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Terms of Service

This agreement governs the terms and conditions of your use of the Badger Bins LLC (“Badger Bins”, “we”, “us”, or “our”) service, between you (“you”, “your”, or “customer”), as an authorized user of such service and Badger Bins LLC.

These terms, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Badger Bins LLC on its website (collectively, the “Agreement”), constitute the entire agreement between Badger Bins LLC and you regarding the Services. You confirm that you agree to be bound by these terms of agreement.

Services. Plans.

Badger Bins LLC offers bin cleaning service on a one-time, one-off basis and recurring service plan subscriptions. Bin cleaning and pressure washing service list www.badgerbinspw.com

Subscriptions

Residential bin cleaning services are performed seasonally from April to November. Recurring service plan subscriptions are automatically renewed annually unless canceled with a 30-day written notice. Recurring subscription renewal notices will be emailed in March, indicating the first scheduled cleaning in April. Subscription service will continue on a recurring basis until cancelled by the customer.

Subscribers in good standing are eligible for free bin cleanings with our referral program.

Customers may cancel recurring subscription anytime after four cleanings with 30 days’ written notice, delivered to info@badgerbinspw.com or mailed to 2782 Packerland Drive, Green Bay, WI 54313.

Subscribers Referral Program

Reward: Refer a friend and get your next bin cleaning visit FREE. Free visits are UNLIMITED

Eligible Referrer: To participate in this program, Referrers must have a Badger Bins recurring Seasonal Service Plan subscription in good standing.

Eligible Referrals: New clients with no previous purchase. Located in the Badger Bins service area, successfully purchased a Badger Bins bin cleaning service, complying with service terms

Participation

1. When a new client signs up for a bin cleaning service, they will need to indicate the referral name on the request form or contact us before their service date.

Earned free visits are unlimited

Additional Terms

A. Rewarded free bin cleaning is not redeemable for cash and has no monetary value.

B. Badger Bins LLC Terms of Service Apply

C. Badger Bins LLC reserves the right to modify or terminate the referral program at any time.

D. Badger Bins LLC reserves the right to disqualify any Referrers for participation at any time at its sole discretion.

Residential bin cleaning services are operated seasonally from April to November.

Winter Weather Policy. Badger Bins LLC does not provide bin cleaning services when temperatures drop below 32°F or when weather conditions are not suitable for operation. At times, that may include cancelling appointments due to inclement weather conditions. If unable to provide service(s) on the scheduled day due to inclement weather, vehicle maintenance, unforeseen events, or otherwise, it will make every attempt to notify the customer in advance and reschedule the customer to the next available opportunity. In the event of a cancellation, a subscription client may have to wait until the next scheduled cleaning visit for service.

The customer will not be charged if service cannot be performed due to inclement weather or vehicle maintenance. If unable to provide service(s) on the scheduled day due to inclement weather, vehicle maintenance, unforeseen events, or otherwise, it will make every attempt to

notify the customer in advance and reschedule the customer to the next available opportunity. Badger Bins will not be held responsible for frozen water left behind from the cleaning process, and the client hereby releases Badger Bins from any liability.

Customer Responsibilities

For Badger Bins LLC to provide services, customers must comply with the following to avoid service interruption or discontinuation.

Trash bin(s) must be visible and easily accessible to service personnel until 8 PM on the scheduled service day. Customer will hold Badger Bins harmless and release Badger Bins from any damages or liability to any and all surrounding property. If the customer invites Badger Bins onto the customer's property or inside the garage, then the customer is responsible for all damages and releases Badger Bins from all liability.
Bins should be emptied for service. If any trash or recycling is placed in the cans, it must be bagged; otherwise, the bins will not be cleaned.
If bins cannot be left curbside due to community restrictions, please place them in a location visible to service personnel or provide a note with retrieval instructions.
Only items permitted by local ordinance shall be placed in trash and recycling bins.
Animal feces must be in a tied or sealed bag before being placed in your trash bin.
No chemicals, paint, glue, or other adhesives, or hazardous waste of any kind shall be placed in any bin.
Trash bins must be free of motor oils, chemicals, paint, un-contained animal waste, or any other hazardous waste.
Yard waste should be disposed of according to local ordinance.
Bin(s) must be free of building materials, e.g., plaster, stucco, or concrete.
Badger Bins LLC does not service cracked or damaged trash cans. Customer assumes all responsibility for the condition of bins when not actively being cleaned by Badger Bins or its associates.

