any item insured under this Insurance, the basis of settlement shall be the cost of replacing the item as new provided that the item is substantially the same as but not better than the original when new.
- Household linen and clothing
Where any claim includes loss of or damage to any item(s) of household linen and clothing, Insurers will take into consideration the age, quality, degree of use and consequent market value of any such lost or damaged item(s).
Where any claim includes loss of or damage to documents the basis of settlement shall relate to the reasonable costs of reprinting and/or reasonable costs of reissue and/or reconstitution including, where applicable, fresh research or exploration to obtain essential information.
- POLICY EXCESS
Insurers will not pay the first £50 of each customer’s claim.
- PAIRS & SETS CLAUSE
Where any items are part of a pair or of a set Insurers shall only pay for the actual items which are lost or damaged. No payment will be made by Insurers for any items which are part of a pair or of a set and which are not lost or damaged.
- TIME LIMIT FOR CLAIMS NOTIFICATION
All claims must be notified to us at the time of discovery of loss or of damage to your property or at the time of removal of your property from the unit, whichever is the soonest.
If your goods become lost or damaged and you wish to make an insurance claim please notify us in writing. Your notification should be sent to us at the address or fax number detailed in your Licence Agreement.
- CUSTOMER SERVICE
If you feel you have not been offered a first class service, please write and tell us and we will do our best to resolve the problem. You may alternatively, if preferred, contact the Insurance Administrator: Reason Global Insurance. 4th Floor, Lyndean House, 43-46 Queens Road, Brighton, BN1 3XB
In the unlikely event you remain dissatisfied, please write to The Compliance Manager Brit Syndicates Ltd, 55 Bishopsgate, London EC2N 3AS Tel: + 44 (0) 020 7098 6509 Fax: + 44 (0) 020 7984 8501
In the event you wish to pursue matters further you may be able to refer the matter to the Financial Ombudsman Service. The Financial Ombudsman Service can normally deal with complaints from private individuals and from small businesses with an annual turnover of less than £1 million (for a group of companies, this means a group annual turnover of less than £1 million). The Financial Ombudsman Service can also help with complaints from charities with an annual income of less than £1 million; and from trusts with a net asset value of less than £1 million.
The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR Helpline: + 44 (0)845 080 1800 Switchboard: + 44 (0)20 7964 1000 Website: www.financial-ombudsman.org.uk
Financial Services Compensation Scheme
Brit Syndicates Limited is covered by the Financial Services Authority’ Compensation Scheme (FSCS). You may be entitled to compensation from the Scheme if they are unable to meet their obligations. This depends on the type of business and the circumstances of the claim. Further information about compensation scheme arrangements is available from the FSCS. Financial Services Compensation Scheme, 7th Floor Lloyd’s Chambers, Portsoken Street, London, E1 8BN United Kingdom Tel: 020 7892 7300 Fax: 020 7892 7301 E-mail:
No cover is provided for the following
1) Money, Coins, Bullion, Deeds, Bonds, Securities and the like.
2) Livestock, Explosives and Flammables
3) Jewellery, Watches, Precious Stones, Stamps of all kinds exceeding £500 combined total.
4) Furs, fine arts, perfumery mobile phones, tobacco, cigars, cigarettes, beers, wines, spirits & the like exceeding £10,000 combined total.
5) Electronic items exceeding £10,000 in total. Electronic items are defined as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopiers, VCRs, hi-fi, stereos, CD players, digital players/recorders and the like. (Heavy electrical items such as switchgear, turbines and generators and the like shall be deemed not to be electronics)
6) Loss of data records other than cost of blank data carrying materials.
7) Any consequence of War, Invasion, Act of Foreign Enemy Hostilities (whether War be declared or not), Civil War, Rebellion, Revolution, Insurrection or Military or Usurped Power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
8) Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage arising from an Insured Peril
9) Loss or damage from:
a) ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;
b) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or nuclear component thereof,
c) any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
d) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion of this sub clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried stored or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
10) Loss or damage from any chemical, biological, biochemical or electromagnetic weapon. The use or operation as a means of inflicting harm or any computer system, computer software program, computer virus or process or any other electronic system.
11) Loss of or damage to your property directly caused by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds
12) If at the time of loss there is other insurance in force this insurance shall only respond to the extent that losses are not recoverable under the other insurance
13) Loss of or damage to your property caused by or resulting from any act(s) of terrorism or any person(s) acting from a political motive.
If you have any queries or questions, please contact Head Office: firstname.lastname@example.org call 01376 388522, or write to: Dragon Enterprise Centre and Self Storage, Cullen Mill, Braintree Road, Witham, Essex, CM8 2DD.