Terms of Use
Last Updated: April 28, 2023
Plain-English summary: These Terms explain how Binners works today. We provide construction and construction-support services such as bin rentals, waste removal, demolition, general labour, site cleans, and related services. Sometimes we perform the work ourselves; sometimes we coordinate or subcontract it. These Terms set expectations and allocate common risks.
1. About Binners and the Services
Binners Inc. (“Binners”, “we”, or “us”) provides construction and construction-support services, which may include but are not limited to: bin rentals and disposal services, waste removal and site clean-ups, demolition and selective demolition, general labour and construction support, project-based or recurring services, and any related services offered through our websites, platform(s), contracts, invoices, quotes, or direct communication (collectively, the “Services”).
The web page at https://www.binners.com/, all linked pages under such domain, any related subdomains, internal platforms (including binners.tech), and any mobile applications or desktop applications made available to you by Binners, together form the “Site”.
The Services may be provided directly by Binners employees, by Binners subsidiaries or affiliates, and/or by third-party subcontractors or partners engaged by Binners. Unless expressly stated otherwise in writing, Binners is your contracting party for Services booked through Binners.
2. Acceptance of Terms
By accessing the Site, requesting a quote, placing an order, scheduling work, or allowing work to proceed, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a business or other entity, you represent that you have authority to bind that entity.
3. Changes to this Agreement
We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms.
4. Quotes, Orders, and Scope of Work
Pricing acceptance and welcome communication
When we book your first Service, we will send you a written welcome communication (including by email) outlining applicable pricing, service rates, fees, and policies (the “Welcome Notice”). You acknowledge and agree that pricing communicated in the Welcome Notice, published on the Site, or otherwise provided in writing by Binners forms part of these Terms.
Your acceptance of Services, scheduling of work, or allowing work to proceed constitutes acceptance of such pricing (no separate signature required). Pricing published on the Site is deemed accepted upon use of the Services.
Binners will notify you in writing of any material pricing changes. Updated pricing will apply prospectively to Services performed after such notice, unless otherwise agreed in writing.
Quotes
Quotes are based on the information you provide and assumptions reasonably made at the time. Quotes may be fixed-price or time-and-materials. Quotes exclude unforeseen conditions unless explicitly stated otherwise.
Scope changes / unforeseen conditions
You acknowledge that construction-related work often involves hidden or unforeseen conditions. If additional work is required due to hidden materials or structures, hazardous or prohibited materials, weather, access, safety or site conditions, or inaccurate/incomplete information provided by you, Binners may pause work and issue a revised quote or charge additional fees. Work may resume only once approved.
5. Customer Responsibilities
You are responsible for providing accurate site information and access, ensuring the work area is safe and legally accessible, identifying utilities/services/hazards (including asbestos, mould, lead, fuel, chemicals, pressurized systems, or other hazardous materials), obtaining permits/permissions/approvals unless otherwise agreed in writing, and ensuring bins are not filled with prohibited or hazardous materials.
Prohibited materials may include (but are not limited to): hazardous waste, chemicals, asbestos-containing materials, biomedical waste, fuels, pressurized containers, batteries, or any materials restricted by law or disposal facilities. If prohibited materials are discovered, Binners may stop work immediately and you agree to pay additional handling, disposal, delay, or remediation costs.
6. Bin Rentals and Site Use
For bin rentals, you agree that you are responsible for the bin from delivery until pickup. Weight limits apply; overweight bins will incur additional charges. Binners may refuse pickup if bins are unsafe, overloaded, or contain prohibited materials. You are responsible for surface protection unless otherwise agreed in writing. You are liable for damage to bins, surrounding property, or infrastructure caused by misuse, vandalism, or overfilling.
7. Scheduling, Delays, and Cancellations
Schedules are estimates and not guaranteed. Delays may occur due to weather, site readiness, access issues, safety concerns, disposal facility conditions, or other third-party factors. Late cancellations or site-not-ready situations may result in trip charges, standby charges, minimum fees, or rescheduling fees.
8. Pricing, Payment, and Collections
Invoices are due according to the payment terms stated on the invoice or otherwise agreed in writing. You are responsible for all applicable taxes, disposal/tipping fees, permits, surcharges, standby charges, and delay charges.
Late payments: Late payments accrue interest at 2.5% per month (30% annually), calculated monthly and compounded, to the maximum extent permitted by law.
Collections
- If an invoice remains unpaid, Binners may engage a third-party collections agency and a collection fee (typically 25%) will be added to the outstanding balance.
- If legal action is required, all legal fees, court costs, and enforcement costs incurred by Binners will be added to the amount owing.
- All accrued interest, collection fees, and legal fees are immediately due and payable.
9. Suspension, Refusal of Service, and Termination
Binners may refuse to commence, continue, or complete any Services if payment is overdue, a payment method fails, required deposits are not received, site conditions are unsafe or non-compliant, or you are otherwise in breach of these Terms. Suspension or termination does not relieve you of payment obligations for Services already performed, scheduled, or incurred.
10. Damage, Risk, and Property Conditions
Construction work carries inherent risk. To the fullest extent permitted by law: Binners is not responsible for pre-existing damage or hidden/latent conditions. Minor cosmetic damage may occur as a result of necessary work access. You agree to notify Binners of any concerns promptly and allow a reasonable opportunity to inspect and remedy issues.
11. Construction Lien Rights
To the fullest extent permitted by applicable law, Binners expressly reserves all construction lien rights, including rights under the Construction Act (Ontario) or any successor legislation. You acknowledge and agree that Binners may register and enforce a lien against the applicable lands/premises/interests for unpaid invoices, interest, fees, and associated costs. Nothing in these Terms constitutes a waiver of any statutory lien rights.
12. Limitation of Liability
To the maximum extent permitted by law: (i) Binners shall not be liable for indirect, incidental, special, punitive, or consequential damages; and (ii) Binners’ total liability shall not exceed the amount paid to Binners for the specific Services giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless Binners, its directors, officers, employees, subcontractors, and affiliates from any claims, damages, losses, or expenses arising out of your breach of these Terms, inaccurate information provided by you, hazardous or prohibited materials, or site conditions under your control.
14. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED BY BINNERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN WRITING, BINNERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE.
15. Third-Party Services
Your use of any third-party service provider in connection with the Services (including payment processors) is governed by such third party’s applicable terms and conditions. Any fees charged by a third-party service provider in connection with your use thereof shall be your sole responsibility.
16. Privacy Policy
Registration data and other information we collect from you are subject to our Privacy Policy, which is available here.
17. Electronic Communications
When you visit the Site, use the Services or send emails to Binners, you are communicating with us electronically. You consent to receive communications from Binners electronically. Binners may communicate with you by email, text, or by posting notices on the Site.
18. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of these Terms.
19. Feedback/Notices
All notices or other correspondence to Binners under this Agreement must be sent to the following electronic mail address for such purpose: yourfriends@binners.com.
Or to the following physical address:
60009 – 260 Queen St W, Toronto, ON, Canada, M5V 0C5