This is an agreement between you and Can Monkey LLC (and its affiliates, “CanMonkey” or “we”). Before using CanMonkey, please read these CanMonkey Terms and Conditions of Service, the CanMonkey Privacy Notice, the CanMonkey Recurring Payment Terms and Conditions, and the other applicable rules, policies, and terms posted on the CanMonkey website or available through your CanMonkey app (collectively, this “Agreement”). By using CanMonkey, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use CanMonkey.

You agree to have contracted with Can Monkey LLC to perform the service of taking out and returning your waste and recycling cans at the address specified. You agree that this is a monthly Service Contract and you agree to pay CanMonkey monthly in advance of the services to be provided for that month.

For the purposes of these CanMonkey Terms and Conditions of Service:

“CanMonkey” means CanMonkey’s can management service, including the CanMonkey app and other related services.

“Software” means all software (including any updates or new versions), and any related documentation, that we make available to you for use in connection with CanMonkey.

“CanRunners” means persons employed or contracted by CanMonkey LLC to provide CanMonkey’s can management service.

Home Access

By submitting your service subscription request online, you are authorizing CanMonkey and its CanRunners to access your property (or other location) that you designate for the purpose of taking out and returning your waste and recycling cans. By subscribing to our service, you are confirming that you have the right to authorize CanMonkey and its CanRunners to access the designated property. It is your responsibility to ensure that CanMonkey or its CanRunners have full access to your trash and recycling cans on the scheduled service dates. Should CanMonkey or its CanRunners arrive and be unable to provide service due to lack of access, you shall not be entitled to a credit or refund.

Service

CanMonkey or its CanRunners will take out your trash and/or recycling cans the day prior on your designated waste collection day. After your trash and/or recycling items have been picked-up, CanMonkey will return your cans to the original storage location. You agree that for a flat monthly fee CanMonkey will take out and return 1 trash can and 1 recycling can per week for 1 calendar month. That is 2 service visits per week.

Can Access

You must ensure CanMonkey or its CanRunners have access to your trash and recycling can on the scheduled service day, including but not limited to: gate entry codes, lock combinations, security guard verification, and pets relocated from storage areas. If CanMonkey or its CanRunners are unable to access your trash or recycling cans for any reason, services will not be performed that week and you shall not be entitled to a credit or refund. CanMonkey reserves the right to decline its service for any reason. To ensure smooth service delivery, it is essential that accurate and complete information regarding the location of your trash cans and any necessary access instructions is provided. Failure to supply this information may result in service issues. We cannot be held responsible for non-delivery of service in these circumstances. 

Pricing

You agree to pay CanMonkey the current monthly recurring service fee plus applicable sales taxes. As of October 1st, 2024, the monthly base service fee is $49 plus applicable sales taxes. CanMonkey reserves the right to increase or decrease the monthly service fee at any time and at its sole discretion.

Change in Price

Although CanMonkey makes every effort to remain as competitive as possible and offer the most reasonable prices, some cost increases to the service provided may be beyond our control. In the event that CanMonkey changes the monthly service fee, CanMonkey will provide you 2 months written notice of any change. As always you have the option to cancel at any time if you do not agree with the change in price. If you choose not to cancel, you will be billed and charged the new recurring monthly service fee.

Billing

Service is billed at the beginning of each month and is billed on a recurring monthly basis to ensure uninterrupted service. Unless a specific request is made to cancel the service, billing will continue on a recurring monthly basis.

Applicable sales tax. All applicable local, State, and/or Federal taxes will be added to the current recurring monthly service fee.

Payment Terms

By accepting these terms and conditions you are electing to enroll in the CanMonkey Payment Plan and agree to the CanMonkey Recurring Payment Terms and Conditions. You hereby authorize CanMonkey to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected. Your CanMonkey can service will automatically renew at the end of each period selected in your Payment Plan (either monthly, every 6 months or every 12 months). CanMonkey will automatically charge the full amount of Payment to your Payment Method each time your can service renews, unless you cancel according to these terms and conditions.

