BIN SITTERS CANADA
Terms & Conditions
This is an agreement between you and Bin Sitters Canada (and its affiliates, “Bin Sitters Canada” or “We”). Before using Bin Sitters Canada, please read these Terms and Conditions of Service, the Bin Sitters Canada Privacy Notice, the Bin Sitters Canada Recurring Payment Terms and Conditions, and the other applicable rules, policies, and terms posted on the Bin Sitters Canada website or available through your Bin Sitters Canada app (collectively, this “Agreement”). By using Bin Sitters Canada, 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 Bin Sitters Canada.
By creating an account, accessing, or using our platform, you enter into a direct contractual relationship with Bin Sitters Canada, a technology services provider that facilitates the connection between individuals, homeowners, vacation rentals, and property managers seeking waste management services and independent third-party providers of such services (“Bin Sitters").
You acknowledge and agree that Bin Sitters Canada does not provide home services itself and is not a home contractor of any sort. All services are provided by independent third-party contractors who are not employed by Bin Sitters Canada We act solely as an intermediary by offering a platform through which individuals, homeowners, vacation rentals, and property managers can arrange and schedule services with Bin Sitters..
Your use of the platform constitutes your agreement to be bound by these Terms and Conditions, which establish a contractual relationship between you and Bin Sitters Canada. If you do not agree to these terms, you may not access or use the platform or services.
For the purposes of these Bin Sitters Canada Terms and Conditions of Service:
“Bin Sitters Canada” means Bin Sitters Canada’s can management service, including the Bin Sitters Canada app and other related services.
“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 Bin Sitters Canada.
“Bin Sitters” means persons employed or contracted by Bin Sitters Canada to provide Bin Sitters Canada's can management service.
Property Access
By submitting your service subscription request online, you are authorizing Bin Sitters Canada and its Bin Sitters to access your property (or other location) that you designate for the purpose of taking out and returning your waste and recycling cans. By subscribing to our service, you are confirming that you have the right to authorize Bin Sitters Canada and its Bin Sitters to access the designated property. It is your responsibility to ensure that Bin Sitters Canada or its Bin Sitters have full access to your trash and recycling cans on the scheduled service dates. Should Bin Sitters Canada or its Bin Sitters arrive and be unable to provide service due to lack of access, you shall not be entitled to a credit or refund.
Services
Services provided may be either or one of the following:
(i) In accordance with the monthly service plan you selected at the time of signup, your assigned Bin Sitter will transport your trash and/or recycling bins to the curb on the day prior to your scheduled waste collection day. Following collection, your Bin Sitter will return the bins to their original designated storage location in a timely manner.
Or:
(ii) In accordance with the monthly service you selected for cardboard & recyclable pickup, Bin Sitters Canada will pick up a maximum of (2) bags of cardboard & recyclables which must be maximum size of 95 L, clear plastic, and recyclable. Cardboard & recyclables are required to be separated into (2) separate bags. Items picked up to be taken to facilities which are legally licensed to accept such items. Client is responsible for ensuring all items are free and clean of organic matter, hazardous waste, toxic items.
Bin Access
You must ensure Bin Sitters Canada or its Bin Sitters have access to your trash and recycling bin on the scheduled service day, including but not limited to: gate entry codes, lock combinations, security guard verification, and pets relocated from storage areas. If Bin Sitters Canada or its Bin Sitters are unable to access your trash or recycling bins for any reason, services will not be performed that week and you shall not be entitled to a credit or refund. Bin Sitters Canada reserves the right to decline its service for any reason. To ensure smooth service delivery, it is essential that accurate and complete information regarding the location of your trash cans and any necessary access instructions is provided. Failure to supply this information may result in service issues. We cannot be held responsible for non-delivery of service in these circumstances.
Pricing
You agree to pay Bin Sitters Canada the then-current monthly service fee associated with the service plan you selected at the time of signup, plus any applicable sales taxes. All fees are due in accordance with the billing terms presented to you at the time of purchase. Bin Sitters Canada reserves the right to modify the pricing of any service plan at any time, at its sole discretion. Any changes to pricing will be communicated to you in advance and will take effect in the next billing cycle following such notice, unless otherwise stated.
Change in Price
Although Bin Sitters Canada 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 Bin Sitters Canada changes the monthly service fee, Bin Sitters Canada will provide you 2 months written notice of any change. 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 recurring monthly service fee.
