1. Definitions
1.1. “Additional Charges”, shall have the meaning ascribed to that term in Clause 4.4;
1.2. “Agreement”, means this Waste Services Agreement;
1.3. “Annual Paying Customers”, means a Customer who pays for the Bin Services annually in advance and each an “Annual Paying Customer”;
1.4. “Bags” means General Waste Bags and Recyclable Waste Bags and each a “Bag”;
1.5. “Bag Services”, means the collection of Bags by KeyGreen;
1.6. “Bin Services”, means the collection and emptying of Bins by KeyGreen;
1.7. “Bins” means General Waste Bins, Organic Waste Bins and/or Recyclable Waste Bins and each a “Bin”;
1.8. “Charges”, the charges payable by the Customer to KeyGreen in respect of the provision of the Services as may be communicated from time to time by KeyGreen to the Customer;
1.9. “Collection Schedule”, means the scheduled dates for collection of the Customer’s Bins and/or Bags by KeyGreen, the details of which are set out on KeyGreen’s website KeyGreen Household Waste Management Services | Keygreen;
1.10. “Commencement Date”, means:
1.10.1. in respect of Customers obtaining Bin Services, the first date on which KeyGreen provides such Bin Services to the Customer;
1.10.2. in respect of Customers obtaining Bag Services, the first on which KeyGreen provides such Bag Services to the Customer;
1.11. “Customer”, means the consumer to whom the Service is provided;
1.12. “Domestic Bin Collection Plan”, means the scope of Bin Services to be provided by KeyGreen to the Customer.
1.13. “Dublin City Commercial District”, means the area defined by Dublin City Council KeyGreen Household Waste Management Services | Keygreen
1.14. “General Waste Bags”, means the refuse bags for the purposes of collecting General Waste Material and Organic Waste Material issued and distributed by KeyGreen, and purchased by the Customer, either through retail outlets or directly from KeyGreen and each a “General Waste Bag”;
1.15. “General Waste Bins”, means a waste receptacle provided by KeyGreen for the purposes of collecting General Waste Material;
1.16. “General Waste Material”, such waste material listed on KeyGreen’s website as being suitable for General Waste Bins KeyGreen Business Wheelie Bin Services | Keygreen;
1.17. “Initial Term”, means the period commencing on the Commencement Date and terminating on the first anniversary of the Commencement Date;
1.18. “KeyGreen” the provider of the Services;
1.19. “Maximum Bag Weight Limit”, shall have the meaning ascribed to that term in Clause 4.6;
1.20. “Maximum Bin Weight Limit”, shall have the meaning ascribed to that term in Clause 4.5;
1.21. “Monthly Paying Customers”, means a Customer who pays for the Bin Services monthly in advance and each a “Monthly Paying Customer”;
1.22. “Organic Waste Bins”, means a waste receptacle provided by KeyGreen for the purposes of collecting Organic Waste Material;
1.23. “Organic Waste Material”, such waste material listed on KeyGreen’s website as being suitable for Organic Waste Bins KeyGreen Business Wheelie Bin Services | Keygreen;
1.24. “Overweight Charges”, shall have the meaning ascribed to that term in Clause 4.5;
1.25. “Payment” means any or all payments due to KeyGreen by the Customer in respect of the Services;
1.26. “Recyclable Waste Bins”, means a waste receptacle provided by KeyGreen for the purposes of collecting Recyclable Waste Material;
1.27. “Recyclable Waste Material”, such waste material listed on KeyGreen’s website as being suitable for Recyclable Waste Bins KeyGreen Business Wheelie Bin Services | Keygreen;
1.28. “Services” means the Bin Services and the Bag Services;
1.29. “Standard Bin Services”, means the collection of Bins which comply with the terms and conditions set out in this Agreement and which, for the avoidance of doubt, do not incur any Additional Charges and/or Overweight Charges;
1.30. “Subsequent Terms”, means each 12-month period after the Initial Term and each a “Subsequent Term”; and
1.31. “Term”, means the Initial Term and any Subsequent Terms.
2. Acceptance
2.2. KeyGreen has at all times sought to ensure that the supply of Services by KeyGreen does not breach The European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995. However, any term(s) found by a Court or competent authority to be unfair shall be substituted with a term(s) that is deemed to be fair.
