Service Agreement Freedom Disposal Services for trash collection, junk removal, recycling, and removal of debris and appliances in Northern Shenandoah Valley

SERVICE AGREEMENT

Types of Service

Household Trash Curbside Pick Up / Once A Week = $25.00 Per Month
Household Garage Or Back Door Pick Up / Once A Week = $40.00 Per Month
Recycle Curbside Pick Up / Bi-Weekly = $15.00 Per Month
Recycle Garage Or Back Door Pick Up / Bi-Weekly = $25.00 Per Month

Curbside
Backdoor
Recycle

First Name *

Last Name *

Email *

Phone *

Address *

City *

State *

Zip *

How did you hear about us *

Mailer/Postcard
Found online
Saw truck or container
Other

TERMS AND CONDITIONS

SERVICE AGREEMENT
(“AGREEMENT”)

SERVICES, PRICING & PERFORMANCE REPRESENTATIONS. Customer grants to Freedom Disposal Services LLC. hereafter (Company), the exclusive right within Freedom Disposal Services LLC. service area, to manage the collection, transportation, disposal and/or recycling of the Customer’s non-hazardous solid waste materials including Recyclable materials (collectively, “Waste Materials”), and Freedom Disposal Services LLC. agrees to provide such services. Freedom Disposal Services LLC. shall not increase Customer’s pricing by more than five-percent annually, and if Freedom Disposal Services LLC. were to increase rates more than five-percent annually, then Customer may terminate this Agreement at anytime with written notice to Freedom Disposal Services LLC. Customer may also cancel Freedom Disposal Services LLC. at any time, due to any unresolved, documented performance failures by Freedom Disposal Services LLC.
				  
ONLINE PAYMENT. By making payment electronically, herein at www.freedomdisposalservices.com, Customer(s) agrees to conduct business electronically and agrees to be bound by the following contractual terms and conditions, with the date of said initial payment being the effective date.
				  
PAYMENT. Customer shall pay Freedom Disposal Services LLC. for the services and equipment furnished by Freedom Disposal Services LLC. at the rates set forth in this Agreement within five days of Customer’s receipt of Freedom Disposal Services LLC. invoice. Customer shall pay all taxes, fees and other governmental charges assessed against or passed through to Freedom Disposal Services LLC. (other than income or real property taxes). Customer shall pay such fees as Freedom Disposal Services LLC. may impose from time to time by notice to Customer, including by way of example only, late payment fees, fuel recovery fee, administrative fees, and environmental fees, with Freedom Disposal Services LLC. to determine the amounts of such fees in its discretion up to the maximum amount allowed by applicable law. Freedom Disposal Services LLC. shall, at its sole discretion, be allowed by Customer to charge a convenience fee no greater than 4% of the total invoice for credit / debit payments. Customer shall pay to Company a fee of $50 for each check submitted by Customer that is an insufficient funds check or is returned or dishonored. Customer further agrees that if a merchant processor dispute is initiated, a $50.00 fee will be imposed by Freedom Disposal Services LLC., in addition to the subject charge. At any time after Freedom Disposal Services LLC. becomes concerned about Customer’s creditworthiness or after Customer has made any late payment, Freedom Disposal Services LLC. may request, and if requested, Customer shall pay a deposit in an amount equal to one month’s charges under as determined by the Freedom Disposal Services LLC. Customer shall pay interest on any past due invoices equal to the greater of 1 1/2% per month or the maximum lawful rate, until paid in full. If Customer cancels an order after the order has been processed, Customer may be assessed a cancellation fee by Freedom Disposal Services LLC. at Freedom Disposal Services LLC. current rate. CUSTOMER AUTHORIZES Freedom Disposal Services LLC. TO COLLECT CHARGES BY ELECTRONIC MEANS, INCLUDING BUT NOT LIMITED TO CREDIT CARD OR ACH PAYMENTS FOR ANY AND ALL CHARGES INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO THE INITIAL CHARGE, ANY WEIGHT OVERAGES AND DEMURRAGE. Unless otherwise mutually agreed in writing, Customer hereby accepts Company’s policy of no refunds being issued.

ATTORNEYS’ FEES. If any litigation is commenced to enforce any part of this Agreement, Freedom Disposal Services LLC. shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys’ fees, expert witness fees, litigation related expenses:’ and court or other costs incurred in such litigation or proceeding.
				  
WASTE MATERIALS. The Waste Materials shall not contain any hazardous materials, wastes, or substances; toxic substances, wastes, and pollutants; contaminants; infectious waste; medical wastes; or radioactive wastes (collectively, “Excluded Waste”), each as defined by applicable federal, state, and local laws or regulations (collectively, “Applicable Laws”).
				  
