Important: This Agreement creates a licence to occupy storage space and is not a residential tenancy. Residential use (sleeping, living, or cooking) is strictly prohibited.
1. Definitions
In this Agreement, the following capitalized terms have the meanings set out below:
- "Client" means the person or entity identified in the Client Information Form.
- "Client Information Form" means the form (paper or electronic) completed by the Client providing personal information, payment method details, a description of Goods in Storage, and the Rental Start Date.
- "Goods in Storage" means all property stored by the Client in the Storage Space, including any vehicle, boat, or trailer stored under Schedule A (if applicable).
- "Move-In Documents" means this Agreement, the Client Information Form, any applicable schedules, and the Payment Receipt.
- "Owner" / "Domtor" / "we" / "us" means Domtor Energy Services Ltd., operating as Domtor Storage (DomtorStorage.com), 840 Grand Lake Rd, Sydney, NS.
- "Owner's Property" means the lands and buildings at which the Storage Space is located.
- "Payment Method Information" means the payment details (e.g., credit/debit card or pre-authorized debit) authorized by the Client to pay User Fees and other charges.
- "Payment Receipt" means the receipt issued by Domtor confirming payment for a Rental Period and identifying the Storage Space.
- "Rental Period" / "Rental Cycle" means successive one-month periods beginning on the Rental Start Date, unless otherwise stated in the Payment Receipt.
- "Rental Start Date" means the date shown on the Payment Receipt.
- "Storage Space" / "Space" / "Unit" means the unit or area assigned to the Client under this Agreement, including any replacement unit designated by Domtor.
- "User Fees" means the monthly rental fee plus any other charges and applicable taxes payable by the Client under this Agreement.
2. Grant and Consideration
2.1 In exchange for timely payment of User Fees and compliance with this Agreement, Domtor grants the Client a revocable, non-exclusive licence to occupy the Storage Space solely for the storage of Goods in Storage, commencing on the Rental Start Date and continuing until terminated in accordance with this Agreement.
2.2 This Agreement does not create a bailment, warehouse receipt, or any obligation on Domtor to care for the Client's goods. All property is stored at the Client's sole risk.
3. Financial Terms
3.1 Due Date. User Fees are payable monthly in advance on the first day of each Rental Period.
3.2 Account Setup and Possession. The Client will not be granted access to the Storage Space until: (i) all Move-In Documents have been completed and accepted by Domtor; and (ii) payment of the first Rental Period's User Fees (and any required deposits or fees) has been received.
3.3 Payment Methods and NSF. Domtor may accept pre-authorized payments after the first Rental Period. Dishonoured or returned payments (card or debit) are subject to a $35 NSF fee (subject to change upon reasonable notice).
3.4 Late Fees and Over-Lock. If payment is not received by day 5 of the Rental Period, a late fee equal to the greater of $25 or 5% of the overdue balance will apply. Continued non-payment may result in over-lock of the Storage Space.
3.5 Fee Changes. Domtor may adjust User Fees upon 30 days' written notice to the Client.
3.6 No Proration or Refunds. No refunds will be issued for partial Rental Periods if the Client vacates early. Fully prepaid, unused complete Rental Periods may be refunded at Domtor's sole discretion.
3.7 Other Charges. The following services are chargeable to the Client at posted or reasonable market rates: lock-cut/replacement, contents inventory, lien processing, advertising, auction, clean-out, disposal, pest mitigation, after-hours access, and damage repair caused by the Client.
4. Client Obligations and Terms of Use
4.1 Permitted Use. The Storage Space may be used for storage of personal or business property only. The following uses are strictly prohibited: habitation, office use, manufacturing, repair work, and retail activity.
4.2 Prohibited Items. The following must not be stored in the Storage Space:
- food, perishables, animals, or plants;
- hazardous or regulated materials, including but not limited to fuel, oils, petrochemicals, solvents, paints, pesticides, fireworks, matches, explosives, propane, and batteries with acid leaks;
- firearms, ammunition, or explosives;
- illegal, stolen, or counterfeit goods;
- fibres, rags, or tires;
- items emitting strong odour, mold-contaminated items, or waste.
