SpareKeys.com Limited
Standard Terms & Conditions

The following terms and conditions shall apply to this Agreement:

• How it works»
• Overview

• 1.

  Definitions

  "Articles" means the items comprising keys, key rings, key fobs and other materials agreed to be stored by the Company. For the avoidance of doubt, an individual key shall constitute one Article and no more than 8 keys shall be attached to any one key ring/fob for Complete members, 4 keys for Standard members and 2 keys for Emergency members.

  "Company" shall mean SpareKeys.com Limited, registered at Cityside House, 40 Adler Street, London E1 1EE, UK

  "Customer's Nominated Location" means the location specified by the Customer to which the Articles should be delivered at the time the Customer makes a request to the Company, which must not in any event be within 100 metres of the Customer's home or other premises for which the Company is in possession of a key

  "Delivery" means the delivery by the Company of the Customer's Articles at the Customer's Nominated Location.

  Home Region is defined as a radius of fifty (50) miles surrounding the member's nominated home depot.

  "UK" means the mainland UK plus Northern Ireland.

  Home depot means one of eight cities currently occupied by the Company, currently London, Bristol, Birmingham, Manchester, Newcastle upon Tyne, Edinburgh, Glasgow and Belfast. The customer undertakes that they will nominate the home depot that is indeed closest to their home.

  "Our Working Day" means Monday through Sunday.

  "Our Working Hours" means 24 hours.

• 2.

  Services

  The Company shall use reasonable endeavours to promptly respond to a Delivery request in accordance with the terms set forth in Clause 1 above. The Company will use reasonable endeavours to promptly advise the Customer if for any reason it does not expect to be able to meet the stated response times. The description of the services to be provided by the Company to the Customer are set forth in detail in Schedule A to this Agreement. All other terms, conditions and warranties, whether express or implied, statutory or otherwise, are excluded say to the extent provided in the terms and conditions of this Agreement and signed by both parties.

• 3.

  Storage and Service Charges

  The Company shall use reasonable endeavours to promptly respond to a Delivery request in accordance with the terms set forth in Clause 1 above. The Company will use reasonable endeavours to promptly advise the Customer if for any reason it does not expect to be able to meet the stated response times. The description of the services to be provided by the Company to the Customer are set forth in detail in Schedule A to this Agreement. All other terms, conditions and warranties, whether express or implied, statutory or otherwise, are excluded say to the extent provided in the terms and conditions of this Agreement and signed by both parties.

• 3.1

  All charges from storage and service under this Agreement shall be as specified in Schedule A attached hereto, and all rates are set forth in Scheduled A are inclusive of VAT or similar duty or tax which will be included in all relevant invoices. Charges for storage shall remain fixed for the Initial Term (as hereinafter defined) of this Agreement (excluding renewals) and charges for all other services may be changed at any time upon thirty (30) days' written notice, unless otherwise provided in Schedule A. The Company reserves the right to increase its charges after the expiry of the Initial Term of this Agreement by giving the Customer no less than thirty (30) days' prior written notice. The Customer has the right within thirty (30) days of receiving such notice to provide the Company with thirty (30) days' written notice of termination of this Agreement. The Company will not seek to apply any increased charges during the Customers a 30 day period of notice of termination of this Agreement.

• 3.2

  The Company will deliver keys to anywhere in the mainland UK, regardless of where the member is based. This does not apply to Northern Ireland members, whose keys will not be delivered outside of Northern Ireland.

• 3.3

  The Company reserves the right to charge the Customer for a failed delivery if any delay is encountered or journey aborted or frustrated because Articles requested for delivery or pickup cannot be delivered by the Company at the appointed time due to the fault or failure of the Customer.

• 3.4

  The Company shall be under no liability to ensure that the Articles are in working order when delivered, save that the company undertakes that they will not be damaged while in storage or during delivery.

