Terms & Conditions
1. Introduction
Agreement Overview
This document constitutes an agreement between you (“User” or “you”) and Trash Co., LLC (“Company,” “we,” “us,” or “our”), a Limited Liability Company based in Bella Vista, Arkansas. This agreement outlines the terms and conditions governing your use of Trash Co.’s services, including taking out and returning your waste cans, cleaning cans, hauling additional trash, and providing roll-off dumpster rentals (“Services”). By accessing or using our Services, you agree to comply with and be bound by these terms and conditions (“Agreement”). If you do not agree to these terms, you may not use our Services.
Acceptance of Terms
By subscribing to or using our Services, you signify your acceptance of this Agreement. You acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained herein, as well as any other applicable rules, policies, and terms posted on our website, https://www.trashco.co/, or available through any mobile application associated with our Services. If you do not accept these terms, you are prohibited from using our Services.
Modifications to Terms
Trash Co. reserves the right to modify or amend this Agreement at any time, at its sole discretion. Any such modifications will be effective immediately upon posting on our website. We will notify you of any material changes to the terms by updating the effective date at the top of this document and, if necessary, by providing additional notice through email or other communication channels. It is your responsibility to review this Agreement periodically to stay informed of any changes. Your continued use of the Services after any such modifications constitutes your acceptance of the revised terms and conditions. If you do not agree to the modified terms, you must discontinue your use of the Services.
2. Definitions
“Trash Co.”
“Trash Co.” refers to Trash Co., LLC, a Limited Liability Company organized and existing under the laws of the State of Arkansas, with its principal place of business located in Bella Vista, Arkansas. Trash Co. is the provider of the Services outlined in this Agreement and may include its affiliates, subsidiaries, officers, directors, employees, agents, and contractors.
“Services”
“Services” collectively refers to all products and services offered by Trash Co., including but not limited to taking out and returning waste cans, cleaning cans, hauling off additional trash, and providing roll-off dumpster rentals. These Services are subject to the terms and conditions set forth in this Agreement and any additional terms and conditions specified by Trash Co. from time to time.
“Website”
“Website” refers to the online platform operated by Trash Co., accessible via the URL https://www.trashco.co/, through which users can access information about Trash Co. and its Services, subscribe to and manage their service plans, and engage in other interactions facilitated by the platform. The term “Website” also encompasses any subdomains, mobile applications, or other digital properties operated by Trash Co.
“User”
“User” refers to any individual or entity that accesses or uses the Services provided by Trash Co., whether as a subscriber, customer, visitor, or in any other capacity. The term “User” includes, but is not limited to, individuals who register for service subscriptions, those who browse the Website, and any person or entity acting on behalf of another individual or entity using the Services.
“Agreement”
“Agreement” refers to these Terms and Conditions, including any amendments, modifications, or supplements thereto, along with any other applicable rules, policies, or terms posted on the Website or provided through the Services. This Agreement constitutes a legally binding contract between the User and Trash Co. and governs the User’s access to and use of the Services.
3. Services
Description of Services: Trash Co. provides a range of waste management services aimed at facilitating the disposal and management of household and commercial waste. These services include:
- Curb Service: This involves scheduled collection and placement of trash cans for curbside pickup on designated trash days.
- Can Cleaning: This involves using environmentally friendly cleaners that are labeled with “EPA Safer Choice.” The grey water resulting from this cleaning process will be managed in accordance with all applicable Arkansas Department of Environmental Quality (ADEQ) regulations.
- Additional Trash Haul Off: Users have the option to request additional trash hauling services beyond regular curbside pickup.
- Roll Off Dumpster Rentals: Trash Co. offers roll off dumpster rental services for larger scale waste disposal needs.
These services are designed to alleviate the burden of waste management for residential and commercial customers, ensuring timely and efficient disposal while adhering to environmental regulations.
Service Limitations: While Trash Co. strives to provide reliable and efficient waste management services, there are certain limitations and conditions that apply:
- Availability: Services are subject to availability based on geographic location and operational capacity.
- Schedule Changes: The scheduling of service visits may be subject to change due to factors such as weather conditions or unforeseen circumstances.
- Capacity Limits: Certain services, such as roll off dumpster rentals, may have specific weight or volume limitations that users must adhere to.
- Legal Compliance: Users must ensure compliance with local laws and regulations regarding waste disposal and management practices.
Trash Co. does not guarantee uninterrupted or error-free operation of the Services. Additionally, Services may be affected by factors beyond Company’s control, such as weather conditions, access restrictions, and municipal regulations. Trash Co. reserves the right to decline, modify, or discontinue any Service at its sole discretion and without prior notice to the User. In the event that Services are unable to be performed due to factors such as lack of access to waste cans, Trash Co. shall not be liable for any refunds or credits to the User.
