2. THE SERVICES WE SUPPLY
2.1. We are supplying the services of waste collection for the premises at which you and your family principally reside.
2.2. We may record or monitor some calls, emails and any other communications between you and us (including those for example on social media) for training and quality control and our lawful business purposes. Our third party agents may do the same. These recordings are solely for our purpose
2.3. This service is for the disposal of domestic waste only, and you agree that you will not use it for the purposes of disposing of waste created by any business operated by you or others at this or any other location. Should we have reasonable grounds for believing that you have done so or allowed others to do so we reserve the right to cancel this Agreement in accordance with Clause 7.3
2.4. You are solely responsible for assessing the adequacy and completeness of the services that we provide to you.
2.5. You agree that given the nature of these services it is not practical for a delivery note, or any other record of collection of your waste to be provided and that you are solely responsible for ensuring that your waste is provided for collection on the appropriate day, as per the details in Appendix A. Should you identify that there has been a collection missed then you should contact us using the contact details for missed collections on our website or on our phone number 03333 445606 (national rates apply) to inform us.
3. WHEN THIS AGREEMENT STARTS
3.1. This agreement starts on: (i) the date of your order confirmation; or (ii) the day your collection starts if it is later
3.2. At the end of any Minimum Period, which is shown under Agreement Length on page 1, this Agreement will continue until it is ended by you or us in line with paragraph 14
4. THINGS WE MAY DO
4.1. We work with a number of partners for the collection of different types of waste and we may from time to time change the partner that collects your waste where we consider it advantageous to us or you to do.
4.2. Vary from time to time the days on which your waste is collected. We will endeavour to give you at least 7 days’ notice of such a change, but where it is necessary we reserve the right to shorten this notice period to 1 day
5. CHARGES FOR OUR SERVICES
5.1. Our charges for the service are set out on Page 1, and these charges are fixed until the end of Minimum Period of the Agreement, or April 1 in each and every year whichever is the earlier
5.2. Your charges will be subject to an annual adjustment by the RPI Rate, which will appear on your April Bill (issued prior to April) following the announcement of the RPI Rate in the preceding February
5.3. We may also increase or decrease our charges from time to time. If we increase our charges we will give you notice of at least 30 days prior to the increase taking effect and you shall have the rights set out in paragraphs 5.4 and 5.5
5.4. You can end this agreement following a price increase without having to pay an early termination charge if:
5.4.1. we apply an increase to your monthly subscription of more than the RPI rate; or
5.4.2. we increase our charges in such a way that would have effect of increasing your total bill by more than 10% if the increase had applied for the whole of the month’s typical bill
This is in addition to any statutory rights you may have to end this Agreement
5.5. If you want to end this Agreement because of one of the circumstances in paragraph 5.4 you must give us Notice within 30 days of our Notice to you about the relevant increase. If you don’t give us Notice within 30 days, you accept the new charges and the Agreement will continue with the new charges
5.6. The restrictions in paragraph 5.1, 5.2 and 5.3 and your corresponding right to terminate under paragraphs 5.4 and 5.5 won’t apply if the increase or change is as a result of requirement of a government or regulatory body. This includes any increase in the rate of VAT, the imposition of a new tax or the extension of an existing tax that has not previously applied
5.7. For any calculations under paragraph 5.4.2, if you have any goodwill, discounts or other credits which reduce your actual total bill you’ll need to look at the increase in your total bill as if the credits were not applied
5.8 You must pay your charges on your monthly bill in advance. For any overdue payments we may charge interest at 4% per annum over the base lending rate of HSBC plc. That interest will be calculated from the due date until the date of payment and on a daily basis. We reserve the right to a charge a late payment fee of £25 for each month that you are in default to cover our reasonable administration costs which results from late or non–payment of our Charges
5.9. We require you to pay your charges by Direct Debit unless we tell you otherwise. An additional charge of £15 may apply if you don’t pay by direct debit. We will write to you giving you 30 days’ notice of our intention to apply such a charge so that you can make arrangements to set up a Direct Debit. If you are paying by credit or debit card you authorise the payment card company to give us and, on a strictly confidential basis, to our sub-contractors and/or agents, details about your payment card account if it’s necessary in connection with the Agreement. You also authorise them to let us know if your payment account is terminated or suspended at any time.
