GET R WASHED, INC
TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS for services (these “Terms”) are entered by and between Get R Washed, Inc, with its principal address at 3911 N. Ventura Ave., Ventura, CA 93001 (the “Company”) and you (the “Customer”).
The Terms, operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by the Company (collectively, “Agreement”) comprise the entire agreement between the Company and the Customer (collectively, “Parties”), and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
BY USING THE SERVICE, YOU CONFIRM YOUR ACCEPTANCE OF AND AGREE TO BE BOUND BY THESE TERMS.
BY PLACING AN ORDER FOR SERVICES FROM THE WEBSITE OR IN PERSON, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
NOW, THEREFORE, in consideration of good and valuable consideration the receipt, the Parties agree as follows:
1. SERVICES:
1.1. The Company provides a mobile trash bin cleaning and power washing service (the “Services”) for both residential & commercial trash bins.
1.2. The Customer can select the Services and frequency by signing up for any of the different pricing and service plans available on the Company’s website, as updated by the Company from time to time.
2. CUSTOMER RESPONSIBILITIES:
2.1. In order for the Company to provide its Services, the Customer agrees to abide by the following conditions:
2.1.1. Residential Bin Cleaning Service:
a. Customers may enroll in one of the Company’s subscription options – monthly, quarterly, or one-time.
b. Each trash bin will be cleaned either once every month, every 3 months, or one time depending on the nature of the subscription selected by the Customer. All Services require a minimum of two (2) bins.
c. A minimum of three (3) months of service is required for the monthly and quarterly options and Customer will be charged for at least three (3) months of service, even if Customer opts to cancel the Service early.
2.1.2. Commercial Bin Cleaning Service:
a. Customers may enroll in one of the Company’s subscription options– monthly, quarterly, or one-time.
b. Each dumpster will be cleaned either once every month, every 3 months, or one time depending on the subscription selected by the Customer.
c. A minimum of three (3) months of service is required for the monthly and quarterly options and Customer will be charged for at least three (3) months of service, even if Customer opts to cancel the Service early.
2.1.3. Pressure Washing Cleaning Service:
a. The Company offers professional pressure washing services for driveways, decks, walkways, and sidewalks.
b. The pricing of the professional pressure washing services can be obtained by contacting the Company and requesting a quotation for pricing and duration of service.
2.2. Placement of trash bins and dumpsters:
a. The date of Service typically will be the day of the Customer’s normal trash service following pickup, or the next day, in the Company’s discretion.
b. Trash bins or dumpsters must be readily available for service by placing them outside on the curb on the service date.
c. The Company will make reasonable efforts to send a courtesy email reminder the day before and a text reminder the morning of the Service.
d. It is the Customer’s responsibility to contact the Company within 24 hours of their scheduled cleaning to reschedule. The Customer will not be entitled to a refund if the Customer fails to reschedule the Service, at least 24 hours prior to the cleaning.
e. It is the Customer’s responsibility that the trash bins or dumpsters are located at the curb, visibly accessible, or otherwise noted to the Company, to be cleaned on their scheduled cleaning date unless special arrangements have been made and agreed to by the Company in advance.
f. In the event that the trash bins or dumpsters are not accessible, the Company will try to contact the Customer at the phone number provided by the Customer at the time of initial sign-up.
g. If trash bins are not out, or otherwise not accessible by the Company, the Company’s technicians will not knock on Customer’s door. The Company’s technicians will not go behind closed gates for safety reasons. If bins are not accessible, the Services will not be performed, and the Customer is not entitled to a refund.
h. Rotating trash bins or dumpsters is not permitted, and the same trash bin or dumpster noted in the initial sign up will be cleaned each month or quarter. The Customer may not share Services with neighbors.
i. If the Customer wants to add a new trash bin or dumpster to their account, the Customer may call, email or text the Company to update their account.
