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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:
"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. 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. 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. 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. 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:
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. Protection for Unauthorized Transactions. TrashBilling will reimburse you for the full amount of every eligible unauthorized transaction. An unauthorized transaction is either:
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:
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. 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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