Billing
Service fees for your selected service plan are billed in advance, when you have chosen a monthly schedule. Billing will recur automatically on a monthly to ensure continuous service. To cancel your service and prevent future billing, you must submit a specific cancellation request. All applicable local, and federal taxes will be added to your monthly service fee.
Applicable sales tax. All applicable local and/or Federal taxes will be added to the current recurring monthly service fee.
Payment Terms
By accepting these terms and conditions, you are electing to enroll in the Bin Sitters Canada Payment Plan and agree to the Bin Sitters Canada Recurring Payment Terms and Conditions. You hereby authorize Bin Sitters Canada to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected.
Service fees are billed on a recurring basis monthly depending on the plan selected at the time of signup. Bin Sitters Canada will automatically charge the full amount of Payment to your Payment Method each time your Bin service renews, unless you cancel according to these terms and conditions.
Cancellation
You can cancel your subscription and service by submitting a cancellation request online Please refer to the specific terms below based on your subscription type:
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Monthly Payment Plans:
To cancel your monthly subscription, you must provide at least 30 days advanced notice prior to your next billing date. For example, if your subscription is set to renew on June 1st, you must provide cancellation notice by May 2nd in order to avoid being charged for the next billing cycle.
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Enterprise and Volume Pricing Plans:
For accounts with Enterprise and Volume pricing, any cancellation affecting 50% or more of the properties on service or the complete closure of the account requires a minimum 90-day advanced written notice submitted to info@binsitterscanada.ca . This extended notice period is necessary due to the volume discount you receive, which requires certain service level commitments, and to allow for the effective management of operational routes and workforce resources, ensuring continuity for all customers.
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Upon successful cancellation, you will receive a cancellation notice. Please retain this notice as proof of your cancellation. Bin Sitters Canada's failure to enforce any cancellation fees or other terms within these Terms and Conditions does not constitute a waiver of our right to enforce such terms in the future.
Important:
Please note that our service is billed on monthly and we do not provide partial credits or refunds for any unused portion of a billing cycle.
Pets
The homeowner/resident is responsible to contain and restrain their pets. For the safety of our Bin Sitters, if an unrestrained pet is present on the property and our Bin Sitter determines that it is unsafe to access the property, the delivery of service will not be completed. If you are signed up for notifications, you will be informed via SMS text or email that your property could not be serviced on that day. In the event that service cannot be delivered due to an unrestrained pet, no credits, refunds, or adjustments will be issued. Please ensure that pets are properly restrained or secured during your scheduled service time.
Vehicles
Bin Sitters Canada will make every effort to place your waste and recycling bins with great care to a curbside location for city pick-up. In the event that your vehicle or any other vehicles hits or knocks over your trash or recycling, Bin Sitters Canada will not be held responsible in any way for any damage to the vehicle or bins or clean up of any items from the bins.
Garage Access
You affirm that your garage will be safe and free from hazards. You must disable any alarms or security systems in your home. Neither Bin sitters Canada nor its affiliates are responsible for disarming or resetting any alarms or security systems, nor for your failure to do so, or for any liabilities resulting from your security system being unarmed in your home, regardless of the cause. By granting access to your garage for the purpose of servicing your trash bins and providing a garage code, you agree to the following: 1) Assumption of Risk: You acknowledge that you assume all risks associated with granting access to the garage, 2) Limitations of Liability: Bin Sitters Canada or its affiliates shall not be held liable for: a) any lost or missing items from the garage, b) any damage to the garage door or opener, c) any occurrences of the garage door being left open. Best Efforts Commitment: While BinSitters Canada or its affiliates will make every effort to open and close the garage responsibly, we cannot be held liable for any issues arising from the access granted. By providing access to the garage, you confirm your understanding of and agreement to these risks and limitations of liability.
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.
Overloading and Closed Lid
For the safety of our Bin Sitters and to minimize the risk of injury or damage, bins must not be overloaded, and lids must be properly closed in accordance with municipal guidelines. Overloaded trash bins or those with open lids present safety hazards and may lead to service issues. If your trash bins are found to be overloaded or the lids are not closed, we reserve the right to not deliver service. In such cases, no credits, refunds, or adjustments will be issued. We appreciate your cooperation in providing a safe working environment for our Bin Sitters.
