FLEXBOX GENEVE CENTER SARL
GENERAL TERMS AND CONDITIONS OF YOUR SELF STORAGE CONTRACT

1. NATURE OF THE CONTRACT
a) The self-storage contract is a service contract governed by articles 394 to 406 of the Code of Obligations ( Switzerland) by which FLEXBOX GENEVA CENTER SARL (hereinafter referred to as FLEXBOX) provides the CUSTOMER with an electronic access and security system, unloading equipment, storage space and insurance coverage and the services of a surveillance company. The CUSTOMER stores himself (self-storage) personal belongings and other goods - without FLEXBOX having to know the nature or consistency - for the agreed period and subject to the payment of a periodic fee by the CUSTOMER for the services offered.
b) Under no circumstances may this contract be analyzed or treated as a deposit agreement (according to art 472 et seq.), FLEXBOX having no obligations of the depositary. FLEXBOX does not know the nature of the objects in storage and therefore cannot be held responsible for their restitution.
c) The present contract cannot be analyzed or be considered as a commercial lease (according to Article 253 et seq. The assignment of the premises cannot be intended for the operation of a business. The space provided must be used exclusively for the storage of authorized goods inside the building. The CUSTOMER undertakes in particular not to engage in commercial, industrial, craft, service or liberal activity in the unit or in the enclosure of FLEXBOX, each unit being exclusively reserved for the storage of goods. Thus, the CUSTOMER is forbidden to establish his head office or secondary establishment at the storage site, and to post billboards, annotations or illuminated signs both inside and outside of the storage space. The distribution of music, the distribution of drinks and food and in general all activities that refer to different people from the CUSTOMER are prohibited. The CUSTOMER further declares that the unit, subject of this contract, is not essential or necessary for the operation of a business. The CUSTOMER cannot use the storage space without the other services offered.
(d) The storage space shall in no way be used for housing purposes or even temporary residence, so that local tenancy law cannot be applied.
e) The present contract cannot be considered as a safe deposit contract, since the level of security offered by FLEXBOX is not absolute. The latter also declines any responsibility in the event of loss, theft or other damage incurred by the stored goods and requires that its CUSTOMERS insure the value of the stored goods (see chapter n ° 6).

2. DURATION
a) All contracts entered into by FLEXBOX are for a fixed term of at least one month renewed tacitly.
(b) With 14 days advance notice, the parties may terminate the agreement. Cancellation will be done either by e-mail or by registered mail (send to Flexbox, 40, rte du Nant d'Avril), and Flexbox will acknowledge receipt. At the end,  the services will be suspended and the CUSTOMER will have emptied the entire storage space and returned it according to 8.
c) In the event that the CUSTOMER has not emptied the storage space on the last day of the contract period, FLEXBOX reserves the right to proceed according to section 10 below.

3. FEE
a) The provision of services and storage space is subject to a fee. The latter is fixed at the conclusion of the contract.
b) The royalty for the entire duration of the contract is fully payable as soon as the period to which it corresponds has begun. For contracts of more than one and a half months, the CUSTOMER must pay the full fee for each calendar month no later than the first day of the said month. However, the parties reserve the right to set other payment methods.
c) FLEXBOX reserves the right to modify this fee with each renewal of the contract, by means of a notice notified by e-mail or other appropriate way, to the last e-mail address that the CUSTOMER has communicated, at least 30 days before application of the amendment.
d) The CUSTOMER, late in his payment terms, will be billed a reminder fee of CHF 20.- excluding taxes at least, and may be removed services and prohibit access to his unit up full settlement of amounts due.
e) FLEXBOX may also act in termination of contract in the event of a delay in the payment due dates, in the terms set out under number 10.

4. DEPOSIT OF GUARANTEE
A deposit, corresponding to a fee of one month minimum paid in advance, is due at the signing of the contract. The deposit is 2 months but CHF 200.- minimum for customers who are not of Swiss nationality and those who don’t have a Swiss residency. In the event of an increase in the monthly fee, an additional deposit payment may be required. FLEXBOX reserves the right to request a higher deposit on a case-by-case basis. The deposit doesn’t bear interest. It is paid by FLEXBOX who will keep it until the end of the contractual relationship and the restitution of the storage space according to ch.8.