4.3 Compliance. The Client must comply with all applicable laws, fire codes, and posted facility rules. Access doors and drive lanes must remain unobstructed at all times.
4.4 No Alterations. No painting, drilling, shelving affixed to the structure, electrical wiring, or other modifications may be made without Domtor's prior written consent.
4.5 Security and Cleanliness. The Client must: (i) supply their own lock; (ii) keep the door fully open while the Space is occupied; (iii) keep the door locked when the Space is unattended; (iv) maintain the Space clean and free of trash; and (v) keep all items within the Space (not in hallways or drive lanes).
4.6 Common Areas. Dumping in common areas is prohibited. The Client is responsible for all costs associated with removal and disposal of items left outside the Space or remaining after move-out.
4.7 Access Hours. The facility is accessible 24 hours a day, 7 days a week, subject to change upon reasonable notice. Domtor may temporarily restrict access for repairs, weather events, safety concerns, or emergencies without liability to the Client.
4.8 Valuation Limit. The Client agrees that the aggregate value of all Goods in Storage will not exceed $5,000 (excluding a designated vehicle stored under Schedule A, if applicable) unless agreed to in writing by Domtor.
5. Condition, Entry, and Inspections
5.1 As-Is Condition. The Storage Space is provided as-is, where-is. Unless expressly stated in writing, the Space is not climate-controlled.
5.2 Owner Entry. Domtor and its authorized agents may enter the Storage Space with or without prior notice: (i) in an emergency; (ii) to protect life, safety, or property; (iii) for repair or maintenance of the facility; (iv) to enforce this Agreement; or (v) as required by law. Where practicable and non-urgent, Domtor will make reasonable efforts to notify the Client in advance.
5.3 Security and Cameras. Security features (e.g., cameras) may be present at the facility but are not a guarantee of the safety or security of the Client's property. By signing this Agreement, the Client consents to video surveillance on the premises as permitted by applicable law.
6. Insurance, Risk, Liability, and Indemnity
6.1 Client's Risk. All Goods in Storage are kept at the Client's sole risk. Domtor does not insure the Client's property under any circumstances.
6.2 Client Insurance. The Client is strongly encouraged to maintain appropriate insurance covering loss or damage to stored property arising from any cause, including theft, fire, water, mold, vermin, and weather events.
6.3 No Liability. To the fullest extent permitted by law, Domtor (and all persons for whom it is legally responsible) is not liable for any loss, damage, or injury to the Client's property or person arising from any cause whatsoever, including but not limited to: fire, explosion, mechanical or equipment failure, theft, vandalism, wind, water, mold, vermin, hazardous substances, structural defects, acts or omissions of third parties, acts of God, or Domtor's lawful exercise of rights under this Agreement.
6.4 Indemnity. The Client shall indemnify and hold harmless Domtor, its officers, employees, agents, and contractors from and against all claims, damages, losses, and costs (including reasonable legal fees) arising out of or related to the Client's use or occupancy of the Storage Space, any breach of this Agreement, or the negligence or willful misconduct of the Client or its invitees.
6.5 Waiver of Subrogation. To the extent permitted by the Client's insurance policy, the Client waives all rights of subrogation against Domtor.
7. Default, Lien, and Remedies
7.1 Default. Any breach of this Agreement, including failure to pay User Fees when due, constitutes a default.
7.2 Lien and Over-Lock. Upon default, Domtor may deny the Client access to the Storage Space, apply an over-lock, inventory the contents, and enforce lien rights in accordance with the Nova Scotia Warehouseman's Lien Act and applicable law, including sale or disposal of Goods in Storage to satisfy outstanding amounts and associated costs.