2.3. Condition of trash bins and dumpsters:
a. The Customer must ensure that all the trash bins, dumpsters or enclosures are empty with exception of small scraps of trash stuck to the bottom.
b. All trash bins, dumpsters or enclosures must be free of un-bagged animal waste and fecal material.
c. All trash bins, dumpsters or enclosures must be free of cooking oils, chemicals, wet paint, glue or other adhesive, or hazardous waste of any kind.
d. All trash bins, dumpsters or enclosures must be free of building materials, e.g., plaster, stucco, or concrete.
e. Other waste products, such as leaves, branches, etc., must be bagged and tied.
f. The Company aims to provide the best results with each cleaning; however, in some cases with bins or dumpsters that are extremely soiled, they may require more than one cleaning to achieve optimal cleanliness. For the most effective results, the Company strongly recommends sanitizing your bins or dumpsters on a regular, scheduled basis to prevent extreme buildup.
g. Failure to maintain the above conditions may result in contamination of the Company’s equipment and health hazards, and thus such trash bins, dumpsters or enclosures will not be cleaned, and the Service will not be completed, if the above conditions are not satisfied. The Customer will not be entitled to a refund in the event Services are not performed due to poor condition of the bins or dumpsters.
h. The Company is not a bin detailing service and is NOT responsible for the condition of the trash bins or dumpsters after cleaning, including, without limitation, for cracks, breaks, leaks, tears, scratches, or other damage to the bins or dumpsters.
3. COMPANY RESPONSIBILTIES:
3.1. The Company shall provide the Services per the subscription selected by the Customer, provided the Customer has satisfied all the conditions of this Agreement.
3.2. The Customer’s monthly or quarterly cleanings may not fall on exactly the same week or day. Holiday and scheduling may vary by week.
3.3. If the Company fails to provide its Services on the scheduled day of service for any reason, the Customer’s sole remedy is for the Company to arrange for the Service to be performed on the next possible date as agreed between the Customer and the Company.
3.4. In the event inclement weather prohibits the Company from performing a Service, a notice will be sent to the Customer and a reschedule date will be made. No refunds will be issued.
4. PAYMENT AND CHARGES:
4.1. The Customer agrees to pay all charges for the utilization of the Services for the selected package. All charges will be exclusive of value-added sales. The Company reserves the right to change prices or institute new charges for access to or use of the Service. Any changes in pricing will be communicated to the Customer. It will be the Customer’s option to continue the Service or to not renew the Service. Continued use of the Services or non-termination of the Customer’s account after any such changes are communicated to the Customer constitutes acceptance of the changes and/or revised charges.
4.2. Initial payment is processed on the day that the Customer signs up and then between the 1st and 5th of each month. Payments are automatically charged to the Customer’s debit card, credit card, or checking account. Should the payment not be received as scheduled, the Customer agrees to pay all amounts due upon demand from the Company, plus any applicable late fees and interest. In the event payments are not received by the Company after becoming due, Service Provider may charge interest on any such unpaid amounts at a rate of 1% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid.
4.3. In case of non-payment when due, an account will be deemed delinquent. Delinquent accounts will be suspended, and no Services will be scheduled until the account has been brought back into good standing.
4.4. If the Company’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, the Company shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by the Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
5. DEFAULT PAYMENTS:
5.1. The Company reserves the right to suspend or terminate the Customer’s Service without notice upon rejection of any credit or debit card charges or if the Customer’s card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes that the Customer is liable for the charges. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company. The Customer will also be liable for all chargeback fees and related costs and expenses the Company incurs.
6. CONTINUITY OF SERVICE:
6.1. The credit or debit card used to establish the Customer’s account will be automatically processed, in accordance with the Customer’s payment choice, the month prior to the Customer’s last paid Service. The Company will notify the Customer of any rate changes. The Customer must notify the Company before any changes to the
Customer’s credit or debit card or if the Customer decides not to continue with the Service.
6.2. Once the Customer has received and paid for the cleanings using a subscription service plan, the Customer may cancel a service plan upon 30-days’ notice with no further obligation.
6.3. The Company reserves the right to cancel the Customer’s Services and account for any reason, in its sole and absolute discretion, upon five (5) days’ prior notice to the Customer.
7. REPRESENTATIONS AND WARRANTIES
THE COMPANY REPRESENTS AND WARRANTS TO THE CUSTOMER THAT IT 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 ITS OBLIGATIONS UNDER THESE TERMS. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY OR NON-INFRINGEMENT. NO EMPLOYEE OR CONTRACTOR OF THE COMPANY IS AUTHORIZED TO CREATE ANY WARRANTY OR PROMISE OR MODIFY ANY PROVISION OF THESE TERMS.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE TO CUSTOMER 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY'S 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 TO THE COMPANY PURSUANT TO THIS AGREEMENT.