Overflowing Trash and Access
To ensure the safety and efficiency of our service, trash bins must be easily accessible and not surrounded by overflowing trash that obstructs access. Our Bin Sitters must have a clear path to roll trash bins to the curb and back. If overflowing trash or other obstructions prevent our Bin Sitters from safely accessing the trash bins, service will not be delivered, and no credits, refunds, or adjustments will be issued. For excess trash situations, please email us at info@binsitterscanada.ca to request a waste removal. On-demand waste removal is an additional service and will be billed separately from your subscription. We appreciate your cooperation in maintaining a clear and safe access path for our Bin Sitters.
Inclement Weather
The safety of our Customers and Bin Sitters is our highest priority. In the event of inclement weather, including but not limited to severe rain, ice, wind, or snow conditions, we reserve the right to delay, reschedule, or cancel services without prior notice. No credits, refunds, or adjustments will be issued for services that cannot be delivered due to such weather-related conditions. We appreciate your understanding and cooperation in ensuring the safety of our team.
Road Closure Policy
In the event of road closures that prevent access to your property, we cannot be held responsible for the non-delivery of service. If service cannot be delivered due to road closures, no credits, refunds, or adjustments will be issued. We appreciate your understanding as we navigate these circumstances beyond our control.
Sanitary Trash Bin Policy
To ensure the safety and well-being of our Bin Sitters, if your trash bins are deemed excessively dirty or smelly, we reserve the right not to service your property. It is the customer's responsibility to maintain their trash bins in an acceptable sanitary condition for handling. If you are signed up for notifications, you will be informed via SMS text or email that your trash bins require cleaning. Should the situation persist, your property will not be serviced until the issue is rectified. In the event that service cannot be delivered due to excessively dirty or smelly trash bins, no credits, refunds, or adjustments will be issued.
Software and Telecommunication Issues
While we take every precaution to ensure the reliable delivery of our services, we cannot be held responsible for non-delivery of services due to unforeseen software and telecommunication issues. Although such occurrences are rare, certain variables, including but not limited to third-party applications, hardware, and cellular service, are beyond our control. In the event that service cannot be delivered due to these issues, no credits, refunds, or adjustments will be issued. We assure you that we will do everything within our power to mitigate and resolve any such situations as swiftly as possible.
Holiday Trash Schedule Adjustments
During holiday periods, we will make every effort to adjust our services in response to changes in your property's trash collection schedule. However, due to the unique observance of holidays by each municipality and the inconsistencies in the application of their revised schedules, we cannot be held liable for missed pickups during these times. In the event that service cannot be delivered due to a missed holiday pickup, no credits, refunds, or adjustments will be issued. We appreciate your understanding as we navigate these variables.
Short-Term Rental Properties
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HOA: If the property signed up for service is designated for short-term rental use by the owner and not a primary residence, Bin Sitters Canada 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 Bin Sitters Canada harmless from any resulting consequences.
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Guest interaction: If the property signed up for our services is designated for short-term rental use and not as a primary residence, please be aware that service may not be delivered if our Bin Sitter determines that accessing the property is inappropriate due to the presence of guests. The safety and comfort of both our Bin Sitters and your guests are of utmost importance, and we will not access the property if there is a risk of startling or disturbing guests. In the event that service cannot be delivered for this reason, no credits, refunds, or adjustments will be issued.
Force Majeure:
Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, natural disasters, pandemics, strikes, lockouts, labor disputes, equipment or material shortages, power failures, transportation delays, or any other event or condition that is beyond the reasonable control of the affected party (collectively, "Force Majeure Events"). During the continuance of such Force Majeure Events, the obligations of the affected party shall be suspended to the extent necessary. The affected party shall promptly notify the other party of the occurrence of a Force Majeure Event and its expected duration. If the Force Majeure Event continues for more than 30 days, either party may terminate this Agreement by providing written notice to the other party.
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 Bin Sitters Canada within 7 days, (preferably sooner), so that we can look into the matter and resolve it quickly to your satisfaction.
Changes to Bin Sitters Canada
We may change, suspend, limit, or discontinue Bin Sitters Canada, 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 Bin Sitters Canada website. Your continued use of Bin Sitters Canada after the effective date of the revised Agreement constitutes your acceptance of the terms.
Contact Information
For help with Bin Sitters Canada or resolving other issues, please contact Customer Service at info@binsitterscanada.ca
Disputes/Binding Arbitration
Any dispute or claim arising from or relating to this Agreement or Bin Sitters Canada is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the Bin Sitters Canada Conditions of Use. By using Bin Sitters Canada, you agree to be bound by those terms.
