urBin
CUSTOMER SERVICE AGREEMENT
Welcome to urBin! This Customer Service Agreement ("Agreement") is a legally binding contract between you ("User" or "you" or "Customer") and urBin ("Company" or "we" or "us"), governing your use of our on-demand storage and moving services, subscription, pickup, delivery, packing, handling, transporting, inventorizing (the "Service(s)"). urBin is committed to providing high-quality services to our users, and this Agreement sets out the terms and conditions that you must agree to before using our services.
By accessing or using urBin's services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not access or use our services.
This agreement is to be read and undertaken by the Customer in conjunction with the User Terms and Conditions
URBIN SERVICES.
urBin provides storage and moving services to its users. (the "Storage services", "Service(s)", "Subscription") refer to the pickup, transportation, and secure storage of your items at one of our facilities. The Storage Services provided by urBIn may include and subject to different payment plan, items imaging/photos, online inventorying, and handling the customer items. These services may also include the pickup or delivery of the customer's items from or to the customer's specified location as well as storage in a facility that is either owned, rented, subleased, authorized, or sublicensed by urBIn. urBin may also offer from time to time and at its sole discretion services such as wrapping, packing, crating, assembling, disassembling or boxing the customer's items. urBIn may also offer further services at an extra cost on a case by case.
(the "Moving services") refer to the specific or multiple pickup location(s) (the "pickup address"), transportation, and delivery to specific or multiple location(s) (the "delivery address") of the customer items. urBin may also offer from time to time and at its sole discretion services such as wrapping, packing, crating, assembling, disassembling or boxing the customer's items. urBIn may also offer further services at an extra cost on a case by case.
In addition to these primary services, we may also offer additional services or features, such as packing materials or insurance options by a third party, that are subject to separate terms and conditions.
By using our services, you agree to comply with all applicable terms and conditions, as well as any policies and guidelines that may be posted on our website or otherwise provided to you. "Services" include any and all services provided by urBin, including but not limited to the storage and moving services described above, as well as any additional services or features offered by urBin from time to time.
Customer items (the "items", "customer items", "belongings") refer to personal or business belongings that are stored, moved, packed, transported, or handled by urBin or its subcontractors on behalf of the customers. These items may include but are not limited to furniture, household goods, electronics, documents, and other personal or business property. Customers are solely responsible for the items they store with urBin and must ensure that they are legally entitled to store or move these items. urBin reserves the right to refuse storage or moving services for items that we deem hazardous, illegal, or in violation of our terms and conditions.
By using urBin's services, you acknowledge and agree that you are solely responsible for the items you store with us. You agree to indemnify and hold urBin harmless from any and all claims, damages, or liabilities arising from your use of our services.
SUBCONTRACTORS
urBin may use subcontractors or other third-party service providers to perform certain services on our behalf, including but not limited to, storage and moving services as describe in Services. We take reasonable measures to ensure that these third-party providers are competent, qualified, and capable of providing high-quality services to our customers. However, we cannot be held liable for any damages or losses that may arise from the actions or omissions of these third-party providers. urBin makes efforts to ensure that all Customer Items are transported or stored in suitable environments. However, due to the diverse range of items transported and stored by urBin, some items may require specific transportation or storage conditions that cannot be guaranteed. Therefore, urBin does not provide any warranty that any transport vehicle or storage facility they use is suitable for every Customer Item. By using our services, you acknowledge and agree that urBin may engage subcontractors or other third-party service providers to perform certain services on our behalf.
FEES, SUBSCRIPTION PAYMENT, CANCELLATION
Promotions. urBin may, from time to time, offer promotions, discounts, or other special offers to our customers. These promotions are subject to the terms and conditions outlined on our website or as otherwise communicated to you in writing. urBin reserves the right to modify or cancel any promotions at any time without notice.
Promotions may be subject to additional terms and conditions, such as expiration dates, minimum purchase requirements, or restrictions on the use of the promotion. It is the responsibility of the customer to review and understand the terms and conditions of any promotion before participating in it.
urBin may also offer referral programs or other incentives for customers who refer new customers to us. These programs are subject to the terms and conditions outlined on our website or as otherwise communicated to you in writing. urBin reserves the right to modify or cancel any referral programs or incentives at any time without notice.
Payment Method. urBin accepts various forms of payment for our services, including but not limited to credit card, debit card, electronic and bank transfer. By providing us with your payment information, you authorize us to charge the applicable fees to your chosen payment method.
