Storage Terms of Service

Note – if you are using MOVING SERVICES ONLY WITH NO STORAGE, please refer to our moving terms of service here

Bear with us, as this is the document that covers the legal rights for both you and us, MyPorter LLC (“MyPorter”). We will try to keep it as concise and legal-jargon-free as possible, while keeping all parties involved protected – especially you. You will undoubtedly find portions of this document boring, but it is important that you read every section thoroughly. Both you and MyPorter are both bound by the Terms of Service (”Terms”) outlined. Below, we govern all use of www.MyPorter.com and all of our associated services.

MyPorter’s services are available to you, only if you accept to all of our policies – our Privacy Promises, our Moving and Storage Rules, and these Terms – the “Agreement” we are both bound by. It is understood that the Privacy Promises and the Moving and Storage Rules are “incorporated by reference”, and, as such, you should consider these part of the Terms.

For ease of readability, we will be referring to “Your Stuff” throughout this document. This is in reference to any goods (boxes, bins, furniture, bicycles, etc.) that we are moving, or that are being stored with MyPorter. Also, “Stuff” is referring to the same items aforementioned. On the same note, we will refer to any employee or contractor of MyPorter as a “Porter”. Off we go!

GENERAL RENTAL TERMS

The “term” is the period under which this Agreement is in effect. The term begins at the time you sign the inventory manifest or accept (online) this agreement and will continue on a month-to-month basis until terminated. During this term, you must pay rent to MyPorter on a monthly basis. First month’s rent must be paid the day before your scheduled pick-up of Your Stuff. The card you put on file at checkout will automatically be charged the day before pickup. Subsequently, it is your responsibility to pay rent on the anniversary of every subsequent month you are storing your stuff, without any prompt or reminder from us. This negates us from any responsibility to send you an invoice. For ease of use, we have recurring billing cycle options with the use of American Express, Visa, Discover or Master Cards. Remember – our job is to keep your stuff safe, secure and ready to be delivered – yours is to pay us! This monthly rent amounts to the sum of the full amounts set out on the Pricing Parameters as applied to Your Stuff (which you will view upon checkout), plus any applicable sales and other taxes imposed by any taxing authority.

Your monthly billing cycle is based on the date one day before your scheduled pickup, not the date your pick-up is scheduled for. So for example, if you schedule a pick-up of Your Stuff on the 10th of the month, your first month of rent will be billed on the 9th of the month, your second month’s billing cycle begins on the 9th of the next month. Subsequent billing cycles start on the anniversary of each month thereafter.

Your monthly rent is non-refundable.  Also, you will not be entitled to a refund of a pro rata portion of the rent paid for the month in which your items are returned to you.  This is the standard policy for almost all storage companies.

If you need to add any additional items during any billing cycle, we will adjust your monthly rent for the extra space needed on a pro rata basis for the day(s) your items were scheduled for pick-up. For example, if you add items halfway through the monthly billing cycle, you would have to pay one half the current monthly rent for that extra space in the next billing cycle. Basically, the fractional rent charge that applies when you add extra space part way through the billing cycle is the number of after your scheduled online divided by the total number of days in the billing cycle.

Conversely, when you have your items delivered partway through a Billing Cycle, you will no longer be charged monthly rent for that item or space from the next Billing Cycle onward. That’s the advantage of MyPorter’s month-to-month service commitment with you. However, for full transparency, it also means that you will not get a credit or partial refund of prepaid monthly rent when removing any items part way through that Billing Cycle. Therefore, consider this when booking a delivery of any of your items from MyPorter, and for maximum value aim to have your items delivered towards the back end of your Billing Cycle.

The monthly rent, amounts and types of other fees and/or charges, as well as any other term of this Agreement, may be adjusted by MyPorter effective the month following notice by MyPorter to you specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. (This basically means we can make changes if we give you a 30-day heads up.) Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.

You are required to make all rental payments and other payments in a timely manner. Rent is due on or before the first day of your Billing Cycle, according to this Agreement. If you end up late on your payments, we may accept a partial payment of the rent or other outstanding fee. However, our acceptance of a partial payment does not make up for you being late (legally it does not “cure your default or waive or stop us from pursuing our remedies discussed in this Agreement and at law.”) A partial payment will not release your items from any failure to pay (“default”) under this Agreement. Remember: You will not be able to access your items when you are in default.

Finally, it is your responsibility to be home to receive Your Stuff when you request MyPorter to return some or all of Your Stuff to you, or to contact your property manager to give us a key in order to access your home and leave Your Bins Stuff securely inside. If we are unable to do so, fees for late delivery appointment cancellations and no shows are defined under the schedule of fees, below.

PAYING TO STORE YOUR STUFF AND CREDIT CARD INFORMATION

Your credit card information will be stored on file using a secure payment processor. MyPorter does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. You waive and release any and all claims or actions against MyPorter for damages arising from the use of said information by others. We rely on the security and encryption of the payment provider to handle all billing information. We will use this card for any future charges. If you, for any reason, want us to stop billing this card, you must inform us by providing details of another card in the settings of your profile. We currently only accept the following forms of payment for one-time and recurring charges: American Express, Discover, MasterCard, and Visa. However, we reserve the right to require past due payments be made in the form of cash, bank check or certified check.

In the event we are unable to bill your card, we’ll send you a notice and try again in three (3) days. If payment is not received on the second attempt, late fees will be charged as soon as the event of late payment or delinquency occurs per the schedule of fees below. Continued delinquency will result in additional late charges as outlined in the schedule of fees as well. In the event there is an erroneous charge back on a payment you make with your credit or debit card, we will charge you a fee of $25. A charge back affects our relationship with our bank. Likewise, we charge the same fees if there are insufficient funds in your debit account.

Please be sure to let us know if you lose your card or acquire a new one so as to avoid these penalties!

SCHEDULE OF FEES

Storage Unit Fees (Monthly):

  • Standard Unit Pricing
    • Monthly Rent for 5x5: varies by zipcode
    • Monthly Rent for 5x10: varies by zipcode
    • Monthly Rent for 5x15: varies by zipcode
    • Monthly Rent for 10x10: varies by zipcode
    • Monthly Rent for 10x12.5: varies by zipcode
    • Monthly Rent for 10x15: varies by zipcode
    • Monthly Rent for 10x17.5: varies by zipcode
    • Monthly Rent for 10x20: varies by zipcode
    • Monthly Rent for 10x25: varies by zipcode
  • Monthly Rent for units above a 10x30 will be assessed on a case-by-case basis

Pickup and Delivery Charges:

  • Pickup and delivery charges are based on the number of Porters sent and the amount of time taken on-site to pick up or deliver your items
    • You will only be charged from the time the Porters arrive on-site until the pickup or delivery is completed
    • You will sign for both the start time and the job completion time
    • For the avoidance of doubt, the pickup and delivery charges will only apply to the time the Porters are on-site completing the pickup or delivery
    • Pickup and delivery fees remain the same regardless of whether it is a partial or full pickup or delivery
    • The minimum pickup or delivery billing time is 1 hour
    • Any time estimates provided are only estimates.  You will be billed for the actual amount of time taken on-site, subject to the 1 hour minimum
    • All billing is done in 15 minute increments
    • For any partial deliveries where our Porters must search through to find boxes or items that are not well labeled or easily identifiable, a $30 / hr “search fee” will be charged for the time our team takes to go through the items in your unit to locate the exact item(s) that you would like to have delivered.  This fee will be discussed with you prior to any charges being applied.
  • Schedule of hourly pickup and delivery costs
    • 1 Porter: $30 / hr
    • 2 Porters: $60 / hr
    • 3 Porters: $90 / hr
    • 4 Porters: $120 / hr
    • 5 Porters: $150 / hr
    • 6 Porters: $180 / hr
  • Trip and Materials Fees
    • Trip and materials fees are assessed based on the drive-time estimate to a pickup or delivery, the amount of basic materials (defined below) needed to wrap and pack items, and fluctuations in fuel costs
    • These fees will vary by customer and will be quoted to you by your customer service representative
    • “Basic Materials” are defined as the moving blankets, tape, and shrinkwrap used to protect your items in transit.  This fee does not include additional materials such as mattress bags, TV boxes, moving boxes, etc. that may be purchased from MyPorter at an additional cost
  • No Show Fees
    • A “No Show” is defined as a customer not being available to accept a pickup or delivery or that the Porters are not able to contact via the phone number or email the customer has provided for the pickup or delivery service.  This includes cancelling a pickup or delivery less than 2 hours in advance.
    • No show at pickup appointment: $60.00
    • No show at delivery appointment: $120.00

