Terms and Conditions

Parties

• Peak Capacity Storage incorporated in England and Wales (company registration number 16887304) whose registered office is at Star House Main Street, Taddington, Buxton, England, SK17 9TU (Licensor)
• (Licensee) Any user of the Licence Area who transfers the Licence Fee to the Licensor creating a nonexclusive, nontransferable, revocable, limited license to access and use the Site and in accordance with these Terms. The licensee may terminate this license at any time for any reason

Definitions

In this Licence, the following definitions apply:

Building	The building to the Eastern side of the area known as East Paddock as outlined on the attached plan;
Business Day	any day on which the Building is open for business;
Common Parts	the parts of the Building and Estate provided from time to time by the Landlord for use in common by the occupiers and users of it;
Designated Area	the area within the Building as specified by the Licensor at the time that the Licence Fee is paid. The Licensor retains the right to move the  Licensee within the premises to an equivalent sized Designated Area within the Building on 5 Working Days’ notice to the Licensee;
Estate	The land and buildings known as East Paddock;
Legislation	all legislation having effect in the United Kingdom at any time during the term of this Licence, including: (a)              Acts of Parliament; (b)              orders, regulations, consents, licences, notices and bye laws made or granted: (i)               under any Act of Parliament; (ii)              by a local authority or by a court of competent jurisdiction; (c)              any approved codes of practice issued by a statutory body;
Licence	this Licence and any supplemental or collateral document;
Licence Fee	£153 or £256 (depending on required unit size) per month;
Licence Period	the period starting today, (date of payment) and (unless terminated under clause 9.2) ending 30 days from this date. This Licence Period can be renewed for another 30 days upon payment of the Licence Fee.
Permitted Hours	24 hours on each Business Day, or as specified by notice given by the Licensor to the Licensee at any time during the Licence Period;
Plan	the plan attached to this Licence at the appendix;
Utilities	electricity and water and wireless communications;
VAT	value added tax payable by virtue of the Value Added Tax Act 1994 or any similar tax levied in addition to or by way of replacement for value added tax;
Working Day	any day other than Saturday, Sunday, or a bank or public holiday.

Interpretation

In this Licence:

• the headings to any clause or appendix are for reference only and do not affect its construction;
• general words introduced by the word ‘other’ do not have a restrictive meaning even where preceded by words indicating a particular class of acts, things or matters;
• the words:
  • ‘include’, ‘includes’ and ‘including’ are deemed to be followed by the words ‘without limitation’;
  • ‘liability’ and ‘liable’ include all claims, demands, proceedings, damages, costs and expenses and loss incurred or suffered by the relevant party;
  • ’demand’, notice’, notify’, ‘nominate’ or ‘request’ (and any expression which is cognate with any of them) require the demand, notice, notification, nomination or request to be in writing;
• an obligation:
  • to do something includes an obligation to procure that it is done;
  • not to do something includes an obligation not to cause or allow that thing to be done;
  • owed by or to more than one person is owed by or to them jointly and severally;
• a reference to:
  • the end of the Licence Period is to its expiry or sooner determination;
  • particular Legislation is, unless otherwise specified, a reference to:
    • that Legislation as amended, consolidated or re-enacted from time to time;
    • all subordinate legislation made under it from time to time;
  • ‘today’ is to the date of this Licence;
• any gender includes every gender;
• the singular includes the plural, and vice versa;
• ‘person’ includes a corporate or unincorporated body.

Licence

• • In consideration of:
    • the Licence Fee; and
    • the Licensee’s obligations in this Licence;

the Licensor grants the Licensee a non-exclusive licence to use the Designated Area for storage purposes or retail purposes or office purposes or general leisure purposes during the Permitted Hours.

• The Licensor grants the Licensee all rights of access during the Permitted Hours over the Building and Designated Area and Common Parts as are reasonably required for the purpose of the licence granted under clause 3.1. These rights are granted:
  • in common with anyone else who is entitled to similar rights; and
  • on condition that the Licensee does not obstruct or interfere with the rights of any such person or the Licensor.

