|Event Outside Our Control||is defined in clause 14.2;|
|Application||your application for the Services as set out in the accompanying application form;|
|Services||the services that we are providing to you as set out in the Application, concerning, but not limited to, the provision of safe deposit box services;|
|Terms||the terms and conditions set out in this document; and|
|We/Our/Us||Manchester Safety Deposit Centre Limited, trading as “Safe Deposit Centre Manchester” (company registration number 08210211) whose registered office is Security House, 25 Addington Street, Manchester M4 5EU.|
1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
2 Our contract with you
2.1 These are the terms and conditions on which we supply services to you.
2.2 Please ensure that you read these terms carefully, and check that the details on the application and in these terms are complete and accurate, before you sign and submit the application. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
2.3 When you sign and submit the application to us, this does not mean we have accepted your application for services. Our acceptance of the application will take place as described in clause 2.4. If we are unable to supply you with the services, we will inform you of this and we will not process the application.
2.4 These terms will become binding to you and us when we issue you with a written acceptance of your application, at which point a contract will come into existence between you and us.
2.5 If any of these terms conflict with any terms of the application, the application will take priority.
2.6 We shall assign an application number to your application and inform you of it when we confirm receipt of your application. Please quote the application number in all subsequent correspondence with us relating to the application.
3 Changes to application or terms
3.1 We may revise these terms from time to time.
3.2 If we have to revise these Terms under clause 3.1, we will give you at least one month's written notice of any changes to these terms before they take effect as well as setting out our reasons for such changes, for example, changes in relevant laws and regulatory requirements, changes in our fraud and crime prevention procedures, changes to our systems, technology or access procedure, among other things. You can choose to cancel the contract in accordance with clause 15 if you are not happy with our changes.
3.3 You may make a change to your application for services at any time before the start date of the services by contacting us. Where this means a change in the total price of the services will apply, for example if you decide to take a larger box, we will notify you of the amended price in writing. The services will not be provided to you until we have received the amended payment in full. You can choose to cancel the application in accordance with clause 15.1 if you do not accept the amended price.
3.4 If you wish to cancel an application before it has been granted, please see your right to do so in clause 15.
4 Providing services
4.1 We will supply the services to you from the date agreed between us in writing for the period set out in the application.
4.2 We will make every effort to process the application and provide the services, however, there may be delays due to an 'event outside our control'. See clause 14 for our responsibilities when an 'event outside our control' happens.
4.3 We will require certain information from you in order to provide the services and undertake our money laundering and credit reference checks. We will notify you of what information is required. If you fail to provide us with the requested information, or you provide us with incomplete, incorrect or false information, we may make an additional charge of a reasonable sum to cover any extra work that is required to process your application, or we may suspend your access to the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided the requested information to us. Please also refer to clauses 16 (Our Rights to Cancel and the Applicable Refund) and 19 (Credit Checks and Preventing Fraud and Crime).
4.4 We may have to suspend your access to the services if we have to deal with technical problems. We will contact you to let you know in advance when your access will be suspended so that scheduled repairs can take place. If the problem is urgent or an emergency, we will contact you via email with updates and to let you know when access will resume.
4.5 If you do not pay us for the services, or any other fees or charges, as set out or referred to in these terms, when you are supposed to as set out in clause 6.3, we may suspend your access to the services and your safe deposit box with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this.
5 If there is a problem with the services
5.1 In the unlikely event that there is any defect with the services:
5.1.1 please contact us and tell us as soon as reasonably possible;
5.1.2 please give us a reasonable opportunity to repair or fix any defect; and
we will investigate the defect as quickly as possible. Following our investigation we will inform you of the outcome and appropriate resolution. You will not have to pay for us to repair or fix a defect with the services under this clause 5.1.
5.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
5.3 As a provider of safe deposit box services, we are regulated by the Financial Services Authority. The Financial Ombudsman Service is available to you to investigate complaints about the provision of the Services.
5.4 In the unlikely event that we have not corrected or resolved a default with the services to your satisfaction, you may then refer your complaint to the Financial Ombudsman Service, who will then contact us on your behalf.
5.5 Your complaint will only be considered by the Financial Ombudsman Service after you have tried to resolve it with us. Please, therefore, ensure you raise your concerns with us first. You can contact the Financial Ombudsman Service by writing to them at:
Financial Ombudsman Service
or by calling them on 0800 023 4567
5.6 If you do raise a complaint with the Financial Ombudsman Service, your rights to take legal action will not be affected.
