This is an important document which you must consider carefully
when choosing whether to use TrashBilling.com.
This User Agreement (the "Agreement") is a contract
between you and TrashBilling and applies to your use of TrashBilling's
services. You must read, agree with and accept all of the terms and
conditions contained in this Agreement before using
TrashBilling.com.
This Agreement contains 8 sections. You may jump directly to any
section by selecting the appropriate link below. The headings and
subheadings below are for reference only and do not limit the scope of
each section. Some capitalized terms have specific definitions that
are set out in Section 1.
We may amend this Agreement at any time by posting a revised
version on our website. The revised version will be effective at the
time we post it. Changes have been highlighted for your
convenience. We may close, suspend, or limit your access to
TrashBilling.com for up to 180 days if you violate this
Agreement.
Jump to section:
Definitions
Our Relationship With You
Eligibility and Identity
Making a Payment
Restricted Activities
Your Liability - Actions We May Take
Unauthorized Transactions
Disputes with TrashBilling
- Definitions
"ACH" means
the Automated Clearing House network.
"Account" means
the user's contact and payment information on TrashBilling.com.
"Auto-Pay
Payment" means
a payment in which you authorize TrashBilling, either directly or
through your hauler, to directly charge your credit card, debit
card, or bank account each billing cycle for the services provided
by the hauler.
"Business
Days" means
Monday through Friday, excluding federal bank holidays. If one of
these holidays falls on a Saturday, TrashBilling shall observe the
holiday on the prior Friday. If the holiday falls on a Sunday,
TrashBilling shall observe the holiday on the following Monday.
"Chargeback" means
a request that a customer files directly with his or her credit
card company or bank or debit-card-issuing bank to invalidate a
payment.
"Restricted
Activities" means
those activities described in section 5 of this Agreement.
"Service" means
all our products and services and any other features, technologies
and/or functionalities offered by TrashBilling on TrashBilling.com
or through any other means.
"TrashBilling" refers
to TrashBilling.com; its owner, Ivy Computer, Inc., and its
officers, directors, employees, agents, shareholders, affiliates,
or subsidiaries.
- Our Relationship With You
TrashBilling is an electronic payment facilitator. Trash
Billing, as an agent of your hauler, helps you make payments to
your garbage hauler and helps haulers accept payments from their
customers. TrashBilling is an independent contractor for all
purposes, except that TrashBilling acts as the “agent of the
payee” for your garbage hauler. TrashBilling does not have
control of, or liability for, the products or services that are
paid for with our Service. Trash Billing only guarantees that
payments made through Trash Billing are made to your garbage hauler
and your hauler agrees that payments made to Trash Billing are
considered received by them.
Your Privacy. Protecting
your privacy is very important to TrashBilling. Please review
our Privacy Policy in
order to better understand our commitment to maintaining your
privacy, as well as our use and disclosure of your information.
Privacy of Others. If
you receive information about another TrashBilling user through the
Service, you must keep the information confidential and only use it
in connection with the Service. You may not disclose or distribute
a TrashBilling user's information to a third party or use the
information for marketing purposes unless you receive that user's
express consent to do so.
Intellectual Property. "TrashBilling.com,"
"TrashBilling," and all logos related to the Service are
either trademarks or registered trademarks of TrashBilling or its
licensors. You may not copy, imitate or use them without
TrashBilling's prior written consent. In addition, all page
headers, custom graphics, button icons, and scripts are service
marks, trademarks, and/or trade dress of TrashBilling. You may not
copy, imitate, or use them without our prior written consent. All
rights, title and interest in and to the TrashBilling.com website,
any content thereon, the Services, the technology related to
TrashBilling Services, and any and all technology and any content
created or derived from any of the foregoing, is the exclusive
property of TrashBilling and its licensors.
Assignment. You
may not transfer or assign any rights or obligations you have under
this Agreement without TrashBilling's prior written consent.
