BoxCamp Storage Co. Terms and Conditions

These Terms and Conditions are an integral part of the BoxCamp Storage Company Online Order Form and Customer Agreement to which these Terms and Conditions are attached (collectively, the “Agreement”). In this Agreement, BoxCamp, LLC. is referred to as “BoxCamp” or the “Company”, and the customer is referred to as “you” or the “Customer”. This Agreement is the complete and full understanding between you and BoxCamp regarding the Services you have ordered pursuant to the Agreement. Any other terms, conditions, warranties, guarantees, undertakings, understandings or representations whether express or implied by statute (insofar as such statute permits), common law or otherwise or arising from conduct or a previous course of dealing or trade custom or usage are hereby excluded from this Agreement. No variation of this Agreement is binding on the Company unless agreed to in writing and signed by an authorized officer of the Company. To the extent of any conflict between the terms of the Order Form and Customer Agreement and these Terms and Conditions, these Terms and Conditions shall be controlling.

BoxCamp Storage

BoxCamp provides the following services: (i) delivery or shipping of packing materials (i.e., boxes and tape) to Customer’s residence; (ii) pick up of Customer’s possessions at Customer’s residence on the scheduled pickup date (the “Scheduled Pickup Date”) within the Pickup Period; (iii) transportation of items to a suitable storage location as chosen solely by BoxCamp; and (iv) delivery of the Customer’s possessions to Customer’s residence at the completion of the storage term on the scheduled drop-off date (the “Scheduled Drop – off Date”) within the Acceptable Drop – off Period as described below, (collectively, the “Services”).

Packing Materials

At Customer’s request, BoxCamp will deliver reasonable packing materials to your residence for packing your possessions.

Boxes not supplied by BoxCamp used by the Customer for storage will be charged based upon the dimensions of BoxCamp boxes, using the largest dimension of the nonconforming box to determine its comparable size to determine the applicable charge. Heavy boxes (boxes weighing over 40 pounds) will be charged a surcharge at the sole discretion of BoxCamp.

In the event a customer receives packing materials and wishes to cancel the service, BoxCamp is not required to “buyback” the materials. If a client chooses to cancel their pickup time for storage, they are forgoing the ability to return any unused packing materials and will be required to pay for those materials in full.

Pickup Services

Pickups will typically begin the weekend prior to the first day of final exams and end on the last day of the weekend following finals for a given school unless otherwise noted on the BoxCamp Website, www.BoxCamp.co, (the “Pickup Period”). A pickup falling outside of the Pickup Period will be subject to BoxCamp’s prevailing fee for pickups outside of the Pick – up Period, as such additional fee is set forth on the BoxCamp Website (Out of Window).

You are responsible for scheduling a one (1) or two (2) hour window of time (the “Pickup Window”) for BoxCamp to pick up your boxes during the Pickup Period. BoxCamp will send a representative to pick up the boxes from your residence on the Scheduled Pickup Date. BoxCamp cannot and does not guarantee that pickup of the boxes will occur at a specified time during the Pickup Window. The BoxCamp representative will verify your identity by asking you to produce an acceptable form of picture identification, and then transport the boxes containing your personal belongings to a storage facility.

In the event that Customer is unable to be present during the Pickup Window or if the pickup location changes, the Customer must provide notice to BoxCamp 24 hours prior to the Scheduled Pickup Date. Failure to provide timely notice will result in a charge to Customer of BoxCamp’s prevailing fee for pickups outside of the Scheduled Pickup Date, as such additional fee is set forth on the BoxCamp Website Pick Up fee (between $25-40).

If a Customer’s items are improperly packed and the Customer would still like to store those items, BoxCamp will pack or re-pack the Customer’s items, and Customer shall pay an additional fee at BoxCamp’s prevailing hourly service rate, as such hourly service rate is set forth on the BoxCamp Website. This fee will not include any packing materials used. Packing materials will be charged separately, according to BoxCamp’s prevailing packing material fees, as such additional fees are set forth on the BoxCamp Website.

Additional fees and charges will be assessed if the Customer does not live within a two (2) mile radius of the main campus at the school. BoxCamp will assess such fees and charges based on the distance from the main campus and the time it takes to travel to such location, according to BoxCamp’s prevailing standard rates for delivery and travel, as such standard rates are set forth on the BoxCamp Website. In any event and in addition to any other applicable fees and charges, a minimum fee of $50.00 will be charged for any pick – up or drop-off that is not within a ten (5) mile radius of the school’s main campus.

Storage Services

BoxCamp will store your belongings at a storage location selected by BoxCamp. Subject to the terms set forth herein, BoxCamp will store the Customer’s belongings between the Pickup Date and the Drop-off Date. Customer will be charged for storage services during a storage period commencing on the first day of final exams at the school, through the first day of scheduled classes in the following school year (the “Storage Period”). The total charges for Storage services are based on a per item fee as listed on www.BoxCamp.co.

