Terms and conditions

1.Our contract

By using Our Site, You are entering into a legally binding contract with Us on the  terms and conditions as set out on this page.

2.Our Promises

We will permit You to access, use and interact with Our Site subject to these terms and conditions.

We will:

• exercise reasonable care in compiling Our Site
• use Our reasonable efforts to make Our Site available to You at most times
• take the steps set out in Our privacy policy to endeavour to secure any personal data You give to Us.

3.Your obligations

You must not use Our Site to send or receive any material including :

• any threatening, defamatory, racist, offensive, abusive, indecent or obscene material, or any material that is in breach of any law, statutory requirement, regulation, or other legal authority
• any corrupt files, viruses, worms or other harmful or contaminating feature intended to disrupt, alter or otherwise adversely affect the operation of any equipment or services including but not limited to Our Site
• anything that is in contravention of any requirement or instruction issued to You by Us
• an advertisement of any kind, junk mail, a pyramid marketing scheme, spamming or flaming

Furthermore, You must not:

• attempt to gain unauthorised access to any part of Our Site or other computerised facility operated by Us
• attempt to impersonate any individual, legal entity or otherwise whilst using Our Site.

4.Exclusions and limitations

We do not represent or warrant that access to Our Site, or any part of it will be uninterrupted, reliable or fault free.

We do not represent or warrant to You that Our Site or any of its contents will be accurate, complete, up-to-date, or reliable.

To the fullest extent permitted by law, We exclude all liability (whether arising in contract, tort or otherwise and whether or not due to Our negligence) which We may otherwise owe to You as a result of:

• any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to Our Site or any information available on Our Site;
• the unavailability of Our Site (or any part of it), goods or services;
• any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
• any misrepresentation included on or relating to Our Site, the goods or the services (other than a fraudulent misrepresentation made by Us or on Our behalf).

You agree that We shall have no liability for any;

• indirect or consequential loss;
• loss of any data, income or profits; or
• damages for any loss of property, or damage to property.

You agree that all limitations imposed in this clause 4 are reasonable, having regard for the nature of Our Site.

None of the exclusions or limitations included in this clause 4 shall exclude or restrict Our liability in the event of any death or personal injury caused by Our negligence.

None of the  exclusions in this clause 4 shall affect any statutory rights which are not capable of being excluded by law. 

Each of the  exclusions or limitations in this clause 4 shall be construed as a separate and severable provision of these terms and conditions.

5.Links to other sites

Certain links, including hypertext links, contained within Our Site will take You outside of Our Site. Links are provided for Your convenience and the inclusion of any link does not imply any endorsement or approval by Us of the linked site, its operator, or its content. We are not responsible for the content of any website outside of Our Site.

6.No commercial use

You agree that you shall use Our Site only for Your own personal purposes and that You shall not exploit Our site or any of its contents for any commercial purpose.

7.General

Variations

We reserve the right at any time, without notice, to revise the content of Our Site and these terms and conditions (including the services offered by Us) . Any changes to these terms and conditions will be provided for  on Our Site and by continuing to use Our Site following any such changes, You  signify that You agree to be bound by the revised terms and conditions of use of Our Site.

The use of Your information

You agree that We may collect, store, and use information about You in accordance with Our privacy policy. You acknowledge and agree to be bound by the terms of Our privacy policy.

Copyright

All rights in the design, text, graphics and other material on Our Site and the selection or arrangement thereof are the copyright of Us or other third parties. Permission is granted to You to electronically copy and print in hard copy portions of Our Site solely for Your own personal purposes. Any other use of materials on Our Site (including reproduction for purposes other than those noted above and any alteration, modification, distribution, or republication) without Our prior written permission is strictly prohibited.

Trademarks

Any trademarks, product names and company names or logos used in Our site are Our property or that of their respective owners. No permission is given by Us to You in respect of the use of any such trademarks, get-up, product names, company names, logos, or titles and any such use shall  constitute an infringement of the holder’s rights.

Access

We reserve the right at Our sole discretion to deny You access to Our Site, or any part of Our Site, without notice and to decline to provide  services to any user that is in breach of these terms and conditions of use of Our Site.

Events beyond Our control

We shall not be liable to You for any breach of these terms and conditions, or any failure to provide or delay in providing Our services through Our Site, where any such failure results  from any event or circumstance beyond Our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

Applicable law and jurisdiction

These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes,  shall be subject to the exclusive jurisdiction of the English courts.

Unenforceability

If any provision of these terms and conditions shall become or shall be declared by any English court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity shall not impair or affect any other provision all of which shall remain in full force and effect.

Indemnity

You agree that You shall indemnify Us and keep Us fully indemnified against any and all loss, damage or liability (whether criminal or civil) suffered and any legal costs incurred by Us resulting from any use of Our Site or from any breach of these terms and conditions by You.