TrashBilling reserves the right to transfer or assign this
Agreement or any right or obligation under this Agreement at any
time.
Notices to You. You
agree that TrashBilling may provide notice to you by posting it on
our website, emailing it to the email address listed in your
Account, sending by text message (SMS),
or mailing it to the street address listed in your Account. Such
notice shall be considered to be received by you within 24 hours of
the time it is posted to our website or emailed to you unless we
receive notice that the email was not delivered. If the notice is
sent by mail, we will consider it to have been received by you 3
Business Days after it is sent. You may request a paper copy of any
legally required disclosures and you may terminate your consent to
receive required disclosures through electronic communications by
contacting TrashBilling as described in section 2g below.
Notices to TrashBilling. Notice
to TrashBilling must be sent by postal mail to: Ivy Computer, Inc.,
Attention: TrashBilling.com, 2933 Waterbury-Stowe Rd, Bldg #1,
Waterbury Center, Vermont 05677. You may also send notice to
info@trashbilling.com.
Eligibility and Identity.
Eligibility. To
be eligible to use our Services, you must be at least 18 years old
with a valid credit or debit card or a valid U.S. bank account.
Identity Authentication. You
authorize TrashBilling, directly or through third parties, to make
any inquiries we consider necessary to validate your identity. This
may include asking you for further information, requiring you to
take steps to confirm ownership of your email address or financial
instruments, ordering a credit report and verifying your
information against third party databases or through other sources.
Any of this information may be used for fraud prevention or the
prevention of illegal use of TrashBilling.
Making a Payment
Payment Limits. We may, at our
discretion, impose limits on the amount of money you
can send through our Service.
Bank Transfers. When you choose to
make a payment using direct draft (from a bank
account), you are requesting an electronic transfer
from your bank account. For these transactions,
TrashBilling will make electronic transfers via ACH
from your bank account in the amount you specify. You
agree that such requests constitute your authorization
to TrashBilling to make the transfers. Once you have
provided your authorization for the transfer, you will
not be able cancel the electronic transfer.
Hauler Processing Delay. When you
send a payment to your hauler through TrashBilling,
you are providing an authorization to TrashBilling to
process your payment and complete the
transaction. Some haulers may delay updating their
records to reflect your payment.
Canceling Auto-Pay Payments. You
may cancel an Auto-Pay Payment instruction by
contacting your hauler or by logging in to your
TrashBilling Account, clicking the Edit / Cancel Auto
Pay tab on the left, and then following the directions
on the screen. If you cancel Auto-pay, you will still
be charged for any payments already made through
Auto-Pay. You may also be liable to the hauler for any
missed payment and be required to pay the hauler
through alternative means.
Credit and Debit Card
Information. If your credit or debit card
expiration date changes, you may update the expiration
date by logging in to your TrashBilling Account,
clicking the Edit-Cancel Auto Pay tab on the left, and
then following the directions on the
screen. Alternatively, you may call your hauler to
update that information.
Returned Payments. If any payment
made by you through TrashBilling.com is returned for
insufficient funds or incorrect information, made
through a closed account, or for any other reason,
your hauler may, at its discretion, charge a fee for
that occurrence. TrashBilling will NOT automatically
resubmit any requests for an electronic transfer if
the original request was returned for insufficient or
uncollected funds.
