Legal

StorageZone Rental Agreement and Terms and Conditions

This Rental Agreement is entered into between Somnizest Investments (Pty) Ltd, trading as StorageZone (“StorageZone”, “we”, “us” or “our”) and the customer identified in the Rental Schedule (“Customer”, “you” or “your”). It governs the use of your storage unit, payment, access and termination. Please read the important provisions identified below before accepting.

The completed Rental Schedule, these Terms and Conditions, the Refund Cancellation and Returns Policy, the Facility rules supplied before acceptance and any written special conditions together constitute the Agreement. A separately accepted payment mandate governs recurring collections. Our Privacy Policy explains our information practices; acknowledging it does not constitute consent to every form of processing.

1 Rental Schedule

1.1 The completed Rental Schedule identifies the parties, Facility and Unit, agreed use and access, commencement date, rental and all compulsory charges inclusive of applicable VAT, deposit, payment details, authorised users and special conditions. It must be supplied before acceptance and may be completed electronically.

1.2 “Unit” means the space allocated in the Rental Schedule; “Facility” means the storage premises; and “Goods” means property brought onto or stored at the Facility. A “business day” excludes Saturdays, Sundays and South African public holidays. Other references to days mean calendar days unless stated otherwise. Contractual periods run from the day after the relevant event; statutory periods are calculated as the applicable law requires.

1.3 You must provide accurate details and, when acting for a company or another person, have authority to contract for them. Signing as a representative does not itself make you a personal surety. We may reasonably request proof of identity and authority.

2 Term

2.1 The Agreement commences on the Commencement Date stated in the Rental Schedule and continues indefinitely on a month-to-month basis until terminated in accordance with this Agreement. It has no fixed minimum term.

2.2 Either party may terminate the Agreement by giving the other one full calendar month’s written notice. Notice received during a calendar month takes effect at the end of the following calendar month: for example, notice received on any day in October ends the Agreement on 30 November. A shorter agreed period or an applicable statutory cancellation right takes precedence.

2.3 Rental remains payable until the effective termination date while the agreed service remains available. Voluntarily leaving early does not itself shorten the notice period. The Refund Cancellation and Returns Policy explains cooling-off rights, refunds and exceptions where the service is not provided or another lawful right to end the Agreement applies.

2.4 If you fail to vacate when required, we may claim reasonable compensation for your continued use or occupation, ordinarily calculated daily using the last lawful monthly rental, together with other proved loss recoverable by law. There will be no duplicate recovery for the same loss. Holding over does not by itself create a new fixed term. We will not charge for delay in collecting Goods caused by our unjustified refusal of access.

3 Rental and Annual Increases

3.1 Rental is payable monthly in advance on or before the first day of each calendar month. The initial payment and its due date are recorded in the Rental Schedule.

3.2 If the Agreement commences after the first day of a month, the first month’s rental is calculated pro rata from the Commencement Date using the actual number of days in that month.

3.3 StorageZone’s annual rental review date is 1 July. Any increase must be reasonable, taking account of relevant operating costs, comparable rentals and changes to the service. We will give at least 30 days’ written notice of the amount and effective date. An increase may apply before you have occupied the Unit for 12 months, but the notice requirement still applies.

3.4 If you reject an increase, you may give written notice terminating immediately or on a chosen date before the increase takes effect, without a cancellation penalty and notwithstanding clause 2.2. Rental is calculated pro rata to the effective termination date, and you must return vacant possession by that date. No increase takes effect before the notified date or before the required notice period expires. No other unilateral price increase is authorised by this clause.

4 Payments and Deposit

4.1 Rental and other amounts due may be paid by card, an authorised recurring card payment, debit order or EFT, using the payment options offered at checkout. Make payment only to the beneficiary and account verified through our official payment channels.

4.2 A recurring collection requires a separate payment mandate accepted by the account holder or authorised payer, recording the payment provider, collection dates and frequency, authorised amounts or basis of variation, and cancellation arrangements. Any authentication or approval required by the bank or payment provider must be completed before collection. Acceptance of this Agreement or an EFT payment alone does not authorise recurring deductions.