8. Definitions

In these terms and conditions:

'Our Site' means our presence on the Internet;

'Our', 'We' and 'Us' means Redcar & Cleveland Borough Council and, where applicable, its officers, employees and authorised agents; and

'You' and 'Your' include any business with which you are associated with and on behalf of which you use Our Site ('Your business').

1.Service Description

• The garden waste collection service runs from April to November and residents requiring this service are required to apply for an annual, chargeable subscription.  
• Garden waste materials will be collected in a 240-litre wheeled bin, with a fir green lid.
• The Council will carry out up to a maximum of 18 garden waste collections per household during this period.
• The number of collections received will be dependent on the date that the resident signs up for the service.  To receive the maximum number of collections residents are required to sign up for the service by 1st March each year. 
• There will be a break in service during winter months (December – March).
• Collections will be undertaken once every two weeks on a day specified by the Council.  Collection dates will be confirmed to residents following receipt of their subscription.

2.Service Eligibility

The garden waste collection service will be available to all properties where it is operationally practicable to do so within current resources and where the following criteria can be met;

Eligibility criteria;

• Each collection area/ property must be easily accessible by a 26-tonne refuse collection vehicle.  This includes being able to empty bins and manoeuvre the collection vehicle (turn around) easily and safely. 
• The garden waste bin must be able to be stored within the boundaries of the property. 

It should be noted that the above eligibility criteria apply to all properties including those properties that require an assisted collection.

3.Application Process / Payment

• Residents will be required to subscribe for the garden waste collection service on an annual basis.
• Subscriptions can be applied for online via the Redcar & Cleveland Borough Council website or via Customer Services if a resident does not have access to apply online.
• All payments must be received in full prior to commencement of service, no part payment arrangements are available.
• The payment for the collection service is per year and the cost will be £40.00 per bin for the April 2024 – November 2024 season. The Council reserves the right to vary the fee and appropriate notice will be given prior to an alteration. An annual inflationary/ cost of service delivery review take place and applied as necessary each year.  Should residents require a secondary subscription, this will receive a 50% reduction and cost the resident £20 per year.  The Council will offer up to a maximum of five subscriptions per household.  The subscription cost does not include the purchase of a bin.
• All subscriptions details will be kept on a customer database for a period of one year only. The Council shall ensure that all Data Protection laws are followed in relation to your information.
• Residents can subscribe throughout the year, however residents joining the scheme part way through will still be charged the full annual fee.
• Payment can be made online through the Council’s website or via telephone if a resident does not have access to an online method.
• Upon receipt of payment the Council will issue a green waste subscription permit along with an annual membership number.
• Residents requiring replacement or additional bins will be subject to a charge, find out more here.
• The Council has a duty to keep records up to date therefore we require customers to notify us of any changes in their personal details by contacting customer services.
• Residents may share a garden waste collection annual subscription bin with their neighbours; however, the Council accepts no responsibility for personal agreements.
• The Council reserves the right to refuse an application for the green waste collection service based on the criteria for the scheme described in clause 2.
• A fixed charge applies to all households regardless of personal circumstances, there will be no concessions. 

4.Refunds

• Except where cancelled in accordance with Clause 12, no refunds will be provided for cancellation of the service.
• If there is any misuse of the service or the garden waste bins for that household the service may be cancelled by the council, there will be no refund in these circumstances. 
• If a collection has been missed by the Council, this must be reported, and a repeat collection will be provided where possible within 7 working days.  There will be no refunds of all or part fees for missed collections. 
• No refunds will be provided for garden bins which are lost, damaged or stolen.

5.Garden Waste Collections

• Garden waste must be presented for collection in the 240 litre Council issue wheeled bins with fir green lid.
• The bin(s) is provided for use by the householder(s) but remains the property of the Council. 
• If requested, householders can be provided with additional garden waste bins, but they will need to pay an additional subscription cost plus there will be a one-off charge for the supply of the additional bin.
• A maximum of five bins can be supplied to each property.
• In new build properties, or where garden waste collection services have not been previously provided, householders will be required to purchase a bin via the Council to subscribe to the service. 
• Requests for garden waste bins will be logged with Customer Services and issued by the Council at the earliest opportunity.
• The garden waste bins will be supplied clean and in a usable condition.  The registered person is responsible for the general condition and cleaning of the garden waste bin whilst in their possession.
• The council reserves the right to remove all garden waste bins that are not used for the service or if there is evidence of misuse.
• Householders will be provided with instructions on how to correctly display their permits in communications provided by the Council and these must be adhered to, to ensure collection of the bin.
• If permits are lost/stolen/or damaged, please contact gardenwaste@redcar-cleveland.gov.uk.
• Broken bins, including those damaged by crews, will be repaired or replaced free of charge and should be reported to the Customer Services team. 
• Garden waste should only be placed in the specified bin, disposing of garden waste in any other container may prevent it from being collected. 
• Residents who do not wish to subscribe to the service may retain the fir green lidded bins at their property or may request for them to be collected.  If you wish to have your bin collected, please contact our Customer Services Team. Please note requests to remove bins from properties will not be accepted until June 2024.
• Residents who have asked for their bin to be collected but who later decide that they want to subscribe to the service will be charged the full price of a replacement bin.

