“KeyWaste” means Key Waste Management Limited, the provider of the domestic wheelie bin and refuse bag waste collection service.
“Customer” means the consumer to whom the Service is provided.
“Bin” means a waste receptacle provided by KeyWaste for the purposes of provision of the Service.
“Bag” means a refuse bag issued and distributed by KeyWaste, and purchased by the consumer, either through retail outlets or from KeyWaste direct.
“Service” means the collection by KeyWaste of domestic waste in Bins provided by KeyWaste, or in Bags upon which a Tag has been placed.
“Payment” means any or all payments due to KeyWaste by the Customer in respect of the Service.
These terms and conditions apply to the provision of the Service to the Customer by KeyWaste, 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 KeyWaste (or retail outlet), or the first date of the provision of the Service, whichever comes first.. No variation to these terms and conditions shall form part of any contract unless specifically accepted by KeyWaste in writing. These terms and conditions are subject to change at any time, at the sole discretion of KeyWaste.
These terms and conditions are legally binding for the duration of the contract.
If any clause of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the clauses shall not be prejudiced.
3. Payment & Billing
Payment for the Service must be prepaid.
The Customer will be notified by KeyWaste of the manner in which charges and rates shall apply to the Service from time to time. The charges chargeable in respect of the Service provided by KeyWaste will be reviewed periodically and the charges in respect of the Service to the Customer may change.
KeyWaste reserve the right to change pricing due to Government Levies and Vat increases, or when there is a material change in costs of disposal of recyclables or waste material.
In relation to any rates chargeable by weight; in the highly unlikely event that KeyWaste’s weighing system fails while collecting a Customer’s Bins, KeyWaste will only charge the Customer based on the average weights of their Bins over the previous 4 collections.
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 KeyWaste in writing of such cancellation. KeyWaste will impose an administration charge of €10.00 on unpaid direct debit instalments. The Customer will be notified in writing of the unpaid amount including administration charge. An alternative payment is required by KeyWaste for the full sum owed within five working days from date of unpaid direct debit notification. Administration charges are subject to change at any time, at the sole discretion of KeyWaste.
KeyWaste may for operational reasons change its billing method and frequency after prior notification.
KeyWaste reserves the right to, without notice, cease or suspend the Service in the event of non-payment by the Customer.
4. Collection Service
The collection service will operate in accordance with the collection schedule provided by KeyWaste to the Customer. KeyWaste reserves the right to alter the collection schedule but will notify the Customer where reasonably practicable in advance.
KeyWaste will only service Bins and Bags that are presented on the kerbside. The late presentation of a Bin or Bag will not be serviced until the next scheduled collection date.
The Customer acknowledges that the Bins and/or Bags must not be placed in an area or a manner that may obstruct roadways, pedestrian footpaths or access, and indemnifies KeyWaste in relation to any claims made or fines imposed by Third Parties.
KeyWaste will not accept any liability if the Bins or Bags are placed out for collection at a different location without prior notice to KeyWaste. KeyWaste reserves the right to refuse to collect any Bins or Bags that are placed out for collection at a different location than the location originally provided by the Customer.
Under current local authority Bye Laws once a Bin is presented for collection the Bin must be closed and not overloaded. The Customer is not permitted to leave any waste material next to or on top of the Bin for collection. If the Customer does not adhere to these regulations, the local authority may impose a fine upon the Customer. KeyWaste 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.
KeyWaste may modify or suspend the Service wholly or partially, with or without notice, if such action is deemed necessary by KeyWaste (e.g. Health & Safety, Security or other valid reasons) or if KeyWaste is requested to by an authorised authority.
KeyWaste shall not be liable for any loss or damage whatever due to its failure to deliver the Services promptly or at all.
In no event shall KeyWaste be liable to the Customer for damage suffered by the Customer as a consequence of acts or omissions of third parties.
5. Use of the Bins/Bags
The Customer shall satisfy itself at commencement of the Agreement that the Bins are suitable for its purpose and operate the Bins for their intended use only. The Customer accepts and acknowledges that it will use the Bins at its own risk.
The Customer accepts, acknowledges and agrees that only domestic waste will be accepted in the Bins and Bags. No hot ashes, sharp objects or hazardous waste shall be placed in any of the Bins or Bags and KeyWaste will not collect any items, which are not contained within the Bins or Bags. Where the Customer places hazardous waste or any non-conforming waste in either the Bins or Bags, or presents any waste for collection which is not contained within the Bins or Bags, KeyWaste reserves the right to refuse collection, or to charge additional charges to the Customer for any additional waste which will require immediate payment.
If the Customer’s premises is outside the Dublin City Commercial District, the Customer shall ensure that any Bins or Bags are not left outside on the footpath before 6pm on the day prior to the designated collection day and the Bins are brought back in as soon as possible after the Bins have been emptied by KeyWaste. Bins or Bags not left out on time will not be collected until the following scheduled service day.
If the Customer’s premises is within the Dublin City Commercial District, the Customer shall ensure that any Bins or Bags are not left outside on the footpath before 5pm on the designated day of collection and the Bins are brought back in as soon as possible after the Bins have been emptied by KeyWaste. Bins or Bags not left out on time will not be collected until the following scheduled service day.
The Customer shall not alter, make additions to, deface or erase any identifying mark or number on or in the Bins or interfere with the Bins in any other manner.
6. Ownership of the Bins
The Customer accepts, acknowledges and agrees that the Bins are, and shall remain, the property of KeyWaste and hereby agrees to permit KeyWaste 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.
The Customer accepts, acknowledges and agrees that it will keep the Bins in good substantial repair and condition. The Customer accepts, acknowledges and agrees that, if any Bin, provided by KeyWaste, is lost, damaged or stolen, the Customer will be liable to pay to KeyWaste a replacement fee of €65 per Bin.
KeyWaste may, without notice, remove the Bins if presented for collection and/or for the use of another waste company.
The Contract may be terminated by either party giving at least 30 days written notice either by email or letter.
KeyWaste will only accept notification regarding change or cancellation of the contract from the Customer and not from any unauthorised third parties.
On termination or cancellation of the contract, KeyWaste reserves the right to take possession of the Bins and the Customer agrees to permit KeyWaste to recover the Bins. KeyWaste reserves the right to charge the Customer a surcharge of €35 per bin for returning and cleaning the Bins.
Where a direct debit instruction is terminated before the final payment is made, the Customer is liable for a minimum charge of €100, or for all reasonable administration and legal costs incurred by KeyWaste in recovering the Customer’s final payment.
An account will not be terminated until such time as the KeyWaste Bins are removed from the Customer’s premises and any monies owed on the account are paid in full.
8. Data Protection
The Customer authorises KeyWaste 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 KeyWaste from the Customer directly or obtained by KeyWaste 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.
The Customer shall have the right to request from KeyWaste a copy of their personal data retained by KeyWaste pursuant to Data Protection Legislation and the right to request KeyWaste to amend any incorrect personal data about the Customer held by KeyWaste.
9. Governing Law
These conditions shall be construed in accordance with and governed by Irish Law.