Terms and Conditions

1.1 Definitions. In these conditions, the following definitions apply:

“Access Hours” the hours which the Customer is permitted to access the storage unit as set out on our website (www.workhub.ie) and as may be amended from time to time in accordance with Clause 4.

“Additional Charges”, any additional charges for insurance, merchandise, transport, VAT and any other charges that may be incurred from time to time.

“Authorised Persons”, has the meaning set out in Clause 4.2
“Business Day”, a day (other than a Saturday, Sunday or bank/public holiday) when banks in Dublin are open for business.

“Charges”, the Regular Storage Charge, the Additional Charges and the Late Charges payable by the Customer in connection with the supply of the Services.

“Commencement Date”, has the meaning set out in Clause 2.2

“Conditions”, these terms and conditions are amended from time to time.

“Customer”, the person or the firm who purchases Services from Workhub as specified on the Order

“Customer Default”, has the meaning set out in Clause 5.2

“Force Majeure Event”, has the meaning set out in Clause 17.1.1

“Late Charges”, the late charges as set out in Clause 7.4

“Order”, the Customer’s order for Services as set out in the attached Workhub order form.

“Period”, each monthly period.

“Property”, anything stored by the Customer in the Workhub Storage Centre at any time during the term of the Storage Agreement.

“Regular Storage Charge”, the storage and related services to be provided by Workhub to the Customer in accordance with these Conditions and the relevant Order.

“Services”, the provision of storage and related services to be provided by Workhub to the Customer in accordance with these Conditions.

“Storage Agreement”, the contract between Workhub and the Customer for the supply of Services in accordance with these Conditions and the relevant Order.

“Workhub Storage Centre”, the Worhub premises indicated by the Order.
“Storage Unit”, the storage unit or units within the Workhub Storage Centre allocated to the Customer from time to time. “Storagehub” A registered trading name of Ghost Kitchens Ltd with Company Number - 699585
“VAT”, has the meaning set out in Clause 7.8.

1.2 Construction. In these Conditions, the following rules apply:

1.2.1 a person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality)

1.2.2 a reference to a party includes its personal representatives, successors or permitted assigns.

1.2.3 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision, as amended or re-enacted.

1.2.4 the headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Conditions.

1.2.5 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

1.2.6 a reference to writing or written includes faxes but not e-mails.

2. Basis of Contract
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2 The Order shall only be deemed to be accepted with Workhub issues written acceptance of the Order at which point and on which date the Storage Agreement shall come into existence (“Commencement Date”)..

2.3 The Storage Agreement constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Workhub which is not set out in the Storage Agreement.

2.4 Any samples, drawings, descriptive matter or advertising issued by Workhub, and any descriptions or illustrations contained in Workhub’s catalogues or brochures, are issued or published for the sole purpose of giving an appropriate idea of the Services described in them. They shall not form part of the Storage Agreement or have any contractual force.

2.5 These Conditions apply to the Storage Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing

3.1 Workhub shall supply the Services to the Customer in accordance with these Conditions.

3.2 Workhub shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature of the quality of the Services, and Workhub shall notify the Customer in any such event.

3.3 The Customer warrants that it is the owner of the Property or is authorised by the owner of the Property to accept these Conditions on its behalf.

3.4 Workhub does not inspect the Property when it arrives at the Workhub Storage Centre and does not keep records concerning the Property or its nature, condition or state of repair.

3.5 All Storage Units sizes are approximate and Workhub accepts no responsibility for their accuracy.

4. Rights of Access

4.1 Workhub will permit the Customer to access the Storage Unit at any time during the Access hours for the sole purpose of depositing, removing, substituting or inspecting the Property. Workhub will use reasonable endeavours to provide advance notice at the Workhub Storage Centre of any changes to the Access Hours, however it reserves the right to alter the Access Hours at any time without giving prior notice.

4.2 At Workhub’s discretion, it may allow other persons authorised by the Customer in writing (“Authorised Person”) to have access to the Storage Unit and to remove or store Property, provided that the Customer warrants that it shall ensure its Authorised Person complies with these Conditions.

4.3 Workhub will not be liable for loss or damage to the Property arising from an Authorised Person’s access to or removal of the Property.

4.4 Where the Customer is provided with a passcode or any other piece of information as part of Workhub’s security procedures, the Customer must treat such information as confidential and must not disclose it to any third party without Workhub’s prior written consent.