6.Collection Days

• Garden waste will be collected once every two weeks on a specified day. The Council reserves the right to alter the collection day but will provide notice to subscribers of any changes by email, social media, or letter.
• Residents can access details of their collection online at www.redcar-cleveland.gov.uk or by calling Customer Services.
• Exemptions to these clauses apply during inclement weather, in cases of operational difficulty or any event of ‘Force Majeure’. 

7.Presenting Garden Waste Bins

• Garden waste bins must be presented at the curtilage on the boundary of the property identified by the postal address by 7am on the day of collection at the same point as the refuse and recycling collection bins. 
• All garden waste bins must be clearly visible from the road, without any obstruction, and away from hedges and walls.
• Bins should be presented with the permit handle facing the road so that the crews can easily identify those within the scheme. 
• It is the residents’ responsibility to ensure that the garden waste bins are brought back onto their property on the same day.
• An assisted collection service is available upon request for eligible households. Properties that have an agreed assisted collection that has been arranged by the Council, must place the garden waste bin at the agreed collection point by 7am on the specified day of collection. 

8.Missed Garden Waste Bins

• Garden waste bins are to be presented for collection by 7am on the designated collection day.
• Bins which are not presented by 7am at the agreed location, will be considered as ‘householder failed to present’. The Council may not return in these situations. Responsibility for disposal of the garden waste will then become the responsibility of the householder.
• Where householders do not present their garden waste bins for collection in accordance with the Councils requirements, the householder will have the following options:
  • Take the garden waste to the Household Waste Recycling centre.
  • Store the garden waste until the next collection day. 
• Bin collection times may vary, and customers are advised that collections may continue up until 6pm on the day of collection.
• If crews are delayed or unable to empty bins then all residents will be informed via email, social media and customer service updates.
• In the event of sustained adverse weather such as severe snow and ice, the service may be suspended.  Attempts will be made to return and empty the bin where practicable, however, collections cannot be guaranteed. There will be no refunds in any circumstance where collections do not take place.

9.Moving House

• Each subscription is linked to a particular property or household, if you move house the garden waste bin must be left at the property.  Unless the subscription is transferred (see below) the collection will continue at this property until the subscription is complete. 
• If a resident moves house and wishes to transfer the subscription to a new address and suspend the service at their original residence.  The residents must remove the permit from their original property before the transferred subscription can commence.
• Subscription arrangements are the responsibility of the homeowner and Redcar & Cleveland Borough Council will not enter into any disagreements over subscription transfer. 

10.Sharing a Subscribed Service Bin with a Neighbour

• The subscription will need one name and address supplied when making the payment.  The bin must be placed outside the property which is subscribed to the collection service.

11.What can be put in your garden waste bin? - Acceptable material, contamination and overweight garden waste bins

• Only loose compostable garden waste may be placed in the garden waste bin.  Compostable garden waste includes grass cuttings, flowers, small tree branches, loose leaves, shrub, and hedge trimmings. We do not accept large branches (greater than 7cm diameter), turf, earth, soil stones gravel etc.
• The garden waste must not be placed in plastic bags or any other sort of packaging as this affects the composting process and contaminates the resultant compost, making it not fit to use. 
• Contaminated garden waste bins (for example bins containing incorrect materials) will not be emptied. If your bin is contaminated it is your responsibility to remove the items of contamination prior to the next collection.  If the contamination continues the council may remove the bins without refund.
• Garden waste bins that are overflowing or overweight will not be emptied.  A sticker/tag will be placed on the bin by the crew to identify it as being overweight when they are either not able to move the garden waste bins, or the vehicle is not able to lift the bin to empty it.  If the bin is too full or overweight, it is the householder’s responsibility to remove the item (s) prior to the next collection.  If the householder fails to do so we may remove the bin without refund.
• The bin lid must be closed when presented for collection.
• No side waste will be collected, no extra garden waste next to the bin or balanced on the lid.

12.Your Right to Cancel

You have 14 working days from the date of payment to cancel the service if you have not already received a collection.

Request to cancel the service can be made using the following, methods:

• Phone 01642 774774
• Online via www.redcar-cleveland.gov.uk 

Your details will be retained for marketing purpose for the Councils waste related services for one year should you subscribe to the service and subsequently cancel. It is your responsibility to cancel the service if your circumstances change.