BINS SO FRESH SERVICE AGREEMENT

This Agreement governing the terms and conditions of your use of the Bins So Fresh service, is between you (“you” or “Customer”), as an authorized user of such services, and Bins So Fresh (The Service).

This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Bins So Fresh (collectively, the “Agreement”), constitutes the entire agreement between Bins So Fresh and you regarding the Bins So Fresh cleaning service. By using the Service, you confirm you are of legal age (18+), your acceptance of, and agree to be bound by, this Agreement.

SERVICE

Bins So Fresh offers the Service at its website www.BinsSoFresh.com or calling 503-253-2622. The Service is a trash can, recycling and yard/organic waste bin cleaning service that initiates a monthly subscription for selecting a Monthly (Quarterly for Preexisting Customers) billed service plan. Single use options are excluded from any automatic renewal. If you elect to cancel or suspend service prior to your second scheduled cleaning on a subscription billed service plan, you will be billed the difference of the One-Time Cleaning service plan for each bin type and quantity you signed up. This subscription renews automatically unless canceled prior to your renewal date and must be in writing and delivered by email to info@binssofresh.com Or mail to Bins So Fresh 2562 North Kamiakan Street Cornelius OR 97113.

For all Commercial Accounts that do not have a written agreement or P.O. (Purchase Order) outlining the terms of the service that is being provided, the initial agreement term is for One (1) year and shall continue in force and the service performed on the frequency basis stated herein. And shall renew automatically in full force and effect until terminated by Thirty (30) days written notice from either party to the other unless noted beforehand of the One (1) year service expiration date. Cancellation of service prior to the initial One (1) year service expiration date, will constitute breach of agreement and monies will still be owed for the remainder of the initial term. The rate that was given was discounted with the intent of both parties honoring the initial One (1) year service term.

Customer Responsibilities

24 Hours’ Notice: If you fail to notify Bins So Fresh (BSF) within 24 hours of your scheduled service cleaning and we show up to provide the service,  unfortunately, your account cannot be credited. If you would like to still have service for the month, simply notify Bins So Fresh and make arrangements to pay the service return fee (mileage). Then you will be rescheduled for your service cleaning on the next available service cleaning day that your bins will be completely empty.

In order for Bins So Fresh to provide its service, YOU MUST ABIDE BY THE FOLLOWING CONDITIONS or service could be interrupted, skipped or postponed:

a. Bin(s) must be curb side and easily accessible to service technicians on scheduled service day. (If your bin(s) are not curbside without prior arrangements with BSF, see above 24 hours’ notice statement).
b. Bin(s) must be free of UNBAGGED Human or Animal waste. (No Exceptions) Would you be kind to ensure all fecal matter is bagged and collected by the garbage hauler?
c. Bin(s) must be free of cooking / motor oils.
d. Bin(s) must be free of chemicals, fresh paint, glue or other adhesive, or hazardous waste of any kind.
e. Bin(s) must be free of building materials, e.g. plaster, stucco or concrete.
f. Bin(s) must be completely empty. (With the exception of small tiny scraps stuck at the bottom).
g. Bin(s) must not have additional trash, recycling, and or yard debris added after your bin(s) have been collected by the garbage hauler. (Your bin(s) will not be serviced without prior arrangements with BSF).

Bins So Fresh responsibilities

If Bins So Fresh fails to provide its service on the scheduled day of service for a reason other than the customer failing to meet its responsibilities in the paragraph above, Bins So Fresh will compensate the Customer by one of the following methods at its sole discretion: Rescheduling your service for another day (In some cases the next day or skip your cleaning, issue you a credit and see you the following month.

Modifications to Customer Agreement

Bins So Fresh may amend this Agreement at any time by (a) posting a revised Customer Agreement at www.BinsSoFresh.com, and/or (b) mailing or sending information regarding the amendment to the email address you provided to Bins So Fresh.  We will welcome all inquiries, questions and comments regarding any changes made to the agreement from our clients. Our goal is to always serve our clients to the best of our ability and any changes to the agreement would be solely made for the betterment of the service program.

Modifications to Service

Bins So Fresh reserves the right to modify our delivery of service for the betterment of our clients and the overall success of the service program.

CHARGES

You agree to pay all charges for your use of the service at the prices then in effect for your area of residence. If you elect to pay for use of service at another resident, an additional subscription/one time cleaning must be created on your account for servicing another address. Only one (1) subscription/one time cleaning per service address. If it is discovered that there are bin(s) that do not belong to the service address, the customer will be appropriately billed retroactive for the additional bin(s) that were previously serviced. The resident that the additional bin(s) belong to will have to sign up for their own service if they would like to continue having their bin(s) cleaned. All charges will be exclusive of value added sales or other taxes, except as required by law. Bins So Fresh reserves the right to change prices or institute new charges for access to or use of the service. Any changes in pricing will be communicated to you by telephone, mail or email. It is your right to continue the service after your term or to discontinue the service at that time. Continued use of the services or non-termination of your Bins So Fresh account after changes are communicated to you by telephone, telephone message, mail OR email correspondence constitutes your acceptance of the prices as modified by the posted changes.
a. Payment for your Bins So Fresh service is due in accordance with your cycle of payment and must be made by the credit or debit card designated by you.
b. Charges will be billed based upon your agreed payment schedule for the service that you have selected. If payment by credit or debit card to Bins So Fresh is not honored or fulfilled by the issuer of your credit or debit card (or its agent or affiliate), you agree to pay all amounts, fees incurred and associated, due upon demand by Bins So Fresh. Each time you use the service you agree and reaffirm that Bins So Fresh is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with Bins So Fresh and you must refer to that agreement with respect to your rights and liabilities as a cardholder.
c. When Bins So Fresh shows up to service your account and there are more bins/dumpsters at your service address than is on your current order/subscription, we will clean the additional bin(s)/dumpster(s), and as a courtesy, bill your payment method and add them to your order/ service subscription.*
d. Except for showing acceptable proof that you have relocated to an area that Bins So Fresh does not provide service, your service fees that are paid in advance are non-refundable. If you have any question regarding any charges that have been applied to your account, please contact Bins So Fresh Billing Department within 30 days of the charge date by calling 503-253-2622 or by email at info@binssofresh.com
e. If you subscribed for the service pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are non-refundable except for a proven relocation. You must promptly notify Bins So Fresh of changes to: (a) the account number or expiration date of your designated credit or debit card; (b) your billing address (for the designated credit or debit card); and (c) promptly notify Bins So Fresh if your card is canceled (e.g., for loss or theft).
f. Your service is recurrently charged, based upon your service schedule to the authorized credit card. You may opt out of future recurring charges at any time, as long as notice is received before the next billing date of your most recent sign-up by canceling via email at info@binssofresh.com or by mail to Bins So Fresh 2562 North Kamiakan Street Cornelius OR 97113.

  1. Bins So Fresh reserves the right to suspend or terminate your service without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Bins So Fresh when Bins So Fresh believes you are liable for the charges. Such rights are in addition to, and not in lieu of, any other legal rights or remedies available to Bins So Fresh.

*Applies to commercial customers only.

 

MISCELLANEOUS

  1.    The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
    b.    If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
    c.   Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
    d.   This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently supersedes all prior representations, writings, negotiations or understandings with respect hereto.
    e.   Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.  If such delay or failure continues for at least 30 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.

Bins So Fresh thanks you for your business and together we will create a cleaner place for our families and community along with reducing pollutants going into our lakes, rivers and oceans.