Shipping & Handling Charges:

  • A one-time $50.00 handling fee will be charged for any shipments MyPorter must handle on behalf of the customer
  • Cost of shipping (including any packing materials required) plus a 15% service fee
  • Shipping will be provided via UPS or another shipping / moving provider selected by the customer, in the event of a move outside of MyPorter’s service area

Delinquency & Lien Charges and Fees:

  • One-time delinquent account admin fee (on 5th day past due): $20.00
  • Monthly delinquent account admin fee (levied from 30th day past due onward): $20.00
  • Dishonored Check Charge: $10.00
  • Lien Fee: (after 60 Days) (Whether or not Sale Occurs): $50.00
  • Lien Sale/Auction Fee: $100.00

Other Charges:

  • Short Notice Fees:
    • Cancelling appointment with less than 36 hours notice: $35.00
    • Same-day Delivery surcharge (in addition to standard delivery fees above and subject to Porter availability): $50.00
  • Short Stay Fee:
    • Charged if customer has entire unit delivered within 35 days of beginning storage contract
    • Fee is equal to 100% of monthly rent
    • This fee is charged to compensate MyPorter for the unbilled costs of putting a customer’s items into storage after pickup and taking them back out upon delivery (this only applies to customers who stay for 35 days or less.  These costs are fully assumed by MyPorter for all other customers).
  • Disposal / Donation Fees:
    • Charged if a customer requests MyPorter to dispose of unwanted items
    • Minimum fee of $150, subject to amount and type of items customer is requesting to dispose of or donate to charity
    • MyPorter does not accept donations
  • Photo inventory: $20.00 per month

Important Legal Notice: The monthly occupancy charge and other charges stated in this Agreement are the actual charges you must pay.

SCHEDULING

Drop off, pick up and return must be scheduled in advance by you using the MyPorter website, or by contacting us directly at 844-9-PORTER (you can also email us or chat us online). The limits of our service area are provided on our website under FAQs. Or, if you prefer, signup and enter your Zip Code in to see if and when we will be serving your area! We do our best to accommodate your schedule, but at times we simply cannot make last minute deliveries or pickups (largely in part due to Atlanta’s famed traffic). That said the times listed in our scheduling service are those that we are available, and will do everything in our power to accommodate any needs that do not fit the available time slots. Also, times given for drop-off, pick-up and return are estimates only. We are not liable for any delay in drop-off, pick-up or return. We also reserve the right to cancel or postpone any drop-off, pick-up and return of Your Stuff in the event that we believe, in our sole discretion, that it may endanger any Porter or other individual. Cancellation may be due to a variety of reasons including, but not limited to, severe weather conditions or by reason of MyPorter having limited access to Your Stuff or your address.

TERMINATING YOUR ACCOUNT

You can terminate your account at any time by your account settings page or by contacting MyPorter support (any delivery or short stay fees will still apply). You must arrange for and pay the costs (as set out in this Agreement) of getting Your Stuff back to you. (Our facilities are not publicly accessible, so you can’t just come down and pick stuff up.) You must continue to pay us your full storage charge each month until all of Your Stuff has been returned to you.

MYPORTER RIGHT TO TERMINATE

MyPorter’s obligation to store Your Stuff may be terminated by us by giving you, the customer, at least ten (10) days prior written notice. We reserve the right, upon termination, to require the absolute removal of Your Stuff, irrespective of date of agreement, and if not removed, we are hereby empowered to have Your Stuff removed at your sole expense.

VALUE OF YOUR PROPERTY

Unless otherwise agreed to in writing, you represent and warrant that the maximum value for loss or damage shall be limited to $0.60 per pound per item stored or moved with MyPorter regardless of number of Bins/Boxes/Property being moved or stored. You agree that in no event shall the total value of any item moved or stored be deemed to exceed $0.60 per each pound the item weighs unless MyPorter agrees in writing to a higher value (for the avoidance of doubt, the calculation for this insurance is based on the weight of an individual item multiplied by $0.60 – e.g., the maximum insurance payout for a 100 pound item is $60). Nothing in this section shall be deemed to create any liability on the part of MyPorter to you for any loss or damage to Your Stuff, regardless of cause. You may request to insure your Property for a higher value through MyPorter by selecting one of the above insurance tiers. THIS LIMITATION OF VALUE MAY, UPON THE WRITTEN REQUEST OF THE CUSTOMER AND UPON ACCEPTANCE IN WRITING BY MYPORTER, BE INCREASED ON PART OR ALL OF THE YOUR STUFF BEING MOVED OR STORED, IN WHICH EVENT INCREASED INSURANCE RATES MAY BE CHARGED BASED UPON THE INCREASED VALUATION PER THE INSURANCE SCHEDULE BELOW.

This clause is not a limitation of damages relating to any loss or damage to your property caused by MyPorter after it enforces its lien rights at a public or private lien sale.

Insurance Schedule:

  • Bronze: $0.60 per pound per item provided for Free.
    • For the avoidance of doubt, the calculation for this insurance is based on the calculation of the weight of an individual damaged item multiplied by $0.60.
    • Example: the maximum insurance payout for a 100 pound item would be $60.
  • Silver: $4.25 per $1,000 of declared value will provide replacement value up to amount Customer has declared subject to $300 deductible.
    • This option provides coverage based on current replacement value at the time of loss or damage, up to the dollar amount of valuation declared by Customer. The cost is based on the actual value of the goods, and the deductible.
    • MyPorter shall have option of repairing and/or restoring the item to the original condition, providing the Customer with a replacement of equal value based on type of item and condition at time of move, or providing customer with a cash settlement for the value of the damaged item based on the type of item and condition at the time of the move.  The means of replacement or cash settlement will be up to the discretion of MyPorter.
    • Minimum declared value of $5,000 per room.
  • Gold: $13.00 per $1,000 of declared value will provide replacement value up to amount Customer has declared with no deductible.
    • This option provides coverage based on current replacement value at the time of loss or damage, up to the dollar amount of valuation declared by Customer.
    • The cost is based on the actual value of the goods.
    • MyPorter shall have option of repairing and/or restoring the item to the original condition, providing the Customer with a replacement of equal value based on type of item and condition at time of move, or providing customer with a cash settlement for the value of the damaged item based on the type of item and condition at the time of the move.  The means of replacement or cash settlement will be up to the discretion of MyPorter.
    • Minimum declared value of $5,000 per room.

ITEMS NOT COVERED BY INSURANCE

1 – Pressed wood/particle board furniture (i.e., Ikea-style “Wood” furniture) will not be covered: Pressed wood furniture is an engineered wood product manufactured from wood chips, sawmill shavings, or even sawdust, and a synthetic resin or another suitable binder which is pressed and extruded.  These items tend to come apart / break when moved as they are very fragile and the slightest movement could destroy the piece due to the fact that it is made of wood chips and not proper wood.  It will be the customer’s responsibility to disassemble and reassemble these items due to this inherent risk.  MyPorter will NOT accept any damages as a result of disassembling or reassembling any pressed wood or particle board items for a client because damage OCCURS MORE OFTEN THAN NOT and these pieces of furniture do not reassemble the way they were prior to disassembly.  This furniture is not designed to be moved or broken down and reassembled after the initial assembly.  The pressed wood material has drilled holes with nails or screws that tend to chip or crack even with the utmost care.  In short, pressed wood is not real wood and was not designed to last or to be moved.

