These Terms and Conditions form a legally binding agreement between you (“you”, “your”, the “User”, the “Host” or the “Renter”, as applicable) and NXTSTOR, LLC (“NXTSTOR”, “we”, “us”, “our”, or the “Company”) which governs your use of this website (the “Website”) and our services.
By clicking “I ACCEPT”, you register as a user of NXTSTOR (“User”) and you enter a legally binding agreement with NXTSTOR on the following terms. You warrant that you have full legal capacity to enter into this agreement. If you do not accept all the Terms and Conditions you must not use or access the Website or the services made available on the Website.
NXTSTOR reserves the right to amend these Terms and Conditions from time to time without notice. You will be deemed to have read and accepted these Terms and Conditions, including any changes, each time you use the Site.
Space: the physical storage area at the Hosts’ address in which Stored Goods are stored under the contract
Host: the User whose space is listed via the Website where a Renter can store Stored Goods.
Renter: the User who agrees to rent a particular Space for storage purposes.
Listing: the advertisement on the Website that contains the Space
Storage Contract: Agreement between a Host and a Renter to utilize a Space for the storage of Stored Goods.
Stored Goods: means the goods and items to be stored under a Contract
Total Fee: Consists of the aggregate of Listing Rent and NXTSTOR Commission and any applicable taxes.
Listing Rent: The price applied by a Host for the use of a storage Space in a particular Listing.
NXTSTOR Commission: Fee paid to NXTSTOR calculated as 15% (excluding sales taxes) of the Listing Rent.
Host Guarantee Contribution: Contribution deducted from Listing Rent calculated as 0% (excluding sales taxes) of the Listing Rent.
Prohibited Goods: The following items which may not be stored through a Contract under any circumstances: Toxic, polluted or contaminated goods; firearms, munitions, weapons or explosives; radioactive materials; flammable, corrosive, or hazardous goods; living or dead plants or animals; food or perishable goods ; anything damp, moldy, rotten or infested with or damaged by insects or parasites; any item which emits any fumes or strong odor; cash and securities; illegal goods; medicines or medical supplies, stolen items; waste; or any item whose presence would invalidate any insurance policy which would otherwise cover the items or the storage space
Purpose of site: NXTSTOR makes available a platform or marketplace with related technology for Renters and Hosts to list, quote and arrange for bookings of storage, parking or other available space (“Contract”). The Company is not a rental agent or property broker. While NXTSTOR is a party to the agreement formed by your acceptance of this Terms and Conditions, NXTSTOR acts as an intermediary for Users to transact and is not considered a party to the Storage Contract between the Host and the Renter.
We reserve the right to close your account or to remove or disable access to any Listing for any reason, including Listings that NXTSTOR, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms and Conditions.
NXTSTOR does not recommend or endorse any User, Host, Renter or Listing.
The laws of the State of Ohio, United States apply to these Terms and Conditions and the parties submit exclusively to the courts of that jurisdiction.
Obligations of all Users
Registration with the Website requires the User to either log in via Facebook or supply your name, an email address and a password. Once registered, you will receive a User identification number, which together with your [name], email address and password constitute the “Registration Details” of your User account.
When you create a user account, we require you to verify your identity. You warrant that all identity documents you provide are complete, current and accurate. You must promptly notify us of any changes to these identity documents within 7 days (for example, changing your name or contact address).
Each Listing by a Host is an offer to enter a legally binding Storage Contract with the Renter. If the Renter indicates through the website that the proposed terms of the Listing are accepted, the Host will receive by email the booking request, to which the Host must respond within 48 hours. In the absence of response, the request is considered rejected. If he accepts the reservation, the Contract is confirmed and the Total Fee is collected from the Renter.
Specific Obligations of Hosts
To create a Listing, the Host must describe the Space, along with any conditions of storage they wish to apply, on the listing page of the Website. Such description may include text, graphics, pictures and other relevant content and will include details size, location, security, level and frequency of access offered, price, and any other details that the Website may require.. All descriptions and information contained in a Listing must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Space becomes unavailable for any reason, you agree to remove or suspend the Listing as soon as reasonably practicable.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter's use of, a Space in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties.
The Host can provide two levels of access for any Listing – a) Full Access, which gives a Renter on-demand access to the Space during the duration of the Contract (which may be 24/7 or other hours as set by the Host and b) Partial Access, which restricts a Renter’s access to the Space during the Contract to times where the Host is available, upon notice, to accompany the Renter to the Space.
