1. Taxes & VAT
All fees, charges, and other amounts payable by the Licensee under this Agreement are exclusive of Value Added Tax (VAT) and any other applicable governmental taxes, duties, or levies. VAT shall be charged to and paid by the Licensee at the prevailing rate as mandated by the Federal Tax Authority (FTA) of the United Arab Emirates. The Licensee agrees to pay any such taxes in addition to the fees specified herein.
2. Non-Payment, Contractual Lien & Disposal of Goods
2.1 Immediate Default & Access Restriction
Time is of the essence for all payments due under this Agreement. In the event the Licensee fails to make any payment by its due date, STS shall have the immediate right, without further notice, to lock the Space and restrict the Licensee's access. A late administrative charge of AED 150 shall be applicable if payment is not received within seven (7) days of the due date. These administrative charges are reasonable estimates of the costs associated with managing the default and are not intended as penalties.
2.2 Contractual Lien
The Licensee hereby grants STS a specific, express, and contractual lien over all goods, items, and property stored in the Space for any and all unpaid amounts due under this Agreement, including but not limited to rent, administrative charges, and any other fees or costs incurred by STS in connection with the Licensee's default or breach of this Agreement. This lien shall be effective immediately upon the Licensee placing goods in the Space and shall continue until all outstanding amounts are paid in full.
2.3 Accelerated Disposal Right
If any payment remains outstanding for a period exceeding twenty (20) days from its due date, or if the Licensee abandons the Space and its contents, STS shall have the absolute right, at its sole discretion, to take possession of the Space and to dispose of or sell the goods stored therein. The Licensee acknowledges that this accelerated timeline is a material term of this Agreement, reflecting the commercial realities and operational requirements of STS.
2.4 Irrevocable Power of Attorney for Disposal
For the purpose of exercising its rights under Clause 2.3 above, and to the fullest extent permitted by UAE law, the Licensee hereby irrevocably appoints STS as its true and lawful Attorney-in-Fact, with full power and authority to take all necessary steps, including but not limited to:
- Entering the Space and inventorying the goods
- Removing the goods from the Space
- Selling the goods by public or private sale (with or without advertisement)
- Otherwise disposing of the goods (including by donation or destruction if deemed unsaleable or of negligible value) to recover any outstanding amounts and costs incurred
This Power of Attorney is granted as security for the Licensee's obligations under this Agreement, is coupled with an interest, and shall be binding on the Licensee and its successors and assigns.
2.5 Notice of Intent to Dispose
Prior to any disposal of goods under Clause 2.3, STS shall issue a single "Notice of Intent to Dispose" to the Licensee. This notice shall be sent via email and/or WhatsApp to the last known contact details provided by the Licensee and shall be deemed received upon transmission. The notice shall specify the outstanding amounts and state STS's intention to dispose of the goods if all outstanding amounts are not settled within a final period of seven (7) days from the date of the notice. The Licensee acknowledges that this single notice, sent electronically, constitutes sufficient and reasonable notice for the purposes of this Agreement.
2.6 Application of Proceeds & Deficit
Any proceeds from the sale or disposal of goods shall first be applied to cover all outstanding amounts due to STS (including rent, administrative charges, disposal costs, and any legal fees). Any surplus remaining after full recovery of all amounts due shall be remitted to the Licensee if their contact details are current and valid. Any deficit remaining after the application of proceeds shall remain due and payable by the Licensee, and STS reserves the right to pursue all available legal remedies to recover such deficit.
2.7 Waiver of Claims
The Licensee expressly waives any and all claims against STS Parties for trespass, conversion, misappropriation, theft, or any other cause of action arising from STS's exercise of its rights under this clause, provided such exercise is in accordance with the terms of this Agreement.
3. Limitation of Liability, No Bailment & Indemnity
3.1 No Bailment; Licensee's Sole Risk
The Licensee expressly acknowledges and agrees that this Agreement constitutes a mere license for the use of the Space, and under no circumstances shall it be deemed to create a bailment, warehouseman relationship, or any other relationship that would impose upon STS, its owners, directors, officers, or employees (collectively, "STS Parties") the duties of a custodian or insurer. STS Parties have no knowledge of, and no duty to inspect, the goods stored in the Space. All goods are stored at the Licensee's absolute and sole risk.