5.7 Please note that the Financial Services Compensation Scheme is not available in relation to the Services.
6 Price and payment
6.1 The price for the services is set out in our price list (which is in force at the time we confirm your application). Our prices may change at any time, but price changes will not affect applications that we have accepted. Price changes will take affect from the renewal date of the services.
6.2 Our prices include VAT, unless we tell you otherwise.
6.3 Where we are providing services to you, we will ask you to make an advance payment for the services as well as pay a deposit, the amounts for which are set out in the application. We will not approve your application, as set out in clause 2.4, until we are in receipt of the advance payment and deposit from you. Your rights to a refund on cancellation are set out in clause 15.
7 Renewal of services
7.1 We will contact you one calendar month before the termination date of the services. We will ask you to confirm if you wish to extend your Service term and We will provide you with the up to date pricing information and a new application for you to sign and return to us, to confirm the extension.
7.2 You must pay the applicable fee to extend your service term before the termination date of the service. You will not be able to access your safe deposit box after the termination date, without our express permission.
7.3 If you do not wish to renew or extend the services, you must ensure that your safe deposit box is empty and you have returned your safe deposit box keys to us, in person, before the termination date of the service. If you fail to empty your safe deposit box and fail to return the safe deposit box keys before the termination date of the service, then we will revoke your access to your safe deposit box and you will be charged a standard fee of £20.00 per day, for each day thereafter until the safe deposit box keys are returned to us.
7.4 If we do not hear from you within 2 months of the termination date of the service, then we will use a locksmith to gain access to your safe deposit box and we will take possession of your items. You consent to us selling your items to recover the costs incurred by us in gaining access to your safe deposit box and to recover the fees you owe to us.
7.5 Following the sale of your items, you confirm and authorise us to deduct the sums you owe to us from the proceeds of sale. We will pay any remaining amount to an account of your choice, following your confirmation in writing to us of the account details.
7.6 If the value of the items in your safe deposit box do not amount to the sums you owe to us, we reserve the right to bring a claim against you to recover the outstanding sums through the courts.
8 Joint customers
8.1 If the application is made in the names of two customers jointly, you will both need to satisfy the criteria set out in these terms. Should one of you not comply with these terms, you authorise us to be able to take action against either of you or both of you as we feel is appropriate.
8.2 You will only be provided with two safe deposit box keys.
8.3 You authorise us to be able to communicate with, and accept instructions from, any of the joint customers and we accept no liability for the removal of items from your safe deposit box by either of you without the permission of the other.
9 Your safe deposit box - access
9.1 You can access your safe deposit box at any time during our standard opening hours. Our standard opening hours can be found on our website and you can telephone us at any time to request them.
9.2 To access your safe deposit box you will firstly need to provide your biometric access (which you provide to us as part of your application), such as your fingerprints, as well as one form of Government issued photo identification, such as your passport or driving licence. Our staff will then verify your biometric access and your identity (using the information and data that you provide to us as part of your application). Once your identification has been confirmed, you will be required to insert your safe deposit box key into the safe deposit box door to gain access to our safe deposit box.
9.3 We cannot access your safe deposit box and we do not keep a copy of your safe deposit box key. Following acceptance of your application, we will provide you with two copies of your safe deposit box key. You must collect your keys from us, in person, and provide both your biometric access and your Government issued photo identification documents in order to receive your keys.
9.4 You are not permitted to make copies of your safe deposit box keys and all keys remain our property. Please refer to clause 12 for what to do if you lose a safe deposit box key.
9.5 Your safe deposit box can only be accessed by people who have the necessary clearance and access information. If you would like to grant someone else access to your safe deposit box, we will require them to provide their biometric data, contact details and undergo our money laundering and credit checks, as if they were obtaining a safe deposit box for themselves. Both they and you will also need to sign an additional application form to confirm and approve access as well to confirm that the additional person accepts to comply with, and be bound by, these terms.
9.6 You will be provided with 2 keys for your safe deposit box, however, you may request additional keys should they be required. Please contact us in writing to request additional keys. You will need to pay a fee for each additional key. We will notify you of the cost of the additional keys when we confirm your request with you.
9.7 You can revoke the access you grant to other people by providing us with your written express confirmation. Revocation will take place within one hour of our confirmation of receipt of your request.
