This agreement is between you and Jalopy Duke LLC and its affiliates, Trash Can Sam, "we" or "us". Before using our services, please review the Trash Can Sam Terms and Conditions, Privacy Notice, and other applicable policies on our website (collectively, the "Agreement"). By using our services, you agree to these terms. If you do not agree, you may not use Trash Can Sam.
2. Definitions
“Trash Can Sam” refers to the can management services provided by Trash Can Sam, including all related services offered to you.
“Service” refers to the can management services provided by Trash Can Sam, including waste and recycling bin pickup, return, and related tasks as outlined in this agreement.
"Bin Handler" refers to individuals employed or contracted by Trash Can Sam to perform the services related to the management of waste and recycling bins as part of Trash Can Sam's operations.
3. Service Commitment
You agree to hire Trash Can Sam to manage the pickup and return of your waste and recycling bins at the specified address. This is a monthly service agreement, and you agree to pay Trash Can Sam in advance each month for the services provided.
4. Home Access
By submitting your service subscription request to Trash Can Sam, you grant Trash Can Sam and its Bin Handlers access to the property or location you specify for the purpose of collecting and returning your waste and recycling bins. By subscribing to our service, you confirm that you have the legal right to provide such access. You are responsible for ensuring that Trash Can Sam or its Bin Handlers have clear and unobstructed access to your bins on the scheduled service days. If Trash Can Sam or its Bin Handlers are unable to perform the service due to lack of access, no credit or refund will be issued.
5. Service Details
Trash Can Sam or its Bin Handlers will remove your trash and/or recycling bins the day prior to your designated waste collection day. After your trash and/or recycling materials have been collected, Trash Can Sam will return the bins to their original storage location. You agree that, for a flat monthly fee, Trash Can Sam will provide the service of removing and returning trash and/or recycling cans in accordance with the tier of service you select. The number of cans to be serviced will depend on the tier of service you choose. Service will be provided for a minimum duration of one calendar month, with up to 2 service visits per week. The service period cannot be less than one month.
6. Can Access
You are responsible for ensuring that Trash Can Sam or its Bin Handlers have clear and unrestricted access to your trash and recycling cans on the scheduled service day. Failure to provide the required access information may result in service delays or disruptions, for which Trash Can Sam will not be held liable. This includes providing accurate and complete information regarding the location of your trash cans, as well as any necessary access details, such as gate access codes, lock combinations, security clearance, and ensuring that pets are relocated from storage areas. If Trash Can Sam or its Bin Handlers are unable to access your trash or recycling cans for any reason, service will not be performed that week, and you will not be entitled to a credit or refund. Trash Can Sam reserves the right to refuse service at its discretion.
7. Pricing
You agree to pay Trash Can Sam the applicable recurring monthly service fee, plus any applicable sales taxes. As of April 1st, 2025, the standard recurring monthly service fee is $49, exclusive of sales taxes. Trash Can Sam reserves the right to modify the recurring service fee, either by increasing or decreasing, at its sole discretion and at any time.
8. Change in Price
While Trash Can Sam strives to remain competitive and offer reasonable pricing, certain cost increases associated with the services provided may be outside of our control. In the event that Trash Can Sam adjusts the monthly service fee, Trash Can Sam will provide you with written notice of such change at least 2 months in advance. You retain the right to cancel the service in accordance with the Cancellation section of our Terms of Service should you disagree with the price change. If you do not cancel, you will be charged the revised recurring monthly service fee.
9. Billing
Service is billed at the beginning of each month on a recurring monthly basis to ensure uninterrupted service. Unless a cancellation request is made, billing will continue automatically on a recurring monthly basis.
10. Applicable Sales Tax
All applicable local, state, and/or federal taxes will be added to the current recurring monthly service fee.
