1 Definitions
As used in this Agreement, the following terms shall have the meanings ascribed to them below:
- "Company" means Bin Reborn, a residential receptacle cleaning service operating in Fort Worth, Texas 76179, together with its owners, operators, agents, and assigns.
- "Customer" means the individual or entity submitting a booking request for the Services, whether via the booking form at binreborn.com or by SMS text message.
- "Services" means the pressure washing, sanitization, and deodorization of residential waste and recycling receptacles, as more particularly described in Section 3.
- "Receptacle(s)" means the wheeled residential trash and/or recycling container(s) identified in the Customer's booking request, whether owned by the Customer, a municipality, or a waste-hauling contractor.
- "Service Address" means the street address supplied by the Customer in the booking request at which the Services are to be performed.
- "Effective Date" means the date and time at which the Customer indicates assent pursuant to Section 2.
2 Acceptance; Electronic Assent
By checking the box marked "I agree to the Terms & Conditions" on the Company's booking form and submitting a booking request, the Customer manifests assent to this Agreement. Such assent constitutes an electronic signature within the meaning of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and the Texas Uniform Electronic Transactions Act, Tex. Bus. & Com. Code ch. 322, and shall have the same force and effect as a handwritten signature. The date and time of assent are recorded and transmitted with the Customer's booking request. Where a booking is initiated by SMS text message, the Customer's confirmation of an appointment shall constitute equivalent assent to this Agreement.
3 Scope of Services
The Company shall provide exterior and interior pressure washing, sanitization, and deodorization of the Receptacles at the curbside or driveway of the Service Address. The Services are offered within Fort Worth, Texas (ZIP 76179) and surrounding areas, daily between the hours of 11:00 a.m. and 7:00 p.m. local time. The Company reserves the right, in its sole and absolute discretion, to decline any booking request, including without limitation requests originating outside its service area.
4 License to Enter; Use of Water Supply
The Customer hereby grants to the Company a limited, revocable, non-exclusive license to enter upon the Service Address — including the driveway, curb strip, and reasonable means of ingress and egress thereto — solely for the purpose of performing the Services. The Customer further authorizes the Company to connect to and draw water from the exterior water spigot, hose bibb, or equivalent outdoor water supply located at the Service Address, and acknowledges and agrees that:
- the cost of all water so consumed shall be borne solely by the Customer;
- the Customer represents and warrants that such water supply is functional, accessible, and lawfully available for the Customer's use; and
- should the Customer wish to withhold such authorization, the Customer must so indicate in the notes field of the booking request prior to the scheduled service, in which case the Company may reschedule or decline the Services without liability.
5 Customer Obligations
As a condition precedent to performance, the Customer shall:
- ensure that each Receptacle is completely empty of all refuse, recyclables, and other contents at the time of service;
- place the Receptacles at the curb, driveway, or other readily accessible location;
- disclose in the booking request any condition materially affecting performance, including without limitation gate codes, locked enclosures, animals at large, and irrigation schedules; and
- secure any pets away from the work area for the duration of the Services.
If, upon arrival, any Receptacle is not empty or not accessible, the Company may, at its election, reschedule the Services without penalty to either party or perform the Services on such Receptacles as are serviceable. The Company shall not under any circumstances handle, remove, or dispose of refuse.
6 Fees; Payment
- The fee for the Services is fifteen U.S. dollars (US $15.00) per Receptacle.
- Receptacles exhibiting heavy accumulation, buildup, or soiling — corresponding to a rating of four (4) or five (5) on the condition scale of the booking form, or as reasonably determined by the Company upon inspection — are subject to a surcharge of five U.S. dollars (US $5.00) per Receptacle.
- Any price displayed on the booking form is an estimate only and is not binding upon the Company until confirmed by SMS text message. The Company shall confirm the final price prior to commencing performance.
- Payment in full is due upon completion of the Services on the date of performance, unless otherwise agreed in writing (including by SMS). Accepted methods of payment are cash, Venmo, and Zelle. The Company does not collect or store payment card information, and no payment is collected through the website.
7 Scheduling; Cancellation; Force Majeure
- A booking request does not constitute a confirmed appointment. No appointment exists until the Company confirms the date and time by SMS text message.
- Either party may cancel or reschedule a confirmed appointment at any time prior to commencement of the Services, without charge or penalty, by SMS text message to the other party.
- The Company shall not be liable for any delay or failure of performance arising from causes beyond its reasonable control, including without limitation inclement weather, storms, freezing conditions, acts of God, illness, or municipal collection delays. In such event the appointment shall be rescheduled to the earliest mutually agreeable date, and no fee shall accrue for any visit at which Services are not performed.