10 Your safe deposit box - usage
10.1 Whilst you are not required to inform us of what items are stored in your safe deposit box, you are not permitted to store the following items:
10.1.1 the proceeds of crime or any illegal items;
10.1.2 drugs or chemicals or any items which are noxious, poisonous, corrosive, flammable, explosive or unstable;
10.1.3 any items which may cause harm to any person, premises, or place, including your safe deposit box, Our employees, any other client of ours, or a member of the public;
10.1.4 firearms, ammunition, or knives;
10.1.5 any organic material, including plant or animal materials, or any other substance, which is the subject of any ban, embargo or import restrictions;
10.1.6 any material or media which is defamatory, immoral, indecent, offensive, slanderous or libellous; and
10.1.7 anything which has been or may be used in any act of terrorism.
10.2 All items stored in your safe deposit box must belong to you. You must not store items for anyone else.
10.3 In the event of a breach of clause 10.1 above, you must compensate us for all costs, charges, expenses, claims or damages that we incur or are made against us, should any harm, loss or damage arise as a result of such breach.
11 Your safe deposit box – protection of items
11.1 Using a safe deposit box is not an alternative to obtaining insurance for the items you store in your safe deposit box. We recommend that you:
11.1.1 obtain the appropriate insurance cover for the full value of your items;
11.1.2 keep a list of your items in another location;
11.1.3 take photographs of your items, especially if they are rare or unique;
11.1.4 obtain professional valuations where appropriate;
11.1.5 ensure your items are stored correctly, for example keeping jewellery in fabric rolls, or documents in waterproof sealed packets; and
11.1.6 (with regards to documents) keep a photocopy in another location.
12 Loss and theft of safe deposit box keys
12.1 If you lose one or both of your safe deposit box keys, you must notify us as soon as possible after the event. Please refer to clause 17 about how to contact us.
12.2 If you lose one or both of your safe deposit box keys, we will replace your safe deposit box lock and provide you with 2 new keys. The new lock and keys are provided by us in a security sealed packaging. If you wish to open and inspect the security sealed packaging and observe your lock being changed, please contact us and we will make the necessary arrangements for you to be present. You will still need to follow our standard access requirements and bring the relevant access documents with you to gain access to your safe deposit box.
12.3 Before a safe deposit lock is changed, you must pay the appropriate fee. This fee will be notified to you when you contact us to request a lock change. The fee will cover the costs of the new lock and keys as well as the locksmith’s time to replace the lock.
13 Our liability to you
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
13.2 We are only supplying you with the services for private use. You agree not to use the services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not exclude or limit in any way our liability for:
13.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 breach of the terms implied by section 2 of the 'Supply of Goods and Services Act 1982' (title and quiet possession);
13.3.4 breach of the terms implied by sections 3, 4 and 5 of the 'Supply of Goods and Services Act 1982' (description, satisfactory quality, fitness for purpose and samples); and
13.3.5 defective products under the 'Consumer Protection Act 1987'.
14 Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an 'event outside our control.'
14.2 An 'event outside our control' means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3 If an 'event outside our control' takes place that affects the performance of our obligations under these Terms:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the 'event outside our control'. Where the 'event outside our control' affects our performance of services to you, we will restart the services as soon as reasonably possible after the 'event outside our control' is over.
14.4 You may cancel the contract if an 'event outside our control' takes place and you no longer wish us to provide the services. Please see your cancellation rights under clause 15. We will only cancel the contract if the 'event outside our control' continues for longer than 2 weeks in accordance with our cancellation rights in clause 16.
15 Your rights to cancel and applicable refund
15.1 Before we begin to provide the services, you have the following rights to cancel an application for the services, including where you choose to cancel because we are affected by an 'event outside our control' or if we change these terms under clause 3.1, where such change is to your material disadvantage:
15.1.1 You may cancel any application for services at any time before the start date of the services by contacting us. We will confirm your cancellation in writing to you.
15.1.2 If you cancel an application under clause 15.1.1 and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
15.1.3 However, if you cancel an application for services under clause 15.1.1 and we have already processed and approved your application, you will pay us any costs we reasonably incurred and this charge will be deducted from any refund that is due to you or, if no refund is due to you, we will invoice you. We will tell you what these costs are when you contact us. However, where you have cancelled an application because of our failure to comply with these terms (except where we have been affected by an 'event outside our control'), you do not have to make any payment to us.
15.2 Once we have begun to provide the services to you, you may cancel the contract for the services at any time by providing us with at least 90 calendar days' notice in writing. Any advance payment you have made for services that have not been provided will be refunded to you.