2 – Transportation of items without proper or recommended protection and/or containers:  Unpacked items of a fragile or breakable nature including, but not limited to, the following: mattresses, glass of any kind, lamps, lampshades, pictures, mirrors, marble, granite, stone, pottery, televisions, and artwork of any kind MUST be packed in a proper box or mattress bag.  Likewise, all furniture must be properly protected by well-secured moving blankets of the proper weight.  Damage claims for items not properly protected will not be honored unless items are properly wrapped or packed in the recommended container by MyPorter.  Customer accepts responsibility for any item that is placed onto our trucks without the proper packaging.  MyPorter will always recommend proper containers for such items.

3 – Disconnection or reconnection of washer, dryer, or any appliance:  Water or plumbing damage may result to owner’s premises or adjacent premises if appliances are not properly connected.  Our movers are not plumbers or electricians, nor do they have the certifications required to properly handle appliances.  Customer agrees to accept responsibility for any and all damage to owned, rented, and all adjacent un-owned or un-rented property and personal property of others should they insist that our company disconnects or reconnects an appliance.  MyPorter WILL NOT connect any gas appliance, under any circumstance!  MyPorter shall not be liable for any fire, water, or electrical or any other related damage resulting from the disconnection or reconnection of any appliances.  Customer agrees to accept liability for any damage arising out of the disconnection or reconnection of appliances including but not limited to washers, dryers, refrigerators, icemakers, or coffee makers even if Customer requires, requests, permits, or allows MyPorter to perform such services.

4 – Customer’s property warranty: Customer warrants all driveways, walkways, bricks, steps, pavers, tiles, decks, and floors are of sufficient strength and structure to permit safe moving.  Customer agrees to empty out all unfinished attic areas, themselves.  MyPorter’s movers are NOT permitted in unfinished attics and will not be held responsible for any items left behind in these areas.

5 – Customers assisting movers:  Customers sometimes get extra 3rd-party “helpers” or they themselves try to help move furniture.  When the customer insists on helping, any damages to items will not be honored because it creates a situation whereby the Customer or their 3rd-party helpers may damage property and / or furniture.  When this occurs, placing the blame for the damages becomes a he-said-she-said situation and it is very hard to understand who is responsible for the damage.  As a result, you are welcome to help if you would like, but it will result in a waiver of liability for any and all damages.  Also, in no situation are Customers allowed to step foot on any of MyPorter’s vehicles or ramps due for liability reasons.

6 – MyPorter will not assume any liability whatsoever for: Documents, currency, money, jewelry, watches, precious stones, or articles of extraordinary value including accounts, bills, deeds, evidences of debt, securities, notes, postage stamps, stamp collections, revenue stamps, precious/rare art, letters or packets of letters, articles of peculiarly inherent value, precious metals or articles manufactured therefrom, which are not specifically listed on the bill of lading.

7 – Items of extraordinary value:  All items included in a shipment that are to be considered of extraordinary (unusual) value must be specifically identified and MyPorter must be advised in writing that they are included in the shipment.  Items of extraordinary value are defined as those having a value of greater than $100.00 per pound. Typically, household goods items that frequently have a value in excess of $100.00 per pound per article are: currency, coins, jewelry, precious metals, precious or semi-precious stones or gems, gold, silver, or platinum articles including silverware and service sets, china sets, crystal or figurines, fur or fur garments, antiques, oriental rugs or tapestries, rare collectible items or objects or art, computer software programs, manuscripts, or other rare documents. Other items may also fall into this category and must be identified as well.

8 – Appliances and other electronic devices: MyPorter will not be held liable for any internal components of an appliance and/or electronic device.  When moving appliances & electronics it can be necessary to tilt or turn these in a position that is other than upright.  Doing this can cause loose components to become damaged.  Also, vibrations in the truck can also cause components that may have already been loose to come apart.  Therefore, MyPorter does not cover the internal components of any appliance or electronic device unless external damage is visible that would support the damage that is being claimed.  The Georgia Tariff further supports this stating that mechanical conditions are not known and therefore that any mover within the state of Georgia is not be liable for mechanical damage unless there is external damage which would support the claimed internal or mechanical damage to the item.

9 – Missing hardware for items MyPorter did not disassemble: MyPorter will not be held liable for the loss of any hardware for items that we did not disassemble.  If you are disassembling items yourself, please ensure that you securely attach the hardware to one of the items or place the hardware into a box and write down where you put the hardware.  The best place to note this is on your inventory or move sheet so that both MyPorter and you have a record of where the hardware was placed!

LIMITATION OF LIABILTY FOR BOXES PACKED BY OWNER

Take good care to pack your goods safely and securely in your bins and boxes, as it is your responsibility to pack in such a manner to avoid damage during transit or storage. You understand that Your Stuff will be moved from time to time while in transit, in our warehouse in conjunction with deliveries, or as needed during storage.  Boxes will also be stacked inside your unit.  By having us move or store a bin or box, you are making the statement (you represent and warrant) that the bin or box has been packed appropriately and that the box is sufficiently strong enough to be stacked upon.  Also, you agree that MyPorter is not responsible for any damage to the contents of any box that has not been packed by MyPorter representatives.

On the same note, do not overstuff your bins or boxes. For your safety, as well as our Porters’, and the care of your belongings, we strongly recommend packing no more than 50lbs of goods into any single bin or box. We reserve the right to refuse picking up any bin or box that we reasonably believe exceeds this limit, exclusive of the weight of the bin or box itself. Again, this is for the protection of you, your belongings, and our team members.

PROHIBITED PROPERTY

You may not move or store the following with us:

  • Hazardous materials (including but not limited to, any hazardous or toxic chemical, gas, liquid, substance, material, waste or any other substance whose storage is or becomes regulated under any applicable local, state or federal law or regulation)
  • Food or other perishable goods
  • Any item that attracts vermin or creates a nuisance (up to our determination)
  • Flammable materials, such as kerosene, propane, gas, diesel, oil, etc.
  • Any item that has a noxious odor (up to our determination)
  • Any item that dangers the health and safety of people of the environment it is contained within, namely MyPorter facilities (up to our determination)
  • Explosives, fireworks, gun powder, or other inherently unstable and dangerous materials
  • Firearms, ammunition, or any weapon
  • Pets, animals or any living creature
  • Any item that is illegal, including, but not limited to, illegal drugs and stolen property
  • Counterfeit goods
  • Personal property which would result in the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to hazardous materials, waste disposal and other environmental matters

In addition, we strongly advise that you should not place into storage any official personal documents (such as passports, driver licenses, green cards, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, social security number, mortgage number, or a bank account number. This is not an exclusive list of personally identifiable information. Basically, do not put anything into storage that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. However, if you wish to store documents, you may do so at your own risk.  We strongly recommend securing your boxes and bins containing these items before pickup for peace of mind, as well as creating copies of said documents. That said, by executing this Agreement, you understand and agree that if you go ahead and store official documents or items containing personally identifiable information with MyPorter, to the fullest extent permitted by law, you waive all rights and claims against MyPorter arising in any way from storing these things with Your Stuff.