9. CONFIDENTIAL INFORMATION
The Customer agrees and understands that it is responsible for maintaining the confidentiality of passwords associated with any account it uses to access the Company service portal. Accordingly, the Customer agrees that it will be solely responsible to the Company for all activities that occur under its account. The Customer agrees that, in order to perform its obligations under these Terms, the Company may collect personal information about it. The Customer understands and agrees that the Company and its agents or service providers may monitor the activities of the Customer. Further, the Customer understands that privacy cannot be guaranteed on the Company service portal or other systems such as those used to provide the Services, and the Company shall not be liable for any claims, loss, damages or costs which may result from a lack of privacy. The Customer consents to the Company using information about Customer to (i) administer Services, (ii) provide information to third party service providers or other persons in response to a subpoena or other legal process, (iii) enforce these Terms, (iv) prevent fraud and respond to regulatory and legal requirements, or in conjunction with a government inquiry, or in litigation or dispute resolution, and (iv) share information with the Company’s affiliates for the purpose of providing the Customer with any promotional offers and marketing materials. The Company privacy policy applies to the Customer’s use of the Services and can be found at the Company website.
10. GENERAL
10.1. Force Majeure. Notwithstanding any other provision of these Terms, neither party shall be deemed in default of these Terms for delay, failure in performance, loss or damage due to any of the following force majeure events: fire, strike, embargo, explosion, interruptions or irregularities in power or connectivity, earthquake, nuclear accident, terrorism, volcanic action, flood, war, water, the elements, labor disputes, civil disturbances, the requirements of any government, civil or military authority, acts of God or public enemy, inability to obtain or secure products or transportation facilities, acts or omissions of common carriers or other causes beyond a Party’s reasonable control, whether or not similar to the foregoing. Force majeure may not be asserted by the Customer to excuse or suspend the Customer’s payment obligations.
10.2. Assignment. Neither Party may assign its rights or obligations under these Terms without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed, provided consent is not required in conjunction with the merger, transfer or sale of a majority of the Company’s outstanding voting capital stock or substantially all of its assets, or other transaction effecting a change of control, or the Company’s sale or assignment of accounts receivable or subcontracting any of its performance obligations hereunder. These Terms shall be binding upon and inure to the benefit of the Parties’ successors and permitted assigns.
10.3. Compliance with Laws; Indemnity. The Customer agrees that the Customer will comply with all applicable laws, statutes, regulations, ordinances, and rules of governmental authority, and the Customer shall indemnify, defend and hold the Company harmless from and against any claims, liability or loss (including reasonable attorney’s fees) arising out of any (i) breach by the Customer of these Terms, or (ii) asserted or established violation of said laws, statutes, regulations, ordinances or rules by the Customer or anyone the Customer authorizes.
10.4. Notices. Except as otherwise provided in these Terms, all notices or other communications hereunder to be effective shall be in writing and either delivered in person by a nationally recognized overnight delivery service (with delivery confirmed), or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the Customer at the address provided under the Customer account, and addressed to the Company at the address provided in the first page of these Terms. Notices shall be effective upon receipt (or first attempted delivery, if refused or unclaimed). Either Party may send a notice changing its address for receipt of notices under this Section.
10.5. No Third-Party Beneficiaries. These Terms and the Agreement is intended solely for the benefit of the Parties, their successors and permitted assigns. There are no express, implied, legal or equitable rights or benefits conferred upon any third party.
10.6. Survival. The expiration or termination of the Agreement shall not terminate vested rights of either Party unless the Agreement expressly specifies otherwise, or release either Party from any liabilities or obligations incurred prior to expiration or termination, or from obligations which by their express terms or by their nature are intended to survive expiration or termination in order to achieve the intent of the Parties.
10.7. Governing Law; Jurisdiction. These Terms and the Agreement are governed by and construed in accordance with the laws of the state of California. 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 California in each case located in the County of Ventura, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
10.8. 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.
10.9. Modification of these Terms. The Company may amend these Terms at any time by (a) posting a revised copy of the Agreement at the Company website, and/or (b) mailing or sending information regarding the amendment to the email address provided by the Customer to the Company at the time of initial sign-up. The Customer’s continuation of the Services without cancellation after any such revisions shall be deemed the Customer’s acceptance of such revisions and ratification of the new Agreement.
10.10. Modification of the Services. The Company reserves the right to modify the delivery of Services for the betterment of the Customers and the overall success of the service program.
10.11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior oral or written proposals, negotiations and agreements between the Parties relating to the subject matter.
