Terms & Conditions

Service Agreement | Terms & Conditions | Privacy Policy

SERVICE PROVIDER (ALLWASTE SOLUTIONS, LLC) and CUSTOMER(S) (YOU, THE CUSTOMER, WHETHER OR NOT YOU ARE ACTING AS AN INDIVIDUAL, INDIVIDUALS, OR ON BEHALF OF A LIMITED LIABILITY COMPANY, CORPORATION, NON-PROFIT CORPORATION, SOLE PROPRIETORSHIP, LIMITED LIABILITY PARTNERSHIP, OR ANY OTHER PERSON(S) OR ENTITY POSSESSING LEGAL CAPACITY TO ENTER INTO A CONTRACT) are each referred to herein as a “Party” and, collectively, as the “Parties.”

NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the CUSTOMER hires the SERVICE PROVIDER to work under the terms and conditions hereby agreed upon by the Parties.

TERM. The term of this Agreement shall be effective immediately upon payment of service and shall endure throughout the term of service (selected by Customer at time of payment) AND IN ACCORDANCE WITH AND SUBJECT TO ALLWASTE CUSTOMER SERVICE AGREEMENT AND CUSTOMER SERVICE SUMMARY.

PAYMENT. The CUSTOMER agrees to pay to the SERVICE PROVIDER (in addition to the initial payment amount) the following MINIMUM amounts (which may be higher, but not lower, upon online checkout) for the Service performed under this Agreement:

FRONT END SERVICE

$50.00………………………….…………………………………………………………….EXTRA PICKUP FEE (PER PICKUP)

$100.00…………..…………………………………………………………………OVERFILL FEE (LID UNABLE TO CLOSE)

$250.00………………..HAZARDOUS/UNPERMITTED ITEMS FEE (PER ITEM; $2,500.00 MAX CHARGE)

$250.00………..…………………………………………………………..…………………….RELOCATION FEE (PER ITEM)

$10.00…………………………….……………………………………………………………………………..LATE FEE (PER DAY)

35% OF INITIAL SERVICE PAYMENT AMOUNT……….……………..”DRY RUN” FEE (PER OCCURRENCE)

ROLL OFF SERVICE

$50.00……………………………………………………………………………TONNAGE FEE (OVER 3 TONS; PER TON)

$10.00……………………………………………………………………PER DIEM CHARGE (OVER 14 DAYS; PER DAY)

$500.00………………..HAZARDOUS/UNPERMITTED ITEMS FEE (PER ITEM; $2,500.00 MAX CHARGE)

$500.00…………………………………………………………………………………..……………..CONCRETE/CEMENT FEE

$2,900.00…………………….……..CREOSOTE FLAT FEE (TOTAL CHARGE; INCLUDES UNIT & TONNAGE)

$250.00………………………………………………………………….………………………..RELOCATION FEE (PER UNIT)

35% OF INITIAL SERVICE PAYMENT AMOUNT……….……….……..”DRY RUN” FEE (PER OCCURRENCE)

100% OF INITIAL SERVICE PAYMENT AMOUNT...OVERFILL FEE (CONTENTS EXCEED UNIT HEIGHT)

1.(a) SERVICE GUARANTEE. We guarantee our Services (as defined below). If Allwaste (hereinafter referred to as “Company”) fails to perform Services in accordance with the agreed upon service summary (the “Service Summary”), and Company does not remedy such failure within seven (7) business days of its receipt of a written demand from Customer, Customer may immediately terminate this Agreement without penalty.

(b) SERVICES RENDERED; WASTE MATERIALS. Customer grants to Company the exclusive right, and Company through itself and its Affiliates shall furnish equipment and services, to collect and dispose of and/or recycle (collectively, the “Services”) all of Customer's Waste Materials at Customer’s Service Address(es) listed on the agreed upon Service Summary, subject to the terms and provisions contained herein (collectively, with the Service Summary, the “Agreement”). If Customer changes its Service Address(es), this Agreement shall remain valid and enforceable with respect to Services rendered at Customer's new service location(s) if such location(s) is/are within Company's service area. Customer represents and warrants that the materials to be collected under this Agreement shall be only "Waste Materials" as defined herein. For purposes of this Agreement, "Waste Materials" means all non-hazardous solid waste, organic waste, and if applicable, Recyclable Materials (as defined in Section 12) generated by Customer or at Customer's Service Address(es). Waste Materials excludes, and Customer agrees not to deposit or permit the deposit for collection of