CLAIMs

ALL ITEMS MUST BE INSPECTED BY YOU UPON DELIVERY AND YOU MUST SIGN OFF ON BOTH THE CONDITION OF THE ITEMS AND PROVIDE WRITTEN CONFIRMATION OF THE RECEPTION OF ALL ITEMS BEFORE THE PORTERS LEAVE YOUR DELIVERY LOCATION.  MYPORTER WILL NOT BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO YOUR STUFF FOR WHICH YOU DO NOT NOTE UPON DELIVERY AND DO NOT DELIVER A WRITTEN CLAIM TO US WITHIN SEVEN (7) DAYS AFTER YOU FIRST BECOME AWARE THEREOF. NO SUIT MAY BE COMMENCED AGAINST MYPORTER FOR ANY SUCH LOSS, THEFT OR DAMAGE MORE THAN SIXTY (120) DAYS AFTER YOU, THE CUSTOMER, FIRST BECOME AWARE THEREOF. EITHER YOU OR US CAN ELECT THAT ANY DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT BE RESOLVED BY BINDING ARBITRATION. ARBITRATION SHALL BE CONDUCTED IN THE COUNTY WHERE THE FACILITY IS LOCATED BY AND IN ACCORDANCE WITH THE RULES OF JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES.

CLIMATE CONTROL

We maintain all of our MyPorter facilities using responsible heating, cooling and dehumidification methods. We will regulate and attempt to protect your goods from mold growth, or similar microorganisms, using commercially reasonable efforts. However, because your stuff will not be stored in a completely climate-controlled environment, we cannot guarantee that mold or other microorganisms may not develop on your property. We are not liable for natural mold, mildew or similar microorganisms on your property. You assume the risk that mold or similar microorganisms could develop under these circumstances. Further, you acknowledge and agree that the storage containers provided by MyPorter and premises where they will be located are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as, but not limited to, books, records, writings, contracts, documents, personalized or other DVDs or videos, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value and records or receipts relating to the stored goods. You agree not to store any such items. Should you store such items, you assume the risk that they could be damaged by the environmental conditions existing at the premises where they are stored and waive all rights and claims against MyPorter for any damage arising from environmental conditions.

RIGHT TO INSPECT

MyPorter does not intend to access your bins or boxes. That said, in the event of an emergency or upon default of any of your obligations under this agreement, we have the right to inspect the contents of Your Stuff. We may require you to immediately remove any Prohibited Property stored in your bins or boxes. In the event you fail to remove the Prohibited Property within 24 hours of MyPorter’s demand, or sooner in the event the Prohibited Property creates a risk to the health and safety of our employees or the general public, we have the right to remove and dispose of the Prohibited Property at the sole cost and expense of you and/or immediately redeliver the bins or boxes. Along with this, in the event MyPorter is issued a search warrant from any government agency regarding your goods, MyPorter may, without incurring any liability from you, immediately remove the seal from your unit, bins, or boxes, allowing your goods to be searched and seized, if applicable. Should MyPorter receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.

PROPERTY DISPUTES

MyPorter will not release any of Your Stuff to someone else that claims they own it, unless there is a court order or binding arbitration ruling. That said, MyPorter would not favor either side in a property dispute. If anyone claims to MyPorter that they are the true owner of some or all of Your Stuff, we will provide them with a form to fill out under penalty of perjury that sets out their claim. Upon submission of said form, the person claiming ownership of some of or all of Your Stuff agrees to indemnify MyPorter and you for all the costs that result from their claim, if it is wrong. Also, they must agree to offer you the option to arbitrate (independent of MyPorter’s involvement) to resolve the claim, with the loser to pay the winner’s attorney’s fees and costs.

Upon their agreement, we will provide you a copy of their summary of their claim, along with a form for you to respond if you wish to dispute their claims. If you choose to dispute the claims, MyPorter will take no further action or have any involvement – the matter is yours to resolve, although you will now have the option of loser-pays arbitration. You will have 30 days to dispute the claim of ownership, and if you do not respond, we will return the disputed property to you, and notify the person claiming ownership that we have done so. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property. You also agree that you will not be entitled to any pro-rata refund of monthly rent, and that the three-month rental minimum will still apply.

DEFAULT; DENIAL OF ACCESS

These terms provide MyPorter with the right to terminate service in the event you, the customer, default on your rental payment. The following events shall be deemed to be events of default by you under this agreement: a) failure to pay rent; b) failure to comply with any term or provision of this agreement; or c) abandonment of Your Stuff. If you default under any of these obligations under this agreement, we may pursue our remedies, including terminating this agreement, enforcing our rights in accordance with the law of the state where the facility where your goods are stored is located or pursuing any other remedies available at law or in equity.

MYPORTER’S LIEN; DEFAULT

MyPorter has and claims a lien on all Your Stuff stored by MyPorter for rent and other charges and for expenses necessary for preservation of Your Stuff or for expenses necessary or reasonably incurred by MyPorter in the sale of Your Stuff pursuant to applicable law and enforcing your liabilities and under this agreement (including interest, attorneys’ charges and costs) and for like charges and expenses in relation to other Bins or items, whenever deposited by or for your account. MyPorter further reserves a security interest in all Your Stuff described above (and the proceeds thereof) for all such charges, liabilities and expenses to the fullest extent the above described lien is prohibited by or is otherwise not permitted by law. MyPorter will provide you with due and proper notice of the Lien Sale prior to its occurrence.

THE PROPERTY STORED MAY BE SOLD TO SATISFY THE LIEN IF THE CUSTOMER IS IN DEFAULT. If you fail to pay the amounts due, MyPorter may dispose of some or all of Your Stuff by sale or otherwise. If any of Your Stuff remains unsold after foreclosure and sale, MyPorter may dispose of said items in any manner considered appropriate. It is understood and agreed that the liability of you, the customer, for the rents, charges, costs and expenses provided for in this agreement shall not be relinquished, diminished or extinguished prior to payment in full. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due to MyPorter under this agreement and the costs of sale, you must pay any balance outstanding to MyPorter within 7 days of a written demand. Interest will accrue at the maximum legal rate until the balance is paid in full. MyPorter may use a collection agency thereafter to secure any remaining balance owed by you, after the application of sale proceeds, if any. You shall be responsible for all costs reasonably incurred by MyPorter in relation to the disposal of the Your Stuff. If MyPorter receives money on disposal of Your Stuff, the net proceeds of sale will be credited to Your account and MyPorter will pay any excess amounts to you without interest, less MyPorter’s administrative charge set forth in this agreement. If, after having made reasonable efforts to do so, MyPorter is unable to return any excess amounts received from the disposal of Your Stuff to you, including having given not less than 60 days written notice to you, MyPorter may retain any such excess amounts for its own account.

MYPORTER’S LIABILITY FOR WRONGFUL SALE

Our relationship is one of owner and occupant.

MyPorter’s liability for damages relating to any loss or damage to your personal property caused by MyPorter after MyPorter enforces its lien is limited to the total amount of your insurance as defined in the VALUE OF YOUR PROPERTY section of this Agreement. Such liability may, on your written request, at the time of the signing of this Agreement or within a reasonable time thereafter, and if such request is accepted in writing by MyPorter, be increased on part or all of the property stored. If such request is made and accepted, the monthly charges set forth above will be increased, commencing when we accept, in writing your request, by the amounts as defined in the insurance schedule in the VALUE OF YOUR PROPERTY section of this Agreement. If you wish to increase the limitation of liability on your items, please call our Customer Happiness Team at (844) 976-7837 or chat us online at www.MyPorter.com.

INSURANCE

Under this agreement, we do not maintain any insurance on your personal property that you can make a claim under in addition to the VALUE OF YOUR PROPERTY section of this Agreement. It is your responsibility to keep Your Stuff fully insured against loss or damage, at all times. You must obtain any additional insurance desired at your own expense. You must secure your own insurance to protect yourself and Your Stuff against all perils of whatever nature. You expressly agree that the carrier of such insurance shall not be subrogated to any of your claims against MyPorter, or MyPorter’s agents or employees. Although we may provide insurance information to you or make insurance available to you, you understand that neither MyPorter nor its agents are acting as an Insurance Company or insurance agents. Quite simply, if you do not have insurance coverage, you understand that MyPorter will not be liable beyond the amounts and conditions in these Terms, upon term agreement.

