Terms and Conditions – Organic Waste Collection

1. BIN OWNERSHIP AND COLLECTION RIGHTS

1.1    Bin Ownership

1. All wheelie bins (“bins”) provided under this service remain the exclusive property of Nutrihumus (hereafter “the Company”).
   1. During an active subscription, the subscriber is granted the right to use the bin solely for organic waste collection.

1.2    Collection Rights

1. In the event of non-payment (as defined in Section 2) or other breach of these Terms, the Company reserves the right to retrieve its bin from the subscriber’s premises.

2.  PAYMENT AND NON-PAYMENT

2.1    Monthly Payment Obligation

• The subscriber must pay the monthly subscription fee in full on or before the due date, as stipulated by the Company.
  • All fees due under this Agreement remain payable unless the subscriber has formally cancelled the subscription in accordance with the applicable cancellation provisions (see Section 6).

2.2    Debit Order Requirement

• All subscription fees shall be settled strictly by debit order.
  • The subscriber is responsible for ensuring their bank account has sufficient funds on the debit date and that the debit order is properly authorized.

2.3    Failed Debit Orders (Bounces)

• If the subscriber’s monthly debit order is not honored (i.e., “bounces”), the

Company will notify the subscriber and attempt one (1) additional debit within twenty- four (24) hours.

• If the second debit attempt also fails, the unpaid balance will be deemed overdue

and subject to late payment handling as set out in Section 2.4 below.

• The subscriber may also cancel the service at this point if they do not wish to remain subscribed, but any applicable early cancellation fee (if cancelling within the first six months) or bin retrieval fee must still be settled.

2.4    Late or Non-Payment Procedure

• If the subscriber’s account remains unpaid by the end of the calendar month (after two debit attempts), the Company will issue a formal late notice via email or other

electronic means.

• A late fee of R250 will be added to the outstanding balance at the end of that month, in addition to the regular subscription fee.
  • If payment is still not received within any grace period specified in the late notice, the Company will arrange to retrieve the bin from the subscriber’s premises.
  • The subscriber must ensure that the bin is placed in an easily accessible location on the appointed retrieval day.

2.4.4.1   Inaccessible Bin (R200 Retrieval Attempt Fee)

• If the bin is not accessible (e.g., locked away, behind a gate, or otherwise

obstructed) when the collection team arrives, the subscriber will be charged an

additional fee of R200 for that failed retrieval attempt.

• The Company may schedule further attempts on subsequent days. Each attempt remains subject to a R200 retrieval attempt fee until the bin is successfully collected or the fees are otherwise resolved.

2.4.4.2   Refusal or Failure to Place Bin Outside (R1,500 Fee)

• If the subscriber refuses to provide the bin or fails to place it outside on the scheduled retrieval day, the Company will issue an invoice for R1,500, covering the full cost of the bin and administrative retrieval expenses. This fee is

considered immediately due.

• The subscriber will then have seven (7) days from the date of that invoice to

make the bin readily available for collection.

• If the bin is returned or made retrievable within these 7 days, the R1,500 invoice will be reduced to the standard R200 retrieval attempt fee (in line with 2.4.4.1).
  • If the subscriber does not comply within 7 days, the R1,500 charge remains in full, and further retrieval attempts (if any) will each incur an additional R200 retrieval attempt fee.

2.5    Accumulation of Fees

• All fees under this Section 2 may accumulate. For instance, a subscriber who fails two debit attempts and also misses the month’s end due date may owe both the

monthly subscription fee and the R250 late fee, plus any retrieval attempt fees incurred.

• The subscriber remains liable for all accrued fees, even if they subsequently cancel the service or return the bin, unless the Company explicitly waives certain charges in writing.

2.6    Payment Finality

• Unless otherwise stated by the Company in writing, all fees, penalties, and charges are final and non-refundable once invoiced.
  • If the subscriber wishes to dispute any charges, they must do so in writing within seven (7) days of receiving the relevant invoice or statement. Failure to dispute timely constitutes acceptance of all charges.

