This Weekly Trash Pickup Agreement (“Agreement”) is made as of the date this agreement has been electronically signed, by and between IDS Dumpster Service, having its principal place of business at 402 Acorn Drive, Appomattox, VA 24522 (“Company”), and by *the name listed on the signed invoice* representing the property at *address listed on the signed invoice”, (“Customer”).

Trash Containers.

Company will not pick up waste that is not located in the Company provided 96-Gallon trash container. Company is not responsible for personal trash containers and lids that are lost or damaged.

Customer agrees they are responsible for the cleaning of the trash containers.

Customer agrees there will be a fee for any trash container in need of repair or replacement due to negligence or misuse.

Trash containers remain the property of Company and are provided to Customers for the duration of the service.

Setout Requirement.

To help ensure pickup, Customer will have their trash containers at the agreed on location no later than 6 a.m. on pickup day. If trash container is not out and ready to be picked up, Customer understands they will have to wait until the following week for the trash pickup and there will be no reimbursements or credits from the Company on their account.

Customer understands that anything left within 10 feet of collection area may be collected as trash.

Content Regulations.

Customer is fully responsible for the entire contents of the container and is the rightful owner of the container’s contents until the container is dumped and the contents are accepted by the prospective disposal facility.

Customer warrants and represents that the trash container will not contain any hazardous materials and acknowledges that the disposal of such hazardous materials is strictly prohibited. For purposes of this Agreement, “hazardous materials shall mean any waste which is listed, has the characteristics of, or is otherwise identified as hazardous waste or subject waste under applicable state or federal laws or regulations, including but not limited to the Resource Conservation and Recovery Act of 1976 (42 U.S.C. et seq. and the regulations promulgated thereunder). “Unacceptable material” shall mean any non-hazardous waste which is not permitted to be processed at a facility under applicable laws or permits, source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 and the regulations thereunder; asbestos-containing waste; mercury-containing waste; and any waste delivered by Customer which is not approved by Company. TIRES, CHEMICALS, PAINT, AND BATTERIES ARE PROHIBITED! These items are charged at minimum $25.00 per item if placed in a trash container and may be returned to the Customer at their expense. If Customer has any questions about whether a particular material is considered hazardous or prohibited, they agree to call the Company before disposing of the material in the trash container.

In the event that contents that are not allowed by this contract or any Federal, State, or City agency are disposed of, all costs, fines, penalties, or other actions taken for said disposal, the Customer is fully responsible for any and all associated charges. Costs may include but not be limited to cleanup, monitoring, legal fees, penalties, or any other charges associated with unauthorized material disposal. Materials may be returned to the Customer at the Customer’s expense.

Permits and Approvals.

Customer shall be responsible for obtaining all necessary permits and approvals and paying all fees that may be incurred in conjunction therewith.

Safety Considerations.

Tying lids to trash containers may endanger our collection crew so it is asked to not do so.

Customer understands sharp objects, such as needles, razor blades, and knives, will need to be placed inside of durable plastic bottles, sealed with tape, placed in the trash and marked accordingly.

Customer understands large pieces of glass will need to be duct taped along the edges with a large X taped in the center from corner to corner, to reduce the risk of injuries.

Customer understands ashes remain hot for several days, please store them in a metal container outside of your home for a week prior to putting them in the trash container.

Weekly Pickup Service.

Company will pick up trash located inside the 96 gallon trash container once a week on the agreed on day at the Customers address.

For other household items, such as, cleanout, appliances, furniture, carpet, construction material, brush, and other large or bulky miscellaneous items that will not fit inside the trash container, Customer agrees to dispose of that material on their own or will contact the Company to discuss the possibility of picking up the item(s).

Weather Cancellations and Delays in Service.

The Company at times may need to cancel or postpone collection services due to weather, disasters, acts of God, emergencies, or uncontrollable circumstances. Areas that remain unserviceable will be postponed until it is determined that our collection crew can operate safely. When delays in service occur, our crew will run all accessible routes as normal and continue into the following days until the route is completed. The Company will make every effort to provide service as conditions allow. The Company will inform Customer of the situation as soon as possible and inform them of the day weekly collection will be attempted.

For up to date information concerning delays and cancelations please contact the Company at 434-665-1099.

Customer understands there will be no adjustments made to their bill for service cancellations or delays due to situations out of our control, such as: weather, unsafe road conditions, etc.

Holidays.

