Terms and Conditions

Parties to the contract and definitions

The Contractor enters the contract for and on behalf of themselves, their servants and agents all of whom shall be the benefit of the contract and shall be under no liability to the owner or anyone claiming through him in respect of Documents stored or handled greater than or in addition to that of the Contractor as the principal contractor. No agent or employee of the Contractor shall have any authority to alter or qualify in any way this Agreement.

1. Definitions

1.1 ‘Client’ shall mean the owner of the Documents stored or handled by the Contractor, or any agent of the owner who contracts for the Services of the Contractor. 

1.2 ‘Contractor’ shall mean Kelly’s Storage Limited. 

1.3 ‘Document’or ‘Documents’ shall mean all physical documents and magnetic media of all descriptions entrusted to or handled or stored by the Contractor in accordance with these conditions. 

1.4 ‘Digital Documents’ shall mean all digital documents and media of all descriptions stored by the Contractor in accordance with these conditions. 

1.5 ‘Services’ shall mean those services listed on the front page of the Storage Agreement and such services that are agreed from time to time between the Contractors and the Client. 

1.6 ‘Fileshall mean any single Document contained in a Box. 

1.7 ‘Boxshall mean any single archive storage box or other similar receptacle which contains Documents. 

1.8 ‘Boxes’ shall be a multiple of Box. 

1.9 ‘Replacement Value’ shall be calculated as the sum equivalent to the physical cost of replacing the Documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the Documents. 

1.10 ‘Maximum Replacement Value’ means the maximum total of the Replacement Value for the Client’s Documents in a Box at all times for the duration of this Agreement including where Files are added or removed from storage. 

1.11 ‘Agreement’ means includes the Terms and Conditions, the Storage Agreement and (where applicable) the Addendum. 

2. Quotations 

2.1 Quotations are subject to amendment if: 

2.1.1. not accepted with 28 days 

2.1.2. changes in taxation, freight-rates or other reason outside the control of the Contractor 

2.1.3 additional Documents or Digital Documents are handled and / or stored. 

2.1.4 Documents are collected from or delivered to premises only. 

2.1.5 during storing or handling Documents or Digital Documents extra Services are supplied at the request of the Client.  

3. Access to Client Premises
3.1. Unless otherwise agreed it is a condition that all collection and deliveries can conveniently be carried out by means of adequate staircases lifts elevators and doorways
3.2.There is suitable, practicable access and approach for the Contractors vehicle to the door of the premises to and from which Documents are to be collected or delivered. 
3.3. Parking facilities are available (where necessary) for collections and deliveries. If such conditions are not fulfilled an extra charge may be incurred.

4. Client’s Responsibility
The Client declares that Documents or Digital Documents entrusted to or handled or stored by the Contractor are either the Client’s own unencumbered property, or the Client has full and absolute authority of persons owning or interested in the Documents or Digital Documents for the Contractor to handle and / or store the Documents or Digital Documents.
4.2. The Client agrees to indemnify the Contractor against any claim’s charges cost and demands made against or incurred by the Contractor on any breach of this condition.
4.3. Documents submitted by the Client for storage shall contain Documents only, and no other article or substances whatever.
4.4. The Contractor may remove destroy or otherwise dispose of any article or substance other than Documents which the Contractor, at their reasonable discretion, considers dangerous, deleterious, harmful, or otherwise inappropriate for storage and shall be relieved from liability for any loss to the Client arising there from.

5 Payment
Unless otherwise agreed in writing the Contractor’s Charges shall be due and payable within 30 days of date of invoice, except for Services which are invoiced in advance, where periodic Charges will be required as agreed with the Client.
5.2. For removals deliveries and all other charges on invoice, Charges shall be paid to the Contractor immediately when due without deduction and payment shall not be held or deferred because any claim counterclaim or set off.
5.3. In the unlikely event that charges are outstanding and unpaid for more than 60 days from date of invoice:
5.3.1. the Contractor reserves the right to withhold Services until all such charges are paid; and
5.3.2. reserves the right to claim interest daily on any fees not paid at the rate of 8% per annum above the prevailing Bank of England base rate.