RATE AND ADJUSTMENTS. Freedom Disposal Services LLC. may, from time to time by notice to Customer, increase the rates provided in this Agreement to adjust for any increase due to; (a) a change in location of Customer or the disposal facility used by Freedom Disposal Services or; (b) Disposal costs; (c) Freedom Disposal Services actual costs due to changes in Applicable Governmental fees or taxes; (d) The average weight per cubic yard of Customer’s Waste Materials. (e) The Consumer’s Price Index. (f) Freedom Disposal Services or its change in costs due to changes in applicable laws and overhead. Customer also acknowledges that the Freedom Disposal Services is managing the listed services on the Customer’s behalf to reduce the Customer’s overall cost for these services and that on certain occasions, a cost reduction either cannot be obtained, or may be delayed or limited due to reasons which are beyond the Company’s control. These could include but are not limited to; a) Municipal Franchised Areas; b) Existing contracts between the customer and the current services provider, and/or c) special operational circumstances. Customer acknowledges that Freedom Disposal Services may be required, other than as set forth above, to maintain or increase its rates accordingly, with Customer’s consent, which may be evidenced verbally, in writing, electronically, or by the parties’ actions and practices.
				  
SERVICE CHANGES. The parties may change the type, size or amount of equipment, the type or frequency of service, and correspondingly the rates by agreement of the parties, which may be evidenced verbally, in writing, electronically, or by the parties’ actions and practices. This Agreement shall apply to any change of location of Customer within the area in which Freedom Disposal Services provides its services. Customer expressively waives their right to utilize any 3rd party waste management or waste broker to manage any aspect of Customer’s waste and or recycling services during the term of this Agreement. Company may substitute similar, yet equivalent services and/or containers at no additional cost to Customer at Freedom Disposal Services sole discretion.
				  
RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Freedom Disposal Services LLC furnish shall remain the Company's property. Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Freedom Disposal Services LLC handling of the equipment). Customer shall use the equipment only for its proper and intended purpose and shall not overload the equipment (by weight or volume), move, or alter the equipment without the express written consent of Freedom Disposal Services LLC. Contractor reserves the right to remove (e.g., dump out) materials from its equipment in instances where Contractor determines, in its sole discretion, that its equipment is overloaded, by either weight or volume, or in instances of Customer's nonpayment. Customer is solely and exclusively liable for any and all fees, fines, property damage clean-up costs and/or other costs associated with such removal of materials. Customer shall indemnify, defend, and hold harmless Company from and against all Losses arising from any injury or death to persons or loss or damage to property (including the equipment) arising out of Customer's use, operation, or possession of the equipment. Customer shall provide safe, unobstructed access to the equipment at all times. Freedom Disposal Services LLC may charge an additional fee for any additional collection service required by Customer's failure to provide access. 
DAMAGES. Customer agrees that excluding any damage caused intentionally or due to gross negligence, Freedom Disposal Services LLC, shall not be responsible for any damages to Customer's pavement, curbing or other driving surfaces, overhead and/or side objects such as electrical wire, phone lines, overhanging roof lines, walls, corrals, etc., whether such objects are within the Customer's lot line or a neighboring property, resulting from Freedom Disposal Services LLC providing service(s) at Customer's location. Customer agrees to defend, indemnify, save and hold harmless, Freedom Disposal Services LLC, officers, employees and agents, to the fullest extent permitted by law, of and from all claims, loss, damage, injury, suits of whatever nature, for personal injury and property damage alleged to arise out of, or any conditions, of the work performed under this contract, that are or may be brought by parties not subject to the terms of this agreement, specifically neighboring real or personal property owners, who allege to have suffered a loss as a result of performing the duties enunciated herein.
				  
SUSPENSION. If any amount due from Customer is not paid within 30 days after the date of Freedom Disposal Services LLC invoice, Company may, without notice and without terminating this Agreement, suspend collecting and disposing of Waste Materials until Customer has paid such amount to Freedom Disposal Services LLC. If Customer’s service is suspended due to non-payment all past due balances must be paid in full and the Customer must agree to pay future invoices via automatic electronic payments as condition precedents to removal of the suspension.
				  
TERM. IF CUSTOMER DOES NOT HAVE AN EXISTING WRITTEN CONTRACT WITH Freedom Disposal Services LLC, THEN THE INITIAL TERM OF THIS AGREEMENT SHALL BE EFFECTIVE UPON THE FIRST PAYMENT BY CUSTOMER TO Freedom Disposal Services LLC BEING MADE (“EFFECTIVE DATE”) AND SHALL CONTINUE FOR 12 MONTHS. THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE 12 MONTH TERM UNLESS EITHER PARTY GIVES NOTICE OF TERMINATION TO THE OTHER AT LEAST THIRTY DAYS BEFORE THE END OF THE THEN CURRENT TERM BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. BEFORE Freedom Disposal Services LLC SHALL ACCEPT CUSTOMER’S, TERMINATION Freedom Disposal Services LLC SHALL BE GIVEN THE FIRST RIGHT TO MATCH COMPETITOR’S OFFER TO CUSTOMER. Freedom Disposal Services LLC MAY TERMINATE THIS AGREEMENT AT ANY TIME WITH 7 DAYS NOTICE TO CUSTOMER. If customer is party to a written service agreement with Freedom Disposal Services LLC the terms if that agreement shall govern the transaction unless the terms are updated as set forth by Freedom Disposal Services LLC. If Customer provides company with a written objection to the online amendment via certified mail to Freedom Disposal Services LLC within (14) fourteen days of the update, then the Terms of the original service agreement shall govern.
				  
