This is an important document which you must consider carefully when choosing whether to use Affordable Trash Services. This Customer Agreement (the "Agreement") is a contract between you and Affordable Trash Services, as defined in section 1h below, and applies to your use of Affordable Trash Service’s services. You must read, agree with and accept all terms and conditions contained in this Agreement before using Affordable Trash Services. This Agreement contains various sections. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions that are set out in Section 1. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. Changes have been highlighted for your convenience. We may close, suspend, or limit your access to Affordable Trash Services if you violate this Agreement.
1. Definitions
a. "ACH" means the Automated Clearing House network. b. "Account" means the customer’s contact and payment information on file with Affordable Trash Services. c. "Auto-Pay Payment" means a payment in which you authorize Affordable Trash Services, either directly or through your hauler, to directly charge your credit card, debit card, or bank account each billing cycle for the services provided by the hauler. d. "Business Days" means Monday through Friday, excluding federal bank holidays. If one of these holidays falls on a Saturday, Affordable Trash Services shall observe the holiday on the prior Friday. If the holiday falls on a Sunday, Affordable Trash Services shall observe the holiday on the following Monday. e. "Chargeback" means a request that a customer files directly with his or her credit card company or bank or debit-card-issuing bank to invalidate a payment. f. "Restricted Activities" means those activities described in section 5 of this Agreement. g. "Service" means all trash hauling and removal, accepting payment and handling of funds through our website, and any other services Affordable Trash Services chooses to offer. h. "Affordable Trash Services" refers to Affordable Logistic Solutions, LLC doing business as Affordable Trash Services; its owner, officers, directors, employees, agents, shareholders, affiliates, or subsidiaries. i. "You" refers to the individual customer for each account with Affordable Trash Services entering into this agreement.
2. Our Relationship With You
a. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Affordable Trash Service’s prior written consent. Affordable Trash Services reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. b. Notices to You. You agree that Affordable Trash Services may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, sending by text message (SMS), or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you 3 Business Days after it is sent. c. Notices to Affordable Trash Services. Notice to Affordable Trash Services must be sent by postal mail to: Affordable Trash Services, 12273 County Road 1560, Ada OK 74820. d. Service Scope. Affordable Trash Services will collect and haul away trash and waste materials from your specified location on the agreed-upon schedule. You are to ensure that the trash and waste materials are properly contained in suitable containers and placed at the designated pickup location. Affordable Trash Services reserves the right to refuse to haul away any materials that do not comply with local regulations, pose a safety hazard, or are considered hazardous waste. Affordable Trash Services also reserves the right to refuse to haul away any material or items as it deems necessary to exclude from Affordable Trash Services services at any time. e. Service Schedule: Affordable Trash Services will provide the trash hauling services on a schedule as posted by Affordable Trash Services. Affordable Trash Services may adjust the schedule based on Affordable Trash Service’s sole discretion. Affordable Trash Services will make reasonable efforts to notify You of any changes to the service schedule in advance. f. Fees and Payment. You agree to pay the fees for the trash hauling services as specified by Affordable Trash Services. Payment is due on the agreed-upon schedule, which may be monthly, quarterly, or annually, unless otherwise specified in writing by Affordable Trash Services. Late payments may be subject to additional fees or interest charges. Affordable Trash Services reserves the right to suspend or terminate services for non-payment. g. Length of Contract: You agree these terms and services shall last for one year (12 months) term from the date this agreement is entered into by you. The agreement shall auto renew for the current prices a full year unless terminated in writing by you prior to 30 days from the end of the one-year period. h. Cancellation or Suspension. You may terminate services provided by Affordable Trash Services at the end of each term as described above in 2g by giving notification in writing to Affordable Trash Services before 30 days to the end of the contract term. However, customer may cancel this contract in the first 90 days of service, for any reason. Affordable Trash Services may terminate or suspend services at any time for any reason. i. Container: You agree that a trash container will be furnished to you by Affordable Trash Services. The container is the property of Affordable Trash Services. You are responsible for the container and are solely responsible for any damage or cleaning if Affordable Trash Services determines the container must be repaired, replaced or cleaned. j. Your Responsibilities: You agree to provide accurate and complete information to Affordable Trash Services, including the location of the trash and waste materials to be hauled away, and to ensure that the materials are properly contained and placed at the designated pickup location. You are responsible for compliance with all local laws and regulations related to the disposal of trash and waste materials.
