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Terms of Service
These Terms of Service (“Terms”) govern Customer use of www.aportablesolution.com (the “Service”), operated by A Portable Solution (“APS”; “we”; “us”; “our”).
Please read these Terms carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Use of the Service
Customers may not use the Service for any illegal or unauthorized purpose, nor in the use of the Service, violate any laws in your jurisdiction.
2. Privacy
Our Privacy Policy [LINK] governs the collection, use, and disclosure of Customer’s personal information when using the Service.
3. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
4. Rental Agreement Terms
4.1 LEASE OF CONTAINER(S): Lessor leases to the Customer, and the Customer leases from Lessor, one or more Containers on the terms in this Agreement. Customer hereby authorizes Lessor to enter upon Customer’s property for the purpose of making repairs or alterations to the Container(s), to enforce the terms of this Agreement or to comply with applicable law. By accepting delivery of the Container(s), Customer acknowledges and agrees that Customer has inspected the Container(s) and found it to be satisfactory. Customer is solely liable for any damage to the Container(s) that occurs while it is at Customer’s property. Furthermore, Customer is liable for any claims or damages incurred by Lessor as a result of Customer’s use of the Container(s).
4.2 SELECTION OF CONTAINER(S) AND EXCLUSIONS: Customer acknowledges that Customer has satisfied itself as to the suitability of the Container(s) for storage purposes. Customer acknowledges that there are no agreements, representations, warranties, or conditions, oral or written, express or implied, made by Lessor with respect to or in connection with the Container(s) except as set forth in this Agreement. Customer acknowledges that Customer has inspected the Container(s) and accepts the Container(s) on an “as is” basis. Customer affirms that there is no “bailment” or “deposit of goods for safe keeping” created by this Agreement or the delivery of the Container(s).
4.3 TITLE: Customer acknowledges that ownership and title to the Container(s) shall, throughout the term of this Agreement, remain vested in Lessor and the Customer shall have no right of property therein.
4.4 PROPERTY NOT SUITABLE FOR STORAGE: Customer agrees that the Container(s) is not suitable for the storage of valuable property such as heirlooms or precious, invaluable or irreplaceable property such as books, records, writings, works of art, photographs, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value to Customer and records or receipts relating to the stored goods. Lessor shall not be liable for any damage to or loss of any items stored within the Container(s). Customer further acknowledges and agrees:
4.5 TERM: The term of this Agreement commences on the date the Container(s) is delivered to Customer and continues on a month-to-month basis until this Agreement is terminated as provided herein.
4.6 PAYMENT: Each month during the term of this Agreement, Customer shall pay Lessor a monthly rental payment. Initial Fees are paid the day prior to the delivery (or day of, if a day of booking). Initial fees include first month’s rent, relevant transportation fees, and any other add ons (accessories, insurance and any other 1x fees plus taxes). Ongoing Monthly Rent and any other recurring monthly fees will be charged on the anniversary date of the original delivery date. If the delivery date falls on a date that does not occur in every month (for example the 31st of a month) then all payments for the month shall be due on the last day of the applicable month. Future Transportation fees will be charged the day prior to the date they occur. The Final Pick-Up fee will always be charged with the previous transportation.
4.7 LATE FEES: If your credit card declines, you will receive an automated email alerting you to contact our office. You are given a five (5) day grace period to pay your storage bill in full. At six (6) days past due, you will incur a late fee of fifteen ($15) dollars. At fifteen (15) days late, a twenty ($20) dollar late fee will be applied, and again at thirty (30) days late, a twenty-five ($25) late fee will be charged. At forty-five (45) days late, you will incur a lien fee of one hundred ($100) dollars, your unit will be overlocked, and you will be denied access to your contents. You will receive an email to the email address on file, giving you notice that ${dealer_name} is asserting a possessory lien on the property stored in the storage unit. If full past due payment, including all incurred late and lien fees, remains past due at sixty (60) days late, the contents of the storage unit will be sold in Auction.