4.3 The Customer is responsible for ensuring that sufficient funds are available on the payment date. A failed or rejected payment does not relieve the Customer of the obligation to pay any amount due. We may recover reasonable bank charges actually incurred because of your payment failure, where legally recoverable, without an added penalty or duplicate charge.

4.4 Cancelling a payment mandate does not cancel the Agreement or extinguish a lawful debt. We must nevertheless stop collections not authorised by a valid mandate. Incorrect collections and bank reversals are reconciled under the Refund Cancellation and Returns Policy, without double recovery or interference with lawful payment-dispute rights.

4.5 If a deposit is required, its amount is stated in the Rental Schedule. It is security for amounts lawfully due and is not advance payment of the final month’s rent. We may apply it to substantiated amounts due under the Agreement, give an itemised account, and require replenishment to the agreed amount on at least seven business days’ written notice while the Agreement continues. No disputed amount is conclusively established merely by our deduction. Deposits and other amounts remaining your property will be safeguarded and separately accounted for in our records in accordance with applicable law.

4.6 After the later of termination and return of vacant possession, we will provide an itemised deposit account and refund the undisputed balance to the person entitled to it within 10 business days, subject to any shorter statutory deadline. Deductions must be lawful and supported by reasonable evidence. A dispute does not justify withholding the undisputed balance. Any interest legally payable or expressly agreed is included. Further details appear in the Refund Cancellation and Returns Policy.

4.7 The Rental Schedule records the deposit payer and agreed refund recipient, including any verified authority where they differ. Refund routing remains subject to the recipient’s established entitlement, lawful payment-provider requirements and the Refund Cancellation and Returns Policy. A person’s authority to access the Unit does not authorise them to redirect a refund.

5 Use of the Unit

5.1 A standard storage Unit may be used for storage purposes only. The Customer may not live, sleep or reside in the Unit or elsewhere on the Facility, or conduct a business, trade or other commercial activity from a standard storage Unit.

5.2 Limited business activity is permitted only in a specifically designated Unit and under our prior written approval recording the activity and any additional conditions or charges. Approval is subject to applicable planning, building, fire, health and safety requirements and the necessary permissions and insurance. Our approval does not replace an approval required from a public authority. We remain responsible for legal obligations imposed on us as owner or operator. The approval must record operating hours, visitor and delivery arrangements, utilities and charges, and any signage or address-use permission. We do not handle mail or accept deliveries for you unless expressly agreed.

5.3 The Unit may not be sublet, shared commercially or made available to another person without StorageZone’s prior written consent. This does not prevent access by properly authorised users for the agreed purpose. You may not transfer this Agreement or substitute another customer without our prior written consent, which will not be unreasonably withheld. Access authority does not transfer the Agreement.

5.4 You must own the Goods or have lawful authority to store them and enter this Agreement concerning them. Tell us of third-party ownership, finance or security rights relevant to storage or enforcement, and promptly notify changes. This declaration does not grant us rights over another person’s property that the law does not recognise.

6 Access

IMPORTANT Your approved access hours and authorised users are recorded in the Rental Schedule. Unless an agreed restriction is recorded, authorised users may remove Goods. You must secure your Unit and credentials. Security measures reduce risk but do not guarantee against loss.

6.1 Customers have supervised access to the Facility from 08:00 to 17:00, Monday to Friday. Public-holiday arrangements and any different access hours must be disclosed in the Rental Schedule or agreed in writing. We will not reduce your agreed access rights through unpublished Facility rules.

6.2 Biometric access outside supervised hours may be granted on request after the separate enrolment requirements in our Privacy Policy have been met. The approved hours are recorded in the Rental Schedule. Biometric enrolment is optional; declining it does not remove agreed supervised access. We do not promise another form of after-hours access unless agreed.

