Homeland Waste Management LLC Service Terms and Conditions of Use
Definitions As used in these Terms and Conditions (the “Agreement”), the following terms shall have the following meanings: “Homeland” or “Company” means Homeland Waste Management LLC “Business Day” means Monday through Friday, excluding Federal Reserve holidays and Homeland holidays. “Customer,” “you” and “your”, means the person, at least 18 years of age, who ordered and receives Homeland services. “Customer Service Hours” means a Business Day. “Cutoff Time” means 4 p.m. Central Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day. “Equipment” means any or all goods provided by Homeland. “Payment” means the information provided by you to the Service for one or more bill payments to be made to Homeland. “Payment Account” means your checking or savings account or credit or debit card from which your bill payments will be made. “Payment Instructions” means the banking instructions you enter with respect to the Payment. “Payment Send Date” means the Business Day(s) upon which your bill payment(s) will be made through your Payment Account (a Payment Send Date of a non-Business Day will be considered to be the previous Business Day). “Service” means any goods or services offered by Homeland. Paperless Terms and Conditions If you have signed up for Paperless receipt of Statements and Notice (as more fully described below), you agree and provide your E-sign consent, to the following:
These terms and conditions shall constitute your copy of your authorization to HOMELAND to automatically and on a recurring basis, charge your credit card or debit your debit card account each month in the amount of the total balance due on your HOMELAND Statement. Please print a copy of these terms and conditions and your authorization for your records. Checking or Savings Account By agreeing to these terms and conditions, you authorize HOMELAND to automatically transfer electronically each month, from the checking or savings account that you have specified, the total balance due on your monthly HOMELAND statement. You agree that the checking or savings account specified by you for automatic recurring monthly payments to HOMELAND is and will continue to be an account that you control , and that you will maintain sufficient funds in that account to pay your monthly HOMELAND Statement. The automatic monthly electronic fund transfer from your checking or savings account will occur on or after the payment due date on your HOMELAND Statement. The total balance due on your HOMELAND Statement may vary from month to month depending on the services requested by you and provided by HOMELAND. At least 10 days before the payment due date, HOMELAND will send you an e-mail informing you that the Statement is available for viewing online; if you choose to also receive a statement via USPS, the Statement will be mailed at least 10 days before the payment due date. Your monthly HOMELAND Statement will constitute your notice of any variance in the amount that will be automatically transferred from your checking or savings account from month to month. If you have any questions about the total balance due on your HOMELAND Statement, you should contact HOMELAND Customer Care. You may cancel your automatic recurring charge payment authorization by following the appropriate instructions on the Service website or by contacting HOMELAND Customer Care. HOMELAND reserves the right to cancel this automatic recurring payment option at any time. If the automatic recurring charge payment option is cancelled, you are responsible for making arrangements to pay the total amount due on your HOMELAND Statement each month. It may take up to 20 days for your automatic recurring payment option to be set up. Please continue to pay the total amount due on your HOMELAND Statement until the recurring charge option is set up. You will know the option is set up when you see a message on your HOMELAND Statement indicating that you should not pay the balance due and that your payment will be made by the payment due date. These terms and conditions shall constitute your copy of your authorization to HOMELAND to automatically and on a recurring basis, make an electronic fund transfer from your checking or savings account each month in the amount of the total balance due on your HOMELAND Statement. Please print a copy of these terms and conditions and your authorization for your records.
Password and Security To use the Service, you must complete the online registration process by providing HOMELAND with complete and accurate information on the registration form. HOMELAND will send an e-mail, to the e-mail address you provided, confirming your Service registration. It is your responsibility to keep this e-mail address current and to inform HOMELAND of any changes to your e-mail address. Except as provided herein, HOMELAND will not be responsible for any loss you may incur as a result of someone else’s misuse of your password banking information, credit or debit card or checking account information or account through the Service either with or without your permission. Contact HOMELAND Customer Care immediately if you believe that your Password or other means to access your Payment Account through the Service has been lost or stolen or that someone may attempt to use the Service with your Password but without your consent.