Payments

• • The Licensee must pay the Licence Fee to the Licensor by monthly instalments in advance.

Licensee’s obligations

• • During the Licence Period, the Licensee must:
    • at its own cost and to the satisfaction of the Licensor, make good any damage caused to any part of the Designated Area or Building or Common Parts or Estate by the exercise of the licence or rights granted under clause 3;
    • keep the Designated Area or Building or Common Parts or Estate clean and tidy and not place in or on it anything that might constitute an obstruction or a risk to the health and safety of anyone working at or visiting the Designated Area or Building or Common Parts or Estate.
    • comply with:
      • all Legislation relating to the Designated Area and to the health and safety of persons working at or visiting the Designated Area; and
      • all regulations made by the Licensor from time to time for the management and operation of the Building;
    • not display any signs or notices at the Licence Area without the consent of the Licensor;
    • not do, nor omit to do, anything which might:
      • vitiate any insurance in respect of the Building;
    • not use the Designated Area or Common Parts or the access ways referred to in clause 3.2 so as to cause any nuisance, damage, disturbance, annoyance or interference to the owners, occupiers or users of the Building or Estate or any nearby property;
    • Not to keep, or allowed to be kept, in the Designated Area the following:
      • Live animals or any food items that would ordinarily require refrigeration;
      • Hazardous substances such as fuel oils;
      • Explosives, (including fireworks);
      • Asbestos waste;
      • General waste; or
      • Other items which it is an offence to posses, (e.g. Class A drugs)

 

• At the end of the Licence Period, the Licensee must leave the Licence Area in a clean and tidy condition and free of all the Licensee’s furniture, equipment, goods and chattels;

Dealings, sharing, etc

• • This Licence is personal to the Licensee who must not deal with it, nor share or allow any other person to use the rights conferred by it, in any way whatsoever.
  • The rights granted under clause 3.2 may only be exercised by the Licensee.

Remedying breach of Licensee’s obligations

If the Licensor notifies the Licensee of a breach of the Licensee’s obligations under this Licence, the Licensee must within 5 Working Days (or immediately in case of emergency) remedy that breach. If the Licensee does not do so, the Licensor may remedy the breach and any liability incurred by the Licensor is recoverable from the Licensee as a debt.

Interest

If the Licensee fails to pay any sum due under this Licence within 5 Working Days after the due date (whether formally demanded or not), the Licensee must pay interest on that sum at a rate of 8% above the base rate of the Central Bank of England for the period beginning on the due date and ending on the date of payment (after as well as before any judgment).

Termination

• • This Licence automatically terminates at the end of the Licence Period.
  • If the Licensor considers that the Licensee is in breach of any of its obligations under this Licence, the Licensor may give notice terminating this Licence with immediate effect. On service of that notice, the Licensee must immediately comply with clause 5.2.
  • Termination of this Licence does not release the Licensee from its obligation to pay the Licence Fee and any other sums due under this Licence up to the end of the Licence Period.

Service of notices

Any notice required to be served under this Licence is validly served if delivered personally to the recipient or (in the case of notice served on the Licensee) if left at the Designated Area.

Limitation of liability

• • The Licensor is not liable to the Licensee or any other person for:
    • any damage or liability incurred on the Estate.
  • Nothing in clause 11.1 excludes or limits liability for death or personal injury caused by negligence.

No tenancy

The Licensee acknowledges that:

• this Licence does not confer a right of exclusive possession in respect of any part of the Designated Area or Building;
• nothing in this Licence is intended to create a tenancy;
• at the end of the Licence Period the Licensee has no right to remain at, or trade from, the Licence Area.

Third parties

Unless stated otherwise, nothing in this Licence confers any right on any person under the Contracts (Rights of Third Parties) Act 1999.

Accepting the terms and conditions on the Peak Capacity Website constitutes acceptance and signature of this licence.