Terms & Conditions for Arun Garden Waste Club Services
Arun District Council (the "Council") operates a chargeable collection service for garden waste known as the Arun Garden Waste Club. These terms and conditions ("T&C's") explain how the Council provides the Services to you. By signing up for the Services, you agree to these T&Cs, which apply exclusively and override any other terms unless agreed in writing by the Council.
In these T&Cs “us” and “we” means the Council and “you” means the subscriber to the Services.
1. Definitions and Interpretation
- In these T&Cs:
- "Acceptable Waste" has the meaning given in clause 9.1;
- "Bin" means a 240 litre wheelie bin provided for collection of Approved Waste;
- "Collection" means a collection of the Bin(s) by the Sub-Contractor;
- "Collection Conditions" means the conditions necessary to enable us to provide the Services as set out in clause 6.3;
- "Collection Date(s)" means the scheduled dates for each Collection as published on the Council's website;
- "Contract" means the agreement between you and us for the provision of the Services, which is subject to these T&Cs and includes the information you provided when signing up for the Services, together with any operational details we publish from time to time (such as Collection Dates and service updates);
- "Offer" has the meaning given in clause 2.1;
- "Relevant Event" means any act or event beyond the Council and/or Sub-Contractor’s reasonable control, including without limitation: strikes or other industrial action; riot; terrorist attack; war; fire; explosion; storm; flood; earthquake; subsidence; pandemic; adverse weather; extreme weather or other natural disaster; power failure; internet service provider failure; technological failure; breakdown in machinery or collection vehicles;
- "Services" means the collection services for garden waste as described in these T&Cs, including provision of the Bin(s) for the Term and Collections (any reference to the Services will be deemed to be a reference to the relevant part of the Services where applicable);
- "Services Fee" means the fee you pay for the Services in the amount detailed on our website at the time that you sign up for the Services;
- "Sub-Contractor" means Biffa Municipal Limited (company number: 04321212);
- "Term" has the meaning given in clause 4.3; and
- "Unacceptable Waste" has the meaning given in clause 9.2.
- When we use the words "writing" or "written" in these terms, this includes email.
- When we use the words “including” or “includes”, this means “including but not limited to”.
- A reference to these T&Cs or the Contract means these T&Cs or the Contract as updated from time to time.
- Headings used in these T&Cs are for convenience only and do not affect the interpretation of these T&Cs.
- Any reference in these T&Cs to the Council performing the Services, shall be deemed to be a reference to the Sub-Contractor performing the relevant part of the Services on our behalf where appropriate.
- Our contract with you
- When you sign up for the Services on the Sub-Contractor’s website or via telephone (using the Sub-Contractor's telephone details provided below at clause 17) this constitutes an offer by you (the "Offer") to enter into the Contract.
- Subject to clause 2.3, your Offer will be accepted, and a Contract will come into existence between you and us, upon the earlier of the Sub-Contractor:
- sending you information confirming your subscription to the Services; or
- taking any action consistent with performance of the Services, such as delivering a Bin to your property.
- Acceptance of your Offer (and formation of the Contract) will be conditional upon you making any initial payment for the Services that is required at the time of your subscription. Whether an initial payment is required will depend on the method you use to sign up (for example, online or by telephone) and the payment plan you select (for example, annual or monthly).
- If we are unable to accept your Offer, you will be informed of this in writing or by telephone and you will not be charged for the Services.
- About the Service
- The Council is responsible for the Services but has subcontracted the day-to-day operation of elements of the Services (including subscription and collection services) to the Sub-Contractor. The Council oversees the Contract and customer service.
- The Services are for residential properties in the Arun District only. If the Council is of the opinion that you will be using the Bin(s) for a commercial purpose, we will cancel your Contract, and we will cease provision of the Services.
- These T&Cs are the only ones that apply to the Services, unless the Council agrees otherwise in writing.
- CONTRACT Commencement and Duration
- We will inform you of the start date of your Contract after you sign up for the Services on the Sub-Contractor’s website or via telephone.
