RESIDENTIAL CUSTOMER TERMS OF SERVICE

*COMMERCIAL CUSTOMERS PLEASE REFERENCE YOUR SERVICE AGREEMENT*

This Privacy Policy applies to Getscoopdup.com and Scoopd Up LLC (“Scoop’d Up”). For the purposes of these Terms of Service, unless otherwise noted, all references to Scoopd Up LLC include GetScoopdup.com and Scoop’d Up™.

TERM. Upon acceptance of either Scoop’d Up’s paper Proposal and Estimate (for Community clients) or Fee Quote online (for individual clients) (each referred to as “Services”), these Services shall continue indefinitely and on a recurring basis until cancelled in accordance with these Terms of Service.

CANCELLATION. Client may cancel its Services at any time for any reason without penalty or payment of a cancellation fee. To request cancellation, please call Scoop’d Up at 904-321-9638, by emailing service@getscoopdup.com, or by using the cancellation link in Client’s Customer Account online at Getscoopdup.com (the last option is only available for residential customers). Any payment for Services rendered prior to cancellation and owed by Client shall be due and payable at the time Client’s Services are terminated.

FEE PAYMENT. Payment is due in accordance with the payment plan selected by Client at the time of accepting the Services. Some areas require sales tax on Services. If Client lives in an area where sales tax applies, Client will also be responsible for the tax amount. In addition to any amounts owed to Scoop’d Up, Client agrees to be responsible for all reasonable collection and attorney’s fees Service Provider may incur in seeking to bring Client’s account to current.

PAYMENT METHOD. At the time of acceptance of the Services, Client shall submit to Scoop’d Up credit card or ACH information for processing of payment for the Services price per the payment terms of this Service Agreement. Client consents to Scoop’d Up storing Client’s credit card information and charging such credit card for the fees owed under this Service Agreement. Should Client’s credit card or ACH information fail, additional fees may apply. If the Client fails to provide an updated form of payment within ten (10) business days of notice from Scoop’d Up that the payment method on file failed, Scoop’d Up may terminate this Service Agreement.

CONSENT TO CONTACT. Cell Phone Calls/Text and Emails. By providing your cell phone number and/or email address, you consent to receiving such calls or electronic communications at the number or email address provided, including but not limited to, communication attempts (calls, text messages, emails or other electronic means) made by automated telephone dialing system, prerecorded messages or artificial voice. This consent is for Scoop’d Up and any affiliates, including any and all third-party entities hired by Scoop’d Up for billing, collections, or customer care services.

WITH YOUR PERMISSION, WE CAN PROVIDE YOU WITH ELECTRONIC VERSIONS OF DOCUMENTS ASSOCIATED WITH YOUR ACCOUNT(S) AT SCOOP’D UP RATHER THAN IN PAPER FORM. THE DOCUMENTS INCLUDE NOTICES, DISCLOSURES, RECORDS, AND OTHER INFORMATION IN CONNECTION WITH ANY OF YOUR CURRENT OR FUTURE ACCOUNT(S) AT SERVICE PROVIDER, AFFILIATES, INCLUDING ANY AND ALL THIRD PARTY ENTITES HIRED BY SERVICE PROVIDER FOR BILLING, COLLECTIONS, OR CUSTOMER CARE SERVICES.

PROVIDING CONSENT DOES NOT MEAN THAT WE WIL PROVIDE ALL DOCUMENTS ELECTRONICALLY, BUT THAT WE MAY PROVIDE ELECTRONIC VERSIONS IN ACCORDANCE WITH YOUR PREFERENCES.

ELECTRONIC DOCUMENTS WILL BE DELIVERED TO YOU VIA EMAIL AT THE EMAIL ADDRESS PROVIDED BY YOU.

REFUNDS. Scoop’d Up does not offer refunds for payment of Services unless the reason is an error on our part. If a refund is to be given for any reason, other than the fault of our own, refunds will be given minus bank/credit card processing fees and any proration of services, if relevant. Account credits may be given on a case-by-case basis and they will either reflect on the following month’s invoice or remain on Client’s account without expiration.

