Can Monkey Terms & Conditions of Service

This is an agreement between you and Can Monkey LLC (and its affiliates, “Can Monkey” or “we”). Before using Can Monkey, please read these Can Monkey Terms and Conditions of Service, the Can Monkey Privacy Notice, the Can Monkey Recurring Payment Terms and Conditions , and the other applicable rules, policies, and terms posted on the Can Monkey website or available through your Can Monkey app (collectively, this “Agreement”). By using Can Monkey, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use Can Monkey.

You agree to have contracted with Can Monkey LLC to perform the service of taking out and returning your waste and recycling cans at the address specified. You agree that this is a monthly Service Contract and you agree to pay Can Monkey monthly in advance of the services to be provided for that month.

For the purposes of these Can Monkey Terms and Conditions of Service:

“Can Monkey” means Can Monkey’s can management service, including the Can Monkey app and other related services.

“Software” means all software (including any updates or new versions), and any related documentation, that we make available to you for use in connection with Can Monkey.

“Helpers” means persons employed or contracted by Can Monkey LLC to provide Can Monkey’s can management service.

Home Access. By submitting your service subscription request online, you are authorizing Can Monkey and its helpers to access your property (or other location) that you designate for the purpose of taking out and returning your waste and recycling cans. By subscribing to our service, you are confirming that you have the right to authorize Can Monkey and its helpers to access the designated property. It is your responsibility to ensure that Can Monkey or its helpers have full access to your waste and recycling cans on the scheduled service dates. Should Can Monkey or its helpers arrive and be unable to provide service due to lack of access, you shall not be entitled to a credit or refund.

Service. Can Monkey or its helpers will take out your waste and/or recycling cans on your designated trash day. After your waste and/or recycling items have been picked-up, Can Monkey will return your cans to the original storage location. You agree that for a flat monthly fee Can Monkey will take out and return 1 waste can and 1 recycling can per week for 1 calendar month. That is 4 service visits per week for total of 16 visits per month.

Can Access. You must ensure Can Monkey or its helpers have access to your waste and recycling can on the scheduled service day, including: gate entry codes, lock combinations, security guard verification, and pets relocated from storage areas. If Can Monkey or its helpers are unable to access your waste or recycling cans for any reason, services will not be performed that week and you shall not be entitled to a credit or refund. Can Monkey reserves the right to decline its service for any reason.
Pricing. You agree to pay Can Monkey the current monthly recurring service fee plus applicable sales taxes. As of January 1, 2018, the monthly service fee is $39.00 plus applicable sales taxes. Can Monkey reserves the right to increase or decrease the monthly service fee at any time and at its sole discretion.

Change in Price. Although Can Monkey makes every effort to remain as competitive as possible and offer the most reasonable prices, some cost increases to the service provided may be beyond our control. In the event that Can Monkey changes the monthly service fee, Can Monkey will provide you 2 months written notice of any change. As always you have option to cancel at any time if you do not agree with the change in price. If you choose not to cancel, you will be billed and charged the new recurring monthly service fee.

Billing. Service is billed at the beginning of each month and is billed on a recurring monthly basis to insure uninterrupted service. Unless a specific request is made to cancel the service, billing will continue on a recurring monthly basis.

Applicable sales tax. All applicable local, State, and/or Federal taxes will be added to the current recurring monthly service fee.

Payment Terms. By accepting these terms and conditions you are electing to enroll in the Can Monkey Payment Plan and agree to the Can Monkey Recurring Payment Terms and Conditions. You hereby authorize Can Monkey to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected. Your Can Monkey can service will automatically renew at the end of each period selected in your Payment Plan (either monthly, every 6 months or every 12 months). Can Monkey will automatically charge the full amount of Payment to your Payment Method each time your can service renews, unless you cancel according to these terms and conditions.

Cancellation. Service may be cancelled at will by either party with no advance notice. However, service is billed at a monthly price and no partial credit or refund will be made.

Pets. The homeowner/resident is responsible to contain and restrain their pets.

Vehicles. Can Monkey will make every effort to place you waste can and recycling with great care to a curbside location for city pick-up. In the event, that your vehicle or any other vehicles hits or knocks over your waste or recycling Can Monkey will not be held responsible in any way for any damage to the vehicle or cans.

