Standard Service Agreement

Effective August 1, 2025

This Service Agreement ("Agreement") is made between Byron W Jones, LLC ("BWJ", or "BWJ Disposal") and the individual, organization, business, or other legal entity, which has entered into an order for services ("Customer"). Customer may individually be referred to as a “Party” and collectively “the Parties.” This Agreement will govern Customer’s access to and use of the Services and is effective as of the earliest date that Customer accesses the Services, or performs an action which indicates acceptance of this Agreement on the BWJ Disposal website (the “Effective Date”).

1. SERVICES PROVIDED

BWJ Disposal will provide Customer with cardboard box break down service, as well as transport of acceptable trash and recyclable material from the primary entrance to Customer's dwelling (as provided on Customer’s account) to a refuse collection area to which Customer has access to in conjunction with that dwelling ("Disposal Site") up to four times per week on days specified by BWJ Disposal, subject to exceptions due to holidays and availability.

2. CUSTOMER WARRANTIES AND RESPONSIBILITIES

2.1 Unacceptable Waste

Customer warrants that material set out for transport by BWJ Disposal shall not consist of any unacceptable waste. "Unacceptable waste" includes:

  • Waste that consists of any infectious, radioactive, volatile, corrosive, flammable, explosive, biomedical, or biohazardous material
  • Materials regarded as medical or hazardous waste or toxic substances, as defined pursuant to, listed, or regulated under applicable federal, state or local law
  • Any objects, materials, or substances deemed unlawful or illegal to possess under federal, state, or local law
  • Motor oil, vehicle batteries, Freon, or antifreeze
  • Human or animal remains
  • Any materials which Property Management and/or their designated waste disposal contractor do not accept at their facilities

2.2 Waste Acceptance Requirements

Articles set out for disposal must meet the following requirements for collection and transport by BWJ Disposal:

  • The total weight of trash and recyclable materials must not exceed 50 pounds per day. Refuse in excess of this limit will not be collected.
  • With the exception of cardboard boxes, no article may exceed a length of 3 feet (1 meter) in any dimension.
  • A maximum of seven (7) cardboard boxes will be accepted per day. Boxes in excess of this limit will not be collected.
  • With the exception of items commonly considered to be (a) furniture, (b) appliances, or (c) toys, these being larger than 1 foot (3cm) in any dimension, all recyclable and disposable items must be placed in closed bags capable of containing their contents without leaking or spillage.

2.3 Customer Responsibilities

Customer agrees to be responsible for:

  • Damage to property due to soiling, leakage, or spills
  • Clean up of spilled items arising from failure of any garbage bag or similar container
  • Ensuring that articles set out for disposal with strong and/or foul odors are not set out in enclosed common areas, such as hallways, for prolonged periods
  • Maintaining separate containers for landfill refuse and recyclable materials
  • Maintaining physical separation between items set out for disposal and items not intended for disposal
  • Setting out articles for disposal in a timely manner
  • Maintaining a safe pickup environment
  • Ensuring that pets do not come into contact with BWJ Disposal technicians

2.4 Denial of Service

Customer understands that BWJ Disposal technicians will not, and without reimbursement to Customer, perform service if:

  • A BWJ Disposal technician believes that performing service will put said technician's health or person in danger
  • Customer assaults, or interacts with a BWJ Disposal technician in an argumentative, aggressive, or threatening manner
  • Performing service will put the BWJ Disposal technician in contact with Customer's pet

Customer further understands that once BWJ Disposal technicians have completed collection of refuse in the immediate vicinity of Customer's dwelling, they may not return until the next scheduled collection date.

3. TITLE TO AND REJECTION OF WASTE

Customer grants BWJ Disposal the right to collect, inspect, analyze or test any articles set out for disposal. Title to and liability for Unacceptable Waste shall always remain with Customer. BWJ Disposal has the option to reject Unacceptable Waste and articles not meeting the requirements detailed under subsection 2.2 (Transport Requirements) of this Agreement.

4. COMPANY WARRANTIES

BWJ Disposal hereby represents and warrants that:

  • BWJ Disposal will manage Customer’s acceptable and timely placed disposable articles in a safe and professional manner in full compliance with all valid and applicable federal, state and local laws, ordinances, orders, rules and regulations
  • BWJ Disposal will transport Customer's disposable articles to Disposal Site (unless directed to do otherwise by local, state, or federal law enforcement) up to four times per week. The exact days of the week when collection occurs are determined by BWJ Disposal and are subject to change at BWJ Disposal's discretion.

5. MUTUAL WARRANTIES

Each Party represents and warrants to the other Party that it shall comply with all applicable laws and regulations in connection with its performance of this Agreement, including in the provision of services (in the case of BWJ) and in the access and use of the Services (in the case of Customer).

6. CHARGES AND PAYMENTS

Services under this Agreement are purchased and performed for a period of one month (“Service Term”). The Service Term begins on the date on which Customer initiates or renews service and ends at 12:00 AM on the corresponding date of the following month (or, if this is not possible, at 11:59 PM on the last day of the following month). After the end of the Service Term, Customer's provided payment method will automatically be charged for renewal of services for another Service Term. The fee charged will be BWJ Disposal’s then-current rates for the services at the time. Failed payment attempts will result in termination of service.