6 The Contractor’s right to hold Documents (lien)
6.1. The Contractor reserves the right to withhold some, or all the Client’s Documents until the Client has paid without set-off all charges and any other payments due under The Agreement.    
6.2. In the event payment is not made within 120 days of the due date for payment of the Contractor’s invoice the Contractor shall be entitled to dispose of some or all the Client’s Documents or Digital Documents without further notice Disposal shall be by way of a secure method – namely secure shredding to by carried out by an external contractor 
6.3. Prior to disposing of the Client’s Documents or Digital Documents, the Contractor will write to the Client and provide 14 days notice of its intention to dispose of Documents or Digital Documents. The cost of and costs associated with the disposal will be charged to the Client against their account with the Contractor. Thereafter, the Contractor will take formal steps to recover the balance from the Client.   

7 Legal Fees
7.1. In the event payment is not made within 120 days of the due date for payment of the Contractor’s invoice, the Client will pay the Contractor’s reasonable legal fees incurred in recovering the total amount due. 

8 Revision of charges
8.1. Charges are subject to annual increase in line with RPI increases on anniversary of the contract date thereafter.The Contractor shall give twenty-eight days notice of revised charges and thereafter any adjustment shall be effective. 

9 Termination, Postponement, Cancellation or Non Renewal
9.1. Should a contract be terminated, postponed, cancelled, or not renewed the Contractor shall be entitled to recover from the Client any expenses incurred thus not exceeding the value of the

10 Inventory or Receipts
10.1. The Contractor shall provide the Client with periodic inventories noting:
10.1.1. Boxes received into storage
10.1.2. Boxes withdrawn from storage
10.1.3. Boxes held.
10.1.4. No claim shall be made in respect of any Documents or Digital Documents not recorded as received by The Contractor or not recorded as held by the Contractor on any inventory within the previous three months. Any inventory shall be deemed to be correct unless errors or omissions are notified to the Contractor within fourteen days.

11 Address for Communications
11.1. All notices and communications shall be deemed to have been duly served and received two working days after posting if sent to the last address for the Client notified to the Contractor in writing. It is the obligation of the Client to provide an updated contact address should this change from the address initially provided to the Contractor.

12 Period of Contract
12.1. Any contract for the storage of Documents or Digital Documents shall continue for an initial period of thirty-six (36) months (defined as “Initial Term”) and continue on a monthly rolling basis thereafter. After the expiry of the Initial Term, the Client may terminate the contract by giving three (3) complete calendar months’ notice. On receipt of notice the Contractor will charge for volume of spaces held for ninety (90) days after expiry of the Initial Term. The Contractor may terminate this Agreement at any time giving three (3) complete calendar months’ notice.

13 Liability for Loss or Damage
13.1.This paragraph 13 does not apply to Digital Documents. 

13.2 The Contractor’s liability commences from the time Documents, Files or Boxes are taken into the Contractor’s custody for storage or transport. 
13.3. The Contractor’s liability ceases when Documents, Files or Boxes are collected from storage by the Client or their agent or when Documents are delivered to its intended destination by Us.  
13.4. Subject to the restrictions set out in this paragraph 13, the Contractor shall be liable for: identifiable losses, destruction of or damage to the Client’s Documents while the Documents are in the Contractor’s custody and control (defined as Loss” or “Damage”). 

13.5. Restricted Liability

13.5.1. The Contractor shall only be liable for Loss or Damage (as defined under paragraph 13.3) caused by their negligence. In the event of the Contractor’s negligence and subject to all other terms and conditions in this Agreement, the Contractor’s liability for Loss or Damage to the Client’s Documents will be limited to up to a maximum of £5.00 per Box (see Definitions under paragraph 1) for any one event or series of connected events.  
13.5.2. For the avoidance of doubt, the Contractor shall have no liability for Loss or Damage unless directly caused by its negligence.  
13.5.3. It is the Client’s responsibility to arrange insurance to cover the Maximum Replacement Value of the Documents whilst in transit and in storage. The Contractor does not give any advice as to the suitability or otherwise of any insurance cover arranged by the Client 

13.6. Enhanced Liability Option

13.6.1. As an alternative to paragraph 13.4, the Client may opt for Enhanced Liability Protection. Enhanced Liability Protection” means an agreement between the Client and the Contractor where the Contractor accepts an increased liability in return for payment of the Enhanced Liability Charges in accordance with the terms of the Enhanced Liability Addendum and this Agreement. 

