Bin Biz, LLC

TERMS OF SERVICE

Last Updated January 1, 2024

 

These Terms of Service (the “Terms”) constitute a binding agreement between the person or entity accepting these Terms (“Customer” or “you”) and Bin Biz, LLC (“Bin Biz,” “we,” or “us”) with respect to your access to or use of the Services (as defined herein). The Services are offered subject to your acceptance of all terms and conditions set forth herein.

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT,” BY ACCESSING OR USING THE SERVICES IN ANY MANNER, OR BY SUBMITTING A SERVICE REQUEST (AS DEFINED BELOW), YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, PRICING SCHEDULES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE BIN BIZ PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BY SUBMITTING A SERVICE REQUEST.

THESE TERMS MAY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTIONS 11(b) (GOVERNING LAW; DISPUTE RESOLUTION) AND (c) (CLASS ACTION AND JURY WAIVER) BELOW.

BIN BIZ MAY REFUSE ACCESS TO OR USE OF THE SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICES ARE REVOKED IN SUCH JURISDICTIONS.

  1. Services.  Bin Biz provides on-site curbside residential and commercial cleaning and power washing services for your municipally issued trash and recycling bins (the “Services”), made available for scheduling through its website with a homepage at https://binbizutah.com/,  its subdomains and such other websites and/or applications as may be designated by Bin Biz from time to time (the “Site”). The benefits available to you through the Services (including, without limitation, the frequency and number of bin cleanings included in the Services) shall be in accordance with the individual service plan selected by you and identified in a service request submitted by you electronically through the Site or through such other ordering process as may be permitted by Bin Biz from time to time (each, a “Service Request”). Please note that some service plans (including monthly and quarterly service plans, or as otherwise set forth on the Site) may require a minimum commitment, and you agree to be bound by any such minimum commitment. Bin Biz may choose not to accept any Service Request at its sole and absolute discretion. All Service Requests accepted by Bin Biz shall be subject to these Terms. Please note that the Services are available only in those locations indicated on the Site.

 

  1. Service Scheduling. When we accept your Service Request, we will place you on our schedule and will notify you prior to our scheduled visit. Scheduling is subject to availability, and Services may be delayed or rescheduled at our discretion in the event of inclement weather, traffic, or other occurrences outside of our reasonable control. Please ensure that all bins are placed on the street and in a manner easily and safely accessible to Bin Biz personnel no later than 7am on the scheduled date of service. You may reschedule Services at any time prior to 24 hours before your originally scheduled service window without penalty. Please note, however, that any failure by you to place your bins on the street as required hereunder, or any cancelation or rescheduling of any Services by you less than 24 hours before your originally scheduled service window may result in the assessment of cancellation fees at Bin Biz’ then-current rate, which you agree to pay.
  1. Customer Obligations.  To avoid any interruption or discontinuation of Services, you agree to comply with each of the following:
    1. All trash and recycling bins must be left outside on your scheduled service day no later than 7am and must remain on the street until 7pm;
    2. All trash or garbage in trash bins must be in a bag that is tied or sealed;
    3. Animal feces must be in a tied or sealed bag before being placed in your trash bin;
    4. Only those items permitted by local ordinance shall be placed in the recycling bin;
    5. No chemicals, paint, glue or other adhesives, or hazardous waste of any kind shall be placed in any bin;
    6. Yard waste should be disposed of according to local ordinance; and
    7. You will treat all Bin Biz employees and representatives in a courteous and respectful manner.

If Bin Biz determines, in its reasonable discretion, that you have failed to comply with any of the preceding requirements, Bin Biz may immediately suspend or terminate its provision of Services to you; provided, however, that any such suspension or termination will not relieve you of any payment obligations accrued prior to the date of such suspension or termination (including, without limitation, any fees due for the service date on which the failure to comply was noted).

