Terms & Conditions
First: Definitions
The following terms and expressions, wherever they appear in this Agreement, shall have the meanings set forth below:
- Agreement: refers to this agreement.
- Company: refers to the first party in this Agreement, being Al-Takhzeen Al-Muaqaat Al-Mutatawar for Transport and Storage, a closed joint-stock company, the provider of the Service.
- Client: refers to the second party — any natural or legal person who has requested any service or services offered by the Company under this Agreement.
- Service/Services: means the service(s) requested by the Client from the Company relating to the rental of Storage Units for storage purposes, whether at the Company's premises or at the Client's premises, and services related to storage, loading, assembly, packaging, and transportation operations.
- Additional Features: any extra features requested by the Client within the unit as per the contract annex, including but not limited to: air conditioning, cooling, lighting, and others.
- Storage Unit: means the storage unit(s) requested by the Client for storage purposes in various sizes as per the Client's request.
- Service Fees: means the fees for the storage service(s) requested by the Client; payment method and mechanism are subject to the service(s) requested.
- Additional Charges: means amounts due from the Client for extending the service period or for additional services, or any additional amounts that may be imposed due to the Client's failure to comply with agreed delivery and collection schedules, and also includes one-time service prices and fees.
- Late Payment Penalty: means additional amounts imposed on the Client due to non-compliance with any of the terms agreed upon under this Agreement or additional services requested by the Client.
- Security Deposit: means the amount paid by the Client in advance to guarantee payment of service fees, which will be refunded to the Client upon termination or expiry of the service(s), unless there are any financial amounts owed to the Company, additional charges, or other fees or penalties under this Agreement.
- Insurance/Insurance Fees: means the insurance fees paid by the Client to one of the approved insurance service providers that have agreements with the first party, pursuant to the terms of this Agreement.
- Regulations and Laws: means the regulations and laws in force in the Kingdom of Saudi Arabia.
- Day/Days: means any day including all days of the week except Friday and official public holidays.
- Force Majeure: means any exceptional event that is unforeseeable and impossible to prevent, including but not limited to: war, or natural disasters such as earthquakes or floods.
- Tax/Taxes: means Value Added Tax or any other taxes that may be imposed in accordance with the applicable regulations in the Kingdom of Saudi Arabia.
- Website: means the Company's website through which the Client can request services: www.wheekeep.com.
- Confirmation Message: refers to the message sent to the Client by the Company after requesting the service(s), whether by email or any other communication method, which outlines the requested service(s), associated fees, security deposit amount, and any additional information at the Company's discretion.
- Delivery Location: is the place where the Client receives the storage unit(s) to be placed at their disposal.
- Delivery Form: is a form signed by the Client immediately upon receiving the units, indicating the number of units received, their dimensions, and serial numbers.
- Annex: the annex to this Agreement, which details the number of units selected by the Client, service details, and prices.
Second: Scope of Service
- The Company will notify the Client of all services available to its clients, and the Client shall have the right to choose the services they wish the Company to provide. The Company shall not be obligated to provide any service unless the Client has requested and paid for it.
- The Company undertakes to provide the service(s) selected by the Client and to supply the number of units, their dimensions, and any additional services chosen in accordance with the annex to this Agreement.
- The serial numbers of the Client's units are specified in the Delivery Form signed by the Client upon receiving the units from the Company at the delivery location.
- Subject to full payment of all fees for the selected service(s), the Company will provide the service(s) outlined in the Confirmation Message sent to the Client via the Company's website or through any other service request channels, in accordance with the prices specified in the annex and the invoices sent to the Client.
- If the service is requested through the website, a payment receipt for the requested services will be issued after payment via the website.
- If the service is requested through any other Company channel, and after the Client receives the Confirmation Message, the Company will issue an invoice for the requested services, and the Client must pay immediately.
- The Company will provide the Client with a dedicated key for their storage unit(s).
Third: Agreement Duration
- This Agreement becomes effective and binding on both the Client and the Company from the date of signing and delivery of the rented unit.
- The term of this Agreement begins from its effective date and ends upon its expiry.