Customer must notify Badger Bins LLC by 8 PM the night before the scheduled service to reschedule or cancel the appointment.
If your bins are not outside when we arrive to perform service, we may skip your address and charge the full service amount.
Payment may be charged and will not be refunded if service is missed due to unavailable bins.
Contact Badger Bins LLC within 7 days of the missed service to reschedule; otherwise, you will not be issued a refund or be able to reschedule. Multiple reschedule requests of 2 or more will be subject to a $10 Reschedule fee each.

If you fail to comply with the conditions listed above, we reserve the right to refuse to provide you with the Services, but you will still be responsible for any and all payments/fees relating thereto. Badger Bins LLC reserves the right to refuse service for bins that contain bagged and unbaked trash, excessive debris, hazardous materials, waste, or any other condition deemed unacceptable by the service technician. If service personnel cannot perform the service for reasons stated above, we will take pictures, document, and/or notify the customer promptly to resolve.

Badger Bins LLC Responsibilities

We reserve the right to reschedule or cancel appointments at any time. If we fail to provide your scheduled Services for any reason other than your failure to meet the obligations as outlined in the customer responsibilities section above, we will make a good-faith attempt to reschedule the Services.

The customer will receive an email notification of upcoming service visits one week prior to the scheduled appointment, and a text message reminder one day prior.

Modifications to Services

As we continue to improve and evolve the services we provide to our customers, service plans, prices, and services themselves are subject to change. Badger Bins LLC reserves the right to modify services at any time, without notice to customers, for the benefit of our customers and the overall success of the service program.

Modifications to Terms of Agreement

Badger Bins LLC reserves the right to modify and/or amend the Terms and Service and/or any Customer Agreements at any time by posting a revised Terms and Conditions and/or the Customer Agreement to www.badgerbinspw.com and/or sending information regarding the amendment to the email address you provided to Badger Bins LLC in Client Hub..

Payment

Payment information can be stored in the Client Hub wallet. Card payments saved on file in the client hub will be processed after the service is completed. You may opt to provide debit card, credit card, or bank checking account information, which can be vaulted (saved) within our client hub.

If the issuer of your credit or debit cards does not remit payment to Badger Bins LLC, Customer agrees to pay all amounts due upon Badger Bins LLC's demand, including any and all fees related to the delinquent payment.

If paying by cash or check, please specify the preferred delivery method: in person at the time of service, location for personnel to collect payment at the time of service, or by mail. If we do not collect payment at the time of service, we will send a payment link to make an on-time payment.

Subscription service will continue on a recurring basis until cancelled by the customer.

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 the Fees. If the issuer of your credit or debit cards does not remit payment to Badger Bins LLC, Customer agrees to pay all amounts due upon Badger Bins' demand, including any and all fees related to the delinquent payment.

Badger Bins LLC reserves the right to suspend customer accounts or terminate Services without notice if the Customer’s Payment Method rejects any charges or if your card issuer requests a return of any previously made payments made to Badger Bins, in which we believe the Customer to be liable.

A $15 late fee will be added to any Fees more than 10 days past due. Any Customer account that is more than 30 days past due will be considered delinquent. Services for delinquent accounts will be suspended until the account balance has been restored to good standing.

A late fee of $15 will be added to your account if it is more than ten days past due. 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.

Taxes

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].

Termination.

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.

Waiver.

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.

Assignment.

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.

Governing Law.

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.

Severability.

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.

Survival.

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.

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Terms and conditions

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