5.10. There is an additional Charge of £5.00 for each bill that you require us to provide in paper format.
5.11. Unless we say otherwise, Charges which are normally monthly but are being measured for periods of less than a month will be calculated on a pro-rata basis.
5.12. We may require a deposit before we’ll give you access to the Service or before we’ll continue to provide the Service to you. We may hold this deposit until you’ve paid all sums that you owe us under this Agreement. If you owe us money, we may use the deposit to settle or part-settle what you owe us. We’ll refund any deposit we’re still holding (if you ask) on termination of this Agreement or, if you ask, after three months of continuous on-time bill payments. If you don’t ask for the deposit back, it will be added as a credit to your account. We won’t pay any interest on any deposit we hold.
6. WHAT WE EXPECT OF YOU
6.1. You agree to give us any information you provide us or we reasonably ask for in relation to this Agreement and that any information you give us is factually correct and up-to-date
6.2. To cooperate with us in our reasonable security checks
6.3. You agree to only dispose of acceptable waste created at your normal residential address, and which is created by you or residents at the property where the waste is being collected from
6.4. You must not use or permit anyone else to use the Service in connection with a criminal offence, in breach of any law or statutory duty, and in particular you must not dispose of any waste that may be deemed as hazardous, clinical, offensive, business or nuclear waste
6.5. If we have provided the Equipment to You for the purpose of providing the Service You are obliged to ensure that the Equipment is maintained in good condition, fair wear and tear excepted, and title to the Equipment will remain with Us but the risk of loss or damage will pass to You upon delivery, and You shall notify Us immediately of the loss or damage to the Equipment. For each piece of Equipment that is damaged beyond repair We will charge the sum of £50 plus VAT. You will permit us, or our agents to inspect the Equipment, or at the end of the term, remove the Equipment.
6.6 Should you be providing your own Equipment You are expected to maintain the Equipment in such a condition that the Services can be provided safely and without risk of injury to persons providing the Service, and if in the opinion of the person(s) undertaking the Service the Equipment is in an unsafe condition we will notify you of the defects and ask you to remedy them.
6.7. We reserve the right to cease providing the Service, without offering a credit for a month or part thereof, until We have replaced Equipment belonging to Us that You have allowed to have been lost or damaged, or until you have remedied the any defects in the Equipment You own that We have notified You about under Clause 6.6.
7. ENDING THE AGREEMENT
7.1. As well as any other rights we have, we can end the Agreement and/or a Related Agreement at any time, with immediate effect if:
7.1.1. you don’t pay Charges when they are due. This includes any deposit we’ve asked for;
7.1.2. you break this Agreement and/or a Related Agreement (which includes non-payment under a Related Agreement) in any material way and you don’t correct the situation within 7 days of us asking you to;
7.1.3. we reasonably believe that the Service is being used in a way forbidden by clause 2.3, even if you don’t know that the Service is being used in such a way;
7.14. you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors;
7.1.5. you refuse to return or unreasonably delay in returning any payment, refund or credit that has been made to you in error or for the incorrect amount.
7.2. This Agreement can be ended by either you or by us giving at least 30 days’ Notice (in line with paragraph 14). Unless your statutory or regulatory rights allow otherwise, you must pay us any outstanding Charges, including the Charges for this notice period.
7.3. Unless otherwise specified, if you end this Agreement during any Minimum Period or we end this Agreement under paragraph 7.1, you must pay us a fee of no more than your Monthly Charges multiplied by the number of remaining months up to the end of the Minimum Period, minus VAT (calculated at the prevailing rate) (“Early Termination Charge”) as well as any other Charges that may be due. If you pay us the Early Termination Charge in a single payment we may reduce the amount due by a rate determined by us. This doesn’t apply if you end the Agreement for one of the reasons in paragraph 8.4 below.