13.7 Exclusions of Liability

13.7.1. The Client agrees that the Contractor shall not be liable for Loss or Damage to any goods or property other than Documents. 

13.7.2.Where the lost or damaged Item is part of a pair or set, the Contractor’s liability, where it is assessed as the cost of replacement of that Item, is to be assessed as a sum equivalent to the physical cost of that Item in isolation, not the cost of that Item as part of a pair or set or any undamaged part of a pair or set. 

13.7.3 The Contractor accepts no liability for the following:  

13.7.3.1. Any reduction in value or depreciation resulting from Damage or subsequent repair or restoration. 

13.7.3.2. Damage which results directly from Documents being moved under the Client’s express instructions against the Contractor’s advice. 

13.7.3.3. Reimbursing the Client for charges or Enhanced Liability Charges. 

13.7.4. The Contractor shall not be liable for Loss or Damage to the Client’s Documents caused by: 

13.7.4.1. Normal wear and tear, natural or gradual deterioration and discoloration.

13.7.4.2. Inherent or latent defects in the Documents.

13.7.4.3. Leakage of liquid from any receptacle or container.

13.7.4.4. Mould, mildew or rust or changes in atmospheric conditions unless proven to be caused by water entering the Contractor’s vehicle or premises; and

13.7.4.5. A cyber-attack.

13.8. Where the Client’s Documents are lost or damaged 

13.8.1. If the Client has insurance in place to cover Loss or Damage to the Documents, the Client must recover losses from their insurers in the first instance.  

13.8.2. Notwithstanding paragraph 13.7.1, if the Client discovers Loss or Damage to any Documents, it is important that the Contractor is notified in writing as soon as possible. The sooner the Client notifies the Contractor, the sooner the Contractor can establish the cause of Loss or Damage and properly investigate. 

12.8.3. The Client must notify the Contractor in writing and provide a detailed description of any Loss or Damage to Documents in any event within seven (7) days of delivery of any or all Documents, Boxes or Files to its destination. 

13.8.4. If the Client or their authorised representative collects Documents, Boxes or Files from storage, the Documents must be inspected at the time they are handed to the Client or their agent. The Contractor must be notified immediately of Loss or Damage and in writing as soon as possible thereafter, but no later than seven (7) days after discovery. The Contractor shall not be liable for Loss or Damage which is discovered after Documents are removed from their custody. 

13.8.5. The Contractor shall not be liable for Loss or Damage to Documents unless the Client notifies them of such Loss or Damage within the time limits specified above.  

13.8.6. The Contractor may make such enquiries as necessary to investigate the Loss or Damage and the Client agrees to co-operate with the Contractor in their enquiries, and to provide any additional relevant information without delay when requested by the Contractor. The Client must retain any damaged Documents until the Contractor has had a reasonable opportunity to inspect (if necessary) any Damage 

13.8.7. The settlement of any claim following Loss or Damage shall be the Replacement Value, subject to the liability limit set out in paragraph 13.4.1 or the Enhanced Liability Addendum, where applicable.  

13.8.8. If the Client provides the Contractor with misleading or incorrect information relating to a claim for Loss or Damage to the Client’s Documents, or make a claim that is fraudulent, false or exaggerated, the Contractor may: 

13.8.9. reject the claim. 

13.8.9.1. where applicable, cancel or void the Enhanced Liability Addendum without refund of the Enhanced Liability Charges; and 

13.8.9.2. recover from the Client any costs the Contractor has incurred in dealing with the claim.  

14. Liability for Loss or Damage to Digital Documents 

14.1. Subject to terms and conditions of any insurance policy in place, Data Privacy and Confidentiality Liability which cover The Contractors legal liability for to pay compensation and cost and expenses for.

14.1.1. Breach of confidence in respect of individual private information and personal data 

14.1.2. Breach of Data Protection Regulations resulting in material or non-material damage, caused by loss, unauthorised destruction, or disclosure of, or unauthorised access to personal data.