6.3 Biometric access is personal to the registered user and may not be transferred. Each person needing independent access must be registered as an Authorised User. You must promptly report lost credentials, suspected misuse and any revocation of authority. We will act promptly on a verified revocation and provide reasonable assistance if access equipment fails. The Rental Schedule records the assistance contact for agreed after-hours access. Remedies for a failure to provide agreed access remain available under clause 13.

6.4 You must take reasonable steps to ensure that people entering through your authority comply with the Agreement and safety rules. Their conduct is subject to clauses 9 and 10; this does not transfer responsibility for our own acts to you.

6.5 We may temporarily restrict an affected area as reasonably necessary for a genuine emergency, a specific safety or security risk, essential maintenance or legal compliance. We will minimise disruption, give advance notice where practicable and arrange safe alternative access where reasonably possible. Any affected service rights remain governed by clause 13.

6.6 Optional after-hours credentials may be suspended for documented misuse or a specific security risk, with prompt reasons and an opportunity to request review. This will not be used to collect arrears or unjustifiably prevent lawful supervised access. Non-payment does not by itself authorise a lockout.

6.7 Record each Authorised User and any agreed restrictions in the Rental Schedule or a written authority supplied to us. Unless an agreed restriction is recorded, access authority includes placing and removing Goods for the agreed use. It does not by itself authorise a person to change or terminate the Agreement, approve disposal, settle a claim or receive or redirect a refund; such authority must be separately verified. We do not undertake to inventory every item handled, but remain responsible for reasonable access controls and acting on verified revocations.

7 Locks and Security

7.1 The Customer is responsible for keeping the Unit securely locked whenever it is unattended. The Customer may supply their own suitable lock or purchase an approved lock from StorageZone.

7.2 We may prescribe reasonable lock specifications supplied before occupation and require an unsuitable lock to be replaced. You are responsible for the safekeeping of keys, combinations and access credentials. Do not leave keys with staff unless we have expressly agreed a written keyholding arrangement.

7.3 The Facility provides CCTV, controlled access and armed response. These reduce risk but do not guarantee prevention of every loss. Recording does not imply continuous human monitoring. We remain responsible for providing the agreed service with legally required care and skill and maintaining the security arrangements we promise.

7.4 Before assisting with access or removing a lock, we may require reasonable verification of identity and authority. You must not force entry, cut a lock or alter access equipment without our prior approval, except where reasonably necessary in a lawful emergency. We will verify requests promptly and will not use this process to collect arrears.

7.5 You are responsible for reasonable, evidenced replacement or reprogramming costs caused by your loss, damage or misuse of our keys or access devices, subject to clauses 10 and 14.

8 Prohibited Goods and Activities

IMPORTANT Please read these restrictions before bringing Goods to the Facility.

The Customer may not store illegal or stolen goods; firearms, ammunition, explosives or fireworks; fuels, flammable liquids or hazardous combustible substances; toxic, radioactive or corrosive materials; compressed gases or gas cylinders without express written approval; perishable food or items likely to attract vermin; animals, plants or other living organisms; illegal drugs; waste or refuse; items emitting harmful fumes, offensive odours or liquids; or anything reasonably likely to damage property or endanger a person. Ordinary permitted household goods and packaging are not prohibited merely because they are combustible.

The Unit and Facility may not be used for an unlawful purpose. The limited written approval for gas storage mentioned above must itself be lawful and consistent with applicable safety and insurance requirements. No approval authorises illegal goods or activities.

9 Customer Responsibilities

The Customer must keep the Unit reasonably clean; not damage or alter it; obtain written permission before drilling or attaching items to the structure; keep passages, loading areas and fire escapes clear; promptly report defects and unsafe conditions; pack Goods suitably; and comply with reasonable, lawful Facility rules supplied to the Customer.

You should maintain your own inventory and appropriate evidence of the condition and value of your Goods. We do not inspect or verify their contents or undertake to keep an inventory. You must not obstruct other customers or cause unreasonable noise, nuisance or danger.

10 Risk Insurance and Liability

IMPORTANT This clause allocates risk, limits certain claims and includes an indemnity. Read it before accepting.