- This Agreement will be automatically renewed unless it is cancelled, terminated, suspended, or put on hold in accordance with its terms and conditions, without prejudice to the Company's rights and the full settlement of obligations owed by the Client.
- The rental period for the unit(s) begins when the storage unit(s) are delivered to the Client at the delivery location specified in this Agreement or any other address chosen by the Client, and ends when the storage unit(s) are returned to the Company's premises in the same condition in which they were delivered.
- Either the Company or the Client has the right to terminate this Agreement at any time at their own discretion, by providing seven (7) days' advance written notice before the termination date.
Fourth: Client Obligations and Responsibilities
The Client acknowledges and accepts the following obligations:
- The Client must not store more than 1,500 kilograms in any single storage unit (maximum load). If stored items exceed 1,500 kg, the Client must remove and transport the excess load, and the Client shall be responsible for all resulting removal and transport costs, including additional delivery fees.
- The Client must not store any prohibited or unauthorized materials inside the storage unit as detailed in Clause Seven.
- All stored materials must be completely dry and must not contain any liquids or moisture, as these may damage the storage unit and the Client's stored items. In the event of non-compliance, the Company shall bear no liability for resulting damages.
- The Client must pack and wrap stored materials in a manner suitable to maintain the highest standards of safe transport and storage, ensuring even weight distribution throughout the storage unit.
- The Client must securely and properly lock the storage unit(s).
- If stored items include packed or transport boxes, the Client must pack them carefully using appropriate materials to prevent damage or deterioration.
- The Client or their authorized representative must be present at the delivery location during the scheduled delivery time to direct where the storage unit(s) should be placed.
- The Client must ensure sufficient space is available at the delivery location for the storage unit(s) being delivered.
- The Client must comply with all provisions of this Agreement and all applicable laws and regulations regarding each storage unit and its use.
- The Client must return each storage unit to the Company in the same condition in which it was received.
- The Client acknowledges that the Company is not responsible for damage to the contents of the storage unit resulting from the Client's failure to properly pack, load, or unload items.
- The Client must promptly notify the Company of any change in address or contact information; this can be done by sending a notice to the Company's email address indicated in this Agreement.
- If the Client requests packaging, loading, labor, or other additional services, the Client must supervise the loading, packaging, and unloading operations optimally. The Client bears full responsibility for any resulting damages and may not claim compensation from the Company for damages arising from their failure to exercise due diligence.
Fifth: Fees, Service Charges, and Payment Methods
Additional storage and delivery fees may be charged to the Client in the following cases:
- If the Client or their authorized representative is unable or refuses to receive the storage unit(s) at the agreed time and date, they are obligated to pay a delivery fee of SAR 100 per storage unit.
- If the Client or their authorized representative asks the Company to wait more than thirty minutes, or if they are late by the same amount after the Company arrives at the delivery location at the specified delivery time.
- Any delay that results in re-delivery or delivery at a later date and/or time — SAR 50 per hour.
Sixth: Breach of Obligations, Default, and Sale
If service fees or any amounts owed to the Company are not fully paid within 14 days after the due date, the Company reserves the right to take the following actions:
- Notify the Client in writing to make payment.
- Change the access mechanism to the storage unit.
- Seize the items stored in the storage unit or transfer them to other units without any liability on the Company arising from loss or damage caused by the transfer. The Company has the right to dispose of these items at its discretion without any liability, and the Client may not claim any compensation or consideration for this.
- Fees and outstanding amounts owed by the Client remain due and payable under this Agreement regardless of whether the Client's assets have been sold or disposed of to satisfy the Company's overdue receivables.
In the event the Client chooses storage at the Company's premises and fails to comply with any obligations under this Agreement, including non-payment of due amounts, the Company shall have the right to:
- Deny the Client access to the Company's premises and their storage unit(s) until all outstanding amounts are paid.
- Enter the storage unit and seize the stored items 60 days after the due date.
- Deduct fees from the security deposit paid by the Client and claim from the Client the full value of the storage unit, estimated at SAR 30,000.
