Terms of Agreement
Term 1. Customer grants to GotDirtyBins.com (GDB)the exclusive right of access to neighborhood for cleaning services of garbage and (if applicable) recycling bins for an initial term of one year from the Effective Service Date. Unless otherwise stated in the above section. In the event of yearly renewal terms, the initial term of this Agreement shall be automatically renewed on the anniversary of the Effective Service Date for successive one year terms (“renewal terms”) thereafter unless either party gives written notice of termination to the other at least sixty days prior to the expiration of the then current (whether initial or a renewal) term.
2. In the event Customer terminates this Agreement other than as provided above or GDB terminates this Agreement for customer’s non-payment, GDB does not offer refund of paid-for services if Customer terminates said services before the end of its agreed term.
Payments. Upfront and in full payments are due within 14 days of contract date. Payments are always before service is performed. Monthly installments are due 2 weeks before the scheduled service date for that neighborhood. Failure to pay puts services on hold until payments are received.
Cleaning, Sanitizing and Deodorizing- GDB services are limited to the function of our trucks and service
including the use of eco-friendly chemicals and high pressure hot water. No additional service will be performed
on customers trash cans (such as repairs or any other additional cosmetic service) or additional property.
Services are limited to the cleaning, sanitizing and deodorizing of trash bin by being sprayed with eco-friendly
chemicals and pressure washed with hot water by our state of the art trucks and wash system. We make every
effort to clean the entire trash bin but without guarantee that there won’t be a minute amount of residue left over
in tight crevices and/or spaces such as around wheels, edges, crevices, etc..In this case, monthly cleaning is encouraged as consistent and constant service will ensure a cleaner bin.
Harmful and Hazardous Materials Liability- GDB trucks and service does not use harmful or
hazardous materials. GDB does NOT intend or purpose or is designed to collect and/or dispose any
radioactive, volatile, highly flammable, explosive, toxic or hazardous material (collectively “Excluded Waste”)
from customers trash bins. GDB will not be held responsible or liable for any hazardous waste or harmful
materials collected or found as a result of what was, is or will be inside residents’ trash bins. The term
“hazardous material” shall include, but not limited to, any waste listed or characterized as hazardous by United
States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and
Recovery Act of 1976, as may be amended, and applicable by state law. GDB reserves the right to abstain
or refuse the service of or to any particular trash bin that does or is assumed to contain Excluded Waste. Title
to and liability for any and all Excluded Waste found, discovered or assumed to be Excluded Waste within
customers or residents trash bin shall NOT be at the liability of Got Dirty Bins but shall remain with the resident
of which that particular trash bin(s) is assigned to. Any Excluded Waste that was or may be collected by GDB
and it’s employee’s is unintentional and unbeknownst to them. GDB and all of its representatives will refrain
from the collection of any known Excluded Waste. Customer and residents expressly agrees to protect, defend,
indemnify and hold harmless GDB, including current or future officers, directors, shareholders, and affiliated
companies, from and against any and all damages, claims and costs, penalties, fines and liabilities
(including reasonable attorney fees and cost) related to, resulting from or arising out of the Excluded Waste.
Damage to Customer’s/Resident’s Property- GDB and its employees are not liable for any damages to bins.
Our services are non-destructive and therefore any damages to bins are not at the liability of GDB and are understood to be preexisting or by the doing of a separate party.
Delayed Performance- GDB shall not be liable for damages or delays in its performance caused by inclement
weather, strikes, riots, fires, acts of God, other HOA services and maintenance, city or state maintenance, or other events beyond the reasonable control of GDB.
HOA Representations- HOA that hires GDB represents its residents within the association and assumes
responsibilities of communication to all HOA members and residents of any possible needed information
and/or notices to said members and residents of services provided by GDB.
Assignment- This Agreement shall continue in full force and effect and be binding upon Customer’s successors,
assigns, including purchasers of Customer or its proper. Customer hereby expressly consents to the assignment
of this Agreement, in whole or in part by GDB.
