Customer Agreement
Customer Agreement
TERMS AND CONDITIONS APPLY TO HOUSEHOLD WASTE AND RECYCLING SERVICES (INCLUDING, BUT NOT LIMITED TO, ROLL-OFF, COMMERCIAL AND RESIDENTIAL AND ANOTHER SERVICE THAT MAY BE PROVIDED BY RAD CURBSIDE) AS MAY BE PROVIDED RAD CURBSIDE (“Company”) THIS IS A LEGALLY BINDING AGREEMENT.
1. Parties - This service agreement is made between RAD Curbside, Inc of Driggs, Idaho and Customer.
2. Provision of Service - Service provided by the Company is intended solely for the Customer associated with the registered account. Under no circumstances will sharing of the service provided by the Company be allowed at each individual location. Customer grants to Company the exclusive right to collect and dispose of and/or recycle all of Customer's Waste and Recycling Materials. Customer represents and warrants that the materials to be collected under this Agreement shall be only "Waste and Recycling Materials" as defined below. For purposes of this Agreement, "Waste and Recycling Materials" means all non-hazardous solid waste, organic waste and Recyclable Materials generated by Customer or at Customer's Service Address. Prohibited Materials include but are not limited to: Hazardous Waste or Household Hazardous Waste, such as industrial process wastes, asbestos-containing material, contaminated soils, demolition debris, paint or stain, white goods (refrigerators, air conditioners, dehumidifiers, etc.), toxic substances, waste tires, radioactive, flammable, explosive, corrosive, infectious, bio-hazardous, or any other material where disposal is regulated by federal, state or local laws or ordinances. Ownership of and liability for Prohibited Material shall remain with Customer at all times. The customer will be responsible for the proper disposal of all Prohibited Materials and if included in bins, customer accepts that there is a fee and fine for failure to comply. Ownership of Customer's Waste and Recycling Materials is transferred to Company upon Company's receipt or collection unless otherwise provided in this Agreement or applicable law.
2. Contract Term – Residential services are provided on a month-to-month basis. This service agreement will be effective upon submission of signup. Either party may terminate the agreement thirty (30) days prior to the next service date via written notice to the other. Business services are provided on a 12-month term agreement subject to early cancelation fee of any outstanding setup costs plus any remaining service charges (not to exceed 6 months of service charges.)
3. Customer’s Responsibilities for Service Provision –
The customer is responsible for providing the Company with clear, safe, unobstructed access to the equipment for service of a minimum of 4-foot radius in all directions for each receptacle starting at 6am each day.
The Company is not obligated to perform return service if either of these service guidelines are not met. Unobstructed access shall include roadways or accesses that meet or exceed local jurisdiction code as well as Company specifications for enclosures as applicable. The customer’s failure to provide access may result in non-service, additional service fees or a return service fee which shall be paid by the Customer. Company reserves the right to not service if the operator feels there is a violation of policy by means of weight, material type, or material excess. If upon arrival, waste is scattered by domestic or wild animals, it is not the responsibility of Company collection operator to clean up materials. The Customer’s deposited materials must fit with lid closing within the receptacle the Customer selected for service. Customers shall be responsible for bagging waste in their receptacles to avoid littering. Customer also certifies that Customer property is able to support the weight of the receptacle, and the collection equipment used for providing service. Company shall not be held responsible for damage to the Customer ground surfaces as a result of providing service.
Recyclable Materials and Segregation of Recyclable Materials / Limitations. Customer shall segregate each type of recyclable material and place those separated materials in the bin designated for that particular type of recyclable material in advance of setting out the bins used by the Customer for pickup by collection operator. Customer is encouraged to contact Company for instructions on segregating Customers materials if Customer is unsure of which bin to use for that material.
All recyclable materials set out by the Customer must be contained within the two (2) bins provided with lids completely affixed. Cardboard should be completely flattened and placed under or between the bins. Any materials of unusual size, weight or volume, or material of unknown type, may be set out by the Customer for pickup by collection operator only upon prior contact with Company and upon the Company’s agreement to pick up such material.
In the event Customer needs to contact Company to report an interruption in service or with any comments or complaints regarding the service provided Customer shall contact Company in person at 455 S. Main St Driggs, ID 83422, via telephone at 208.220.7721 or by email at info@radcurbside.com.
4. Duties of Company Collection - Pickup of Solid Waste & Recyclable Materials. In consideration of fees paid by the Customer, the Company agrees to collect designated solid waste and recyclable materials as defined as not in violation of policy or State & Federal regulation. Pickup should occur where Customer’s property abuts the street at Customer’s address or as designated by Company between the hours of 6:00 am and 5:30 pm on day of service dependent on the location and frequency chosen by Customer during the term of this agreement.
Recyclable Materials Defined. Collection operator shall pickup from Customer aluminum cans, aluminum foil, steel/tin cans, glass bottles and jars, #1 & #2 plastics bottles, #2 & #4 bags, mixed paper (office-pak), newspaper, plastic bags, corrugated cardboard and phone books in accordance with the most recently provided Company list and according to guidelines described. Materials are subject to change via Company notification. Collection operator reserves the right to reject any such materials of violation of guidelines, unusual size or weight or volume or, if in the opinion of the Collection operator, any materials set out by customer that may contain unacceptable or hazardous waste.