  1. Unemptied Bins. Bin Biz uses commercially reasonable efforts to schedule its performance of Services around your local bin pick-up times, as indicated by you in your Service Request (“Pick-up Times”), in order to ensure all bins are empty when Services are performed. Bin Biz is not responsible, however, for any failure of your local pick-up services to pick-up and empty bins within the Pick-up Times. In the event that, at the time Bin Biz arrives to perform the Services, your bins have not yet been emptied, Bin Biz may, at its option (i) manually empty and refill your bins and perform the Services, and assess to you an additional service fee in an amount up to $20.00, or (ii) cancel the Services and assess to you a cancellation fee at Bin Biz’ then-current rate. You agree to pay any fee assessed to you under this Section with respect to unemptied bins.
  1. Service Fees.
  1. Fees. In consideration of Bin Biz’ performance of the Services, you agree to pay to Bin Biz all fees, charges, and other amounts associated with any accepted Service Request, as set forth in these Terms and on the Site (the “Fees”). Bin Biz may modify Fees hereunder from time to time in its discretion; provided, however, that any such Fee changes will only be effective with respect to service dates occurring on or after the date of update. Where you have provided us with a current valid credit card or other payment method acceptable to Bin Biz (a “Payment Method”), and except where you and Bin Biz have otherwise agreed in writing, we will bill your Payment Method upon completion of each Service visit. Where you have not provided a Payment Method, Bin Biz will email you an invoice setting forth Fees owed, and you agree to pay such invoice within 15 days of receipt (or within such other time as you and Bin Biz may agree to in writing). ALL FEES AND OTHER CHARGES CHARGED HEREUNDER ARE NON-REFUNDABLE, AND BIN BIZ DOES NOT PROVIDE REFUNDS OR CREDITS WITH RESPECT TO THE SERVICES, INCLUDING FOR ANY PARTIALLY-USED SERVICE PLANS.
  2. Other Charges. You expressly agree that Fees due hereunder may include additional charges and service fees, including, without limitation, any cancellation fees, unemptied bin fees, or late fees assessed under Sections 2, 4, or 5.c, respectively. Additionally, you understand and acknowledge that, where you submit a Service Request with respect to a service plan that is subject to a minimum commitment, you will be charged for all Fees associated with the service visits covered by such minimum commitment, regardless of whether you cancel or elect not to receive the Services. You agree to pay, or if applicable, you hereby authorize Bin Biz to charge your Payment Method for, all Fees due hereunder, including for any additional fees and charges assessed or applicable to you under this Section.
  3. Late Payments. Any Fees not paid when due will accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum amount permitted by law, whichever is lower. All Fees and other amounts hereunder shall be payable in $USD.
  4. Taxes. All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”).  You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Bin Biz’ net income.
  1. Electronic Communications. By accepting the Terms: (i) you consent and agree that Bin Biz may communicate with you by phone or electronically via texts, e-mails, or any other suitable form of electronic communication (“Messages”); (ii) you consent to receiving Messages from Bin Biz relating to the Services, including, without limitation, with respect to appointments, quality of service, and availability, as well as Messages that are ancillary to the Services, including, without limitation, relating to new product announcements, product recommendations, and other promotions; (iii) you agree that Bin Biz can contact you at any time regarding the Services; (iv) you agree that Bin Biz can employ and use automated means and/or third-party messaging services to send Messages or contact you regarding the Services; and (v) you understand that you can revoke your consent to receiving promotional Messages by following the opt-out instructions contained in the Message or by emailing us at binbizutah@gmail.com, as more specifically discussed in our Privacy Policy.
  1. Privacy Policy. You acknowledge and agree that all personal information collected by Bin Biz is subject to our Privacy Policy. By accessing or using the Site or our Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
  1. Disclaimer of Warranties. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BIN BIZ HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BIN BIZ SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BIN BIZ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THE SERVICES, OR THE RESULTS THAT YOU MAY OBTAIN BY USING THE SAME. BIN BIZ MAKES NO WARRANTY OF ANY KIND THAT THE SITE, THE SERVICES, OR ANY RESULTS FROM THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, BE AVAILABLE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, OR BE SECURE, ACCURATE, ERROR-FREE, THAT ANY DEFECT WILL BE CORRECTED, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AS BETWEEN YOU AND BIN BIZ, YOU ARE SOLELY RESPONSIBLE FOR ASSESSING THE SUITABILITY OF THE SERVICES, AND YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF AND RELIANCE ON THE SERVICES.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND ACKNOWLEDGE THAT, WHERE YOU REQUEST SERVICES THAT INVOLVE POWER WASHING OR SIMILAR SERVICES, YOU ARE SOLELY AND COMPLETELY RESPONSIBLE FOR ENSURING THAT USE OF THE SERVICES IS APPROPRIATE FOR THE BINS, EQUIPMENT, OR OTHER MATERIALS WITH RESPECT TO WHICH THE SERVICES ARE BEING REQUESTED. BIN BIZ SHALL HAVE NO LIABILITY OR OBLIGATION TO YOU WITH RESPECT TO ANY LOSS OR DAMAGE OCCURRING AS A RESULT OF ANY POWER WASHING OR SIMILAR SERVICE REQUESTED BY YOU.

  1. Limitation of Liability. IN NO EVENT WILL BIN BIZ BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES BASED ON LOST PROFITS, BUSINESS, OR DATA, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, UNDER OR IN RELATION TO THESE TERMS OR IN CONNECTION WITH THE PERFORMANCE OF SERVICES HEREUNDER, EVEN IF BIN BIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL BIN BIZ’ CUMULATIVE LIABILITY UNDER OR IN RELATION TO THESE TERMS EXCEED THE SUM OF ALL FEES PAID BY YOU TO BIN BIZ WITH RESPECT TO THE SERVICES IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  1. Modification of these Terms. Bin Biz reserves the right to modify or change these Terms, as well as any Fees or other amounts charged hereunder, at any time and in its sole discretion. Any modifications or changes will be effective immediately upon posting at the Site, unless otherwise specified in the updated Terms. Your continued use of the Services in any manner confirms your acceptance of these Terms and any changes or modifications made hereto. You should review these Terms and the Privacy Policy frequently and ensure you understand all terms, conditions, and policies applicable to your access to and use of the Services hereunder.
  1. Miscellaneous.
    1. Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder without Bin Biz’ prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. This Agreement is freely assignable by Bin Biz. The Agreement shall be binding on the parties and their permitted successors and assigns. Except as otherwise set forth herein, a person who is not a party to these Terms has no right to benefit under or to enforce any part of these Terms.
    2. Governing Law; Dispute Resolution. If there is any dispute about or involving these Terms or the Services, you agree that the dispute shall be governed by the laws of the State of Utah, without regard to conflict of law provisions. Any dispute arising from or relating to the subject matter of the Terms or the Services shall be finally settled by arbitration in Salt Lake County, Utah, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS“) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Bin Biz shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state and federal courts sitting in Salt Lake County, Utah.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    3. Class Action and Jury Waiver. YOU AND BIN BIZ EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN YOU AND BIN BIZ THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SET FORTH ABOVE WILL BE VOID AS TO YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
    4. Force Majeure. We will not be liable for any delay or failure in the performance of our obligations under these Terms if the delay or failure is due to any cause outside of our reasonable control.
    5. Severability and Waiver. If any part or provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of these Terms will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we waive any breach of these Terms, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
    6. Entire Agreement. These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and Bin Biz with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. The provisions of the following Sections of these Terms will survive any termination of this Agreement: Sections 5 through 11.