These terms and conditions for services (these “Terms”) are the only terms that govern the provisions of services by Badger Bins, LLC (“Badger Bins LLC,” “we,” “us,” or “our”) to you (“you,” “your,” or “customer”), as an authorized user of the Services. By using the Services, you agree to be bound by the terms of this Agreement.
These Terms, together with any operating rules, policies, price schedules, or other supplemental documents incorporated herein by reference and published from time to time by us on our website (collectively, this “Agreement”) comprise the entire agreement between Badger Bins LLC and you regarding the Services, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
These Terms prevail over any of customer’s general terms and conditions regardless of whether or when customer has submitted its request for proposal, order, or such terms. Provision of services to customer does not constitute acceptance of any of customer’s terms and conditions and does not serve to modify or amend these Terms.
Badger Bins LLC offers curbside residential trash and recycle bin cleaning, commercial dumpster cleaning and pressure washing services. Services, subscription, and payment options are listed on our website under “Services” at www.badgerbinspw.com. We will provide the Services to you as described in your order (the “Services”) in accordance with these Terms.
We will use reasonable efforts to meet the performance dates specified in this Agreement, but any such dates shall be estimates only.
Weather & Scheduling.
We will perform bin cleaning services on the day of your scheduled garbage and recycling collection OR the following day by 1:00 p.m.
You may indicate preferred servicing days in your customer notes during check out in your customer portal, by emailing info@BadgerBinspw.com, or calling/texting (920) 883-0336. We will make commercially reasonable efforts to comply with your requests, but requests are not guaranteed.
Trash bin cleanings are provided nine months out of the year, from March to November. Additional trash bins cleanings during December, January and February are available if weather permits, upon request.
To maintain the integrity of our equipment, we do not operate when the temperature drops below 32°F, or if, in our discretion, weather conditions are not suitable to operate our equipment.
If the weather forecast indicates a temperature below 32°F, 24 hours prior to your scheduled service, your service will automatically be rescheduled within two weeks, or you will be issued a refund for the missed service.
We reserve the right to reschedule or cancel appointments. We will use commercially reasonable efforts to reschedule missed service stops in a timely manner.
You agree to cooperate with us in all matters relating to the Services and provide such access to your premises as we may reasonably request for the purposes of performing the Services. You agree to respond promptly to our requests to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for us to perform Services in accordance with the requirements of this Agreement.
For us to perform the Services, you must abide by the following conditions or Services may be interrupted, postponed, or discontinuation:
Trash bins must be curb side and easily accessible to our personnel on scheduled service days. If your trash bins are not curb side or easily accessible when we arrive to perform the Services, we will skip your address and notify you by a door hanger, note and/or email to reschedule the Services. If you have not rescheduled within seven days of the missed service, you will no longer have the option to rescheduled and you will NOT be issued a refund or credit for that missed service.
Trash bins must be completely empty.
Trash bins must be free of motor oils, chemicals, paint, glue or other adhesives, animal waste, or any other hazardous waste.
It is your responsibility to maintain your trash bins in good condition and repair. Only items permitted by local ordinance should be placed in trash bins. We will not service cracked or damaged trash bins.
We reserve the right to refuse service if our trained service technician believes a trash bin does not meet the above standards or service cannot be provided safely or to our high standards. If our personal cannot perform service for reasons stated above, we will take pictures, document the issue preventing service, and/or notify you to resolve the issue.
You have seven days to resolve the issue and reschedule service. If you do not resolve the issue and reschedule the service within the 7-day period, we reserve the right to suspend your account and withhold future services until you resolve the issue without providing you a refund or credit.
Badger Bins LLC Responsibilities.
We will perform Services on the day of your scheduled garbage and recycling collection OR the following day by 1:00pm
Clean bins will be brought to you house after cleaning with driveway not ascending more than 200 feet.
If we fail to perform agreed upon Services on the scheduled day of service for a reason other than your failure to meet the above Customer Obligations or weather, we will, at our option, compensate you by (a) refunding the cost of the missed service, (b) crediting the of cost of the missed service to your account, or (c) rescheduling the service within seven days.
Badger Bins LLC does not service cracked or damaged trash bins.
