GENERAL
1. Capitalised terms (unless otherwise stated) are defined in the Definitions section at Appendix 1 to these Terms and Conditions
2. All contracts made by GHH with the Customer for the provision of the Service shall be deemed to incorporate these Terms and Conditions. No variation sought by the Customer to these Terms and Conditions shall form part of any agreement unless specifically accepted by GHH in writing.
3. The Customer agrees and acknowledges that they are bound by these Terms and Conditions from the date of delivery of the Bins, or the first Payment made in respect of the Service, or from the date of first provision of the Service or part of the Service, whichever is earlier (“Acceptance”).
4. These Terms and Conditions shall apply for a period of 12 months (“Initial Term”) and subsequently for successive terms of 12 months (unless terminated by either party under Clause 41).
5. These Terms and Conditions will be provided to the Customer before Acceptance. The Customer has the right to cancel the Service within 7 days of the Acceptance without any reason being given. If the Customer cancels within the 7 day cancellation period they will be entitled to a full refund of all sums paid to GHH. The Customer must inform GHH that they wish to cancel and must do so in writing. If a Customer cancels or does not renew their Service with GHH, a Bin Recovery Charge will apply and be charged to the Customer’s account.
6. The Customer agrees that they do not have the right of cancellation within the 7 day cancellation period if they agree that GHH should start providing the Service (i.e. If GHH collect the Customer’s Bins) before the end of the 7 day period.
7. GHH may vary these Terms and Conditions from time to time. GHH will provide the Customer with a minimum of 2 weeks’ written notice of any variation to these Terms and Conditions. Should the Customer wish to cancel the Service as a result of a variation to these Terms and Conditions, they are entitled to do so. Such termination requires the Customer to furnish GHH with written notice (including the Customer’s name, address and GHH account details) a minimum of 7 days prior to the enactment of the variation.
7.1 Failure to provide such notice shall constitute the Customer’s acceptance of variation of the Terms and Conditions.
8. The Customer agrees that any variation to these Terms and Conditions necessitated by: (a) Act of the Oireachtas, (b) Government Regulation, or (c) European Regulation or Directive will not result in a right to cancel, as such changes are outside the control of GHH, and are universally applicable. While GHH will endeavour to give as much notice of any such changes as possible, 2 weeks’ notice cannot be guaranteed as that is also a factor outside the control of GHH.
9. GHH may, from time to time, issue to the Customer separate terms and conditions in respect of the Service, and / or the cost of the Service (described as the “Plan”). GHH will provide the Customer with a minimum of 2 weeks’ written notice of any such change to the Plan. Should the Customer find any revised pricing under the Plan excessively higher than the original price agreed upon commencement of the Service or simply do not wish to continue on the Plan, they are entitled to terminate the Service. Such termination requires the Customer to furnish GHH with written notice (including the Customer’s name, address, GHH account details and details of account into which the Customer wishes the refund to be paid) a minimum of 7 days prior to the enactment of the changes to the Plan. Failure to provide such notice shall constitute the Customer’s acceptance of the terms of the Plan.
10. The Customer agrees that any change to the Plan, in respect of the cost of the Service which is necessitated by: (a) Government Levies; or, (b) VAT Increases, will not result in a right to cancel, as such changes are outside the control of GHH, and are universally applicable. While GHH will endeavour to give as much notice of any such changes as possible, 2 weeks’ notice cannot be guaranteed as that is also a factor outside the control of GHH.
11.Upon cancellation or non-renewal of an account by a Customer, the Bin Recovery Charge may apply. This amount will be deducted from any refund due to the Customer.
12. Should the Customer wish to terminate the Service in advance of the end of the Initial Term, they must furnish GHH with written notice (including the Customer’s name, address, GHH account details) a minimum of 7 days prior to the end of the Initial Term. Failure to provide such notice will constitute the Customer’s acceptance of the Service and these Terms and Conditions for a further 12 month period.
13. GHH cannot be held responsible for any inconvenience arising from failure to provide the Service because of factors which could reasonably be considered to be outside the control of GHH, such as adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns which are unexpected and could not have been prevented by the proper execution of a reasonable preventative maintenance programme. In the event that the Service is not provided on the date specified in the collection schedule provided to the Customer, GHH reserves the right to reschedule the collection to the next reasonable opportunity that arises and the Customer shall have no claim against GHH in this regard.