• 4

  Term; Storage and Service Commitment

• 4.1

  The term of this Agreement shall commence on the date of Customer's registration. The Initial Term of this Agreement shall commence on the date as aforesaid and shall, unless the Initial Term is otherwise agreed in writing, continue for one (1) calendar year thereafter. The Initial Term will end after one (1) calendar year (unless otherwise provided in writing), with automatic renewals for additional successive terms of a duration equivalent to the Initial Term, unless written notice of non-renewal is delivered by either party to the other not less than thirty (30) days prior to the expiration date. PROVIDED ALWAYS that such notice is to expire no earlier than the last day of the Initial Term. The Terms and conditions will continue to apply after the expiration date until all Articles are removed from the Company's facility and all payments due to the Company have been paid.

• 4.2

  The Company reserves the right to cancel this Agreement with not less than thirty (30) days' notice to the Customer for any reason.

• 4.3

  In the event of cancellation by the Customer, the Customer acknowledges that he will need to pay (in accordance with the pricing set out in Schedule A as amended from time to time) the Company for the return of the Customer's Articles in the Company's possession.

• 4.4

  The Company accepts no liability for keys until they have been delivered to the Company by the Post Office. You will be notified by email when the keys arrive. The keys will not be available for emergency delivery for a further two working days.

• 5

  Access; Procedures; Force Majeure; Confidentiality

• 5.1

  Articles and data collected by the Company as a consequence of the Articles may be delivered pursuant to direction of the Customer's agent identified in the Company's standard authorisation forms. Authority granted to any person on the Company's standard authorisation forms shall constitute the Customer's representation that the identified persons have full authority to order any service for or removal of the Customer's Articles, and to deliver and received such Articles.

• 5.2

  The Customer shall comply with the Company's reasonable operational requirements, as revised from time to time, regarding safe storage, delivery volumes, security, access and similar matters. The Customer acknowledges that extraordinary volume or service/delivery request may require the Company to incur additional costs, which the Customer will pay at the Company's overtime rates, provided that the Company shall have advised the Customer of additional costs in advance. For the avoidance of doubt, the Company will endeavour to provide an efficient and prompt service to the Customer and will consider all requests for additional services, such as deliveries outside of the member's Home Region, and will endeavour to meet such requests. The Customer acknowledges that the service/time guarantees will not apply to such deliveries.

• 5.3

  The Company shall not be liable for delay or inability to perform caused by acts of God, governmental actions, labour unrest, riots, terrorist acts, road traffic accidents or road closures, extreme winter weather, natural degradation of the Articles (including but not limited to oxidisation) or other causes beyond its control.

• 5.4

  The Company may comply with any court order, warrants all similar order related to the Articles, provided that the Company notifies the Customer promptly upon receipt thereof, unless such notice is prohibited by law. The Customer shall pay the Company's reasonable charges for such compliance.

• 5.5

  "Confidential Information" means any information (without regard to the medium on which such information may be recorded, whether written, visual, audio, graphic, computerised or otherwise) concerning all relating to the property, business and affairs of the Customer. Unless such Confidential Information was previously known to the Company free of any obligation to keep it confidential, is subsequently made public by the Customer or by a third-party having a legal right to make such disclosure, or was known to the Company prior to receipt of same from the Customer, it shall be held in confidence by the Company and shall be used only for the purposes provided in this Agreement. The Company shall use the same degree of care to safeguard the Confidential Information of the Customer as it utilises to safeguard its own Confidential Information, PROVIDED ALWAYS that the Company will not hold any personal information about the Customer other than what is required to process payments and to identify the Customer.

• 5.6

  The Customer hereby agrees to have all telephone conversations with the Company and its agents to be recorded for security purposes.

• 5.7

  The Customer acknowledges that under no circumstances will the Company's employee/agent delivering the Articles at the Customer's Nominated Location take possession of the Articles after they have been delivered to the Customer. The Customer must return the Articles to the Company by post or as directed by the Company in their terms of service as amended from time to time.

• 6

  Data Protection Act 1998, including any modification or re-enactment thereof ("Act")

  The parties acknowledge that the Company may have access to "Personal Data", (as defined in the Act) in providing the Services. The Customer appoints the Company to process the Personal Data on the Customer's behalf. The Customer warrant that the Personal Data is not Sensitive Personal Data (as defined in the Act) and that it has all necessary consent and authorisations for the Company to process Personal Data in the manner and for the purposes (which are solely determined by the Customer) in accordance with the terms of this Agreement. The Company shall act only on instructions from the Customer in respect of such Personal Data. Except as required for the performance of this obligation under the Agreement, the Company shall not retain any copy, abstract, precis or summary of any of the Personal Data.