11. Payment Terms
By accepting these Terms and Conditions, you elect to participate in the Trash Can Sam Payment Plan and agree to abide by the Trash Can Sam Recurring Payment Terms and Conditions. You hereby authorize Trash Can Sam to charge the Payment Method and associated Payment Account you have provided, in accordance with the Payment Plan you have selected. Your Trash Can Sam service will automatically renew at the conclusion of each billing cycle as specified in your selected Payment Plan (monthly, quarterly, every 6 months, or every 12 months). Trash Can Sam will charge the full amount of the Payment to your designated Payment Method upon each renewal of your service, unless you cancel in accordance with the cancellation provisions outlined in these Terms and Conditions.
12. Recurring Payment Terms & Conditions
By enrolling in the Payment Plan of your choosing, you hereby acknowledge and agree to the terms and conditions set forth herein. You expressly authorize Trash Can Sam to charge the Payment Method and associated Payment Account that you have provided, in accordance with the selected Payment Plan.
Automatic Renewal of Service: Your Trash Can Sam can service will automatically renew at the conclusion of each term defined in your selected Payment Plan (whether on a monthly, semi-annual, or annual basis). Upon each renewal, Trash Can Sam shall automatically charge the full payment amount to the Payment Method provided, unless you provide notice of cancellation in accordance with the cancellation terms specified below.
Payment Method, Account, and Authorization: You represent and warrant that the Payment Method designated for recurring payments to Trash Can Sam is an account owned by you, and that you will maintain sufficient funds or credit availability in the Payment Method to satisfy the recurring charges. You further agree to ensure that your Payment Method remains valid for the term of the Payment Plan. The automatic charge to your designated Payment Method will occur on the Billing Date of each payment cycle as outlined in your selected Payment Plan. Furthermore, Trash Can Sam may utilize an account updater service, which may be facilitated by your Payment Method issuer (such as your bank or credit card provider), in order to ensure that your payment information remains current. In the event that your Payment Account number or expiration date changes, you authorize Trash Can Sam to receive updates to your account information, allowing for uninterrupted payments.
Automatic Renewal Terms: Your Trash Can Sam service shall continue for the duration of the initial term selected in your Payment Plan, and at the expiration of that term, the service shall automatically renew for successive periods of the same duration, unless you elect to cancel prior to the renewal date, or unless the service is terminated or discontinued by you or by Trash Can Sam. The applicable rates at the time of renewal shall be charged to your Payment Method.
Payment Notifications: Other than a confirmation email provided by Trash Can Sam regarding your selected Payment Plan, you acknowledge and agree that you may not receive any further receipt or payment notifications via email. You understand that the confirmation email from Trash Can Sam will be your sole notification regarding payments made under the Payment Plan. Trash Can Sam is not obligated to notify you in advance prior to charging your Payment Method for any scheduled payment.
Current Information: It is your sole responsibility to ensure that the information pertaining to your Payment Method, as well as your Email Account information, remains accurate and current throughout the term of your Payment Plan. Failure to maintain current and accurate information may result in interruptions to service or payment issues.
13. Payment Method Declined
In the event of a declined payment, you authorize Trash Can Sam to:
Retry Processing: Automatically reattempt charging your Payment Method daily for up to 20 consecutive days.
Extended Collection Efforts: If unresolved after 20 days, continue retries for two (2) additional billing cycles (60 days total) for recurring Payment Plans. Your Payment Method must remain valid throughout this collection period. Failed payments beyond this timeframe may result in service interruption.
14. Cancellation
To cancel your service, you must provide at least 30 days' advance notice prior to your next billing cycle by submitting a cancellation request to tcansam@proton.me, except for Custom Pricing accounts. Service is billed monthly, and no partial refunds or credits will be issued.
For accounts with “Custom Pricing”, cancellations must be submitted in writing to tcansam@proton.me before the upcoming billing cycle. Invoices issued before the cancellation request will not be adjusted.
For “Multiple Property” accounts, cancellation of 50% or more of the properties or the full account requires 90 days’ notice before the next billing cycle.
Failure to enforce any cancellation policy does not waive Trash Can Sam’s right to enforce these terms in the future.
