Recitals
WHEREAS, the Owner owns certain real property located at the address stated in customer service agreement (the “Property”);
WHEREAS, the Provider offers services that include the service of trash can movement to and from the curb to allow for local carter collection. Additional any additional ancillary services such as can cleaning and sanitizing (the “Services”);
WHEREAS, to perform the Services, the Provider requires access to the exterior portions of the Property, including but not limited to yards, driveways, sidewalks, and other outdoor areas (the “Access Areas”);
WHEREAS, the Owner desires to grant the Provider limited permission to access the Access Areas solely for the purpose of performing the Services;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Grant of Access
The owner hereby grants to the provider, its employees, agents, contractors, and subcontractors (collectively, the “authorized parties”) a limited, revocable, non-exclusive license to enter the Premises solely to perform the Services on the dates and times stated in the Customer Service Agreement. Access is limited to the areas reasonably required for the services. The owner and provider have agreed time slot access as per the signed customer service agreement in cases of emergency where immediate access is required to prevent damage or complete urgent services the owner waives and restrictions in this agreement.
Provider Obligations.
The provider will: (a) perform the Services with reasonable care, skill and diligence. (b) ensure personnel are courteous and competent (c) minimize noise, dust and disruption the best to our ability. (d) ensure not to disrupt or damage any landscaping, of outdoor items.
Owner Obligations.
The owner must: (a) provide safe, unobstructed access to the agreed areas; (b) disclose known hazards (e.g., tripping hazards, any dangerous obstructions); (c) be responsible to contain and restrain any pets. For the safety of our workers, if an unrestrained pet is present on the property and our worker determines that it is unsafe to access the property, the delivery of service will not be completed. If you are signed up for notifications, you will be informed via SMS text or email that your property could not be serviced on that day. In the event that service cannot be delivered due to an unrestrained pet, no credits, refunds, or adjustments will be issued. (d) ensure that the Provider and/or its authorized parties have full access to your trash and/or recycling cans on the scheduled service dates. Should the Provider and/or its authorized parties arrive and be unable to provide service due to lack of access, you shall not be entitled to a credit or refund. (e) ensure the Provider and/or its authorized parties have access to your trash and recycling can on the scheduled service day, including but not limited to: gate entry codes, lock combinations, security guard verification, and pets relocated from storage areas.
Scope of Access and Limitations
Access is strictly limited to the access areas and only for activities directly related to the Services. The authorized parties shall not enter any interior portions of the property. (b) The provider agrees to use the access areas in a careful and professional manner. (c) The provider agrees to comply with any/all applicable laws, regulations, safety standards. (d) The provider agrees to not cause unnecessary disturbance to the Owner or neighboring properties.
Right to Refuse Service
Can Wranglers reserve the right to refuse service to any property, at its sole discretion, for any reason. This right may be exercised without the requirement of explanation, and no liability shall arise from the decision to refuse service.
Inclement Weather and Road Closures.
In the event of inclement weather, including but not limited to severe storms, severe rain, ice, wind, or snow conditions, we reserve the right to delay, reschedule, or cancel services without prior notice. Credit adjustments will be issued. (b) In the event of road closures that prevent access to your property, we cannot be held responsible for the non-delivery of service. Credit adjustments will be issued (c) Any credit adjustments will be issued and appear on next billing cycle. We try to make our services free from pain as much as possible.
Holiday Trash Schedules.
During holiday periods, we will make every effort to adjust our services in response to changes in your property’s trash collection schedule. However, due to the unique observance of holidays by each city and the inconsistencies in the application of their revised schedules, we cannot be held liable for missed pickups during these times. In the event that service cannot be delivered due to a missed holiday pickup, no credits, refunds, or adjustments will be issued.
Force Majeure:
Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, natural disasters, pandemics, strikes, lockouts, labor disputes, equipment or material shortages, power failures, transportation delays, or any other event or condition that is beyond the reasonable control of the affected party (collectively, “Force Majeure Events”). During the continuance of such Force Majeure Events, the obligations of the affected party shall be suspended to the extent necessary. The affected party shall promptly notify the other party of the occurrence of a Force Majeure Event and its expected duration. If the Force Majeure Event continues for more than 30 days, either party may terminate this Agreement by providing written notice to the other party.
Sanitary Conditions.
To ensure the safety and well-being of our workers, if your trash cans are deemed excessively dirty or smelly, we reserve the right not to service your property. It is the customer’s responsibility to maintain their trash cans in an acceptable sanitary condition for handling. If you are signed up for notifications, you will be informed via SMS text or email that your trash cans require cleaning. Should the situation persist, your property will not be serviced until the issue is rectified. In the event that service cannot be delivered due to excessively dirty or smelly trash cans, no credits, refunds, or adjustments will be issued.
Restoration and Damage
The provider shall, at its sole expense, but not liable to, restore the access areas to their original condition upon completion of the services, including repairing any damage caused by the authorized parties (i.e. disturbed landscaping).
Telecommunications.
While we take every precaution to ensure the reliable delivery of our services, we cannot be held responsible for non-delivery of services due to unforeseen software and/or telecommunication issues that are beyond our control. In the event that service cannot be delivered due to these issues, no credits, refunds, or adjustments will be issued.
Liability and Indemnification
(a) The provider is liable for damage to the premises or contents caused by our negligence and will rectify it at our expense or other mutual agreement achieved. (b) The owner shall not be liable for any injury, damage, or loss to the authorized parties or their property while on the premises, except to the extent caused by the owner’s gross negligence or willful misconduct. (c) Neither party is liable for indirect or consequential loss.