You acknowledge that you have inspected each box and each one is now in good condition and suitable for the intended purpose of storing your goods and personal belongings. BoxCamp is not responsible for any damage caused to a box or its contents as a result of your negligence or willful misconduct or that of your agents or representatives. You will make no alterations or additions to a box without BoxCamp’s written permission.

You represent that you are the lawful owner of the items being stored or are otherwise authorized to execute this Agreement on behalf of the lawful owner. Items being stored must be packaged by Customer suitably for storage purposes, and must not be prone to fire, leakage, moisture, spoilage, contamination or explosion, or be deemed hazardous materials under any applicable laws. The Customer undertakes not to store any items in violation of any applicable laws.

Drop-off Services

The standard drop – off time period will include the first day of class at a given school, the three (3) days prior to the first day of class, the “Standard Drop – off Period”). An early drop-off may be scheduled during the weekend before the Standard Drop-off Period. This day may either fall on a Saturday or Sunday, subject to the discretion of BoxCamp. A late drop – off may be scheduled during the weekend after the standard Drop – off Period, which may either be a Saturday or Sunday, subject to the discretion of BoxCamp. All of the foregoing time periods are referred to as the “Acceptable Drop – off Period”. Any drop – off falling outside of the Acceptable Drop – off Period will be subject to an additional fee, as such additional fee is set forth on the BoxCamp Website. (Out of Window Fee)

You are responsible for scheduling a one (1) or two (2) hour window of time (the “Drop – off Window”) for BoxCamp to drop – off your boxes during the Acceptable Drop – off Period. BoxCamp cannot and does not guarantee that drop – off of the boxes will occur at a specified time during the Drop – off Window. BoxCamp will make one (1) attempt to deliver the Customer’s items to Customer’s residence on the Scheduled Drop – off Date. If a delivery attempt is unsuccessful, the Customer’s items must either be picked up at the storage facility at a time acceptable to BoxCamp and subject to BoxCamp’s prevailing Customer Drop – off Fee (TBD), as such additional fee is set forth on the BoxCamp Website, or, subject to scheduling and driver availability at the sole discretion of BoxCamp, BoxCamp will make one (1) additional delivery attempt subject to BoxCamp’s prevailing Repeat Drop – Off Fee, as such additional fee is set forth at the discretion of BoxCamp.

The Customer may request that BoxCamp deliver their items to an authorized third party or that BoxCamp leave Customer’s items outside of their residence, provided that the Customer has provided the name and location of the third party authorized to accept delivery of the Customer’s items, and the Customer executes such additional documentation as required by BoxCamp. The authorized third party must present photo identification and sign a release and waiver at the time of delivery. BoxCamp is not responsible for any loss or damages to the Customer’s items resulting from a delivery to an authorized third party.

In the event that a Customer has stored their items with BoxCamp and would like their items shipped to them instead of being dropped off in accordance with BoxCamp’s drop – off policy herein, BoxCamp will ship the Customer’s items to the Customer at the sole expense of the Customer in addition to the BoxCamp standard shipping fee as set forth on the BoxCamp website. BoxCamp is not responsible for any damage or loss that results from the shipping of the Customer’s items.

Out-Of-Window Fee

Unless otherwise specified by written communication, drop-offs or pickups made outside of the Acceptable Drop – off or pickup period is subject to a holding fee at the discretion of BoxCamp.

Our Right to Access Boxes

We may open any of your boxes without providing you with any prior notice in cases of emergency, which would include, but is not limited to, situations when, in our discretion, we need to: (i) make any repairs to the box or replace the box (however we are not obligated to repair or replace any boxes); (ii) locate and remove any property which appears to be seeping out of the box, or which appears to be emitting fumes or odors from the box, or which appears to be harming or endangering any other box or the property of any others; (iii) enforce the terms of this Agreement, including all our rights and remedies; (iv) open the box for security reasons generally; or (v) comply with any Court Order or applicable law or regulation. At all other times, we will provide you with reasonable notice prior to opening a box containing your belongings.

Your Right to Access Boxes

Provided your account with us is paid in full and you are not in default, you have the right to access your boxes from time to time without canceling this Agreement, for the purpose of inspecting, removing or adding stored goods, by contacting us. Alternatively, you may arrange for drop – off of the box at your residence, subject to BoxCamp’s prevailing Drop – off Fee, as such additional fee is set forth on the BoxCamp Website. Please note that BoxCamp requires a minimum of 24 hours prior notice in order to accommodate all such requests, and that you will be required to confirm your identity by means of an acceptable form of picture identification before our representatives will allow you access to your boxes.

Payment

The Customer agrees to pay the total cost of the Services provided by BoxCamp as indicated on the Online Order Form and Customer Agreement, plus applicable taxes, in accordance with the payment terms set forth on the Order Form and Customer Agreement. Pricing can be found on the BoxCamp Website, in the Pricing Section and on the Order Form. The Customer further agrees to pay any applicable fees and charges as specified in this Agreement or on the BoxCamp Website, which fees and charges are subject to change at any time. Customer acknowledges that there shall be no refunds or credits provided to Customer, except as expressly set forth in this Agreement.

