1. Definitions
“SpongeBin” refers to SpongeBin Mobile Bin Wash, a Wheel Bin Cleaning Company having its primary office at Cortial, Kilkerley, Dundalk, Co Louth or any of its subsidiaries;

The “Customer” or “You” or “Your”, refers the individual or entity who accepts these terms and conditions and avails of the Services and/or completes the “Customer Application form” or their duly nominated individuals authorised to act, or receive or send communication on their behalf;

“Customer Application form” means the application for Services completed by or on behalf of the Customer for the services and all information, consents and statements contained therein, which may be given in written form, over the telephone or online;

“Data Protection Legislation” means the Data Protection Act, 1988 and the Data Protection (Amendment) Act, 2003 as amended from time to time;

“Services” means the provision of the Wheel Bin Cleaning Service, the cleaning of both domestic and commercial wheel bins and any other service provided by SpongeBin to the Customer;

“Wheel Bin Cleaning Service” refers to the regular cleaning process of the Customers’ Bins by SpongeBin;

“Bin”(s) means any wheelie bin supplied by an authorised waste collector to the Customer to which SpongeBin provided its Services;

2. Agreement
This agreement sets out the terms and conditions that apply to your purchase of services from SpongeBin. These terms and conditions a legally binding agreement (“Agreement”) between SpongeBin and the Customer. By accepting delivery of Services and or related products, the Customer agrees to be bound by and accept these conditions. No variation to these terms and conditions shall form part of the Agreement unless the changes have been made in accordance with this agreement.

3. Billing & Payment Terms
3.1 The price of the service provided shall be SpongeBin’s price ruling at the date of the Customer application form or as subsequently advised by the company.

3.2 The Price of Services may vary from time to time. SpongeBin will provide written advance notification (by email or post) to the Customer in advance of any change to domestic service charges. Such notice shall be provided at least 14 days in advance of coming into effect.

3.3 SpongeBin may for operational reasons change its billing method and frequency after prior notification to the Customer. SpongeBin’s absolute preference is to issue bills in a paperless format and we may impose an administration charge for the issue of a paper bill. This charge depending on the payment plan should not exceed €2 on an annual basis.

3.4 SpongeBin may, without notice, suspend service to the Customer wholly or partially if an Invoice is outstanding for 30 days after the invoice date. In the event of overdue payments, the Customer agrees to pay all bin cleans and other costs incurred by SpongeBin in the settlement process.

3.5 If the chosen method of payment is Recurring Payments the Customer must ensure that the Card details provided are from a debit account which can accept Recurring Payments. In the event of a cancellation of a Recurring Payment the Customer shall duly notify SpongeBin in writing of such cancellation.

It is the responsibility of the Customer to advise SpongeBin in writing of any change to Debit Card details provided on the original Recurring Payment account.

Customers on monthly recurring payment plans have signed up for a minimum contract of 12 months, if a customer breaks the contract SpongeBin remains the right to full 12 months payment, losses incurred by SpongeBin will be passed onto the customer.

3.6 Where Invoices or other communications are sent by post, they shall ordinarily be sent to the billing address shown on the Customer application form (or any other address notified to SpongeBin) and shall be deemed received by the Customer on the second postal date after the date of posting, and will be deemed received by the Customer on the same day if sent by Email.

3.7 If the chosen method of payment is by an alternative means other than Recurring Payments, the Customer must ensure that their SpongeBin account is maintained in a paid status position to ensure continuance of service. It is the Customers responsibility to ensure that adequate time is allowed for payments to be received at SpongeBin.

3.8 The Customer may change from one billing plan to another with effect from the beginning of any charging period by telephoning the company on 042 93 77611 or by written notice – postal or email. It is incumbent upon the Customer to ensure SpongeBin has received this notification.

3.9 SpongeBin’s trucks are fitted with Bin Identification Technology. This means that our bin cleaning vehicles can identify individual accounts and whether the bins should be cleaned. It is important that you keep your account paid up to date and within the payment terms as detailed on your invoice. Payment must be made a minimum of 3 working days in advance to ensure your account is updated. If your account is not within our agreed terms our system will automatically reject your bins for bin cleaning. Same day payment cannot guarantee bin cleaning.

3.10 SpongeBin will not accept any liability if the bin(s) is moved to a different location without prior timely notice to SpongeBin.

3.11 Where practicable, SpongeBin will make best endeavours to keep you informed of updates to your account, reminders of your payments due and other such items directly related to the service delivery or the payment for such services via electronic methods such as SMS or email.

4. Service Agreement
4.1 This Agreement is personal to the Customer. The Customer shall not, except with SpongeBin’s written consent or in accordance with SpongeBin’s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part. Presentation of Bin for Bin Cleaning Service will be deemed as acceptance of terms and conditions as detailed herein.

