Terms of Service

Conscious Taos Inc

Terms of Service

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 ("Terms of Service"). The Parties agree to the following terms and conditions:

The Company agrees to collect and transport all of Customer’s Recyclable Materials to be recycled on the basis of the service tier purchased by the Customer or by the needs identified and purchased by the Customer and agreed up by the Company. The Company shall furnish a Conscious Taos Recycle bin or bins for Customer's use based on their purchased recycling service tier. The Customer's service address for recycling remediation is as stated in the ‘Ship to’ field of the checkout form on The Site.
Monthly Residential Plan: The initial signup fee is $30.00. In addition, the Customer shall pay a recurring monthly service fee of $40.00 for two pickups per month. Payment is due upon receipt of the Company's initial 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. For subscription fees not paid within 24 days of invoice received, the Customers subscription will be canceled and the customer is subject to a reinstatement fee of $20.00 in addition to the monthly subscription fee. The Customer may cancel the service by providing 30-days written notice to the Company.The Customer agrees to familiarize themselves with the Services Agreement, and any furnished inventory. The Customer also agrees to familiarize themselves with what constitutes ‘Acceptable 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.
Additional Bin: The ‘Monthly Plan - Additional 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 $25.00. 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 30 days following initial service payment received. The Customer may cancel the service by providing 30-days written notice to the Company.
Service Hold: The Monthly Plan Residential Customers, specifically excluding Commercial Tiers 1 - 8, may place a Service Hold on their service account at any time for no less than 30 days and no more than 6 months. During the hold period, The Company will not collect the Customers recyclable materials, visit their service address nor bill them for any services not rendered. The Customer will be charged a recurring $40.00 holding fee every 90 days in order to keep their account active. If written notice provided to the Company of the service hold is less than 5 business days prior to the first day service is to be withheld or reinstated the Customer will not be eligible for a refund. If the Customer cancels their subscriptions within the Service Hold period, the customer will not be eligible for a refund. If the Customer fails to follow these parameters as laid out, the Customer could be subject to all administrative and operational costs of canceling and or reinstating service.
Commercial Subscription Tiers 1 - 3: The initial signup fee is designated per tier as listed in the Commercial Price Sheet and the Commercial Contract provided at account initial inquiry and is agreed upon at time of first payment to The Company. Payment is due upon receipt of the Company's invoice. Upon payment, the Company shall furnish necessary inventory according to the Customer's purchased subscription. 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 of 30% per 24 day period, on balances not paid when due. 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 ‘Acceptable 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.
Commercial Subscription Tiers 4 - 8: The initial signup fee is designated per tier as listed in the Commercial Price Sheet provided at account initial inquiry and the service tier 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 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 up to 30.0% per 24 day period, on balances not paid when due. The Customer also agrees to familiarize themselves with what constitutes ‘Acceptable 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, during which time, the Customer may choose to raise their service to a higher tier, but may not reduce their service to a lower tier. If the customer chooses to cancel their subscription before the conclusion of the 6 month contract, the Customer is subject to an additional fee equaling one month’s payment of their service contract.
Customer represents and warrants that the materials to be collected shall be only “Acceptable Materials as defined below. In the event Customer deposits or permits deposit for collection of, any non “Acceptable Material”; including “Excluded Materials”, “Composite Materials”, or “Hazardous Materials” as defined below, The Company will impose a sorting fee upon the Customer per unit of “Excluded materials” as defined below in “Materials Liability”. Any fees levied on the Customer will be imposed immediately using the Customers credit card on file with the Company. Refusal to remit payment for any levied fees within this agreement forfeits the Customers eligibility for a refund. In which case, the Company reserves the right to cancel the Customers subscription at the Company’s discretion.
Acceptable Materials: “Acceptable Materials” are defined as clean and uncontaminated Recyclable materials, acceptable within the Conscious Taos recycling system deemed so by the Company. These “Acceptable Materials” are defined as non-shredded paper products, corrugated cardboard, paperboard, hard plastics #1 and #2, aluminum cans, tin cans. The Company reserves the right to alter the list of “Acceptable Materials” at its sole discretion.
Excluded Materials: The Customer agrees not to deposit or permit the deposit for collection of, any non-recyclable waste, and “Excluded Materials” including but not limited to: plastic films, plastics #3 - #8, glass, light bulbs, batteries, garbage, food, plastic bags, wax-coated paper materials, fast food containers, compostable materials, scrap metal, auto parts, motor oil bottles, hot ashes, concrete, rocks, gravel, wood, yard waste, Styrofoam, packing peanuts, electronics, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, biohazardous, regulated medical or hazardous waste, toxic substances, Composite Materials, Multi-Materials or Hazardous material, as defined by, characterized, or listed under applicable federal, state, or local laws or regulations. Any materials not approved in writing by the Company are not permitted for deposit or collection. (collectively, “Excluded Materials”). Title to and liability for Excluded Material shall remain with the Customer at all times.