Photography and Data.
(a) The provider at its sole discretion and not required to take photos solely to record the work and/or access areas to document pre and post service condition. (b) Owner can request any such media at any time if available from the provider.
Fees and Payments
(a) Payment for services will be automatically credited to supplied credit card information no earlier than 48-hours prior to next month’s subscription. (b) any payment receipts will be sent to owner electronically by various means. (c) You agree to pay the then-current monthly service fee associated with the service plan you selected at the time of signup, plus any applicable sales taxes. (d) The Provider reserve the right to modify the pricing of any service plan at any time, at its sole discretion. Any changes to pricing will be communicated to you in advance and will take effect in the next billing cycle following such notice, unless otherwise stated. Owner reserves the right to cancel plan if so desired. (e) Service fees for your selected service plan are billed in advance. Billing will recur automatically on a monthly basis, depending on your selected plan, to ensure continuous service. (f) By accepting these terms and conditions, you are electing to enroll in the the Providers payment plan and agree to the Providers recurring payments conditions. You hereby authorize Magnacad, LLC dba “Luggin’ Your Cans” to bill and charge the payment method outlined in your “Billing” section of the Customer Service Agreement. (g) Any credit adjustments will be issued and appear on next billing cycle. We try to make our services free from pain as much as possible.
Cancellation and Termination.
This Agreement may be terminated by either party upon 48 hours written notice prior the subscribed months end. (b) The owner reserves the right to revoke access immediately for any reason. (c) Immediate termination if owner breaches a term of this agreement or site access becomes unsafe (d) Upon termination, the provider shall immediately cease all access to property. (e) To cancel your service and prevent future billing, you must submit a cancellation request a minimum of 48-hours prior to months end. (f) Please note that our service is billed on monthly cycle, and we do not provide partial credits or refunds for any unused portion of a billing cycle.
Contact Information
Luggin’ Your Cans is a service provided by Magnacad, LLC headquartered in Commack, New York. For help or resolving any issues, please contact Customer Service at [email protected] or (631)974-0677.
Dispute Resolution
(a) Informal resolution within 14 days. (b) If unresolved, mediation before court proceedings may be invoked.
Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether oral or written. Any modifications must be in writing and signed by both parties.
Governing Law
This Agreement shall be governed by the laws of the State of New York, without regard to conflict of laws principles.
Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Disclaimer
Under the terms of this agreement, the Provider will not be held responsible for any damage to your waste or recycling cans. Furthermore, the Provider shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. The Provider 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.
Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
TERMS and CONDITIONS.
REFERRAL PROGRAM ONLY.
These Terms and Conditions (“Terms”) govern your participation in the “Luggin’ Your Cans’” Sales and Referral Program (“Program”) offered by Magnacad, LLC (“Provider”). By providing a referral to the individual or entity you refer (“Referee”) to us, you (“Referrer” or “you”) agree to be bound by these Terms.
Eligibility
• You must be at least 18 years old and legally capable of entering into contracts.
• You must be a US Citizen.
• You must have a valid Social Security Number.
How the Program Works
• To participate, you provide contact information and details about a potential Referee who may be interested in our products/services.
• We will contact the Referee to discuss our offerings.
• A successful referral occurs only if:
o The Referee engages our products/services within 6 months of the referral.
o The Referee completes payment in full for the engaged services.
• You will receive a referral reward only upon confirmation of a successful referral.
Referral Reward Program
• For each successful referral, you will receive a 10% commission on the service plan the Referee has selected and Referee’s payment confirmation. All commission payments and royalties with be paid via PayPal. The Provider may change payment gateways or distribution methods in the future with prior notice to the Referrer.
• Rewards are non-transferable and payable only in the specified form.
• We reserve the right to modify or discontinue rewards at any time with notice.
• You will receive a 5% royalty on the Referee’s active selected service plan each month they are enrolled. If the Referee cancels at any time your royalties will cease for this specific Referee.
• You can request a log report of your Referees at anytime that includes their active status.
Enrollment
• You are automatically enrolled in both the Sales and Referral programs to ensure you have access to both opportunities at any time.
• Each Referee will be assigned the proper designation to ensure which referral program type has been assigned.
Prohibited Conduct
• The referral program applies only to our current Luggin’ Your Cans service plans. If you have a referral for another product, please contact us to discuss your commission options.
• You may not refer yourself or use fake identities.
• No mass emailing, automated referrals, or paid advertising to promote referrals.
• Any fraudulent, misleading, or illegal activity will disqualify you from the Program and may result in legal action.
Privacy and Data
• By providing referral information, you represent that you have the Referee’s consent to share their details with us.
• We will handle all data in accordance with our Privacy Policy.
• You agree not to disclose confidential information about our business obtained through the Program.
Limitation of Liability
• We are not responsible for any disputes between you and the Referee.
• Rewards are provided “as is” without warranties.
• Our total liability under these Terms shall not exceed the value of any reward paid to you.
Termination
• We may terminate your participation in the Program at any time for any reason, including violation of these Terms.
• Upon termination, any pending rewards may be forfeited.
• You may opt out of this program at any time by written form.
Governing Law
• These Terms are governed by the laws of New York, USA, without regard to conflict of law principles.
Changes to Terms
• We may update these Terms at any time. Continued participation after changes constitutes acceptance.
Contact
• Questions? Email us at [email protected].
By providing a referral, you acknowledge that you have read, understood, and agree to these Terms.