Terms & Conditions
TERMS AND CONDITIONS OF SERVICE
This Waste Services Agreement is between you (the Customer) and Panda.
The definitions and rules of interpretation in this clause apply in this Agreement.
1.1 “Bins” shall mean the green/brown/black of other wheelie bin supplied by Panda to the Customer.
1.2 "Customer" shall mean the person or entity to whom the Service is provided, and shall include any person acting on behalf of and with the authority of such person or entity.
1.3 “Data Protection”, the Data Protection Acts, 1988 to 2003 and General Data Protection
Regulation (GDPR) (Regulation (EU) 2016/679 as amended from time to time or any other applicable data protection laws.
1.4 "Panda" shall mean Starrus Eco Holdings Limited registered number 52755 having its registered office at Panda Waste Managements Solutions, Ballymount Road Upper, Dublin 24, the provider of the Services.
1.5 "Price" shall mean all payments due to Panda by the Customer for the provision of Services.
1.6 "Services" shall mean all services provided by Panda to the Customer.
2.1 Any instructions received by Panda from the Customer for the supply of Services and the acceptance of delivery of the Services by the Customer shall constitute an agreement by the Customer to be bound by and accept these terms and conditions. No variation to these terms and conditions shall form part of any agreement unless specifically accepted by Panda in writing.
3.1 Panda will provide the Customer with reasonable notice in advance of any change to the
Price in the event of government levies, VAT increases, increase of fuel costs or other unexpected increase in Panda’s costs. The Customer has the right to terminate this agreement in such circumstances in accordance with Clause 8.
3.2 The Customer is provided with a welcome pack on entering this Agreement with Panda. The welcome pack sets out the waste accepted by Panda in the Bins and includes a calendar of collections. Where the Customer includes waste for disposal which is found to be hazardous and not suitable for the Bins, Panda will include an additional charge on the invoice of the Customer.
3.3 Time for payment for the Services will be stated on the invoice or any other forms. If no time is stated then payment shall be due 30 days following the date of the invoice.
3.4 Payment shall be made by cash, bank cheque, credit card, direct debit, or by any other mode agreed between the Customer and Panda.
4. Provision of Services
4.1 The Customer shall not without permission from Panda transfer this agreement to a third party and all delivery of Services to any third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
4.2 If Panda do not carry out their Services on the day specified in the collection calendar due to circumstances which are outside the control of Panda (e.g. weather conditions) Panda reserves the right to reschedule the collection to the next reasonable opportunity and the Customer shall have no claim against Panda in this regard. The Customer has the right to terminate this Agreement in such circumstances as set out in Clause 8.
5. Ownership of Bins
5.1 The Customer accepts and agrees that the Bins are and shall remain the property of Panda.
5.2 In the event that the Bins are lost, stolen or destroyed, the Customer shall notify Panda of same. The Customer shall be liable for the charges incurred by Panda in replacing or repairing same.
6.1 The Customer shall hire the Bins for a minimum period as agreed between Panda and the Customer until it is terminated by either party in accordance with Clause 8.
6.2 The Customer shall satisfy itself at commencement of the Agreement that the Bins are suitable for its purpose and operate the Bins for its intended use only.
6.3 The Customer shall not alter, make additions to, deface or erase any identifying mark or number on or in the Bins or interfere with the Bins in any other manner.
7. Default of Agreement
7.1 Interest on overdue accounts shall accrue from the date when payment becomes due daily until the date of payment at a rate of 1% per calendar month.
7.2 In the event of non-payment of any invoice due, Panda reserve the right to suspend Services to the Customer and the Customer shall be responsible for any legal costs incurred by Panda in recovering the outstanding amount.
7.3 Without prejudice Panda shall treat dishonoured cheques, direct debits, or any other form of payment, as non- payment.
8.1 Either party may terminate this agreement at any time by giving 30 days written notice. On giving such notice Panda shall repay to the Customer any sums paid in respect of the Price after the costs as set out in Clause 8.2 are deducted.
8.2 In the event that the this Agreement is terminated, the Customer is responsible:
for payment of €30.00 (which payment shall cover collection, cleaning and re-branding of Bins)
for safeguarding the Bins until collection
any waste in the Bins at the time of collection. All such waste will be subject to a charge at
Panda’s normal rates.
9.1 If any clause of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the clauses shall not be prejudiced.
9.2 Panda reserves the right to review these terms and conditions at any time. If there is any change to these terms and conditions, Panda shall notify the Customer in advance of any changes. The Customer has the right to terminate this Agreement in accordance with Clause 8.
9.3 No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following circumstances: industrial disputes, strike, act of God, fire, flood, explosion, power surge war or terrorism.
10. Data Protection
10.1The Customer authorises Panda to collect, retain and use any personal data about the Customer for the following purposes;
to provide the Service or otherwise carry out payment requests to your bank which you have authorised when requesting the Service;
to contact you in connection with your account;
to respond to any queries or information requests you submit to us;
to respond to any complaints or other communications you submit to us;
for the purpose of assessing the Customer’s creditworthiness;
marketing products and Services to the Customer;
-to disclose information about the Customer, whether collected by Panda from the Customer directly or obtained by Panda from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing a default by the Customer.
10.2 The Customer shall, pursuant with Data Protection Legislation, have the right to request from Panda a copy of their personal data retained by Panda, a right to update or amend or delete the personal information we hold about you. A request to access or obtain details or copies of such personal data may (where applicable and in accordance with Data Protection Legislation), be subject to a prescribed fee. Please contact the Data Protection Officer of the Company at Company at Panda Waste Managements Solutions, Ballymount Road Upper, Dublin 24. In order to protect your privacy, Customer may also be asked to provide suitable proof of identification.
10.3 The Company may disclose your data to other members of the Panda group and agents who act on behalf of the Company in connection with the activities referred to at clause 10.1. Such agents are only permitted to use your data as instructed by the Company. They are also required to keep your data safe and secure.
10.4 The Company may keep your data for a reasonable period after you cease to be supplied with our Services but will not keep it for any longer than is necessary and/or as required by law.
10.5 If you sign-up for any of Company online services and we communicate with you by email, you are responsible for the security and integrity of your own email account. You accept that electronic mail passing over the Internet may not be free from interference by third parties. Consequently, while we will take all reasonable security measures, the Company cannot guarantee the privacy or confidentiality of information relating to you when passing over the Internet.
11. Governing Law and Jurisdiction
11.1 These terms and conditions and any agreement to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.