Composite Materials: “Multi-Materials” or “Composite Materials” are defined as materials that are comprised of all “Acceptable Materials”, or part “Acceptable Materials” and part “Excluded Materials” that are bonded together. All Composite Materials must be broken down into their component parts before they can be deemed as “Acceptable Materials” in the Conscious Taos Recycling system.
Hazardous Material: Hazardous waste includes materials including but not limited to, glass, batteries, paints, jagged or sharp objects, and solvents. Biohazards include but are not limited to materials such as blood, bodily fluids, needles, and medical waste or products used to treat, mitigate, or clean biohazards. Hazardous Food Waste includes materials such as spoiled food and food scraps.
Materials Liability: It is the Customer's responsibility to know, understand, and seek clarification from The Company via email, or SMS text message of what will and will not be accepted into our recycling system, and to not deposit or permit the deposit for collection of any “Excluded Materials”. Should the Customer fail to comply, all the contents of the Customer’s bin and or materials deposited for collection may be subject to rejection at the Company’s discretion, and the Customer will be subject to a $1 per contaminate fee for Residential Customers, or $5 per contaminate fee for Commercial Customers or Customers identified as businesses using the "Monthly Residential Plan". Repeat or continual contamination by the Customer of the “Recyclable Materials” may subject the Customers account to immediate cancellation without the possibility of a refund.
The 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 but not limited to, lack of labor force, global pandemics, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges etc.
The Company reserves the right to change the schedule of its service at its sole discretion.
The Company will use Email, and or SMS messaging services, otherwise known as Text Messaging, to inform The Customer of changes regarding services or scheduling. The Customer shall elect or decline to participate in the Email and SMS messaging service at any point during the Customers active subscription. The Company is not responsible for any failed pickups or lapses in service due to Customers who decline to receive these forms of communication. The Company is not liable for delayed or undelivered messages. The Company is not liable for any message or data rates that apply while using this SMS service. The Customer agrees that it is the Customer's sole responsibility to understand any messages and data rates that apply during use of this service. Message and data rates may apply for any messages sent to The Customer from The Company, and to The Company from The Customer.
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 $20.00 per 18 and 14 gallon Conscious Taos bin, $45.00 per BRUTE 32-gallon trash can with lid, and $25.00 per BRUTE 32-gallon lid.
The Customer shall not overload or alter the Recycle Bin to increase its capacity. The Customer shall use the Recycle Bin only for its intended purpose of ‘Acceptable Material’ Remediation. In the event of an overload for residential customers utilizing the The Monthly Plan, or The Monthly Plan - Additional Bin, their Overloaded, or Materials that do not fit within the confines of the bin, shall be left behind. The Company is not responsible for additional materials outside of the agreed upon volume per bin(s), refuse or littering of materials left behind in the Customers Bin.
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 accepted. If the Customer fails to return, causes delay in, or impedes the Company from collecting any equipment, the Customer will be charged the replacement cost of the equipment and may be charged, if deemed necessary by the Company, any additional administrative and operational costs associated with the Company attempts to contact the Customer and collect the Company’s equipment.
The Customer shall provide unobstructed access to the Recycle Bin and or BRUTE style bin on the scheduled collection day. The Customer shall deposit the bin for collection in the same location where the bin was initially delivered, unless otherwise agreed upon, in writing, by the Company. 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, changing the agreed upon pickup location, or hindering the Company’s operations.
It is the Customer responsibility to secure and protect their bin and its contents.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.
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.
The Company shall not be liable for any damages or accumulated materials caused by its failure to collect recycling for any reason other than direct default by the Company, due to labor shortage or equipment disrepair. In the case of a failed pick up due to direct default of the Company, The Customer will be allotted an Overload pickup in the volume not to exceed two times their allotted amount, regardless of the number of failed pickups or the causes. In the event that the Customer perceives a failed pickup, it is the responsibility of the Customer to contact the Company immediately. The Company will not be liable for any damages caused by the failure of a third-party recycling contractor. The Company shall not be responsible for the actions or negligence of any third parties, dwelling in and/or performing maintenance at the Customers service address.
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 liquidated damages of 100% of their monthly subscription fee before waivers and/or discounts in addition to the Company’s legal fees as a result of dispute or litigation.
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.
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.
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.
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.
All written notification required by this Agreement shall be by Certified Mail or The Customer’s Account Email, or SMS (text) message, Return Receipt Requested
This Agreement shall be binding on and shall endure to the benefit of the parties hereto and their respective successors and assignees.
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.