Restricted Activities
In connection with your use of TrashBilling, your Account, or the
Services, or in the course of your interactions with TrashBilling, a
TrashBilling user, or a third party, you will not:
- Breach this Agreement or any other agreement you entered into with
TrashBilling;
Violate any law, statute, ordinance, or regulation (for example, those
governing financial services);
Infringe TrashBilling's or any third party's copyright, patent, trademark,
trade secret or other intellectual property rights, or rights of
publicity or privacy;
Act in a manner that is defamatory, trade libelous, threatening or
harassing;
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be potentially fraudulent
funds;
Refuse to cooperate in an investigation or provide confirmation of your
identity or any information you provide to us;
Use an anonymizing proxy;
Control an Account that is linked to another Account that has engaged in
any of these Restricted Activities;
Conduct your business or use the Services in a manner that results in or
may result in complaints, claims, Chargebacks, fees, fines,
penalties and other liability to TrashBilling, a TrashBilling user,
a third party or you;
Use your Account or the Services in a manner that TrashBilling, Visa,
MasterCard, American Express, Discover or any other electronic
funds transfer network reasonably believes to be an abuse of the
card system or a violation of card association, NACHA, or network
rules;
Provide yourself a cash advance from your credit card (or help others to do
so);
Disclose or distribute another user's information to a third party, or use
the information for marketing purposes unless you receive the
user's express consent to do so;
Send unsolicited email to a TrashBilling user or use the Services to
collect payments for sending, or assisting in sending, unsolicited
email to third parties;
Take any action that imposes an unreasonable or disproportionately large
load on our infrastructure;
Facilitate any viruses, Trojan horses, worms or other computer programming
routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
information;
Use any robot, spider, other automatic device, or manual process to
monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion
headers, or interfere or attempt to interfere, with
TrashBilling.com or the Services;
Take any action that may cause us to lose any of the services from our
internet service providers, payment processors, or other suppliers;
or
Use the Service to test credit card behaviors.
Your Liability - Actions We May Take
Your Liability. You
are responsible for all reversals, Chargebacks, claims, fees,
fines, penalties and other liability incurred by TrashBilling, a
TrashBilling User, or a third party caused by or arising out of
your breach of these Terms and/or your use of the Services. You
agree to reimburse TrashBilling, a User, or a third party for any
and all such liability.
Actions by TrashBilling. If
we have reason to believe that you have engaged in any Restricted
Activities, we may take various actions to protect TrashBilling, a
user, a third party, or you from reversals, Chargebacks, claims,
fees, fines, penalties and any other liability. The actions we may
take include but are not limited to the following:
We may close, suspend, or limit your access to the Services;
We may contact your bank or credit card issuer, and/or warn other
users, law enforcement, or impacted third parties of your actions;
We may update inaccurate information you provided us;
We may refuse to provide our Services to you in the future;
We may hold your funds for up to 180 days if reasonably needed to
protect against the risk of liability; and
We may take legal action against you.
TrashBilling,in its sole discretion, reserves
the right to terminate this Agreement with you, access to its website,
or access to the Service for any reason and at any time upon notice to
you.
- Account Closure, Termination of Service, or Limited Account Access. If
we close your Account or terminate your use of our Services for any
reason, we will provide you with notice of our actions. If we limit
access to your Account, we will provide you with notice of our
actions and the opportunity to request restoration of access if
appropriate.
Restricted Activities Policy Violation - User Fines. If
you engage in any Restricted Activity (set out in section 5), then
we may fine you up to $2,500.00 USD for each such violation and/or
take legal action against you to recover additional losses we
incur. You acknowledge and agree that a fine of up to $2,500.00 USD
is presently a reasonable minimum estimate of TrashBilling's
damages, considering all currently existing circumstances,
including the relationship of the sum to the range of harm to
TrashBilling that reasonably could be anticipated and the
anticipation that proof of actual damages may be impractical or
extremely difficult.
Unauthorized Transactions
Protection for Unauthorized Transactions. TrashBilling
will reimburse you for the full amount of every eligible
unauthorized transaction. An unauthorized transaction is either:
- Payment that was sent through TrashBilling that you did not authorize
(e.g., someone steals your web ID or password, uses the web ID or
password to access your Account, and sends a payment from your
Account); or
A TrashBilling processing error that either incorrectly takes a
payment from your credit card, debit card, or bank account or
incorrectly refunds money to your credit or debit card or your
bank account (e.g., you send a payment and it is debited twice
from your credit or debit card or bank account).
