BinCaddy Terms & Conditions of Service
This is an agreement between you and BinCaddy LLC (and its affiliates, “BinCaddy” or “we”). Before using BinCaddy, please read these BinCaddy Terms and Conditions of Service, the BinCaddy Privacy Notice, the BinCaddy Recurring Payment Terms and Conditions, and the other applicable rules, policies, and terms posted on the BinCaddy website or available through your BinCaddy app (collectively, this “Agreement”). By using BinCaddy, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use BinCaddy.

You agree to have contracted with BinCaddy LLC to perform the service of taking out and returning your waste and recycling bins at the address specified. You have agreed to either a Monthly/Biannually/Annually Service Contract and you agree to pay BinCaddy in advance of the services to be provided for your respective Service Contract.

For the purposes of these BinCaddy Terms and Conditions of Service:
“BinCaddy” means BinCaddy LLC, including all other related services provided by parent company BinCaddy LLC.
“Software” means all software (including any updates or new versions), and any related documentation, that we make available to you for use in connection with BinCaddy.
“Caddies” means persons employed or contracted by BinCaddy LLC to provide BinCaddy’s Can-to-curb and or cleaning services.

Home Access. By submitting your service subscription request online, you are authorizing BinCaddy and its Caddies to access your property (or other location) that you designate for the purpose of taking out and returning your waste and recycling bins. By subscribing to our service, you are confirming that you have the right to authorize BinCaddy and its Caddies to access the designated property. It is your responsibility to ensure that BinCaddy or its Caddies have full access to your waste and recycling bins on the scheduled service dates. Should BinCaddy or its Caddies arrive and be unable to provide service due to lack of access, you shall not be entitled to a credit or refund.

Service. BinCaddy or its Caddies will take out your waste and/or recycling bins on your designated trash day. After your waste and/or recycling items have been picked up, BinCaddy will return your bins to the original storage location. You agree that for your respective Club plan’s cost BinCaddy will take out and return up to 3 waste bins per week for up to the duration of your respective Club Plan. 

Bin Access. You must ensure BinCaddy or its Caddies have access to your waste and recycling bin on the scheduled service day, including: gate entry codes, lock combinations, security guard verification, and pets relocated from storage areas. If BinCaddy or its Caddies are unable to access your waste or recycling bins for any reason, services will not be performed that week and you shall not be entitled to a credit or refund. BinCaddy reserves the right to decline its service for any reason.

Pricing. You agree to pay BinCaddy the currently listed Club Plan service fee at time of purchase plus applicable sales taxes. As of June 1, 2024, the 3 Club Plan  service fee s are as follows: Annual Club – $156.00/Biannual Club – $91.00/Monthly Club – $16.00 plus applicable sales taxes. BinCaddy reserves the right to increase or decrease the monthly service fee at any time and at its sole discretion.

Change in Price. Although BinCaddy makes every effort to remain as competitive as possible and offer the most reasonable prices, some cost increases to the service provided may be beyond our control. In the event that BinCaddy changes the monthly service fee, BinCaddy agree to provide its subscribers  a 60 day written notice of any changes prior to changes goin into effect. As always you have the option to cancel at any time if you do not agree with the change in price. If you choose not to cancel, you will be billed and charged the new subscription fee upon qualifying date.

Billing. Service is billed at the beginning of each subscription cycle and is billed on a recurring basis to ensure uninterrupted service. Unless a specific request is made to cancel the service, billing will continue on a recurring at predetermined intervals.

Applicable Sales Tax. All applicable local, State, and/or Federal taxes will be added to the current recurring monthly service fee upon check out.

Payment Terms. By accepting these terms and conditions you are electing to enroll in a BinCaddy Club Plan and agree to BinCaddy’s Recurring Payment Terms and Conditions. You hereby authorize BinCaddy to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected. Your selected BinCaddy Club Plan will automatically renew at the end of each period selected in your Payment Plan (either monthly, every 6 months, or every 12 months). BinCaddy will automatically charge the full amount of Payment to your Payment Method each time your Club Plan renews, unless you cancel according to these terms and conditions.

Cancellation. Service may be canceled at will by either party with 1 month advance notice except in circumstances where special conditions as granted and approved by management. Cancellation must be done online at https://mybincaddy.com/membership-account/ or in writing via email addressed to info@mybincaddy.com. Service is billed at full price and no partial credit or refund will be made. 

Pets. The homeowner/resident is responsible to contain and restrain their pets.

Vehicles. BinCaddy will make every effort to place your waste bin and recycling with great care to a curbside location for city pick-up. In the event that your vehicle or any other vehicles hit or knock over your waste or recycling, BinCaddy will not be held responsible in any way for any damage to the vehicle or bins.

Safety Issues. The homeowner/resident is responsible to maintain code compliance with the city on issues such as fencing and gates, backwash/waste lines, and all other applicable safety issues.

Customer Satisfaction. Our goal is your complete satisfaction. In the event that a job is not satisfactorily completed, it is the customer’s responsibility to notify BinCaddy within 7 days, (preferably sooner), so that we can look into the matter and resolve it quickly to your satisfaction.