14. If at any time any one or more of the provisions of these Terms and Conditions or any part thereof is or becomes invalid, illegal, or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining provisions of these Terms and Conditions shall continue in effect.
15. To the fullest extent permitted by law, no warranty is given by GHH as to the quality or suitability of the Service and/or Bins for any purpose and any implied warranty is expressly excluded. GHH shall not be responsible for any loss or damage to the Bins, or caused by the Bins, or any part thereof however arising.
USE OF BINS
16. No hot ashes or hazardous waste shall be placed in any of the Bins and GHH will not collect any items, which are not contained within the Bins provided. The Customer accepts and acknowledges that it will use the Bins at its own risk. In the event the Bins are lost, stolen or damaged you shall immediately notify GHH and provide all relevant details of same. The Customer shall be liable for the charges incurred by GHH in replacing the Bins with reference to Clause 4 of the Definitions.
17. The Customer shall ensure that the Bins are left outside on the footpath before 6 am on the morning of collection and brought back in as soon as possible after the Bin has been emptied by GHH. Bins not left out on time will not be collected until the following scheduled service day.
18. The Customer shall ensure that the Bins presented for collection must be closed and must not be overloaded.
19. 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 GHH, is in a state of disrepair, tampered with, defaced, destroyed, or otherwise deemed unfit for their intended purpose (as determined by GHH) after delivery to the Customer, the Customer will be liable to pay to GHH a replacement fee of €35 per Bin (All bins previously provided by Dublin City & South Dublin County Councils are now the property of GHH).
19.1 Only material, as described on the GHH website, may be placed in the black / grey bin (black / grey bin waste).
19.2 Only material, as described on the GHH website, may be placed in the brown bin (brown bin waste).
19.3 Only material, as described on the GHH website, may be placed in the green bin (green bin waste).
19.4 Only material, as described on the GHH website, may be placed in the blue bin (glass waste).
OWNERSHIP OF THE BINS
20. The Customer shall satisfy itself at delivery of the Bins, that the Bins are fit for purpose and that the Customer agrees to operate the Bins for their intended use only. The Customer shall keep the Bins in their own possession and control and shall not assign and/ or share the benefit of the Bins with any other person and the Customer accepts full responsibility for the safekeeping of the Bins.
21. The Customer accepts, acknowledges and agrees that the Bins are, and shall remain, the property of GHH. GHH therefore have the authority to inspect, examine, repair or recover the Bins where required. GHH will provide the Customer with reasonable notice of any such inspection, examination, repair or recovery of the Bins, informing the Customer of the time period within which such inspection, examination, repair or recovery shall take place, in order that the Customer may avail of the opportunity to leave the Bins outside the premises.
22. Where reasonable notice had been given to the Customer by GHH and should the Customer not avail of the opportunity to leave the Bins outside the premises, the Customer hereby agrees to permit GHH to enter onto the Customer’s premises on which the Bins are situated for the strict 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.
COLLECTION SERVICE
23. The collection service will operate from Monday to Saturday on a fortnightly basis in accordance with the collection schedule as set out on the GHH website.
24. GHH reserves the right to alter the collection schedule but will notify the Customer where reasonably practicable in advance.
CHARGES / PAYMENT
25. The Customer will be notified by GHH whether an annual service charge applies in respect of the Service and the amount of that annual service charge. Payment of the annual service charge will be made in advance by the Customer. The Customer will be notified of the service charge renewal date at least one two weeks prior to that renewal date and will also be notified of any changes to the amount of annual service charge and/or other rates that apply in respect of the Services. Payment of the annual service charge or any renewal service charge shall be made in advance by the Customer to GHH on or before the payment date as specified in the notice.
26. The Customer will be notified in advance by GHH of the manner in which charges and rates shall apply to the Service from time to time.
27. The rates / charges (to include the annual service charge and Administration Fee), chargeable in respect of the Service provided by GHH, will be reviewed periodically and the cost / rates / charges in respect of the Service to the Customer may change. Payment for the Service must be prepaid. Payment may be made by direct debit, credit/debit card at your local post office, online, by phone or by automated top-up service.