15. Pets
Homeowners and residents are solely responsible for ensuring that pets are properly contained and restrained during scheduled service times. If an unrestrained pet is present on the property and poses a safety risk, Trash Can Sam reserves the right to withhold service for that day. No credits, refunds, or adjustments will be provided if service is not delivered due to an unrestrained pet. Please ensure your pets are securely confined before service.
16. Vehicles
Trash Can Sam strives to place your waste and recycling cans in a safe, accessible location for city collection. However, Trash Can Sam is not liable for any damage to vehicles or cans caused by vehicles hitting or displacing the trash or recycling bins.
17. Garage Access
By providing access to your garage for trash can service, you agree to ensure the area is safe and free of hazards. You are responsible for deactivating any security systems, alarms, or similar devices prior to granting access. Trash Can Sam and its affiliates are not liable for any failure to disarm or reset security devices, or for any consequences that may arise from such failure.
In granting access, you acknowledge and accept the following:
Assumption of Risk: You accept full responsibility for the risks associated with allowing access to your garage.
Limitations of Liability: Trash Can Sam and its affiliates shall not be liable for: a) Lost or missing items from the garage, b) Damage to the garage door or opener, c) Any issues related to the garage door being left open.
Best Efforts: Trash Can Sam will make every reasonable effort to secure the garage during access. However, Trash Can Sam will not be held responsible for any issues that may arise due to this access.
By providing such access, you confirm that you understand and agree to the terms outlined above.
18. Safety Compliance
It is the responsibility of the homeowner or resident to ensure compliance with all local regulations regarding safety, including but not limited to the condition of fences, gates, waste lines, and any other safety-related matters.
19. Overloading and Lid Closure
In the interest of safety for our Bin Handlers and to prevent the risk of injury or damage, trash cans must not exceed the recommended capacity, and lids must be securely closed in accordance with municipal guidelines. Cans that are overloaded or have open lids create hazards and may result in service disruptions. Should your trash cans be overloaded or improperly sealed, we reserve the right to withhold service for that period. In such cases, no refunds, credits, or adjustments will be issued. We appreciate your efforts in ensuring a safe environment for our Bin Handlers.
20. Obstructions and Access
For efficient and safe service, trash cans and recycle bins must be readily accessible and free from obstructing materials such as overflowing waste. Our Bin Handlers require an unobstructed path to safely move trash cans to and from the curb. If access is blocked by excess waste or other obstructions, service may not be provided, and no credits, refunds, or adjustments will be issued. In instances of excessive waste, please “contact us” to request an additional “Junk Removal Service”, which will be billed separately from your regular subscription. We ask for your cooperation in maintaining a clear, safe access path for our Bin Handlers.
21. Weather-Related Service Interruptions
The safety of our customers and Bin Handlers is our top priority. In the event of inclement weather, including but not limited to severe rain, snow, ice, or high winds, Trash Can Sam reserves the right to postpone, reschedule, or cancel service without prior notice. No credits, refunds, or adjustments will be provided for services affected by such weather conditions. We appreciate your understanding and cooperation in safeguarding the well-being of our team.
22. Road Closure Policy
In the event that road closures prevent access to your property, Trash Can Sam will not be held liable for any failure to provide service. Should road closures obstruct our ability to complete the service, no credits, refunds, or adjustments will be offered. We appreciate your understanding and cooperation in recognizing that such circumstances are beyond our control.
23. Sanitary Trash Can Policy
To ensure the health and safety of our Bin Handlers, Trash Can Sam reserves the right to withhold service if your trash cans are deemed excessively dirty or odorous. It is the customer’s responsibility to maintain their trash cans in a sanitary condition that is safe for handling. If the trash cans remain in an unacceptable state, service will not be performed until the issue is corrected. No credits, refunds, or adjustments will be issued in the event that service cannot be provided due to unsanitary conditions.