TERMINATION. In addition to its above suspension rights, Freedom Disposal Services LLC may terminate this Agreement immediately by written notice to Customer if (a) any of the information contained in any credit application submitted to Freedom Disposal Services LLC in connection with this Agreement is untrue or (b) Customer breaches this Agreement and fails to cure such breach within 10 days after Freedom Disposal Services LLC gives Customer written notice of the breach. Freedom Disposal Services LLC may terminate this agreement at any time with 30 day written notice to Customer. Freedom Disposal Services LLC failure to suspend service or terminate this Agreement when Customer fails to timely pay or otherwise breaches this Agreement shall not constitute a waiver of Freedom Disposal Services LLC right to suspend service or terminate this Agreement for any future failure to pay or other breach.
				  
PAYMENT UPON TERMINATION. If Customer terminates this Agreement before its expiration other than as a result of an uncured, documented breach by Freedom Disposal Services LLC, or if Freedom Disposal Services LLC terminates this Agreement as a result of a breach by Customer (including nonpayment), Customer shall pay Freedom Disposal Services LLC an amount equal to Customer’s most recent month’s waste hauling and disposal charges/expenses or an average monthly charge based on the previous (12) twelve months whichever is greater, multiplied by the lesser of (a) six (6); or (b) the number of months remaining in the term. Customer acknowledges that in the event of such a termination, actual damages to Freedom Disposal Services LLC would be uncertain and difficult to ascertain, such amount is the best, reasonable and objective estimate of the actual damages to Freedom Disposal Services LLC, such amount does not constitute a penalty, and such amount is reasonable under the circumstances. Any amount payable under this paragraph shall be in addition to amounts already owing under this Agreement. This early termination fee does not include any removal and or restocking fees regarding the equipment. Should Customer terminate this Agreement prior to the expiration date, Freedom Disposal Services LLC is authorized to charge the credit/debit card on file for the agreed upon amount of liquidated damages and/or removal fees. If payments were authorized via an ACH payment, then Freedom Disposal Services LLC is authorized to initiate an ACH payment for the collection of liquidated damages and/or removal fees for the termination of the Agreement prior to the expiration date. Customer hereby waives the right to dispute said termination charges and/or removal fees with its financial institution.
				  
EXCUSED PERFORMANCE & CURE PERIOD. Except for Customer’s obligation to pay amounts due to Freedom Disposal Services LLC, any failure or delay in performance due to contingencies beyond a party’s reasonable control, including strikes, riots, terrorist acts, mechanical failures, compliance with Applicable Laws or governmental orders, fires, and other acts of God, shall not constitute a breach of this Agreement. Freedom Disposal Services LLC shall be allowed a reasonable cure period for any performance failures alleged by Customer.

TITLE. Freedom Disposal Services LLC and shall acquire title to Waste Materials when they are loaded into the Freedom Disposal Services LLC truck. Title to and liability for any Excluded Waste and any Waste Materials removed by Freedom Disposal Services LLC due to overloaded equipment shall remain with Customer and shall at no time pass to Freedom Disposal Services LLC.
				  
ASSIGNMENT. Freedom Disposal Services LLC may assign this Agreement at any time. Customer may assign this Agreement to a successor upon the consent of Freedom Disposal Services LLC, which shall not be unreasonably withheld. By agreeing to Freedom Disposal Services LLC “Terms and Conditions” Customer agrees that successors in ownership and or assigns are bound by this agreement.
				  
MISCELLANEOUS. This Agreement sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that may exist between the parties regarding the subject matter of this Agreement. Freedom Disposal Services LLC shall have no confidentiality obligation with respect to any Waste Materials. All calls to and from Freedom Disposal Services LLC are recorded and monitored for record-keeping, training, and quality assurance purposes. This Agreement shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. Customer agrees that it shall not engage in any business activity with any other waste/recycling company that employs a former employee of Freedom Disposal Services LLC for a period of two years after the termination of this Agreement. If any provision of this Agreement shall be invalid, illegal, or unenforceable, it shall be modified to be valid, legal, and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Virginia. Customer consents to personal jurisdiction and venue in the courts for the County of Warren, State of Virginia. Customer and Freedom Disposal Services LLC agree that electronic signatures are valid and effective, and then an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though it were an original. By signing this agreement Customer agrees to all Freedom Disposal Services LLC Terms and Conditions contained in this agreement and all Terms and Conditions which may be updated and set forth at www.freedomdisposalservices.com unless Customer makes or written objection to the amendment within (14) fourteen days of the update.

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