WAIVER OF SUBROGATION

Any insurance carried by you or us is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.

ABANDONMENT OF YOUR STUFF

Abandonment will occur in the event this agreement terminates and you fail to take possession of Your Stuff within ten days from the termination date. If you abandon Your Stuff, MyPorter shall have the right to withhold and ultimately dispose of some or all of Your Stuff in accordance with this clause.

DISCLAIMER

MyPorter’s agents and employees are not authorized to make warranties about Your Stuff or our facility. Our agents’ and employees’ statements do not constitute warranties and shall not be relied upon by you, the customer, nor shall any of said statements be considered a part of this agreement. The entire agreement and understanding of the parties is embodied in this writing and no other warranties are given beyond those set forth in this agreement. The parties agree that the implied warranties of merchantability and fitness for a particular purpose and all other warranties express or implied are excluded from this transaction to the extent allowed by the laws of this state.

WAIVER OF JURY TRIAL

Both MyPorter and you waive our respective rights to trial by jury for any cause of action, claim, counterclaim of cross-complaint in any action brought by either party against one another on any matter arising out of or in any way connected with this agreement, your use of the Bins and our facility or any claim of bodily injury or damage to Your Stuff or for the enforcement of any remedy under any law, statute or regulation.

EMPLOYEE SERVICES

Should any of MyPorter’s employees or agents perform any services for you at your request, such employees shall be deemed to be the agent of you, regardless of whether payment for such services is made or not. You agree to hold us harmless from all liability in connection with or arising from such services performed by employees of MyPorter.

NOTICES FROM MYPORTER

As previously mentioned, we reserve the right to modify, adjust, or change our Storage Rules, these Terms, our Privacy Principal and this Agreement at any time upon 30 days notice to you. The change will become effective the month following the notice. If we do change our Storage Rules, these Terms, our Privacy Principal or this Agreement, we will send you a notice by email, postal mail, or SMS. It is your obligation to review and accept the notice. Your continued use of MyPorter will constitute an acceptance of the new terms included in the changes.

NOTICES FROM YOU

Again, as previously stated, in the event your residential address or email address changes, you must promptly inform us by updating your profile settings, or calling us to change it for you. We are not responsible if you do not receive a notice from us and you did not notify us.

MILITARY SERVICE

If you are in the Military, you must immediately notify MyPorter of changes in your Military status or assignment resulting in changes to your email address, mailing address, phone number or other contact information you previously provided to MyPorter. If you are not currently in the Military, but become a member of the Military after executing this Agreement, you must notify MyPorter in writing within thirty (30) days of becoming a member of the Military and provide your new/updated contact information. Of course, we do not expect you to provide us with information about confidential or classified field locations. MyPorter will rely on this information to determine the applicability of the Service-Members Civil Relief Act.

OTHER RIGHTS

MyPorter, in addition to all other rights and remedies we may have, may exercise any right or remedy with respect to the collateral which it may have under the uniform commercial code or otherwise. All rights of MyPorter hereunder or in law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. You hereby waive and renounce your right to the benefit of any exemption provided under Georgia law.

INVALIDITY

If one or more of the provisions within this agreement are deemed to be illegal or unenforceable, the remainder of this agreement shall be unaffected and shall continue to be fully valid, binding and enforceable.

RULES AND REGULATIONS

You agree to be bound by rules and regulations as published by MyPorter from time to time. All rules and regulations shall be deemed to be part of this agreement and incorporated herein.

INDEMNIFICATION

To the fullest extent permitted by law, you shall indemnify and hold MyPorter and its agents harmless from any loss incurred by MyPorter and its agents in any way arising out of Your Stuff and your use of MyPorter, including bodily injury or death, even in the event of negligence or omission on the part of MyPorter’s employees or agents.

RECOVERY OF ATTORNEY’S FEES AND COSTS

In the event any action is instituted or any other proceedings taken to enforce any term, covenant or condition contained in this agreement or to recover any Storage charge or additional charge due hereunder, or to recover possession of the space for any default or breach of this agreement by you, the customer, you shall pay MyPorter reasonable attorney’s fees, costs and expenses in connection with such action or proceedings.

PERMISSION TO COMMUNICATE

You recognize we, MyPorter and you, are entering into a business relationship as company and customer. As such, you hereby consent to us phoning, faxing, texting, e-mailing and using social media to communicate with you for business-related communications and collection notices.

FORCE MAJEURE

MyPorter shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of god, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.

USER REQUIREMENTS AND E-SIGNATURE

Users must be over the age of eighteen (18) and be a real live human, and individuals cannot be using MyPorter for someone else. That is to say, those goods that you choose to store must be your property. No one else may store their goods under your account or have an interest in the property stored. In executing this Agreement, you warrant that you are the sole owner in the property to be stored with us. Be you – we like you.

After one of our Porters picks up your goods, they will be securely stored in one of our MyPorter facilities. However, you acknowledge and agree that at any time while your goods are stored with us, we maintain the right to move your goods, at our sole discretion, to another one of our facilities. This will in no way effect our financial obligations or your experience with accessing your goods while storing with MyPorter.

If not signed with an original signature below or on the physical inventory document and electronic signature is used, you understand and agree that this is considered consent to be legally bound by the terms and conditions of this agreement as if you signed this agreement in writing. You also agree that no certification authority or other third party verification is necessary to validate their e-signature and that the lack of such certification or third party verification will not in any way affect the enforceability of the e-signature or any resulting agreement between us.

Our Website and Property

All of the content and software that runs the MyPorter website is property of MyPorter or MyPorter’s licensors or other content suppliers. There exist content and trademark laws that protect all of our content. Subsequently, we own all of the content on our website, including logos, service marks, trademarks and everything else. You may not use, in any fashion (and as broadly as that is to be interpreted), any of the aforementioned content on our website that we own, without prior written consent of the respective owners. We reserve all our rights, and your rights are expressly named for you.

The viewing of all content displayed on MyPorter’s site is granted on a limited nonexclusive, non-transferable, non-sub licensable basis, meaning you can view and share our content, but you cannot use it or portray it as your own. Other than fair use, other uses are prohibited without express consent.

Notice: You acknowledges by digitally signing or accepting the Terms of this Agreement that you have read, understood and accepted all terms and conditions expressed in this Agreement.

MOVING TERMS OF SERVICE

Note – if you are storing with us, please refer to our storage terms of service here

Bear with us, as this is the document that covers the legal rights for both you and us, MyPorter LLC (“MyPorter”). We will try to keep it as concise and legal-jargon-free as possible, while keeping all parties involved protected – especially you. You will undoubtedly find portions of this document boring, but it is important that you read every section thoroughly. Both you and MyPorter are both bound by the Terms of Service (”Terms”) outlined. Below, we govern all use of www.MyPorter.com and all of our associated services.

MyPorter’s services are available to you, only if you accept to all of our policies – our Privacy Promises, our Moving and Storage Rules, and these Terms – the “Agreement” we are both bound by. It is understood that the Privacy Promises and the Moving and Storage Rules are “incorporated by reference”, and, as such, you should consider these part of the Terms.

For ease of readability, we will be referring to “Your Stuff” throughout this document. This is in reference to any goods (boxes, bins, furniture, bicycles, etc.) that we are moving, or that are being stored with MyPorter. Also, “Stuff” is referring to the same items aforementioned. On the same note, we will refer to any employee or contractor of MyPorter as a “Porter”. Off we go!

 

GENERAL MOVING TERMS

A deposit is due at the time of booking and the remaining payment is due immediately after your move is completed.  We do not provide payment plans!  By accepting these terms, you are letting us know that you have the finances necessary to cover the costs of your move.  Unfortunately, a small percentage of customers hire us without the means to pay or intention to pay for services rendered.  For those few who this is directed at that from the start never intended to ever pay, please be aware that in Georgia this is will be prosecuted under the theft of services laws/statutes and will subject the offender to criminal, as well as civil penalties.