3. Supply of Waste Collection Services
3.1. The terms and conditions set out in this Agreement apply to the provision of the Service to the Customer by KeyGreen, and the Customer is deemed to be bound by these terms and conditions from the date of the first payment made by the Customer to KeyGreen (or retail outlet), or the first date of the provision of the Services by KeyGreen to the Customer, whichever comes first.
3.2. The Services will operate in accordance with the Collection Schedule provided by KeyGreen to the Customer. KeyGreen reserves the right to alter the Collection Schedule but will notify the Customer where reasonably practicable in advance of any such alteration of the Collection Schedule.
3.3. If the Services are not carried out on the day specified in the Collection Schedule, KeyGreen reserves the right to reschedule the provision of same to the next reasonable opportunity and no claim shall lie against KeyGreen by the Customer in this respect.
3.4. KeyGreen will only service Bins and/or Bags that are presented on the footpath for collection in accordance with the terms and conditions of this Agreement.
3.5. If the Customer’s premises is outside the Dublin City Commercial District, the Customer must ensure that:
3.5.1. no Bins and/or Bags are left outside on the footpath before 6:00pm on the day prior to the designated collection day as specified in the Collection Schedule;
3.5.2. the Bins and/or Bags are left outside on the footpath before 6:00am on the morning of the designated collection day as specified in the Collection Schedule; and
3.5.3. the Bins are brought back from the footpath as soon as possible after the Bins have been emptied by KeyGreen.
3.6. If the Customer’s premises is inside the Dublin City Commercial District, the Customer must ensure that:
3.6.1. no Bins and/or Bags are left outside on the footpath before 5:00pm on the designated day of collection as specified in the Collection Schedule;
3.6.2. the Bins and/or Bags are left outside on the footpath before 7:00pm on the designated day of collection as specified in the Collection Schedule; and
3.6.3. the Bins are brought back in before 10:00am the following day.
3.7. The late presentation of a Bin and/or Bag will not be serviced until the next scheduled collection date as outlined in the Collection Schedule.
3.8. The Customer acknowledges that Bins and/or Bags must not be placed in an area or a manner that may obstruct roadways, pedestrian footpaths or access, and indemnifies KeyGreen in relation to any claims made or fines imposed by third parties in respect of the placement of any such Bins and/or Bags.
3.9. KeyGreen will not accept any liability if Bins and/or Bags are placed out for collection at a different location without prior notice to KeyGreen. KeyGreen reserves the right to refuse to collect any Bins and/or Bags that are placed out for collection at a different location than the location originally provided by the Customer.
3.10. The Customer acknowledges and agrees that the Bins must be closed and the Bins must not be overloaded. The Customer acknowledges and agrees that they are not permitted to leave any waste material next to or on top of a Bin for collection. If the Customer does not adhere to these obligations, the Customer acknowledges and agrees that the relevant Local Authority may impose a fine upon the Customer. KeyGreen does not accept any responsibility for these fines, or fines imposed by any other body in relation to the presentation of waste. For more information on the Bye Laws please check your Local Authority website.
3.11. KeyGreen may modify or suspend the Services wholly or partially, with or without notice, if such action is deemed necessary by KeyGreen at its sole discretion (e.g. Health & Safety, security or other reasons) or if KeyGreen is requested to by an authorised authority to modify or suspend the Services wholly or partially.
3.12. KeyGreen shall not be liable for any loss or damage whatsoever due to its failure to deliver the Services promptly or at all. Any failure by KeyGreen to deliver the Services shall not entitle either party to repudiate this Agreement.
3.13. In no event shall KeyGreen be liable to the Customer for damage suffered by the Customer as a consequence of any acts or omissions of third parties.
4. Use of the Bins and/or Bags
4.1. Each Customer using the Bin Services shall satisfy themselves at commencement of the Initial Term that the Bins are suitable for their purpose and shall operate the Bins for their intended use only. The Customer accepts, acknowledges and agrees that they will use the Bins at their own risk.
4.2. Each Customer using the Bin Services shall keep the Bins in their own possession and control and accepts full responsibility for the safekeeping of the Bins, furthermore indemnifying KeyGreen for all loss, theft or damage to the Bins howsoever arising and without limitation to the foregoing, whether or not such loss, theft or damage is attributable to any negligence, failure or omission of KeyGreen.
