Service Agreement

THIS AGREEMENT is entered into by and between STORAGE ASSISTED MANAGEMENT LLC, a Florida Company, (“Contractor," “SAM,” “we,” “us,” “our”) and the Customer contracting for the Contractor’s services ("Customer,” “you,” “your,” “yours”).

WHEREAS, the Contractor is a storage management company that provides physical storage management services to customers.

WHEREAS, the Customer is an entity or person(s) in need of storage management services.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

DEFINITIONS

Business Day: Monday through Saturday, excluding holidays.
Transportation, Transporting: movement of personal effects.
Shipper: the business or person whose name appears on the bill of lading or other shipping document as to whom a shipment is to be picked up at by a service provider.
Confirmation Agreement: any document sent by SAM to the Customer that includes or references (1) services to be performed; (2) the estimated or applicable pricing; and (3) certain terms and conditions applicable to Customer for service arranged by SAM to be performed for Customer.
Personal effects: property to be used or used in a dwelling, or property which is a part of the equipment or supply of a dwelling.
Personnel: SAM and its parent company, and their owner(s), officers, directors, employees, independent contractors, representatives, affiliates, agents, subsidiaries, assigns; any suppliers and/or service providers that SAM engages on Customer’s behalf.
Qbee: the moving container assigned by SAM for moving services provided to Customer by SAM. A portable moving and storage container which is used by a SAM to transport or move commodities from one location to another location.
Service Provider: the business, entity or person that perform services for Customer.

TERMS AND CONDITIONS

1. RETAINER. The Customer agrees to retain the services of the Contractor, and the Contractor agrees to serve the Customer upon the terms and conditions hereinafter set forth.

2. EFFECTIVE DATE. This Agreement shall become effective on the date that the last of the two parties has executed this document with their signature or the signature of a duly authorized agent ("Effective Date").

3. SERVICE SCHEDULING:

3.1 Service Scheduling: Service(s) should be scheduled at least five (5) business days in advance of a service date.

3.2 Subject to Availability: All requested dates for service are subject to service availability. SAM will strive to meet requested dates for service, and if service is unavailable on a requested date, SAM will strive to schedule the requested service on the next earliest date.

4. SUBSTITUTED SERVICE. SAM reserves the right to utilize substituted service or any service providers in the performance of all or any portion of authorized or required services.

5. CHANGES TO SERVICE SCHEDULES OR REQUIREMENTS

5.1Customer Must Notify Immediately of Changes: After Customer confirms a service reservation, Customer must notify SAM immediately of any changes in service schedule(s) or requirements (e.g., types or amounts of service required, service date(s), time(s), location(s), etc).

5.2 Additional Charges Incurred: If SAM incurs additional charge(s) due to changes in service schedule(s) or requirements, Customer is responsible for payment of any such additional charges.

5.3 Attempt to Honor Requests to Delay Delivery: Customer understands that SAM will attempt to honor requests to delay delivery shipments when requested by Customer. However, SAM will bear no liability for its inability to delay delivery. At SAM’s sole option, SAM may deliver the goods upon adequate representation that all service charges have been or will be paid in full.

6. CANCELLATION OF SERVICE

6.1 Cancellation: Cancellation of any service must be made via email. To be valid, your cancellation notice must be received by SAM 24 hours before your scheduled service date(s) and include your reservation number.

6.2 Cancellation Fee: If you cancel service(s) less than twenty-four (24) hours in advance of the scheduled service date, a cancellation fee will be charged plus any charges incurred as a result of the cancellation.

6.3 Cancellation of Hourly Services: If hourly services have been requested and cancellation occurs on the day hourly services(s) is/are to be performed, then, the minimum charge as shown on the confirmation agreement shall be charged to the Customer. For purposes of this provision, packaging, loading, transportation, storage and unloading constitute separate services.

7. CUSTOMER AVAILABILITY ON SERVICE DATE(S). Customer Availability on Service Date(s): If Customer is not ready for service when service providers arrive or not available during the performance of service, or if service otherwise cannot be performed, a market-based charge will apply for the time service providers must wait for you to be ready/available for service or to be able to perform service. If you are not ready or available for service or service cannot be performed within a reasonable time, service providers will depart, and a market-based charge will apply for all cost(s) which are incurred.

8. CONTRACTOR NOT LIABLE FOR DELAY. Neither SAM, personnel nor service providers will be liable to any extent or in any amount to anyone for loss or damage of any kind including, but not limited to, loss of market, loss of value, loss of use, or indirect, consequential, punitive, multiplied, incidental and/or any other indirect damages, expenses and/or costs caused by or resulting from any delay in providing or failure to perform service or any other acts or omissions by SAM, personnel or service providers.