4.5 Workhub reserves the right to prevent access to the Workhub Storage Centre if the Customer is in breach of any of the provisions of these Conditions for so long as such breach remains unremedied.

4.6 Workhub reserves the right, in its sole discretion, to determine where the Property is stored within the Workhub Storage Centre from time to time and Workhub reserves the right to move the Property (or any part of it) within the Workhub Storage Centre. Notwithstanding any initial or subsequent allocation of spaces for the storage of the Property, the Customer will not be entitled to exclusive possession or use of the Storage Unit or any other party of the Workhub Storage Centre.

4.7 Worhub may enter the Storage Unit and access the Property:
4.7.1 by giving the Customer seven (7) days notice so that it may inspect, or carry out repairs, maintenance and alterations to any part

of the Workhub Storage Centre or to ensure compliance with these Conditions or for any other purpose. 4.7.2 at any time without notice in the case of an emergency.
4.7.3 to prevent injury or damage to any persons or property.
4.7.4 when required to do so by Gardai, fire services, local authority or court order.
4.7.5 in accordance with Clause 7 (Charges and Payments), Clause 8 (Right to Sell) or Clause 11 (non-exclusive access), or 4.7.6 where it reasonably suspects the Storage Unit is being used in breach of these Conditions.

5. Customer’s Obligations
5.1 The Customer shall.

5.1.1 Where it reasonably suspects the Storage Unit is being used in breach of these Conditions. 5.1.2 comply with the Workhub rules contained in Clause 6
5.1.3 observe any regulations in force from time to time at Workhub,

5.1.4 provide Workhub in writing with such information as Workhub may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects, including any special storage requirements due to the nature, weight or condition of the Property

5.1.5 ensure that the Storage Unit is suitable for the storage of the Property

5.1.6 exercise reasonable care when present at the Workhub Storage Centre or when using the Storage Unit, and in respect of the property of Workhub or any other Storage Unit users.

5.1.7 inform Workhub immediately of any damage to the Storage Unit;

5.1.8 inspect the Property upon removal from the Storage Unit and inform Workhub of any loss or damage to the Property as soon as is reasonably possible following inspection, and

5.1.9 comply with the reasonable instructions of Workhub’s employees, agents and contractors at the Workhub Storage Centre.

5.1 If Workhub’s performance of any of its obligations under the Storage Agreement is prevented or delayed by any act or omission by the Customer to perform any relevant obligation (“Customer Default”):

5.2.1 Workhub shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Workhub’s failures or delay to perform any of its obligations as set out in this Clause 5.2;

5.2.2 the Customer shall reimburse Workhub on written demand for any costs or losses sustained or incurred by Workhub arising directly or indirectly from the Customer Default; and

5.2.3 pay for the reasonable cost of repairs or cleaning or damage to the Storage Unit or the Workhub Storage Centre, caused by the Customer.

6.1 The Customer shall ensure that the Property is securely and properly packed and not contain any items which may compromise the safety, health and/or integrity of the Storage unit, the Workhub Storage Centre, Workhub, its employees or its customers including any of the following:

6.1.1 food for perishable goods;
6.1.2 plants, birds, fish, animals or any other creatures,
6.1.3 combustible or flammable materials or liquids such as gas, paint, petrol, oil or cleaning solvents; 6.1.4 firearms, weapons, ammunition, explosives or any parts thereof;
6.1.5 chemical, biological or radioactive materials;
6.1.6 pollutants, contaminants or waste materials;
6.1.7 items which may result in spreading of damp, infestation or leakage;
6.1.8 toxic waste, asbestos or other hazardous materials;
6.1.9 items which emit any fumes, smells or odours;
6.1.10 illegal or illegally obtained substances or goods;
6.1.11 compressed gases;
6.1.12 any high-value items; or
6.1.13 any items requiring special storage conditions.
6.1 the Customer shall not:

6.2.1 store any Property which may cause a nuisance to Workhub, its employees, agents or customers;

6.2.2 store any Property or take any action which may invalidate Workhub’s insurance policies or increase its premiums;

6.2.3 Access the facility outside of the specified Access Hours, use the Storage Unit as an office, living accommodation or as a home, business or mailing address;

6.2.4 spray paint or carry out any mechanical works in the Storage Unit;
6.2.5 attach anything to the internal or external surfaces of the Storage Unit or make any alteration to the Storage Unit; 6.2.6 cause any damage to the Storage Unit, Storage Center or other property at the Workhub Storage Centre;
6.2.7 cause an obstruction in any access way in the Workhub Storage Centre.