You are responsible for ensuring that your payment information is accurate and up-to-date. If your payment is declined, you will be notified and given the opportunity to update your payment information or provide a new payment method. If you fail to provide a valid payment method or if your payment is declined, your access to our services may be suspended or terminated.
urBin takes reasonable measures to ensure the security and confidentiality of your payment information. However, we cannot guarantee the security of any information transmitted over the internet or stored electronically. By using our services, you acknowledge and accept the risks associated with transmitting and storing your payment information electronically.
Recurring Payment. By Subscribing/Booking/Reserving urBin services, you give us permission to charge you for the first subscription period and a monthly subscription fee that may change over time. You understand that the monthly amount charged may vary due to promotional offers or changes to your plan, and you authorize us to charge your Payment Method for these varying amounts. Additionally, you agree to pay any other fees related to your use of the services, including account set-up fees, taxes, cancellation fees, or late fees. BY USING URBIN STORAGE SERVICES IN A SUBSCRIPTION PLAN, YOU ARE COMMITTING TO A RECURRING PAYMENT CYCLE THAT WILL CONTINUE FOR THE AGREED-UPON SUBSCRIPTION PERIOD OR MINIMUM STORAGE TERM, IF APPLICABLE. THE AGREED-UPON SUBSCRIPTION WILL AUTOMATICALLY BE RENEWED FOR ADDITIONAL PERIODS ON A MONTH-TO-MONTH BASIS UNLESS YOU CANCEL THE SUBSCRIPTION OR URBIN AT ITS SOLE DISCRETION SUSPENDS, DISCONTINUES, OR TERMINATES THEM.
PLEASE NOTE THAT YOU WILL STILL BE RESPONSIBLE FOR PAYING SUBSCRIPTION PAYMENTS EVEN IF YOU DON'T USE THE SERVICES UNTIL YOU CANCEL YOUR SUBSCRIPTION, OR IT'S TERMINATED.
Late Fee. If you fail to make a payment for urBin's services within 5 calendar days past the due date specified in your billing information or as otherwise agreed upon in writing by urBin and the customer, urBin at its discretion may charge the customer a late fee (the "Late fee"). The late fee will be added to Any Other Amounts Due. The late fee will be charged as 25% of the monthly outstanding balance or the maximum allowed by law and will be specified in your invoice or as otherwise communicated to you in writing.
If you fail to make a payment for urBin's services for an extended period of time, urBin may take further action to recover the outstanding balance, including but not limited to engaging a collection agency or taking legal action. You will be responsible for any fees or expenses incurred by urBin in connection with these actions.
urBin reserves the right to modify the late fee policy at any time. We will notify you of any changes to the late fee policy via email or through our website. If you do not agree to the new late fee policy, you may cancel your services in accordance with the terms outlined in our cancellation policy.
Refunds. Any fees you pay, including your monthly subscription fee and any other fees/payments, are not refundable unless we inform you otherwise at the time of Booking/Reservation.
If your Subscription Services are canceled before the minimum storage term you committed to has been met, you will not receive a refund for the then-current subscription period. You will be responsible for paying all applicable fees, including but not limited to payment for the remainder of the minimum storage term, termination fees, disposal fees, and/or return fees. These fees will be charged to you upon booking a final return of your stored Items.
However, we will provide a refund to subscribers/customers for their current prepaid subscription or services only in the following circumstances: (i) if you cancel your subscription/service and request a refund within 7 days prior to your subscription/service scheduled date (ii) urBin reserves the right, at its sole discretion to issue a refund without waving in other rights.
Please note that urBin reserves the right to deny a refund request if we believe that the request is not valid or if the request is made outside of the scope of our refund policy. urBin also reserves the right to modify our refund policy at any time without notice.
Price Changes. urBin reserves the right to adjust the pricing of our services at any time. If we make any changes to the pricing of services, they will take effect after your committed agreed-upon subscription period or minimum storage term. We will notify you of any changes by posting a notice on the website or mobile application or by using other means of communication that we deem appropriate, such as email. If you choose not to cancel your subscription, we will assume that you have accepted the new fees.
Cancellation of Service. You may cancel your services with urBin at any time by providing us with written notice or using your personal online portal. If you cancel your services before the minimum storage duration plan you committed to has been met, you will not be entitled to any refunds for the remaining time on your subscription.
If you are canceling a recurring subscription service, you must provide written notice to urBin at least 30 days prior to the end of the current subscription period. If you fail to provide timely notice of cancellation, your subscription will automatically renew for the next billing period and you will be responsible for paying the applicable fees.