14.1.3. Loss, disclosure, or destruction of third party confidential commercial information held under an agreement resulting in financial loss

15. General Liability Exclusions 

15.1. The Contractor accepts no liability for the following:  

15.1.1. Circumstances beyond the Contractor’s reasonable control, including but not limited to, war, invasion, acts of terrorism, activities relating to war, terrorism, acts of foreign enemies, hostilities (whether war is declared or not), rebellion, revolution or military coup, confiscation or destruction under the order of any official body, radioactivity, ionising radiations from any nuclear fuel/waste, biological or chemical weaponry, pressure waves caused by aircraft or any other events outside the Contractor’s reasonable control; 

15.1.2. Any financial loss other than in respect of the Documents, or any business loss, including loss of profits, loss of sales or business, loss of anticipated savings, loss of or damage to goodwill, or commercial value in the Documents. 

15.1.3. Any Documents confiscated, seized, removed, or damaged by customs authorities or other government agencies. 

15.2. No individual employed or engaged by the Contractor will be separately liable to the Client for Loss or Damage under the terms of this Agreement. 

16. Law & Jurisdiction

16.1. This Agreement is governed by and shall be construed in accordance with the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement. 

17. Data protection and data prcoessing

17.1. Both parties will comply with all applicable requirements of Data Protection Legislation (as defined under paragraph 17.5). This paragraph 17 is in addition to, and does not relieve, remove or replace, a partys obligations under the Data Protection Legislation 

17.2. In this clause 17, Applicable Laws means (for so long as and to the extent that they apply to the Contractor) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK. 

17.3. The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller, and the Contractor is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).  

17.4. Without prejudice to the generality of clause, the Client will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to the Contractor for the duration and purposes of this contract. 

17.5. In this clause 17 the following terms are used as defined: 

17.5.1. Data Protection Legislation: the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the GDPR and any other directly applicable European Union regulation relating to privacy.  

17.5.2. GDPR: General Data Protection Regulation ((EU) 2016/679). 

17.6. Without prejudice to the generality of clause 17, the Contractor shall, in relation to any Personal Data processed in connection with the performance by the Contractor of its obligations under this contract: 

17.6.1. process that Personal Data only on the written instructions of the Client unless the Contractor is required by Applicable Laws to otherwise process that Personal Data. Where the Contractor is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Contractor shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Contractor from so notifying the Client; ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); 

17.6.2. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Client has been obtained and the following conditions are fulfilled: 

17.6.3. the Client or the Contractor has provided appropriate safeguards in relation to the transfer. 

17.6.4. the Data Subject (as defined in the Data Protection Legislation) has enforceable rights and effective legal remedies. 

17.6.5. the Contractor complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and 

17.6.6. the Contractor complies with reasonable instructions notified to it in advance by the Client with respect to the processing of the Personal Data. 

17.6.7. assist the Client, at the Clients cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. 

17.6.8. notify the Client without undue delay on becoming aware of a Personal Data breach. 

17.6.9. at the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of The Agreement unless required by Applicable Law to store the Personal Data; and 

17.6.10. maintain complete and accurate records and information to demonstrate its compliance with this clause 17. 

17.6.11. remove all data stored seven years from account closure unless otherwise required by Applicable Law to store the Personal Data. 

17.7. The Client does not consent to the Contractor appointing any third-party processor of Personal Data under this contract.  

18. Entire Agreement 

18.1. This Agreement supersedes and cancels all prior or contemporaneous negotiations, understandings and agreements entered between The Contractor and Client with respect to the subject matter hereof and is the complete agreement between the parties. The Contractor has made no other agreements, commitments, or representations, oral or written. This Agreement may not be altered, modified, waived, or amended except in a writing properly executed by the Contractor and Client.   

19. Publicity 

19.1. Neither party shall issue any publicity or advertising naming or otherwise referring to the other party, its trademarks and/or products (including, but not limited to, client lists) without the prior written consent of an authorised official of the other party. 

20. Enforceability 

20.1. If any term of the Terms and Conditions is held to be illegal, invalid or unenforceable in whole or part, such part shall be deemed not to form part of the Terms and Conditions, but the legality, validity or enforceability of the remainder of the Terms and Conditions shall not be affected.   

21. Variation

21.1.These Terms and Conditions may not be altered modified or amended except in accordance with this clause or in writing and by agreement the Contractor and the Client.   