Cancellation

To cancel service, you must provide a 30-day advanced notice prior to your next billing cycle by submitting a cancellation request at www.canmonkey.com/contact, except in circumstances where Enterprise pricing has been granted. Note that service is billed monthly, and no partial credits or refunds will be issued. For accounts with multiple properties, notice of cancellation must be done prior to the upcoming billing cycle in writing to cansupport@canmonkey.com. Invoices issued before a cancellation request will not be adjusted or revised to reflect the cancellation under any circumstances. Furthermore, no credits will be issued to the account for properties removed after the renewal invoice has been issued. For accounts with Enterprise pricing, cancellation of 50% or greater of the properties on service and/or closing of the account requires a minimum 90-day advanced notice prior to your next billing cycle and must be done in writing to cansupport@canmonkey.com. A 90-day cancellation policy is required for Enterprise customers canceling their entire account due to several critical factors. As an Enterprise customer benefiting from a volume discount rate, certain commitments are required to ensure that the minimum level of quality is maintained. Furthermore, offboarding a large number of properties significantly impacts route efficiency and continuity for other customers. Lastly, the notice period allows us to properly re-allocate and reschedule workforce resources effectively.

A cancellation number will be provided as confirmation that subscription has been canceled and the property removed from service. Please conserve this confirmation number as evidence of cancellation. CanMonkey’s failure to enforce a cancellation fee or any other provisions of these Terms and Conditions shall not be construed as a waiver of the right to assert any such terms on any future occasion.

Pets

The homeowner/resident is responsible to contain and restrain their pets. For the safety of our CanRunners, if an unrestrained pet is present on the property and our CanRunner determines that it is unsafe to access the property, the delivery of service will not be completed. If you are signed up for notifications, you will be informed via SMS text or email that your property could not be serviced on that day. In the event that service cannot be delivered due to an unrestrained pet, no credits, refunds, or adjustments will be issued. Please ensure that pets are properly restrained or secured during your scheduled service time.

Vehicles

CanMonkey will make every effort to place your waste and recycling cans with great care to a curbside location for city pick-up. In the event that your vehicle or any other vehicles hits or knocks over your trash or recycling, CanMonkey will not be held responsible in any way for any damage to the vehicle or cans.

Garage Access

You affirm that your garage will be safe and free from hazards. You must disable any alarms or security systems in your home. Neither CanMonkey nor its affiliates are responsible for disarming or resetting any alarms or security systems, nor for your failure to do so, or for any liabilities resulting from your security system being unarmed in your home, regardless of the cause. By granting access to your garage for the purpose of servicing your trash cans and providing a garage code, you agree to the following: 1) Assumption of Risk: You acknowledge that you assume all risks associated with granting access to the garage, 2) Limitations of Liability: CanMonkey or its affiliates shall not be held liable for: a) any lost or missing items from the garage,  b) any damage to the garage door or opener, c) any occurrences of the garage door being left open. Best Efforts Commitment: While CanMonkey or its affiliates will make every effort to open and close the garage responsibly, we cannot be held liable for any issues arising from the access granted. By providing access to the garage, you confirm your understanding of and agreement to these risks and limitations of liability.

Safety Issues

The homeowner/resident is responsible to maintain code compliance with the city on issues such as fencing and gates, backwash/waste lines and all other applicable safety issues.

Overloading and Closed Lid

For the safety of our CanRunners and to minimize the risk of injury or damage, trash cans must not be overloaded, and lids must be properly closed in accordance with city guidelines. Overloaded trash cans or those with open lids present safety hazards and may lead to service issues. If your trash cans are found to be overloaded or the lids are not closed, we reserve the right to not deliver service. In such cases, no credits, refunds, or adjustments will be issued. We appreciate your cooperation in providing a safe working environment for our CanRunners.

Overflowing Trash and Access

To ensure the safety and efficiency of our service, trash cans must be easily accessible and not surrounded by overflowing trash that obstructs access. Our CanRunners must have a clear path to roll trash cans to the curb and back. If overflowing trash or other obstructions prevent our CanRunners from safely accessing the trash cans, service will not be delivered, and no credits, refunds, or adjustments will be issued. For excess trash situations, please visit www.canmonkey.com/ondemand to request a waste removal. On-demand waste removal is an additional service and will be billed separately from your subscription. We appreciate your cooperation in maintaining a clear and safe access path for our CanRunners.

Inclement Weather

The safety of our Customers and CanRunners is our highest priority. In the event of inclement weather, including but not limited to severe rain, ice, wind, or snow conditions, we reserve the right to delay, reschedule, or cancel services without prior notice. No credits, refunds, or adjustments will be issued for services that cannot be delivered due to such weather-related conditions. We appreciate your understanding and cooperation in ensuring the safety of our team.