3.2 Limitation of Liability
To the maximum extent permitted by the laws of the United Arab Emirates (including Article 296 of the UAE Civil Code), STS Parties shall not be liable for any loss, damage, or destruction of goods stored in the Space, howsoever caused, including but not limited to fire, water, mold, pests, structural failure, or any act or omission of STS Parties, except where such loss or damage is directly and solely caused by the gross negligence or willful misconduct of STS Parties as determined by a final, non-appealable judgment of a competent Dubai court. The Licensee expressly waives any claim for ordinary negligence.
3.3 Licensee's Insurance Obligation
The Licensee acknowledges that STS's insurance policies specifically exclude coverage for property under STS's care, custody, or control. The Licensee is solely responsible for obtaining and maintaining adequate insurance for their goods for their full replacement value. The Licensee's failure to obtain such insurance shall not shift any risk of loss to STS Parties.
3.4 Waiver of Subrogation
The Licensee, on behalf of itself and its insurers, hereby irrevocably waives any and all rights of subrogation against STS Parties for any loss or damage to the goods stored in the Space, regardless of the cause. The Licensee shall ensure its insurance policies contain a clause recognizing this waiver.
3.5 Indemnification
The Licensee shall, to the fullest extent permitted by the laws of the United Arab Emirates, indemnify, defend, and hold harmless STS, its owners, directors, officers, employees, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, judgments, awards, losses, damages, costs, and expenses (including, without limitation, full attorneys' fees, expert witness fees, court costs, investigation costs, and settlement amounts) of any kind or nature whatsoever, whether actual, threatened, or alleged, arising out of, relating to, or in connection with:
- Any loss, damage, destruction, theft, disappearance, misplacement, deterioration, contamination, or any other adverse event affecting any goods, items, or property stored in the Space, regardless of the cause, and whether or not such loss or damage is covered by insurance;
- Any injury to, or death of, any person, or any damage to property (including property of third parties), caused by, arising out of, or in connection with the Licensee's use of the Space, the Licensee's goods, or any act or omission of the Licensee or its agents, employees, or invitees;
- Any breach or alleged breach of any term, condition, representation, or warranty of this Agreement by the Licensee;
- Any violation or alleged violation by the Licensee of any applicable law, statute, ordinance, regulation, rule, or order of any governmental or regulatory authority, including but not limited to those pertaining to hazardous materials, environmental protection, or public health and safety;
- Any environmental contamination, pollution, or release of hazardous or toxic substances caused by, arising from, or related to the Licensee's goods or activities within or around the Space;
- Any claims brought by the Licensee's insurers or any third party (including subrogated claims) related to the stored goods or the Licensee's use of the Space;
- Any costs or expenses incurred by the Indemnified Parties in enforcing this indemnification provision or in defending against any claim covered by this indemnity.
This indemnification shall survive the termination or expiration of this Agreement.
3.6 Consequential Loss Exclusion
In no event shall STS Parties be liable for any indirect, incidental, consequential, or special damages, including loss of profits or business interruption, arising out of or in connection with this Agreement, even if advised of the possibility of such damages.
4. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the Federal Laws of the United Arab Emirates as applied in Dubai. Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by the competent courts of Dubai.
This Agreement is executed in the English language. In the event of any dispute requiring submission to the courts of Dubai, the Agreement shall be translated into Arabic by a licensed legal translator, and the Arabic version shall prevail for the purposes of the court proceedings. The Licensee acknowledges and agrees to this provision.
5. Data Protection & Privacy
STS is committed to protecting the privacy and personal data of its Licensees in accordance with Federal Decree-Law No. 45 of 2021 regarding the Protection of Personal Data (PDPL) and other applicable UAE data protection laws. By entering into this Agreement, the Licensee explicitly consents to the collection, processing, storage, and transfer of their personal data by STS for the purposes of fulfilling the obligations under this Agreement, managing the Licensee's account, providing services, and complying with legal and regulatory requirements.
The Licensee acknowledges that they have read and understood the PurpleBox Storage Privacy Policy which details how STS collects, uses, discloses, and protects personal data. STS will implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data. The Licensee has the right to access, correct, or request the deletion of their personal data in accordance with the PDPL.
6. Contact Information
Short Term Storage L.L.C. (PurpleBox Storage)
ABA AVENUE - Unit 12 - 12th St - Al Qouz Ind.second - Al Quoz - Dubai
Phone: +971 54 224 9946
Toll-free: 971542249946
Email: contact@purplebox.ae
Website: purplebox.ae