15.3 Once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if we:
15.3.1 break this contract in any material way and we do not correct or fix the situation within 21 days of you asking us to in writing;
15.3.2 go into liquidation or a receiver or an administrator is appointed over our assets;
15.3.3 change these terms under clause 3.1 to your material disadvantage;
15.3.4 are affected by an 'event outside our control'.
16 Our rights to cancel and the applicable refund
16.1 We may have to cancel your application before the start date of the services due to an 'event outside our control' or the unavailability of key personnel or key materials without which we cannot provide the services. We will promptly contact you if this happens.
16.2 If we have to cancel your Application under clause 16.1 and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
16.3 Where we have already started processing your application by the time we have to cancel under clause 16.1 we will not charge you anything and you will not have to make any payment to us.
16.4 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
16.5 We may cancel the contract for services at any time with immediate effect by giving you written notice if:
16.5.1 you do not pay us when you are supposed to as set out in clause 6.3; or
16.5.2 you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
17 Information about us and how to contact us
17.1 We are a private limited company registered in England and Wales. Our company registration number is 08210211 and our registered office is at Security House, 25 Addington Street, Manchester M4 5EU our registered VAT number is 108293518.
17.2 If you have any questions about our company, or you would like further information, or if you have any complaints, please contact us. You can contact us by telephoning our customer service team on 0161 273 7487 or by e-mailing us at email@example.com. You can also find out more about our company from the Companies House public record.
17.3 If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to 'Manchester Safety Deposit Centre at Victoria House, Great Ancoats Street, Manchester, M4 7DB" and firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand or by pre-paid post to the address you provide to us in your application.
18 Information about you and how we will contact you
18.1 It is our legal obligation to keep your personal information private and confidential and we will take appropriate measures to ensure that your personal information is processed securely and confidentially.
18.2 We will use the personal information you provide to us to:
18.2.1 provide the services;
18.2.2 process any payments for such services;
18.2.3 investigate and respond to any complaint or enquiry that you have;
18.2.4 carry out money laundering and credit reference checks;
18.2.5 collect any debts which you owe to us;
18.2.6 comply with any request for information from, or to assist with any investigation by the UK Financial Services Authority, HM Revenue and Customs or any other authority;
18.2.7 comply with any request for information from, or to assist with any investigation by any authority relating to fraud, crime and terrorism;
18.2.8 comply with any legal or public interest requirements;
18.2.9 assess any insurance risks; and
18.2.10 inform you about similar products or services that we provide and those provided by third parties which we believe may be of interest to you. You may stop receiving these at any time by contacting us.
18.3 You must not provide us with any personal information about anyone else, unless you have their express permission to do so.
18.4 We will contact you using the contact information that you provided to us in your application. We will always attempt to contact you by email first and then by telephone and post.
18.5 You must inform us if your contact details or personal information change. We will keep a record of your updated information on our system. It is your responsibility to ensure that we have the most up to date and correct information, however, we may ask for you to confirm your personal information is correct from time to time. You have a right, under data protection laws, to make a written request for a copy of certain personal information that we hold about you. We will inform you if there will be an administration charge for the provision of such information.
19 Credit checks and preventing fraud and crime
19.1 As part of the application, we undertake money laundering and credit checks, with the appropriate agencies to assist in the prevention of fraud, crime and terrorism.
19.2 By submitting your application to us, you consent to us undertaking the relevant money laundering and credit checks with the appropriate agencies and to us sharing your personal information with them. Please refer to clause 18 above.
19.3 If you provide inaccurate or false information to us, a negative result is returned by any of our agencies, or we suspect fraudulent, criminal or terrorism related activity, we reserve the right not to accept your application and we may pass your information to the relevant authorities and agencies and take any action we consider appropriate to meet our legal obligations relating to fraud, crime or terrorism prevention. Please refer to clause 15 above.
19.4 Please contact us if you would like to know which agency has carried out a money laundering and/or a credit check using your personal information. If you require any information from the agencies, they may charge you a fee to obtain it.
19.5 We, and/or other authorities and agencies may access your personal information to prevent fraud, crime and terrorism and we will comply with any such requests and investigations undertaken by the relevant authorities and agencies to meet our legal obligations.
20 Other important terms
20.1 We may transfer our rights and obligations under these Terms to another organisation who we reasonably believe will treat you fairly and who is capable of performing our obligations under these terms, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
20.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.