Road Closure Policy

In the event of road closures that prevent access to your property, we cannot be held responsible for the non-delivery of service. If service cannot be delivered due to road closures, no credits, refunds, or adjustments will be issued. We appreciate your understanding as we navigate these circumstances beyond our control.

Sanitary Trash Can Policy

To ensure the safety and well-being of our CanRunners, if your trash cans are deemed excessively dirty or smelly, we reserve the right not to service your property. It is the customer's responsibility to maintain their trash cans in an acceptable sanitary condition for handling. If you are signed up for notifications, you will be informed via SMS text or email that your trash cans require cleaning. Should the situation persist, your property will not be serviced until the issue is rectified. In the event that service cannot be delivered due to excessively dirty or smelly trash cans, no credits, refunds, or adjustments will be issued.

Software and Telecommunication Issues

While we take every precaution to ensure the reliable delivery of our services, we cannot be held responsible for non-delivery of services due to unforeseen software and telecommunication issues. Although such occurrences are rare, certain variables, including but not limited to third-party applications, hardware, and cellular service, are beyond our control. In the event that service cannot be delivered due to these issues, no credits, refunds, or adjustments will be issued. We assure you that we will do everything within our power to mitigate and resolve any such situations as swiftly as possible.

Holiday Trash Schedule Adjustments

During holiday periods, we will make every effort to adjust our services in response to changes in your property's trash collection schedule. However, due to the unique observance of holidays by each city and the inconsistencies in the application of their revised schedules, we cannot be held liable for missed pickups during these times. In the event that service cannot be delivered due to a missed holiday pickup, no credits, refunds, or adjustments will be issued. We appreciate your understanding as we navigate these variables.

Short-Term Rental Properties

1. HOA: If the property signed up for service is designated for short-term rental use by the owner and not a primary residence, CanMonkey shall not be held liable for any notices, fines, or penalties issued by the Homeowner Association (HOA) related to the improper use, placement, or management of trash cans. The Customer assumes full responsibility for adhering to all HOA rules and regulations regarding trash cans and agrees to indemnify and hold CanMonkey harmless from any resulting consequences. 

2. Guest interaction: If the property signed up for our services is designated for short-term rental use and not as a primary residence, please be aware that service may not be delivered if our CanRunner determines that accessing the property is inappropriate due to the presence of guests. The safety and comfort of both our CanRunners and your guests are of utmost importance, and we will not access the property if there is a risk of startling or disturbing guests. In the event that service cannot be delivered for this reason, no credits, refunds, or adjustments will be issued. 

Force Majeure:

Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, natural disasters, pandemics, strikes, lockouts, labor disputes, equipment or material shortages, power failures, transportation delays, or any other event or condition that is beyond the reasonable control of the affected party (collectively, "Force Majeure Events"). During the continuance of such Force Majeure Events, the obligations of the affected party shall be suspended to the extent necessary. The affected party shall promptly notify the other party of the occurrence of a Force Majeure Event and its expected duration. If the Force Majeure Event continues for more than 30 days, either party may terminate this Agreement by providing written notice to the other party.

Customer Satisfaction: 

Our goal is your complete satisfaction. In the event that a job is not satisfactorily completed, it is the customer’s responsibility to notify CanMonkey within 7 days, (preferably sooner), so that we can look into the matter and resolve it quickly to your satisfaction.

Changes to CanMonkey

We may change, suspend, limit, or discontinue CanMonkey, or any part of it, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the CanMonkey website. Your continued use of CanMonkey after the effective date of the revised Agreement constitutes your acceptance of the terms.

Contact Information

For help with CanMonkey or resolving other issues, please contact Customer Service at help@canmonkey.com

Disputes/Binding Arbitration

Any dispute or claim arising from or relating to this Agreement or CanMonkey is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the CanMonkey Conditions of Use. By using CanMonkey, you agree to be bound by those terms.

Disclaimer

Under the terms of this agreement, CanMonkey will not be held responsible for any damage to your waste or recycling cans. Furthermore, CanMonkey shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. CanMonkey will not be held responsible for any damage caused to vehicles that may back-up or hit your waste or recycling cans in any way.

Right to Refuse Service

CanMonkey reserves the right to refuse service to any property, at its sole discretion, for any reason. This right may be exercised without the requirement of explanation, and no liability shall arise from the decision to refuse service. The refusal may be based on, but is not limited to, factors such as safety concerns, property condition, non-compliance with terms and conditions, access issues, or any other reason deemed appropriate by CanMonkey.

