TERMS OF USE

The following Terms of Use is a legal contract between a Customer and Garbage Gurus:

These Terms and Conditions form a binding contract between You, the Customer, and Garbage Gurus for Trash and Recycling Service (the “Service” to be performed at the Property Address provided by the Customer (the “Premises”).

TERMS AND CONDITIONS

A.        Services.

            (1)       Time of Service. You will be assigned a day your trash and recycling will be collected based on where the Premises is located (the “Service Day”). The currently scheduled Service Day are posted on the Garbage Gurus Website.

            (2)       Changes to Service Days. For purposes of efficiency and maintaining the best possible Customer service at a reasonable price, Garbage Gurus may from time to time and at its sole discretion need to change the Customer’s Service Days. Garbage Gurus will notify Customers in advance of any such changes.

            (3)       2023 Holidays. Garbage Gurus will not collect trash or recycling on January 1st, May 29th, July 4th, September 4th, and December 25th.  2024 Holidays.  Garbage Gurus will not collect trash, recycling or food scraps on January 1st, May 27th, July 4th, September 2nd, and December 25th.  If your pick up day falls on or after one of those dates in the same week, your Service Days will be delayed by one day.

            (4)       Service Delays. Service Days and times are not guaranteed and may from time to time be affected by conditions including but not limited to, weather, road conditions, traffic, safety concerns, or other reasons without notice to the Customer. In such circumstances Garbage Gurus will use reasonable efforts to notify the Customer about the delay, if possible, and reschedule Service as soon as practical. Garbage Gurus reserves the right to cancel Service at any time for any reason. In the event of such cancellation, Garbage Gurus will notify and credit the Customer for any services not provided.

            (5)       Valet Completion-of-Service. Upon completion of Service, Garbage Gurus will notify the Customer via text at the mobile telephone number provided with a message similar to, “your garbage has been collected,” or, “your garbage and recycling has been collected.” Pictures of the Customer’s empty garbage cart(s) and closed garage door may be sent to give the Customer peace of mind that the Service has been completed and that your Premises is as safe and secure as we found it.

            (6)       Off-Day Pick ups. The Customer may request trash or recycling removal services at a location and on a day outside regularly scheduled Service Days for an additional fee subject to availability.

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            (7)       Garbage and Recycling Can Leasing and Rental. Customers have the option to rent a 32, 64 or 96 gallon trash or recycling cars (“Rental Cart”). All Rental Carts shall remain the property of Garbage Gurus. The Customer is responsible for any theft or damage to a Rental Cart other than normal wear and tear during the time it is in the Customer’s possession. Upon termination of this Service, Rental Carts shall be completely emptied and set out for pick up by Garbage Gurus. Customer agrees to pay $35 for a delivery fee and $35 for a collection fee upon terminating service.  Customer expressly grants Garbage Gurus permission to access the same area of the Premises in which the carts were located for the provision of these Services in order to retrieve any Rental Carts.  Garbage Gurus will notify the customer of the date on which cans will be retrieved at least 24 hours in advance. Customer is responsible to ensure access to the Rental Carts for retrieval under the same terms and conditions as provided herein for the Services.  Carts that cannot be returned for any reason, or cannot be retrieved by Garbage Gurus due to lack of access, will be charged a purchase fee of $105 for a 32-gallon cart, $130 for a 64-gallon cart and $155 for a 96-gallon cart. Upon payment of the purchase fee, the Rental Cart shall become property of the Customer.

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B.        Payment.  

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Monthly payment must be set up for autopay by keeping credit or debit card information on file. It is the Customer’s responsibility to maintain accurate payment information and timely notify Garbage Gurus regarding any changes in payment information.  Failure of the Customer to make timely payment may result in suspension of Service without further notice to the Customer.

(1)           Monthly Billing – Customer agrees to make an automated and reoccurring payment by debit card or credit card through the Garbage Gurus website.  Reoccurring monthly payments will follow according to the initial payment date. By selecting monthly payments, Customer is authorizing Garbage Gurus to make automatic payments.