Access to Services: Access to and use of the Services provided by Trash Co. are contingent upon the User’s compliance with the terms and conditions set forth in this Agreement. Users are responsible for ensuring that Trash Co. and its employees, agents, or contractors have full and unimpeded access to the designated property and waste management containers on scheduled service dates. This includes, but is not limited to, providing gate entry codes, lock combinations, security guard verification, and ensuring pets are relocated from storage areas. Failure to provide such access may result in non-performance of Services without entitlement to a refund or credit. Users must also comply with any additional requirements specified by Trash Co. to facilitate the provision of Services.
4. User Representations
Eligibility: By accessing or using the Services provided by Trash Co., the User represents and warrants that they are at least 18 years of age and have the legal capacity to enter into this Agreement. If the User is accessing or using the Services on behalf of a legal entity, they further represent and warrant that they have the authority to bind such entity to this Agreement.
Accurate Information: The User agrees to provide accurate, current, and complete information during the registration or subscription process and to keep such information updated throughout the duration of their use of the Services. Trash Co. reserves the right to verify the accuracy of the information provided by the User and to refuse or terminate Services if such information is found to be inaccurate, incomplete, or outdated.
Compliance with Laws: Users agree to comply with all applicable laws, rules, and regulations in connection with their use of the Services. This includes, but is not limited to, municipal waste management regulations, zoning laws, and any other laws governing the use and disposal of waste materials.
Prohibited Activities: Users are prohibited from engaging in any activities that may:
- Violate any applicable laws, regulations, or ordinances;
- Infringe upon the rights of others, including intellectual property rights;
- Interfere with or disrupt the operation of the Services or the Trash Co. Website;
- Attempt to gain unauthorized access to any systems or networks associated with Trash Co.;
- Transmit any harmful or malicious code, viruses, or other harmful components;
- Engage in any fraudulent or deceptive practices; or
- Use the Services for any illegal, unethical, or unauthorized purpose.
Trash Co. reserves the right to investigate and take appropriate legal action against any User who violates these provisions, including terminating or suspending their access to the Services and pursuing remedies available under applicable laws.
5. Home Access
Authorization to Access Property: Users of Trash Co.’s services expressly authorize Trash Co. and its employees to access their property for the purpose of providing waste management services. This authorization extends to accessing designated areas where trash cans are stored or placed for collection on scheduled service days. By subscribing to Trash Co.’s services, users confirm that they have the legal authority and right to grant such access to Trash Co. and its employees.
User Responsibilities for Access: It is the responsibility of the user to ensure that Trash Co. and its employees have unobstructed and safe access to the designated areas where trash cans are located. This includes providing necessary access codes, keys, or any other security measures required for entry. Users must also ensure that any pets or obstacles that could impede access to the trash cans are properly managed or removed on scheduled service days.
No Credit or Refund for Access Issues: If Trash Co. or its employees arrive for scheduled service and are unable to access the designated areas due to reasons beyond their control, including but not limited to locked gates, unrestrained pets, or other access restrictions, users shall not be entitled to receive a credit or refund for the missed service. It is the user’s responsibility to ensure continuous and unimpeded access to the trash cans on scheduled service days to avoid service interruptions.
Trash Co. reserves the right to decline or reschedule services if access to the designated areas is obstructed or restricted, without any obligation to compensate the user for the missed service. This policy ensures the efficient delivery of waste management services while maintaining operational integrity and compliance with service schedules.
6. Pricing and Payment
Monthly Service Fee: Users of Trash Co.’s services agree to pay a monthly service fee, which covers the cost of waste management services provided by Trash Co. The current monthly service fee is set forth in the pricing schedule available on Trash Co.’s website or as communicated through other official channels. Trash Co. reserves the right to adjust the monthly service fee at its discretion, with reasonable notice provided to users in accordance with the terms outlined in this Agreement.
Applicable Sales Tax: In addition to the monthly service fee, users are responsible for paying any applicable sales taxes imposed by federal, state, or local authorities. The sales tax amount will be added to the total amount due and reflected in the billing statement provided to the user. Trash Co. complies with all applicable tax laws and regulations governing the collection and remittance of sales taxes.
Payment Methods: Trash Co. accepts payment for services through various authorized payment methods, including credit cards, debit cards, electronic funds transfer (EFT), and any other methods approved by Trash Co. Users must provide accurate and current payment information to ensure timely and uninterrupted processing of payments for services rendered.