Errors and Questions In case of errors or questions about your online transactions, you should contact us as soon as possible. If you think that your HOMELAND bill statement is wrong or you need more information about a transaction listed on the statement, HOMELAND must hear from you no later than 30 days after you received the FIRST statement on which the problem or error appeared. You must: Tell HOMELAND your name and account number; Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, Tell HOMELAND the dollar amount of the suspected error. If you tell HOMELAND verbally, HOMELAND may require that you send your complaint in writing within 10 Business Days after your verbal notification. HOMELAND will tell you the results of its investigation within 30 Business Days after we hear from you and will move to correct any error promptly. If HOMELAND needs more time, however, HOMELAND may take up to 45 Business Days to investigate the complaint or question. If HOMELAND decides there was no error, HOMELAND will contact you with an explanation within 3 Business Days after it finishes the investigation.
Disclosure of Account Information to Third Parties By completing the enrollment form, you are authorizing HOMELAND to display billing and payment information on a secured Internet site. HOMELAND will disclose information to third parties about your account or the transactions you make ONLY in the following situations: Where it is necessary for completing transactions; In order to comply with a governmental agency or court orders; If you give us your written permission; or As otherwise permitted by this Agreement. Charges There are no charges to you associated directly with the Service. Any fees associated with your Payment Account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. In the Event a Service Transaction Is Returned In using the Service, you are requesting the Service to make payments for you from your Payment Account. If HOMELAND or Service Provider are unable to complete the transaction through the Service for any reason associated with your Payment Account (for example, there are not sufficient funds or credit in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from HOMELAND. In such case, you agree that: You will reimburse HOMELAND immediately upon demand the transaction amount that has been returned to HOMELAND. You shall be liable for late payment charges, insufficient fund charges, or any other applicable charges. HOMELAND is authorized to report the facts concerning the return to a credit-reporting agency. Alterations and Amendments HOMELAND reserves the right to change this Agreement from time to time, including without limitation, with respect to applicable fees and service charges. Further, HOMELAND and/or the Service Provider may, from time to time, revise or update the programs, services, fees and/or related material that may render obsolete all prior versions of such programs, services and/or material. You are responsible for regularly reviewing this Agreement. Your continued use of the Service shall constitute your agreement to this Agreement and all amendments to this Agreement. You agree that HOMELAND may institute fees, surcharges and/or any tax at any time and consent to these additional fees, surcharges and/or taxes to be subject to any recurring payments. E-mail Address or Banking Changes You agree to notify HOMELAND through the Service website at least 10 Business Days in advance of any change in your Payment Account or your banking status. You are responsible for keeping your correct and current banking and email address information. You should contact HOMELAND by telephone when you need to update any above information.
Termination or Discontinuation In the event you wish to discontinue use of the Service, you can do so by contacting HOMELAND at least 10 days prior to the actual discontinuance date. HOMELAND may terminate the Service and/or revoke your right to use this Service at any time for any or no reason. Neither termination nor revocation shall affect your liability or obligations under this Agreement. If you wish to terminate your cable and/or other subscription services from HOMELAND, you will need to call HOMELAND to make the necessary arrangements.
Information Authorization Your enrollment in the Service may not be fulfilled if HOMELAND and/or the Service Provider cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that HOMELAND and/or its Service Provider reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that HOMELAND and/or its Service Provider reserve the right to obtain financial information regarding your account from a financial institution to resolve payment-posting problems. How to Contact Homeland Waste Management LLC Visit our Contact Us page for office hours, locations and telephone numbers. You should contact HOMELAND by telephone at 972-454-9005. Any communication with HOMELAND referenced in these Terms and Conditions should be made by contacting HOMELAND at the above telephone number.
Governing Agreements and Law In addition to these Terms and Conditions, you agree to be bound by and will comply with the requirements of all other agreements that HOMELAND provides you with and all other rules and regulations incorporated or referenced in any product or service agreement between you and HOMELAND and any funds transfer systems that HOMELAND uses and applicable state and federal laws and regulations. Disputes In the event of a dispute regarding any service or product of HOMELAND, you and HOMELAND agree to resolve the dispute by looking to the applicable Agreement. You agree that, with regard to the Service, this Agreement constitutes the complete and exclusive statement of the agreement between you and HOMELAND and that they supersede any proposal or prior agreement, oral or written, and any other communications between you and HOMELAND relating to the Service. If there is a conflict between what an employee of the Service Provider or HOMELAND says and this Agreement, this Agreement will prevail. If there is a conflict between the terms of any HOMELAND agreements, the primary agreement for the particular product or service will prevail, as determined by HOMELAND. YOU SHOULD PRINT AND RETAIN THIS DOCUMENT FOR SAFEKEEPING AND REFERENCE AT ANY TIME DURING USAGE OF THE SERVICE. I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE TO THIS AGREEMENT FROM TIME TO TIME.