21.2. The Contractor reserves the right to unilaterally amend these terms of business. In the event the Contractor does so, they will notify the Client of the changes providing a period of 28 days prior to their application

22. Third Party Rights & Assignment 

21.1. The Client may not assign their rights under these Terms and Conditions or to their Documents or Digital Documents in storage to any third party. In the event the Client seeks to do so the Client undertakes that the Contractors rights to place a lien over the Documents or Digital Documents will take precedence over any other lien or assignment which the Client may grant to another party.    

Enhanced Liability Addendum

Please take the time to read the detailed terms in the table below. In particular, the Contractor draws the Client’s attention to ‘Exclusions – what Enhanced Liability Protection does not provide for’ as this includes terms where the Contractor limits or excludes liability to the Client.

Note: “Enhanced Liability Protection” means an agreement to accept a higher limit of liability for Loss or Damage to the Client’s Documents as described in this Addendum. Enhanced Liability Protection is not a contract of insurance. The Contractor is not an insurance company, nor are they acting as the Client’s agent. The Contractor shall not arrange insurance in the Client’s name. The Contractor assumes the risk of liability but may at its option arrange insurance which provides cover for its liability to the Client in certain circumstances.

Enhanced Liability Protection may not be available in certain circumstances, and the Contractor reserves the right to decline at its sole discretion where the Client has indicated that the Client wishes to opt for Enhanced Liability Protection.

Detailed terms

Enhanced Liability Protection – What does the Client receive?

·   In return for payment of the Enhanced Liability Charges, the Contractor agrees to accept a higher limit of liability for Loss or Damage to Documents and the maximum liability limit of £5.00 per Box as per paragraph 13.5.1 of the Terms and Conditions will not apply.

·   Instead, the Contractor’s liability for Loss or Damage to the Client’s Documents following a breach of their duty of care will be limited up to a maximum of (i) the Maximum Replacement Value; or (ii) the actual value of the Client’s Documents either lost or damaged (whichever is less), taking into account any Proportional Reduction (see definition below), and subject to certain exclusions (see ‘Exclusions – what Enhanced Liability Protection does not provide for’).

·   The Contractor’s liability to the Client under the Enhanced Liability Protection for Loss or Damage to the Client’s Documents is to be assessed as the Replacement Value (being the sum equivalent to the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution, but excluding the value of the information contained in the Documents).

·   If the Client submits a claim, additional claims processing administration charges apply. The Contractor will deduct a £50 charge from any settlement awarded to the Client to cover administration costs (defined as “Claims Admin Fee”).

The Contractor’s Duty of Care under Enhanced Liability Protection

The Contractor’s duty of care in relation to the Client’s Documents shall be that of a reasonably careful person under like circumstances. The Contractor shall not be liable for Loss or Damage to the Client’s Documents, however caused, while the Documents remains under the Contractor’s care, custody or control, unless such Loss or Damage resulted from the Contractor’s failure to exercise such care in relation to the Client’s Documents as a reasonably careful person would exercise under like circumstances, and the Contractor shall not be liable for Loss or Damage which could not have been avoided by the exercise of such care.

Enhanced Liability Protection – The Client’s Responsibility

To opt for Enhanced Liability Protection, it is the Client’s responsibility to provide the Contractor with a Maximum Replacement Value in the appropriate section on the Storage Agreement to indicate the Client wishes to opt for Enhanced Liability Protection.

The Client must notify the Contractor in writing of any change to the Maximum Replacement Value prior to their Documents being packed, collected or otherwise made ready for the removal and/or storage. If the Client does not notify the Contractor otherwise, it shall be assumed that the Maximum Replacement Value last provided to the Contractor in writing is accurate.

The Contractor’s Maximum Liability

The Contractor will have no liability under any circumstances for Loss or Damage to the Client’s Documents over and above the Maximum Replacement Value (or the actual value of Documents either lost or damaged if this is less than the Maximum Replacement Value).

Proportional Reduction

If the Maximum Replacement Value per Box the Client provides is less than the actual total Replacement Value of all of the Client’s Documents in a Box at the time of Loss or Damage, then the Contractor’s liability will be reduced to reflect the proportion that the Maximum Replacement Value bears to the actual total Replacement Value (“Proportional Reduction”). 