• 7

  Liability & Limitation of Damages

• 7.1

  The Company shall not be liable for any loss of or damage to Articles, however caused, unless such loss or damage resulted from the failure by the Company to exercise such care in regard thereto as a reasonably careful person would exercise under like circumstances; the Company is not liable for loss or damage which could not have been avoided by the exercise of such care. If liable, the amount of the Company's damage is limited as provided under these terms and conditions. All of the Articles deposited by Customer with the Company are insured by the Company against loss or damage, however caused to a maximum value of £100 for all of the Articles held by the Company for the Customer. In the event that an insurance claim is made by the Customer, the Customer shall provide documentary evidence proving any loss. The Customer may insure Articles through third-party insurers for any amounts, including amount in excess of the limitation of liability. The Customer shall cause its insurers of stored materials to waive any right of subrogation against the Company.

• 7.2

  In no event shall the Company be liable for any loss of business, loss of profits, loss of contracts, loss of goodwill or any consequential or incidental damages arising as a result of the Articles and the related services to be provided pursuant to the terms of this Agreement.

• 7.3

  The Company cannot reasonably assess the value to the Customer of the Articles being stored beyond the level of insurance stated at clause 7.1. The Company cannot reasonably obtain insurance for such eventualities so, except as otherwise expressly set forth on the front of this Agreement and in this Clause 7, the Company shall not be liable for any loss or damage suffered or incurred by the Customer arising out of or in connection with any loss or misdelivery of or damage to Articles or other breach by the Company of its obligations under this Agreement (including, without limitation, those set forth in clause 7.2 above), save that any exclusion or limitation shall not extend to any liability of the Company in respect of any death or personal injury caused by the negligence of the Company.

• 8

  Notice of Claim

• 8.1

  Claims by the Customer must be presented in writing to the Company within a reasonable time, and in no event longer than sixty (60) days after delivery or return of the Articles to the Customer or sixty (60) days after the Customer is notified by the Company that loss, damage or destruction to part or all of the Articles has occurred.

• 8.2

  No action may be maintained by the Customer or others against the Company for loss, damage or destruction of Articles, unless a timely written claim has been given as provided in clause 8.1, and unless such action is commenced either within nine (9) months after (i) the date of delivery all return by the Company or (ii) the date the Customer is notified that loss, damage or destruction to part or all of the Articles has occurred.

• 8.3

  When Articles have been lost, damaged or destroyed and have not been delivered or returned to the Customer, notice thereof may be given by mailing a registered letter to Customer. In the event notice of loss, damage or destruction is given by registered letter, the time limitation for presentation of a claim and commencement of action begins three (3) days following the date of mailing of such notice by the Company.

• 9

  Payment; Lien for Monies Due the Company

• 9.1

  The Company shall have a lien on all Articles of the Customer for all monies due to Company for storage, service fees and other charges or expenses in connection with such Articles and shall also have a general lien on all Articles for any money due to the Company from the Customer or the owners of such Articles upon any account whatsoever. In the event the Company takes any actions pursuant to this clause, it shall have no liability to the Customer or anyone claiming by or through the Customer. Nothing herein shall preclude the Company from pursuing other remedies authorised by statute or otherwise. All charges for services rendered or to be rendered and storage fees through permanent removal, including account closure fees, shall be paid by Customer prior to delivery of Customer's Articles at expiration of the term of this Agreement.

• 9.2

  In the event that payment has not been made in accordance with clause 9.1 and in addition to the remedies available to the Company set out in this Agreement, the Company reserves the right to place the Articles in "Deep Storage" (as hereinafter defined). Articles held in Deep Storage may only be retrieved with forty eight (48) hours notice and at an additional cost as specified in Scheduled A.

• 10

  Destruction of Articles

  The Customer releases the Company from all liability by reason of the destruction of Articles pursuant to the Customer's written direction. For the avoidance of doubt, a request by the Customer to destroy the Articles must be in writing and the Company reserves the right to charge a reasonable disposal fee of £25.