Upon arrival, our trained service personnel inspect all trash bins before cleaning. If your bin is damaged, we will take pictures, document the damage, and notify you. You must obtain a replacement bin before the next service appointment is scheduled. You have seven days from the missed service to reschedule service.
Customer Acts or Omissions.
If performance of our obligations under this Agreement is prevented or delayed by your act or omission, we shall not be deemed in breach of our obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained by you, in each case, to the extent arising directly or indirectly from such prevention or delay.
Modifications to Terms of Agreement.
We reserve the right to modify this Agreement at any time by posting the revised agreement on www.badgerbinspw.com, mailing the revised agreement terms to your customer account mailing address, or emailing the revised agreement terms to the email address provided on your customer account.
We reserve the right to modify the Services at any time without notice to you. We will use commercially reasonable efforts to inform our customers of important announcements and changes through social media posts, or by contacting customers by mail, email, and/or phone.
Fees and Charges; Payment Terms; Interest on Late Payments.
In consideration of the provision of our Services and the rights granted to you under this Agreement, you agree to pay the fees and charges for the Services to which you subscribe.
We reserve the right to modify and update fees, charges, payment terms, and subscription plans for Services at any time. Existing customers will be notified of any changes to their billing by mail and/or email. Failure to terminate your account with Badger Bins LLC after being notified of such changes will be conclusive evidence of your acceptance of the modified fees and other changes.
Our obligation to provide the Services is contingent upon your prompt payment of all fees and charges.
You may opt to provide debit card or credit card account information (“Payment Method”), which Payment Method can be vaulted (saved) within our client hub wallet. 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 with your account if your primary Payment Method is declined or no longer available to us for payment of fees and charges.
If the issuer of your credit or debit card does not pay us for any reason, you agree to pay all amounts due us, including but not limited to all fees relating to the delinquent payment, upon our demand.
If you choose to decline a Payment Method, you can email us at email@example.com or call us at (920) 883-0336 to set up service and receive an invoice for Services to be provided through the mail. Invoices for advance Services must be paid in full before Services will be provided.
You are responsible for keeping your billing information and Payment Method up to date for each billing cycle. You may update your billing information and/or Payment Method by using your client portal or calling us at (920) 883-0336.
A late fee of $15 will be added to your account if it is more than ten days past due. You agree to pay the late fee.
If payment is not received within 30 days after becoming due, we may: (i) charge interest on any such unpaid amounts at a rate of 1.5% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and (ii) suspend performance of all Services until payment has been made in full. You agree to pay the interest charges.
We reserve the right to suspend your customer account or terminate Services without notice if your Payment Method rejects any charges or if your card issuer requests a return of any previously made payments made to us. The rights reserved in this section are in addition to any and all other legal rights or remedies available to us.
You are responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you under this Agreement.
Representation and Warranty.
A. We represent and warrant to you that we shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet our obligations under this Agreement.
B. We shall not be liable for a breach of the warranty set forth in Section A unless you give written notice of the defective Services, reasonably described, to us within seven days of the time when you discover or ought to have discovered that the Services were defective.
C. Subject to Section B, we will, in our sole discretion, either: (i) repair or re-perform such Services (or the defective part); or (ii) credit or refund the price of such Services at the pro rata contract rate.
D. THE REMEDIES SET FORTH IN SECTION C SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION A.
Disclaimer of Warranties.
EXCEPT FOR THE WARRANTY SET FORTH IN THE SECTION TITLED “REPRESENTATION AND WARRANTY” ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Limitation of Liability.
A. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
B. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US PURSUANT TO THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM].
In addition to any remedies that may be provided under this Agreement, we may terminate this Agreement with immediate effect upon written notice to you, if you: (a) fail to pay any amount when due under this Agreement; (b) have not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or (c) become insolvent, file a petition for bankruptcy or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
No waiver by us of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by an authorized member of Badger Bins LLC. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege under this Agreement precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
You shall not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of Badger Bins LLC. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
Relationship of the Parties.
The relationship between the parties is that of independent contractors. Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.
Submission to Jurisdiction.
Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Wisconsin in each case located in the City of Green Bay and County of Brown, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Governing Law, Submission to Jurisdiction, and Survival.