TERMS & CONDITIONS
SHREDDING SERVICE CONTRACT
This Agreement dated on the ____ day of ____________, 20____
ACCELERATION SIGNS LTD., doing business as
10095 – 85 Avenue
Fort St. John, British Columbia
OF THE FIRST PART
OF THE SECOND PART
WHEREAS Company carries on a secure shredding and destruction service for paper, media and other materials (the “Services”) and Customer wishes to contract with Company for the provision of Services on the terms as set out in this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the promises, covenants and agreements hereinafter set forth, the parties hereto covenant, agree represent and promise as follows:
Terms and Conditions
1. Description of Services. Company will provide the Services for the secure destruction of paper, media and other materials that are reasonably in accordance with Company’s written and published representations as posted on Company’s website from time to time (www.accelerationshredding.com). Company will furnish a written verification of the completion of such Services to Customer upon request.
2. Schedule. Company agrees to provide the Services to the Customer on the following Schedule:
[ ] Weekly
[ ] Bi-weekly
[ ] Monthly
[ ] Bi-monthly
[ ] Quarterly
[ ] On Call
[ ] Other: ________________
at Customer’s address as follows:________________________________________________.
3. Fees. Customer shall pay to Company the following rates for the Services:
$10.00 per bankers’ box;
$40.00 per console;
$60.00 per 64 Gallon container; and
4. Company reserves the right to changes its fees at any time by providing written notice to the Customer of such new fees. Company shall invoice Customer in such intervals as it sees fit, usually after each service call. All invoices are due and payable NET 30 DAYS. Any amount not paid within 60 days of invoicing shall bear interest at the rate of 1.5% per month (18% per annum). In the event this matter is referred to an attorney for collection, Customer agrees to pay Company’s legal fees on a solicitor and own client basis, which Customer acknowledges and agrees could be 33-1/3% of the amount outstanding or greater.
5. Term/Renewal. The initial term of this agreement shall be for one (1) year (the “Initial Term”) commencing on the installation date. At the expiration of the Initial Term, this agreement will automatically renew for successive one (1) year periods (each a “Renewal Term” and collectively with the Initial Term the “Term”) unless a party provides the other parties with notice of its intent not to renew this agreement at least sixty (60) days prior to the expiration of the then current term.
6. Unrestricted Termination. Either party may terminate this agreement for any reason by giving the other party at least 60 days’ written notice.
7. Security Containers. Company will provide the Customer with locking document collection containers as described herein. Said containers shall remain the property of Company and may only be used for collection of documents to be shredded by Company. Containers will be removed by Company upon termination of this agreement. Fees will be assessed of $125 per container for damage beyond normal and reasonable wear and tear to the security containers from normal use and/or failure of the Customer to return the container(s) to the Company within thirty (30) days of the termination of this Agreement. Company reserves the right to increase the amount payable in relation to each bin from time to time by providing Customer with prior written notice, which may take the form of posting the same on the Company’s website. In the event Customer defaults in the payments, or Company cancels this contract for non-payment, Customer will be responsible for a liquidated sum of $190 per container that is not returned to Company in addition to the fee assessed for failure to return a container.
8. Right to Rely on Instructions. Company may act in reliance upon any instruction, instrument, or signature reasonably believed by Company to be genuine, and may assume that any of Customer’s employees or any employee of Customer’s affiliates or subsidiaries giving any written or verbal notice, request, or instruction has the authority to do so.
9. Compliance with Contracts, Laws and Regulations. Customer shall be responsible for, and warrant compliance with, all contractual restrictions and all applicable laws, rules and regulations, including but not limited to environmental laws and contractual restrictions and laws governing the confidentiality, retention and disposition of information contained in any materials delivered to Company. Customer shall comply with applicable laws, statutes, regulations and ordinances and shall hold Company harmless in the event of any breach or violation of said laws, rules, or contractual restrictions.
10. Cooperation and Assistance. Customer shall cooperate with Company with regard to the performance of the Services, subject to normal security requirements and in a manner that is not unnecessarily disruptive to Customer’s business operations, by providing to Company such information, data, access to premises, management decisions and approvals as may be reasonable to permit Company to perform the Services hereunder.
11. Hazardous Substances. Customer shall NOT provide to Company for destruction any material which is considered toxic or dangerous either in shredded state or intact, or which is regulated under any federal, provincial, or local law or regulation relating to hazardous materials. In the event of the accidental or negligent custodial transfer of hazardous or regulated waste, including bio-hazard and devices containing lithium-ion batteries, Customer agrees to arrange to appropriately, safely and legally assume custody of such hazardous materials at Customer’s expense and further to indemnify the Company for any property damage, personal injury, or cleanup expenses resulting from such provision of hazardous substances for destruction.