• 11

  Notices

  Any notice made pursuant to this Agreement must be given by telephone or made in writing by e-mail, at the addresses most recent e-mail address held by the Company or Customer until written notice of a change of address has been received or by telephone. Notices to Company shall be sent to the attention of its Director.

• 12

  Customer Warranties

• 12.1

  The Customer warrants that it is the owner or legal custodian of the Articles and has full authority to store the Articles for the entire term and direct their disposition in accordance with the terms of this Agreement.

• 12.2

  The Customer warrants that they will not request the Company to deliver the Articles to a location within 100 metres of their home, or any other premises to which the Company stores a key. THIS IS TO ABSOLUTELY GUARANTEE THE CUSTOMER'S SECURITY AND UNDER NO CIRCUMSTANCES WILL THIS BE PERMITTED.

• 12.3

  In the event that the Customer breaches any of the terms of this Agreement including the warranties in this clause 12 or the Company believes or has reason to believe that the Customer is in breach of the warranties, the Company reserves the right at its option to withhold service or cancel this Agreement.

• 13

  Indemnity

  The Customer agrees to fully indemnify and hold harmless the Company and its employees and agents for any liability, costs or expenses (including litigation expenses and reasonable legal fees) arising out of (i) the Company's possession of the Customer's Articles, (ii) the Customer's breach of any terms or provisions of this Agreement, (iii) the Company's relations with the Customer or third parties designated by Customer pursuant to this Agreement.

• 14

  Restrictions on the Articles; The Customer's Nominated Location

  The Customer shall not, at any time, store with the Company Articles considered to be illegal, highly flammable, explosive, toxic, or otherwise dangerous or unsafe to store or handle any illegal substance or any material which is regulated under any national or local law or regulation relating to the environment or hazardous materials. The Customer shall not store negotiable instruments, jewellery or other items that have intrinsic market value. The Customer's Nominated Location where the Company's employees or agents perform services or make deliveries hereunder shall be free of all hazardous substances and any other hazardous or dangerous conditions.

• 15

  Modification and Assignment

  This Agreement binds the heirs, executors, successors and assigns of the respective parties and cannot be changed orally. This Agreement may not be assigned by Customer.

• 16

  General

• 16.1

  In the event that any additional Customer Articles are added to this Agreement, then the terms of this Agreement for such additional locations or Articles shall be coterminous with the term initially established herein. In addition, unless otherwise expressly agreed to in writing by the Company, the anniversary date for pricing increases for all of Customer's locations and Articles held under this Agreement shall be the anniversary date initially established in this Agreement.

• 16.2

  This Agreement, together with the attached Schedule A, represent the entire agreement between the Company and the Customer and may not be amended or modified without an amendment to this Agreement signed by both the Company and the Customer. Any alternative or additional terms and conditions proposed by the Customer not expressly set forth in an amendment to be signed by both the Customer and a director of the Company are hereby rejected by the Company.

• 16.3

  This Agreement shall be governed and construed in accordance with the laws of England & Wales and both parties agree to submit to the non-exclusive jurisdiction of the English Courts.

Schedule A

This Schedule A is made part of the Agreement between the Company and the Customer.

All prices are inclusive of VAT.

• 1.

  Storage Pricing

  £39.00 per annum per collection of 8 Articles for Complete members
  £20.00 per annum per collection of 4 Articles for Standard members
  £5.00 per annum per collection of 3 Articles for Emergency members

  Storage charges will be billed yearly in advance.

  Retrieval from Deep Storage will be charged at £50 per collection of keys

• 2.

  Delivery Pricing

  For Complete Members

  First delivery each year is free
  Subsequent deliveries are charged at £25.00 per delivery.

  For Standard Members

  All deliveries are charged at £30.00 per delivery.

  For Emergency Members

  All deliveries are charged at £50.00 per delivery.
  Failed Deliveries caused by Customer are charged at normal Delivery Pricing.

• 3.

  Delivery Guarantee

  Deliveries within a member's home region are guaranteed to be completed within two hours, or there will be no charge for the delivery. Deliveries outside of a member's home region carry no delivery guarantees, although the Company undertakes to deliver as soon as possible.

If you have any further questions, please visit our FAQ page or contact us on 08700 695397