4.2 The term of the Agreement shall be for a minimum period of 12 months from the first billing date or the contract commencement date subsequently advised by the company, renewable annually

4.3 SpongeBin may modify or suspend the service wholly or partially, with or without notice, if such action is deemed necessary by SpongeBin (e.g. Health & Safety, Security or other valid reasons) or if SpongeBin is requested by an authorised authority.

4.4 SpongeBin will only service Wheelie Bins that are left out on the kerbside.
4.5 Bins must be left out on kerbside the night before the scheduled bin cleaning day or if the bin cleaning day occurs the same day as bin collection the bins must be left out on the kerbside after collection for cleaning.

4.6 Late presentation of a Wheelie Bin will not be serviced until the next scheduled bin cleaning date.

4.7 The night before your scheduled bin collection, carefully loosen the corners of the bin liner supplied and fitted by SpongeBin, this will allow the liner storing the waste contents to fall straight into the lorry. Please note, only loosen the bag on the collection before your scheduled clean.

4.8 All Bins must be empty, it is the customers responsibility to ensure that no waste contents are in their Wheelie Bins on scheduled bin cleaning day, SpongeBin is not a registered waste collection provider and therefore, cannot take waste from householders.

4.9 In such case where service is not carried out on the day specified in the cleaning schedule SpongeBin reserves the right to reschedule the visit to the next reasonable opportunity for such service and no claim shall lie against SpongeBin by the Customer in this respect.

4.10 Wheelie Bins provided to the Customer remain the property of their waste collection provider. SpongeBin reserves the right and have full permission to put stickers onto each customer’s bin for identification and promotional purposes.

4.11 Please note that, if notified by SpongeBin that your account is on stop – you must make payment at least 3 full working days before next bin cleaning day to ensure your service resumes.

4.12 In no event shall SpongeBin be liable to the Customer for damage or losses suffered by the Customer as a consequence of acts or omissions of third parties.

4.13 Fair usage policies will apply at all times, such as: where in the opinion of the company, one service is being shared amongst multiple households, or the service is business related bin cleaning, we reserve the right to suspend services, or charge additional fee’s commensurate with the product / service being provided. The company’s decision will be final.

4.14 Updates to Terms & Conditions: We will make every reasonable effort to communicate updates to future Terms & Conditions, by letting you know that they are published on-line, on our webpages, and email them to you, as well as copies being available in each office. The sending of such electronic notices to the given contact details, will be deemed as receipt of such updated terms & conditions. Normal acceptance criteria will apply.

5. Termination of Service
5.1 Either SpongeBin or the Customer may terminate this Agreement on the expiry of the Term. If the Agreement is terminated by you before the expiration date of the Term for any reason other than SpongeBin’s failure to adhere to these terms and conditions, You are liable to pay the sum of the monthly charges which would otherwise be payable until the end of the Term. Likewise, if the Services for the Term have been paid by You in full, You will not be entitled to a refund. SpongeBin may terminate the service before the expiration date of the term upon provision of at least 14 days notice to you. Any credit balance (if applicable) will be refunded to You subject to section 5.5

5.2 Upon expiry of the Term, unless you provide not less than 30 days (“Termination Notice”) notice either by email, letter or by phone to SpongeBin, this Agreement will be renewed on an annual period to period basis on the basis of the same Terms and Conditions.

5.3 SpongeBin will only accept notification regarding changes or cancellation of the Customer Agreement from You and not from any unauthorised third parties.

5.4 An account will not be terminated until such time as any monies owed on the account is paid in full.

5.5 SpongeBin will only issue refunds on receipt of the required written termination notification. The refund claim period is valid for 30 days from the written documentation regarding the cancellation.

5.6 If a contract is terminated for whatever reason before the minimum contract term of 12 months, the following cancellation charge will apply; (i) early cancelation fee – full payment by the customer of losses occurred by SpongeBin as a result of early cancelation.

6. Data Protection
SpongeBin collect and Process personal data for legitimate business purposes undertaken by SpongeBin which are connected with the delivery of services to You. SpongeBin agrees that it will comply with the provisions of the Data Protection Legislation and any other applicable data protection laws in connection with the performance of its obligations under the Agreement.

7. Severability
If at any time any one or more of the provisions of the Agreement or any part thereof is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

8. Law
These terms and conditions and any claims or disputes arising out of or in connection with these terms and conditions shall be governed by and construed in accordance with Irish law. Both SpongeBin and You irrevocably agree to submit to the exclusive jurisdiction of the courts of Ireland in relation to any claim or matter arising under or in connection with these terms and conditions.