7.3 Fees and Charges. Without limiting any rights at law, Domtor may charge administrative, lien processing, advertising, auction, lock-cut, and inventory fees reasonably incurred in enforcing its rights under this Agreement.
7.4 Application of Proceeds. Proceeds from any sale of Goods in Storage will be applied to outstanding amounts owing. Any surplus after deduction of costs will be handled as required by law. The Client remains liable for any deficiency.
7.5 Cumulative Remedies. All remedies available to Domtor are cumulative and in addition to any rights at law or in equity.
8. Term, Termination, and Move-Out
8.1 Term. This Agreement is month-to-month unless otherwise stated in the Payment Receipt.
8.2 Client Termination. The Client may terminate this Agreement effective at the end of a Rental Period by providing at least 15 days' prior written notice to Domtor. Notice by email is acceptable if acknowledged by Domtor in writing.
8.3 Owner Termination. Domtor may terminate this Agreement immediately for cause (including safety risk, illegal activity, or material breach), or without cause on 30 days' written notice to the Client.
8.4 Vacate Requirements. By the effective termination date, the Client must: (i) remove all property from the Storage Space; (ii) broom-sweep the Space clean; and (iii) remove the Client's lock. Failure to comply may result in continued charges and clean-out or disposal fees at the Client's expense.
8.5 Abandonment. If the Client fails to vacate as required or cannot be contacted, Domtor may treat the Goods as abandoned and proceed under its lien and disposal rights as permitted by law.
9. Communications and Notices
9.1 Electronic Communications. The Client authorizes Domtor to deliver invoices, receipts, notices of default, and sale notices by email or SMS to the contact information provided in the Client Information Form. The Client is responsible for keeping contact details current by notifying Domtor in writing.
9.2 Proof of Notice. Delivery to the Client's last known email address or mailing address on file is deemed effective notice.
9.3 Identification. Government-issued photo ID may be required at move-in and upon request by Domtor.
10. Privacy
Domtor collects and uses Personal Information to administer this Agreement, process payments, and manage the facility in accordance with applicable privacy legislation and Domtor's Privacy Policy (available at DomtorStorage.com or upon request). By signing this Agreement, the Client consents to such collection and use, and to reasonable security video monitoring on the premises.
11. Miscellaneous
11.1 No Assignment. The Client may not assign this Agreement or sub-licence or share the Storage Space without Domtor's prior written consent.
11.2 Entire Agreement. This Agreement and the Move-In Documents constitute the entire agreement between the parties with respect to the Storage Space. If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.
11.3 No Waiver. No waiver of any provision of this Agreement is effective unless made in writing.
11.4 Governing Law. This Agreement is governed by the laws of the Province of Nova Scotia and applicable federal laws of Canada.
11.5 Electronic Signatures. Electronic copies and signatures are binding and have the same legal effect as original written signatures.
11.6 Posted Rules. Facility rules posted at the premises or on DomtorStorage.com (as amended from time to time) form part of this Agreement.
11.7 Headings. Section headings are for convenience only and do not affect the interpretation of this Agreement.
12. Client Acknowledgements
By initialling each item below, the Client confirms having read, understood, and agreed to each of the following:
- I understand this Agreement creates a licence to occupy storage space and is NOT a residential tenancy. Habitation is strictly prohibited.
- I understand that Domtor does not insure my goods and that I am solely responsible for insuring my stored property.
- I agree to keep my contact and payment information current and consent to receiving notices and invoices by email and/or SMS.
- I understand Domtor's lien and sale rights in the event of non-payment or default, as permitted by applicable law.
- I confirm that the total value of property stored in my unit does not exceed $5,000 unless Domtor has agreed otherwise in writing.
Signatures
By signing below, both parties confirm they have read, understood, and agreed to the terms of this Agreement.
Domtor Energy Services Ltd. | DomtorStorage.com | 840 Grand Lake Rd, Sydney, NS | (902) 317-6984 | Admin@domtorenergyservices.com