If a billing error is found when accounting audits the file after the move, customer agrees to remit remaining balance owed.  This can happen after very long moves and even after a short move… we are all human and mistakes can and do happen every now and then. A billing error does not absolve a customer of his/her responsibility to pay the difference.

 

PAYING FOR YOUR MOVE AND CREDIT CARD INFORMATION

MyPorter requires all moves pay a 50% upfront deposit in order to reserve the date and time of your move plus the applicable drive time and materials fee.

Your credit card information will be stored on file using a secure payment processor. MyPorter does not warrant or guarantee that any financial information (credit card, checking account) will not be stolen or otherwise compromised. You waive and release any and all claims or actions against MyPorter for damages arising from the use of said information by others. We rely on the security and encryption of the payment provider to handle all billing information. We will use this card for any future charges. If you, for any reason, want us to stop billing this card, you must inform us by providing details of another card in the settings of your profile. We currently only accept the following forms of payment for charges: American Express, Discover, MasterCard, and Visa. However, we reserve the right to require payments be made in the form of cash, bank check or certified check.

In the event we are unable to bill your card, we’ll send you a notice and try again in three (3) days. If payment is not received on the second attempt, late fees will be charged as soon as the event of late payment or delinquency occurs per the schedule of fees below. Continued delinquency will result in additional late charges as outlined in the schedule of fees as well. In the event there is an erroneous charge back on a payment you make with your credit or debit card, we will charge you a fee of $25. A charge back affects our relationship with our bank. Likewise, we charge the same fees if there are insufficient funds in your debit account.

Please be sure to let us know if you lose your card or acquire a new one so as to avoid these penalties!

 

SCHEDULE OF FEES

Moving Fees:

  • Moving charges are based on the number of Porters sent and the total amount of time taken to transport your items from your pickup location to your delivery location
    • You will be charged from the time the Porters arrive on-site at the pickup location until all items are unloaded and placed at the delivery location
    • You will sign for both the start time and the job completion time
    • The minimum billing time is 2 hours
    • Any time estimates provided are only estimates.  You will be billed for the actual amount of time taken on-site, subject to the 2 hour minimum
    • All billing is done in 15 minute increments

 

  • Trip and Materials Fees
    • Trip and materials fees are assessed based on the drive-time estimate to a pickup or delivery, the amount of basic materials (defined below) needed to wrap and pack items, and fluctuations in fuel costs
    • These fees will vary by customer and will be quoted to you by your customer service representative
    • “Basic Materials” are defined as the moving blankets, tape, and shrinkwrap used to protect your items in transit.  This fee does not include additional materials such as mattress bags, TV boxes, moving boxes, etc. that may be purchased from MyPorter at an additional cost
  • No Show Fees:
    • A “No Show” is defined as a customer not being available at the pickup or delivery or that the Porters are not able to contact via the phone number or email the customer has provided for the pickup or delivery service.  This includes cancelling a move less than 2 hours in advance.
    • No show at pickup location: $60.00
    • No show at delivery location: $120.00

Delinquency & Lien Charges and Fees:

  • One-time delinquent account admin fee (on 5th day past due): $20.00
  • Monthly delinquent account admin fee (levied from 30th day past due onward): $20.00
  • Dishonored Check Charge: $10.00

Other Charges:

  • Disposal / Donation Fees:
    • Charged if a customer requests MyPorter to dispose of unwanted items
    • Minimum fee of $150, subject to amount and type of items customer is requesting to dispose of or donate to charity
    • MyPorter does not accept donations

Important Legal Notice: The charges stated in this Agreement are the actual charges you must pay.

VALUE OF YOUR PROPERTY

Unless otherwise agreed to in writing, you represent and warrant that the maximum value for loss or damage shall be limited to $0.60 per pound per item stored or moved with MyPorter regardless of number of Bins/Boxes/Property being moved or stored. You agree that in no event shall the total value of any item moved or stored be deemed to exceed $0.60 per each pound the item weighs unless MyPorter agrees in writing to a higher value (for the avoidance of doubt, the calculation for this insurance is based on the weight of an individual item multiplied by $0.60 – e.g., the maximum insurance payout for a 100 pound item is $60). Nothing in this section shall be deemed to create any liability on the part of MyPorter to you for any loss or damage to Your Stuff, regardless of cause. You may request to insure your Property for a higher value through MyPorter by selecting one of the above insurance tiers. THIS LIMITATION OF VALUE MAY, UPON THE WRITTEN REQUEST OF THE CUSTOMER AND UPON ACCEPTANCE IN WRITING BY MYPORTER, BE INCREASED ON PART OR ALL OF THE YOUR STUFF BEING MOVED OR STORED, IN WHICH EVENT INCREASED INSURANCE RATES MAY BE CHARGED BASED UPON THE INCREASED VALUATION PER THE INSURANCE SCHEDULE BELOW.

This clause is not a limitation of damages relating to any loss or damage to your property caused by MyPorter after it enforces its lien rights at a public or private lien sale.

Insurance Schedule:

  • Bronze: $0.60 per pound per item provided for Free.
    • For the avoidance of doubt, the calculation for this insurance is based on the calculation of the weight of an individual damaged item multiplied by $0.60.
    • Example: the maximum insurance payout for a 100 pound item would be $60.
  • Silver: $4.25 per $1,000 of declared value will provide replacement value up to amount Customer has declared subject to $300 deductible.
    • This option provides coverage based on current replacement value at the time of loss or damage, up to the dollar amount of valuation declared by Customer. The cost is based on the actual value of the goods, and the deductible.
    • MyPorter shall have option of repairing and/or restoring the item to the original condition, providing the Customer with a replacement of equal value based on type of item and condition at time of move, or providing customer with a cash settlement for the value of the damaged item based on the type of item and condition at the time of the move.  The means of replacement or cash settlement will be up to the discretion of MyPorter.
    • Minimum declared value of $5,000 per room.
  • Gold: $13.00 per $1,000 of declared value will provide replacement value up to amount Customer has declared with no deductible.
    • This option provides coverage based on current replacement value at the time of loss or damage, up to the dollar amount of valuation declared by Customer.
    • The cost is based on the actual value of the goods.
    • MyPorter shall have option of repairing and/or restoring the item to the original condition, providing the Customer with a replacement of equal value based on type of item and condition at time of move, or providing customer with a cash settlement for the value of the damaged item based on the type of item and condition at the time of the move.  The means of replacement or cash settlement will be up to the discretion of MyPorter.
    • Minimum declared value of $5,000 per room.

ITEMS NOT COVERED BY INSURANCE

1 – Pressed wood/particle board furniture (i.e., Ikea-style “Wood” furniture) will not be covered: Pressed wood furniture is an engineered wood product manufactured from wood chips, sawmill shavings, or even sawdust, and a synthetic resin or another suitable binder which is pressed and extruded.  These items tend to come apart / break when moved as they are very fragile and the slightest movement could destroy the piece due to the fact that it is made of wood chips and not proper wood.  It will be the customer’s responsibility to disassemble and reassemble these items due to this inherent risk.  MyPorter will NOT accept any damages as a result of disassembling or reassembling any pressed wood or particle board items for a client because damage OCCURS MORE OFTEN THAN NOT and these pieces of furniture do not reassemble the way they were prior to disassembly.  This furniture is not designed to be moved or broken down and reassembled after the initial assembly.  The pressed wood material has drilled holes with nails or screws that tend to chip or crack even with the utmost care.  In short, pressed wood is not real wood and was not designed to last or to be moved.