9. DELIVERY RECEIPTS. In order to protect the health and safety of its customers, employees, and service providers, all shipments tendered to SAM do not require a signature on the delivery receipt. Drivers and delivery personnel shall log the date, time, and location of delivery. This data log shall serve as conclusive proof of delivery. When possible, drivers and delivery personnel shall also log the name of the receiving individual and take photographs of the delivered shipment. This rule shall remain active until SAM determines that it is no longer required.

10. QUOTATION OF ESTIMATED CHARGES. Estimates of charges are furnished as a convenience to you and represent an approximation of charges and are not binding on SAM. You agree to pay the charge(s) for the services rendered to you. All charges on a shipment will be assessed based on provisions legally in effect at the time of shipment and the characteristics of your personal effects and/or other commodities tendered to SAM.

11. CHARGES DUE IN FULL. You must pay for all transportation and all other services performed at your request, direction and/or as required, including services that you add or that exceed a non-binding estimate of your transportation and other services requirements. Payment of charges for transportation and all other services are due to us immediately after your shipment is loaded.

12. PAYMENT CURRENCY. Unless otherwise specifically provided, all rates, charges, or other amounts are stated as United States currency and all rates, charges or other amounts are payable in lawful United States money.

13.FORM OF PAYMENT. In most cases, payment may be made by major credit card, debit card, certified check or money order or as may otherwise be approved by SAM, including, but not limited to, electronic payment processes. All charges due subsequent to completion of all services will be charged to your credit or debit card on file with SAM.

14.MOVING CONTAINER CHARGES. You agree to pay the charge(s) based on the exclusive usage of each Qbee or other moving container as shown in your confirmation agreement as well as any other charges necessary for the shipment.

15. QBEE RULES AND REGULATIONS, CUSTOMER OBLIGATIONS.

15.1 The Customer agrees not to modify or alter the Qbee or use the Qbee for any illegal purpose.

15.2 The Customer agrees not to allow anyone else to use the Qbee.

15.3 The Customer agrees to not store guns, ammunition, weapons and or/illegal drugs in the Qbee, including marijuana, even if legal in a state. Customer further agrees not to store or abandon hazardous materials in the Qbee including, without limitation, substances that are toxic, reactive, volatile, flammable, explosive, hazardous, or corrosive, or that are, at any time, regulated by state, federal or local authorities.

15.4 Customer agrees not to store items with an aggregate value of more than 500.00 U.S. dollars, unless Customer has expressly consented in writing to a higher value. Customer’s purchase of insurance from any provider in an amount greater than $500.00 will not be considered Owner’s consent to the storage of Qbee contents in excess of $500.00. Customer also agrees not to store items with special or sentimental value, or with unknown immediate resale or market value.

15.5 Customer further agrees not to Store animals, food or other perishable items in the Qbee; Customer must not store items that, in Owner’s determination, attract vermin, create a nuisance, have a noxious odor or stench, or endanger the safety or health of people or the environment including, without limitation, mothballs.

15.6 Customer agrees not to store any documents, film, or electronic data containing any personal information relating to Customer, Customer’s clients, Customer’s patients, or others, such as social security numbers, credit card, debit card, bank account or passport information; nor information that contains tax, employment, medical, or legal records.

15.7 If customer is in default of this Agreement, SAM gains access to the contents of the Qbee without restriction.

15.8 If Customer is in default and Owner finds any documents, film or electronic data in the Qbee, Owner may, at Owner’s option, immediately destroy these items and charge Customer for the destruction costs.

15.9 The content of the Qbee becomes property of SAM if Customer abandons the goods or no payments are received by SAM pursuant to this Agreement for a period of two (2) months.

16. COST OF COLLECTION. Customer will be charged all costs that SAM incurs to collect charges that are due and owing to SAM for service rendered, including, but not limited to, attorneys’ fees (both trial and appellate), all other legal fees, all costs of litigation or resolution, including costs incurred to execute on any award or judgment.

