Terms

TERMS & CONDITIONS

1. General

1. All contracts made by The City Bin Co. (hereinafter referred to as the “Company”) with you as the user of the Company’s waste collection service (the “Service”) shall be deemed to incorporate these terms and conditions (the “Contract”). No variation or addition shall form part of the Contract or any other contract unless specifically accepted by the Company in writing.
2. The Contract shall over-ride and take the place of any other terms and conditions in any document or other communication used by you in concluding any business relating to the Service with the Company.
3. You agree and acknowledge that you are bound by the terms of this Contract from the date of delivery of bins, or of the first payment made in respect of the provision of the Service, or from the date of first provision of the Service, whichever is the earlier (the “Commencement Date”).
4. For information about our privacy practices, (and how we collect and use your personal data) and our use of cookies (and how you can manage or disable them) please see our separate Privacy Policy and Cookie Policy and the relevant sections below.
5. By signing up to avail of the Service, and without prejudice to other terms herein, you agree and acknowledge that:
   1. you will be bound by these terms until such time as your Contract is terminated by either party;
   2. the Company may change its pricing plans but it will provide you with 14 days’ prior notice;
   3. the Company may seek payment from your bank for all charges due on your account (e.g. additional weight charges and / or penalties) throughout the term of your Contract without providing prior notice.

2. Charges and Payment

1. The charge payable by you for the Service depends on your location and what option you choose when you are going through the Company’s sign up process. The Company currently offers a number of different price plans which are periodically reviewed and updated.
2. Before the Company makes a change to a price plan or before a price plan is due to expire the Company will:
   1. provide you with 14 days’ notice of such change;
   2. provide you with information relating to the new price plans; and
   3. request that you inform the Company of your chosen new price plan within a specified period of time, (together the “Notice”)
3. If you do not notify the Company of your chosen new price plan within the period, specified in the Notice the Company will automatically apply the new monthly pricing plan to your Service.
4. In addition to information provided in any Notice, new customer price plans and offers are available for consideration at the following link: https://service.citybin.com/signup/
   Changes to the Company’s price plans may be necessitated by such matters including but not limited to:
   1. external commercial reasons beyond the Company’s control;
   2. Government legislation and/or Government Levies; and/or
   3. VAT increases.

   If you are not happy with the new price plans please note your right to terminate the Contract as set out in clause 8(f) below.

5. All charges due for delivery of the Service must be paid by direct debit either from a bank account, debit or credit card.
6. By availing of the Service you hereby authorise the Company to:
   1. collect your bank account details, credit card / debit card details (or such other billing information necessary for the Company to receive payment for the Service);
   2. at a minimum, retain such information until such time as your Contract is terminated in accordance with clause 8;
   3. carry out payment requests to your bank to discharge all outstanding account charges. (which for the avoidance of doubt will include any additional weight charges and / or penalties due on your account) on your assigned direct debit collection date; and/or
   4. on providing you with advance notice, change your direct debit collection date (in accordance with clause 2(b) above or otherwise).
7. If the chosen method of payment is direct debit from a bank account, you are responsible for ensuring that the bank account given is a current account which can accept direct debits.
8. It is your responsibility to advise the Company of changes to your bank account, debit card or credit card details or if your debit card or credit card expires.
9. The Company reserves the right, without notice, to suspend the Service wholly or partially if any charge in respect of the Service is outstanding for 14 days after the invoice date.
10. The Company will impose an administration charge of €9.50 for every payment request not honoured by your bank (e.g. direct debits from your current account, debit card or credit card).
11. If you wish to change your payment method, you must provide the Company with at least 7 days prior written notice of such a change. Such change may only occur from the beginning of the next charging period.

3. Provision of Service

1. Strictly one set of bins per dwelling. Bins cannot, under any circumstances, be shared between dwellings.
2. The provision of the Service applies to household waste only and no commercial waste can be presented for collection e.g. waste from Bed & Breakfasts, etc.
3. Communications by post (e.g. billing, collections, service updates, etc.) shall ordinarily be sent to the billing address shown on the application form (or any other address notified to the Company) and shall be deemed received by you on the second postal day after the date of posting. Communications by short message service (SMS) and email (e.g. billing, collections, service updates, reminders, promotions, payments, etc.) will be deemed received by you on the same day.
4. The Company retains ownership of its equipment (e.g. bins, locks, etc.) at all times. In the event any of the equipment is lost, stolen or damaged you shall immediately notify the Company and provide all relevant details of same. You shall be liable for the charges incurred by the Company in replacing or repairing same. Details of these charges are set out in the Schedule to these Terms and Conditions.
5. By availing of the Service you agree and acknowledge that you will not or will not attempt to interfere, deface or in any way alter the look or functionality of the bin including, for the avoidance of doubt, by affixing or attempting to affix anything to the bin including lid straps, ties, clamps or any similar device used to keep the lid closed. Should the Company become aware of a breach of this provision, you will be notified of the breach and a penalty of €40 will be applied to your account. You are responsible for the payment of such penalty in accordance with the payment obligations in this Contract. If you fail to rectify the breach within 14 days of receiving the notice, the Company shall be entitled to terminate the Service.
6. The Contract is personal to you. You shall not, except with the Company’s written consent or in accordance with the Company’s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part.
7. The Company may reasonably modify or suspend the Service wholly or partially, if such action is deemed necessary by the Company (e.g. for maintenance, security or other valid and bona fide commercial and operational reasons) or if the Company is requested to do so by an authorised authority. In such circumstances, the Company will give you as much notice as reasonably possible. Please note your right to terminate the Contract in such circumstances as set out in clause 8(f) below.
8. The Company provides different bins for different types of non-hazardous material. All non-recyclable waste must be disposed of in the general waste bin. The Company will apply a penalty of €30 per bin per incident to your account if a bin designed for recyclable material is contaminated with non-recyclable material e.g. landfill waste. You are responsible for payment of such penalty in accordance with the payment obligations in this Contract.
9. The Company will not accept any liability if the bin(s) is/are moved to a different location without prior notice to, and agreement with, the Company.
10. All bins to be collected must be left on the kerbside before 6:30am on the scheduled collection day. Any bin presented late for collection will not be serviced until the next scheduled collection time.
11. If the service is not carried out on the day specified in the collection schedule on the grounds of a valid reason which is outside of the control of the Company (e.g. adverse weather conditions) the Company reserves the right to reschedule the visit to the next reasonable opportunity for such service and you shall have no claim against the Company in this respect. Please note your right to terminate the Contract in such circumstances as set out in clause 8(f) below.
12. In no event shall the Company be liable to you for damage suffered by you as a consequence of acts or omissions of third parties.
13. In the extremely unlikely event that the weighing systems fail, and we empty your bin, we will only charge you based on your average weights over the previous 4 collections.