If you cancel your services, you will lose access to the benefits and features of our services immediately upon cancellation. You will also be responsible for any outstanding fees or charges owed to urBin at the time of cancellation.
urBin reserves the right to cancel your services at any time without notice, including for non-payment or violation of our terms and conditions. If urBin cancels your services, you will not be entitled to any refunds for the remaining time on your subscription.
FACILITY LOCATION
urBin may store and move your items from one or more of our facility locations. Please note that the location of your items may change from time to time, depending on a variety of factors, including the availability of storage space and the location of the items for transport. urBin makes no guarantees as to the availability of storage space or the location of your items at any given time.
PROHIBITED ITEMS
In accordance with the terms of this Agreement, you, the Client, expressly acknowledge and agree that you shall not provide to urBin, nor store or transport via the Services provided by urBin, any items, materials, or substances listed herein or categorized as Prohibited Client Items. Prohibited Client Items include, but are not limited to, antiques (irrespective of their fragility), perishable goods, firearms, gun powder, explosives, alcohol, propane tanks, paint, used tires, plants, birds, fish, other animals or living organisms, arms or ammunition, items emitting fumes, smells, or odors, expensive metals (e.g., gold or silver), jewelry, currency, ivory, precious stones, drugs or illegal materials as they are defined by law, goods or substances obtained unlawfully, combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other harmful or dangerous materials, any other toxic, flammable or hazardous goods, human remains, or any other items, the possession, usage, transport, or storage of which may negatively impact any of your other Client Items or be in contravention of any laws, rules, or regulations applicable in the United States or any other relevant jurisdiction (collectively referred to as "Prohibited Client Items").
You hereby agree to indemnify, defend, and hold harmless urBin and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your provision, storage, or transport of Prohibited Client Items. Furthermore, urBin shall not be held liable or responsible for the safe delivery or storage of any Prohibited Client Items.
In addition, urBin expressly disclaims any liability for loss or damage arising from or relating to the following types of goods: (a) documents; (b) stamps or stamp collections; (c) securities; (d) specie; (e) jewelry; (f) precious metals or stones; (g) currency; (h) or other articles of high or unusual value. You acknowledge and agree that urBin shall not be held liable or responsible for any loss or damage to such items, whether directly or indirectly, and you shall not seek any compensation, reimbursement, or damages from urBin in connection with any such loss or damage.
DEFAULT AND REMEDIES
In the event that the customer fails to pay (the "payment default") for the storage or moving services provided by urBin, or otherwise breaches the terms of the agreement, urBin shall have the right to take any and all legal actions necessary to enforce its rights, including but not limited to seeking monetary damages and terminating the agreement. Additionally, urBin may exercise any available remedies under applicable law, including but not limited to:
a. urBin RESERVES THE RIGHT, AND THE CUSTOMER HEREBY GRANTS URBIN THE RIGHT TO PLACE A LIEN ON ALL OF THE CUSTOMER ITEMS STORED WITH urBin UNTIL ALL OUTSTANDING DEBTS OWED BY THE CUSTOMER ARE PAID IN FULL. THIS MEANS THAT THE CUSTOMER WILL NOT BE ABLE TO ACCESS OR REMOVE THEIR PROPERTY UNTIL THE DEBT IS SATISFIED.
b. Seizure of Property: If the customer fails to pay for the storage or moving services provided by urBin, or otherwise breaches the terms of the agreement, urBin may seize any property stored with urBin to satisfy any outstanding debts owed by the customer.
c. Legal Action: urBin may take any necessary legal action to enforce its rights or to collect any outstanding debts owed by the customer. The customer shall be responsible for all costs and expenses incurred by urBin in connection with any legal action taken to enforce its rights or to collect any outstanding debts owed by the customer.
d. IN THE EVENT OF A PAYMENT DEFAULT OR IF THE CUSTOMER FAILS TO RETRIEVE THEIR ITEMS OR ABANDONS THEM, URBIN MAY, AT THEIR SOLE DISCRETION, SELL OR DISPOSE OF THE ITEMS. THE CUSTOMER WILL BE RESPONSIBLE FOR ANY CHARGES AND ASSOCIATED COSTS INCURRED BY urBin DURING THE WITHHOLDING, SALE, OR DISPOSAL PROCESS. urBin WILL NOTIFY THE CUSTOMER IN WRITING VIA EMAIL OR TEXT AND GIVE THEM 30 DAYS TO PAY ALL OUTSTANDING AMOUNTS. If the Customer fails to pay within the notice period, urBin may sell or dispose of some or all of the items in accordance with applicable laws and use the proceeds to offset the outstanding balance. If, for any reason, urBin cannot sell the items for a reasonable price, or if the items remain unsold despite reasonable efforts, urBin may treat them as abandoned and dispose of them at the Customer's expense.
