Service Terms for Residential Customers

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 If you are a residential customer receiving waste service from a 1st Choice Waste Services’ entity without a signed customer service agreement, your services are provided pursuant to the terms on your invoice and the terms disclosed on this page (you are an “Invoice-to-Invoice Customer”). “1st Choice Waste Services” is used herein to describe the operating entity that provides service to you under the 1st Choice Waste brand.

All waste services are managed, performed, and billed for by individual operating subsidiaries of 1st Choice Waste Services, Inc. 1st Choice Waste Services, Inc. itself, does not provide any waste services, nor does it contract for such services. The operating entity providing your waste service is identified on your invoice. Accordingly, all obligations to you, including providing quality service and billing you for service, rest with the operating entity identified on your invoice. Any claims you may have relating to your service may be brought only against that operating entity.

 The terms of service for Invoice-to-Invoice Customers is the equivalent to your billing period. For example, if you are billed quarterly for your service, your term of service is quarterly; if you are billed monthly, your term of service is monthly. Each invoice represents an offer to you to continue receiving waste services for a further term at the rates specified in that invoice. By paying the invoice, you agree to the terms set forth on the invoice. Your payment is due to the operating entity identified on your invoice within 10 days of receipt of your invoice.

If you request a service modification during any Term, those charges will be reflected on your next invoice for the following Term. The operating entity providing your service reserves the right to change or increase your rates, charges and fees at its discretion with advanced notice to you, which notice will be in the form of a change on your invoice or these service terms. By paying an invoice or continuing services after a rate, charge, term or condition, or fee change, you agree to such change. 

  The types and amounts of charges and fees applicable to your service as of your service start date were disclosed to you at the time of your order. For more information regarding those charges, fees and rate increases, please see below:

• Environmental      Recovery Fee

The Environmental Recovery Fee (“ERF”) is an enterprise-wide recurring fee that is a set percentage of all invoice charges, except taxes. It is not a tax, surcharge or fee mandated by or remitted to any governmental or regulatory agency. The ERF is intended to help our businesses recover both direct and indirect costs associated with the operation of collection, transfer, landfill, recycling and landfill gas-to-energy services and facilities nationwide in an environmentally sustainable manner, and it includes an amount designed to achieve an acceptable operating margin. The current ERF is 18%.  1st Choice Waste Services regularly monitors these costs and may change the ERF at 1st Choice Waste Services’ discretion. Your ERF will be combined with your FRF on your invoice.

• Fuel      Recovery Fee

The Fuel Recovery Fee (“FRF”) is an enterprise-wide recurring fee that is a fluctuating percentage of all invoice charges, except the ERF and taxes.  It is not a tax, surcharge or fee mandated by or remitted to any governmental or regulatory agency. The FRF is intended to help our businesses recover both direct and indirect fuel, petrochemical, electric, and compressed natural gas costs associated with the operation of collection, transfer, landfill and recycling services and facilities nationwide, and it includes an amount designed to achieve an acceptable operating margin. Each monthly FRF rate is determined by cross-referencing  1st Choice Waste Services’ FRF Table  with the peak weekly diesel price per gallon, published in the 30-day period ending on the 15th of the month, as reported by the U.S. Department of Energy Information Administration " On-Highway Diesel Fuel Prices " index. 1st Choice Waste Services monitors those costs regularly and reserves the right to change its method of determining the FRF at its discretion. Your FRF will be combined with your ERF on your invoice.

• Administrative      Fee

The Administrative Fee (“ADMIN”) is an enterprise-wide recurring fee. It is not a tax, surcharge or fee mandated by or remitted to any governmental or regulatory agency. The ADMIN is intended to help our businesses recover costs associated with the administrative processes related to account maintenance, invoicing and payment processing for all customers, and it includes an amount designed to achieve an acceptable operating margin. The ADMIN is currently $5.95 per invoice but is subject to change at any time at 1st Choice Waste Services’ discretion.