You should regularly log into your Account and review your Account
history to ensure that there has not been an unauthorized
transaction. TrashBilling will also send an email to the primary
email address you have provided in order to notify you of each
transaction from your Account.
Notification Requirements. To
be eligible for protection for unauthorized transactions, you must
notify us within 30 days after the unauthorized transaction first
appears in your Account history. Otherwise, you will be liable for
related losses that occur on day 31 and beyond, if we can prove
that we could have stopped the losses had you told us in time. We
will extend the 30-day time period if a good reason, such as a
hospital stay, kept you from notifying us within 30 days.
For unauthorized transactions from your TrashBilling Account, notify us
as indicated in section 2g or use the contact information found by
clicking the "Contact Us" button at TrashBilling.com. When
you notify us, provide us with the following information:
- The web ID # provided by your hauler (the number you use to sign on to
TrashBilling.com);
A description of the suspected unauthorized transaction and an
explanation as to why you believe it is incorrect or why you need
more information to identify the transaction;
The dollar amount of the suspected unauthorized transaction; and
The date of the transaction.
You should immediately notify TrashBilling if you believe (a) there has
been an unauthorized transaction or access to your Account, (b) your
password has been compromised. If you notify us by telephone, we may
request that you send us your complaint or question in writing within
10 Business Days.
- TrashBilling Actions After Receipt of an Unauthorized Transaction
Notification. Once you notify us of a suspected unauthorized transaction, or we
otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been
an unauthorized transaction that is eligible for coverage under
this section.
We will complete our investigation within 10 Business Days of the
date you notified us of the suspected unauthorized transaction. If
we need more time, we may take up to 30 Business Days to complete
our investigation.
If we decide that we need more time to complete our investigation, we
will provisionally credit your credit card, debit card, or bank
account (which ever one was used to make the payment in questions)
for the amount of the suspected unauthorized transaction. You will
receive the provisional credit within 10 Business Days of the date
we received your notice. This will allow you to have use of the
money until we complete the investigation. If we ask you to put
your complaint or question in writing and we do not receive it
within 10 Business Days, we will not provisionally credit your
Account.
We will inform you of our decision within 3 Business Days after
completing our investigation.
If we determine that there was an eligible unauthorized transaction,
we will promptly refund the full amount of the unauthorized
transaction to your credit card, debit card, or bank account. If
you have already received a provisional credit, you will be
allowed to retain those amounts.
If we decide that there was not an eligible unauthorized transaction,
we will include an explanation of our decision in our email to
you. If you received a provisional credit, we will remove it from
your credit card, debit card, or bank account. You may request
copies of the documents that we used in our investigation.
TrashBilling Processing Errors. If
we discover a processing error, we will rectify the error. If the
error resulted in your making a larger payment than you authorized,
TrashBilling will credit your credit card, debit card, or bank
account for the difference. If the error results in you receiving a
larger refund or credit than you were entitled to, TrashBilling may
debit the extra funds from your credit card, debit card, or bank
account. If the error resulted in our not completing a transaction
on time or in the correct amount, we will reimburse you for
overdraft fees, late fees, or other fees incurred due solely to the
error.
Disputes with TrashBilling.
Contact TrashBilling First. If
a dispute arises between you and TrashBilling, our goal is to learn
about and address your concerns and, if we are unable to do so to
your satisfaction, to provide you with a neutral and cost-effective
means of resolving the dispute quickly. Disputes between you and
TrashBilling regarding our Services may be reported as indicated in
section 2g.
Arbitration. For any claim
(excluding claims for injunctive or other equitable
relief) where the total amount of the award sought is
less than $10,000.00 USD, the party requesting relief
may elect to resolve the dispute in a cost-effective
manner through binding non-appearance-based
arbitration. If a party elects arbitration, that party
will initiate such arbitration through an established
alternative dispute resolution (ADR) provider mutually
agreed upon by the parties. The ADR provider and the
parties must comply with the following rules: a) the
arbitration shall be conducted by telephone, online
and/or be solely based on written submissions, the
specific manner shall be chosen by the party
initiating the arbitration; b) the arbitration shall
not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the
parties; and c) any judgment on the award rendered by
the arbitrator may be entered in any court of
competent jurisdiction.