17. PROHIBITED COMMODITIES. The following commodities will not be accepted by SAM for shipment, and if such commodities are included in a shipment, SAM, personnel or service providers shall not be liable for such commodities or any damage such commodities does, and you accept all liabilities and are responsible for all damages caused by such commodities, including, but not limited to, damages to individuals, other commodities, the environment, equipment or any other damages:

Acetone; acids; adhesive; aerosols; alcoholic beverages; alcohols; ammonia; ammunition; animals. antifreeze compounds; antiques; any material termed combustible, corrosive, and/or flammable; asbestos NA 2212; bank bills; battery with acids; black powder; blasting caps; bleach; camphor oil; charcoal briquettes; chlorinated hydrocarbons in decorative lamps; class 2.2 UN 1005, ammonia, anhydrous; class 6.1 and 2.3 poison-by-inhalation gas; class 6.2 infectious substances; class 7 radioactive materials; cleaning fluids; collectible books; commodities with elevated temperatures; compound - 3 weed killers; contraband; corpses; corrosive liquids; currency; deeds; drafts; denature alcohol; disinfectants; division 1.5 (explosives) requiring placarding; dyes; dynamite (plastics or similar explosives); enamel; engine starting fluid; ethanol and gasoline mixture (UN 3475); explosives 1.1, 1.2, 1.3; explosives auto alarm; fire extinguisher; fireworks; fish scrap; flame retardant compounds; flowers or plants; fluid cleaners; food in glass jars; frozen food; fuse lighters; gases used in welding; gasoline UN & NA 1203; hazardous and nonhazardous waste; hazardous materials or items, including, but not limited to, substances items or classified as toxic, hazardous, corrosive, explosive, or reactive by any agency of the united states; hemp, any form; igniters or primers; illegal substances which are prohibited by federal and/or state laws; insecticides; iron/steel rust preventives; jewelry; kerosene; lacquer; lamp oil; leather dressing or bleach; letters, with or without stamps affixed; lighter fluid; liquors; livestock; loaded/unloaded guns; marijuana and any other illegal drugs; matches; motor oil; museum exhibits or articles of antiquity; nail polish remover; nail polish; nitrocellulose with alcohol, 4.1, UN2556, PGII; notes; oil stains for wood; open or partially used food; plants; original works of art; paint and paint related materials; paint or varnish remover; pesticides; petroleum products; pets; photos – photo albums; plants; poisons; polishes, liquid; postage stamps; precious metals (including precious metal scrap); precious stones; produce; propane or other gases; propane tanks; propellants; records or other data in any form containing personal or financial information, including, but not limited to social security numbers, dates of birth, driver’s license numbers, credit card numbers and financial account information; refrigerated foods; revenue stamps; scuba diving tanks; shellac; shoe polish; signal flares; smokeless powder for small arms NA 3178 (over 100 lbs.); smokeless powder; souvenir explosives/instruments of war; spear guns having charged heads; stains; sterno; straw or hay, fresh cut or dried, in unfinished, lose or baled form; toy propellant or smoke devices; or turpentine; valuable papers of any kind; varnish; weed killer; or wood filler.

Spillage, leakage or other release, or combustion, explosion or other reaction of any personal effects or other commodities to substance, chemical or compound in your shipment that is a prohibited commodity.

PLEASE NOTE: Disposal of any containers of any liquid is strongly recommended to prevent liquid damage to your personal effects or any other commodities during packing, loading, transporting, storage and/or unloading.

18. OFFSETTING CHARGES. Customer shall not offset from or delay the payment of lawfully established charges due SAM as result of any overcharge claim, chargeback, duplicate payment, or cargo loss and/or damage claim. A formal claim shall be filed and processed separately for any disputes.

19. PERSONAL EFFECTS AND COMMODITIES LIKELY TO DAMAGE OTHERS. Contractor personnel or service providers are not obligated to receive personal effects or other commodities likely to impregnate or otherwise damage your personal effects, other commodities, and/or any service provider’s equipment and/or injure drivers or any other service providers. Such personal effects or other commodities may be accepted and receipted for subject to delay for suitable equipment or may for lack of suitable equipment be refused. You are responsible for any liabilities, damages or losses to other commodities, service provider equipment, drivers or any other services providers caused by your personal effects and other commodities.

20. LOSS/DAMAGE TO PERSONAL EFFECTS OR COMMODITIES NOT NOTED ON INVENTORY WEBLOG. Unless personal effects and/or other commodities are noted as missing or damaged on shipping weblog(s) at the time of unloading, SAM and service providers shall not be liable for personal effect or other commodities loss and/or damage.

21. COMPUTER DATA OR MEDIA. Contractor is not liable for loss of or damage to computer data or media.

22. CONFIRMED SERVICES. The Contractor shall serve the Customer by performing the confirmed services described in the confirmation agreement emailed to Customer after purchase. These confirmed services are the Contractor’s only duties under this Agreement unless otherwise specified in this Agreement or agreed to in writing by Contractor.

23. CONFIRMATION AGREEMENT. The confirmation agreement provided by SAM to Customer is fully incorporated herein by reference.