7.4. You can end this Agreement by giving us Notice (in line with paragraph 14) if:
7.4.1. we break a material term of this Agreement which completely restricts our ability to provide you with the Service and we don’t correct it within 14 days of receiving your complaint;
7.4.2. we go into liquidation or a receiver or administrator is appointed over our assets;
7.4.3. we increase our Charges in a way that would allow you to end the Agreement under paragraph 5.4 and/or 5.5; or
7.4.4. we change the terms of this Agreement to your significant disadvantage (which for the avoidance of doubt shall not include an increase in Charges for Additional Services, or an increase in Charges which would not give you a corresponding right to terminate under paragraphs 5.2, 5.3 or 5.4.1 and 5.4.2)
7.5. If you end this Agreement and have a credit on your final bill, please email us at the contact details for missed collections on our website and we’ll arrange to have this refunded to you
8.1 IMPORTANT – YOUR RIGHT TO CHANGE YOUR MIND ABOUT THE SERVICES AGREEMENT
8.1. Unless we have told you otherwise you can cancel this Service Agreement before the end of the 14 day Change-Your-Mind Period. This is in addition to any statutory or regulatory rights you may have. It applies as long as you give us notice within this period by sending notice of cancellation to the appropriate contact details on our website
8.2. If you cancel under paragraph 8.1, and you have previously requested that we provide the Services within 14 days of you entering into the Agreement you will be liable to pay for the services that you have used, including any costs of collection or delivery that are included within your Schedule of Charges
9. These General Terms and Conditions are part of this Agreement
10. LIMITATION OF LIABILITY
10.1 We have no liability other than the duty to exercise the reasonable skill and care of a competent provider of waste services. We don’t accept liability for losses which haven’t resulted naturally from our breach or which we could not have seen coming, or any loss of data, profits, business, costs, expenses, or any other form of financial loss. We will provide you with compensation that you are entitled to in accordance with your legal rights.
10.2. Nothing in this Agreement excludes or restricts the liability of either you or us for:
10.2.1. death or personal injury resulting from negligence; or
10.2.2. fraud or fraudulent misrepresentation.
10.3. If we’re found to be liable to you including but not limited to breach of contract, tort (including negligence), misrepresentation or breach of statutory duty, our liability will not exceed the maximum of the services we have charged you for the preceding 12 months or £100, whichever is the greater (except in either case under the paragraphs immediately above or below).
10.4 Nothing in this Agreement will exclude or restrict the liability of either you or us for any liability that can’t be excluded or restricted by law.
10.5 Each of these paragraphs operates separately. If any of them is found by a Court to be unreasonable or inapplicable the other parts will still apply.
11. LOSS OF DAMAGE TO YOUR EQUIPMENT
11.1. We will not be liable for damage or loss of your containers, howsoever caused.
12. THINGS BEYOND OUR REASONABLE CONTROL
12.1 Except for the obligations under paragraphs 5, 6 and 7 if either of us can’t do what we’ve promised because of something beyond our reasonable control (such as lightning, floods, exceptionally severe weather, fire, explosions, epidemics, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of others for whom we’re not responsible (including our collections partners), acts of local or central Government or other competent authorities, neither of us will be liable for this
13.1 You can’t assign or transfer any of your rights under this Agreement to anyone else unless we agree in writing.
13.2 We can assign or transfer our rights and obligations under this Agreement or any part of it or a Related Agreement, on the same terms, to any third party.
14.1 If you want to end this Agreement
14.1.1. for any of the reasons described in paragraph 7.2, 8.4.2, 8.4.3 and 8.4.4 you must contact us using the appropriate contact details shown on our website detailing why you are giving us Notice and that you are giving us Notice of at least 30 days
14.1.2 under paragraph 8.4.1 you must give us written notice of at least 7 days
14.2. Any other type of notice related to this Agreement must be:
14.2.1 by you in writing and delivered by hand or sent by pre-paid post, to us at the address on your bill or be delivered through the ‘Contact Us‘ section of our Website. You’ll need to tell us your full name, address, account number and Mobile Phone number when sending notice through the ‘Contact Us‘ section of the Website; and/or
14.2.2 by us in writing by post or email to you at the most recent address you’ve given us (and you must keep us updated if your details change, or by SMS, bill communication, website notification or other methods of written communication which we may reasonably use to communicate with you
15. CHANGES TO THE AGREEMENT
15.1. We can make reasonable changes to this Agreement at any time and you will not have any right to terminate this Agreement in light of changes we make which are not to your significant disadvantage. All changes will be posted on our Website. Please check regularly for updates.
15.2. If we change the terms and conditions of this Agreement to your significant disadvantage (in our reasonable opinion) we’ll give you 30 days’ Notice before the changes take place and you may have a right to terminate this Agreement as a result.
