This Service contract is made between the individual customer (“the Customer”) who has applied to receive, and who has paid the subscription fee for, Oxford City Council’s annual Garden Waste Subscription service (“the Service”) and Oxford City Council (“OCC”). It sets out the terms and conditions under which the Customer may use the Service. In providing the Service OCC works in association with its wholly-owned subsidiary Oxford Direct Services (“ODS”). The Service can only be provided in regard to properties located within the Oxford city boundaries.
- The Service is available to the Customer for a period of 12 months starting on the delivery date of OCC’s garden waste brown bin (“the Container”) to the Customer. Subject to the following terms and conditions, the Service will normally be provided to the Customer on a fortnightly basis.
- The annual subscription fee for the Service shall be as specified by OCC, and may be subject to variation. Unless otherwise expressly agreed with OCC, the Customer must pay for the Service by way of annual direct debit instruction to their bank, specifying Oxford City Council as payee.
- The Customer may use the Service for the collection of garden waste only, as further specified online at: www.oxford.gov.uk/gardenwaste. All garden waste presented for collection must be contained within the Container or an eco-sack provided by OCC/ODS (“a Sack”). The prices payable by Customers for Containers and Sacks are set out on our Garden Waste webpages, as are any operative concessions offered by OCC. All prices and concessions are subject to variation.
- If any waste is presented for collection in the Container or Sack other than garden waste (as specified in Clause 3) OCC/ODS reserves the right not collect the Container or Sack.
- Garden waste must be presented at the kerbside in the Container or Sack by 7am on the day of collection from an accessible and clearly visible location – where the pavement meets the public highway (or where your property meets a private road which OCC/ODS has agreed to service in regard to existing collections). The Container or Sack must be accessible to the collection crews. The crews will not enter or go onto a property to collect the Container or Sack unless previously expressly agreed.
- In using the Service, the Customer may only use the designated garden waste Container or Sack provided by OCC/ODS. Garden waste contained in any other container or sack will not be collected as part of the Service.
- The Container remains the property of OCC at all times.
- Any additional Containers/Sacks requested by the Customer will incur additional charges, set at the then current price of the Containers/Sacks requested.
- OCC/ODS will not return to collect waste that has not been placed out at the agreed collection location and time.
- In the event of a missed collection when the Container or the Sack was presented correctly (as per Clause 5), the Customer should report this to ODS the same day or at the latest on the following day. OCC/ODS will then endeavour to make the collection as soon as reasonably practicable. No refunds will be made to the Customer for missed or delayed collections.
- Lids of wheeled Containers containing garden waste must be fully closed. OCC/ODS reserves the right not to empty Containers when the lids are not fully closed.
- OCC/ODS reserves the right not to collect or empty any Container that in its reasonable opinion poses a health and safety risk to collection crews or exceeds a weight of 25kg. OCC/ODS may require the Customer to reduce the weight in the Container to reduce the risk to collection crews before any further attempt to collect or empty the Container or Sack is undertaken.
- If a Customer’s normal collection day falls on a Bank Holiday, OCC/ODS reserves the right to postpone that collection. Additionally, OCC/ODS may suspend the Service over the Christmas, New Year and Bank Holiday periods, and all relevant rescheduled collection details will be displayed. OCC/ODS reserves the right not to provide the Service if it is prevented from doing so by circumstances beyond its control or other force majeure including but not restricted to any government lock down.
- OCC/ODS reserves the right to change collection days. In this event, the relevant rescheduled collection details will be displayed.
- On the expiry of each 12 month Service period the Customer's Service contract will automatically be renewed and the appropriate direct debit payment will be taken for a further 12 month period unless the Customer has given notice to OCC/ODS to terminate the contract no less than a month prior to the renewal date. In such event the Customer should cancel their direct debit through their bank. No refunds will be payable if the Customer has failed to cancel their direct debit instruction after terminating their Service contract.
- If full payment is not received on or prior to the expiration of the current Service contract, OCC/ODS will assume that the Customer no longer requires the Service and OCC/ODS will therefore seek to collect the Container from the Customer’s property within 28 days of the date of expiry of the contract. If the Container is deemed by OCC/ODS collection crews not to be accessible, the Customer will be invoiced for, and hereby agrees to pay, the full cost of a replacement Container and any associated costs of the aborted collection. If such costs are not paid when invoiced, they shall be recoverable by OCC as a debt.
- If the Customer cancels the Service contract part way through the 12 month period, there will be no entitlement to a full or a partial refund.
- Where OCC/ODS has ceased provision of the Service to any Customer as a result of any non-payment of a relevant Service subscription, the Customer may apply to restart the Service (subject always to OCC/ODS’s discretion) but the contract will be backdated to the date on which the contract originally expired, unless 12 months has elapsed since the expiry date. Where 12 months or more has elapsed a new contract will be generated.
- The Customer is responsible for the Container provided, including its cleanliness and safety. In the event of the Container being lost, stolen, defaced or damaged whilst in the custody of the Customer, the Customer hereby agrees to pay to OCC the costs of an equivalent replacement Container and its delivery. If such costs are not paid they shall be recoverable by OCC as a debt. OCC/ODS will carry out routine repairs to Containers where OCC/ODS reasonably considers this to be necessary due to normal wear and tear.
- The Service is registered to the property of the Customer who subscribes to it. If the Customer moves house during the term of the Service contract, the Customer should inform OCC/ODS. If requested, OCC/ODS will transfer the Service to a new property provided this is located within the Oxford City boundaries. The Container may be moved by the Customer to the new property if it is within the Oxford boundary but the Customer must inform OCC/ODS of this. Alternatively, OCC/ODS can arrange a delivery of a Container to the new property. Where the Service is to be discontinued due to the Customer moving house, the Customer must inform OCC/ODS in order that the Container may be collected from the Customer’s current property. The Customer will not be eligible for a refund of any part of any annual subscription fee already paid.
- On termination of the Customer’s entitlement to the Service (however such termination occurred) OCC/ODS reserves the right to enter the Customer’s premises/property to recover the Container. No refund will be given on any termination of the Service.
- OCC/ODS accepts no liability for any damages or loss whatsoever incurred by the Customer resulting from the use or misuse of the Container or Sack, save where any injury or death has been directly caused by the act or omission of OCC/ODS.
- OCC reserves the right to amend or replace these terms and conditions without further notification to the Customer.
- OCC may use the Service data it holds to help maintain accurate garden waste records.
- By entering into a Service contract, Customers are complying with their duty of care for the removal of garden waste in accordance with Section 34 of the Environmental Protection Act 1990.
Fair Processing Notice
How we will use your information:
The information that you provide will be processed in accordance with the provisions of the Data Protection Act 1998 and other relevant legislation. The council has a duty to protect the public funds it administers, and may use information held about you for the prevention and detection of fraud and other lawful purposes. The Council will also use the information for the purpose of performing any of its statutory enforcement duties. It will make any disclosures required by law and may also share this information with other bodies responsible for detecting / preventing fraud or auditing / administering public funds. We will not disclose your personal information to third parties for marketing purposes.
The Council may be required to pass on the information you have provided to other bodies for administrative purposes and as required by law. The information will only be used for specific purposes allowed by law. Oxford City Council is a ‘data controller’ for the purposes of the Data Protection Act 1998