Limitation of Liability
To the fullest extent permitted by applicable law, Bin Sitters Canada and its affiliates, officers, directors, employees, agents, suppliers, Bin Sitters or subcontractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) a missed service visit or your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service; (c) any content obtained from the service; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Without limiting the generality of the foregoing, Bin Sitters Canada shall not be liable for any damages arising from or related to a missed service visit or incomplete service, including but not limited to: any credits granted to homeowners, refunds to guests staying at the property, City or Homeowners Association (HOA) fines, or permitting issues.
In no event shall the aggregate liability of Bin Sitters Canada exceed the amount paid by you to Bin Sitters Canada for the services for a single property giving rise to the claim during the twelve (12) month period immediately preceding the event giving rise to such liability.
Disclaimer
Under the terms of this agreement, Bin Sitters Canada will not be held responsible for any damage to your waste or recycling bins. Furthermore, Bin Sitters Canada shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. Bin Sitters Canada 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.
Right to Refuse Service
Bin Sitters Canada reserves the right to refuse service to any property, at its sole discretion, for any reason. This right may be exercised without the requirement of explanation, and no liability shall arise from the decision to refuse service. The refusal may be based on, but is not limited to, factors such as safety concerns, property condition, non-compliance with terms and conditions, access issues, or any other reason deemed appropriate by Bin Sitters Canada..
Recurring Payments Terms & Conditions
By accepting these terms and conditions through your election to enroll in the Payment Plan selected by you, you hereby authorize Bin Sitters Canada 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 Bin Sitters Canada service will automatically renew at the end of each period selected in your Payment Plan (monthly). Bin Sitters Canada will automatically charge the full amount of payment to your Payment Method each time your can 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 Bin Sitters Canada 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, Bin Sitters Canada 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 Bin Sitters Canada of such changes in order for Bin Sitters Canada to update your Payment Account information on file and charge automatic Payments to your new Payment Account information.
Automatic Renewal
Your can 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 Bin Sitters Canada bin service is cancelled, terminated, or discontinued by you or by Bin sitters Canada. 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 Bin Sitters Canada 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 Bin sitters Canada regarding your Payments under the Payment Plan. You understand and agree that Bin sitters Canada 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 Bin sitters Canada to make additional attempts each day for up to twenty (20) consecutive days thereafter to successfully charge your Payment Method, if possible under such Payment Method. If Bin Sitters Canada is unable to successfully charge your Payment Method after such time and you have a recurring Payment Plan, you authorize Bin Sitters Canada to reattempt Payment Method authorization as stated herein for two (2) additional consecutive months.
Cancellation
You can cancel your subscription and service by submitting a cancellation request to info@binsitterscanada.ca or online in your user account. Please refer to the specific terms below based on your subscription type:
Monthly Payment Plans:
To cancel your monthly subscription, you must provide at least 30 days advanced notice prior to your next billing date. For example, if your subscription is set to renew on June 1st, you must provide cancellation notice by May 2nd in order to avoid being charged for the next billing cycle.
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Enterprise and Volume Pricing Plans:
For accounts with Enterprise and Volume pricing, any cancellation affecting 50% or more of the properties on service or the complete closure of the account requires a minimum 90-day advanced written notice submitted to info@binsitterscanada.ca. This extended notice period is necessary due to the volume discount you receive, which requires certain service level commitments, and to allow for the effective management of operational routes and workforce resources, ensuring continuity for all customers.
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Upon successful cancellation, you will receive a cancellation confirmation notice Please retain this notice as proof of your cancellation. Bin Sitters Canada's failure to enforce any cancellation fees or other terms within these Terms and Conditions does not constitute a waiver of our right to enforce such terms in the future.
Important:
Please note that our service is billed on monthly cycles and we do not provide partial credits or refunds for any unused portion of a billing cycle.
Electronic Signature
By signing this Agreement electronically, both parties agree that the electronic signatures are the legally binding equivalent of traditional handwritten signatures. The use of electronic signatures, including but not limited to clicking "I Agree" or signing electronically, constitutes acknowledgment and acceptance of the terms and conditions of this Agreement. Each party agrees that no certification authority or other third-party verification is necessary to validate the electronic signature, and that the lack of such certification or verification will not in any way affect the enforceability of the electronic signature or this Agreement.
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 Bin Sitters Canada for Bin Sitters Canada. 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 Bin Sitters Canada. Bin Sitters Canada reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Bin Sitters Canada 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 Bin sitters Canada again, just sign up as you did the first time and Bin Sitters Canada 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@binsitterscanada.ca
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@binsitterscanada.ca 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.