TERMS OF SERVICE
The following are the terms and conditions (“TOS”) that govern the provision of services by Tidy Trash Bins LLC (“Tidy Trash Bins”, “we”, “us”, “or our”) to you, and which govern the rights and responsibilities between Tidy Trash Bins and the purchaser or user of those services (“Customer”, “you” or “your”). These TOS, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Tidy Trash Bins on its website (collectively, the Agreement) constitute the entire agreement between Tidy Trash Bins and you regarding the Services (as defined in this Agreement). By using the Services, you agree to be bound by these TOS.
Tidy Trash Bins provides on-site curbside residential and commercial cleaning and power washing services for your municipally issued trash and recycling bins. (“Services”).
2. Responsibilities of Customer
To avoid an interruption or discontinuation of Services, you must do all of the following:
All trash and recycling bins must be left outside on your scheduled day of trash and/or recycling collection until 7 PM. If your bins are not outside when we arrive to provide the Services, we may skip your address and you will not be issued a refund. However, if you contact us within 7 days of the date of the missed Services, we will attempt to reschedule the same.
If your bins will not be available for your scheduled cleaning, you must notify Tidy Trash Bins by 8:00 PM on the night before your scheduled cleaning or you will not be issued a refund.
All trash or garbage in trash bins must be in a bag that is tied or sealed.
Animal feces must be in a tied or sealed bag before being placed in your trash bin.
Only those items permitted by local ordinance shall be placed in the recycling bin.
No chemicals, paint, glue or other adhesives, or hazardous waste of any kind shall be placed in any bin.
Yard waste should be disposed of according to local ordinance.
If you fail to observe the conditions listed above, we have the right to refuse providing you with the Services, but you will still be responsible for any and all payments/fees relating thereto. You may reschedule your Services, but will be billed for an additional service visit.
3. Responsibilities of Tidy Trash Bins
If we fail to provide your scheduled Services for any reason other than your failure to meet the obligations as outlined in Section 2 above, we will make a good faith attempt to reschedule the Services. If we are unable to reschedule the Services with you, we will issue a credit. If we are unable to provide your Services due to inclement weather, we will make good faith efforts to reschedule your Services.
4. Modification of Services
Tidy Trash Bins reserves the right to modify the Services at any time and without notice to you.
5. Modification of Terms of Service
This TOS may be amended and/or revised at any time by Tidy Trash Bins by posting an amended and/or revised version of the same on our website (www.tidytrashbins.com), or delivering a copy of the amended or revised TOS to your email address of record. All amendments and/or revisions are intended to improve our ability to provide Services.
You hereby acknowledge that you are responsible for the fees and charges for the Services to which you subscribe (the “Fees”). You are also responsible for all taxes and fees associated with the Services which we are legally required or permitted to collect from you. Tidy Trash Bins may, at any time, change the Fees in its sole discretion. Customers will be notified of any changes by mail or email. Your continued utilization of the Services, or failure to terminate your account with Tidy Trash Bins after being notified of the change in Fees, will be conclusive evidence of your acceptance of the modified Fees.
Our obligation to provide the Services is contingent upon your prompt payment of any and all Fees. You will be billed upon completion of your first Service within your agreed upon schedule. You must pay the Fees without set-off or deduction. You may opt to provide debit card, credit card, and/or checking account information (“Payment Method”), which Payment Method can be vaulted (saved) within our client portal. If you decline to provide a Payment Method, you will receive an invoice for Services which must be paid in advance. By providing a Payment Method, you authorize us to charge your Payment Method at the interval of your selected plan.
You authorize us to charge any Payment Method associated to your account in the event your primary Payment Method is declined or no longer available to us for payment of the Fees. If the issuer of your credit or debit cards does not remit payment to Tidy Trash Bins, Customer agrees to pay all amounts due upon demand by Tidy Trash Bins, including any and all fees relating to the delinquent payment.
Customer must notify Tidy Trash Bins of any changes to Customer’s Payment Method prior to the next billing cycle. A late fee of $15 will be added to any Fees that are more than 10 days past due.
Any Customer account that is more than 30 days past due will be considered delinquent. Services for delinquent accounts will be suspended until the account balance has been restored to good standing.
7. Default or Returned Payments
Tidy Trash Bins hereby reserves the right to suspend your account or terminate the Services without notice if the Customer’s Payment Method rejects any charges or if your card issuer requests a return of any previously made payments to Tidy Trash Bins for which, in its sole discretion, believes the Customer to be liable. The rights reserved in this Section are in addition to any and all other legal rights or remedies available to Tidy Trash Bins.
8. Prepaid Services
You must provide 30 days’ notice if you desire to cancel Services. If you do not provide 30 days’ notice of your intention to cancel Services, you will not be refunded for any prepaid Services. For example, if you select Monthly Service, Quarterly Payment and cancel your Service after the first month but less than 30 days before your second scheduled Service, you will be refunded $22 for the Services not received.
If you choose a monthly service plan, you agree to a 3 month minimum contract and your plan will auto-renew each month. To cancel your services you must provide 30 days’ notice as set forth above.
9.1 Choice of Law Jurisdiction and Forum
This Agreement shall be governed by the laws of the State of Wisconsin without regard to its choice of law rules. In the event of any dispute, the venue for any litigation shall be the Circuit Court of Rock County, Wisconsin.
9.2 Attorney’s Fees and Costs
In the event that either party is required to retain the services of an attorney to enforce this Agreement or to defend against any cause of action, claim, or counterclaim brought by the other party pursuant to this Agreement, then the prevailing party will be entitled to recover the attorney’s fees and costs which it has incurred, in addition to other remedies to which it is entitled under applicable law, unless the adjudicator specifically finds that neither party is the prevailing party.
9.3 Force Majeure
Other than obligations regarding payments, neither party shall be in default or otherwise liable for any delay or failure to perform under this Agreement if such delay or failure is caused by an event beyond its reasonable control, including, but not limited to, any act of God, act of a common enemy, the elements, earthquakes, floods, fires, epidemics or war.
Any failure or delay in exercising any of the rights or powers given to us in this TOS shall not operate as a waiver of such right or power, or affect our right to exercise the same or any other right at a later date.
Should any paragraph of this TOS be determined to be contrary to law, the remainder of the TOS shall be interpreted in such a manner as if the omitted portion had not been included.