The remedies set forth in this section are not exclusive and urBin may pursue any other remedies available under applicable law. urBin may also exercise its remedies in any order it deems appropriate. The customer acknowledges and agrees that urBin shall not be liable for any losses, damages, or expenses arising out of or in connection with the exercise
INSURANCE
urBin is NOT REQUIRED TO CARRY INSURANCE All property is stored at customer risk. Customer, at Customer's sole expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism, and malicious mischief insurance for the actual cash value of stored property. Customer waives any rights of recovery against urBin for any Loss and Customer expressly agrees that the carrier of any insurance obtained by Customer shall not be subrogated to any claim of Customer against urBin and any such claim of subrogation is hereby expressly waived on behalf of Customer and all of its insurers. urBin has not explained any coverage or assisted Customer in making any decision to purchase any particular insurance policy. urBin is not making any representations about the coverage provided by such insurance policy. Subject to this agreement and the USER TERMS AND CONDITIONS agreement outline the terms and conditions under which urBin will reimburse you for any loss or damage to your stored items while in urBin's possession. The reimbursement is subject to specific terms and, conditions, as stated herein, urBin may reimburse loss or damage to your stored items due to theft, deliberate damaging, or loss, up to a total maximum of US $0.60 per pound per customer (the "Reimburse Policy"), as mandated by applicable law. Additionally, In the case, urBin is directly responsible for said loss or damage, if by deliberately or if by negligent, it is agreed by the customer the total reimbursement amount paid by urBin will not exceed $2000.
You must notify urBin of any damages while urBin team member remains present for the damage inspection during or after your appointment, but in any case, no later than seven calendar days to be eligible for reimbursement. urBin will not assume any responsibility for any claim if the customer or a third party on the customer's behalf contributes in any way to the said claim. urBin cannot be held responsible for any damages to stored items that have not been expressly checked or packed and handled by urBin. This exclusion also applies to items that may be hidden or hazed by other items or packaging.
ADDITIONAL APPLICABLE BIN CHARGES
If applicable, Customer Shall Pay To urBin The Following Additional Plastic Bin container (the "Bin", "container") Charges:
a. In the event customer shall payment default by the tenth (10th) day after the due date, the customer shall pay, in addition to any other amounts due, a late charge of up to $25 per container.
b. If Customer is default in the payment due under this agreement for more than thirty days (30), Customer shall pay a lien handling charge of up to $75.00 per container for urBin's costs in processing the delinquent account, including lien sale costs, whether or not a lien sale occurs.
c. If Customer fails to return the container clean and free of debris, Customer shall pay to urBin a cleaning charge of $150.00.
d. in the event the container is not returned to urBin within two weeks of redelivery of such container to Customer after an event of termination, Customer will be charged $250.00 for the cost of the container.
RESTRICTED WARRANTY AND LIMITATIONS
This Limited Warranty and Liability Provision ("Provision") is issued by urBin Storage Solutions ("urBin"). By using our services, you agree to the terms and conditions contained herein, as well as the terms of our User Agreement.
WARRANTY COVERAGE
a. Should any of your items, when properly packed and stored with urBin, experience damage, loss, or unauthorized access while in our custody, urBin pledges to reimburse you at a rate of US $0.6 per pound for each impacted item.
b. In cases where our actions, marked by severe negligence or deliberate wrongdoing, result in harm to your property, urBin will be responsible for such damages, not exceeding US $800 per account holder/s.
CLAIM ELIGIBILITY
a. To qualify for claims due to harm to your household, business, or personal goods, you must notify urBin of the damage while our personnel are present, either during or right after our service provision, and in any case no longer than 4 days past the service provision.
b. Exclusions: urBin is not accountable for damages to items that haven't been directly inspected, packed, sealed, and photographed by us. Items obstructed/hidden by other items or packaging materials are also exempted from this Provision. We retain the right to evaluate the worth of damaged or missing items and decide if an item is repairable.
ENHANCED COVERAGE OPTIONS
urBin reserved the right to offer from time to time and for selected users the option to purchase supplementary protection levels of $1,000 or $2,500 per account holder. For more info and terms, please reach out to our customer service. By declining this supplementary protection or defaulting on payments, your protection will revert to the base rate of US $0.6 per pound per article.