15.3. Should you wish to make changes to the frequency of the Service please contact us to discuss your available options
16. HOW WE USE YOUR INFORMATION
16.1. You agree that we can search the files of credit reference agencies and that they may keep a record of that search. We can also carry out identity and anti-fraud checks with fraud prevention agencies and other third parties and we sometimes share data with such parties to protect you against fraud. We and other organisations can access and use the information recorded by fraud prevention agencies from other countries. If you give us false or inaccurate information and we identify or suspect fraud, we’ll record this in accordance with our internal policies and/or industry standards. Details of how you conduct your account may also be disclosed to those agencies, organisations, law enforcement agencies and other telecommunications companies. The information may be used by us and other parties in assessing applications for and making decisions about credit, credit related services or other facilities and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for checking your identity, checking details of job applicants and employees, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies while this Agreement is ongoing
16.2. Information held about you by credit reference agencies may be linked to records relating to your Financial Associate(s). For the purposes of this application you declare that you and your Financial Associate(s) are financially independent and you request that your application be assessed without reference to any “associated” records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your Financial Associates that is likely to affect our willingness to offer the Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this paragraph a “Financial Associate” is someone financially linked to you (for instance, a spouse, partner or family member). We may also refuse to accept payments from you where we identify an unusual pattern of payments or behaviour, or to comply with our anti-money laundering obligations.
16.3. You authorise us and carefully selected third parties to use, assess, analyse and disclose in the UK information about you, your use of the Service(s) including, but not limited to, how you conduct your account and the location of your Equipment for the purposes of operating your account and providing you with the Service(s) and services provided by others; to improve our and our partners’ products and services and develop new ones; to help us run and grow our business; to keep you informed about the end of your Minimum Period or other details relevant to your Service; for marketing purposes including amongst other things to identify and tell you about, or offer you, by phone, post, your Mobile Phone, email, text (SMS), or other means, any further products, services and offers which we or our partners think might interest you; for credit control purposes, fraud and crime detection and prevention and the investigation and prevention of civil offences or as required for reasons of national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency, bank or credit reference agency and fraud prevention agency or government agency and other users of these agencies who may use this information for the same purpose as us
17. IS THERE ANYTHING ELSE
17.1 If either you or we choose not to, or delay in, enforcing any right or remedy under this Agreement this won’t be a waiver of those rights or remedies. If you break this Agreement, and we choose to overlook it, we can still end this Agreement if you break it again and vice versa.
17.2 If you want to complain about our Service, please get in touch with us using your preferred contact method detailed in our contact page on the Website. Please see our Complaint Code of Practice for full details of our complaints procedure
17.3 Each of the paragraphs of the Agreement operates separately. If any of them are found by a Court to be unreasonable or inapplicable the others will still apply.
17.4 Third parties can’t benefit from this Agreement or Related Agreements under The Contracts (Rights of Third Parties) Act 1999.
17.5 This Agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts, which both you and we submit to. In addition to any rights and remedies provided to you in your Agreement with us, you also have other legal rights and remedies under consumer law. Some of the key legal rights you have are contained in the Consumer Rights Act 2015. For more information on your legal rights you may wish to seek independent legal advice or contact your local Citizens Advice Bureau.
17.6. If you are having trouble managing debt then there are a number of independent organisations that can advise you. Details are provided on our Website
18. CONTINUOUS PAYMENT AUTHORITY
Using PBC Waste Management Continuous Payment Authority (CPA)
PBC offers its customers the opportunity to set up a Continuous Payment Authority, whereby You can safely and securely provide Your credit card details and We will take the payment following the parameters laid out by You.
We Offer two agreements when setting up CPA:
(a) Limited Recurring Payments Agreement
(b) Regular Recurring Payments Agreement
When will payments be taken?
We will invoice You each month confirming the payment due, providing a minimum of 7 days’ notice ahead of payment being collected.
Is payment taken in advance or arrears?
We invoice monthly in advance of service.
What happens if I do not receive service that has been prepaid
If a collection is missed when the Equipment was presented correctly in accordance with clauses 6.4-6.7 and Appendix A of the Schedule attached hereto, and You have reported this to the Us, We will endeavour to make the collection as soon as reasonably practicable. Missed collections must be reported within 7 days after the Your scheduled collection day. In the event the collection cannot be made ahead of the next scheduled collection date We will deduct the value of the missed service from the next monthly payment or refund You should You so request.
