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. We may close, suspend, or limit your access to
TrashBilling.com for up to 180 days if you violate this
"Account" means the user's contact and payment information on
"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 a Payment Service Provider. TrashBilling
helps customers make payments to their garbage hauler and helps
haulers accept payments from their customers. TrashBilling is an
independent contractor for all purposes, except that TrashBilling acts
as your agent with respect to the custody of your funds only.
TrashBilling does not have control of, or liability for, the products
or services that are paid for with our Service. We do not guarantee
the identity of any user or ensure that a hauler will complete a
transaction once you have authorized a payment.
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
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, 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
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 firstname.lastname@example.org.
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
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
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
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be potentially
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
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
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
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.
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
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
We will conduct an investigation to determine whether there has
been an unauthorized transaction that is eligible for coverage under
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
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
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 attorneys 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
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.