C.        Customer Obligations.

            (1) Access.      Garbage Gurus has permission of the Customer to enter the Premises, such as a garage, utility room, or a shed, on an ongoing basis as requested by the homeowner for the sole purpose of collecting bagged trash from garbage carts or loose, single-stream, recycling from a separate recycling cart. Customer is responsible to provide keys, FOBs, entry codes or any information or tool necessary for Garbage Gurus to access the area Customer desires the trash and recycling to be removed from. Customers are solely responsible for maintaining properly functioning doors, locks, and technology for Garbage Gurus to gain access to the carts.

            (2) No Obstructions. Garbage or recycling carts must be free from obstruction and cleanly accessible. Customer is solely responsible to ensure that the cans are not obstructed by vehicles, bikes, ski equipment or other objects. Driveways and access to trash carts must be plowed and in a condition safe for drivers and equipment. Unusually long, steep or otherwise difficult-to-navigate driveways and foot access may incur a per pick up surcharge, a monthly winter surcharge, or may be excluded from Service at the sole discretion of Garbage Gurus. If access to carts is blocked, obstructed, or unsafe, Garbage Gurus will not remove the trash or recycling and notify the Customer of the reason. Garbage Gurus will return to collect the trash and recycling on the next scheduled Service Day.

            (3)       Universal Carts Required. Weekly and biweekly, trash and recycling services cover only the handling of trash and recycling carts with a universal design including a functional tipper lip and bar for semi-automated collection with a waste truck lifter. Use of carts without a functional tipper lip and bar will incur an additional handling fee of $20 per pick up. Upon request Garbage Gurus may provide a garbage carts. Trash left in bags outside of cans will incur an additional handling fee of $20 plus $5 per bag (standard kitchen 13-gallon).  Extra cart service is available and may be a more cost effective alternative.

            (4) All Trash Must be Bagged. Loose trash creates safety hazards and equipment malfunctions and leads to an increased possibility of litter escaping while hauling throughout Summit County. Un-bagged trash will be documented with a photo and Customers will be assessed an additional $20 handling fee or un-bagged trash may be entirely left behind at the sole discretion of the Garbage Gurus. Any loose items or garbage bags resting beside a garbage cart will be understood and handled as garbage regardless of what it is. It is the Customer’s sole responsibility to keep the area around trash carts free of items that are not trash. In no circumstance may Garbage Gurus be held responsible or liable for items or bags left in the vicinity of carts that are mistaken for trash.

            (5)       Single-Stream Recycling Must be Placed in Carts and Un-bagged. Garbage Gurus, bi-weekly, single-stream, recycling services exclusively cover handling of recycling cans filled with “single-stream items” as determined by Summit County.  Single-stream items include plastic bottles, jugs and tubs (#1 through #7), newspaper, office paper, magazines, cardboard & paperboard, aluminum and tin cans.  ABSOLUTELY, NO GLASS, NO PLASTIC BAGS and NO TRASH are allowed in single-stream recycling in Summit County. The presence of any these items will contaminate the lot and may result in recycling be reassigned as trash by Summit County. Garbage Gurus handlers will assess the contents of the recycling cart, but will not separate prohibited items from acceptable recycling. Contaminated recycling may be left behind on recycling day and if the Customer has trash service the contaminated lot may be picked up as garbage on the next trash removal day and the Customer notified.

            (6)       Glass-Only Recycling Must be Placed in Totes and Un-bagged. Garbage Gurus glass-only recycling service exclusively covers handling of recycling totes filled with acceptable glass bottles and jars of any color. Glass-only recycling service is only available to Customers with trash service or single-stream recycling service. The presence of any items other than glass bottles or jars will contaminate the lot and will result in recycling being reassigned as trash by Summit County.  Garbage Gurus handlers will assess the contents of the recycling tote, but will not separate prohibited items from acceptable recycling. Contaminated recycling will be left behind on recycling day and if the Customer has trash service the contaminated lot will be picked up as garbage on the next trash removal day and the Customer notified.

            (7)       Prohibited Items.  Electronic waste, concrete, ceramic tile, solid metal, iron, paints, gasoline, chemicals, drywall and other construction debris may not be disposed of with household waste and will be left behind. Pursuant to Colorado law, C.R.S. § 25-17-303, Summit County requires recycling of electronic waste, including but not limited to: television sets, central processing units (CPUs), printers, fax machines, laptops, ultrabooks, net books, electronic tablets, DVD players, VCRs, video display devices with a screen greater than four (4) inches measured diagonally. Garbage Gurus may handle and remove such items for an additional expense. Customers may contact Garbage Gurus for a removal quote or can find information on the requirements for disposing of electronic waste in Summit County at https://www.summitcountyco.gov/531/Electronic-Waste.