12. Material Descriptions. Itemized lists or descriptions of contents of materials submitted by the Customer to the Company shall be generally considered for recordkeeping, reconciliation, and reference purposes only, and are not to be considered proof that said documents contained on such lists and descriptions are in fact contained in the materials accepted.
13. Negotiable Items. Customer agrees to make Company aware in writing and in advance of any instance in which negotiable instruments, including but not limited to checks, bearer bonds, travelers’ checks, or coupons will be presented for destruction, and further, that in absence of such notice, Company incurs no liability related to the restitution for the value of such negotiation such instruments.
14. Confidentiality. “Confidential Information” means any information relating to Customer’s property, business and affairs. Unless such Confidential Information was previously known to Company free of any obligation to keep it confidential, is subsequently made public by Customer or by a third party having a legal right to make such disclosure, or was known to Company prior to receipt of same from Customer, it shall be held in confidence by Company and shall be used only for the purposes provided in this Agreement. Company shall use the same degree of care to safeguard Customer’s Confidential Information as it uses to safeguard its own. However, Company may comply with any subpoena or similar order related to materials delivered to Company.
15. Presentation of Claims. Customer must present in writing any claim with respect to any Service provided by Company within a reasonable time and in no case later than sixty (60) days after the occurrence of the event on which the claim is based.
16. Limitation of Liability. Company shall not be responsible or liable in any manner whatsoever for the release or loss of any materials deposited in bins or otherwise delivered to it for secure destruction unless the release or loss is due to Company’s negligence or willful misconduct. Company’s maximum liability for any and all claims arising with respect to Services provided under this Agreement shall not exceed the aggregate amounts paid by Customer with respect to Services provided at the particular Customer location during the six (6) months preceding the event which gives rise to a claim. In no event shall Company be liable for any consequential, incidental, special or punitive damages, regardless of whether the action is brought in tort, contract or any other theory.
17. Ownership Warranty. Customer warrants that it is the owner, legal custodian or otherwise has the right to deliver for destruction any and all materials Customer provides Company hereunder.
18. Indemnity. Customer shall indemnify and save harmless Company, its employees, directors, officers, agents, shareholders and its successors and assigns from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees, and costs of any kind which result from or arise out of any breach of this Agreement or any act, omission or negligence of Customer or any party for which it is responsible for at law, including without limitation, by reason of Company complying with its obligations under this Agreement to destroy any materials provided to it on behalf of Customer. This indemnity shall survive the termination of this Agreement.
19. Binding Nature and Assignment. This Agreement shall be binding on the parties and their respective successors and assigns.
20. Force Majeure. Each party shall be excused from any delay or failure in performance under this Agreement for any period if and to the extent that such delay or failure is caused by acts of God, governmental actions, labor unrest, riots, unusual traffic delays, failure of a positioning system or wireless or power network or the Internet, or other causes beyond its control.
21. Relationship of Parties. Company is acting as an independent contractor hereunder and has the sole right and obligation to supervise, manage, contract, direct, procure, perform, or cause to be performed all work to be performed by Company under this Agreement.
22. Invalidity. Neither this agreement nor any provision herein may be waived, amended, modified, canceled, terminated or otherwise changed or discharged by Customer. If any provision of this agreement is held void or unenforceable, it shall not affect the enforceability of any other term or condition in this agreement, and shall not void any liability of any party to this agreement.
23. Waiver of Breach. No breach of this agreement shall be deemed material unless the party alleging such a breach shall have given written notice of said breach to the other party, via registered mail and such other party fails to cure such breach within thirty (30) days, after receipt of said notice. Waiver of a breach of any provision of this agreement shall not be deemed or construed to be a waiver of any subsequent breach.
24. Jurisdiction. This agreement and all other documents and instruments entered into in connection herewith shall, unless otherwise expressly provided therein, be governed by and interpreted in accordance with the laws in force in the Province of British Columbia from time to time and the parties irrevocably attorn and submit to the exclusive jurisdiction of the Courts of the Province of British Columbia.
25. Captions. The captions appearing in this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.
ACCELERATION SIGNS LTD., doing business as
By its authorized signatory
Print name: _____________________________
Customer Name: _________________________
Customer Signature: ______________________
Name of Signatory: ______________________
Privacy Contact Information
If you have any questions, concerns, or comments about our terms and conditions you may contact us using the information below:
By Email: firstname.lastname@example.org
By Phone: (250) 785-4054 or toll free1-877-657-4733