2 – Transportation of items without proper or recommended protection and/or containers:  Unpacked items of a fragile or breakable nature including, but not limited to, the following: mattresses, glass of any kind, lamps, lampshades, pictures, mirrors, marble, granite, stone, pottery, televisions, and artwork of any kind MUST be packed in a proper box or mattress bag.  Likewise, all furniture must be properly protected by well-secured moving blankets of the proper weight.  Damage claims for items not properly protected will not be honored unless items are properly wrapped or packed in the recommended container by MyPorter.  Customer accepts responsibility for any item that is placed onto our trucks without the proper packaging.  MyPorter will always recommend proper containers for such items.

 

3 – Disconnection or reconnection of washer, dryer, or any appliance:  Water or plumbing damage may result to owner’s premises or adjacent premises if appliances are not properly connected.  Our movers are not plumbers or electricians, nor do they have the certifications required to properly handle appliances.  Customer agrees to accept responsibility for any and all damage to owned, rented, and all adjacent un-owned or un-rented property and personal property of others should they insist that our company disconnects or reconnects an appliance.  MyPorter WILL NOT connect any gas appliance, under any circumstance!  MyPorter shall not be liable for any fire, water, or electrical or any other related damage resulting from the disconnection or reconnection of any appliances.  Customer agrees to accept liability for any damage arising out of the disconnection or reconnection of appliances including but not limited to washers, dryers, refrigerators, icemakers, or coffee makers even if Customer requires, requests, permits, or allows MyPorter to perform such services.

4 – Customer’s property warranty: Customer warrants all driveways, walkways, bricks, steps, pavers, tiles, decks, and floors are of sufficient strength and structure to permit safe moving.  Customer agrees to empty out all unfinished attic areas, themselves.  MyPorter’s movers are NOT permitted in unfinished attics and will not be held responsible for any items left behind in these areas.

5 – Customers assisting movers:  Customers sometimes get extra 3rd-party “helpers” or they themselves try to help move furniture.  When the customer insists on helping, any damages to items will not be honored because it creates a situation whereby the Customer or their 3rd-party helpers may damage property and / or furniture.  When this occurs, placing the blame for the damages becomes a he-said-she-said situation and it is very hard to understand who is responsible for the damage.  As a result, you are welcome to help if you would like, but it will result in a waiver of liability for any and all damages.  Also, in no situation are Customers allowed to step foot on any of MyPorter’s vehicles or ramps due for liability reasons.

6 – MyPorter will not assume any liability whatsoever for: Documents, currency, money, jewelry, watches, precious stones, or articles of extraordinary value including accounts, bills, deeds, evidences of debt, securities, notes, postage stamps, stamp collections, revenue stamps, precious/rare art, letters or packets of letters, articles of peculiarly inherent value, precious metals or articles manufactured therefrom, which are not specifically listed on the bill of lading.

7 – Items of extraordinary value:  All items included in a shipment that are to be considered of extraordinary (unusual) value must be specifically identified and MyPorter must be advised in writing that they are included in the shipment.  Items of extraordinary value are defined as those having a value of greater than $100.00 per pound. Typically, household goods items that frequently have a value in excess of $100.00 per pound per article are: currency, coins, jewelry, precious metals, precious or semi-precious stones or gems, gold, silver, or platinum articles including silverware and service sets, china sets, crystal or figurines, fur or fur garments, antiques, oriental rugs or tapestries, rare collectible items or objects or art, computer software programs, manuscripts, or other rare documents. Other items may also fall into this category and must be identified as well.

8 – Appliances and other electronic devices: MyPorter will not be held liable for any internal components of an appliance and/or electronic device.  When moving appliances & electronics it can be necessary to tilt or turn these in a position that is other than upright.  Doing this can cause loose components to become damaged.  Also, vibrations in the truck can also cause components that may have already been loose to come apart.  Therefore, MyPorter does not cover the internal components of any appliance or electronic device unless external damage is visible that would support the damage that is being claimed.  The Georgia Tariff further supports this stating that mechanical conditions are not known and therefore that any mover within the state of Georgia is not be liable for mechanical damage unless there is external damage which would support the claimed internal or mechanical damage to the item.

9 – Missing hardware for items MyPorter did not disassemble: MyPorter will not be held liable for the loss of any hardware for items that we did not disassemble.  If you are disassembling items yourself, please ensure that you securely attach the hardware to one of the items or place the hardware into a box and write down where you put the hardware.  The best place to note this is on your inventory or move sheet so that both MyPorter and you have a record of where the hardware was placed!

LIMITATION OF LIABILTY FOR BOXES PACKED BY OWNER

Take good care to pack your goods safely and securely in your bins and boxes, as it is your responsibility to pack in such a manner to avoid damage during transit or storage. You understand that Your Stuff will be moved from time to time while in transit, in our warehouse in conjunction with deliveries, or as needed during storage.  Boxes will also be stacked inside your unit.  By having us move or store a bin or box, you are making the statement (you represent and warrant) that the bin or box has been packed appropriately and that the box is sufficiently strong enough to be stacked upon.  Also, you agree that MyPorter is not responsible for any damage to the contents of any box that has not been packed by MyPorter representatives.

On the same note, do not overstuff your bins or boxes. For your safety, as well as our Porters’, and the care of your belongings, we strongly recommend packing no more than 50lbs of goods into any single bin or box. We reserve the right to refuse picking up any bin or box that we reasonably believe exceeds this limit, exclusive of the weight of the bin or box itself. Again, this is for the protection of you, your belongings, and our team members.

PROHIBITED PROPERTY

You may not move or store the following with us:

  • Hazardous materials (including but not limited to, any hazardous or toxic chemical, gas, liquid, substance, material, waste or any other substance whose storage is or becomes regulated under any applicable local, state or federal law or regulation)
  • Food or other perishable goods
  • Any item that attracts vermin or creates a nuisance (up to our determination)
  • Flammable materials, such as kerosene, propane, gas, diesel, oil, etc
  • Any item that has a noxious odor (up to our determination)
  • Any item that dangers the health and safety of people of the environment it is contained within, namely MyPorter facilities (up to our determination)
  • Explosives, fireworks, gun powder, or other inherently unstable and dangerous materials
  • Firearms, ammunition, or any weapon
  • Pets, animals or any living creature
  • Any item that is illegal, including, but not limited to, illegal drugs and stolen property
  • Counterfeit goods
  • Personal property which would result in the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to hazardous materials, waste disposal and other environmental matters

In addition, we strongly advise that you should not place into storage any official personal documents (such as passports, driver licenses, green cards, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, social security number, mortgage number, or a bank account number. This is not an exclusive list of personally identifiable information. Basically, do not move or put anything into storage that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. However, if you wish to move or store documents, you may do so at your own risk.  We strongly recommend securing your boxes and bins containing these items before pickup for peace of mind, as well as creating copies of said documents. That said, by executing this Agreement, you understand and agree that if you go ahead and move or store official documents or items containing personally identifiable information with MyPorter, to the fullest extent permitted by law, you waive all rights and claims against MyPorter arising in any way from storing these things with Your Stuff.

CLAIMS

ALL ITEMS MUST BE INSPECTED BY YOU UPON DELIVERY AND YOU MUST SIGN OFF ON BOTH THE CONDITION OF THE ITEMS AND PROVIDE WRITTEN CONFIRMATION OF THE RECEPTION OF ALL ITEMS BEFORE THE PORTERS LEAVE YOUR DELIVERY LOCATION.  MYPORTER WILL NOT BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO YOUR STUFF FOR WHICH YOU DO NOT NOTE UPON DELIVERY AND DO NOT DELIVER A WRITTEN CLAIM TO US WITHIN SEVEN (7) DAYS AFTER YOU FIRST BECOME AWARE THEREOF. NO SUIT MAY BE COMMENCED AGAINST MYPORTER FOR ANY SUCH LOSS, THEFT OR DAMAGE MORE THAN SIXTY (120) DAYS AFTER YOU, THE CUSTOMER, FIRST BECOME AWARE THEREOF. EITHER YOU OR US CAN ELECT THAT ANY DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT BE RESOLVED BY BINDING ARBITRATION. ARBITRATION SHALL BE CONDUCTED IN THE COUNTY WHERE THE FACILITY IS LOCATED BY AND IN ACCORDANCE WITH THE RULES OF JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES.

