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The “Client” is the person to whom the estimate or proposal is addressed, along with his/her employer or principal, if applicable. The Scope of Work may only be modified by a written change order (“Change Order”) signed by both parties. The estimate or work order will remain open for  10 days from the date the applicable estimate or work order is presented to Client, at which point it will expire without further notice to Client.  This Agreement will be deemed accepted by Client upon the earlier of its signature on the applicable estimate or proposal, or by delivery or deposit of goods (“Objects”) with World Wide Secured. This Agreement is binding on the Client, its successors and assigns, and cannot be modified except by a written amendment signed by World Wide Secured.

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Services

All work will be done in a professional manner according to standard industry practices. All labor and materials provided by World Wide Secured shall be considered taxable and not included within the estimated fees and other charges described in this Agreement.

Ownership

Client represents and warrants to World Wide Secured that it is the legal owner or has lawful possession of the Objects and has the right and authority to direct the release and/or delivery of the Objects and to enter into this Agreement. Client agrees to defend, hold harmless, and indemnify World Wide Secured from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense, and any other liability resulting from any breach of this Agreement. Any and all representations and warranties, and any waivers, releases, limitations on liability, and indemnifications are perpetual and shall survive termination or completion of this Agreement.

 

Payment Terms

Client agrees to pay the amounts due pursuant to this Agreement, as may be modified as provided herein. Payments for invoiced charges are due within 30 days of the date of invoice. Client agrees to pay a late fee of 5% of the invoiced charge for any late payment. Unpaid amounts shall accrue interest at 12% per annum or the highest rate allowed under applicable law. World Wide Secured reserves the right to require Client to pay an advance deposit of 50% of the estimated total prior to commencing the Scope of Work. World Wide Secured also reserves the right to require Clients located outside of the United States to pay all charges in advance.

 

Default

Client shall be in default under this Agreement if Client fails to (a) pay amounts when due, or (b) to cure any other breach of this Agreement within 10 days of receipt of written notice from World Wide Secured. Upon any such default, World Wide Secured shall have the right to immediately terminate this Agreement and its obligations hereunder effective upon sending notice to Client. If Client’s Objects are not removed upon the termination of this Agreement, World Wide Secured may dispose of the Objects in accordance with applicable law, or exercise any other remedy available to it under the law, without limitation. World Wide Secured reserves all rights that it may have pursuant to any Warehouseman’s lien. Client is advised to review applicable state law providing for such rights. The rights and remedies set forth in this Agreement are not exclusive and are in addition to and not in lieu of any other rights or remedies that exist in law or equity or by statute or otherwise.

 

Limitation of Liability

World Wide Secured is only liable for damage caused intentionally or through gross negligence by World Wide Secured.  World Wide Secured is not responsible for loss incurred due to circumstances beyond its control.  The liability of World Wide Securedis in particular excluded for: Glue and veneer solutions, abrasions, pressure marks on furniture, breakage of furniture and the effects of temperature fluctuations or humidity; Rust, damage caused by mice, rats and moths, woodworm, mold fungus; Internal damage to goods that are externally intact; Consequences of wrong information; Circumstances that are beyond the control of World Wide Secured, in spite of taking all due care, the consequences of which it could not stave off.

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Notwithstanding any provision to the contrary in this Agreement, World Wide Secured’ aggregate liability with respect to claims for loss or damage arising from or relating to its performance under this Agreement shall not in any event exceed the fees paid to World Wide Secured under this Agreement for the 12-month period preceding the date of loss or damage. Any claim of damage arising under this Agreement must be presented to World Wide Secured in writing upon completion of the Scope of Work. No lawsuit or other action may be maintained by Client against World Wide Secured for loss or damage to the Objects unless a timely written claim has been given by Client and unless such lawsuit or other action is commenced no later than nine months after completion of the Scope of Work.