Recurring Payments Terms & Conditions

By accepting these terms and conditions through your election to enroll in the Payment Plan selected by you, you hereby authorize CanMonkey to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected.

Your CanMonkey can service will automatically renew at the end of each period selected in your Payment Plan (either monthly, every 6 months or every 12 months). CanMonkey will automatically charge the full amount of Payment to your Payment Method each time your can service renews, unless you cancel according to the terms and conditions stated below.

Payments, Payment Account and Payment Method

You agree that the Payment Method specified by you for automatic Payments to CanMonkey is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card or other mode of payment, as applicable, to make your Payments. The automatic charge to your Payment Method will occur on the Billing Date of the month(s) of payment according to your Payment Plan. In addition, CanMonkey may subscribe to an account updater service, which may be supported by your Payment Method issuer, such as your credit card provider or bank. If your Payment Account number or Payment Account expiration date changes, you understand and agree that your Payment Method issuer may notify CanMonkey of such changes in order for CanMonkey to update your Payment Account information on file and charge automatic Payments to your new Payment Account information.

Automatic Renewal

Your can service will continue for the length of the initial term you selected for your Payment Plan and at the end of your Payment Plan term, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal, or your CanMonkey can service is cancelled, terminated, or discontinued by you or by CanMonkey. Your Payment Method will automatically be charged at the rates in effect at the time of renewal.

Notification of Payments

With the exception of a confirmation email sent to you from CanMonkey confirming your selected Payment Plan, you may not receive any receipt of payment emails to your Email Account notifying you that a Payment has been made under the Payment Plan. Such confirmation email may be your only notification from CanMonkey regarding your Payments under the Payment Plan. You understand and agree that CanMonkey may not provide you with advance notification before a Payment is charged to your Payment Method.

Current Information 

It is your responsibility to make sure that your Payment Method information and Email Account information are current at all times during the term of the Payment Plan.

Payment Method Declined

If any Payment charged to your Payment Method is declined, you authorize CanMonkey to make additional attempts each day for up to twenty (20) consecutive days thereafter to successfully charge your Payment Method, if possible under such Payment Method. If CanMonkey is unable to successfully charge your Payment Method after such time and you have a recurring Payment Plan, you authorize CanMonkey to reattempt Payment Method authorization as stated herein for two (2) additional consecutive months.

Cancellation

Cancellation of your CanMonkey can service shall be effective at the time of cancellation. Cancellation of your CanMonkey can service must be made on a Business Day and more than 1 month before the Billing Date, except in the case of special volume pricing, or your Payment Method will be charged for the then due Payment. Special volume pricing requires a minimum of 3 months advance notice of cancellation. If you cancel your enrollment for recurring Payments on a monthly Payment Plan, and you wish to remain a part of the CanMonkey service, you will be responsible for taking the appropriate action to pay the appropriate can service fees for the next month on or before the end of each month. Cancellation fees may apply if you cancel your CanMonkey can service prior to the end of any minimum commitment period. CanMonkey reserves the right to waive any cancellation fee, in whole or in part, at its discretion. CanMonkey’s failure to enforce a cancellation fee or any other provisions of these Terms and Conditions shall not be construed as a waiver of the right to assert any such terms on any future occasion.

Electronic Signature

By signing this Agreement electronically, both parties agree that the electronic signatures are the legally binding equivalent of traditional handwritten signatures. The use of electronic signatures, including but not limited to clicking "I Agree" or signing electronically, constitutes acknowledgment and acceptance of the terms and conditions of this Agreement. Each party agrees that no certification authority or other third-party verification is necessary to validate the electronic signature, and that the lack of such certification or verification will not in any way affect the enforceability of the electronic signature or this Agreement.

Messaging Terms & Conditions

General

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from CanMonkey for CanMonkey. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with CanMonkey. CanMonkey reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. CanMonkey also reserves the right to change the short code or phone number where messages are sent.

Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.

Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation

You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from CanMonkey again, just sign up as you did the first time and CanMonkey will start sending messages to you again.

Info

Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at cansupport@canmonkey.com. 

Transfer of Number

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at cansupport@canmonkey.com. The duty to inform us based on the above events is a condition of using this service to receive messages.

Privacy

If you have any questions about your data or our privacy practices, please see our Terms and Conditions above.

Messaging Terms Changes

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.