The following Terms and Conditions (“Agreement,” “Terms,” or “Conditions”) is between SimplyCans LLC (“SimplyCans ,” “our,” “us,” or “we”) and any user of its www.simplycans.com website(s) (such website(s) and related functionality, the “Website”). By accessing, browsing and using the website, you (“you” or “your”) agree that you have carefully read, understand and accept this Agreement. If you do not agree with this Agreement or any Terms or Conditions referenced in the Agreement, do not use the Website.
You may only use the Website for its intended purpose and in accordance with the Terms and Conditions. You may not restrict or inhibit any other person from enjoying or using the Website. You must not transmit any worms, viruses or any code that is destructive in nature. You agree not to post, modify, distribute, or reproduce in any way copyrighted material, trademarks, or other proprietary information without obtaining prior written consent from the owner. You understand that certain information may be transferred unencrypted and involve transmissions over various networks and may change to conform and adapt to technical requirements of connecting networks or devices. We or our contractors may monitor your use of the Website.
In order for SimplyCans to provide its service you must abide by the following conditions to ensure uninterrupted service. Bins must be easily accessible to us on scheduled service day. Bins must be free of excessive cooking, motor oils or un-bagged animal waste. Bins must be free of chemicals, fresh paint, glue, or other adhesive, or hazardous waste of any kind. Bins must be free of building materials such as concrete, plaster and wood. If possible we would prefer to have trash bins empty. If for any reason the service person feels that the bin condition is not conducive to cleaning he/she reserves the right to skip service on that day.
ACCOUNTING AND BILLING
You agree to pay all charges for your use of our service at the prices then in effect for your area. Payment for service is due upfront on initial visit and immediately following each service thereafter. If payment method is not honored or fulfilled by the initial payment method, you agree to pay all amounts due upon our request. Each time you use our service you are reaffirming that we have authorization to charge your designated payment method. You will always receive a receipt via email when you’ve been billed for any work and the paid invoice can be viewed in your client hub. All payments are set to auto-renew based on your chosen service plan. SimplyCans LLC has the right to suspend or terminate your service without notice upon rejection of payment method.
By signing up for our monthly plan. You are committing to 12 Cleanings for the year. After which it continues monthly until you cancel. By signing up for a bi-monthly plan, you are committing to six cleanings for the year which continues bi-monthly until you cancel. By signing up for our quarterly plan you are committing to 4 cleanings for the year after which it continues quarterly until you cancel. If you cancel the quarterly, bi-monthly or monthly plan early you will be charged the one time cleaning rate for your cleanings.
MODIFICATIONS TO AGREEMENT
MODIFICATIONS TO SERVICE OR PRICE
SimplyCans LLC reserves the right to modify our delivery of service for the betterment of our customers, or for the safety and well-being of our employees, vehicles, and equipment. In the event of inclement weather, we reserve the right to cancel all service for the scheduled day and will notify all scheduled clients by email, phone, or public announcement on all our social media sites. Due to the nature of our service, scheduling may be altered in accordance with US holidays, pending the schedule set by local waste management companies in each area. SimplyCans LLC reserves the right to change prices or institute new charges for access to or use of the services. Any changes in pricing will be communicated to you by telephone, mail or email. Services will be set to auto-renew in accordance with your selected plan. You can terminate service at any time up to 24 hours before the scheduled cleaning. Please see TERMINATION portion of Terms and Conditions. If we find excessive loose garbage in your can, we reserve the right to either not service your can or charge you a $10 Cleaning fee per can. If you cancel a one-time cleaning there may be a $15 charge per can. We at Simply Cans reserve the right for any reason to choose not to service your cans or change cleaning schedule as needed to make earlier or later for scheduling purposes. You will be notified via email and will not be charged for the service. If, however, we come to you and cannot service your cans due to negligence on your part, including but not limited to the inability to reach you or cans not available, you will be charged regardless.
THIRD-PARTY WEBSITES AND SERVICES
We may provide certain content or links to third-party websites, services and/or technologies on our Website or in other communications to you. Such links may appear as a specific domain name or URL or may be activated by clicking on an advertisement or other icon or graphic. Please be aware that these third-party sites, services and technologies may be subject to their own respective Terms and Conditions. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, services or technologies.
LIMITATION OF LIABILITY
The Website and all products and services are provided to you strictly on an “AS IS” basis. All conditions, representations and warranties, whether expressed, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement are hereby disclaimed. In no case shall SimplyCans LLC or any of its owners, members, employees and affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any services or products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted transmitted, or otherwise made available through the service, even if it is advised of their possibility. You are herby giving Simply Cans permission to service your cans even though there are times it will damage it. We at Simply Cans do not assume any watchman responsibility over your cans in any way. With the states and jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, hold harmless and defend SimplyCans LLC and subsidiaries, partners, owners, members, employees and affiliates, harmless from any claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your breach of this Agreement or the documents they incorporate by reference or your violations of any law or the rights of a third-party.
The liabilities and obligations of parties in this Agreement that are incurred prior to the termination date shall survive the termination of this Agreement for all purposes. The Terms and Conditions are effective until terminated by either party, you or us. Service may be cancelled at any time by notifying us that our service is no longer needed. If we for any reason decide to terminate our Agreement you will remain liable for all amounts due up to and including date of termination.
CUSTOMER COMMENTS AND FEEDBACK
We want and encourage you to share your comments, feedback and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of SimplyCans LLC. Further, by submitting comments or feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise. By using our services you agree to receive marketing promotions from Simply Cans.
This Agreement and your use of the Website shall be governed by the State of New Jersey without regard to conflict of law principles. The state and federal courts sitting in New Jersey shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement or any services provided in connection with the Website and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision within these Terms and Conditions shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party, you or us, to enforce at any time any of the provisions within this Agreement, to exercise any election or option provided herein, or to require at any time the performance of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Questions or concerns about the Terms and Conditions should be sent via email to email@example.com.