5. SIGN
a) The CUSTOMER may access the site, his unit  and benefit from the services of FLEXBOX, provided that the contract is validly signed, the first fee and the security deposit fully paid and his identity verified by the presentation of an official document established by the Swiss authorities (passport, identity card, FDFA legitimation card, residence permit, work permit). Flexbox keeps a copy of the submitted document so that it can be delivered if requested by the authorities. In case of doubt, FLEXBOX may refuse the conclusion of a contract and reserves the right to apply the provisions of Article 10 e), without notice.
b) The CUSTOMER takes note that he is bound to respect all the security conditions stated by FLEXBOX, in particular all that concerns the access, the opening and the closing of the building and the storage space, in accordance with the detailed procedure that is given and / or displayed. The CUSTOMER ensures that when opening the doors, he is the only one to access the building. The CUSTOMER is responsible for checking that doors and gates close properly behind him. In the event of a problem, he is required to call security at the numbers displayed near the access keypads
c) Any alarm going off due to a procedural error, and which will cause the intervention of the monitoring company will be charged at least CHF 200.- to the customer. The cards, badges or access codes as well as the keys of the storage space are personal and non-transferable. The CUSTOMER is responsible for keeping these items in a safe place, and to announce any loss or theft immediately. The CUSTOMER provides his lock, according to FLEXBOX approved model, so he is the only one to hold keys. The cards and badges of access are property of FLEXBOX, the CUSTOMER is responsible for keeping them carefully.
d) The access is possible 7 days a week, 24 h a day for the site of Vernier-Meyrin, for the other sites from 5h00 to 24h00 except in writing agreement by means of a specific convention mentioned on the contract.
e) The CUSTOMER must respect the instructions given by the representatives of FLEXBOX as well as the authorized security agents who may require at any time a validity check of the access code and / or identity of any person present on the site.
(f) Vehicles may be parked only in spaces provided for this purpose, if they are available and only during the period necessary for the loading and unloading of goods. The customer must be present on the site for the entire period during which the vehicle or vehicles he uses are parked. In case of abuse, Flexbox may evacuate the vehicle, at the expense of the offender and charge a fee for administrative costs of at least CHF 100.-. For FLEXBOX sites Eaux-Vives and Chêne-Bourg access to parking is limited. Access and use of the parking from Monday to Friday from 9:00 am to 6:00 pm is granted only on a case-by-case basis and on a fee-based booking or in writing by means of a specific agreement mentioned in the contract. It is in any case prohibited during the closing hours mentioned in paragraph d) above.