(i) any waste tires,

(ii) radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, biohazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations,

(iii) any materials containing information protected by federal, state or local privacy and security laws or regulations (unless tendered to Company pursuant to an additional Exhibit L to this Agreement),

(iv) any other items or material prohibited by federal, state or local laws or regulations, or that could adversely affect the operation or useful life of the facility(ies) receiving Customer’s Waste Materials, or

(v) Special Waste not approved in writing by Company (collectively, "Excluded Materials"). Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Customer's Waste Materials is transferred to Company upon Company's receipt or collection unless otherwise provided in this Agreement or applicable law.

2. (a) CONTRACT TERM. The Initial Term and any subsequent Renewal Term of this Agreement (collectively, the “Contract Term”) is set forth on the Service Summary. Unless otherwise specified on the Service Summary, at the end of the Initial Term and any subsequent Renewal Term, the Contract Term shall automatically renew for an additional Renewal Term at the then current Service levels and applicable Charges, unless

(i) for a Renewal Term of twelve (12) months or more, either party gives to the other party written notice of termination at least thirty (30) calendar days, but not more than ninety (90) calendar days, prior to the termination of the then-existing term, and

(ii) for a Renewal Term of less than twelve (12) months, either party gives to the other party written notice of termination at least thirty (30) calendar days prior to the termination of the then-existing term. Notice of termination received at any other time will be considered ineffective and the Agreement will be considered automatically renewed upon completion of the then-existing term.

3. TERMINATION RIGHTS. Notwithstanding the foregoing, this Agreement can be terminated prior to the end of the Initial Term or a Renewal Term as follows:

(a) by Customer (with no obligation to pay liquidated damages as provided in Section 7),

(i) if Company fails to satisfy the Service Guarantee provided in Section 1(a) or

(ii) pursuant to Section 4(c) if Company increases the Charges payable by Customer hereunder with a Consensual Price Increase;

(b) by Customer with thirty (30) calendar days prior written notice to Company, subject to Customer’s obligation to pay liquidated damages as provided in Section 7 no later than thirty (30) calendar days after written notice of termination;

(c) by Company,

(i) if as a result of Customer’s breach of Section 5, Company suspends Services for more than fifteen (15) days, or

(ii) if Customer fails to cure any other breach of its obligations under this Agreement within seven (7) business days of its receipt of written demand from Company to cure such breach; and

(d) by Company, with at least fifteen (15) calendar days prior written notice to the Customer, any time after Customer retains, designates or appoints a broker or agent to act for Customer, or manage its Services, under this Agreement. In order to move containers in a safe, secure and orderly fashion, Company shall have up to seven (7) business days to remove any equipment from Customer’s service location(s) after the effective date of the termination of this Agreement.

4. (a) CHARGES; ADDITIONAL SERVICES; CHANGES. The initial and recurring charges, fees and other amounts payable by Customer (“Charges”) for Services and/or equipment furnished by Company to Customer are set forth on the Service Summary. Company also reserves the right to charge Customer additional Charges for additional Services provided by Company to Customer, whether requested or incurred by Customer, including, but not limited to, container relocation or removal; account reactivation services; extra pickups or trip charges; container overages and overflows; and equipment repair and maintenance, all at such standard prices or rates that Company is charging its customers in the service area at such time. In the event that a roll-off unit is deemed by Company to be overfilled (contents of container exceeds height of container, thus disabling the ability of container and its contents to be successfully covered and secured, as per Department of Transportation and Development (D.O.T.D.) law(s) pertaining to companies engaged in the disposal of solid waste in the state of Louisiana) by Customer, Company shall be required to dispatch an additional container unit to the premises in order to comply with aforementioned laws, rules, and requirements, and Customer shall be required to remove the excess (overfill) waste from the initial container unit and place it into the additional container unit(s); Customer shall be charged an Overfill Fee (as disclosed Section 4(b) of Customer Service Summary), as well as any changes in the frequency of collection, collection schedule, number, capacity and/or type of equipment, the terms and conditions of this Agreement, and any changes to the Charges payable under this Agreement (including any Consensual Price Increase or Negotiated Price Adjustment), may be agreed to orally, in writing or by other actions and practices of the parties, including, without limitation, electronic or online acceptance or payment of the invoice reflecting such changes, and written notice to Customer of any such changes and Customer’s failure to object to such changes, which shall be deemed to be Customer’s affirmative consent to such changes.