Limitation of Liability You agree that HOMELAND shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or any material or data sent or received or not sent or received. You agree that HOMELAND is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights. IN NO EVENT SHALL HOMELAND (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF US$50.00 OR THE FEES PAID BY YOU FOR ACCESS EVEN IF HOMELAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification You agree to (a) defend HOMELAND and its employees, contractors, officers, directors and representatives against any action or suit that arises out of your use or misuse, any transaction or other dealings with any other user or other third party in which you are involved, or your breach of any of your representations, warranties or covenants under this Agreement and (b) indemnify HOMELAND for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. Foursquare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with HOMELAND in asserting any available defenses. Disputes; Choice of Law and Forum A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Agreement shall be governed by and construed in accordance with the laws of the State of Texas (excluding its conflicts of law rules) and the United States of America. In the event of any conflict between US and foreign laws, rules and regulations, US laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Agreement or use of the Platform shall be filed only in the state or federal courts located in Ellis County, Texas, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Any claim or cause of action pertaining to HOMELAND shall be for all purposes filed and initiated and maintained in Ellis County, Texas. Integration and Severability
This Agreement, in addition to any other written agreements, you may have entered into with HOMELAND regarding specific services, are the entire agreement between you and HOMELAND supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and HOMELAND. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. General Provisions
Your rights and obligations under the Agreement are personal to you, and are not assignable, transferable or sublicensable by you except with HOMELAND’s prior written consent. HOMELAND may assign, transfer or delegate any of its rights and obligations here under without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the this Agreement, and neither party has any authority of any kind to bind the other in any respect. All notices under this Agreement will be in writing (including electronically) and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile, e-mail or through the service; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. There are no pro-rate refunds if you cancel service.
If a customer signs up for trash service, the customer agrees for HOMELAND to provide residential trash service for a minimum of twelve (12) months. The service will be $22.99. HOMELAND may increase the price from time to time from $16.99 as HOMELAND deems proper in its customary business practices. If the customer fails to honor his or her obligation to the 12 month agreement, he or she agrees to pay a cancellation fee of $150.00 to HOMELAND for breach of agreement. This amount may be pro-rated depending on the date the customer cancels service. The customer must provide a valid credit or debit card to HOMELAND and billing and billing may be recurring. The customer must call his or her prior trash provider to cancel service. HOMELAND may cancel service at anytime without penalty.
We truly value your business and would like to thank you for the opportunity to be your Dependable Trash Service Provider.
HOW TO PRESENT YOUR TRASH: We ask that you bag all your trash, to help us keep your residence clean and allow our crew to do their job safely and efficiently. We’ve been reminded by local law enforcement that it’s a law and they’re cracking down on this, which is why we’ll need to begin enforcing that all loose trash be bagged. If you have any boxes that you need picked up, we’ll take them, we just ask that you have them broken down flat and stacked nicely.
TRASH LIMIT: The Service Plan you’ve purchased determines how much trash you can put out for pickup each week. If you have the need to exceed your weekly limit, you’ll need to give us a call so we can quote you and scheduled it for pickup.
SERVICE BEGINS: We begin our scheduled routes at 6 am. We ask that you have your trash available for pickup by 6 am on your scheduled pickup day. If your trash is not available when we arrive, you’ll have to wait until your next scheduled pickup day. There will be no refunds for missed weeks, due to your trash not being available for pickup when we arrived.
BULK NEEDS: Any Trash exceeding your weekly Limit, is considered BULK Trash. All BULK or SPECIAL Pickups must be quoted and scheduled by calling us at 972-454-9005.