If the Customer pays by credit card, the Customer hereby authorizes BoxCamp to charge Customer’s credit card in accordance with the payment plan selected by the Customer. In the event that a Customer’s payment cannot be authorized all charges associated with this Agreement must be paid in full in order to receive your items before the time of their delivery, plus any applicable late fees or other applicable fees and charges.

If Customer fails to pay any amount within thirty (30) days after it is due, the Customer’s possessions shall be deemed abandoned, and BoxCamp shall have the right, but not the obligation, to take any reasonable action to dispose of any abandoned property, to recover any outstanding balance from the Customer. Customer shall be responsible for any costs incurred by BoxCamp in connection with disposal of Customer’s property. BoxCamp will have no obligation whatsoever to disclose information concerning action taken if any, and may still take necessary legal measures to obtain payment for Services provided from the Customer. BoxCamp shall have no obligation to return any proceeds from the disposal of the Customer’s property, and any proceeds in excess of the outstanding balance owed to BoxCamp under this Agreement shall be retained by BoxCamp as liquidated damages.

Limitation on Liability

YOU HAVE FULL RESPONSIBILITY FOR, AND BEAR ALL RISK OF LOSS OR DAMAGE TO THE BOXES AND THEIR CONTENTS, AND FOR ANY DAMAGE CAUSED TO YOUR PROPERTY OR TO THE PROPERTY OF OTHERS BY THE BOXES OR BY THEIR CONTENTS WHILE THE BOXES REMAIN IN YOUR POSSESSION, INCLUDING WHILE THE BOXES ARE ON YOUR DRIVEWAY OR LOADING DOCK, OR IN ANY HALLWAY OR ANY OTHER COMMON AREA OF YOUR RESIDENCE.

SUBJECT TO THE SECTION ENTITLED INSURANCE, FOLLOWING PICK – UP OF YOUR BOXES FROM YOUR RESIDENCE UNTIL THE BOXES ARE DELIVERED TO YOU, BoxCamp DOES NOT ASSUME ANY RISK FOR LOSS OR DAMAGE TO THE PERSONAL PROPERTY YOU HAVE PLACED IN THE BOXES FOR STORAGE, NO MATTER HOW THE LOSS OR DAMAGE MAY BE CAUSED, EXCEPT FOR LOSS OR DAMAGE CAUSED DIRECTLY BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND IN ANY EVENT BoxCamp’S AGGREGATE MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE FEES YOU PAID FOR THE SERVICES.

Customer shall defend, indemnify and hold harmless BoxCamp and its employees, agents and representatives from and against any and all claims, actions, demands, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of, in connection with or related to the Services provided under this Agreement or any breach or default by Customer of any agreement, covenant, representation or warranty of Customer under this Agreement.

Discounts and Promotions

Once added to an account, coupon codes must be activated by the customer to have the discount or promotion applied to his or her account.

Insurance

Additional insurance can be purchased through BoxCamp. Initial insurance is free per $100 dollars of insurance coverage per item stored (box, appliance, mini fridge, etc.). A Customer may purchase insurance up to $200 per item for $10. Any item additionally insured must be itemized in writing and submitted to BoxCamp at the time the insurance is purchased. It is the sole responsibility of the Customer to obtain any additional insurance coverage. Except as expressly set forth above, all items stored in the storage facility are at the sole risk and expense of the Customer, who is responsible for arranging the appropriate insurance coverage.

IKEA CLAUSE: WE WILL NOT INSURE ANY IKEA FURNITURE AT ANYTIME.

BoxCamp does not insure against any damage to: intellectual property (e.g., computer files), heirlooms, extremely fragile items, improperly packed items, concealed damages, or minor damage due to normal handling (e.g., scratches, nicks, etc.), or damages due to natural disasters, damage occurring while not in the possession of BoxCamp, or any damage occurring without evidence of physical damage to the exterior of the box.

Customer Information

You are required to notify us immediately of any changes to your name, address, contact information, credit card, by contacting us at 877-BOXES-01. The Customer warrants that any personal information that he or she provides to BoxCamp is truthful, complete and accurate.

If, as a result of your failure to provide us with updated information, BoxCamp is unable to process any fees or charges payable under this Agreement, or if BoxCamp is unable to contact you in the event of an emergency, BoxCamp may deem your property to have been abandoned, and dispose of any such property as provided herein.

The Customer hereby authorizes BoxCamp to obtain consumer reports, and any other information it deems necessary, for the purpose of evaluating Customer’s application. Customer understands that such information may include, but is not limited to, credit history, civil and criminal information, records of arrest, rental history, employment/salary details, vehicle records, licensing records, and/or any other necessary information. Customer further understands that subsequent consumer reports may be obtained and used under this authorization in connection with an update, renewal, extension or collection with respect to or in connection with the Services for which this application was made.

Governing Law

This Agreement shall be governed by the laws of the State of California, without regard for conflicts of law.