RIGHT TO INSPECT

MyPorter does not intend to access your bins or boxes. That said, in the event of an emergency or upon default of any of your obligations under this agreement, we have the right to inspect the contents of Your Stuff. We may require you to immediately remove any Prohibited Property stored in your bins or boxes. In the event you fail to remove the Prohibited Property, we have the right to remove and dispose of the Prohibited Property at the sole cost and expense of you. Along with this, in the event MyPorter is issued a search warrant from any government agency regarding your goods, MyPorter may, without incurring any liability from you, immediately remove the seal from your unit, bins, or boxes, allowing your goods to be searched and seized, if applicable. Should MyPorter receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.

DEFAULT; DENIAL OF ACCESS

These terms provide MyPorter with the right to terminate service in the event you, the customer, default on your payment. The following events shall be deemed to be events of default by you under this agreement: a) failure to pay; b) failure to comply with any term or provision of this agreement; or c) abandonment of Your Stuff. If you default under any of these obligations under this agreement, we may pursue our remedies, including terminating this agreement, enforcing our rights in accordance with the law of the state where you are located or pursuing any other remedies available at law or in equity.

INSURANCE

Under this agreement, we do not maintain any insurance on your personal property that you can make a claim under in addition to the VALUE OF YOUR PROPERTY section of this Agreement. It is your responsibility to keep Your Stuff fully insured against loss or damage, at all times. You must obtain any additional insurance desired at your own expense. You must secure your own insurance to protect yourself and Your Stuff against all perils of whatever nature. You expressly agree that the carrier of such insurance shall not be subrogated to any of your claims against MyPorter, or MyPorter’s agents or employees. Although we may provide insurance information to you or make insurance available to you, you understand that neither MyPorter nor its agents are acting as an Insurance Company or insurance agents. Quite simply, if you do not have insurance coverage, you understand that MyPorter will not be liable beyond the amounts and conditions in these Terms, upon term agreement.

WAIVER OF SUBROGATION

Any insurance carried by you or us is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.

DISCLAIMER

MyPorter’s agents and employees are not authorized to make warranties about Your Stuff or our facilities. Our agents’ and employees’ statements do not constitute warranties and shall not be relied upon by you, the customer, nor shall any of said statements be considered a part of this agreement. The entire agreement and understanding of the parties is embodied in this writing and no other warranties are given beyond those set forth in this agreement. The parties agree that the implied warranties of merchantability and fitness for a particular purpose and all other warranties express or implied are excluded from this transaction to the extent allowed by the laws of this state.

WAIVER OF JURY TRIAL

Both MyPorter and you waive our respective rights to trial by jury for any cause of action, claim, counterclaim of cross-complaint in any action brought by either party against one another on any matter arising out of or in any way connected with this agreement, your use of our services and/or our facility or any claim of bodily injury or damage to Your Stuff or for the enforcement of any remedy under any law, statute or regulation.

EMPLOYEE SERVICES

Should any of MyPorter’s employees or agents perform any services for you at your request, such employees shall be deemed to be the agent of you, regardless of whether payment for such services is made or not. You agree to hold us harmless from all liability in connection with or arising from such services performed by employees of MyPorter.

NOTICES FROM MYPORTER

As previously mentioned, we reserve the right to modify, adjust, or change these Terms, our Privacy Principal and this Agreement at any time upon 30 days notice to you. The change will become effective the month following the notice. If we do change our these Terms, our Privacy Principal or this Agreement, we will send you a notice by email, postal mail, or SMS. It is your obligation to review and accept the notice. Your continued use of MyPorter will constitute an acceptance of the new terms included in the changes.

OTHER RIGHTS

MyPorter, in addition to all other rights and remedies we may have, may exercise any right or remedy with respect to the collateral which it may have under the uniform commercial code or otherwise. All rights of MyPorter hereunder or in law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. You hereby waive and renounce your right to the benefit of any exemption provided under Georgia law.

INVALIDITY

If one or more of the provisions within this agreement are deemed to be illegal or unenforceable, the remainder of this agreement shall be unaffected and shall continue to be fully valid, binding and enforceable.

RULES AND REGULATIONS

You agree to be bound by rules and regulations as published by MyPorter from time to time. All rules and regulations shall be deemed to be part of this agreement and incorporated herein.

INDEMNIFICATION

To the fullest extent permitted by law, you shall indemnify and hold MyPorter and its agents harmless from any loss incurred by MyPorter and its agents in any way arising out of Your Stuff and your use of MyPorter, including bodily injury or death, even in the event of negligence or omission on the part of MyPorter’s employees or agents.

RECOVERY OF ATTORNEY’S FEES AND COSTS

In the event any action is instituted or any other proceedings taken to enforce any term, covenant or condition contained in this agreement or to recover any Storage charge or additional charge due hereunder, or to recover possession of the space for any default or breach of this agreement by you, the customer, you shall pay MyPorter reasonable attorney’s fees, costs and expenses in connection with such action or proceedings.

PERMISSION TO COMMUNICATE

You recognize we, MyPorter and you, are entering into a business relationship as company and customer. As such, you hereby consent to us phoning, faxing, texting, e-mailing and using social media to communicate with you for business-related communications and collection notices.

FORCE MAJEURE

MyPorter shall not be held liable for any delay, interruption, or failure to perform any of its obligations under this agreement, and shall be excused from any further performance, due to circumstances beyond its reasonable control, which circumstances shall include, but not be limited to, any act of god, any act of any governmental authority, insurrection, riots, national emergencies, war, acts of public enemies, terrorism, inability to secure adequate labor or material, strikes, lock-outs or other labor difficulties, failure or delay of transportation, fires, floods, storms, explosions, severe weather conditions, earthquakes, or other catastrophes or serious accidents, epidemics or embargoes.

USER REQUIREMENTS AND E-SIGNATURE

Users must be over the age of eighteen (18) and be a real live human, and individuals cannot be using MyPorter for someone else. That is to say, those goods that you choose to store must be your property. No one else may move or store their goods under your account or have an interest in the property moved or stored. In executing this Agreement, you warrant that you are the sole owner in the property to be moved or stored with us. Be you – we like you.

If not signed with an original signature on the physical inventory document or move sheet and an electronic signature is used, you understand and agree that this is considered consent to be legally bound by the terms and conditions of this agreement as if you signed this agreement in writing. You also agree that no certification authority or other third party verification is necessary to validate their e-signature and that the lack of such certification or third party verification will not in any way affect the enforceability of the e-signature or any resulting agreement between us.

OUR WEBSITE AND PROPERTY

All of the content and software that runs the MyPorter website is property of MyPorter or MyPorter’s licensors or other content suppliers. There exist content and trademark laws that protect all of our content. Subsequently, we own all of the content on our website, including logos, service marks, trademarks and everything else. You may not use, in any fashion (and as broadly as that is to be interpreted), any of the aforementioned content on our website that we own, without prior written consent of the respective owners. We reserve all our rights, and your rights are expressly named for you.

The viewing of all content displayed on MyPorter’s site is granted on a limited nonexclusive, non-transferable, non-sub licensable basis, meaning you can view and share our content, but you cannot use it or portray it as your own. Other than fair use, other uses are prohibited without express consent.

Notice: You acknowledges by digitally signing or accepting the Terms of this Agreement that you have read, understood and accepted all terms and conditions expressed in this Agreement.

 

WE'RE HERE TO HELP!

Hours: 8AM-6PM
7 Days a week
hello@myporter.com
Call or text us: 844-976-7837

Terms Of Service