10.1 StorageZone does not insure your Goods and is not their insurer. You must arrange and maintain insurance appropriate to their value and risks while the Goods remain at the Facility. Consider the Unit information supplied before acceptance and tell us if your Goods need special conditions. No climate-controlled or specialist storage is provided unless expressly agreed. You remain responsible for suitable packing and securing your lock.

10.2 You bear loss not caused by our breach, negligence or other conduct for which we are legally liable. Subject to clause 10.4, we exclude liability for indirect or consequential economic loss arising from use of the Facility. This exclusion does not remove liability for direct loss or damage for which we are legally responsible.

10.3 You indemnify us against reasonable, proven third-party claims and associated legal costs to the extent caused by your unlawful storage or use, your negligence or wilful misconduct, or that of persons for whose conduct you are legally responsible. The indemnity does not cover loss caused by us or those acting for us. We must notify you promptly of a claim, allow reasonable participation in its defence and take reasonable steps to limit loss. Costs and settlements must be reasonable and legally recoverable.

10.4 Nothing excludes or limits liability for fraud, wilful misconduct or gross negligence by StorageZone or persons acting for it, or any liability, duty or remedy that cannot lawfully be excluded, including applicable consumer rights. Insurance does not waive a lawful claim against us. Our obligations to exercise legally required care and skill remain in force, including while your account is in arrears.

11 StorageZone Right of Entry

IMPORTANT Lawful entry may involve cutting a lock. The safeguards and cost rules below apply.

11.1 You must provide reasonably required access for necessary inspection, repairs or maintenance on reasonable prior written notice, at a reasonable time arranged with you where practicable. We may enter without prior notice only where reasonably necessary for an emergency, a reasonably suspected serious safety or unlawful-goods risk, or under lawful authority. Entry must be limited to what the circumstances reasonably require.

11.2 If lawful entry cannot reasonably be obtained otherwise, we may cut or remove a lock. We will use reasonable care, record the reason, notify you promptly afterwards and take reasonable steps to secure the Unit in every case. You are liable only for reasonable, evidenced entry and replacement-lock costs caused by your breach; otherwise we bear them. This clause does not authorise seizure or lockout for debt collection.

12 Arrears Breach and Goods Left Behind

IMPORTANT Default may lead to cancellation, a money claim and lawful court enforcement against Goods. It does not automatically transfer ownership of your Goods to us.

12.1 If you fail to pay an amount lawfully due or commit another remediable breach, we may give written notice identifying it and allowing at least seven business days after receipt to remedy it, or any longer period required by law. Where section 14 of the Consumer Protection Act applies, we will allow at least 20 business days to remedy a material breach before cancellation. If a material breach remains unremedied, we may cancel by further written notice and pursue lawful relief. A money claim does not require cancellation. Cancellation for an irremediable material breach is permitted only where the law allows it. Urgent protective court relief and proportionate action addressing an immediate safety emergency remain available.

12.2 We will not refuse access to the Unit or Goods merely because the account is in arrears. Nothing permits removal contrary to a court order or another independently enforceable legal restriction. We reserve any landlord’s tacit hypothec, right of retention or other security right that actually arises under law, subject to its requirements and lawful enforcement. This Agreement does not deem Goods delivered to us in pledge or authorise self-help seizure.

12.3 Where necessary, we will seek appropriate attachment, recovery or execution orders and use the sheriff or another legally authorised process. Goods left after termination do not become our property merely because rent is unpaid or a collection notice is unanswered. We may request collection by a reasonable specified date and recover reasonable, evidenced costs legally attributable to your failure to collect.

12.4 Enforcement removal, sale or disposal following default or termination will occur only under a lawful process or a specific valid written arrangement with the persons entitled to authorise it. Any consensual enforcement arrangement must be made after default, identify the Goods, authority, method, costs and accounting, and be free of unlawful pressure. We will account for proceeds, apply only lawful deductions and return any surplus to the person entitled. This does not prevent lawful emergency movement under clauses 11 and 13 or specific disposal instructions from the person entitled to give them. No advance blanket power of attorney or automatic forfeiture of ownership is created.