7. TERMINATION

7.1 Service Cancellation

Either Party may elect to terminate service at the end of the then-current Service Term at any time.

7.2 Immediate Termination

Either party may immediately terminate this Agreement, if (a) the other party materially breaches this Agreement and fails to cure that breach within 30 days after receipt of a written notice of the breach; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings; or (c) if required to do so by law.

7.3 Effect of Termination

When this Agreement terminates, Customer's right to receive service will cease. Unless Customer has requested that BWJ destroy all Customer Data in BWJ’s possession or control, BWJ may elect in its discretion when to delete Customer’s End Users’ accounts.

8. CUSTOMER DATA

Customer grants BWJ Disposal a non-exclusive, limited right to use (including storing, processing, copying, transmitting, modifying, and displaying) Customer Data solely as necessary to provide and support services provided in accordance with this Agreement.

9. LIMITATION OF LIABILITY

9.1 Limitation on Liability Amount

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID OR PAYABLE BY CUSTOMER TO BWJ IN CONNECTION WITH THIS AGREEMENT DURING THE FOUR-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY.

9.2 Limitation on Indirect Liabilities

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT BYRON W JONES, LLC WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY (A) INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; OR (B) LOST REVENUES, COST OF REPLACEMENT SERVICES, PROFITS, SAVINGS, OR GOODWILL.

REGARDING SECTIONS 9.1 AND 9.2, CUSTOMER AGREES THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BYRON W JONES, LLC AND CUSTOMER . FURTHERMORE, CUSTOMER UNDERSTANDS THAT BWJ’S SERVICES WOULD NOT BE PROVIDED WERE THERE NOT SUCH LIMITATIONS IN PLACE.

9.3 Unlimited Liabilities.

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR:

  1. ITS FRAUD OR FRAUDULENT MISREPRESENTATION;
  2. ITS PAYMENT OBLIGATIONS UNDER THIS AGREEMENT; OR
  3. MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. MISCELLANEOUS

10.1 No Class Actions

NEITHER PARTY MAY PURSUE ANY CLAIM AGAINST THE OTHER PARTY AS A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION. CLAIMS REGARDING ANY DISPUTE AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION MUST BE BROUGHT ON AN INDIVIDUAL (NON-CLASS, NONREPRESENTATIVE) BASIS.

10.2 Authority to bind

Customer represents and warrants that (a) Customer has full legal authority and power to bind one or more of the parties named on the deed or lease at the address where services will be provided under this Agreement to this Agreement; (b) Customer has read and understands this Agreement; and (c) Customer agrees, on behalf of that entity or organization, to this Agreement.

10.3 Severability

If one or more of the provisions contained in this Agreement is held invalid, illegal, or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

10.4 Assignment

Customer may not assign this Agreement, or Customer's rights or obligations under it, in whole or in part, to others. BWJ may assign this Agreement and rights and/or obligations under it at its discretion, including to an Affiliate or in connection with a merger, acquisition, reorganization, or transfer of assets. Any other attempt to transfer or assign is void.

10.5 Entire Agreement

This Agreement constitutes the entire agreement between Customer and BWJ Disposal with respect to its subject matter and supersedes any and all prior agreements, discussions, negotiations, and offers, whether verbal or in writing, related to this Agreement’s subject matter.

10.6 No Third-Party Beneficiaries

This Agreement does not confer any benefits on any third party.

10.7 Governing law

This Agreement and all disputes or claims (including procedural issues) between the Parties are governed by the laws of the State of New York, excluding New York’s conflict of laws rules. Any legal action arising out of this Agreement shall be brought in a state or federal court having jurisdiction in the State of New York, and will be located in Monroe County, New York.

10.8 Force Majeure

Except for Customer’s obligation to pay Fees owed, neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, civil unrest, or war.

10.9 Statute of Limitations

Customer agrees that this Agreement constitutes the entire agreement between Customer and Byron W Jones, LLC concerning Customer’s Statute of Limitations. Customer agrees that, without regard to any statute or law to the contrary, any claim or cause of action, regardless of form, which in any way arises out of this Agreement, must be filed within three (180) calendar days after such claim or cause of action arose or be forever barred.

10.10 Notices

BWJ Disposal will provide notices under this Agreement to Customer by sending an email to the email address BWJ has on file for Customer. Customer will provide notices under this Agreement to BWJ Disposal by sending an email to support@bwjdisposal.com. Notice will be treated as received when the email is sent. Customer is responsible for keeping Customer's email address current throughout the Service Term.

10.11 Survival

Sections 5 (MUTUAL WARRANTIES), 7.3 (EFFECT OF TERMINATION), 8 (CUSTOMER DATA), 9 (LIMITATION OF LIABILITY), 10 (MISCELLANEOUS), and any other sections which, by their nature, should survive termination will survive termination of this Agreement. Termination of this Agreement shall not limit a Party’s liability for obligations accrued as of or prior to termination or for any breach of this Agreement.