24. GUARANTEED APPOINTMENTS. An empty Qbee or moving container will be delivered on the date and time shown on your confirmation agreement. You or your designated agent must be present when the Qbee(s) or moving container(s) is delivered to you, or additional fees may apply. If delivery of the empty Qbee(s) or moving container(s) at origin occurs after the guaranteed appointment time due to delays by the service provider, charges will be eligible for a reduction not to exceed one hundred percent (100%) of the additional guaranteed appointment charges at SAM’s discretion. This guarantee will not apply in connection with shipments experiencing a delay due to severe weather, force majeure events, labor disputes/strikes or your inability to receive a trailer(s), Qbee(s) or moving container(s).

25. ADDITIONAL CHARGES. Charges are based on the specifics outlined in your confirmation agreement. The charges are subject to change upon alteration of your schedule or the occurrence of certain events, including, but not limited to: (a) Change in drop date; (b) change in origin or destination city/zip/location code; redelivery charges per redelivery attempt.

26. FEES. The Agreement does not include all fees, expenses, or charges the Customer may be required to pay under the Agreement, and Owner reserves the right to charge additional fees. SAM reserves the right to increase, decrease, supplement, or otherwise modify any fees or charges in the Agreement by either sending advance notice directly to the Customer or posting advance notice of any such change on this website. The list of fees set forth in this Agreement is not all-inclusive and additional fees may apply.

27. OTHER INSURANCE. In no event shall SAM service providers or personnel be liable for any damage of any kind in any amount to the extent that such damage is covered by any insurance issued to you or available for you to claim against.

28. NOTIFICATION OF LOST ITEMS. In the event your order never arrives, notification of lost items pursuant to the Notice provision of this Agreement must be received by SAM within 60 days from receipt of the shipping confirmation e-mail.

29. TEMPERATURE. The temperature in a Qbee is not controlled unless a Qbee is designated as a “temperature controlled” Qbee. When a Qbee is designated as a “temperature controlled” Qbee, it means that we use reasonable efforts to maintain a temperature in the building where the Qbee is located of between 55- and 80-degrees Fahrenheit. The temperature control may be accomplished through any type of system including, without limitation, “swamp coolers.” SAM is not liable for the growth of mold or mildew on the Qbee contents.

30. COMPENSATION. As full compensation for performing the Duties required by this Agreement the Customer shall pay to the Contractor the compensation described in the confirmation agreement.

31. INDEMNIFICATION AND HOLD HARMLESS. You agree to indemnify, defend and hold harmless SAM, service providers and personnel from and against all demands, claims and causes of action for liabilities and damages, including, but not limited to, direct, indirect, incidental, consequential, special, punitive or multiplied damages, fines, penalties, attorneys’ fees and/or litigation or alternative dispute resolution costs incurred by SAM, service providers and/or personnel for: (1) personal injuries, including death, caused by you; (2) property damage, including environmental damage and restoration caused by you or your personal effects and/or other commodities does to other commodities or equipment; (3) breach of the agreement between you and SAM or any other agreement between you and a third party; (4) non-compliance with any applicable laws and regulations arising from or out of SAM’s, service providers’ and/or personnel’s performance as to services hereunder requested by you; (5) any claim made against SAM, service providers and/or personnel for alleged or actual wrong in taking custody of and/or performing service with respect to personal effects and/or other commodities in your shipment; (6) damage or injury of any kind to any person or property caused by your personal effects and/or other commodities in your shipment; or (7) violation of any third party’s rights regarding your engagement of SAM or its service providers for service(s).

32. ASSIGNMENT OR DELEGATION. Contractor may assign or delegate or subcontract her duties under this Agreement. Customer may not assign this Agreement with Contractor for services without Contractor’s express prior written consent.

33. INTEGRATION. Your Agreement with SAM for services consists of various electronic and hardcopy documents, all of which may be executed in counterparts, which shall be deemed originals, and together shall constitute the same and entire Agreement between you and SAM, personnel, and service providers, as deemed by SAM.

34. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and all prior agreements and representations of the parties, whether written or oral, are merged herein and shall be of no further force or effect. This Agreement cannot be changed or modified except in writing signed by both parties.

35. NO WAIVER. Failure to insist upon strict compliance with any of the terms, covenants, and conditions hereof shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times.

36. COMPLIANCE WITH ALL LAWS/GOVERNMENT ORDERS. The Contractor shall comply at all times with all applicable laws, ordinances, rules, regulations and executive orders of the federal, state, and local government, now existing or hereinafter in effect, which may in any manner affect the performance of this Agreement.

