PORTABLE TOILET RESERVATIONS SERVICE TERMS
This Service Terms and Agreement for Portable Toilet Reservations (the “Agreement”) is between Rent Porta Johns LLC (“Rent Porta Johns”) and you (“Client” or “you”). This Agreement governs your solidification of Portable Toilet services (the “Portable Toilet services”) provided by an independent third-party Portable Toilet company (the “Portable Toilet Company”) arranged by Rent Porta Johns. BY CLICKING “I AGREE”, MAKING A RESERVATION, UTILIZING THE PORTABLE TOILET SERVICES, YOU
REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOURSELF AND YOUR ORGANIZATION, AND ARE DOING SO, (B) YOU AND YOUR ORGANIZATION CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND THE ORGANIZATION SHALL BE BOUND BY THE TERMS OF THIS AGREEMENT
RESERVATIONS AND DEPOSIT
Reservations for Portable Toilet Rental Services may be made electronically through Rent Porta Johns’s website – rentportajohns.com (the “Website”) or by phone. Until the reservation is confirmed by Rent Porta Johns in writing by email, the reservation is subject to change by Rent Porta Johns. Rent Porta Johns is not responsible for any reservation confirmation that is lost or otherwise not received. Rent
Porta Johns may require an upfront deposit at the time of your reservation, subject to the cancellation and refund policy set out below. YOU HEREBY AUTHORIZE RENT PORTA JOHNS TO CHARGE THE ACCOUNT PROVIDED BY YOU AT THE TIME OF RESERVATION, AND, IF NECESSARY, INITIATE ADJUSTMENTS FOR ANY TRANSACTIONS CREDITED OR DEBITED IN ERROR OR ADDITIONAL
CHARGES. This authority remains in effect until Rent Porta Johns is notified in writing.
SCOPE OF WORK
Images of Portable Toilets presented on the Website may differ from the actual Service Portable Toilets as we do not own Portable Toilets. All advertised rates are subject to change without notice and may be increased at any time by Rent Porta Johns in its sole discretion.
The customer will be responsible for all trip charges, damage to the Portable Toilet, and damage to the property as a result of misusing the specified Portable Toilet.
Client may not move the Portable Toilet Company’s Portable Toilet in any way. This includes, but not limited to, moving the Portable Toilet on or off the property, loading the Portable Toilet onto a vehicle and transporting the Portable Toilet or damaging the Portable Toilet in any way. While the Portable Toilet is at Client’s location and until it is picked up by Portable Toilet Company, Client shall bear the risk of loss and damage to the Portable Toilet. This includes any loss or damage related to vandalism, theft, natural events, use, misuse or movement of the Portable Toilet. Subject only to normal wear and tear, the Portable Toilet must be returned in the same condition it was delivered to Client. Client shall pay the cost to repair or the cost of replacement in the event of loss.
DELIVERY AND PICKUP SCHEDULE
Rent Porta Johns guarantees delivery and pickup of the Portable Toilet within 3 business days from the scheduled time. The delivery and pickup of a Portable Toilet may be delayed, due to unforeseen circumstances, such as but not limited to, landfill lines, road closures, weather, DOT regulations governing driver hours, flat tires, or any other circumstance outside of normal business conditions.
CANCELLATIONS AND REFUND POLICY
- If you cancel Portable Toilet services more than 2 business days before the scheduled delivery time, you will be refunded 50% of the total fee owed for the Portable Toilet services, less a 6% credit card processing fee.
- If you cancel 2 business days or less before the scheduled delivery time, you will receive no refund.
If you want to cancel your reservation, send a written notice to: sales@rentportajohns.com.
FAILURE TO PAY OUTSTANDING BALANCE AND DISPUTED CHARGES
If any amounts due hereunder are not paid within 2 business days of the due date, and Portable Toilet is onsite, Rent Porta Johns, at its sole option, may have the Portable Toilet on site picked up.