Changes to BinCaddy. We may change, suspend, limit, or discontinue BinCaddy, or any part of it, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the BinCaddy website. Your continued use of BinCaddy after the effective date of the revised Agreement constitutes your acceptance of the terms.

Contact Information. For help with BinCaddy or resolving other issues, please contact Customer Service at info@mybincaddy.com

Short-Term Rental Liability Clause for HOA Fines. If the property signed up for service is designated for short-term rental use by the owner and not a primary residence, BinCaddy shall not be held liable for any notices, fines, or penalties issued by the Homeowner Association (HOA) related to the improper use, placement, or management of trash bins. The Customer assumes full responsibility for adhering to all HOA rules and regulations regarding trash bins and agrees to indemnify and hold BinCaddy harmless from any resulting consequences.

Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or BinCaddy is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the BinCaddy Conditions of Use. By using BinCaddy, you agree to be bound by those terms.

Disclaimer. Under the terms of this agreement, BinCaddy will not be held responsible for any damage to your waste or recycling bins. Furthermore, BinCaddy shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. BinCaddy will not be held responsible for any damage caused to vehicles that may back up or hit your waste or recycling bins in any way.

Recurring Payments Terms & Conditions
By accepting these terms and conditions through your election to enroll in the Club Plan selected by you, you hereby authorize BinCaddy to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Club Plan you have selected.
Your BinCaddy services will automatically renew at the end of each period selected in your Club Plan (either monthly, every 6 months, or every 12 months). BinCaddy will automatically charge the full amount of Payment to your Payment Method each time your bin service renews, unless you cancel according to the terms and conditions stated below.

Payments, Payment Account and Payment Method. You agree that the Payment Method specified by you for automatic Payments to BinCaddy is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card or other mode of payment, as applicable, to make your Payments. The automatic charge to your Payment Method will occur on the Billing Date of the month(s) of payment according to your Payment Plan. In addition, BinCaddy may subscribe to an account updater service, which may be supported by your Payment Method issuer, such as your credit card provider or bank. If your Payment Account number or Payment Account expiration date changes, you understand and agree that your Payment Method issuer may notify BinCaddy of such changes in order for BinCaddy to update your Payment Account information on file and charge automatic Payments to your new Payment Account information.

Automatic Renewal. Your bin service will continue for the length of the initial term you selected for your Payment Plan and at the end of your Payment Plan term, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal, or your BinCaddy bin service is canceled, terminated, or discontinued by you or by BinCaddy. Your Payment Method will automatically be charged at the rates in effect at the time of renewal.

Notification of Payments. With the exception of a confirmation email sent to you from BinCaddy confirming your selected Payment Plan, you may not receive any receipt of payment emails to your Email Account notifying you that a Payment has been made under the Payment Plan. Such confirmation email may be your only notification from BinCaddy regarding your Payments under the Payment Plan. You understand and agree that BinCaddy may not provide you with advance notification before a Payment is charged to your Payment Method.

Current Information. It is your responsibility to make sure that your Payment Method information and Email Account information are current at all times during the term of the Payment Plan.

Payment Method Declined. If any Payment charged to your Payment Method is declined, you authorize BinCaddy to make additional attempts each day for up to twenty (15) consecutive days thereafter to successfully charge your Payment Method, if possible under such Payment Method. If BinCaddy is unable to successfully charge your Payment Method after such time and you have a recurring Payment Plan, you authorize BinCaddy to reattempt Payment Method authorization as stated herein for two (2) additional consecutive months.

Cancellation. Cancellation of your BinCaddy Club Plan shall be effective at the time of cancellation. Cancellation of your BinCaddy bin service must be made on a Business Day and more than 1 month before the Billing Date, except in the case of special volume pricing, or your Payment Method will be charged for the then due Payment. Special volume pricing requires a minimum of 3 months advance notice of cancellation. If you cancel your enrollment for recurring Payments on a monthly Payment Plan, and you wish to remain a part of the BinCaddy service, you will be responsible for taking the appropriate action to pay the appropriate bin service fees for the next month on or before the end of each month. Cancellation fees may apply if you cancel your BinCaddy bin service prior to the end of any minimum commitment period. BinCaddy reserves the right to waive any cancellation fee, in whole or in part, at its discretion. BinCaddy’s failure to enforce a cancellation fee or any other provisions of these Terms and Conditions shall not be construed as a waiver of the right to assert any such terms on any future occasion.

Messaging Terms & Conditions
General
When you opt in to the service, we will send you a message to confirm your signup.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from BinCaddy for BinCaddy. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate. Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with BinCaddy. BinCaddy reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. BinCaddy also reserves the right to change the short code or phone number where messages are sent. Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages. Your consent to receive marketing messages is not a condition of purchase.

Carriers
Carriers are not liable for delayed or undelivered messages.

Cancellation
You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from BinCaddy again, just sign up as you did the first time and BinCaddy will start sending messages to you again.

Info
Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at info@mybincaddy.com.

Transfer of Number
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at info@mybincaddy. The duty to inform us based on the above events is a condition of using this service to receive messages.

Privacy
If you have any questions about your data or our privacy practices, please see our Terms and Conditions above.

Messaging Terms Changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

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