CLAIM PROCEDURES
a. Pre-storage / Pickup by urBin photographs of items are mandatory. All items must be stored in urBin-approved containers or boxes. Upon retrieval, inspect your items immediately and report any discrepancies within four days of receipt.
b. In the event of a claim, urBin will initiate a complete review. Compensation will be the lesser of the repair expense or the current market value, up to the selected coverage cap as described above. Proof of value or repair cost may be presented.
LIMITATIONS AND EXCLUSIONS
Failing to comply with our User Agreement or this provision, including the absence of pre-storage/pickup photographs or delayed damage reporting, releases urBin from any responsibility and or liability. This Provision does not replace personal insurance. urBin disclaims liability for indirect damages or those not arising from our oversight or breach.
FINAL RECOURSE
By using urBin services you are accepting this provision as your sole remedy with urBin concerning items lost, stolen, or damaged under our supervision.
DIGITAL IMAGE UPLOAD FEATURE - IMAGE UPLOAD AND MANAGEMENT
Permission to Upload: Users are granted the ability to upload digital images ("Images") of their stored items to their personal accounts on Company. This feature is intended to help users manage and identify their stored items more easily.
USER RESPONSIBILITIES:
Users must ensure they have the right to upload the Images and that the Images do not infringe on any third party's rights, including but not limited to copyright, privacy, and trademark rights.
Users agree not to upload Images that are illegal, offensive, or otherwise inappropriate according to the community standards upheld by Company.
Users acknowledge that they bear sole responsibility for the Images they upload and the implications of any such upload.
LICENSES:
By uploading Images, users grant Company a non-exclusive, worldwide, royalty-free license to store, display, and use the Images for the purpose of providing the storage service and any associated services. This includes the possibility of displaying the Images to the user within their personal account and potentially in aggregated or anonymized formats for the enhancement of Company services.
This license does not grant Company the right to sell or distribute the Images outside the scope of service enhancement and delivery.
DATA PROTECTION AND PRIVACY
Company commits to protecting the privacy and security of the uploaded Images in accordance with applicable data protection laws and our Privacy Policy. Access to the Images will be limited to the user and authorized Company personnel as required for the provision of services.
Users have the right to remove or request deletion of their Images at any time, subject to the terms and conditions of the Company service agreement.
Modification and Removal of Images: Company reserves the right to remove or request modification of any Image that violates this agreement, without prior notice to the user.
Changes to the Feature: Company reserves the right to modify, suspend, or discontinue the image upload feature at any time, with or without notice to the user, without liability.
LIMITATION OF LIABILITY:
Company assumes no responsibility or liability for any image uploaded by users to their personal accounts. The user acknowledges and agrees that they upload images at their own risk and are solely responsible for their content and the consequences of uploading such images.
Indemnification: Users agree to indemnify and hold harmless Company, its affiliates, officers, agents, employees, and partners from any claim, demand, loss, liability, or expense, including reasonable attorney's fees, arising out of or in connection with the Images they upload, their use of the Company service, their breach of this agreement, or their violation of any rights of another.
Content Control: While Company reserves the right to review and remove images that violate this agreement or are otherwise objectionable, this does not obligate Company to monitor uploaded content. Company disclaims any responsibility for monitoring the service for inappropriate or illegal content or conduct by users.
PROHIBITED CONTENT FOR IMAGE UPLOADS:
Users are strictly prohibited from uploading images that contain or constitute:
Illegal Content: Images that depict or encourage illegal activities, including but not limited to theft, drug manufacture or distribution, and violence against people or animals.
Intellectual Property Violations: Images that infringe on the copyrights, trademarks, patents, trade secrets, or other intellectual property rights of any third party.
Explicit Content: Images that are pornographic, contain nudity, or are otherwise sexually explicit.
Hate Speech and Violence: Images that promote hate speech, violence, or discrimination against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
Personal and Confidential Information: Images that display personal or confidential information without consent, including but not limited to personal identification numbers, bank account details, non-public contact information, or private documents.
Malicious Content: Images containing malicious content such as malware, viruses, or any other software that may harm another user's computer or lead to unauthorized access to or use of data or personal information.
Deceptive Practices: Images that are intended to deceive or mislead users, including but not limited to scams, phishing attempts, and fraudulent schemes.
Users found to be uploading images that violate these prohibitions may be subject to account suspension or termination, and may also be reported to law enforcement authorities as required by law or in response to a lawful request.