Effective Service Date- The Effective Service Date may be modified (for Customer protection) to accommodate
any reason that GDB deems reasonable to work with and/or around. Examples include (but not limited to) delay
due to route scheduling, delay of payment due to reasonable circumstances such as holidays, delays from
banks and route scheduling.These reasons shall be subject to the approval of the approved representatives at GDB.
DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES,
GOT DIRTY BINS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR
GUARANTEES WHATSOEVER NOR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. GOT
DIRTY BINS SERVICES AND EQUIPMENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESSED OR IMPLIED.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY IN NO EVENT SHALL GOT DIRTY BINS BE
LIABLE FOR ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF
PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR OTHER LOSS ARISING IN CONNECTION WITH
SERVICES PERFORMED OR EQUIPMENT PROVIDED BY GOT DIRTY BINS IF INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
General. 1. This Agreement replaces any other prior agreements or understandings between the parties, whether
written or oral.
2. If any provision or term of this Agreement is held to be illegal, invalid or unenforceable, such provision shall
be fully severable and this Agreement shall be construed and enforced as if such provision had never been part
of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall
not be affected by such provision or by its severance from this Agreement. Furthermore, in lieu of each such
illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement another
provision as similar to such provision as may be possible and that is legal, valid and enforceable.
3. Both Got Dirty Bins and Customer hereby agree that in any action or proceeding, whether in contract, tort or
otherwise, to enforce or defend any rights under or relating to the Agreement, or any amendment, or arising
from any course of conduct, course of dealing, statement (verbal or written) actions of any of the parties to the
Agreement shall be tried before a court and not before a jury.
4. In the event any action or proceeding is brought to enforce this Agreement, the prevailing party will be entitled
to recover its reasonable attorney fees and costs of the litigation.
5. No provision in this Agreement including any amendment can be waived except by the written consent of AWC.
The forbearance by Got Dirty Bins in the enforcement of any term or condition of this Agreement shall not be
deemed a further or continuing waiver of such term or condition, or of any other term or condition, and GDB shall
be entitled to enforce at any time and from time to time, any remedy available to it under these terms and
conditions or by law or in equity despite such a forbearance.
6. Any notice or other communication must be in writing except where stated in Adjustments section, and will
be deemed to have duly been given when (i) delivered by hand (with written confirmation of receipt), or
(ii) when sent by certified mail to the appropriate addresses set forth in this Agreement (or to such other
addresses as a party may designate by written notice to the other party).
2. In the event Customer terminates this Agreement other than as provided above or GDB terminates this Agreement for customer’s non-payment, GDB does not offer refund of paid-for services if Customer terminates said services before the end of its agreed term.
Payments. Upfront and in full payments are due within 14 days of contract date. Payments are always before service is performed. Monthly installments are due 2 weeks before the scheduled service date for that neighborhood. Failure to pay puts services on hold until payments are received.
Cleaning, Sanitizing and Deodorizing- GDB services are limited to the function of our trucks and service
including the use of eco-friendly chemicals and high pressure hot water. No additional service will be performed
on customers trash cans (such as repairs or any other additional cosmetic service) or additional property.
Services are limited to the cleaning, sanitizing and deodorizing of trash bin by being sprayed with eco-friendly
chemicals and pressure washed with hot water by our state of the art trucks and wash system. We make every
effort to clean the entire trash bin but without guarantee that there won’t be a minute amount of residue left over
in tight crevices and/or spaces such as around wheels, edges, crevices, etc..In this case, monthly cleaning is encouraged as consistent and constant service will ensure a cleaner bin.