Where Full Private Access is provided, the Renter is responsible for all damage to the storage Space that would be caused by the objects stored by Renter or by any negligent act or omission of the Renter and agrees to pay reasonable compensation in the unlikely event of damage to the Space caused. Reasonable compensation will normally mean paying for reasonable repairs, or replacement where the Space or part thereof is damaged beyond repair, in the Host’s sole discretion.
Where Partial Access is provided, the Host is responsible for the restitution of goods stored and inventoried in the state they were in at the time of storage. The Host has the obligation to inform without delay the Renter for any loss, damage or theft he would have found on the deposited assets. The Host in this case is responsible for the restitution of the deposited property in the condition they were at the day of delivery.
Host is prohibited from collecting any or all of the Space Fees directly from Renter by a check, cash, or any payment method other than by payment through the NXTSTOR system and prohibited from insisting, asking, or insinuating to a Renter that such payment other than through the NXTSTOR system would be accepted, or from collecting any payment from any individual that Host became aware of because of Host’s use of the NXSTOR platform. Host shall reimburse NXSTOR two (2) times the amount Host receives in violation of this provision.
Specific Obligations of Renters
By entering into a Contract with a Host you warrant and represent that you are not seeking storage of Prohibited Goods and will not use the Space for any unlawful purpose other than for the storage of personal property and will not do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premises in which the Space is located.
The Renter undertakes to pay the Total Fee promptly, fully and in good faith and using the online Payment Manager upon confirmation of the Contract with the Host. In all cases, the NXTSTOR Commission shall be non-refundable.
The Renter will comply with the access and security arrangements in the Contract or as otherwise agreed, and keep safe any keys, access codes or other items used to access the Space.
Vacation of Space: At or before the end of the booking period of the Contract or upon terminating the Contract pursuant to Section 8, below, the Renter must vacate the Space completely. The Renter must remove all contents and debris and leave the Space in good “broom clean” condition.
Pursuant to Section 8 of these Terms and Conditions, the Renter will remove the Stored Goods from the Space upon request by the Host, provided that the Host gives at least four weeks’ notice in writing of such request.
Obligations of NXTSTOR
Upon acceptance of a Contract between a Host and a Renter, NXTSTOR will collect Total Fees from the Renter. All financial transactions between the parties will be processed by a third-party electronic payment system (the “Payment Manager”) embedded in the Website. By using the Payment Manager, you also confirm that you have read and agree to the terms and conditions applying to that service.
Total Fees consist of the aggregate of the Listing Rent and NXTSTOR Commission. The Total Fees will be calculated and collected by the Payment Manager. The Payment Manager will then initiate payment of Listing Rent less the Host Guarantee Contribution to the Host either within two (2) days of the Renter moving in or within seven (7) days of the Contract acceptance, whichever is earlier.
c. NXTSTOR will collect from the Renter the first payment (pro-rated to the end of the month) of Total Fees at the time of booking confirmation. If the rental period is extended, Renters will be charged monthly Total Fees on a recurring basis. In that instance NXTSTOR will collect Total Fees and initiate payment of Listing Rent to the Host within ten (10) days of the first day of each month of the booking period, referred to herein as Recurring Payments. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize NXTSTOR, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments. Where a contract has been extended, NXTSTOR will continue to collect Total Fees on a monthly recurring basis until the Renter or Host provides notice of termination of the lease under Clause 8.
Cancellations, Variations & Termination of Lease
Either User (Host or Renter) may cancel the Contract without penalty within seven (7) days of acceptance by providing notice in writing or through the Website (“Revocation Period”) provided the Contract has not commenced.
If, as a Renter, you cancel your requested booking inside the Revocation Period, NXTSTOR will cancel any pre-authorized charge to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking. If, as a Host you cancel the requested booking inside the Revocation Period, you will not be entitled to receive any Listing Rental payments, and you must immediately repay any monies received in advance as consideration of the Contract being completed.
If, as a Renter, you wish to cancel or terminate the Contract outside of the Revocation Period, you must provide four (4) weeks’ notice (“Notice Period”) in writing to the Host and through the Website of your intention to cancel or terminate the Contract, and pay Total Fees for the whole Notice Period, regardless of whether you have vacated or removed your Stored Goods in that period. The Host will receive the Listing Rent for the whole Notice Period.
If, as a Host, you wish to cancel the Contract outside of the Revocation Period, you must provide four (4) weeks’ notice (“Notice Period”) in writing to the Renter and through the Website of your intention to cancel the Contract. By cancelling the Contract, you acknowledge that you are breaking the terms of the Contract, agree to continue to store the Stored Goods for the Notice Period (if already located in the Space) and forfeit the Listing Rent payable to you for the period of the Notice Period. NXTSTOR may, in its sole and absolute discretion, refund part or all of the Listing Rent paid by the Renter for the Notice Period.