12.5 We may recover reasonable enforcement costs and interest only where lawfully due, subject to any required court determination or taxation. No additional contractual penalty or interest surcharge is imposed. We may not recover twice for the same debt, damage or cost.

13 Moving Out and Unavailable Units

13.1 On termination, remove all Goods and your lock, leave the Unit empty, clean and reasonably tidy, return our keys or devices and arrange handover. Pay amounts properly due. We may recover reasonable, evidenced cleaning, repair or lawful removal costs caused by your failure to comply, subject to clauses 12 and 14. Payment disputes do not entitle us to obstruct lawful collection or refuse to record handover.

13.2 We will record the Unit’s condition at commencement and handover, including dated condition photographs and give you a reasonable opportunity to participate. A failure to attend an offered inspection does not prove damage or justify automatic deposit forfeiture. Your failure to obtain our signature on an inspection form does not extend rental if vacant possession has in fact been returned.

13.3 If the booked Unit is unavailable or becomes unusable, we will notify you promptly, explain the options and address any immediate risk to Goods. A permanent move to a different Unit, or a different rental, requires agreement. Emergency movement is limited to what is lawfully necessary to protect people or property, with reasonable care and prompt notification.

13.4 We will not charge for services we cannot supply, subject to any loss caused by your own breach and lawfully recoverable from you. Applicable rights to a reduction, refund, proper performance or termination are preserved. Closure, unused prepayments and deposits are dealt with under the Refund Cancellation and Returns Policy. Any longer statutory closure notice or shorter statutory refund period takes precedence over ordinary notice and processing periods.

14 Damage

14.1 You are responsible for damage caused by your breach, your Goods, or persons for whose conduct you are legally responsible, to the extent attributable to you. Fair wear and tear, pre-existing defects, and damage caused by us or persons acting for us are excluded.

14.2 We may recover reasonable, evidenced repair costs, allowing for the condition and age of the affected item and avoiding betterment or duplicate recovery. We must take reasonable steps to limit loss and provide details of the claim.

15 Notices and Communications

15.1 Give cancellation notices and other formal notices to admin@storagezone.co.za or deliver them to StorageZone, 6 Recreation Road, East London, Eastern Cape, South Africa. Enquiries may be made on 043 726 3116. Your notice addresses are those in the Rental Schedule, as updated by written notice.

15.2 Formal notices must be in writing. Use email, hand delivery or another electronic channel agreed in writing. Receipt occurs when the notice reaches the designated address in a form capable of retrieval; it need not have been opened. Sending alone is insufficient. Retain reliable delivery evidence and resend a bounced message through an effective channel. Court process and notices governed by mandatory law must be served as that law requires.

15.3 Routine messages may be sent by email, SMS, telephone or WhatsApp. The Customer must promptly notify StorageZone of changes to contact details. We will likewise notify changes to our notice address. No term shortens a statutory notice period or makes an otherwise valid consumer notice ineffective because of an immaterial omission.

16 Personal Information CCTV and Biometrics

16.1 Our Privacy Policy, supplied before acceptance, explains necessary account, payment, access, security and lawful debt-recovery processing, as well as sharing, retention and your rights. It does not exclude contractual or statutory rights.

16.2 CCTV operates for safety and security. Optional biometric access requires a specific notice and separate recorded consent under our Privacy Policy. Each Authorised User must receive the notice and complete their own enrolment; you cannot give blanket consent for other adults.

16.3 Marketing consent is optional and separate. Declining it does not affect rental or necessary account communications.

17 Electronic Acceptance

17.1 This Agreement may be concluded electronically. Before acceptance, we will display the completed Rental Schedule, total price, these terms and incorporated documents, supplier details and available payment options. You must have an opportunity to read, download, review and correct your details and withdraw before submitting acceptance. We will conspicuously draw the important risk provisions to your attention and give you a reasonable opportunity to understand them before you accept, are required or expected to pay, or receive access, whichever happens first.