(For example: if the total Replacement Value of the Client’s Documents is £10,000, but the Client has declared a Maximum Replacement Value of £5,000, the Contractor’s liability will be reduced by 50%. So, if £3,000 worth of the Documents is lost or damaged, the Contractor’s liability would be £1,500.)


General Exclusions and Limitations

The Contractor excludes and limits certain types of Loss or Damage, as set out in paragraph 13.7 of the Terms and Conditions. Please read these exclusions and limitations carefully – they apply whether the Client opts for Enhanced Liability Protection.

The Contractor cannot provide Enhanced Liability Protection in respect of Digital Documents under any circumstances.

Why the Contractor restricts their liability

In certain circumstances, the Contractor limits or excludes their liability for Loss or Damage to the Client’s Documents. They do this because it is not always clear how the Damage was caused or who caused the Damage.

The Contractor also cannot accept liability for Loss or Damage which could not have been reasonably avoided. Please be reminded that Enhanced Liability Protection is not a contract of insurance, and the Client has the option to arrange their own insurance separately.

The Agreement

The Terms and Conditions also apply in full to this Agreement, save for, if the Client opts for Enhanced Liability Protection: (a) The agreement to accept a broader liability as described above (so, the limit in paragraph 13.5.1 is replaced by the Maximum Replacement Value (taking into account and Proportional Reduction) and the Contractor’s Duty of Care is as set out above); 

Enhanced Liability Charges

Additional charges may apply for Enhanced Liability Protection where the Maximum Replacement Value exceeds £25,000. The Contractor may also choose not to accept a higher limit of liability under Enhanced Liability where the Maximum Replacement Value exceeds £25,000.

The Contractor will tell the Client whether they can accept a higher limit of liability under Enhanced Liability and what additional charges may apply when the Client provides the Contractor with the Maximum Replacement Value. Unless and until there is an agreement on any additional charges payable, the Client will not be able to benefit from Enhanced Liability Protection.

Failure to pay Enhanced Liability Charges

If the Client fails to pay the Enhanced Liability Charges in full on the due date for payment (paragraph 5), the Client will not benefit from the higher limit of liability that the Contractor offers under the Enhanced Liability Protection and the Contractor’s liability to the Client will, instead, be in accordance with paragraph 13.5.1 of the Terms and Conditions (i.e. maximum of £5.00 per Box). At the Contractor’s sole discretion, they may choose to reinstate Enhanced Liability Protection on payment of any overdue or outstanding Enhanced Liability Charges, unless any Loss or Damage to the Client’s Documents has already occurred prior to payment of such charges.

Termination /Cancellation

·   The Client has the right to cancel the Enhanced Liability Protection by giving the Contractor written notice prior to the Services commencing. the Client may not cancel the Enhanced Liability Protection Once Services have commenced, except where the Client’s Documents are being placed into storage for more than one (1) month, in which case, the Client must give the Contractor notice in writing prior to removal of the Client’s Documents from storage. The Client can provide notice by emailing the Contractor at inbox@kellystorage.co.uk or by writing to the Contractor at Westfield Road, Slyfield Industrial Estate, Guildford, Surrey, GU1 1SB.

·   If the Client cancels the Enhanced Liability Protection prior to the Services commencing, the Contractor will refund all Enhanced Liability Charges paid.

·   If the Client’s Documents are in storage, and the Client gives the Contractor notice to cancel the Enhanced Liability Protection prior to removal of their Documents from storage, the Contractor will refund to the Client any Enhanced Liability Charges paid in advance for Enhanced Liability Protection in respect of the period after cancellation (e.g. from the date that the Contractor receives the Client’s notice to cancel).

·   The Contractor may cancel the Client’s right to benefit from Enhanced Liability Protection and terminate this Addendum at any time by giving the Client thirty (30) days’ notice in writing, except where it terminates or lapses prior to expiry of the notice period because the Client failed to make payments in accordance with this Agreement.

·   Where the Contractor cancels or terminates this Addendum, they will refund all Enhanced Liability Charges paid in advance in respect of the period after cancellation (e.g. from the date the Contractor notifies the Client of cancellation);

·   The Client will have the right to cancel the Services (prior to commencement) or storage with immediate effect but subject to paragraph 9 of the Terms and Conditions.