7. Charges, Payment & Late Charges
7.1 The Regular Storage Charge will be payable in respect of each Period.

7.2 The Regular Storage Charge for the first Period will be due and payable on the date that the Order is completed by the Customer and the Regular Storage Charge for each successive Period thereafter will be due and payable on the first day of the relevant Period.

7.2.1 The Discounted Storage Charge for the first Period will be due and payable on the date that the Order is completed by the Customer and the Regular Storage Charge for each successive Period thereafter will be due and payable on the first day of the relevant Period.

7.3 Workhub may increase the Regular Storage Charge by providing 28 days prior written notice. Any such increase will take effect immediately following the expiry of the then current Period. Failure to make payment in full within 7 days of the due date will result in the forfeit of any discount for that period and the Regular Storage Charge will apply.

7.4 Workhub may impose a late charge of €5.00 or 10% of the overdue Regular Storage charge (whichever is greater) (plus applicable VAT, if any) (“Late Charges”) for each Period that the Regular Storage charge remains unpaid. Such Late Charges will be invoiced separately. A service charge will be levied for all returned cheques. The amount of the service charge may vary from time to time in line with applicable bank charges.

7.5 The Customer shall pay a deposit in the amount specified in the Order. Workhub will retain the deposit until termination of the Storage Agreement for whatever reasons, at which time, subject to Clause

7.6 it will refund the deposit (without interest) within 14 days of termination or as soon as reasonably practicable thereafter. 7.6 it will refund the deposit (without interest) within 14 days of termination or as soon as reasonably practicable thereafter. 7.6 Workhub reserves the right to deduct or withhold from the deposit any sums in respect of:

7.6.1 any repairs or cleaning which Workhub, in its sole discretion, considers is required, as a direct or indirect result of the storage of the Property within the Storage Unit, in order to bring the Storage Unit up to substantially the same standard and condition as it was at the Commencement Date; and

7.6.2 any sums accruing in respect of removal costs or any outstanding Charges. 7.6.3 Where the customer activates an alarm by failing to follow the correct access procedure or accesses the facility outside of the Access Hours as specified in clause 1.1

7.7 If the Customer fails to pay any of the Charges by the due date, Workhub may notify the Customer in writing of its intention to remove the Property from the Workhub Storage Centre to such alternative storage as it may determine in its sole discretion.

7.8 Unless otherwise agreed by Workhub, all amounts payable by the Customer under the Storage Agreement are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Storage Agreement by Workhub to the Customer, the Customer shall, on receipt of a valid VAT invoice from Workhub, pay to Workhub such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

7.9 The Customer expressly agrees that Workhub is authorised to deduct the Charges and any other charges incurred by it in connection with this Storage Agreement to the payment method provided at the commencement of this Storage Agreement or to a different payment method if the Customer subsequently updates its account information.

8.1 If the Customer fails to pay any of the Charges within 20 days of the date of notice given under Clause 7.7, Workhub may, at its sole discretion, be entitled to sell, or in the event that a sale would not be economically justifiable, destroy or otherwise dispose of the Property as it sees fit.
8.2 The proceeds of any such sales effected pursuant to Clause 9.1 above may be applied by Workhub to any outstanding Charges and to any other costs, charges and expenses incurred in connection with such sale. The Customer will be entitled to claim the balance of such sale (if any) which remains thereafter.

8.3 Any sale effected pursuant to Clause 8.1 will be without prejudice to Workhub’s rights to recover any outstanding Charges.

9. Limitation of Liability
9.1 Nothing in these Conditions shall limit or exclude Workhub’s liability for:

9.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

9.1.2 fraud or fraudulent misrepresentation.
9.2 Subject to Clause 8.1 and to the extent permitted under applicable law:

9.2.1 Workhub shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, economic loss or any indirect or consequential loss arising under or in connection with the Storage Agreement; and

9.2.2 Workhub’s total liability to the Customer in respect of all other losses arising under or in connection with the Storage Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total Charges paid by the Customer to Workhub in the 12 month periods immediately preceding the date the liability was incurred.