Seventh: Prohibited Goods and Safety
The Client may not store hazardous materials that could cause damage due to their dangerous nature. The following items represent some — but not all — of the prohibited materials that the Client may not store in the Company's storage unit(s), facilities, or premises:
- Controlled medications and chemicals, and all materials and products prohibited by Saudi laws and regulations.
- Beverages and food items of all types, and perishable materials such as plants, living, or dead organisms.
- Hazardous, toxic, explosive, or flammable materials, including: compressed materials, ammonia, ammunition, batteries, butane tanks, coal, cleaning liquids, fertilizers, fire extinguishers, firearms, fireworks, petrol, kerosene, lighter fluid, bleach, matches, nail polish, nail polish remover, oils, paints, paint thinner, pesticides, poisons, propane tanks, sterno, pool chemicals.
- High-value goods including: jewelry, artwork, irreplaceable items, items of sentimental or exceptional value, and cash.
- Goods with odors.
- Animal waste, toxic or hazardous waste, medical waste, or any waste that may be harmful to the environment, the storage unit, or the storage facility.
- Chemicals including: chemical substances, radiation, active biological agents, gas containers, any compressed gas, weapons, diesel, unlicensed or illegally obtained drugs, spray cans, air fresheners, hair sprays, car paint.
- Oversized goods including vehicles, tanks, agricultural machinery unless drained and free of all oils and lubricants, including gas, petrol/fuel, diesel, and similar substances.
- Any materials prohibited by government authorities, such as explosives or explosive materials, oxidizers, or materials that may facilitate ignition.
Eighth: Emergency Access to Storage Unit
- The Client is fully responsible for all damages resulting from storing prohibited materials, including any damage to the Company's storage premises and their contents, the Client's storage unit, and any other storage units.
- In emergency situations and cases requiring urgent action, the Company and its staff have the right to access the Client's storage unit without prior permission from the Client, including but not limited to emergency repairs and maintenance, or upon the occurrence of a sudden or emergency event requiring access to the storage unit(s) to prevent damage or take necessary preventive measures.
- If any government authority requests access to any storage unit, the Company and government authorities have the right to access the storage unit without the Client's permission, without any liability on the Company or compensation to the Client.
- If the Client loses the key to their unit, the Client must compensate the Company for any damages arising from the need to forcibly open the unit.
Ninth: Submitting Claims and Complaints
- The Client must submit all claims relating to loss or damage within 15 days after the delivery of the storage unit(s). All claims and complaints must be submitted to info@wheekeep.com or by calling 920022475.
Tenth: Scope of Liability Limits and Insurance
The Client has the right to purchase an insurance policy from one of the Company's approved insurance providers, in accordance with the terms and conditions of such insurer. In this case, the Client acknowledges and agrees to the following:
- The Company shall not be liable for the cases set out in paragraph one of this clause, and the Client may not claim or sue the Company for any financial amounts or compensation.
- The Client must agree to the terms and conditions of the insurance policy, including the claims process and conditions through the selected insurance company before requesting the service.
- The Company and all its employees and representatives are fully released from any liability, claim, or compensation toward the Client.
Eleventh: Disclaimer of Liability
Unless caused by gross negligence or willful misconduct on the part of the Company, the Company shall not be liable for any loss or damage to the Client's property, including but not limited to loss or damage resulting from:
- Weather conditions while the storage unit is in the Client's possession.
- Theft, loss, or damage while the storage unit is in the Client's possession.
- Insects, moths, or rodents.
- Manufacturing or latent defects in the storage unit(s), such as changes arising from weather variations.
- Hostile or war-like acts in times of peace or war.
- The Company acting with the care of a reasonable person under similar circumstances.
- Government actions.
- Hostile acts, earthquakes, floods, or other natural disasters.
Consequential Damages:
- Under no circumstances shall the Company be liable for any special, indirect, intentional, material, moral, consequential, or any other type of damages, including damages resulting from loss of profits or loss of the Client's business or any third-party business.
Twelfth: Indemnification
- The Client must indemnify, defend, and hold harmless the Company from all claims or losses (including all related legal fees and costs) brought by any third party or the Client arising from the Client's breach of their obligations.