8 Limitations of Service; No Guarantee of Outcome
The Customer acknowledges that certain conditions are permanent in nature and beyond the remedial capacity of pressure washing, including without limitation: staining absorbed into the polymer of the Receptacle; discoloration or fading caused by ultraviolet exposure or photodegradation; paint, adhesives, or melted or fused residue; and gouges, scratches, or other physical deformation. The Company does not represent, warrant, or guarantee that any particular stain, odor, mark, or condition will be removed or remediated, and the presence of any such residual condition following performance shall not constitute a breach of this Agreement nor entitle the Customer to any refund or setoff. The Company will not remove municipal labels, serial markings, or house-number markings from any Receptacle.
9 Pre-Existing Conditions; Claims
The Company shall exercise reasonable care in the handling of Receptacles and in its presence upon the Service Address. The Customer acknowledges that Receptacles may exhibit pre-existing wear, embrittlement, cracking, or damage, and agrees that the Company shall bear no responsibility or liability for any pre-existing condition, including without limitation cracked or broken lids, wheels, axles, hinges, or handles, or for the ordinary consequences of cleaning upon plastic already degraded by age or exposure. Any claim that the Services caused damage to a Receptacle or to the Service Address must be reported to the Company by SMS text message within forty-eight (48) hours of completion of the Services, and any claim not so reported within such period is irrevocably waived.
10 Disclaimer of Warranties
Except as expressly set forth herein, the services are provided "as is" and "as available," and the company disclaims all warranties, express or implied, statutory or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and workmanlike performance, to the maximum extent permitted by applicable law.
11 Limitation of Liability
To the maximum extent permitted by applicable law: (a) in no event shall the company be liable to the customer for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of use or loss of enjoyment, arising out of or in connection with this agreement or the services, regardless of the theory of liability and even if advised of the possibility of such damages; and (b) the company's total aggregate liability arising out of or relating to this agreement or the services shall not exceed the total amount actually paid by the customer to the company for the services giving rise to the claim. The parties acknowledge that the foregoing allocation of risk is reflected in the fees charged hereunder.
12 Indemnification
The Customer shall indemnify, defend, and hold harmless the Company from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Customer's breach of any representation, warranty, or obligation under this Agreement; (b) the presence of hazardous, toxic, medical, or otherwise dangerous materials or substances in or upon any Receptacle; (c) any animal at the Service Address; or (d) any defect in or failure of the water supply, fixtures, or premises at the Service Address, except to the extent any of the foregoing is caused by the gross negligence or willful misconduct of the Company.
13 Municipal and Third-Party Receptacles
Where any Receptacle is the property of a municipality or waste-hauling contractor, the Customer represents and warrants that the Customer is the authorized custodian of such Receptacle and possesses sufficient authority to permit its cleaning. The Customer shall be solely responsible for compliance with any applicable municipal ordinance or hauler policy respecting such Receptacle.
14 Photography; Marketing Release
The Customer grants the Company a perpetual, royalty-free, worldwide license to photograph the Receptacles before and after performance and to use, reproduce, and display such photographs for promotional and marketing purposes, including on the Company's website. The Company shall not publish any photograph disclosing the Customer's name, street address, house, or other personally identifying information. The Customer may revoke this license prospectively by written notice in the booking request, in which case no photographs shall be taken.
15 Term; Termination
This Agreement takes effect on the Effective Date and applies to the booking to which it relates and to any subsequent Services requested by the Customer while this version remains in effect. Either party may terminate this Agreement at any time upon notice to the other; provided that termination shall not affect obligations accrued prior to termination, including the obligation to pay for Services already performed. Sections 9 through 12 and 16 through 19 shall survive any termination of this Agreement.
16 Governing Law; Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties irrevocably consent to the exclusive jurisdiction and venue of the state courts situated in Tarrant County, Texas, for any dispute arising out of or relating to this Agreement, and waive any objection thereto on grounds of forum non conveniens or otherwise.
17 Severability; Waiver
If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect. No failure or delay by either party in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of that or any other right.
18 Entire Agreement; Amendments
This Agreement, together with the particulars of the Customer's booking request as confirmed by the Company, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral. The Company may amend these Terms and Conditions from time to time by posting a revised version at this page bearing a new version number and effective date; the version in effect at the time of the Customer's assent shall govern the booking to which such assent relates. No other amendment shall be effective unless agreed in writing by both parties.
19 Notices; Contact
Any notice permitted or required under this Agreement may be given by SMS text message or telephone to the Company at (817) 874-6434, or to the Customer at the telephone number supplied in the booking request. Inquiries concerning this Agreement may be directed to the Company at the same number. Bin Reborn · Fort Worth, Texas 76179.
Execution
To execute this Agreement, return to the booking form, check the box marked "I agree to the Terms & Conditions," and submit your booking request. Your assent, together with its date and time, will be recorded with your booking.
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