Safety Issues: The homeowner/resident is responsible to maintain code compliance with the city on issues such as fencing and gates, backwash/waste lines and all other applicable safety issues.

Customer Satisfaction: Our goal is your complete satisfaction. In the event, that a job is not satisfactorily completed, it is the customer’s responsibility to notify Can Monkey within 7 days, (preferably sooner), so that we can look into the matter and resolve it quickly to your satisfaction.

Changes to Can Monkey. We may change, suspend, limit, or discontinue Can Monkey, or any part of it, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the Can Monkey website. Your continued use of Can Monkey after the effective date of the revised Agreement constitutes your acceptance of the terms.

Contact Information. For help with Can Monkey or resolving other issues, please contact Customer Service at help@canmonkey.com

Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or Can Monkey is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the Can Monkey Conditions of Use. By using Can Monkey, you agree to be bound by those terms.

Disclaimer. Under the terms of this agreement, Can Monkey will not be held responsible for any damage to your waste or recycling cans. Furthermore, Can Monkey shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. Can Monkey will not be held responsible for any damage caused to vehicles that may back-up or hit your waste or recycling cans in any way.

Recurring Payments Terms & Conditions

By accepting these terms and conditions through your election to enroll in the Payment Plan selected by you, you hereby authorize Can Monkey to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected.

Your Can Monkey can service will automatically renew at the end of each period selected in your Payment Plan (either monthly, every 6 months or every 12 months). Can Monkey will automatically charge the full amount of Payment to your Payment Method each time your can service renews, unless you cancel according to the terms and conditions stated below.

Payments, Payment Account and Payment Method. You agree that the Payment Method specified by you for automatic Payments to Can Monkey is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card or other mode of payment, as applicable, to make your Payments. The automatic charge to your Payment Method will occur on the Billing Date of the month(s) of payment according to your Payment Plan. In addition, Can Monkey may subscribe to an account updater service, which may be supported by your Payment Method issuer, such as your credit card provider or bank. If your Payment Account number or Payment Account expiration date changes, you understand and agree that your Payment Method issuer may notify Can Monkey of such changes in order for Can Monkey to update your Payment Account information on file and charge automatic Payments to your new Payment Account information.

Automatic Renewal. Your can service will continue for the length of the initial term you selected for your Payment Plan and at the end of your Payment Plan term, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal, or your Can Monkey can service is cancelled, terminated, or discontinued by you or by Can Monkey. Your Payment Method will automatically be charged at the rates in effect at the time of renewal.

Notification of Payments. With the exception of a confirmation email sent to you from Can Monkey confirming your selected Payment Plan, you may not receive any receipt of payment emails to your Email Account notifying you that a Payment has been made under the Payment Plan. Such confirmation email may be your only notification from Can Monkey regarding your Payments under the Payment Plan. You understand and agree that Can Monkey may not provide you with advance notification before a Payment is charged to your Payment Method.

Current Information. It is your responsibility to make sure that your Payment Method information and Email Account information are current at all times during the term of the Payment Plan.

Payment Method Declined. If any Payment charged to your Payment Method is declined, you authorize Can Monkey to make additional attempts each day for up to twenty (20) consecutive days thereafter to successfully charge your Payment Method, if possible under such Payment Method. If Can Monkey is unable to successfully charge your Payment Method after such time and you have a recurring Payment Plan, you authorize Can Monkey to reattempt Payment Method authorization as stated herein for two (2) additional consecutive months.

Cancellation. Cancellation of your Can Monkey can service shall be effective at the time of cancellation. Cancellation of your Can Monkey can service must be made on a Business Day and more than twenty-four (24) hours before the Billing Date, unless otherwise permitted under applicable law, or your Payment Method will be charged for the then due Payment. If you cancel your enrollment for recurring Payments on a monthly Payment Plan, and you wish to remain a part of the Can Monkey, you will be responsible for taking the appropriate action to pay the appropriate can service fees for the next month on or before the end of each month. Cancellation fees may apply if you cancel your Can Monkey Can service prior to the end of any minimum commitment period. Can Monkey reserves the right to waive any cancellation fee, in whole or in part, at its discretion. Can Monkey’s failure to enforce a cancellation fee or any other provisions of these Terms and Conditions shall not be construed as a waiver of the right to assert any such terms on any future occasion.