37. RELATIONSHIP BETWEEN PARTIES. The Contractor is retained by the Customer only for the purposes and to the extent set forth in this Agreement, and his relation to the Corporation shall, during the period or periods of his services hereunder, be that of an independent contractor. The Contractor shall be free to dispose of such portion of his entire time, energy, and skill during regular business hours as he is not obligated to devote hereunder to the Customer in such manner as he sees fit and to such persons, firms, or corporations as he deems advisable. The Contractor shall not be considered as having an employee status or as being entitled to participate in any plans, arrangements, or distributions by the Client pertaining to or in connection with any insurance, pension, stock, bonus, profit-sharing, or similar benefits for their regular employees. The Contractor shall be responsible for the payment of any required FICA tax and workman’s compensation insurance for its employees (if any). The Contractor shall deliver to the Customer, if a corporation, a completed and signed W9 form.

38. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS. Contractor will not at any time, in any fashion, form, or manner, either directly or indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of Customer, including, without limitation, the names of any its customers, the prices it obtains or has obtained, or at which it sells or has sold its products or services, or any other information concerning the business of Customer, its manner of operation, or its plans, processes, or other data of any kind, nature, or description without regard to whether any or all of the foregoing matters would be deemed confidential, material, or important. The parties hereby stipulate that, as between them, the foregoing matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of Customer, and its good will, and that any breach of the terms of this section is a material breach of this agreement.

39. ABILITY TO BIND CUSTOMER. Contractor shall not have the right to make any contracts or other commitments for or on behalf of Customer without the express authorization of the Customer.

40. CONTRACT GOVERNED BY LAW. This Agreement, performance hereunder, and any dispute that arises from this Agreement or performance hereunder shall be construed in accordance with and governed by the laws of the State of Florida.

41. VENUE. Any legal action or proceeding relating to your access to or use of the Site or these Terms of Use shall be instituted only in a state or federal court located in Miami-Dade County, Florida.

42. CLASS ACTION PROHIBITION. You agree not to sue SAM as a class plaintiff or class representative, join a class as a member or agree to consolidate your action into or participate as an adverse party in any way in a class action lawsuit against SAM. However, nothing herein limits your right to bring an individual claim as provided herein.

43. ASSUMPTION OF RISK. You assume all risks and liability arising from the use and operation of equipment and labor service providers hired by you and further understand that equipment and your hired labor service providers can cause individual injuries or death and property damage. You agree to indemnify, defend and hold harmless SAM, service providers, and personnel from any and all claims for liabilities and damages, including attorneys’ fees, court costs and any other costs or expenses arising or caused from your use and operation of equipment and/or your hired labor service providers.

44. WARRANTIES. You warrant that you possess the legal ability and authority to create a binding legal obligation and the full and unfettered legal right, authority and ability to engage SAM and for services.

SAM MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY PRODUCT OR SERVICE THAT SAM OFFERS, PROVIDES, OR ARRANGES, DIRECTLY OR THROUGH A SERVICE PROVIDER, OR TO ANY WEBSITE SAM MAINTAINS FOR YOUR USE. SAM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY.

45. NONCOMPETE. Customer will not, for the period of six (6) months following the completion of services by SAM for Customer under this or any other Agreement between SAM and Customer, directly or indirectly engage in any business that competes with the Company in the following geographical areas of Florida: (1) Dade County, (2) Broward Country, (3) Palm Beach County.

46. BINDING EFFECT. This agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors, and assigns. This Agreement may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable). If any action at law or in equity is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, whether at pre-trial, trial or appellate levels, which may be set by the court in the same action or in a separate action for that purpose, including reasonable costs and fees awarded in such action, in addition to any other relief to which the party may be entitled.

47, FORCE MAJEURE. SAM shall not be held liable or deemed to have defaulted or breached this Agreement due to any failure or delay in performing its obligations, to the extent such failure or delay is caused by or results from a Force Majeure Event. Force Majeure Events include: (a) acts of God; (b) flood, fire, earthquake, epidemics, or other natural disasters; (c) war, invasion, hostilities (whether declared or not), terrorism, riot, or civil unrest; (d) embargoes or blockades; (e) national or regional emergencies; (f) strikes, labor stoppages, or industrial disturbances; (g) shortages of power or transportation; (h) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (i) any act or omission of a third party, or (j) any act, emergency condition, computer or telecommunications failure and (k) other events beyond the reasonable control of SAM, its agents, or service providers.

48. NOTICES. All notices or other communication given pursuant to this Service Agreement shall be in writing via email and shall be delivered as follows: for the Customer, using the mail and/or email addresses provided by the Customer at the time of product or service purchase; for the Contractor, at the email address provided by SAM in email communications with Customer. Such notice shall be deemed to be given on the day of its actual receipt.

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