(b) PERMITTED PRICE INCREASES. Company reserves the right, and Customer acknowledges that it should expect Company to increase or add Charges payable by Customer hereunder during the Contract Term:

(i) for any changes or modifications to, or differences between, the actual equipment and Services provided by Company to Customer and those specified on the Service Summary;

(ii) for any changes or difference in the composition, amount or weight of the Waste Materials collected by Company from Customer’s service location(s) from what is specified on the Service Summary (including for container overages or overflows);

(iii) for any increase in or other modification made by Company included or referenced in the Service Summary;

(iv) to cover any increases in disposal, processing, and/or transportation costs,

(v) to cover increased costs due to uncontrollable circumstances, including, without limitation, changes (occurring from and after three (3) months prior to the Effective Date) in local, state, federal or foreign laws or regulations (or the enforcement, interpretation or application thereof), including the imposition of or increase in taxes, fees or surcharges, or acts of God such as floods, fires, hurricanes and natural disasters.

(c) CONSENSUAL PRICE INCREASES. Without limiting the foregoing, Company also reserves the right to seek, and Customer acknowledges that it should expect Company to seek, increases in the Charges payable by Customer hereunder for reasons not specifically permitted in Section 4(b) (a “Consensual Price Increase”). If Customer does not accept the Consensual Price Increase, Customer’s sole right and remedy shall be to terminate this Agreement by written notice to Company no later than thirty (30) calendar days after Company notifies Customer of such Consensual Price Increase. Customer’s failure to terminate this Agreement (within the 30-day period) shall be construed as Customer’s acknowledgement that the continuation of the Services by Company hereunder is good, valuable and sufficient consideration for the Consensual Price Increase. Notwithstanding the foregoing, the parties may, but are not obligated to, agree to a different increase or adjustment to Customer’s Charges (a “Negotiated Price Adjustment”) as a result of a Consensual Price Increase. Absent a Negotiated Price Adjustment, the Consensual Price Increase shall be binding and enforceable against Customer under this Agreement unless the Customer terminates this Agreement (within the 30-day period) as described above. Customer’s agreement to a Consensual Price Increase or Negotiated Price Adjustment may be evidenced pursuant to Section 4(a), and the parties agree that this Agreement with such modified Charges will continue in full force and effect.

5. INVOICES; PAYMENT TERMS. Company shall send all invoices for Charges and any required notices to Customer under this Agreement to Customer’s billing address specified in the Service Summary, unless Customer elects to be billed or receive notices electronically or by e-mail, in which case, all Customer invoices and notices also may be delivered in accordance with Customer’s electronic billing or email instructions. Customer shall pay all invoiced Charges within thirty (30) calendar days of the invoice date. Any Customer invoice balance not paid within thirty (30) calendar days of the date of invoice is subject to a late charge, and any Customer check returned for insufficient funds is subject to a non-sufficient funds charge, both to the maximum extent allowed by applicable law. Customer acknowledges that any late charge charged by Company is not to be considered as interest on debt or a finance charge and is a reasonable charge for the anticipated loss and cost to Company for late payment. If payment is not made when due, Company retains the right to suspend Services until the past due balance is paid in full. In addition to full payment of outstanding balances, Customer shall be required to pay a reactivation charge to resume suspended Services. If Services are suspended for more than fifteen (15) calendar days, Company may immediately terminate this Agreement for default and recover any equipment and all amounts owed, including liquidated damages under Section 7.

6. EQUIPMENT, ACCESS. All equipment furnished by Company shall remain its property; however, Customer shall have care, custody and control of the equipment and shall be liable for all loss or damage to the equipment and for its contents while at Customer's service location(s). Customer shall not overload, move or alter the equipment or allow a third party to do so, and shall use it only for its intended purpose. At the termination of this Agreement, Company’s equipment shall be in the condition in which it was provided, normal wear and tear excepted. Customer shall provide safe and unobstructed access to the equipment at all times. Company may suspend Services or terminate this Agreement in the event Customer violates any of the requirements of this provision. Customer shall pay, if charged by Company, any additional Charges, determined by Company in its sole discretion, for overloading, moving or altering the equipment or allowing a third party to do so, and for any service modifications caused by or resulting from Customer's failure to provide access. Customer warrants that Customer's property is sufficient to bear the weight of Company's equipment and vehicles and agrees that Company shall not be responsible for any damage to Customer's property resulting from the equipment or Services.