3. Eligibility and Identity.
a. Eligibility. To be eligible to use our Services, you must be at least 18 years old with a valid credit or debit card or a valid U.S. bank account. b. Identity Authentication. You authorize Affordable Trash Services, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources. Any of this information may be used for fraud prevention or the prevention of illegal use of Affordable Trash Services.
4. Making a Payment
a. Payment Limits. We may, at our discretion, impose limits on the amount of money you can send through our Service. b. Bank Transfers. When you choose to make a payment using direct draft (from a bank account), you are requesting an electronic transfer from your bank account. For these transactions, Affordable Trash Services will make electronic transfers via ACH from your bank account in the amount you specify. You agree that such requests constitute your 4 authorization to Affordable Trash Services to make the transfers. Once you have provided your authorization for the transfer, you will not be able cancel the electronic transfer. c. Credit and Debit Card Information. If your credit or debit card expiration date changes, you must update the expiration date. d. Returned Payments. If any payment made by you to Affordable Trash Services is returned for insufficient funds or incorrect information, made through a closed account, or for any other reason, your hauler may, at its discretion, charge a fee for that occurrence. Affordable Trash Services will NOT automatically resubmit any requests for an electronic transfer if the original request was returned for insufficient or uncollected funds.
5. Your Liability - Actions We May Take
a. Your Liability. You are responsible for all reversals, Chargebacks, claims, fees, fines, penalties and other liability incurred by Affordable Trash Services, any Affordable Trash Services customer, or a third party caused by or arising out of your breach of these Terms and/or your use of the Services. You agree to reimburse Affordable Trash Services, any customers, or a third party for any and all such liability. b. Actions by Affordable Trash Services. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Affordable Trash Services, any customer, a third party, or you from reversals, Chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following: i. We may close, suspend, or limit your access to the Services; ii. We may contact your bank or credit card issuer, and/or warn other customers, law enforcement, or impacted third parties of your actions; 6 iii. We may update inaccurate information you provided us; iv. We may refuse to provide our Services to you in the future; v. We may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and vi. We may take legal action against you. Affordable Trash Services, in its sole discretion, reserves the right to terminate this Agreement with you, access to its website, or access to the Service for any reason and at any time upon notice to you. c. Account Closure, Termination of Service, or Limited Account Access. If we close your Account or terminate your use of our Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate. d. Restricted Activities Policy Violation - Customer Fines. If you engage in any Restricted Activity (set out in section 5), then we may fine you up to $2,500.00 USD for each such violation and/or take legal action against you to recover additional losses we incur. You acknowledge and agree that a fine of up to $2,500.00 USD is presently a reasonable minimum estimate of Affordable Trash Service’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Affordable Trash Services that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
6. Disputes with Affordable Trash Services.
a. Contact Affordable Trash Services First. If a dispute arises between you and Affordable Trash Services, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. b. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 7 c. Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in section 8b above, you agree that any claim or dispute you may have against Affordable Trash Services must be resolved by a court located in Pontotoc County, Oklahoma. You agree to submit to the personal jurisdiction of the courts located within Pontotoc County, Oklahoma, for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Oklahoma, without regard to conflict of law provisions. d. Improperly Filed Litigation. All claims you bring against Affordable Trash Services must be resolved in accordance with this section of this Agreement. All claims filed or brought contrary to this section shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this section, Affordable Trash Services may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Affordable Trash Services has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. e. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. f. Liability and Indemnity: Provider shall not be liable for any damage or loss to Customer's property or any third-party property arising out of or in connection with the trash hauling services, except for damages caused by Provider's gross negligence or willful misconduct. Customer agrees to indemnify and hold Provider harmless from any claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising out of or in connection with Customer's use of the trash hauling services. g. Limitations of Liability. In no event shall Provider's total liability to Customer for any claim arising out of or in connection with the trash hauling services exceed the total fees paid by Customer to Provider for the services during the six (6) months preceding the claim. h. Force Majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms and Conditions due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, strikes, lockouts, or other labor disputes, riots, acts of war, terrorism, or governmental actions. i. Complete Agreement. This Agreement sets forth the entire understanding between you and Affordable Trash Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