The Company will not provide service on Independence Day, Thanksgiving, Christmas Eve, or Christmas Day.

Depending on landfill and transfer station availability, the Company may not be able to provide the weekly pickup on other holidays as well. However, the Company will provide the Customer with at least a 7 day notice to inform the Customer of the day the pickup will occur for that week.

Payments and Invoices.

Customer understands that payments are due on the first business day of each month to the Company. Any payment received after the 5th of each month with incur a $5 late fee for the first 5 days late (6th-10th,) $10 for 6-10 days of being late (11th-15th,) $20 for 11-25 days of being late (16th-30th.)

Customer understands that this is a pre-paid service. Therefore, weekly pickup will not be performed at the Customers address if the account has not been paid for the month. If pickup is not completed due to the Company not receiving payment, Customer understands they will still have to pay the full invoiced amount for that month to have weekly pickup resumed. Customer understands that there will be no proration on their account.

Payment will be accepted by cash, check, or credit/debit card.

Customer understands that if the account is paid by a credit/debit card the Company will charge a 3% convenience fee.

Checks need to be written to “IDS Dumpster Service.”

Customer understands that any payment that is mailed must be mailed to IDS Dumpster Service at 7401 Red House Road Appomattox, Virginia 24522 and the payment received date will be based on when the envelope is postmarked by the post office.

Customer understands that there will be a $75 returned check fee and will be responsible for late payment charges until another payment has been received.

Customer understands that if a full month goes by and a payment is not made on the account the Company will arrange for the collection of the trash container.

Rate Changes.

The Company will provide a minimum of a 30-day written notice to the Customer in the event of a rate increase and it will become effective as of the date stated in the notification. Invoices will be adjusted for the increase even if prepayment has been made at the previous rate.

Customer agrees to pay the monthly amount of $25 per month for weekly trash pickup.

Service Cancellation.

Customer understands they must personally notify the Company in advance when they plan to move, cancel, or transfer service.

Upon cancellation of service, the trash container will be scheduled for removal and to be returned to the Company. If the equipment is not recovered, or is lost or stolen, the Customer understands they will be charged $150 to cover the cost of the Company’s property.

Customer has the right to cancel the service at any time and for any reason. Customer understands that there will be no refunds for services paid.

Indemnification.

Customer agrees to indemnify and hold harmless Company from, against and in respect to any and all claims, losses, expenses, damages, obligations and liabilities (including costs of collection and reasonable attorney’s fees) of any kind or nature whatsoever, including any misrepresentation, breach of warranty, or non-fulfillment of any representation, warranty, covenant or agreement of or by Customer in this Agreement. This provision shall survive the termination of this Agreement.

Notice.

Any notice required or permitted to be given under this Agreement shall be sufficient only if in writing and if sent by United States mail, certified, return receipt requested, postage prepaid, to the Company at the addresses set forth in the first paragraph of this Agreement.

Agreement.

This Agreement may be modified only by an agreement in writing signed by both the Customer and the Company.

This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to the conflicts of law rules of such state.

Customer agrees that each provision contained in this Agreement shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions or parts thereof contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject so as to be unenforceable at all, such provision or parts or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the then applicable law.

A waiver of any claim, demand or right based on the breach of any provision of this Agreement shall not be construed as a waiver of any other claim, demand or right based on a subsequent breach of the same or any other provision.

Any notice required or permitted to be given under this Agreement shall be sufficient only if in writing and if sent by United States mail, certified, return receipt requested, postage prepaid, to the Company at the addresses set forth in the first paragraph of this Agreement.

Electronically Signing Agreement.

By electronically signing this Agreement, Customer understands and agrees they are not signing the Agreement to acknowledge they received and reviewed the document, but that they are bound to the terms of the entire Agreement.

Customer understands that they do not have to sign the Agreement electronically and can request to receive a paper Agreement to sign. However, by the Customer electronically signing the Agreement they understand they have opted out of a paper Agreement (but may request a printed copy of the Agreement at any time by contacting the Company.)

This Agreement contains the entire Agreement between both the Company and the Customer and supersedes all prior Agreements and understanding, oral or written, between both the Company and the Customer with respect to the subject matter hereof. No representation, inducement, promise, understanding, condition or warranty not set forth herein has been made or relied upon by either the Company or the Customer.

IN WITNESS WHEREOF, the Company and the Customer have hereto executed this Agreement as of the date this Agreement has been electronically signed.