Notwithstanding the foregoing, failure to pay Rent Porta Johns any outstanding balance within 14 days OR disputing a valid charge per our terms and conditions will lead to Materials Man Lien on the servicing address per Client invoice (Mechanics Lien) pursuant to applicable state law. The Client shall be liable for all costs and expenses incurred by Rent Porta Johns in connection with the collection of any past due or outstanding balances. Such costs shall include, but are not limited to, reasonable attorneys’ fees, costs associated with the filing or enforcement of a Mechanics Lien, issuance of any Notice to Contractor or Notice to Owner, arbitration expenses, fees assessed by any financial institution related to the dispute, charges for returned or dishonored checks, and any other costs reasonably incurred in the enforcement of this Agreement.
In the event any amounts payable by the Client under this Agreement remain unpaid following their respective due dates, such unpaid amounts shall accrue interest at a rate of ten percent (10%) per month, or the maximum rate permitted by applicable law, whichever is lower. Interest shall be calculated and compounded monthly from the date such payment was due until the date of full payment. In the event of the Client’s insolvency, dissolution, or the commencement of any bankruptcy or similar proceeding, any unpaid balances shall be deemed personally guaranteed by the majority shareholder of the Client entity, who shall be jointly and severally liable for the full amount of such outstanding obligations.
YOU AGREE NOT TO DISPUTE ANY FEES OR CHARGES IN CONNECTION WITH THE PORTABLE TOILET RENTAL SERVICES THAT WERE OTHERWISE MADE CONSISTENT WITH THE TERMS OF THIS AGREEMENT, INCLUDING CANCELLATION FEES, TRIP CHARGES, EXCESSIVE WAIT TIMES, EXTRA DAY CHARGES, TOWING FEES, CONTAMINATION FEES, OR DAMAGE TO THE PORTABLE TOILET.
If you dispute any such fees or charges, then Rent Porta Johns shall have the right to charge you, and you shall pay, any related fees charged by any financial institution involved with the dispute, 10% interest on the amount owed accruing monthly, attorneys’ fees to implement a Mechanics Lien, any attorneys’ fees and expenses and court or arbitration costs associated with enforcing and collecting payment, and any
such fees, charges, or damages suffered by Rent Porta Johns related to or arising from the Improperly Disputed Amounts.
ADDITIONAL DAYS AND ADDITIONAL CHARGES
CLIENT SHALL BE FULLY RESPONSIBLE FOR ANY FEES CHARGED BY THE PORTABLE TOILET RENTAL COMPANY. FEES SUCH AS TOWING FEE, DAMAGE TO THE PORTABLE TOILET, TRIP CHARGES, WILL BE CHARGED AT A RATE DETERMINED BY RENT PORTA JOHNS IN ITS SOLE DISCRETION. Rent Porta
Johns cannot guarantee the availability of additional days. Time and charges begin when the Service Portable Toilet is on the way to the drop-off location.
DISCLAIMER AND INSURANCE
- Client acknowledges and agrees that Rent Porta Johns and its affiliates do
not own any Portable Toilets or vehicles to service Portable Toilets, neither
commercial or residential, and will not directly provide the Portable Toilet
Rental Services. No employee of Rent Porta Johns or its affiliates drive any
vehicle to deliver, pickup, or service in any way a Portable Toilet.