- A Bin will be delivered to your property within a reasonable period after the start of this Contract. The Sub-Contractor will aim to deliver Bins within 12 working days, although this timeframe is not guaranteed. All Bins remain the property of the Council, and you must take reasonable care of them. We reserve the right to supply refurbished Bins where appropriate.
- The duration of your Contract is 12 months (the "Term"), unless terminated earlier in accordance with these T&Cs.
- Contract renewal
- If you pay by Direct Debit, your Contract will automatically renew for another 12 months (forming a new Contract) upon expiry of the Term, unless you tell the Sub-Contractor in writing at least 14 days before expiry that you do not wish for the Contract to renew by emailing the Sub-Contractor at gwc@biffa.co.uk or by completing an online cancellation request on the Sub-Contractor's website.
- The Sub-Contractor will send you a written reminder at least 30 days before your Contract is due to expire. This will set out the terms of your Contract renewal (including any price adjustments).
- If you pay by credit or debit card, your Contract will not automatically renew and you will need to manually renew your Contract via the Sub-Contractor’s website or by contacting the Sub-Contractor using the details below in clause 17.
- Upon expiry of your Contract, the Sub-Contractor will collect the Bin(s). We will charge £12.00 for the removal of each Bin.
- Providing the Service
- Collections will occur every two weeks on a specified Collection Date. We will endeavour to provide the Services on the specified Collection Dates but reserve the right to change the Collection Dates. If we change your Collection Dates, we will notify you of this in writing.
- The Services will be carried out by the Sub-Contractor between Monday and Friday, including public bank holidays, save for during the Christmas and New Year period when the Collections will be suspended for a two-week period. This suspension has been factored into the annual Services Fee and no refund will be provided for this period. Details of this suspension will be advertised on our website.
- Collections will only be carried out if:
- you have complied with your obligations under clause 8.1; and
- the Sub-Contractor's staff are able to move and lift the Bins safely
(together the "Collection Conditions").
- The Sub-Contractor's drivers will make the final decision as to whether the Collection Conditions have been satisfied and the Bins can be moved safely. If we cannot provide the Services because the Collection Conditions have not been complied with, you will still be charged.
- During cold weather the contents of Bin(s) may freeze, meaning it may not be possible to fully empty the Bin without damaging it. In these circumstances the remaining garden waste will be collected on the next scheduled Collection Date.
- Missed Collections
- If the Services are not performed on the Collection Date, other than due to the Collection Conditions not being satisfied (or where the Services have been suspended in accordance with clause 10) (a Missed Collection) you must report the Missed Collection to the Council no later than 5pm on the next working day after the Missed Collection to enable us to resolve any Collection issues. Following your notification of a Missed Collection:
- we will investigate the issue and discuss with the Sub-Contractor; and
- if we determine that a Missed Collection has occurred, we will arrange a replacement Collection within 3 working days.
- If a Missed Collection is not notified to us within the period stated in clause 7.1, we will not be able to provide a replacement Collection. Instead, the Services will be provided on the next scheduled Collection Services date. No refunds will be provided under these circumstances.
- YOUR RESPONSIBILITIES
- You must:
- only put Acceptable Waste in the bin;
- not put Unacceptable Waste in the bin;
- ensure that all Acceptable Waste placed in a Bin is loose and not contained in a bag;
- place your bin at the designated collection point (in accordance with clause 8.2) by 7:00 am on your collection day;
- ensure that Bins are not overflowing and that the lid is closed; and
- not pack Bins so densely that the Bin cannot be emptied.
- It is your responsibility to ensure that Bin(s) are put out for Collection on the boundary to the front of your property (or at the location agreed between us and you) in a clearly visible location, prior to 7.00 am on your scheduled Collection Dates unless alternative arrangements have been agreed by us. If you have an assisted waste collection, please inform us and the Sub-Contractor will collect and return the Bin to its storage location.
- There will be no return visit for aborted collections due to access not being made available by you, or for Bin(s) being placed out later than 7.00 am on the day of collection unless alternative arrangements have been agreed by us.
- You must not permanently mark or paint a Bin. You are responsible for any loss, damage, or theft of the Bin unless it is caused by the Sub-Contractor.
