Terms and Conditions Policy

  1. Term. Monthly subscriptions are billed every four weeks and quarterly subscriptions are billed every twelve weeks. If a customer signs up in the middle of a billing cycle, they will be prorated for services accordingly. Customer can cancel service at the end of their billing term.
  2. Waste Hauling Services.  Sundance Sanitation LLC (SS), dba Sundance Waste and dba Sundance Recycling, will serve as Customer’s exclusive agent for the management of solid waste disposal and / or recycling.  SS shall provide Customer with waste collection, transportation and disposal services for Customer’s waste, refuse and/or recyclable materials, and Customer grants to SS the exclusive right to provide such services to Customer.  Customer hereby grants SS and its subcontractor the right to enter upon its property to perform the services.  Customer represents and warrants that, except as disclosed in writing to SS prior to the execution of this Agreement, it has no existing agreements with other companies or entities for the provision of such services, and hereby agrees to defend and hold SS harmless from any claims, losses or damages resulting from any actions regarding any undisclosed preexisting contracts. 
  3. Service Fees.  Customer shall pay SS monthly service fees in accordance with the “Schedule of Charges” set forth in this Agreement and the invoices delivered to Customer, as such amounts may be adjusted and additional charges assessed from time to time pursuant to section 5 below.  Payment is due in full on the receipt of invoice. Customer shall pay SS for additional services performed by SS that are not specifically set forth in this Agreement, in accordance with the terms of this Agreement.  If a Customer’s account has not been paid within thirty (30) days from the invoice date, SS may, in its sole discretion, assess a monthly finance charge not to exceed the maximum interest rate allowed by law on all past due accounts and charge administrative fees or other charges.  If Customer fails to timely pay its invoice, SS may, in addition to any other remedies available to SS, terminate this Agreement or suspend services until the Customer’s account has been paid in full.   
  4. Change in Service.  In the event Customer requests any additional services or a change in the type or frequency of service, SS will submit to Customer the service fees to be charged for such services.  Upon agreement of the adjusted service fees, such modification shall become a part of this Agreement.
  5. Rate Adjustments. Customer agrees that SS may either proportionately adjust the service fees hereunder or add additional surcharges to adjust for any increase to SS or its subcontractor in disposal, fuel and environmental costs; any increases in transportation costs due to changes in location of the disposal facility;  for changes in the Consumer Price Index; increases in the average weight per container yard of the Customer’s Waste Materials (SS’ initial assumption is that Customer’s Waste Material does not exceed 85lbs per cubic yard); increased costs due to uncontrollable circumstances, including without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or other governmental charges assessed against or passed through to SS or its subcontractor (excluding income or real property taxes) and acts of God such as floods, fires, terrorist acts, etc.  Payment of such increased service fees or additional surcharges shall not be withheld by the Customer.  Increases in the service fees or additional surcharges for reasons other than set forth above requires the consent of the Customer which may be demonstrated verbally, in writing or by the actions and practices of the parties, including Customer’s continued use of the services. Any written price-protection amendment or changes to “Schedule of Charges” will supersede the terms of this Section.
  6. Waste Materials.  Customer warrants that the waste materials placed by Customer in SS’ or its subcontractor’s containers and delivered to SS or its subcontractor shall not contain any hazardous, volatile, corrosive, highly flammable, explosive, infectious, toxic or radioactive waste or substances as defined by applicable federal, state, local or provincial laws or regulations.  SS or its subcontractor, as applicable, shall acquire the title to waste materials when loaded into hauler’s vehicle; provided however, that title to and liability for the waste materials excluded from this Agreement shall remain with Customer, and Customer agrees to indemnify, defend and hold harmless SS and its subcontractor, and their respective agents and employees, against all claims, damages, suits, penalties, fines and liabilities arising out of breach of the above warranties including, without limitation, liabilities for violation of laws or regulations, or for injury or death to persons or the loss or damages to property or the environment.. 