Harmful and Hazardous Materials Liability- GDB trucks and service does not use harmful or
hazardous materials. GDB does NOT intend or purpose or is designed to collect and/or dispose any
radioactive, volatile, highly flammable, explosive, toxic or hazardous material (collectively “Excluded Waste”)
from customers trash bins. GDB will not be held responsible or liable for any hazardous waste or harmful
materials collected or found as a result of what was, is or will be inside residents’ trash bins. The term
“hazardous material” shall include, but not limited to, any waste listed or characterized as hazardous by United
States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and
Recovery Act of 1976, as may be amended, and applicable by state law. GDB reserves the right to abstain
or refuse the service of or to any particular trash bin that does or is assumed to contain Excluded Waste. Title
to and liability for any and all Excluded Waste found, discovered or assumed to be Excluded Waste within
customers or residents trash bin shall NOT be at the liability of Got Dirty Bins but shall remain with the resident
of which that particular trash bin(s) is assigned to. Any Excluded Waste that was or may be collected by GDB
and it’s employee’s is unintentional and unbeknownst to them. GDB and all of its representatives will refrain
from the collection of any known Excluded Waste. Customer and residents expressly agrees to protect, defend,
indemnify and hold harmless GDB, including current or future officers, directors, shareholders, and affiliated
companies, from and against any and all damages, claims and costs, penalties, fines and liabilities
(including reasonable attorney fees and cost) related to, resulting from or arising out of the Excluded Waste.
Damage to Customer’s/Resident’s Property- GDB and its employees are not liable for any damages to bins.
Our services are non-destructive and therefore any damages to bins are not at the liability of GDB and are understood to be preexisting or by the doing of a separate party.
Delayed Performance- GDB shall not be liable for damages or delays in its performance caused by inclement
weather, strikes, riots, fires, acts of God, other HOA services and maintenance, city or state maintenance, or other events beyond the reasonable control of GDB.
HOA Representations- HOA that hires GDB represents its residents within the association and assumes
responsibilities of communication to all HOA members and residents of any possible needed information
and/or notices to said members and residents of services provided by GDB.
Assignment- This Agreement shall continue in full force and effect and be binding upon Customer’s successors,
assigns, including purchasers of Customer or its proper. Customer hereby expressly consents to the assignment
of this Agreement, in whole or in part by GDB.
Effective Service Date- The Effective Service Date may be modified (for Customer protection) to accommodate
any reason that GDB deems reasonable to work with and/or around. Examples include (but not limited to) delay
due to route scheduling, delay of payment due to reasonable circumstances such as holidays, delays from
banks and route scheduling.These reasons shall be subject to the approval of the approved representatives at GDB.
DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES,
GOT DIRTY BINS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR
GUARANTEES WHATSOEVER NOR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. GOT
DIRTY BINS SERVICES AND EQUIPMENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESSED OR IMPLIED.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY IN NO EVENT SHALL GOT DIRTY BINS BE
LIABLE FOR ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF
PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR OTHER LOSS ARISING IN CONNECTION WITH
SERVICES PERFORMED OR EQUIPMENT PROVIDED BY GOT DIRTY BINS IF INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
General. 1. This Agreement replaces any other prior agreements or understandings between the parties, whether
written or oral.
2. If any provision or term of this Agreement is held to be illegal, invalid or unenforceable, such provision shall
be fully severable and this Agreement shall be construed and enforced as if such provision had never been part
of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall
not be affected by such provision or by its severance from this Agreement. Furthermore, in lieu of each such
illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement another
provision as similar to such provision as may be possible and that is legal, valid and enforceable.
3. Both Got Dirty Bins and Customer hereby agree that in any action or proceeding, whether in contract, tort or
otherwise, to enforce or defend any rights under or relating to the Agreement, or any amendment, or arising
from any course of conduct, course of dealing, statement (verbal or written) actions of any of the parties to the
Agreement shall be tried before a court and not before a jury.
4. In the event any action or proceeding is brought to enforce this Agreement, the prevailing party will be entitled
to recover its reasonable attorney fees and costs of the litigation.
5. No provision in this Agreement including any amendment can be waived except by the written consent of AWC.
The forbearance by Got Dirty Bins in the enforcement of any term or condition of this Agreement shall not be
deemed a further or continuing waiver of such term or condition, or of any other term or condition, and GDB shall
be entitled to enforce at any time and from time to time, any remedy available to it under these terms and
conditions or by law or in equity despite such a forbearance.
6. Any notice or other communication must be in writing except where stated in Adjustments section, and will
be deemed to have duly been given when (i) delivered by hand (with written confirmation of receipt), or
(ii) when sent by certified mail to the appropriate addresses set forth in this Agreement (or to such other
addresses as a party may designate by written notice to the other party).