9.3 Except as provided in these Conditions, the Services are provided to the Customer “as-is” without any warranties of any kind, express, implied or statutory.

9.4 Workhub may, at its discretion, accept deliveries of Property on behalf of the Customer from time to time. Workhub shall not be liable for any loss suffered by the Customer in connection with the acceptance of such deliveries including in respect of the quality or quantity of any Property so delivered.

9.5 This Clause 9 shall survive termination of the Storage Agreement.

10. Termination

10.1 Without limiting its other rights or remedies, either party may terminate the Storage Agreement upon giving seven (7) days' notice in writing to the other party, provided that where the Customer wishes to terminate the Storage Agreement pursuant to this clause 10.1 a minimum period of the one (1) month must have elapsed from the Commencement Date.

10.2 In the event that Workhub provides notice of termination to the Customer pursuant to clause 10.1 of this Storage Agreement, the Customer shall be permitted to access the Workhub Storage Centre during the relevant notice period solely for the purpose of removing its Property from the Storage Unit.

10.3 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Storage Agreement without liability to the other if:

10.3.1 the other party is in the material breach of the terms of this Storage Agreement and either (a) the breach cannot be remedied, or (b) in the case of a breach that is capable of remedy, is not remedied by that party within thirty (30) days of being given notice to do so by the other party;

10.3.2 the other party ceases business, becomes insolvent or bankrupt or makes an arrangement for, or composition with, its creditors or makes an application to a court for the protection from its creditors (otherwise than voluntarily for the purposes of a bona fide amalgamation or reconstruction) or if a receiver or examiner is appointed over any part of that party’s business or if anything analogous occurs in relation to that party under the laws of another jurisdiction; or

10.3.3 the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

10.4 Without limiting its other rights or remedies, Workhub may terminate the Storage Agreement with immediate effect by giving written notice to the Customer if the Customer:

10.4.1 fails to pay any amount due under this Storage Agreement for any reason: 10.4.2 breaches any of the Storage Agreement for any reason:

11. Consequences of Termination
11.1 On termination of the Storage Agreement for any reason:

11.1.1 the Customer shall immediately pay to Workhub all outstanding Charges.

11.1.2 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Storage Agreement which existed at or before the date of termination or expiry;

11.1.3 clauses which expressly or by implication have effect after termination shall continue in full force and effect; and

11.1.4 the Customer shall collect the Property and remove it from the Storage Unit immediately and shall leave the Storage Unit substantially the same condition as it was at the Commencement Date.

11.2 In the event the Customer fails to remove the Property from the Storage Unit in accordance with Clause 11.1.4, Workhub shall be permitted to charge its current daily storage charges and/or dispose of the Property at the Customer’s cost.

12. Non-Exclusive Access
12.1 Nothing in the Storage Agreement shall be treated as creating a tenancy or lease or the relationship of landlord and tenant between

Workhub and the Customer constitute Workhub as warehouse keeper or bailee of the Property.

12.2 Workhub may require the Customer to remove the Property from the Storage Unit to an alternative Storage Unit. Workhub will provide one (1) month’s written notice to the Customer in respect of removal.

12.2.1 upon the occurrence of any incident at the Storage Unit requiring the entire Storage Unit or any part thereof to be closed; or

12.2.2 if Workhub closes the Workhub Storage Centre or any part thereof for renovation, in which case Workhub may require the Customer to remove the Property from the Storage Unit to an alternative Storage Unit.

13. Data Protection
13.1 Workhub processes the Customer’s information including the Customer’s personal data given in the Storage Agreement, in line with

the Data Protection Acts 1988 and 2003.

13.2 Workhub will process Customer’s personal data (including credit card information and customer identification) for the purposes as set out in this Storage Agreement, processing payments, communicating with the Customer and generally maintaining the Customer's account.

13.3 Workhub will release the Customer’s personal data and other account details at any time if it considers, in its sole discretion, that such release is appropriate to satisfy its obligation under any applicable law, to enforce this Storage Agreement, for fraud protection and credit risk reduction, or to protect the safety of any person at the Workhub Storage Centre, or the security of the Storage Unit or its contents, or other rooms at the Workhub Storage Centre or their contents.

13.4 In the event that Workhub sells or buys any business or assets, it may disclose Customer personal data and account details to the prospective seller or buyer of such business or assets or if Workhub or substantially all of its assets are acquired by a third party, Customer personal data and account details may be one of the transferred assets.

