D B Disposal's Terms & Conditions
Notice About Dispute Resolution: These Terms & Conditions contain provisions on binding arbitration of disputes on an individual which will be binding on you unless you opt out as described in Section 8 below. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
SERVICES RENDERED; SOLID WASTE MATERIALS. Customer grants to DB Disposal, Bolivar Disposal, Bubba’s Disposal the exclusive right, and DB Disposal, Bolivar Disposal, Bubba’s Disposal through itself and its affiliates shall furnish equipment and services, to collect and dispose of (collectively, the “Services”) all of Customer’s Solid Waste Materials at Customer’s service address. Customer agrees that the Solid Waste Materials collected under these terms and conditions shall not include any Excluded Materials. “Solid Waste Materials” means all non-hazardous solid waste, organic waste, and if applicable, recyclables, generated by Customer or at Customer’s service address. Waste Materials shall not include any Excluded Materials. “Excluded Materials” means (a) any waste tires, (b) radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, toxic, regulated medical or hazardous waste, substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations; (c) any materials containing information protected by federal, state or local privacy and security laws or regulations; (d) any materials that, due to its physical or chemical characteristics, requires more stringent environmental protection, handling, documentation or other management than normal municipal solid waste; and (e) any other waste or material that is prohibited from being received, managed or disposed of at the disposal facility. Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Customer’s Waste Materials is transferred to DB Disposal, Bolivar Disposal, Bubba’s Disposal upon DB Disposal, Bolivar Disposal, Bubba’s Disposal’s receipt or collection unless otherwise provided in these terms and conditions or applicable law.
EQUIPMENT. Please make sure your polycart is out the night before pickup. This will help us ensure that we can collect your trash on time. If you move or discontinue your service with us, there will be a $15 pickup fee to cancel all of your polycart and/or dumpster account(s). This fee covers the cost of removing the polycarts/dumpsters from your property. Any cart(s) or bin(s) (“Equipment”) DB Disposal, Bolivar Disposal, Bubba’s Disposal furnishes to Customer shall remain DB Disposal, Bolivar Disposal, Bubba’s Disposal’s property. While the Equipment is in Customer’s possession, Customer is liable for all loss or damage to the Equipment, except for normal wear and tear. Customer shall provide safe, unobstructed access to the Equipment on the collection day.
INVOICES; PAYMENT TERMS. Customer will be billed in advance by DB Disposal, Bolivar Disposal, Bubba’s Disposal on a periodic basis (e.g., monthly, quarterly, annually). The invoices represent DB Disposal, Bolivar Disposal, Bubba’s Disposal’s offer to provide such Services for the specified billing period. By accepting Service, Customer agrees to continue the Service for the billing period. Customer agrees to pay DB Disposal, Bolivar Disposal, Bubba’s Disposal the invoiced amount (“Charges”) within thirty (30) days of the date of the invoice. Invoices can be paid online at disposal-db.com/account. DB Disposal, Bolivar Disposal, Bubba’s Disposal may increase the price for subscription residential collection services from billing period to billing period, and Customers may terminate or choose to not renew services after each billing period without penalty. If full payment of the Charges is not received by DB Disposal, Bolivar Disposal, Bubba’s Disposal within thirty (30) days from the date of the invoice, Customer may be assessed a late fee as specified on the invoice, which shall be for the maximum monthly late charge allowed under applicable law on all past due amounts accruing from the date of the invoice, with a minimum monthly late fee of five dollars ($5.00). Customer acknowledges that such late fee is not to be considered as interest or debt on a finance charge, but rather is a reasonable charge for the anticipated loss and cost to DB Disposal, Bolivar Disposal, Bubba’s Disposal for the late payment. Additionally, if Customer fails to timely pay an invoice, DB Disposal, Bolivar Disposal, Bubba’s Disposal may terminate or suspend services until full payment is received. If Customer’s service is suspended for non-payment, Customer may be charged a resume fee to restart service. If Services are suspended or terminated by DB Disposal, Bolivar Disposal, Bubba’s Disposal due to Customer’s breach of these terms or if Customer terminates the Services, Customer understands and agrees that DB Disposal, Bolivar Disposal, Bubba’s Disposal will not refund, or pro-rate or return any amounts previously paid by Customer to DB Disposal, Bolivar Disposal, Bubba’s Disposal in advance for monthly or quarterly pre-paid services, unless such refund is required by law or regulation. Annual prepaid services that are cancelled by Customer prior to the end of the annual term will be refunded for the amount of unused days left in the annual term. A delivery fee may apply at the start of service, and a cart removal charge will apply upon cancellation of service. See next section for further information on additional charges.