4. Fair Usage

a) These terms and conditions set out an acceptable level of conduct between you and the Company relating to your use of the Service and are in place to ensure that you will use the Service responsibly and appropriately.
b) To ensure such fair usage and competitive pricing, the Company has calculated the average weight of waste produced by various categories of households (e.g. based on the number of residents) in a given period (i.e. 12 months) and produced its price plans accordingly. From these calculations the Company has calculated a monthly* threshold allowance.
c) The majority of households should comfortably operate within this monthly* threshold allowance but the Company reserves the right to charge for excessive weight beyond this monthly* threshold allowance and will not notify you in advance of such additional charges being applied. Details of the additional charges and the monthly* threshold allowance are set out in the Schedule hereto. *Per lift for Lift Only Customers.

5. Personal Data

The Company’s Privacy Policy sets out how the Company will treat your personal data and protect your privacy when you use the Service. By using the Service, you agree that the Company can use such data in accordance with our Privacy Policy, including for the purposes of on-boarding you as a new customer, processing payments or otherwise providing the Service. A copy of the current Privacy Policy can be found on the Company’s website. By availing of the Service you agree to the terms of the Privacy Policy.

6. Cookies

The Company uses cookies, [web beacons,] and similar technologies. These allow us to better understand the usage and traffic pattern of visitors and users on our website and to enable us to improve certain functions of our Service. While you can manage your cookie settings in your computer or device’s browser, please be aware that certain parts of our site may not function properly if your browser is set not to allow cookies.
For more information about our use of cookies and how you can manage or disable them, please see our Cookie Policy.

7. Term

The Company will provide you with the Services pursuant to the terms of this Contract from the Commencement Date until such time as the Contract is terminated by either you or the Company in accordance with clause 8.

8. Termination of Service

1. From the Commencement Date, the customer has the right to cancel this Contract within 14 days written notice (the “Initial Period”) without any reason given and upon such cancellation they will be entitled to a full refund of all sums paid to the Company. less the cost of delivery of the bins. All notices to the Company in this regard should be sent either by email to home@citybin.com or by signed letter to The City Bin Co, Oranmore Business Park, Oranmore, Galway.
2. After the Initial Period has elapsed and other than in the circumstances set out in clause (f) below this Contract may be terminated at any time without any reason given by you or the Company by giving at least 14 days written notice. All notices to the Company in this regard should be sent either by email to home@citybin.com or by signed letter to The City Bin Co, Oranmore Business Park, Oranmore, Galway.
3. The termination date of the Contract must coincide with the last date of a billing period. For example, if you are billed on a monthly basis, your 14 days’ notice must, at a minimum, coincide with the last day of the month in which you intend to terminate the Contract.
4. If a credit applies to a Customer’s account on termination or cancellation of the Services the Customer will receive a refund for the prepaid period less any Cancellation Fee that may be applied.
5. If you cancel or do not renew your service with The City Bin Co. there will be a cancellation fee of €15 per bin charged against your account. This amount will be deducted from any refund balance due to you.
6. Where a Customer has obtained a discounted Price that is subject to the Customer agreeing to a minimum Term of Contract and the Customer subsequently cancels or terminates the Contract, prior to the expiry of the minimum Term, The City Bin Co. reserves the right to charge the Customer the remaining balance of the Price due to The City Bin Co. for the remainder of the Term.
7. In any situation where you have been given notification of the Company’s intention to alter the terms contained in this Contract or otherwise make any material changes to the Service, you are entitled to immediately terminate the Contract by giving written notice either by email to home@citybin.com or by signed letter to The City Bin Co, Oranmore Business Park, Oranmore, Galway.

9. Law

These conditions shall be construed in accordance with and governed by Irish Law.

Schedule

Charges & Monthly* Threshold Allowances

**subject to you not having availed of any introductory offer which shall apply for the fixed period set out in such offer.