7. LIQUIDATED DAMAGES. In the event Customer terminates this Agreement prior to the expiration of the Initial or Renewal Term for any reason other than as set forth in Section 3(a), or in the event Company terminates this Agreement for Customer's default pursuant to Section 3(c), Customer shall pay the following liquidated damages in addition to Company's legal fees, if any:

(a) if the remaining Contract Term (including any applicable Renewal Term) under this Agreement is six (6) or more months, Customer shall pay the average of its six (6) monthly Charges immediately prior to default or termination (or, if the Effective Date is within six (6) months of Company’s last invoice date, the average of all monthly Charges) multiplied by six (6); or

(b) if the remaining Contract Term is less than six months, Customer shall pay the average of its six (6) most recent monthly Charges multiplied by the number of months remaining in the Contract Term. Customer acknowledges that the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Company resulting therefrom, and such liquidated damages payment is an agreed upon charge for Customer’s early termination or breach of contract and is not imposed as a penalty. In addition to and not in limitation of the foregoing, Company shall be entitled to recover all losses, damages and costs, including attorneys’ fees and costs, resulting from Customer’s breach of any other provision of this Agreement in addition to all other remedies available at law or in equity.

8. INDEMNITY. Customer agrees to indemnify, defend and save Company and its Affiliates harmless from and against any and all liability which Company and its Affiliates may suffer, incur or pay as a result of any bodily injuries (including death), property damage or violation of law to the extent caused by Customer's breach of this Agreement or by any negligent act or omission or willful misconduct of Customer or its employees, agents or contractors or Customer's use, operation or possession of any equipment furnished by Company.

9. RIGHT TO PROVIDE COMPETING OFFERS. If Customer receives an offer from (or makes any offer to) a third party relating to such third party’s provision to the Customer of the same or similar Services to those provided hereunder, Customer shall give Company prompt written notice of any such offer and a fifteen (15) business day period to respond to such third party offer prior to Customer agreeing to such third-party offer.

10. DISPUTE RESOLUTION-ARBITRATION AGREEMENT Except for those claims expressly excluded below (EXCLUDED CLAIMS), Customer and Company agree that any and all existing or future controversy or claim between them arising out of or related to this Agreement or any prior agreements between the parties, whether based in contract, law or equity or alleging any other legal theory, or arising prior to, in connection with, or after the termination of this Agreement or any other agreements, shall be resolved by mandatory binding arbitration.

CLASS ACTION WAIVER: Customer and Company agree that under no circumstances, whether in arbitration or otherwise, may Customer bring any claim against Company, or allow any claim that Customer may have against Company to be asserted, as part of a class action, on a consolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of Company.

EXCLUDED CLAIMS: The following are not subject to mandatory binding arbitration:

(a) Company’s claims against Customer for collection or payment of Charges, damages (liquidated or otherwise) or any other amounts due or payable to Company by Customer under this Agreement or any prior agreements between the parties.

11. INSOLVENCY OR BANKRUPTCY. Upon the filing of a bankruptcy, receivership or respite petition by or against Customer, or upon Customer’s suspension, failure or insolvency, the amount for any unexpired term of this Agreement shall immediately become due. Failure to strictly and promptly enforce these conditions or any conditions set forth within Agreement shall not operate as waiver of Company’s rights, Company expressly reserving the right to always enforce prompt payment of Customer’s financial obligations, or to cancel this Agreement, regardless of any indulgences or extensions previously granted.

12. COLLECTIONS, NON-WAIVER, ATTORNEY’S FEES. Company shall reserve the right to demand payment in full at any time from Customer. If Customer is not in compliance with accepted terms of his financial obligations as per Agreement, Company further reserves the right to collect any and all past due outstanding amounts by any and all legal means necessary to satisfy such debt owed to Company. Neither acceptance of payment(s) by Company nor failure by Company to complain of any action, non-action, or default of the Customer whether singular or repetitive shall constitute a waiver of rights or either a subsequent default of same obligation or any other default. In the event that either party hereto shall bring legal action against the other party, Customer agrees that Company shall be entitled to reimbursement from the Customer for any and all expenses incurred, including but not limited to reasonable attorney’s fees, court costs, payment of Customer’s past due financial obligations, which may include interest and penalty charges, if such charges do apply, as per Agreement, and reimbursement to Company for any and all labor costs related thereto.