6. SELF-STORAGE
a) FLEXBOX undertakes to maintain the surveillance services agreed with one or more specialized companies on a continuous basis and in particular to ensure the proper functioning of the security, alarm, video and access systems. FLEXBOX does not guarantee the permanent and sufficient disposal of the unloading equipment.
b) The CUSTOMER will exclusively occupy the storage space defined in the contract, and may not store goods in other places, or exceed the defined limits of the storage space. The CUSTOMER will refrain from making any modifications to the premises, walls, dividers, doors, power lines or any other FLEXBOX equipment. It is also forbidden to glue, nail, screw or otherwise fix equipment, fittings or the like in the storage space, and to modify, remove, damage or divert from their use any equipment located in or outside the storage space.
c) Only the storage of goods is allowed. Unless expressly authorized by FLEXBOX, the CUSTOMER will refrain from doing any work, from working on it, from installing machinery, as well as any equipment requiring an electrical connection. The storage space cannot take the place of a dwelling, even a temporary one, or a place of exercise of any commercial activity.
d) The CUSTOMER is reminded that the storage in one of the outer boxes of the FLEXBOX center is at outdoor temperature. FLEXBOX cannot be held responsible for any damage caused by temperature variations to the CUSTOMER's goods or merchandise.
e) The CUSTOMER undertakes to maintain the storage space permanently in an irreproachable state of cleanliness. It will avoid storing goods that could damage the general condition of the premises and objects stored by other CUSTOMERS.
f) For their protection but also as a preventive measure to fight against the spread of bed fleas and the like, the CUSTOMER undertakes to put away his mattresses, bedsprings, sofas, armchairs and clothes in adapted and hermetic covers on sale at the reception. Flexbox cannot be held responsible for any contamination of a customer's goods during and after the storage period. On the other hand, Flexbox will be able to turn against any customer who has not respected this clause, in particular by asking him to participate in disinfestation costs and all other costs related to a disinfection of Flexbox premises. The CUSTOMER will not encumber unnecessarily corridors, doors and car parks, the use of common premises being limited to the time strictly necessary for loading and unloading operations. He will take care not to block the automatic doors, not to impede the other customers and users. Particularly in facilities close to residential areas, as well as between 22:00 and 07:00 and on Sundays and public holidays, the CUSTOMER will refrain from excessive noise.
g) It is strictly forbidden to store any perishable, odorous, dangerous, toxic, flammable, explosive, radioactive, corrosive, volatile object, perishable objects, those causing discomfort for neighboring CUSTOMERS, as well as ammunition, dead or living animals, plants and any property that requires regulated storage conditions, or the possession of which is prohibited by law. The tires / wheels must be packed in plastic bags. Four tires / wheels are allowed maximum per m².
h) The CUSTOMER takes care that the stored goods are not damaged by their own imported causes, in particular by humidity, vermin or rust.
i) FLEXBOX reserves the right to access the storage space in the event of justified doubt concerning non-compliance with the legal or regulatory requirements of the general conditions or at the request of the police, the fire brigade or a decision of the justice
j) The CUSTOMER is solely responsible for the stored goods and declares to be in legal possession of them.
k) The CUSTOMER has exclusive access to his storage space. However, FLEXBOX reserves the right, in an emergency, to access inside a storage space, in order to preserve the property stored by the CUSTOMER or other CUSTOMERS of FLEXBOX.
l) The CUSTOMER declares to have taken note of the list of prohibited items to deposit according to ch.6 e. In case of doubt about the nature of stored objects, FLEXBOX reserves the right to carry out checks, in particular at the request of the competent authorities, without prior notice or advance notice, by accessing the storage space and, where appropriate, to eliminate all objects that may present a danger for the facility or for those who are present.
m) The CUSTOMER will be held responsible for any damage that may be caused to FLEXBOX or other CUSTOMERS.
(n) SMOKING IN THE PERIMETER OF FLEXBOX FACILITIES, ESPECIALLY IN ACCESS AREAS, PARKING, CORRIDORS AND STORAGE SPACE IS STRICTLY FORBIDDEN. THE CUSTOMER SHALL NOT PREVENT THE OPERATION OR ACCESSIBILITY OF ALL FIRE PROTECTION FACILITIES, SUCH AS SMOKE DETECTORS, SPRINKLERS, FIRE EXTINGUISHERS, ALARM PUSHERS, EMERGENCY EXITS. ALL FALSE FIREFIGHTER ALARM WILL BE BILLED TO PERPETRATOR (CURRENTLY CHF 500.-)
o) Any storage and / or disposal of waste in the enclosure or around the FLEXBOX facilities are excluded. The CUSTOMER is required to take any waste with him for disposal. Any evacuation of abandoned objects and waste will be billed to the CUSTOMER for CHF 50.- up to 100 kg, then CHF 50.- per 100 kg.
p) The CUSTOMER is solely responsible for the use of the material handling equipment made available to him. FLEXBOX declines any responsibility in the event of accidents or damages resulting from the use of this material of handling.
q) Flexbox receives on its main site, 40, Route du Nant d'Avril 1214 Vernier, within the framework of the parcels contract up to 20kg, but at most 5 per month for customers paying a monthly fee of CHF 200 .- at least. The customer is informed by e-mail of the arrival of the parcel that must be picked up at the reception within 2 working days. The company FLEXBOX does not have the quality of depositary of the goods delivered and will not be able to be held responsible in any way whatsoever. All deliveries must be made exclusively as follows: Customer name + c / o Flexbox + 40 route du Nant d'Avril  + 1214 Vernier. FLEXBOX has the right to refuse the reception of parcels whose address is not correctly worded, any administrative management following a defect of addressing (in particular invoices, import taxes, transport costs etc) can be re-invoiced to the CUSTOMER up to CHF 100 .- / hour. The reception of parcels is only done on a site having a reception, such as the one at 40, rte du Nant d'Avril in Vernier.
r) For customers receiving large parcels, pallets, or wishing Flexbox to put everything away inside a  unit  or in a temporary unit allowing them to recover goods outside the opening hours of the reception, Flexbox can conclude with the CUSTOMER an appropriate receipt of goods. All deliveries must be made in the following manner: Customer name + c / o Flexbox + 40 route du Nant d'Avril + 1214 Vernier. FLEXBOX has the right to refuse the reception of parcels whose address is not correctly worded, any administrative management following a defect of addressing (in particular invoices, import taxes, transport costs etc) can be re-invoiced to the CUSTOMER up to CHF 100 .- / hour. The reception of parcels is only done on a site having a reception, such as the one at 40, rte du Nant d'Avril in Vernier.