Law and Forum for Disputes. Except
as otherwise agreed by the parties or as described in section 8b
above, you agree that any claim or dispute you may have against
TrashBilling must be resolved by a court located in Washington
County, Vermont. You agree to submit to the personal jurisdiction
of the courts located within Washington County, Vermont, for the
purpose of litigating all such claims or disputes. This Agreement
shall be governed in all respects by the laws of the State of
Vermont, without regard to conflict of law provisions.
Improperly Filed Litigation. All
claims you bring against TrashBilling must be resolved in
accordance with this section of this Agreement. All claims filed or
brought contrary to this section shall be considered improperly
filed and a breach of this Agreement. Should you file a claim
contrary to this section, TrashBilling may recover attorneys' fees
and costs (including in-house attorneys and paralegals) up to
$1,000.00 USD, provided that TrashBilling has notified you in
writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.
No Waiver. Our
failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar
breaches.
Limitations of Liability. IN
NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR
SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Some states do not allow the exclusion or limitation of incidental
or consequential damages so the above limitation or exclusion may
not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT,
EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
No Warranty. TRASHBILLING,
OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES AS IS
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. TRASHBILLING, OUR PARENT, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, USABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TrashBilling
does not have any control over the products or services that are
paid for with our Service and TrashBilling cannot ensure that a
hauler you are dealing with will actually complete the transaction
or is authorized to do so. TrashBilling does not guarantee
continuous, uninterrupted or secure access to any part of our
Service; numerous factors outside of our control may interfere with
the operation of our site. TrashBilling will make reasonable
efforts to ensure that requests for electronic debits and credits
involving bank accounts, credit cards, and check issuances are
processed in a timely manner but TrashBilling makes no
representations or warranties regarding the amount of time needed
to complete processing because our Service is dependent upon many
factors outside of our control, such as delays in the banking
system or the U.S. or international mail service. Some states do
not allow the disclaimer of implied warranties, so the foregoing
disclaimers may not apply to you. This paragraph gives you specific
legal rights and you may also have other legal rights that vary
from state to state.
Indemnification. You agree to defend, indemnify and hold TrashBilling, its parent,
officers, directors and employees harmless from any claim or demand
(including attorney’s fees) made or incurred by any third
party due to or arising out of your breach of this Agreement and/or
your use of the Services.
Assumption of Rights. If
TrashBilling pays out a claim, reversal or Chargeback that you file
against a hauler, you agree that TrashBilling assumes your rights
against the hauler and third parties related to the payment, and
may pursue those rights directly or on your behalf, in
TrashBilling's discretion.
Release of TrashBilling. If
you have a dispute with one or more users, you release TrashBilling
(and our officers, directors, agents, joint ventures and employees)
from any and all Claims, demands and damages (actual and
consequential) of every kind and nature arising out of or in any
way connected with such disputes.
State Agency. In
addition to reporting complaints against TrashBilling directly to
TrashBilling as described in this section, you may report
complaints in writing to the Vermont Office of the Attorney
General, Consumer Protection Unit, 109 State Street, Montpelier,
Vermont 05609 or by calling the Consumer Protection Unit at
802-828-3171.
Complete Agreement. This
Agreement sets forth the entire understanding between you and
TrashBilling with respect to the Service. Sections 1, 2, 6, and 8,
as well as any other terms which by their nature should survive,
will survive the termination of this Agreement. If any provision of
this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be
enforced.
Contact TrashBilling.com:
Mail: 2933 Waterbury-Stowe Road Bldg#1,
Waterbury Center, Vermont 05677-7030
Email:billing@trashbilling.com
Phone: 800-852-5199 or 802-244-7880
FAX: 802-244-1530
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