28. GHH reserves the right to cease or suspend the Service in the event of non-payment by the Customer.
29. In the event of termination of Service, by either party, within the Initial Term and any subsequent term, the Customer will be entitled to a refund of any Credit Balance in excess of €10.00 in the Customer’s account. The Customer acknowledges and agrees that the cost of processing refunds of Credit Balances is such that it is not viable for GHH to make refunds of Credit Balances less than €10.00.
30. Customers acknowledge and accept that GHH provides the Service on a pre-paid basis. To ensure that the Service can operate, the Customer must have sufficient credit on their account 24 hours prior to their scheduled collection. Bins will only be collected in accordance with Customers’ payment terms.
31. The Service may vary dependent on the type of service provided to a Customer. The annual service charge and/or other rates charged to the Customer are dependent on the type of service given to each Customer and accordingly may vary.
32. Customers may pre pay monies to GHH in respect of the Service by using the automatic top up service as is outlined on the GHH website.
33. Customers who pay GHH for the Service by utilization of their top up card in a Payzone or An Post outlet, will incur a transaction charge per transaction which will be applied to the Customer’s account.
34. GHH reserve the right to vary pricing due to Government Levies and VAT increases, or when there is a material change in costs of disposal of recyclables or waste material, and the right to introduce other additional charges relating to the Service and/or the management of Customer accounts as necessary. Customers will be notified in accordance with the Terms and Conditions before any of these changes occur.
35. In the event that GHH’s weighing system fails while collecting Bins, GHH reserve the right and the Customer agrees that the amount chargeable shall be the average amount charged by GHH per Bin in respect of the four most recent collections.
36. In the event of contamination being present in a Bin at collection, GHH may refuse to collect same. GHH will notify the Customer of the presence of contamination in the Bin. In the event that the Customer requests GHH to empty the contaminated Bin, GHH may impose a further charge of €30.00 in addition to the standard weight/lift/service charge applicable.
37. In the event that GHH identify contamination in a Bin having already collected that Bin then GHH may impose a charge of up to €30.00 per Bin in addition to the weight/lift/service charge.
38. The Customer is required to pay a deposit of €35.00 for the Bins supplied as part of the Service. This deposit is retained by GHH as security for the Bins while they are in the Customer’s possession. The deposit will be fully refunded to the Customer upon the return of the Bins to GHH in good condition, subsequent to a legitimate termination of Service by either party. Should GHH retain the deposit, the amount will be deducted from any Bin Recovery Charges.
39.Customers may withdraw money from their GHH account provided that such account is sufficiently in credit and provided that such withdrawals do not exceed the sum of €500.00 in the 12 months period commencing on the date of commencement of the Services and/or any renewal date.
40 In the event that a Customer elects to pay the standard weight/lift/service charge by way of direct debit or automatic top up and in the event that such direct debit payments fail or are not successfully transmitted to GHH then;
- ) If payment fails on first attempt, a €5.00 charge will be applied by GHH to the Customer’s account; and
- ) In the event that a payment fails on the second attempt a €10.00 charge will be applied by GHH to the Customer’s account.
- In the event that the Customer elects to pay GHH other than by direct debit, their account will incur Administration Fees in the sum of €0.85 per month.
TERMINATION
41.. Either party can terminate these Terms and Conditions by providing the other party with 2 month’s written notice. Termination of these Terms and Conditions for any reason by the Customer must be in writing from the Customer to GHH and not from any third party. Such termination will result in a Bin Recovery Charge being applied to the Customer. Any or all outstanding Payments due to GHH and accrued up to the date of termination must be paid by the Customer to GHH.
42.. On termination or cancellation of these Terms and Conditions, GHH reserves the right to take possession of the Bins and the Customer agrees to permit GHH to recover the Bins as set out in Clauses 20, 21 and 22.
43. If the Customer does not comply with Clauses 20, 21, 22 and 42 to allow GHH to recover the Bins, a Bin Replacement and Attempted Recovery Charge will be charged to the Customer.
44. If there is any waste in the Bins at the time of the collection of the Bins, all such waste will be subject to a charge with reference to the Bin Recovery Charge; Bin Replacement and/or Attempted Recovery Charge as applicable.