7. INSURANCE AND LIABILITY
a) FLEXBOX shall take all necessary steps to ensure safe and professional service and storage conditions.
b) Thus, access, opening and closing of the building are secure: the CUSTOMER can access it only by reading his card, badge or personal code. The storage space is closed by the customer’s padlock and has an individual alarm. The premises have video surveillance. However, the security guarantees are not those of a safe.
c) In the event of loss or theft of the distributed means of access (code, card, badge, key), the CUSTOMER must inform FLEXBOX immediately. The CUSTOMER must notify FLEXBOX of any claim within 24 hours from the date of discovery. In addition, if necessary, the CUSTOMER will undertake to make all the necessary declarations to the administrative authorities and to inform FLEXBOX.
d) FLEXBOX cannot be held responsible for damage to stored goods, burglaries, destruction or other may intervene in the location made available and more generally within the building of FLEXBOX and on the premises. FLEXBOX declines any responsibility in the event of loss, theft, fire, damage or other damage caused to the stored goods.
e) The CUSTOMER will indicate to FLEXBOX the maximum value of the goods stored in the storage space. He is required to have a comprehensive insurance policy covering the contents of the storage space, and to maintain it throughout the duration of the contract. The latter must in particular cover the risk of fire, explosion, water damage, theft, and natural disasters, up to the value declared when signing the self-storage contract. The insurance must be established for the value of replacement.
f) In the event of a subsequent increase in the value of the goods stored, the CUSTOMER will inform FLEXBOX. In case of damage, FLEXBOX cannot be sought for the difference between the insured value and the losses actually suffered. Moreover, FLEXBOX is free from any liability in the event that the CUSTOMER has not concluded insurance, or that the CUSTOMER has concluded with an insufficient cover value.
g) In order to fulfill his obligations, the CUSTOMER ensures with a multi-risk policy directly from FLEXBOX which subscribes for this purpose insurance with a registered insurer in Switzerland. The CUSTOMER is made aware that the following goods in particular are excluded from the insurance cover: jewelry, postage stamps, pecuniary values, furs, watches, weapons, coins, medals, precious metals, precious stones and pearls.
h) The CUSTOMER takes note that the insurance coverage subscribed through FLEXBOX ceases to be in force as soon as the related premium is late in payment of more than 10 days.
i) FLEXBOX reserves the right to take action and take any action it deems appropriate against the CUSTOMER for any damage and / or disturbances caused in or around the site.

8. RECOVERY & RESTITUTION OF THE STORAGE SPACE
The CUSTOMER acknowledges having visited the storage space prior to the signing of this contract and accepts it in good condition.
At the end of the contract, the CUSTOMER is required to return the storage space in perfect condition, free of all merchandise and waste, and in perfect cleanliness. Any damage or cleaning may be charged to the CUSTOMER. The refund of the deposit will be made within a maximum of 30 days after the inspection of the storage space by the staff of FLEXBOX, and after return of the access items entrusted to the CUSTOMER and subject to the payment of sums due. To facilitate repayment, the CUSTOMER will communicate the IBAN of his bank account. The cost of the restoration of the storage space may be deducted from the amount to be reimbursed.