5. Service Changes - Customer and Company may agree to changes relating to service levels (schedule, quantity, frequency), type of equipment, types of services, and rates related to these changes through payment of invoice, in writing, or orally. These changes do not change any other terms of service, which will remain in effect for the duration of the contract.
6. Customer Requested Service Change(s) - Service frequency change requests may take up to thirty (30) days to initiate the requested change. Temporary service holds due to vacation, etc. must be requested seven (7) days prior to date of next service.
7. Invoices; Payments; Credits - Customer shall pay any and all payments due to the Company for services and/or equipment provided to Customer. Company reserves the right to increase the Payments payable by Customer during the Term including, but not limited to: (a) changes in service (b) changes in container size (c) to cover any increases in disposal costs (d) to cover increased costs due to uncontrollable circumstances, including but not limited to: changes in taxes, operating expenses, fees, fines, fuel cost, and federal, state, or local laws or regulations. All service-based increases are subject to approval of the jurisdiction holding the exclusive franchise agreement prior to effective date. All parties agree that this Agreement as so adjusted will continue in full force and effect. The Company reserves the right to charge for any and all services in advance of service or equipment delivery, specifically, but not limited to new customers or new locations. Customer invoice balances not paid within thirty (30) days of the date of invoice will be subject to a late fee. Fees and timelines are subject to change at the discretion of the Company. Customer checks that are returned for insufficient funds will be subject to an Insufficient Funds fee. Company retains the right to suspend service to the Customer on balances past due over thirty (30) days until balance is paid in full. If service is suspended for a period longer than 30 days the Company may terminate this Agreement and recover amount owed, any equipment used for service, and any remaining payments due the Company under the agreement.
Additional Fees / Bin Charges. Charges for pickup of any materials not suitable for the bins provided by the Company or requiring special handling by collection operator will be invoiced after the service is completed.
8. Equipment & Receptacles - All equipment, including but not limited to bins, roll carts, commercial dumpsters or construction/demolition dumpsters, provided to Customer by Company shall remain the property of the Company. Customer will be responsible for maintenance, custody and contents of the equipment while it is on the Customer’s property. The customer is liable for theft or damage to the container throughout the duration of this contract. Customer must not modify, alter, or overload containers. Customer shall return the equipment to Company in the condition in which it was provided when this Agreement terminates. Customer will not be held responsible for normal wear and tear on the container during the term of the Agreement.
9. Bear Conflict Zones – It is the sole responsibility of the Customer to comply with all federal, state, and local regulations regarding Bear Proof Containers. Customers in bear conflict zones are required to either (a) store all Waste Materials (garbage) in a bear proof container or (b) not place garbage out of a bear-secure space between 6pm and 8am. Garbage is defined to include any Waste Material that could reasonably attract wildlife including but not limited to: food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings, and grease. Garbage does not include other Waste Material such as, but not limited to non-edible yard maintenance waste, household items, recyclables cleaned of food particles, cardboard. Reviewing County & City regulations and guidelines is the responsibility of the Customer.
10. Termination of Service - Upon the termination of this agreement the Customer shall pay all charges for outstanding invoices due at the time of cancellation or termination. The Customer shall promptly make available to the Company all bins provided to the Customer after either party has terminated service for purposes of this agreement. Upon receiving equipment and receptacles back in satisfactory condition, the Company shall refund to the Customer any payments received from the Customer for services not provided at the time of termination. If equipment or receptacles are not return, components missing or in unsatisfactory condition per the sole discretion of the Company, any fees, expenses or replacement costs for said Company property may be deducted from any credit balance or additional fees may be charged to the Customer.
10. Indemnity - The Company agrees to indemnify, defend and save the Customer, its parent, subsidiaries, and corporate affiliates, harmless from and against any and all liability which Customer may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by any negligent act or omission or willful misconduct of the Company or its employees, which occurs (a) during the collection or transportation of Customer's Waste and Recycling Materials, or (b) as a result of the disposal of Customer's Waste and Recycling Materials, provided that the Company's indemnification obligations will not apply to occurrences involving Excluded Materials.
Customer agrees to indemnify, defend and save the Company, its parent, subsidiaries, corporate affiliates and their joint venture partners, harmless from and against any and all liability which the Company may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer's breach of this Agreement or by any negligent act or omission or willful misconduct of the Customer or its employees, agents or contractors or Customer's use, operation or possession of any equipment furnished by the Company.
Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance or breach of this Agreement.
11. Acts of God - Except for the obligation to make payments, neither party shall be in violation of the Agreement for a failure to perform or delay in performance caused by events outside of reasonable control. This includes but is not limited to: weather, fires, acts of god, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, acts of God, and the inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events.
12. Applicable Law - The parties’ rights under this agreement, and the relationship between the parties is governed by, and will be interpreted in accordance with, the laws of the State of Idaho. Rad Curbside, Inc. Managing MembersThere shall be no other representations of this contract, and its sole use is intended for RAD Curbside, Inc. exclusively.