3.  BIN USE AND RESPONSIBILITY

• The bin must be used exclusively for organic waste in accordance with the Company’s guidelines.
  • The subscriber is responsible for maintaining the bin in a clean and usable condition.
  • Any misuse of the bin, including depositing non-organic or prohibited waste, may result in additional charges, suspension of service, or cancellation of the subscription.

4.  DAMAGE, THEFT, OR LOSS

• The subscriber is fully liable for any damage to, theft of, or loss of the bin while it is in their possession.
  • If the bin is damaged beyond usable condition, a replacement fee of R1500 will be charged.
  • If the bin is lost or missing for any reason, a replacement fee of R1500 will be charged.
  • If the subscriber reports the bin stolen, a replacement bin will be provided within five (5) days of the report; a fee of R1,500 will be due for that replacement.

5.  COLLECTION SCHEDULE AND ACCESS

• The Company will provide the subscriber with a specific schedule for bin collection.
  • The bin must be placed outside and accessible by the scheduled collection day and time.
  • If the collection team cannot retrieve the bin due to restricted access or because the bin was not placed outside, the service for that collection cycle will be forfeited without refund or rescheduling.

6.  SUBSCRIPTION CANCELLATION

• The subscriber may cancel their subscription after the initial six (6) months from the date of subscription, provided the bin is returned in good condition.
  • If the subscriber cancels within the first six (6) months, a cancellation fee

equivalent to three (3) months of the subscription fee will be charged.

7.  SERVICE SUSPENSION AND TERMINATION

7.1    Grounds for Suspension or Termination

• Repeated failure to place the bin in the correct collection area.
  • Violating waste disposal rules (e.g., placing non-organic or hazardous waste in the bin).
  • Failing to make payments despite multiple notifications.

7.2    Reactivation Fee

• In cases of suspension due to non-compliance, the Company may charge a reactivation fee of R250 to resume collection services.

7.3    Evidence of Violations

• The Company shall provide photographic or other documentary evidence to substantiate any alleged violation of waste disposal rules.
  • If the Company decides to cancel the subscriber’s service due to repeated non- compliance with waste disposal rules, the subscriber may be debited for one (1)

additional month’s subscription fee, and the bin will be retrieved in accordance with Section 2.4.

8.  SERVICE AREA AND RELOCATION

• The service is available only in designated Nutrihumus collection areas.
  • If a subscriber relocates outside these service areas, they must:
    • Notify the Company at least thirty (30) days in advance of the move to cancel the subscription.
    • Return the bin in good condition or pay a bin retrieval fee of R150 if the subscription is still within the first six (6) months.
  • If a subscriber relocates within the service area, they must:
    • Notify the Company at least seven (7) days before the move.
    • Permit the Company to collect the bin from the old address and deliver it to the new address. A relocation fee of R150 may be charged.

9. WASTE CONTAMINATION POLICY

• Only organic waste, as defined by the Company’s guidelines, may be placed in the bin.
  • If the bin is found to contain non-organic or hazardous materials or any other prohibited items, the Company may:
    • Refuse to collect the bin for that cycle.
    • Issue a formal warning to the subscriber.
    • Charge a contamination fee of R250 for repeated or serious violations.

10.   REFUNDS AND BILLING ADJUSTMENTS

1. The Company does not provide refunds for missed collections resulting from:
   1. Failure by the subscriber to place the bin in the correct location by the scheduled collection time.
   1. Restricted access preventing the collection team from retrieving the bin.
   1. Contamination issues where the bin is refused collection.
   1. Refunds or billing adjustments may be considered only if the Company fails to provide the agreed-upon service due to an internal error or issue.

11.   FORCE MAJEURE (EVENTS BEYOND OUR CONTROL)

1. The Company will not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including (but not limited to) natural disasters, strikes, riots, lockouts, or government actions (“Force Majeure Events”).
   1. The Company will make reasonable efforts to notify subscribers of any service disruption caused by Force Majeure Events and will endeavor to resume normal services as soon as practicable.

By subscribing to and using the Nutrihumus Organic Waste Collection service, the subscriber acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.