Recurring Payments: By subscribing to Trash Co.’s services, users authorize Trash Co. to automatically charge the designated payment method on file for recurring monthly service fees. Recurring payments ensure continuous access to Trash Co.’s services without interruption, unless the user cancels their subscription in accordance with the cancellation policy outlined in this Agreement.
Changes in Pricing: Trash Co. reserves the right to modify the monthly service fee at any time, with advance notice provided to users via email or other communication methods. Users will be informed of any changes to the monthly service fee at least thirty [30] days before the revised fee takes effect. Users have the option to accept the revised fee or cancel their subscription without penalty if they do not agree with the updated pricing.
Billing Schedule: Service fees are billed monthly in advance, typically on or before the first day of each calendar month. Users are responsible for ensuring that their payment information is accurate and up-to-date to avoid any disruptions in service due to payment processing issues. Billing statements detailing the amount due, including applicable sales tax, will be provided to users electronically or by other agreed-upon means.
Refund Policy: Trash Co. maintains a strict no-refund policy for monthly service fees, except where required by applicable law. Once a payment for service has been processed, users are not eligible for a refund, regardless of service usage or any other circumstances. Users may cancel their subscription in accordance with the cancellation policy outlined in this Agreement to terminate future billing and avoid charges for subsequent billing cycles.
7. Cancellation and Termination
User’s Right to Cancel: Users have the right to cancel their subscription to Trash Co.’s services at any time by providing written notice to Trash Co. through the designated cancellation process outlined on Trash Co.’s website or other official communication channels. Upon receipt of a valid cancellation request, Trash Co. will cease billing the user for future monthly service fees, effective at the end of the current billing cycle. No partial refunds will be issued for unused portions of the current billing cycle.
Trash Co.’s Right to Terminate: Trash Co. reserves the right to terminate a user’s access to its services, with or without cause, at Trash Co.’s sole discretion. Reasons for termination may include, but are not limited to, violation of this Agreement, non-payment of fees, or conduct that Trash Co. determines to be harmful to its operations or reputation. In the event of termination by Trash Co., users will be notified promptly via email or other electronic means.
Special Volume Pricing Cancellation Policy: For users enrolled in special volume pricing arrangements with Trash Co., cancellation of services requires a minimum notice period of one [01] months in advance. Special volume pricing agreements are subject to specific terms and conditions agreed upon at the time of enrollment. Users must adhere to the cancellation policy outlined in the special volume pricing agreement to avoid penalties or additional charges.
Effect of Termination: Upon termination of services, whether initiated by the user or Trash Co., users will no longer have access to Trash Co.’s services, including any associated benefits or features. Users are responsible for settling any outstanding fees or charges accrued up to the effective date of termination. Trash Co. reserves the right to retain user data and information in accordance with its Privacy Policy, even after termination, to comply with legal obligations or for legitimate business purposes.
8. Dispute Resolution
Informal Negotiation: In the event of any dispute or claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter informally. The party asserting the dispute or claim shall notify the other party in writing, specifying the nature of the dispute and the desired resolution. Within 30 days of such notice, representatives of both parties shall engage in good faith negotiations in an effort to resolve the dispute amicably.
Arbitration Agreement: If the parties are unable to resolve the dispute through informal negotiation, the parties agree to resolve any and all disputes arising out of or related to this Agreement through binding arbitration. Arbitration shall be conducted by a single arbitrator appointed in accordance with the rules and procedures of the American Arbitration Association (AAA) or another mutually agreeable arbitration service provider.
Location of Arbitration (Arkansas, United States): The arbitration proceedings shall take place in Bella Vista, Arkansas, United States, unless otherwise mutually agreed upon by the parties in writing.
Binding Arbitration Clause: The decision of the arbitrator shall be final and binding on both parties, and judgment upon the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator shall have authority to award monetary damages and equitable relief as provided under applicable law.
Class Action Waiver: To the fullest extent permitted by law, each party waives the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding against the other party. The parties agree that any dispute will be resolved solely on an individual basis, and that neither party shall seek to consolidate any dispute with the claims of any other party.
Governing Law: This Agreement and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law principles.
9. Liability and Disclaimers
Limitation of Liability: Trash Co. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by the User or any third party, whether in an action in contract or tort, arising from or in connection with the use of the Services or this Agreement, even if Trash Co. has been advised of the possibility of such damages. In no event shall Trash Co.’s total liability to the User for all damages, losses, and causes of action exceed the amount paid by the User to Trash Co. during the preceding twelve-month period.
Disclaimer of Warranties: The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Trash Co. does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that defects in the Services will be corrected.