  7. Equipment. Customer acknowledges and agrees that all equipment furnished hereunder by SS or its subcontractors shall remain the property of SS or its subcontractor.  Customer acknowledges that it has care, custody and control of the equipment while at the Customer’s location and accepts responsibility for all loss or damage to the equipment (except for normal wear and tear or for loss or damage resulting from SS or its subcontractor’s handling of the equipment) and for its contents.  SS reserves the right to charge an additional fee for any additional collection service required by Customer’s failure to provide reasonable access to SS’ or its subcontractor’s equipment. 
  8. Driveways and Pavement Damage.  Customer warrants that any right of way provided by Customer for SS’ or its subcontractor’s Equipment location to the most convenient public way is sufficient to bear the weight of all of SS’ or its subcontractor’s Equipment and vehicles reasonably required to perform the service herein contracted.  SS or its subcontractor shall not be responsible for damage to any private pavement or accompanying sub-surface of any route reasonably necessary to perform the services herein contracted, and Customer assumes all liabilities for damage to pavement or road surface.

    Breach and Damages.
  9. Breach. Customer will be in breach of this Agreement if it: (1) fails to pay all service fees as set forth in this Agreement; (2) attempts to terminate this Agreement without prior written notice as set forth in this Agreement; and/or (3) fails to comply with any of its obligations set forth in this Agreement.  Customer shall provide SS with written notice of any problem which it believes constitutes a failure by SS to fully perform its obligations under this Agreement. SS shall not be liable under any circumstances for any punitive, special, incidental or consequential damages arising out of or in connection with the performance or non-performance of this Agreement.
  10. Liquidated Damages. In the event Customer terminates this Agreement prior to its expiration other than as a result of a breach by SS, or SS terminates this Agreement for Customer’s breach, including nonpayment, Customer agrees to pay to SS as liquidated damages a sum calculated as follows: (i) if the remaining term under this Agreement is six or more months, Customer shall pay an average of its three previous monthly charges multiplied by six: or (ii) if the remaining term under this Agreement is less than six months, Customer shall pay an average of its three previous monthly charges multiplied by the number of months remaining in the term.  Customer acknowledges that in the event of an unauthorized termination of this Agreement, the anticipated loss to SS would be difficult to calculate and that the liquidated damages estimated in the amount set forth in the foregoing provision is reasonable and is not imposed as a penalty.  In the event Customer fails to perform its obligations hereunder, and SS refers such matter to an attorney, Customer agrees to pay, in addition to the amount due, any and all costs incurred by SS as a result of such action, including reasonable attorneys’ fees.
  11. Waiver. The failure of SS to exercise any right to terminate this Agreement and/or collect damages against Customer for any breach of this Agreement will not constitute a waiver of any of SS’ rights under this Agreement.
  12. Miscellaneous.   (a) This Agreement shall be governed in all respects by the laws of the State of Texas, without giving effect to the conflict of laws rules thereof; (b) This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective subsidiaries, successors and permitted assigns.  SS may assign or subcontract its obligations and rights under this Agreement without the consent of Customer.  Customer may not assign it obligations or rights under this Agreement without the prior written consent of SS; (c) Neither party hereto shall be liable for its failure to perform or delay in performance hereunder (other then an obligation to pay money) due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, compliance with laws or governmental orders, inability to get to container, fires, inclement weather or acts of God and such failure shall not constitute a default under this Agreement; (d) This Agreement represents the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other agreements, whether written or oral, that may exist between the parties with respect to the subject matter of this Agreement, (e) if  any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and all other provisions shall remain in full force and effect; and (f) SS and Customer agree to treat all non-public information and materials as confidential.
  13. Contact Authorization.  Customer hereby authorizes SS to contact Customer via current and any future cellular phone number(s), email address(es) or wireless device(s) regarding any delinquent amount, or service related matters. Customer may owe from time to time to SS.  Customer hereby authorizes SS and its agents, representatives and attorneys (including collection agencies) to use automated telephone dialing equipment, artificial or pre-recorded voice or text messages and personal calls and emails, in SS’ effort to contact Customer for purposes of collecting any portion of Customer’s account which is past due.