- We reserve the right to charge you £25 if a Bin is damaged, lost, stolen or permanently marked or painted. Such fee shall not apply to damage caused by the Sub-Contractor whilst providing the Service and reasonable wear and tear.
- You must remove your Bin(s) from the collection point as soon as possible after Collection and it is your responsibility to safely store your Bin(s) on your property between Collections.
- WHAT CAN AND CANNOT GO IN THE BIN
- You can put the following in your Bin:
- compostable waste: waste that is suitable for open window composting including: plant stems; leaves and stalks (all such waste must be free from any other form of contamination (e.g., synthetic twine)); and
- green waste: botanical waste consisting of grass cuttings; hedge clippings; leaves (excluding street sweepings); dead plant material and roots
(together "Acceptable Waste").
- You may not put anything other than Acceptable Waste in your Bin, including (without limitation): food and kitchen waste; fallen fruit; stones; concrete; turf; non-compostable items; and animal waste ("Unacceptable Waste").
- The Sub-Contractor will not collect your Bin if it contains Unacceptable Waste. It is your responsibility to remove the Unacceptable Waste before your next Collection Date.
- Suspension of Services
- The Council may suspend the Services (in whole or in part) if:
- it is necessary to carry out planned maintenance or updates to comply with changes in law or regulatory requirements;
- a Relevant Event occurs which prevents or materially hinders the Council from performing the Services;
- you damage a Bin or otherwise materially breach any provision of these T&Cs; or
- you fail to make payment in accordance with these T&Cs and such payment remains outstanding for 14 days after the due date.
- Where reasonably practicable, we will give you prior notice of any suspension, explaining the reason and expected duration. If prior notice is not possible due to urgency or emergency, notice will be given as soon as reasonably practicable.
- Suspension in accordance with clause 10.1 shall not constitute a breach of this Contract by the Council. We will take reasonable steps to minimise the impact of any suspension.
- If the Services are suspended for more than four (4) consecutive weeks (other than due to your breach of these T&Cs or non-payment), we will adjust the Services Fee so that you do not pay for the period of suspension.
- If the Services are suspended for more than six (6) consecutive weeks (other than due to your breach of these T&Cs or non-payment), you may terminate the Contract by written notice to us at the email address below. Upon termination, the Council (through the Sub-Contractor) will refund any charges paid in advance for Services not provided after termination.
- If we suspend the Services due to your non-payment:
- if you fail to pay within 28 days after suspension, we may terminate this Contract without refund of any charges already paid; and
- we may remove the Bin(s) for a charge of £12 per Bin.
- We will not suspend the Services where you have genuine and reasonable grounds to dispute an unpaid sum and have notified us of the same in writing.
- No refunds will be provided where the Services are suspended, save in accordance with clauses 10.4 and 10.5.
- changes during the contract term
- You have the right to request additional Bins during the Term. If the Council can accommodate your request, the Sub-Contractor will confirm this in writing and will let you know about any changes required to the Services. If you wish to proceed, the Council will deliver additional Bins at a cost of £25 per Bin.
- If you have multiple Bins, the annual Services Fee will be applied on a per bin basis.
- If you are moving house within the Arun District, the Service may be transferred to your new property. The Bin from your old property will need to be transported by you. It is your responsibility to also inform the Sub-Contractor of the change of address in writing. This must be done 14 days before your moving date.
- If you move out of the Arun District during the period of your Contract, we will not provide a refund for the unused months. It is your responsibility to inform the Sub-Contractor so that the Bin can be collected. We reserve the right to charge you £25.00 per Bin not returned to us.
- The Council reserves the right to vary these T&Cs at any time by giving reasonable notice.
- PAYMENT
- You will pay the Services Fee annually or monthly, based on the option you selected when signing up for the Services.
- We accept payment by Direct Debit or credit or debit card. We do not accept payment by cash, postal order or cheque. If you pay monthly and would like to alter your payment method during the Term, please contact the Sub-Contractor.
- We may amend the annual Services Fee on 1 February each year. We will aim to give you at least 30 days’ prior written notice of any change. If we do not provide such notice within the required timeframe, the revised Services Fee will still apply from the date specified in the notice, provided that the notice is given as soon as reasonably practicable and before the amendment to the Services Fee takes effect.