• Rate      Increases

Throughout the course of providing your service, 1st Choice Waste Services may increase your rates for service. Rate increases are necessitated over time to keep up with increasing costs of operations and to ensure 1st Choice Waste Services is maintaining an acceptable operating margin and/or an acceptable rate of return on its investment in the services provided, which will be in the form of a change on your invoice. The operating entity providing your service reserves the right to determine in its sole discretion the amount of all rates and rate increases. Your invoice will provide notice of the rates for service during the Term covered by such invoice. If you do not accept such rates, you may cancel your service.

• Container      Delivery and Removal Fees

The operating entity providing your service will provide containers (in some cases for a rental charge) for your convenience with respect to the collection and on-site storage of your solid waste and recyclable materials. Container delivery and removal fees are intended to offset 1st Choice Waste Services’ operational costs of sending a truck to deliver your container(s) at the start of your service and removing your container(s) when your service terminates, as well as costs related to cleaning, repairs and refurbishment of the containers following your use. Container delivery and removal fees are set by each operating entity and are subject to change at any time at that operating entity’s discretion. Container delivery and removal fees are charged at the operating entity’s prevailing rate at the time of delivery or removal for Invoice-to-Invoice Customers; however, neither your container delivery fee nor your container removal fee will exceed $75 per container.

• Service      Interruption Charge

If you fail to pay your invoice on or before its due date, the operating entity providing your service reserves the right to suspend your service until you pay all outstanding invoices. It also reserves the right to charge you a service interruption fee. Service interruption fees are intended to mitigate some of 1st Choice Waste Services’ loss of return on the container assets in the customers’ possession and for the interruption in its business and costs associated with stopping and restarting service. Service interruption fees are charged at the operating entity’s prevailing rate at the time-of-service interruption for Invoice-to-Invoice Customers; however, your service interruption fee will not exceed $50.

• Late      Payment Fee

If you fail to pay your invoice on or before its due date, the operating entity providing your service reserves the right to charge you a late payment fee. Late payment fees are intended to help 1st Choice Waste Services recover its costs incurred in managing customers’ unpaid accounts. Late payment fees are set by each operating entity and are subject to change at any time at that operating entity’s discretion; however, your late payment fee will not exceed the greater of $5 or up to 10% of the applicable charges, subject to applicable law. 

• Taxes

Some services provided by 1st Choice Waste Services (including rental equipment) may be subject to state, local and/or franchise taxes or fees. If applicable, such state, local and/or franchise taxes or fees will be separately itemized on your invoice, collected by the operating entity providing your service and submitted to the appropriate taxing authority and/or franchise authority.

 You have a right to rescind your initial order for service within 3 days of your order without incurring any charges by calling the telephone number on the front of your invoice (or customer support at (281) 547-4909); any prepaid charges will be refunded to you less any amounts for services rendered. You may also cancel your services at any other time by calling the telephone number on the front of your invoice (or customer support at (281) 547-4909). Please note that advanced notice is required to cancel services, so your cancellation will be effective as of the last day of the month in which you cancel. For example, if you cancel service on March 15, your operating entity will process your cancellation to be effective on March 30, which is also when they will remove your waste container(s).

READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS WE HAVE AGAINST EACH OTHER ARE RESOLVED. Except for claims relating to non-payment, any and all other disputes or claims between you and 1st Choice Waste Services, Inc. or the operating entity providing your service, whether such claim or dispute arises in contract, tort, fraud, under statutory or common law, or otherwise (“Claim”), will be submitted to mandatory, binding arbitration before the American Arbitration Association (“AAA”) in the state of your residence before one arbitrator. The AAA will conduct any arbitration pursuant to this agreement under the Consumer Arbitration Rules in effect at the time the arbitration is commenced. For explanation of those rules, please consult the AAA website at www.ADR.org. The decision of any such arbitrator shall be binding and conclusive, and the arbitrator may not consolidate more than one person’s Claims and may not preside over any form of a representative or class proceeding. Instead of arbitration, you may sue our operating entity that provides your service in small claims court if you meet the court’s requirements. For any Claim subject to arbitration, small claims court, or otherwise, pursuant to these terms and conditions, no party will have the right to participate in a class action in court or in arbitration or join or consolidate a Claim with claims of any other person.