13.5 The Customer consents to the use of its personal data for marketing and other like or related purposes, including providing it with information, products or services requested from Workhub or which Workhub feels may be of interest, Workhub may also use Customer personal data, or permit selected third parties to use such data, to provide the Customer with information about goods and services which may be of interest. If the Customer does not wish for its personal data to be used for such purposes, it agrees to notify Workhub indicating its preferences in this regard.

14. Indemnity

14.1 The Customer shall defend, indemnify and hold harmless Workhub against claims, actions, proceedings, charges, losses, damages, expenses and costs (including court costs and reasonable legal fees) incurred by Workhub arising out of or in connection with the provision of the Services, including:

14.1.1 the storage of the Property at the Workhub Storage Centre; 14.1.2 the acceptance of deliveries on behalf of the Customer;
14.1.3 the cleaning up or cleaning out of the Storage Unit upon termination of the Storage Agreement; 14.1.4 any dispute as to ownership of the Property or as to the person entitled to its possession, and 14.1.5 any breach by the Customer of these Conditions.

15. Lien
15.1 Workhub shall have a general lien over the Property and may retain the Property as security for payment of all sums due and

payable and becoming due and payable by the Customer under the Storage Agreement.

16. Insurance

16.1 The Property stored at the Workhub Storage Centre is stored at the Customer’s sole risk and expense. The Customer shall be required to take out appropriate insurance arranged by Workhub at the full replacement value of the Property and the policy of insurance will contain a waiver of the insurer’s rights of subrogation against Workhub, its employees and agents. A summary of the terms of such cover will be set out in the master policy, which is available for inspection upon request.

17. General
17.1 Force Majeure

17.1.1 For the purposes of these Conditions, “Force Majeure Event” means an event beyond the reasonable control of Workhub including strikes, lock-outs or other industrial disputes (whether, involving the workforce of Workhub or any other party,) failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, break-in, compliance with any law of governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors or their lack of availability.

17.1.2 Workhub shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Storage Agreement as a result of a Force Majeure Event.

17.1.3 If the Force Majeure Event prevents Workhub from providing any of the Services for more than four (4) weeks, Workhub shall, without limiting its other rights or remedies, have the right to terminate this Storage Agreement immediately by giving written notice to the Customer.

17.2 Assignment and Subcontracting

17.2.1 Workhub may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Storage Agreement and may subcontract or delegate in any manner any or all of its obligations under the Storage Agreement to any third party or agent.

17.2.2 The Customer shall not, without the prior written consent of Workhub, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Storage Agreement.

17.3 Notices

17.3.1 Any notice or other communication required to be given to a party under or in connection with this Storage Agreement shall be in writing and shall be delivered to the other party personally or sent by prepaid registered post, recorded delivery or by commercial courier, at its address as set out in this Storage Agreements, or sent by fax to the other party’s main fax number.

17.3.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid registered post or recorded delivery, by 17.00 on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.

17.3.3 This Clause 17.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include e-mails and for the avoidance of doubt notice given under this Storage Agreement shall not be valid if sent by e-mail.

17.4 Waiver

17.4.1 A waiver of any right under the Storage Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Storage Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

17.4.2 Unless specifically provided otherwise, rights arising under the Storage Agreement are cumulative and do not exclude rights provided by law.
17.5 Severance

17.5.1 If a court or any other competent authority finds that any provision of the Storage Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Storage Agreement shall not be affected.

17.5.2 If any invalid, unenforceable or illegal provision of the Storage Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

17.6 No Partnership.

17.6.1 Nothing in the Storage Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as an agent for, or to bind, the other party in any way.

17.7 Severability.

17.7.1 Each of the provisions of the Storage Agreement and of these Conditions is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity, or enforceability in that jurisdiction of any other provisions of the Storage Agreement or these Conditions.

17.8 Variation.
17.8.1 Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the

Storage Agreement, shall only be binding when agreed in writing and signed by Workhub. 17.9 Third Party Rights.

17.9.1 No term of the Storage Agreement is intended to confer a benefit on or to be enforceable by, any person who is not a party to the Storage Agreement.

17.10 Governing Law and Jurisdiction

17.10.1 This Storage Agreement, and any dispute or claim arising out of or in connection with it or its subject matter of formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Irish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.