4.8 LIEN: Customer affirms that Lessor has a lien (for rent, labor, fees or other charges, both existing now and arising in the future) on all personal property stored in the Container(s). In addition to all other remedies available under applicable law, to secure the payment of all amounts due and owing hereunder (including attorney’s fees associated with lien foreclosure or collection activity), Customer grants Lessor a contractual lien on any property stored in Container(s). If Customer is late on payment of any amounts due under this Agreement, Lessor may deny Customer access to the Container(s) until all amounts owed to Lessor are paid by Customer. Lessor may enforce its lien under the terms of this Agreement and applicable law. Customer’s property may be sold or disposed of in accordance with applicable lien laws. Any amounts received through sale of Customer’s property that exceeds the amounts due to Lessor will be paid to the Customer if Customer has provided Lessor, in writing, with Customer’s current address or said amounts will be paid to the state treasurer or other state official in accordance with applicable abandoned property provisions and laws. Lessor has no knowledge of the contents of Container(s), and Customer waives any requirement that Lessor provide a description of Customer’s property in the Container(s) (to the extent such may be required by applicable law).
4.9 USE OF CONTAINER(S) AND COMPLIANCE WITH LAW: Customer shall not store any personal property in the Container(s) which would result in the violation of any applicable local, state, or federal law or regulation, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters. All reasonable expenses incurred in connection with any investigation of site conditions, or any clean up, removal or restoration work required by any applicable local, state, or federal law or regulation or agency regulating any Hazardous Materials, shall be paid by Customer and shall be due upon demand by Lessor.
4.10 CUSTOMER’S RISK AND LIABILITY INSURANCE: ALL PROPERTY IS STORED BY CUSTOMER AT CUSTOMER’S SOLE RISK, AND CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL INSURANCE POLICIES COVERING THE CONTENTS OF THE CONTAINER(S). Customer personally assumes all risk of loss or damage to, or theft of Customer’s property within the Container(s), however caused, including without limitation, loss or damage due to burglary, occurring during transport or while in storage, mysterious disappearance, fire, water, rodent, damage, earthquakes, acts of God, vandalism, mold or mildew or other vermin and all risk of loss or damage to property of Lessor arising directly or indirectly in any way from any matter or thing placed in a Container(s) by Customer. Customer agrees that Lessor does not list, review or inspect the contents of the Container(s). Lessor’s agents, affiliates, authorized representatives, and employees will not be responsible or have responsibility for loss, liability, claim, expense, damage to property or injury to persons or property, that could have been insured against including, but not limited to, any loss arising from the active or passive acts, omissions or negligence of Lessor or its agents, affiliates, authorized representatives, and employees for the matters released herein. Customer expressly agrees that the carrier of any insurance obtained by Customer shall not subrogate any claim of Customer against Lessor or Lessor’s agents, affiliates, authorized representatives, or employees. Customer acknowledges that Customer has read and understands the provisions of this paragraph and agrees to comply with its requirements. In no event shall the Lessor be liable for any other damages, direct or indirect, special, or consequential, including, without limitation damages for lost profits, business interruption, loss of data or other economic loss arising out of Customer’s use of or inability to use the Container(s).
4.11 LOSS AND DAMAGE: The Container(s) shall be at the sole risk of the Customer. In the event the Container(s) shall become lost, stolen, destroyed, or damaged beyond repair for any reason or in the event the Container(s) shall be confiscated, forfeited, or seized by any person or by any duly constituted authority, Customer will immediately replace the Container(s) by providing Lessor with title to a replacement Container(s) satisfactory to Lessor of equal value and free of any encumbrance or, at Lessor’s discretion, by reimbursing Lessor for the cost of a new replacement Container(s). For such purpose, the fair value of the Container(s) shall be as determined by Lessor, acting reasonably.
4.12 LIMITATION OF LIABILITY: Where permitted by law Lessor, its dealers, affiliates, agents, contractors and independent contractors, the members, shareholders, directors, officers, managers, employees, agents and independent contractors of each of the foregoing, and the successors and assigns of each of the foregoing (collectively “released party (ies)”) have no responsibility or liability to Customer or to any other person or entity for or with respect to any claim from any cause relating to Customer’s rental of a Container(s), including without limitation any released parties’ active or passive act, omission, negligence, conversion, damage caused by placement of the Container(s), damage to Customer’s property stored within the Container(s) occurring during over the-road transport, or damage that occurs if any released party moves the Container(s) for lack of payment or upon order of any government entity, except to the extent the claim is directly and proximately caused solely by the applicable released parties’ gross negligence or willful misconduct. Furthermore, and notwithstanding the foregoing, Customer agrees that the released parties’ aggregate responsibility for any loss from any cause whatsoever shall not exceed a total of $5,000.00 or the amount of monthly fees paid by Customer under this Agreement during the one-year period preceding the loss, whichever is less. Performance that is made impracticable pursuant to this paragraph shall give Lessor the right to suspend delivery of the Container(s) or otherwise perform hereunder, while the occurrence continues.