- LIMITATION OF LIABILITY
- We are responsible only for direct losses you suffer as a result of our negligence or breach of these T&Cs. We are not responsible for any indirect or consequential losses.
- The Sub-Contractor carries out the Services on our behalf. We remain responsible for ensuring the Services are provided with reasonable care and skill. However, we are not responsible for any failure or delay by the Sub-Contractor unless it results from our own negligence or failure to exercise reasonable oversight.
- We are not responsible for delays or failures caused by events outside our control, such as extreme weather, strikes, or other unforeseen events.
- Nothing in these T&Cs excludes or limits our liability where it would be unlawful to do so.
- Except as set out in clause 13.4, our total liability to you under and in connection with these T&Cs is limited to the Services Fee paid or payable by you for the Services.
- Your rights to end the contract
- You have the right to cancel this Contract at any time before the earlier of:
- 14 days from the day you subscribe on our website or over the telephone; and
- the date of the first Collection.
If you cancel within this cancellation period you will receive a refund for the Services Fee you have paid (including the costs of the Bin), save that, we may deduct from any refund an amount for Services already supplied (i.e. any Collections made in the period before cancellation and a Bin removal fee).
- You can end your Contract with us during the Term by notifying us that you would like to terminate the Contract. Upon termination of the Contract you will remain liable to pay the Services Fee up until the end of the Term unless you are terminating because the Services have been suspended for more than 6 weeks in accordance with clause 10.5.
- To terminate the Contract, please contact the Sub-Contractor on 0800 0858 286 or by emailing gwc@biffa.co.uk or visit the GWC website https://www.greenwasteclub.co.uk to complete and send the cancellation form. You may also terminate the contract via your online account. When terminating, please provide your name, home address, Subscriber ID reference and, where available, your phone number and email address.
- If you are due a refund, we will refund you the relevant amount by the method you used for payment. We will make any refunds due to you as soon as possible.
- Our rights to end the contract
- We may terminate the Contract immediately on notice and cancel further provision of the Services at any time if you materially or persistently breach these T&Cs.
- We may also terminate the contract with you on a no-fault basis by giving you at least 30 days’ notice, in which case, if you have pre-paid for the Services, you will receive a refund of the amount pre-paid by you for the Services that you will not receive.
- DATA PROTECTION
- The Council will handle your personal data in line with UK GDPR. Biffa acts as a data processor on behalf of the Council.
- We will use the personal information you provide to:
- supply the Services to you;
- process your payment for the Services; and
- if you agreed to this during the order process, to give you information about similar services that we provide, but you can choose to stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- Contact Information and COMPLAINTS
- Missed Collections and non-subscription based complaints should be reported to the Council in accordance with clause 7. You can contact the Council by telephoning our customer service team at 01903 737500 or emailing us at cleansing@arun.gov.uk.
- Subscription related complaints relating to the Services should be addressed to the Sub-Contractor in the first instance. You can contact the Sub-Contractor by telephone on 0800 0858 286 or by email at gwc@biffa.co.uk.
- If your complaint is not resolved satisfactorily you may escalate it to the Council’s Information Management team at infomanagement@arun.gov.uk so it can be handled in accordance with the Council’s corporate complaints policy Compliments and complaints | Arun District Council
- If we need to contact you, we will do so by telephone or by email using the contact details you provided with your order.
- GOVERNING LAW
These Terms are governed by English law, and any disputes will be handled by the English courts.
- Other important terms
- This Contract forms the entire agreement between you and the Council.
- We may transfer our rights and obligations under these T&Cs to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer this Contract to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this. We will not unreasonably withhold our consent to transfer if you are moving house.
- Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contract whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- If any provision of these T&Cs is found to be invalid or unenforceable it shall be deemed deleted from these T&Cs and the rest of the T&Cs will continue to apply.
- Even if we delay in enforcing this Contract, we can still enforce it at a later date.
- The Council shall be free to sub-contract the provision of the Service (or any part thereof).