4.3. The Customer accepts, acknowledges and agrees that:
4.3.1. only General Waste Material will be accepted in the General Waste Bins;
4.3.2. only General Waste Material and Organic Waste Material will be accepted in the General Waste Bags;
4.3.3. only Recyclable Waste Material will be accepted in the Recyclable Waste Bins and the Recyclable Waste Bags;
4.3.4. only Organic Waste Material will be accepted in the Organic Waste Bins;
4.3.5. for the avoidance of doubt and without prejudice to the foregoing, no hot ashes, sharp objects, hazardous waste or contaminated waste shall be placed in any of the Bins or Bags;
4.3.6. KeyGreen will not collect any items, which are not contained within the Bins or Bags; and
4.3.7. KeyGreen shall only collect General Waste Material, Recyclable Waste Material and Organic Waste Material which has been generated domestically (i.e. not from any form of commercial activity).
4.4. Where the Customer breaches the provisions of Clause 4.3, KeyGreen reserves the right to refuse collection or to charge additional charges to the Customer for any such non-conforming waste (the “Additional Charges”).
4.5. The maximum weight of each Bin left for collection should not exceed the weight limits set out in the Customer’s Domestic Bin Collection Plan (the “Maximum Bin Weight Limit”) that the Customer has availed of. Where a Bin exceeds the Maximum Bin Weight Limit, KeyGreen reserves the right (at its sole discretion) to refuse collection of such Bin(s) or to charge additional charges to the Customer for such additional weight in excess of the Maximum Weight Limit (the “Overweight Charges”).
4.6. The maximum weight of each Bag left for collection should not exceed 15kgs (the “Maximum Bag Weight Limit”). Where a Bag exceeds the Maximum Bag Weight Limit, KeyGreen reserves the right (at its sole discretion) to refuse collection of such Bag(s).
4.7. The Customer shall not alter, make additions to, deface or erase any identifying mark or number on or in the Bins or Bags or interfere with the Bins or Bags in any other manner.
4.8. The Customer accepts full responsibility associated with any costs or liability due to the Bins and/or Bags obstructing any person(s) or property or being in a location they should not be.
4.9. To the greatest extent permitted by law, no warranty is given by KeyGreen as to the quality or suitability of the Services and/or Bins for any purpose and any implied warranty is expressly excluded. KeyGreen shall not be responsible for any loss or damage to the Bins and/or Bags or caused by the Bins and/or Bags, or any part thereof howsoever arising.
5. Ownership of the Bins
5.1. The Customer acknowledges and agrees that the Bins are, and shall remain, the property of KeyGreen and hereby agrees to permit KeyGreen to enter onto the premises on which the Bins are situated for the sole purpose of inspection and examination of the Bins and / or repairing or recovering possession of the Bins at such reasonable time as would facilitate such inspection, examination, repair or recovery. If there are any delays due to access being delayed or unavailable then the Customer shall reimburse KeyGreen for all expenses and costs associated with the Bins being unavailable to KeyGreen.
5.2. The Customer acknowledges and agrees that they will keep the Bins in good substantial repair and condition. The Customer accepts, acknowledges and agrees that, if any Bin, is lost, damaged, tampered with, stolen or otherwise is no longer fit for the purpose for which it was intended, the Customer will be liable to pay to KeyGreen a replacement fee of €65 per Bin.
5.3. KeyGreen may, without notice, remove any Bin in the event that:
5.3.1. any non-payment of any amounts due by the Customer to KeyGreen;
5.3.2. any Bin is presented for collection and/or for the use of another waste company; and/or
5.3.3. any Bin is used for any purpose other than as specified in this Agreement.
6. Payment & Billing
6.1. Annual Paying Customers shall pay for the Standard Bin Services annually in advance. Payment of the invoice issued by KeyGreen to an Annual Paying Customer in respect of the Bin Services is due within 30 days of the date of the invoice.
6.2. Monthly Paying Customers shall pay for the Standard Bin Services monthly in advance. Payment of the invoice issued by KeyGreen to a Monthly Paying Customer in respect of the Bin Services is due within 7 days of the date of the invoice.