9. CHANGE OF ADDRESS
The CUSTOMER must immediately announce any change of email and home address in writing. As long as the change has not been announced, FLEXBOX is entitled to send its correspondence to the last address indicated.

10. NON-COMPLIANCE WITH CONTRACTUAL CONDITIONS
a) In the event of non-compliance by the CUSTOMER with payment terms or contractual obligations as defined in the contract and the general terms and conditions, FLEXBOX may terminate the contract with immediate effect, 10 days after having sent the CUSTOMER a registered letter with formal notice remained without effect. The services of FLEXBOX will be suspended from this moment.
b) After notification of the cancellation, the CUSTOMER must, after having fully paid the amount due to FLEXBOX, to move the goods from the storage space at the latest at the end of the period of 10 days and restore the space of storage according to ch.8
c) In case the CUSTOMER has no more address (see ch.9), the cancellation will be considered notified and have immediate effect after the unsuccessful sending to the last known address of the CUSTOMER.
d) In the event that the CUSTOMER has not emptied and returned the storage space on the last day of the deadline, FLEXBOX reserves the right to empty the storage space. In addition, beyond the expiry of the contractual term, the remuneration corresponding to the illegal occupation of the storage space will be due according to the terms of the initial contract, plus a penalty of 10%, interest on late payment, recovery and other costs as well as a lump sum compensation corresponding to four months of royalty.
e) In the event of non-payment by the CUSTOMER of the amounts due to FLEXBOX, the parties agree that FLEXBOX will have a pledge on said assets which are now under the possession of FLEXBOX, in order to guarantee the claim (indemnities, penalties, damages) that it will have against the CUSTOMER under this contract. FLEXBOX will be able to:
I. Store the goods elsewhere, at the expense and risk of the CUSTOMER, or
II. To realize them freely and at best, without any other formality (according to his free appreciation, sale by mutual agreement or by way of the pursuits) to recover his due, or
III. Eliminate them in case of market value that it considers minimal or zero.
The product of a possible realization serves first and foremost to settle the overdraft. The costs of storage not covered by the realization, as well as the costs caused by the sale or the destruction of the goods remain the responsibility of the CUSTOMER. Any surplus will be deposited in a non-interest-bearing account that the CUSTOMER may claim.
f) In the event of a serious breach of the contractual obligations of a CUSTOMER causing danger in the house, FLEXBOX reserves the right to terminate the contract immediately, to intervene in the unit in order to avoid any danger and to eliminate the goods if they present a danger. FLEXBOX may also act in accordance with ch.10 e) above.

11. MISCELLANEOUS
a) In case of payment in cash, FLEXBOX immediately issues a receipt that the customer must keep in case of subsequent dispute.
b) The CUSTOMER undertakes to respect all the conditions set forth in these general conditions, as well as in the procedure to follow for the access given to him. FLEXBOX reserves the right to modify these terms and conditions at any time. Any modification will be notified to the customer in an appropriate form and will be considered as accepted by the customer in the absence of written objection of the latter within 30 calendar days of the notification.
c) The CUSTOMER undertakes not to assign to a third party this contract or any use of the storage space object of the contract. It is, however, inheritable in the event of the death of the CUSTOMER.
d) FLEXBOX reserves the right to assign another storage space of equivalent size to the CUSTOMER. The move of the goods from one space to another would then be done at the expense of FLEXBOX, who could execute it after a period of 7 days after the notification to the CUSTOMER.
e) The CUSTOMER acknowledges that he may be asked to give access to his storage space for technical reasons or maintenance.
f) The CUSTOMER authorizes the control of the movements of people by the surveillance cameras placed in the building and its surroundings. The CUSTOMER expressly agrees to the storage and processing of access control system data and cameras by FLEXBOX. It also allows FLEXBOX to keep video surveillance images.

12. JUDICIAL COURT
For all disputes arising from this contract, the parties irrevocably agree that only Swiss law is applicable and the Geneva Court of First Instance has jurisdiction.

These general terms and conditions form an integral part of the Self-Storage contract.

CG version September 15, 2017