Thirteenth: Privacy
- The Company will retain the Client's data in its files and premises to the extent necessary to provide the service.
- The Client's data will be retained and processed in accordance with prevailing applicable standards.
- The Company has the right to use data for customer management, communication, market research, and advertising campaigns related to its products or services.
- For the purpose of improving and developing the services provided, the Company has the right to record calls with its clients.
- All data collected under this Agreement is considered the property of the Company, and the Client may not claim any rights to such data. The Company has full freedom to use it, except for data classified as relating to the Client's privacy, such as home addresses and contact details.
Fourteenth: General Provisions
Surveillance Cameras: The Company will provide surveillance cameras at its storage premises as needed. The Client may not request access to surveillance footage unless there is:
- A theft incident.
- A damage or loss incident.
- An insurance-related claim.
- Access to surveillance footage is at the sole discretion of the Company.
The Client acknowledges and warrants to the Company the following:
- If the Client is a company, entity, or other legal body, that it is duly established and organized under applicable laws and regulations and continues to be in good standing.
- The Client or the Client's representative has the full legal standing, right, and authority to enter into this Agreement.
- The Client or the Client's representative who has agreed to the terms and conditions of this Agreement has the right to execute it and is duly authorized to sign.
- This Agreement constitutes a legally valid and binding obligation on the Client and/or the Client's representative in accordance with its terms.
Fifteenth: Correspondence
- In the event of any discrepancy in the interpretation of this Agreement between the Arabic and English versions, the Arabic version shall prevail and govern the interpretation of this Agreement.
- From the effective date of this Agreement, the Company may, at its discretion, send notices or communicate with the Client either by mail to the Client's address stated in the Agreement or the service request, or by email or any other communication method provided.
- The Client must notify the Company of any change in their mailing address, email address, phone number, or other contact information.
- The Client acknowledges that emails, SMS messages, or any other electronic or non-electronic communication method shall be legally effective and binding on the Client.
Sixteenth: Breach of Agreement
The Company has the right to terminate this Agreement for the following reasons:
- If the Client fails to comply with the laws and regulations in force in the Kingdom of Saudi Arabia.
- If the Client violates the terms and conditions of this Agreement.
- The Company reserves the right to suspend, terminate, or refuse to continue providing services to any client without any reason or restriction.
Seventeenth: Force Majeure
- The Company shall not be liable for any breach caused by unforeseen circumstances or reasons beyond its control due to any force majeure event.
Eighteenth: Termination of Agreement
- Either party has the right to terminate this Agreement for any reason by providing 15 days' prior written notice before the termination date. If the service is terminated or cancelled by the Client, the Client shall be responsible for paying all amounts due until the end of the month in which the service is cancelled.
- In the event of termination of this Agreement and notification to the Client, the Client must collect all assets and belongings within 48 hours from the date of notification.
- Upon termination of the Agreement, the Client must return the storage unit clean, tidy, open, and in the same condition in which it was received.
- In the event of non-compliance with the above provisions, the Company will remove and transport all of the Client's belongings at the Client's expense (minimum SAR 1,500).
- The Client bears full responsibility for all costs and damages resulting from their abandonment of their stored items.
Nineteenth: Dispute Resolution
- Any dispute arising from or related to the formation, execution, interpretation, cancellation, termination, validity, or nullity of this Agreement, in any manner, shall be subject to the regulations and laws of the Kingdom of Saudi Arabia, and shall be referred to the competent judicial authorities in the Kingdom of Saudi Arabia in the Governorate of Jeddah.
Twentieth: Agreement Copies
- This Agreement has been prepared comprising 22 clauses including this one, set out over ten pages, in two copies each bearing the signature and stamp of each party, with each party retaining one copy.
- The Client agrees and acknowledges obtaining the requested service based on all terms and conditions set out in this Agreement. By agreeing to this Agreement and its terms and conditions, the Client agrees and acknowledges compliance with the terms and conditions issued from time to time by the Company regarding the terms of use of the storage unit and the services provided by the Company.