6.3. If the Customer (whether an Annual Paying Customer or a Monthly Paying Customer) incurs any Overweight Charges, KeyGreen will invoice such Customer in respect of such Overweight Charges. Payment of the invoice issued by KeyGreen to such Customer in respect of Overweight Charges is payable within 7 days of the date of such invoice.
6.4. If the Customer (whether an Annual Paying Customer or a Monthly Paying Customer) incurs any Additional Charges, KeyGreen will invoice such Customer in respect of such Additional Charges. Payment of the invoice issued to such Customer in respect of Additional Charges is payable within 7 days of the date of such invoice.
6.5. The Customer will be notified by KeyGreen of the manner in which Charges in respect of the Services shall apply from time to time. The Charges in respect of the Services provided by KeyGreen will be reviewed periodically by KeyGreen and the Charges in respect of the Services to the Customer may change.
6.6. KeyGreen reserves the right to alter the Charges chargeable for the Services due to changes in Government Levies, changes in applicable law relating to waste management and/or disposal of waste, changes in VAT rates, changes in fuel costs or other unexpected increases in KeyGreen’s costs or changes to the costs of disposal of recyclables or waste material by KeyGreen.
6.7. If the chosen method of payment is by direct debit, the Customer must ensure that the Bank Account details provided are from a current account which can accept Direct Debits. In the event of a cancellation of a direct debit instruction, the Customer shall duly notify the Bank and KeyGreen in writing of such cancellation.
6.8. If a direct debit payment from the Customer’s bank account fails, KeyGreen will impose an administration charge of:
6.8.1. €15.00 if the payment fails on first attempt; and
6.8.2. €30.00 if a payment fails on a second attempt.
The Customer will be notified in writing of the unpaid amount (including administration charge). An alternative payment is required by KeyGreen for the full sum owed within 7 days from date of failure of a direct debit payment attempt. KeyGreen’s administration charges are subject to change at any time, at the sole discretion of KeyGreen.
6.9. KeyGreen may, for operational reasons, change its billing method and frequency upon producing prior notification of such changes to the Customer.
6.10. KeyGreen reserves the right to, without notice, cease or suspend the Services in the event of non-payment by the Customer.
7. Term & Termination
7.1. Save (i) in respect of Services contracted under this Agreement which consist solely of Bag Services and (ii) as provided in the remaining provisions of this Clause 7, this Agreement shall commence on the Commencement Date and shall continue for the duration of the Initial Term.
7.2. Unless the Customer has indicated by email to KeyGreen (to info@keygreen.ie) at least 30 days before the end of the Initial Term that the Customer does not wish to renew the Agreement, the Term of this Agreement shall automatically renew for the Subsequent Term.
7.3. Unless the Customer has indicated by email to KeyGreen (to info@keygreen.ie) at least 30 days before the end of each Subsequent Term that the Customer wishes to terminate this Agreement, the Term of this Agreement shall automatically renew for further Subsequent Terms.
7.4. The Customer may only terminate this Agreement by email to info@keygreen.ie in accordance with Clauses 7.2 to Clause 7.3 above.
7.5. KeyGreen may terminate this Agreement at any time, at its sole discretion, for any reason, with or without cause, and is not required to provide notice of such termination to the Customer.
7.6. If this Agreement is terminated, KeyGreen reserves the right to take possession of the Bins and the Customer agrees to permit KeyGreen to recover the Bins.
7.7. In the event that the Customer purports to terminate this Agreement prior to the expiry of its Term or ceases to utilise the Bin Services during the Term, KeyGreen shall be entitled to charge the Customer an amount equal to what would reasonably have been charged had the Bin Services been performed for the remainder of such Term. Such right of action is in addition to all other rights of action which KeyGreen may have against the Customer in respect of any such breach(es) by the Customer.
7.8. If the Customer has contracted for Services consisting solely of the use of Bag Services, and unless otherwise indicated in writing, the term of this Agreement shall begin on the date payment for the Bags is received and ends after 120 days of continuous non-collection of waste material presented by the Customer, regardless of the reason for the non-collection. KeyGreen may terminate this Agreement with any such Customer who has contracted for Services consisting solely of the use of Bag Services at any time, at its sole discretion, for any reason, with or without cause, and is not required to provide notice of such termination to such Customer.