17.2 Submitting your completed application and electronic acceptance is an offer on the displayed terms. The Agreement is concluded when our written booking confirmation, identifying the allocated Unit and accepted terms, reaches you. Confirmation follows availability checks and receipt or acceptance of the agreed initial payment arrangement. An automated application or payment acknowledgement is not booking confirmation. We will accept or decline within two business days; otherwise your offer lapses unless you agree to extend it. If declined or lapsed, any booking payment will be refunded within 10 business days after the decline or lapse, subject to any shorter period required by law. This does not restart an applicable refund period already running. Initial access starts only after confirmation and satisfaction of the agreed initial payment arrangement.

17.3 We will retain the accepted document versions, the date and time of acceptance, the separate acknowledgements and a reliable record linking them to you, and send the completed Rental Schedule and incorporated terms with confirmation. Service and rental start on the agreed Commencement Date when the confirmed Unit and agreed access are available to you, subject to clause 17.4. Payment alone does not establish commencement; choosing to move in later does not postpone it where the service is available as agreed. Confirmation may not substitute different terms without your agreement.

17.4 Where an electronic cooling-off right applies and you wish storage to begin during that period, we must obtain a separate informed request before the service actually starts. If you decline, a Commencement Date after that period must be agreed and recorded before booking confirmation. Rental begins only on the agreed service date; we may not unilaterally postpone a promised date. The Refund Cancellation and Returns Policy explains early commencement and the rights that remain. Rental acceptance alone is not a waiver of cooling-off rights.

18 General

18.1 This Agreement is governed by the laws of the Republic of South Africa. Nothing excludes, restricts or waives any mandatory consumer right or access to a competent court, regulator or other dispute-resolution body.

18.2 Read the documents together. Mandatory law prevails. The Refund Cancellation and Returns Policy governs cancellation and refund procedures; an express, lawful special condition agreed with you governs its stated subject; the Rental Schedule governs the specific commercial details; these terms otherwise apply. Facility rules and payment mandates may not reduce protections in these terms or the Policy. A Privacy Policy update does not amend rental terms.

18.3 Material changes to the Agreement require agreement, except the annual increase process in clause 3 and reasonable operational or safety rules that do not introduce charges, materially reduce agreed service or alter termination rights. We will communicate such rules before implementation where practicable. A change required urgently for safety will be explained promptly.

18.4 If a provision is invalid, the remaining provisions continue so far as they can lawfully operate independently. A failure or delay to enforce a provision is not by itself a waiver. This does not prevent a waiver or other right arising under law from the parties’ actual conduct. Agreed amendments must be recorded in writing, including a reliable electronic record.

18.5 Send complaints to admin@storagezone.co.za or call 043 726 3116. We will acknowledge and investigate them promptly. Our internal process does not prevent you from exercising a statutory remedy or approaching the competent dispute-resolution body.

Rental Schedule and Application

Complete these particulars before acceptance. The customer must receive the completed schedule with the Agreement. Standard storage remains the agreed use unless a specific written business-use approval is attached.

Acceptance

☐ I confirm that the particulars supplied are accurate, that I have authority to contract, and that I have read and accept the completed Rental Schedule, Agreement and incorporated documents supplied to me.

☐ My attention has been drawn to clauses 6–12 and 14 concerning access and authorised users, locks and security, prohibited Goods, customer responsibilities, insurance, liability and indemnity, lawful entry and lock cutting, default and enforcement, and damage. I have had an opportunity to read and understand them before accepting.

Optional early commencement request, to be completed only where relevant:

☐ I request that storage begin on the agreed Commencement Date during the applicable electronic cooling-off period. I understand that, where ECTA applies, its service cooling-off right does not apply once the service actually begins with my consent. Other applicable statutory rights remain unaffected.

Marketing selection and biometric enrolment, if requested, are separate and are not authorised by the above acceptance. Any payment mandate must also be separately accepted by the authorised payer.

Customer or authorised representative: __________________ Date: ____________

Electronic acceptance record and booking confirmation reference, where used: ______________