CHARGES & ADDITIONAL SERVICES. In addition to the Charges, DB Disposal, Bolivar Disposal, Bubba’s Disposal also reserves the right to charge Customer additional Charges for additional services provided by DB Disposal, Bolivar Disposal, Bubba’s Disposal to Customer, whether requested or incurred by Customer, including, but not limited to, account resume or reactivation services; extra pickups or trip charges; container overages and overflows (see www.disposal-db.com/account for a list of “Additional Services”, which may be updated from time to time), all at such standard prices or rates that DB Disposal, Bolivar Disposal, Bubba’s Disposal is charging its customers in the service area at such time. Customers are advised to request the current charge amounts for any additional services at the time of ordering, and to call the number listed on their invoice for further details on any Charges. Fuel Surcharge, Environmental Charge, and Regulatory Cost Recovery (RCR”) Charge apply to all other Charges, including cart delivery and/or removal charges, whether or not listed in these terms, and information about these Charges can be found at www.disposal-db.com/account. State & Local taxes, if applicable, will also be added to the Charges. An Administrative Charge per invoice will be assessed and can be removed by enrolling in paperless statements and automated payments, unless prohibited by law. Cart-delivery fees can be avoided by enrolling for service online. DB Disposal, Bolivar Disposal, Bubba’s Disposal may increase the Charges on an annual basis to account for increases in the US Consumer Price Index (“CPI”) for Water, Sewer and Trash Collection Services published by U.S. Bureau of Labor Statistics, or with written notice to Customer, any other national, regional or local CPI. DB Disposal, Bolivar Disposal, Bubba’s Disposal may also adjust the Charges to cover any increases in disposal, processing and/or transportation costs and to cover increased costs due to uncontrollable circumstances, including, without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges or acts of God such as floods, fires, hurricanes and natural disasters. Changes in the frequency of collection, collection schedule, number, capacity and/or type of Equipment, and any changes to the Charges payable under terms may be agreed to orally, in writing, by payment of the invoice reflecting such changes, or by the actions and practices of the parties.
INDEMNITY. DB Disposal, Bolivar Disposal, Bubba’s Disposal agrees to indemnify, defend and save Customer, its parent, subsidiaries, and corporate affiliates, harmless from and against any and all liability which DB Disposal, Bolivar Disposal, Bubba’s Disposal may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law, to the extent caused by any negligent act or omission or willful misconduct of DB Disposal, Bolivar Disposal, Bubba’s Disposal or its employees, which occurs (a) during the collection or transportation of Customer’s Waste Materials, or (b) as a result of the disposal of Customer’s Waste Materials in a facility owned by DB Disposal, Bolivar Disposal, Bubba’s Disposal or its affiliated companies, provided that DB Disposal, Bolivar Disposal, Bubba’s Disposal’s indemnification obligations will not apply to occurrences involving Excluded Materials. Customer agrees to indemnify, defend and save DB Disposal, Bolivar Disposal, Bubba’s Disposal, its parent, subsidiaries, corporate affiliates and their joint venture partners, harmless from and against any and all liability which DB Disposal, Bolivar Disposal, Bubba’s Disposal may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer’s breach of these terms and conditions or by any negligent act or omission or willful misconduct of the Customer or its employees, agents or contractors or Customer’s use, operation or possession of any Equipment furnished by DB Disposal, Bolivar Disposal, Bubba’s Disposal. Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance or breach of these terms and conditions.
MISCELLANEOUS. (a) DB Disposal, Bolivar Disposal, Bubba’s Disposal 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 DB Disposal, Bolivar Disposal, Bubba’s Disposal shall be excused from performance during the occurrence of such events. (b) These terms and conditions shall be construed in accordance with the law of the state in which the Services are provided. (c) Different terms and conditions may apply to residential collection customers covered by municipal franchise, homeowner’s association or individual customer agreements. (d) In the event DB Disposal, Bolivar Disposal, Bubba’s Disposal successfully enforces its rights against Customer hereunder, Customer shall be required to pay DB Disposal, Bolivar Disposal, Bubba’s Disposal’s attorneys’ fees and court costs. (e) Customer understands and agrees that by providing Customer’s phone number(s), email, and home address in connection with these terms, Customer authorizes DB Disposal, Bolivar Disposal, Bubba’s Disposal and its agents to contact Customer regarding this account with an artificial or prerecorded message or using auto-dialing equipment at the provided phone number(s), including cell phone numbers if provided, or email, and home address.