            (8)       Vacation Property Visitors and Guests. Customers are solely responsible for their visitors’ and guests’ compliance with the terms and conditions of this Section C.

            (9)       Breach of Customer Obligations. In the event Customer fails to comply, with this section the Customer will be notified of the violation and Garbage Gurus may not collect trash or recycling until the non-compliance is cured. In no circumstance will the Customer be entitled to any refund, credit, additional service or any other consideration in the event Customer fails to comply with the provisions of this Section C. Garbage Gurus will collect any left behind trash or recycling on the next Service Day. Customer may request Garbage Gurus to return prior to the next Service Day for payment of an additional fee.

D.        Termination.

            (1)       Termination by Garbage Gurus.    Garbage Gurus reserves the right to terminate this contract at any time upon notice. Customer will be responsible for payment of all services rendered. Customer will be refunded payments for services not rendered within 15 days of termination.

            (2)       Termination by Customer.  Customer may cancel coverage at any time upon 2 days notice to Garbage Gurus. Customer initiated cancellations will receive a refund for any service not provided less a $5 internal processing fee plus a 3% credit card processing fee if a credit card was used for the most recent payment. Any discounts applied at the time of payment will be removed and refunded amounts will be calculated at the current standard monthly rates. Refunded amounts will be issued by check to the Customer address on file or another address as specified in writing by the Customer. Refund checks may take up to fifteen (15) days to process.  USPS delivery of the check may take up to an additional seven (7) to ten (10) days.

E.        Customer Use of Garbage Gurus Website. 

You may use our site and services only as permitted by law. Customer’s use of the website may be terminated or suspended at the sole discretion of Garbage Gurus. 

F.         Dispute Resolution:

Garbage Gurus wants its Customers to be completely satisfied with its services.  In the event an issue cannot be solved between the Customer and front-line employees, the Customer may request to bring the attention of management staff. Upon request Management staff will contact the Customer within 48 hours to discuss and explore possible resolutions.

            (1)       Venue, Choice of Law and Waiver of Jury Trial: These Terms of Service and the Services provided for herein will be governed and construed in accordance with the laws of the state of Colorado, without regard to such state’s principles of conflicts of law. By agreeing to these Terms and Conditions the parties agree and consent to the personal and exclusive jurisdiction, and proper venue for any and all claims relating to or arising out of this contract is in the courts located in Summit County, Colorado. The parties expressly waive their right to trial by jury.

            (2)       Attorney Fees and Costs of Collection.  In the event Garbage Gurus is required to collect payment due from Customer, Garbage Gurus shall be entitled to collect form Customer all attorney fees and costs incurred in such collection.

G.        Limitation of Liability

Notwithstanding anything to the contrary in this Agreement, Garbage Gurus (including its employees, contractors, officers, owners, representatives and agents) shall not have any liability to Customer, its guests, occupants, family members, or any third party as a result of, in connection with, arising from, or related to these Terms of Services and/or the Services provided for or arising under this Agreement except to the extent any party incurs losses resulting from the willful and wonton misconduct of Garbage Gurus. Subject to the foregoing and applicable law, Garbage Gurus sole liability, and Customer’s sole and exclusive remedy in connection with any claim, shall be recovery of any fees paid by Customer for the Services provided. In no event shall the total aggregate liability of Garbage Gurus, its employees, contractors, officers, owners, representatives and agents, whether based in tort, contract, warranty, misrepresentation or otherwise, exceed the amounts paid by Customer during the term of this Agreement.  In no circumstance shall Garbage Gurus, its representatives and agents be held liable for treble, punitive, incidental and/or consequential damages.

H.        Other Provisions

            (1).      Complete Agreement:  This Agreement represents the complete and final understanding between Garbage Gurus and the Customer.  Changes and modifications must be made in writing and signed by all parties.

            (2).      Survival.         The terms of sections F, G and H shall survive termination of this agreement.