Conscious Taos Service Agreement

 

  

This Service Agreement is entered into between the Customer and Conscious Taos (hereinafter “Conscious Taos”, “we”, “our”, “us”, or "Company”). Conscious Taos maintains a website and utilizes third-party mobile apps (collectively, the "Sites") which provide services and information to you subject to the following terms and conditions ("Service Agreement"). The Parties agree to the following terms and conditions:

  1. The Company agrees to collect and recycle all of Customer’s Recyclable Materials on a weekly basis. Company shall furnish a Conscious Taos Recycle Bin for Customer's use.
  2. The Customer's service address for pick-up is as stated in the payment field.
  3. Monthly Residential Plan: The initial setup fee is $30.00. In addition, the Customer shall pay a monthly service fee of $35.00. Payment is due within ten days upon receipt of the Company's invoice. Upon payment, the Customer shall receive one 18-Gallon Bin for their recyclable material. The Customer must maintain a credit card on file with the Company and the Company will automatically deduct the monthly service fee on the first day of each period. Interest shall be charged at the rate of 18.0% per month, on balances not paid when due. The Customer must contact The Company to cancel their subscription within the first 90 days following initial service payment received. The Customer may cancel the service by providing 30-days written notice to the Company.
  4. Add-A-bin: The ‘Add-A-Bin’ may only be purchased in addition to an existing ‘Monthly Plan’. The Customer shall receive one 14-gallon bin in addition to the 18-Gallon Bin included with the ‘Monthly Plan’. The Customer shall pay a monthly service fee of $15.00. Payment is due within ten days upon receipt of The Company's invoice. The Customer must maintain a credit card on file with the Company and the Company will automatically deduct the monthly service fee on the first day of each month. Interest shall be charged at the rate up to 18.0% per month, on balances not paid when due. The Customer must contact The Company to cancel their subscription within the first 90 days following initial service payment received. The Customer may cancel the service by providing 30-days written notice to the Company.
  5. Commercial Tiers 1 - 3: The initial signup fee is designated per tier as listed in the Commercial Price Sheet provided at account initial inquiry and is agreed upon at time of first payment to The Company. Payment is due within ten days upon receipt of the Company's invoice. Upon payment, the Customer shall receive agreed upon inventory as outlined within the Commercial Contract. The Customer agrees to familiarize themselves with the Services Agreement, Commercial Contract, and any furnished inventory. The Customer also agrees to familiarize themselves with what constitutes as acceptable ‘Recyclable Materials’, the proper care of outlined Recyclable Materials, and the care of any inventory furnished by the Company, conveying all pertinent information to all tenants, employees, patrons, and/or customers authorized to utilize inventory for its proper use.
  6. Commercial Tiers 4 - 8: The initial signup fee is designated per tier as listed in the Commercial Price Sheet provided at account initial inquiry and is agreed upon at time of first payment to The Company. Payment is due within ten days upon receipt of the Company's invoice. Upon payment, the Customer shall receive agreed upon inventory as outlined within the Commercial Contract. The Customer agrees to familiarize themselves with the Services Agreement, Commercial Contract, and any furnished inventory. The Customer also agrees to familiarize themselves with what constitutes as acceptable ‘Recyclable Materials’, the proper care of outlined Recyclable Materials, and the care of any inventory furnished by the Company, conveying all pertinent information to all tenants, employees, patrons, and/or customers authorized to utilize inventory for its proper use. The customer agrees to a minimum of a 6 month contract where in, but not limited to, the Customer may choose to raise their service to a higher tier within their contract limits but may not reduce their service to a lower tier.
  7. Residential Customers, specifically excluding Commercial Tiers 1 - 8, may place a Service Hold on their service account at any time. The Customer is subject to be charged a $15.00 holding fee if written notice provided to the Company of the service hold is less than 10 days prior to the first day service is to be withheld or reinstated. The Service Hold may be no less than 30 days and no more than 6 months. If the customer fails to follow these parameters as laid out, the Customer could be subject to all applicable costs of canceling and reinstating service.
  8. Customer represents and warrants that the materials to be collected shall be only “Recyclable Materials” as defined below.
  9. “Recyclable Materials” means clean paper, magazines, newspaper, junk mail, corrugated cardboard, cereal boxes, cracker boxes, phone books, books (hard and soft cover), paper egg cartons, soda boxes, milk cartons, juice boxes, rigid plastics, plastic bottles, milk jugs, bleach bottles, aluminum cans, tin cans, food cans, pet food cans, pots and pans.