13. MISCELLANEOUS. (a) Except for the obligation to make payments hereunder for Services already performed, Company shall not be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, acts of God, and the inability to obtain equipment, and Company shall be excused from performance during the occurrence of such events.

(b) This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns.

(c) The terms, conditions and disclosures set forth are incorporated by reference and made a part hereof (as such terms, conditions and disclosures may be changed or modified from time to time, effective from such change or modification). In addition to, and not in limitation of, the foregoing, the terms and provisions of this Agreement may be amended and modified as agreed to by the parties as provided in Section 4(a). Subject to the foregoing, this Agreement represents the entire agreement between the parties and supersedes any and all other agreements for the same Service(s) at the same Customer location(s) covered by this Agreement, whether written or oral, that may exist between the parties.

(d) This Agreement shall be construed in accordance with the law of the state of Louisiana.

(e) All written notification to Company required by this Agreement shall be effective upon receipt and delivered by Certified Mail, Return Receipt Requested, courier or by hand to Company’s address on the first page of the Service Summary, provided that Company may provide written notice to Customer of a different address for written notice to Company.

(f) If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be severed from and shall not affect the remainder of this Agreement; however, the parties shall amend this Agreement to give effect, to the maximum extent allowed, to the intent and meaning of the severed provision.

(g) In the event Company successfully enforces its rights against Customer hereunder, Customer shall be required to pay Company's attorneys' fees and court costs.

(h) Notwithstanding the termination of this Agreement, Sections 6, 7, 8, 10, 11, and Customer’s obligation to make payments for all Charges and other amounts due or payable hereunder through the termination date shall survive the termination of this Agreement.

(i) The term “Affiliate” means with respect to any specified party, any corporation, limited liability company, partnership or other legal entity, directly or indirectly, controlled by, controlling or under common control with such specified party, with “control” meaning, directly or indirectly, the power to direct or cause the direction of the management and policies of such legal entity, whether through the ownership of voting securities, by contract or otherwise.

(j) “business day” means Monday through Friday, excluding bank holidays.

(k) “calendar day” means each day shown on the calendar beginning at 12:00 Midnight, including Saturdays, Sundays and bank holidays.

This website is owned by Allwaste Solutions, LLC, which is a data controller of your personal data.

We have adopted this Privacy Policy, which determines how we are processing the information collected by Allwaste, which also provides the reasons why we must collect certain personal data about you. Therefore, you must read this Privacy Policy before using Allwaste website.

We take care of your personal data and undertake to guarantee its confidentiality and security.

Personal information we collect:

When you visit the Allwaste, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the installed cookies on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products you view, what websites or search terms referred you to the Site, and how you interact with the Site. We refer to this automatically-collected information as “Device Information.” Moreover, we might collect the personal data you provide to us (including but not limited to Name, Surname, Address, payment information, etc.) during registration to be able to fulfill the agreement.

Why do we process your data?

Our top priority is customer data security, and, as such, we may process only minimal user data, only as much as it is absolutely necessary to maintain the website. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding website usage. This statistical information is not otherwise aggregated in such a way that it would identify any particular user of the system.

You can visit the website without telling us who you are or revealing any information, by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the website’s features, or you wish to receive our newsletter or provide other details by filling a form, you may provide personal data to us, such as your email, first name, last name, city of residence, organization, telephone number. You can choose not to provide us with your personal data, but then you may not be able to take advantage of some of the website’s features. For example, you won’t be able to receive our Newsletter or contact us directly from the website. Users who are uncertain about what information is mandatory are welcome to contact us via contact@myallwaste.com.

Your rights:

If you are a European resident, you have the following rights related to your personal data:

• The right to be informed.

• The right of access.

• The right to rectification.

• The right to erasure.

• The right to restrict processing.

• The right to data portability.

• The right to object.

• Rights in relation to automated decision-making and profiling.

If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example, if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information might be transferred outside of Europe, including Canada and the United States.

Links to other websites:

Our website may contain links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for such other websites or third parties' privacy practices. We encourage you to be aware when you leave our website and read the privacy statements of each website that may collect personal information.

Information security:

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We keep reasonable administrative, technical, and physical safeguards to protect against unauthorized access, use, modification, and personal data disclosure in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.

Legal disclosure:

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Contact information:

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to contact@myallwaste.com.