Clause 8c and 8d do not apply where the Contract is terminated due to non-payment of fees, or a party is in breach of its obligations under these Terms and Conditions or the Contract.
Termination conditions: If, as a Host, you have reasonable suspicion that a Renter is storing Prohibited Goods or is in breach of these Terms and Conditions, you have the right to immediately terminate the Contract and to ask the Renter to remove the items from the Host’s premises. The Host shall provide reasonable notice and opportunity for the Renter to cure such breach or otherwise remove such items. The Host may also take steps to inform law enforcement authorities and take actions to remove the items from their property.
Termination conditions: If the Renter does not pay the Total Fees, NXTSTOR or the Host may, upon giving fourteen (14) days to remedy the non-payment of fees immediately terminate the Contract and may:
Deny the Renter access to the Space or Host's property until the default is cured;
Give the Renter three (3) days' notice to vacate; and
Collect charges as appropriate and exercise any other remedy allowed by law until the outstanding fees have been paid in full.
Stored Goods are stored by the Host as bailee. If the Renter does not remove such items upon reasonable notice, or the Renter fails to reclaim Stored Goods upon expiry of the Contract (“Abandoned Goods”) such items may be removed by Host and shall be subject to forfeiture by Renter. A Host is entitled to sell or dispose of Abandoned Goods where:
the Host first notifies NXTSTOR with full particulars of the Stored Goods;
the Host follows all reasonable directions of NXTSTOR;
having regard to the circumstances of the default or abandonment, NXTSTOR will, at in our sole and absolute discretion, direct the Host to remit or retain any remaining proceeds of sale.
NXTSTOR DOES NOT PROVIDE INSURANCE FOR ANY STORED GOOD STORED PURSUANT TO ANY CONTRACT. The Host is responsible for the Space and is expected to hold comprehensive home and contents insurance on the property on which the Space is located. NXTSTOR recommends that the Host inform and confirm with their insurance provider the extension of their coverage under the terms of the Contract. At times, NXTSTOR may refer you to third-party insurance providers that may offer policies that are designed to offer coverage for storage Contracts, but any such policies are made solely between you and the insurance provider, and NXTSTOR is not a party such agreements and disclaims all liability relating thereto.
The Website and all intellectual property belonging to or associated with the Company, including any trade mark or trade name, logos and software, and all content on the Website (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Company and/or is used under license from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilize any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.
The Company’s logo and any other image on the Website which bears the Company’s name are trademarks of the Company. They may not be used without our prior written consent.
All information and content uploaded or otherwise sent, by any means, by you to the Website or the Company or to other Users must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
When you upload or send information or other content to or via the Website, you grant the Company a worldwide, royalty-free, sub-licensable, non-exclusive license to reproduce, edit, transmit and publish the information or content for the purposes of these Terms and Conditions.
All Users must treat all information available and otherwise provided through the NXTSTOR Website as strictly confidential, and may only use that information for the purpose of organizing the storage of goods through NXTSTOR.
Confidential Information expressly includes contact details of each User, address for storage of goods, and information about any goods in storage and does not include any information already in the public domain, or independently known to the User.
Limitations and Indemnity
NXTSTOR provides the Website and its Services on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in these terms and Conditions, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
The Company gives no warranties, conditions, guarantees or representations in relation to the Website or Services
as to the completeness or accuracy of any advice and information contained on or sent or received from the Website or any website to which it is linked;
of any particular result or outcome of using the Website or Services, or that either will meet your requirements; or
that the Website or Services, and content on the Website or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free.
All Contracts between Users are carried out entirely at your own risk. To the fullest extent permitted by applicable law, the Company disclaim, and you hereby release the Company and its members, officers, directors, investors and employees from, all liability for any claims, demands, damages, losses, costs and expenses, arising out of or in any way connected with any Contracts or other arrangements that User(s) may have made in connection with this Website, or the User’s use of the Website. You rely on information provided by other Users at your own risk. The Company does not, control, inspect, endorse, approve or check the availability, condition or nature of advertised space or the accuracy, currency, truth or completeness of the information provided by Users of the Website and it is your responsibility to do this and to take any other necessary precautions before arranging or carrying out a Contract.
You agree to indemnify the Company from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees, arising directly or indirectly from your breach of any of your obligations under these Terms and Conditions
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. NXTSTOR cannot and does not offer tax-related advice to any Users.