What happens when a payment is taken?
We will immediately deduct the amount from the Your specified account balance. Your monthly statement which is available from Us will detail any payments made during the course of the month or for any extended period You may wish to request. You will also receive an email confirmation at the point the payment is taken. The email will be generated by our Payment Service Provider.
What happens when regular payments are setup?
Regular payments will be made via Your chosen credit or debit card. It should be noted that this is not a Direct Debit, therefore, payments are not covered by the Direct Debit Guarantee. We will use a Continuous Payment Authority (CPA) that allows us to attempt to transaction payments after a previous failed payment attempt. The advantage of CPA to You is that You will not incur any charges directly from Your bank for a failed payment that could be incurred with a direct debit failure. However, You may be charged by Your bank for overdraft fees or other fees related to Your balance. The initial payment will be deducted from the Your specified account; We will then deduct the outstanding payments on the payment due dates indicated in the confirmation email. Where the due date is not a business day, We will withdraw from your funds on the next business day. The payments will cease on the last due date listed in the regular payments schedule. You will receive a confirmation email when the payment schedule has been paid in full.
To make changes to regular payments.
For any changes to be made please contact 03333 445606 as soon as possible. We can then make the necessary amendments.
To cancel regular payments
You must notify us at least 10 business days before the next scheduled transaction. To cancel your regular payments please telephone 03333 445606
What happens when my account is cancelled?
Should You cancel Your agreement with Us in compliance with Clause 5.4 or Clause 7, We will cancel the regular payment agreement.
To update account information
Please call us on 03333 445606 at least 10 business days before the next scheduled transaction for the update to take effect.
If a transaction is refused by the Customers financial institution
If Your regular payment is declined for any reason, including insufficient funds, closed account, or unauthorised account, We will contact You on the email address provided when setting up the agreement and making the first payment. This email will notify you that payment has failed. It shall inform You that We will attempt to transact payment on each working day for the subsequent 2 working days. If the transaction is still refused after the 3rd attempt, the regular payments will be cancelled. You will receive an email from Us advising that the payment schedule has been cancelled.
To make a complaint
To raise any issues of concern you may write to Us; PBC Waste Management Ltd, 1st Floor, 20 Collingwood Street, Newcastle upon Tyne, NE1 1JF quoting the Agreement Number and the details of any complaint to email address contained in the “Contact Us” section of our website, following which We will aim to respond to you within 2 business days.
We may share information collected about You with external service providers. Our agreements with these service providers require that they protect Your information and only use it to carry out the services they are performing for you.
If You suspects Your account has been accessed without permission, please contact Us immediately on 03333 445606. It is also advised that You contact Your financial institution.
19. THE DEFINITIONS
19.1. In This Agreement (including these General Terms):
“Charges” means all the charges associated with Service(s) described in this Agreement, on our Website and in any marketing material.
“Change-Your-Mind Period” means the number of days you have to cancel your Agreement, which will be 14 days after the later of: (i) the date of your application is accepted online or over the phone (ii) the date of your order confirmation or (iii) (if applicable) the day you receive your Equipment.
“Equipment” means any bin or collection receptacle provided by You or Us for the purpose of Delivering the Service
“Early Termination Charge” means a one-off fee described in paragraph 7.3
“Financial Associate” means someone financially linked to you (for instance, a spouse, partner or family member);
“Minimum Period” means the minimum period for the Service selected by you and on which your Charges are based. This runs from the day on which the Service is first supplied (or from the day on which you take an upgrade) and may be 3, 6, 12, 18 or 24 months depending on agreement you sign
“RPI Change” means an increase or a decrease as described in paragraph 5.2;
“RPI Rate” means the “RPI Percentage change over 12 months: monthly rate” announced by the Office for National Statistics in the February preceding an RPI Change;
“Service(s)” means any service that we provide to you under this Agreement.
“Website” means our website at www.privatebincollections.co.uk
“We”, “us”, “our” or “PBC” means PBC Waste Management Limited of 20 Collingwood Street, Newcastle-upon-Tyne NE1 1JF. Registered in England and Wales under Company number 12545143 and VAT number GB 346 0920 09; and
“You” means you, the customer who this Agreement is made with and includes any person that we reasonably believe is acting with your authority (including using your account).