- CLIENT ACKNOWLEDGES AND AGREES THAT RENT PORTA JOHNS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PORTABLE TOILET RENTAL SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RENT PORTA JOHNS SHALL NOT BE RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF THE INDEPENDENT THIRD-PARTY PORTABLE TOILET COMPANY, NOR SHALL RENT PORTA JOHNS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, THAT RESULT FROM THE PORTABLE TOILET SERVICES PROVIDED BY SUCH THIRD-PARTY COMPANY, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE MISUSE OF THE PORTABLE TOILET. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLIENT HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS AGAINST RENT PORTA JOHNS RELATED TO THE PORTABLE TOILET RENTAL SERVICES EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
WAIVER OF LIABILITY
Rent Porta Johns provides the Portable Toilet Rental Services through independent third party Portable Toilet carriers (the “Carriers”) that are directly responsible for providing the Portable Toilet Rental Services to you. Client hereby waives, releases, and forever discharges Rent Porta Johns and its officers, directors, agents, contractors, subcontractors, licensees, employees, and any third-party Portable Toilet company arranged by Rent Porta Johns (collectively, the “Released Parties”) from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by Client or to any property belonging to Client, while participating in or using the Portable Toilet services, regardless of whether such losses are caused by the negligence of the Released Parties, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. Rent Porta Johns will not be responsible for damage to the home, driveway, sidewalk, grass or surrounding areas. This includes but is not limited to driveway cracks, driveway sinking, oil leakage, fuel leakage, or any other fluids that come from either the Portable Toilet or vehicle carrying the Portable Toilet. If truck or Portable Toilet is stuck and needs to be towed, customer will be responsible for all associated fees. ANY DAMAGE MUST BE COMMUNICATED WITHIN 5 DAYS OF THE PORTABLE TOILET REMOVAL FOR RENT PORTA JOHNS.
LICENSE
(a) In situations where You engage Rent Porta Johns to provide Portable Toilet Rental Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to Rent Porta Johns a perpetual, fully paid, non-exclusive, and royalty-free license to utilize Your trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Marks”) within the scope of license (the “Scope”) defined in Section 7(c) below. (b) In situations where You engage Rent Porta Johns to provide Portable Toilet Rental Services to an Event that is owned, hosted or sponsored by a third party, You covenant, warrant and agree to obtain from such third party a perpetual, fully paid, non-exclusive, and royalty-free license to utilize such third party’s trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event
(collectively, the “Third Party Marks”) within the scope of license (the “Scope”) defined below. (c) For the purposes of this Agreement, the “Scope” shall mean Rent Porta Johns’s use of the Marks or Third Party Marks, as the case may be, to advertise and promote Rent Porta Johns’s Portable Toilet Rental Services by publicizing the fact that Rent Porta Johns has provided such Portable Toilet Rental Services to or on behalf of such Event.
INDEMNIFICATION
You shall indemnify, defend and hold harmless Rent Porta Johns, and each of its officers, directors, agents, contractors, subcontractors, licensees and employees (collectively referred to as the “Rent Porta Johns Indemnitees”), and each of them, against and from any and all third party allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’
fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, (“Rent Porta Johns Claims”), arising out of or in any way connected with (a) any actual or alleged violation or breach by you (including any of your employees), Contractors of any of the terms and conditions of this Agreement, (b) violation of any law, rule or regulation, (c) use of the Website by you (including any of your employees or contractors) on behalf of yourself or any third party, (d) any failure to
procure the license rights contemplated under Section 7(b) above, and (e) the acts or omissions of you (including any of your employees and contractors). If any Rent Porta Johns Claim is made or any action or proceeding is brought against Rent Porta Johns Indemnitees, or any of them, any such Rent Porta Johns Indemnitee may, by notice to you, require you, at your expense, to resist such Rent Porta Johns Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior approval of such Rent Porta Johns Indemnitee. Your reimbursement, indemnity and contribution obligations under this Section 7 shall be in addition to any liability that you may otherwise have and shall extend upon the same terms and conditions & data protection terms to Rent Porta Johns Indemnitees.
You and Rent Porta Johns agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Portable Toilet Rental Services (a “Claim”) will be resolved in accordance with this Section 8 or as Rent Porta Johns and you otherwise agree in writing.
GOVERNING LAW AND DISPUTE RESOLUTION
(a) This Agreement shall be governed in all respects by the laws of the State of Georgia, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE PORTABLE TOILET RENTAL SERVICES. (b) Arbitration and Class Action Waiver. (i) Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND Rent Porta Johns (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THIS AGREEMENT OR THE PORTABLE TOILET RENTAL SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN COBB COUNTY, GEORGIA. YOU AND Rent Porta Johns HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor Rent Porta Johns will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
Non-Disparagement
You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company.
Miscellaneous
All written communication can also be sent by certified mail to:
Rent Porta Johns
1849 The Exchange SE
Suite 100
Atlanta, GA 30339