24. Software and Telecommunication Disruptions
While we make every effort to ensure the uninterrupted delivery of our services, we cannot be held liable for any failure to provide services due to unforeseen software or telecommunication disruptions. These issues, though rare, may arise from factors beyond our control, such as third-party software, hardware failures, or cellular network outages. If service cannot be rendered due to such disruptions, no credits, refunds, or adjustments will be issued. We are committed to addressing and resolving any such issues promptly to minimize any inconvenience.
25. Holiday Trash Collection Schedule Changes
During holidays, we strive to accommodate adjustments to your property's trash collection schedule. However, because holiday observances and schedule changes vary by city—and their implementation may be inconsistent—we cannot guarantee service or assume responsibility for missed pickups during these times. If service is missed due to a holiday schedule change, no credits, refunds, or billing adjustments will be provided. We appreciate your patience and understanding as we work with these variables.
26. HOA Compliance Clause
For properties designated as short-term rentals (non-primary residences), Trash Can Sam assumes no responsibility for any notices, fines, or penalties imposed by the HOA concerning trash receptacle usage, placement, or maintenance. The property owner is solely responsible for ensuring compliance with all relevant HOA regulations regarding waste management and agrees to indemnify and hold Trash Can Sam harmless against any related claims or enforcement actions.
27. Service Accessibility Policy
At short-term rental properties, service may be temporarily suspended if our Bin Handler determines that property access is inappropriate due to the presence of guests. We prioritize the safety and privacy of both our service personnel and property guests. Any interruptions to service under these conditions will not be eligible for service credits, refunds, or adjustments to billing.
28. Force Majeure Provision
Neither party shall be held liable for any failure to perform or delay in performance of any contractual obligations arising from circumstances beyond their reasonable control. Such circumstances include, but are not limited to, natural disasters, acts of war or terrorism, civil unrest, governmental actions, public health emergencies, labor disputes, critical disruptions in the supply chain, utility outages, transportation failures, or any other unforeseen events that prevent performance (collectively referred to as "Force Majeure Events").
During the occurrence of any Force Majeure Event:
Affected obligations shall be temporarily suspended to the extent of the event's impact.
The impacted party shall promptly provide written notice, specifying:
The nature of the Force Majeure Event
The expected duration of the disruption
The steps being taken to mitigate the impact of the event
If the Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate this Agreement by providing written notice, which shall take effect immediately upon receipt.
29. Customer Satisfaction Policy
At Trash Can Sam, your satisfaction is our top priority. If any service fails to meet your expectations, please contact us within 7 days (preferably sooner) at tcansam@proton.me to allow for prompt resolution.
30. Service Modifications
Trash Can Sam reserves the right to modify, suspend, or terminate services at its discretion, with or without prior notice. Our terms and conditions may be updated from time to time, with any revised versions posted on our official platform. Continued use of our services after such updates constitutes your acceptance of the most current terms.
31. Contact Information
For any service inquiries or support, please contact us via email: Email: tcansam@proton.me
32. Dispute Resolution
All service-related disputes shall be resolved through binding arbitration, as detailed in our Conditions of Use. By using our services, you agree to these dispute resolution procedures and waive the right to pursue claims in court.
33. Liability Disclaimer
Trash Can Sam expressly disclaims any liability for:
Damage to waste receptacles or containers
Property damage arising from force majeure events or third-party actions
Incidents involving vehicles and containers during service provision
34. Service Refusal Policy
Trash Can Sam reserves the right to refuse service based on, but not limited to, the following:
Safety concerns
Property accessibility issues
Failure to comply with the terms of service
Operational feasibility
35. Electronic Signature
By executing this Agreement electronically, you and Trash Can Sam mutually agree that:
Legal Validity: Electronic signatures (including "I Agree" buttons or digital signing) carry the same legal weight as handwritten signatures.
Binding Acceptance: Any electronic signature constitutes full acceptance of all Agreement terms.
Third-Party Verification Waiver: No certification authority validation is required to enforce signatures or Agreement terms.
This provision complies with the ESIGN Act and applicable e-signature laws. Both parties waive any right to challenge the validity of electronic signatures under these terms.