7.9. On termination of the Agreement, KeyGreen reserves the right to take possession of the Bins and the Customer agrees to permit KeyGreen to recover the Bins. KeyGreen reserves the right to charge the Customer a Bin Recovery Charge of €35 per bin for returning and cleaning the Bins (the “Bin Recovery Charge”).
7.10. Where a direct debit instruction is terminated by the Customer before the final payment is made to KeyGreen, the Customer is liable for a minimum charge of €100, or for all reasonable administration and legal costs incurred by KeyGreen in recovering the Customer’s final payment.
7.11. A Customer’s obligations pursuant to this Agreement shall not be terminated until such time as KeyGreen’s Bins are removed from the Customer’s premises and any monies owed by the Customer to KeyGreen on are paid in full.
8. Retention of Title
8.1. Legal title (notwithstanding delivery) of:
8.1.1. the Bins shall remain with KeyGreen; and
8.8.2. the Bags shall remain with KeyGreen until payment for such Bags has been received in full.
8.2. Notwithstanding 8.1 above, the risk in respect of the Bins shall pass to the Customer upon delivery of the Bins to the Customer.
8.3. KeyGreen shall be entitled to seek evidence of proof of the valid purchase of the Services by the Customer (including, but not limited to evidence of valid purchase of Bags).
8.4. In the event that the Customer is not able to provide evidence of valid proof of purchase which is in a satisfactory form to KeyGreen, KeyGreen shall be entitled:
8.4.1. to remove all items from the Customer (whether Bins or Bags); and/or
8.4.2. to notify An Garda Siochána of the aforesaid.
9. Default of Agreement
9.1. Interest on overdue accounts shall accrue from the date the payment is due at a rate of 1% per calendar month and such interest shall compound monthly at such a rate as well as before any judgment.
9.2. In the event of non-payment of any invoice, the Customer shall indemnify KeyGreen against all costs incurred by KeyGreen in recovering the outstanding amount including legal costs.
9.3. KeyGreen also reserves the right, if at any time the Customer is in breach of any of their obligations under this Agreement to suspend or terminate the supply of Services to the Customer. KeyGreen will not be liable to the Customer for any loss or damage the Customer suffers because KeyGreen exercised its rights under this clause.
10. Data Protection
10.1. KeyGreen will only use your personal information as set out in the KeyGreen privacy policy KeyGreen Privacy Policy | Keygreen (the “KeyGreen Privacy Policy”). By availing of the Services, the Customer agrees that the Company can use such data in accordance with the KeyGreen Privacy Policy.
10.2. The Customer authorises KeyGreen to collect, retain and use any personal data about the Customer, for the purpose of assessing the Customer’s credit worthiness or marketing products and Services to the Customer; and to disclose information about the Customer, whether collected by KeyGreen from the Customer directly or obtained by KeyGreen from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Customer.
10.3. The Customer shall have the right to request from KeyGreen a copy of their personal data retained by KeyGreen pursuant to Data Protection Legislation and the right to request KeyGreen to amend any incorrect personal data about the Customer held by KeyGreen.
11. General
11.1 KeyGreen reserves the right to modify or amend this Agreement at any time with or without notice to the Customer. Any such modifications or amendments may be viewable by the Customer on the KeyGreen website (www.keygreen.ie). Where this version of this Agreement is different from the version of this Agreement on the KeyGreen website, the version on the website is controlling.
11.2 The Customer shall not be entitled to assign this Agreement or any part of it without the prior written consent of KeyGreen. KeyGreen shall be entitled to assign this Agreement or any part of it to any person, firm or company without obtaining the prior written consent of the Customer.
11.3. Strictly one set of bins/one price plan per dwelling. Bins cannot, under any circumstances, be shared between dwellings.
11.4. Failure or delay by KeyGreen in enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any of its rights created therein or herein. Any waiver by KeyGreen of any breach of, or any default under, any provision of this Agreement by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms.
11.5. If any provision of this Agreement is held illegal or unenforceable, then each such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
11.6. This Agreement shall be construed in accordance with and governed by the Laws of the Republic of Ireland.
11.7. KeyGreen and the Customer 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 this Agreement.