Indemnification: The User agrees to indemnify, defend, and hold harmless Trash Co., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to the User’s use or misuse of the Services, violation of this Agreement, or infringement of any intellectual property or other rights of a third party.
Force Majeure: Trash Co. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Trash Co.’s reasonable control, including but not limited to power outages, internet service provider failures, acts of God, labor disputes, governmental actions, natural disasters, terrorism, war, or other events of force majeure.
10. Safety and Compliance
User Responsibilities: The User acknowledges and agrees that it is their responsibility to ensure compliance with all applicable laws, regulations, and ordinances governing the use of Trash Co.’s Services. This includes, but is not limited to, proper waste disposal practices, adherence to local zoning and environmental regulations, and any other laws relevant to the placement and handling of waste containers.
Compliance with Local Regulations: The User agrees to comply with all local, state, and federal regulations pertaining to waste management and disposal. This includes obtaining any necessary permits or approvals required by local authorities for the placement of waste containers and adherence to specified collection schedules and guidelines.
Pet Containment: The User is solely responsible for containing and managing their pets to ensure the safety of Trash Co.’s personnel and equipment during service visits. Trash Co. shall not be held liable for any injuries, damages, or losses resulting from the User’s failure to properly restrain or control their pets during service operations.
Vehicle and Property Damage: Trash Co. will exercise reasonable care in handling waste containers and performing Services. However, the User acknowledges and agrees that Trash Co. shall not be liable for any damage to vehicles, property, or other belongings resulting from the placement, movement, or handling of waste containers during service operations, unless such damage is directly caused by Trash Co.’s negligence or willful misconduct. The User agrees to promptly notify Trash Co. of any damage or incidents involving their property during the provision of Services.
11. Customer Satisfaction
Service Guarantee: Trash Co. strives to ensure customer satisfaction with its Services. While every effort is made to deliver high-quality and reliable waste management solutions, Trash Co. does not explicitly guarantee uninterrupted or error-free Services due to factors beyond its reasonable control, such as inclement weather or operational challenges.
Reporting Issues: In the event that the User is dissatisfied with the Services provided by Trash Co., it is their responsibility to promptly report such issues to Trash Co.’s customer service department. Reports should include detailed descriptions of the problem encountered and any relevant information to assist Trash Co. in investigating and resolving the matter efficiently.
Resolution Process: Upon receiving a report of service-related issues, Trash Co. will promptly investigate the matter and seek to resolve it in a timely manner. The resolution process may involve communication with the User to gather additional details and determine appropriate corrective actions. Trash Co. endeavors to address reported issues and concerns to the satisfaction of the User within a reasonable timeframe, ensuring transparency and effective communication throughout the resolution process.
12. Changes to Services
Right to Modify or Discontinue Services: Trash Co. reserves the unilateral right to modify, suspend, or discontinue any aspect of its Services, including features, functionalities, or availability, at its discretion and without prior notice to Users. Such modifications may be necessitated by technological advancements, operational efficiencies, or changes in regulatory requirements.
Notification of Changes: In the event of significant changes to the Services, Trash Co. will make reasonable efforts to notify Users through prominent announcements on its Website or through direct communication channels. Notification methods may include email notifications, website notifications, or other suitable means.
User Acceptance of Changes: By continuing to use Trash Co.’s Services after the effective date of any modifications or changes, Users implicitly accept and agree to abide by the updated terms and conditions. Users retain the right to discontinue using the Services if they do not agree with any modifications, subject to the terms outlined in the Cancellation and Termination section of this Agreement.
13. Electronic Communications
Communication Preferences: Users of Trash Co.’s Services may manage their communication preferences through their account settings on the Website. Preferences include opting in or out of receiving electronic communications such as notifications, updates, promotional offers, and other service-related messages.
Opting In/Out of Notifications: By default, Users may receive transactional and operational communications necessary for the provision of Services, including account updates and service notifications. Users have the option to opt in or out of receiving non-essential communications such as promotional emails or marketing materials. Opt-out requests can typically be managed through the User’s account settings or by contacting Trash Co.’s customer support.
14. Miscellaneous
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law principles.
Entire Agreement: This Agreement constitutes the entire agreement between the User and Trash Co. regarding the Services, superseding any prior agreements or understandings, whether written or oral.
Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.
Waiver: The failure of Trash Co. to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any other provision thereof.
Assignment: Trash Co. may assign its rights and obligations under this Agreement to any party at any time without notice to the User. The User may not assign its rights or obligations under this Agreement without the prior written consent of Trash Co.
15. Contact Information
Customer Support
For customer support regarding the Services provided by Trash Co., please contact us using the following details:
- Email: info@trashco.co
- Phone: +1 (479) 685-0783