45. The Customer agrees that GHH can deduct any charge pursuant to Clauses 43 and 44 from the Customer’s Credit Balance before refunding any Payments to the Customer.
DATA PROTECTION
46. GHH’s Privacy Policy sets out how GHH will treat the Customer’s personal data and protect the Customer’s privacy when availing of the Service. By using the Service, The Customer agrees that GHH can use such data in accordance with the Privacy Policy, including for the purposes of on-boarding new customers, processing Payments or otherwise providing the Service. A copy of the current Privacy Policy can be found on the GHH’s website. By availing of the Service you agree to the terms of the Privacy Policy.
GOVERNING LAW AND JURISDICTION
47. These Terms and Conditions and any disputes or claims out of or in connection with these Terms and Conditions shall be governed by and construed in accordance with Irish law.
48. Both parties 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 these Terms and Conditions.
CCTV ON GHH FLEET
49. The purpose of this policy is to ensure that where CCTV is used by GHH either as static or mobile solutions, such deployment adheres to the legal requirements contained in the Irish Data Protection Acts (1988 and 2003) and any other relevant legislation.
50. The policy is also designed to ensure that any CCTV Systems deployed by GH are not abused or misused and that such systems are correctly and efficiently installed and operated.
51. The following principles will govern the operation of all GHH CCTV Systems:
51.1 All CCTV systems will be operated lawfully and only for the defined purposes set out in this policy.
51.2 All CCTV systems will be operated with due regard for the privacy of all individuals at all times.
51.3 The CCTV system will not be used for the purpose of monitoring staff.
No CCTV System will be initiated, installed, moved or replaced without prior approval of GHH.
51.4 The purpose of the GHH CCTV Systems will be documented in accordance with current Irish legislation.
52. The overall purpose of the GHH CCTV Systems is:
52.1 To assist in the prevention, detection and investigation of offences and the prosecution of offenders.
52.2 To assist in safety and security of the GHH fleet of trucks.
DEFINITIONS
1. “Administration fee” means charges payable by the Customer including in respect of account administration and balance management services, which may include provision of account information or other information by post, SMS or any other means.
2. “Bins” mean waste receptacles provided by GHH to the Customer for the purposes of providing the Service and shall include any green and / or brown and / or black and / or grey and / or blue wheelie bin or other waste receptacle.
3. “Bin Recovery Charge” means a charge payable by the Customer on termination of the Service pursuant to Clause 43. The charge will reflect the actual expenditure in respect of recovery of all bins in the possession of the Customer but will not exceed €15 per bin.
4. “Bin Replacement and Attempted Recovery Charge” means a charge payable by the Customer on termination of the Contract by either party if the Customer does not allow GHH to recover possession of the Bins (pursuant to the Customer’s agreement in Clauses 20, 21, 22 and 42). This charge will reflect the fees chargeable in respect of replacing bins (as set out in Clause 19) as well as any actual expenditure in respect of attempted Bin recovery (any charge for attempted Bin recovery will not exceed €30 per bin). The maximum Bin Replacement and Attempted Recovery Charge possible is €135 (€90in respect of replacement of all three bins (i.e.€30 each) and €45 in respect of attempted recovery).
5. “Credit Balance” means an amount of money held by GHH from time to time arising out of any sums pre-paid to GHH by the Customer, for a portion of the Service not yet provided by GHH. This includes:
5.1. Any sum paid towards lift charges or weight charges in relation to Bins that have not yet been collected by GHH.
5.2. If an annual service charge is payable and has been paid in advance, or, if payable in instalments, any sum or part of a sum paid that corresponds to payment in respect of a month (of the 12 months of the contractual period) that has not yet started. Each month representing one twelfth of the annual service charge.
5.3. If a monthly service charge is payable and has been paid more than one month in advance, any sum or part of a sum paid that corresponds to a month, that has not yet started.
6. “Customer” means the consumer to whom the Service is provided.
7. “GHH” means Greyhound Household Unlimited Company, having its registered office at Crag Avenue, Clondalkin Industrial Estate, Clondalkin, Dublin 22, the provider of the Service.
8. “Payment” means any or all payments paid to GHH from the Customer in respect of the Service.
9. “Service” means the collection by GHH of domestic waste in Bins.
10. “Terms and Conditions” means these terms and conditions as may be varied from time to time.