APPLICABLE LAW MAY PROVIDE CUSTOMER THE RIGHT TO CANCEL THIS TRANSACTION, IF CUSTOMER SO DESIRES, WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME WITHIN THREE BUSINESS DAYS (EXCLUDING SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS) OF ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE CHECK YOUR SPECIFIC SERVICE ARRANGEMENT TERMS OR CONTACT YOUR LOCAL DB Disposal, Bolivar Disposal, Bubba’s Disposal SERVICE OFFICE IF YOU HAVE ANY QUESTIONS.
These Terms are subject to change, as allowed by law. Effective immediately, if you have elected to establish an automatic recurring payment feature (which will require a credit card or electronic check/ACH authorization) for your waste management services through either Bolivar Disposal, Bubba’s Disposal or DB Disposal’s by accessing ‘OUR’ Customer Portal via disposal-db.com
In brief:
– You are agreeing that, in return for the provision of a ‘membership’, future
recurring payments may be made against the credit card provided without the
presence of a) the card or b) the card holder and that payment may be made to your trash removal/waste management provider via DB Disposal LLC., Bolivar Disposal LLC. or Bubba’s Disposal LLC.
– These payments will be made at the beginning of each billing cycle in accordance to your current plan associated with your disposal-db.com account.
– Cancelling your membership will prevent any future recurring payments being
made against the credit card.
– You can cancel your subscription at any time by selecting ‘cancel subscription’ from the Customer Portal menu while logged in to your account at disposal-db.com.
You will see a list of your subscriptions and invoices listed in the customer portal.
– If you cancel your subscription the subscription will remain active / valid until
the end of the billing cycle / date on which the next payment is due, at which
point your subscription will end / become inactive.
– Unless otherwise indicated or agreed with your trash removal provider (i.e. DB, Bolivar, or Bubba’s Disposal) your payments are non-refundable. If you feel it is justified, you may request a refund from the trash removal provider, at whose sole discretion it is whether to provide one.
– Any and all disputes regarding payments, subscriptions, service
provision and this agreement are between you and the waste management provider**. You**
completely absolve and indemnify the waste management provider (DB Disposal LLC., Bolivar Disposal LLC. and Bubba’s Disposal LLC.) for any responsibility regarding the provision of services, disputes,
handling of payments, refunds, etc. that may result by entering into this
agreement.
Terminology:
“ Customer ” – Person or organization whose credit/debit card, ACH will be subject to future recurring payments made via the Service Provider.
“ Trash Removal Provider ”, “Waste Management Provider” – DB Disposal LLC., Bolivar Disposal LLC. and Bubba’s Disposal LLC. – the companies who own/operate disposal-db.com and all services associated with their waste management services, dumpster rentals, billing system/customer portal which uses the services known as ‘Stripe’ & ‘Jotform’.
“ Partner ” – Person or organization whose Stripe account will be credited – in part or in whole – as a result of payment(s) by the customer.
“ Subscription ” – An agreement by which the partner provides some or all of their services to the customer for an amount of time limited by the billing cycle.
“ Billing cycle ” – The time period between recurring payments.
“ Stripe ” – The payment processing company operating as ‘Stripe’, whose website can be found at https://stripe.com . All recurring payments made via the service provider are processed through Stripe.
“ Recurring payments ” – Future payments made against your credit card for the provision of services related to memberships provided by the partner. Such payments are attempted ‘offline’ – that is without the presence of the card or the cardholder.
Scope:
This agreement is in addition to, and in no way replaces, other existing agreements, contracts and terms and conditions that you, as the customer, have entered into with the Service Provider and partner.
Jurisdiction
This agreement is subject to the relevant laws in the United States within the state of Missouri. All of your financial information is collected, stored and managed by Stripe and, as such, subject to Stripe’s privacy, data collection and security policies. You are agreeing to allow Stripe to process future recurring payments against your credit/debit card and/or ACH without you or the card holder being present.
For the purposes of making future recurring payments against your credit/debit card or ACH, your credit/debit card information will be stored with Stripe.
Payment and refunds
You will be notified if the payment attempt fails and, subject to the conditions determined by the partner, payment may be re-attempted. If payment fails repeatedly, your subscription will be de-activated / canceled with no further cost to you. You are no longer entitled to the provision of services as determined by the subscription plan when your subscription is de-activated. You are not entitled to a refund of your payment unless this is agreed with the partner/owner of disposal-db.com