4.13 PERSONAL INJURY: Lessor and its agents, employees, members, managers, affiliates, and their respective successors and assigns (including the owner of any facility used to store Containers shall not be liable to Customer or its agents , invitees, family, friends, for any personal injury arising from Customer’s use of the Container(s).
4.14 INDEMNITY: Customer shall indemnify and hold harmless Lessor, its agents, employees, attorneys, associates, affiliates, successors, assigns, directors, and all persons associated with Lessor business operations from and against any losses, liabilities, costs, expenses, fines, fees, attorney’s fees damages, claims, demand, causes of action and lawsuits arising from or in any way associated with, Customer’s use of the Container(s), including without limitation as a result of any breach of the terms of this Agreement.
4.15 PLACEMENT AND RELOCATION(S) OF CONTAINER(S): Customer understands that placement area shall have adequate width, depth and height clearance and maneuvering space. Customer’s use and placement of the Container(s) may be subject to state, city and local ordinances, rules and/or regulations including deed and homeowner restrictions and complex rules for which Customer assumes full responsibility for any fines and/or penalties. Customer authorizes Lessor to 1) drive on Customer’s lawn or other non-paved area to place the Container(s) in the area designated by Customer or to place the Container(s) in an area lacking adequate clearance, or 2) drive on a paved surface. In either case, Customer assumes full risk for all damage resulting from the placement of the Container(s) and relieves Lessor from any responsibility for such damage. Additionally, Customer acknowledges that Lessor recommends against driving on Customer’s lawn or non-paved, and certain paved property areas. Lessor has right to refuse Customer placement request if site is deemed unsuitable to place a Container(s).
4.16 TERMINATION AND RETURN OF AGREEMENT: Lessor may terminate this Agreement at any time by notifying Customer via email, text, or mail. Provided Customer is not in violation of this Agreement, Customer may terminate this Agreement by providing Lessor with written notice and Customer’s termination will be effective on the last day of the rental period for which written notice is received by Lessor. At the expiration of the term of this Agreement or upon earlier termination of this Agreement for any reason, Customer shall deliver up possession of the Container(s) to Lessor at the Customer’s address specified on the invoice(s). If Customer fails to do so within five (5) days, Lessor shall have the right to enter upon Customer’s property to retrieve the Container(s), or to invoice Customer for the cost of replacing the Container(s).
4.17 PRICING and RATES: All pricing and rates are transmitted via email prior to delivery. Delivery fees are subject to change if delivery locations change from those specified in the original quote. If delivery is requested outside of Lessor’s regular service area Lessor may not be able to provide delivery due to fuel, regulations, and external factors.
4.18 TIME OF ESSENCE HEADINGS: Time is of the essence of this Agreement. Insertion of headings in this Agreement are for ease of reference only and do not constitute part of the Agreement.
4.19 SUCCESSION: Customer may not assign this Agreement without prior written consent from Lessor. Subject to the foregoing, the Customer and Lessor agree that all provisions of this Agreement shall apply to bind and be obligatory upon the party hereto and their respective heirs, executors, administrators, representatives, successors and assigns.
4.20 RELEASE OF INFORMATION: Customer authorizes Lessor to release any information regarding the Customer contained in this Agreement or elsewhere as required by law or if information is requested by law enforcement, government officials, or court order. Lessor will attempt to provide Customer with notice prior to such release, if possible, under the circumstances in Customers sole judgment but Customer shall have no recourse against Lessor, whether based on the provision of such notice or for the disclosure of any such information as set forth in this paragraph.
4.21 GOVERNING LAW: This Agreement shall be governed by and constructed in accordance with the laws of the states of Missouri.
5. Contact Us
If you have any questions about these Terms, please contact us at admin@aportablesolution.com.