  10. Recyclable Materials specifically excludes, and Customer agrees not to deposit or permit the deposit for collection of, any non-recyclable waste, including but not limited to: glass, light bulbs, batteries, garbage, food, greasy pizza boxes, snack food bags, fast food containers, cups and wrappers, scrap metal, auto parts, motor oil bottles, hot ashes, concrete, rocks, gravel, wood, yard waste, Styrofoam, Styrofoam peanuts, electronics, 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, or Special Recyclables not approved in writing by Company (collectively, “Excluded Materials”). Title to and liability for Excluded Material shall remain with Customer at all times.
  11. It is the customer's responsibility to know, understand, and be conscious of what can and cannot be accepted into our single stream recycling system and to not deposit or permit the deposit for collection of any non-recyclable materials. Should the Customer fail to comply, the Customer’s materials may be rejected at the Company’s discretion.
  12. Company may increase the monthly service fee, with 30-days written notice to Customer, to account for: any increase in disposal, fuel or transportation costs; any change in the composition of the Recyclable Materials or increases in the average weight per container of Recyclable Materials; increased costs due to uncontrollable circumstances, including, without limitation, global pandemics, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges etc.
  13. The Company reserves the right to change the weekly schedule of its pickup at its sole discretion.
  14. The Recycle Bin(s) including BRUTE Style cans with lids furnished by Company shall remain the property of Company; however, Customer shall have care, custody and control of the Recycle Bin and shall bear responsibility and liability for all loss or damage to the Recycle Bin equipment while at Customer’s location. The replacement cost for all loss or damage is $15.00 per 18 and 14 gallon Conscious Taos bin, $35 per BRUTE 32-gallon trash can with lid, and $18 per BRUTE 32-gallon lid.
  15. The Customer shall not overload, move or alter the Recycle Bin and shall use the Recycle Bin only for its intended purpose. At the termination of this Agreement, Customer shall return the Recycle Bin and/or BRUTE style can with lid to Company in the condition in which it was provided, normal wear and tear excepted.
  16. The Customer shall provide unobstructed access to the Recycle Bin and or BRUTE style can on the scheduled collection day. Customer shall pay, if charged by Company, an additional fee for any service modifications caused by or resulting from Customer’s overloading the bin, failure to provide access, or hindering the Company’s operations.
  17. Company shall not be responsible for any materials the customer has placed into the designated recycling bin or BRUTE style can that are affected by animals, inclement weather, vandalism, theft, or acts of god.
  18. Company shall not be responsible for any damage to Customer’s property, including pavement, subsurface or curbing, resulting from Company’s provision of services hereunder. Customer warrants that Customer’s right of way is sufficient to bear the weight of Company’s equipment and vehicles.
  19. In the event Customer terminates this Agreement prior to the expiration of any term for any reason other than a default by Company, or in the event Company terminates this Agreement for Customer’s default, Customer shall pay the following liquidated damages in addition to the Company’s legal fees: 100% of the ‘Sign up fee’ of the customers specific account before waivers and/or discounts.
  20. Customer acknowledges that the actual damage to Company in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Company resulting from such termination and is an agreed upon fee and is not imposed as a penalty. Company shall not be liable under any circumstances for any special, incidental or consequential damages arising out of or in connection with performance of this Agreement.
  21. The Company agrees to indemnify, defend and save Customer harmless from and against any and all liability which Customer 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, negligent omission or willful misconduct of the Company or its employees, which occurs (1) during the collection or transportation of Customer’s Waste Materials, or (2) as a result of the disposal of Customer’s Waste Materials, provided that the Company’s indemnification obligations will not apply to occurrences involving Excluded Materials.
  22. The Customer agrees to indemnify, defend and save the Company harmless from and against any and all liability which the Company 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 this Agreement or by any negligent act, negligent omission or willful misconduct of the Customer or its employees, agents or contractors in the performance of this Agreement or Customer’s use, operation or possession of any equipment furnished by the Company. Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance of this Agreement.
  23. Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, inclement weather, global pandemics, etc., and the affected party shall be excused from performance during the occurrence of such events.
  24. All written notification required by this Agreement shall be by Certified Mail or Email, Return Receipt Requested
  25. This Agreement shall be binding on and shall endure to the benefit of the parties hereto and their respective successors and assigns.
  26. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, whether written or oral, that may exist between the parties. This Agreement shall be construed in accordance with the law of the state of New Mexico.

 

 

Copyright September 23rd, 2022