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Insurance

Client is responsible for providing insurance for all of the Client’s Objects at all times during this Agreement. Upon request, Client shall supply written proof of insurance. Solely as a courtesy to storage clients, storage clients may choose to request World Wide Secured provide fine art protection for Objects. The cost of fine art protection will be reflected in World Wide Secured’ regular invoice to the Client.  If Client exercises this option and the Client’s loss is covered by the applicable protection, then the liability cap in Section 6 shall be equal to the greater of the fine art protection coverage proceeds payable to Client or the amount set forth in Section 6 above. Client acknowledges that any fine art protection coverage may not be adequate to cover any loss or damage to the Objects. If Client elects to have World Wide Secured provide fine art protection on the Objects, Client shall disclose the full value of the Objects to World Wide Secured. Client hereby acknowledges that World Wide Secured will rely on such representation in providing fine art protection, and hereby waives and releases any and all claims against World Wide Secured in the event that Objects were under-protected.

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Privacy Policy

Except as otherwise provided in this Agreement, Objects or information pertaining to Objects will not be released by World Wide Secured to any party other than the Client or those identified in writing by the Client as authorized persons, or as otherwise required by law, or as reasonably necessary to World Wide Secured’ attorneys, advisors, accountants, insurers, and brokers. Client agrees that it will protect and keep confidential the terms and conditions of this Agreement and any other information obtained from World Wide Secured in connection with this Agreement that is identified as confidential or proprietary or that, given the nature of such information or the manner of its disclosure, reasonably should be considered confidential or proprietary.

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Condition/Duty to Disclose

Client shall disclose in writing to World Wide Secured any known damage and/or defects existing in the Objects prior to delivery to World Wide Secured for performance of the Scope of Work; provided that this list shall not be deemed a complete list of all existing damage and defects. World Wide Secured shall not be liable for any (a) damage to, or defects in, the Objects existing prior to delivery of the Objects to World Wide Secured, (b) damage known to Client which is not disclosed by Client, (c) ordinary wear and tear, or (d) perishable Objects. Upon completion of the Scope of Work, Client shall inspect the Objects for damage.

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Attorney’s Fees and Costs

In the event of litigation arising out of this Agreement, or a claimed breach thereof, the substantially prevailing party shall be entitled to recover its reasonable attorneys’ fees and all costs and expenses. World Wide Secured is entitled to its costs and reasonable attorneys’ fees (including appellate, trial, and arbitration) for collection.

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Disputes

Disputes arising from this Agreement will be resolved in the state or federal courts located in Orange County in Maitland, Florida and Client consents to be subject to the jurisdiction of these courts. This Agreement shall be governed and construed in accordance with the laws of the state in which services are provided.

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Termination/Cancellation

Either party may terminate this Agreement for any reason without penalty or charge (except as provided in the following sentence) and require the removal of Objects stored with World Wide Secured, upon thirty (30) days’ written notice to the other party (subject to any lien rights); provided that if Client terminates within (1) business day of commencement of this Scope of Work, World Wide Secured will invoice to the Client 100% of the estimated total charges under this Agreement; and if such termination occurs within (2) business days, World Wide Secured will invoice 50% of the estimated total charges.

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Disclaimer

World Wide Secured disclaims all warranties and conditions, express, implied or statutory including without limitation the implied warranties of merchantability and fitness for a particular purpose.

 

Relocation and Other Services

Client will provide a description of the Objects, the condition of the Objects in the Client’s judgment, and the Client’s estimated value of Objects by the time of delivery or deposit of the Objects to World Wide Secured. Such information will be accurate, complete and sufficient to allow World Wide Secured to comply with all applicable laws and regulations regarding the storage, handling and transportation of the Objects. World Wide Secured assumes no responsibility for valuation. 

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Terms and Conditions Additional Provisions

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and no prior or contemporaneous agreements shall be valid. The parties may use standard business forms or other communications but use of such forms is for convenience only and does not alter the provisions of this Agreement. Any notices under this Agreement must be in writing and delivered in person or sent by first class mail, overnight delivery by a nationally recognized carrier or facsimile to the address for the recipient set forth in this Agreement. Either party may give the other party notice of a change in address in accordance with this Section. This Agreement may be executed in counterparts and delivery of a signature page by email or facsimile shall have the same force and effect as delivery of an original signature page. A waiver of any default is not a waiver of any subsequent default. Invalid provisions shall not affect other provisions, and remaining provisions of the Agreement will remain in full effect. World Wide Secured may assign this Agreement and its obligation hereunder.

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Contact Us

If you have any questions about our Terms and Conditions, you can contact us by email at worldwidesecured@gmail.com.