SATISFACTION GUARANTEE. If for any reason, Client is not completely satisfied with any Service Client receives, Scoop’d Up will do its best to revisit the same day. Revisit requests must be made within 24 hours after completion of the last Service, after which all work is final and no revisits will be provided free of charge. Service Provider always does its best to work with Client to resolve any issue to Client’s satisfaction within the guidelines of these Terms of Service.

MODIFICATIONS. Modifications to the Services or these Terms of Service will be made only when a written communication describing such modifications has been delivered to Client. There may be additional charges for any changes. Scoop’d Up will provide Client with 30 days’ notice of any price changes.

SERVICE TIMES/SERVICE DAYS. Scoop’d Up is unable to provide time-specific visits due to many variables. Scooping/service hours are from sunup to sundown. Service Provider works rain or shine and in most weather conditions. If weather/road conditions become unsafe, Services will be paused until conditions return to a safe status and any Clients affected will be notified as soon as possible. From time-to-time, for any reason, Service Provider may need to reschedule or change your Service day(s) at its discretion. Service Days are dictated by Client’s address and established routes. This enables Service Provider to keep prices low and stay competitive. Client’s monthly fee includes certain holidays observed by Scoop’d Up without compensation of cost or Service. These holidays are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas week. (If Christmas day falls on a weekend, Scoop’d Up will either close the week before or after.) Client may be charged during service interruptions due to but are not limited to snow, heavy rain, strong winds, hurricanes, extreme temperatures, acts of governmental authorities, or any other acts of God, or circumstances or causes beyond the control of the Service Provider. Client may cancel or pause services during this time. However, additional service charges may apply upon resuming service.

PEFORMANCE OF SERVICES. The Services will be performed by Scoop’d Up on the date(s) or day(s) of the week specified unless you are notified otherwise. Please be sure the gate/access point is free of any obstructions (i.e., dogs, padlocks, lawn furniture, etc.) and is unlocked. If Scoop’d Up cannot access Client’s yard, Client will be notified and charged for the visit. Although Scoop’d Up attempts to secure all gates, Scoop’d Up does not assume responsibility for securing client’s gates. Please check gates after service is provided.

AGGRESSIVE ANIMALS. Scoop’d Up will work with friendly animals in the yard; however, Scoop’d Up will NOT work around aggressive animals. If Scoop’d Up cannot access Client’s yard or complete a scooping because of an aggressive animal, Client will be notified and charged for the visit. If a Scoop’d Up employee is ever bitten by any animal, the employee will immediately leave the premise to seek medical attention. The yard will be left in “as is” condition and may be considered as Services rendered for that visit. All medical fees will be the responsibility of the Client within a reasonable amount of time. Depending on the situation, Animal Control may be contacted and/or further actions may be taken. Client will maintain accurate and proper vaccination records for its dog(s) and make them available to Scoop’d Up for inspection, if requested, or in the event of a dog bite/attack of a Scoop’d Up employee. Scoop’d Up relies on the Clients assessment of their animal’s temperament. Please consider this for the Scoop’d Up employee’s safety. Scoop’d Up reserves the right not to service any yard they don’t feel comfortable in.

INSURANCE. Scoop’d Up maintains applicable local, state of federal licenses required, if any, to perform the Services as well as no less than one million dollars ($1,000,000.00) in Comprehensive General Liability insurance with an insurance company licensed to do business in the state they serve.

SERVICE DELAYS AND FORCE MAJEURE. If Client fails to make a scheduled payment, Scoop’d Up may postpone its performance of the Services and schedule continuation of Services at its discretion only after receipt of all amounts due and payable. If Client’s Services are suspended and Client does not pay in full within 30 days Scoop’d Up will consider Client to have terminated its Services. Certain events beyond the control of Scoop’d Up may affect its ability to perform its obligations provided for under this agreement. These events include, but are not limited to snow, heavy rain, strong winds, hurricanes, extreme temperatures, acts of governmental authorities, or any other acts of God, or circumstances or causes beyond the control of Scoop’d Up and shall have no liability if, at its discretion, it becomes necessary to postpone, cancel, or terminate treatment as a result. Delays caused by such events do not constitute abandonment.

ENFORCEABILITY. If any provision, sentence, phrase or word in the Terms of Service or the application of it to any person or circumstance are deemed unenforceable by a court, the remaining provisions remain in force.

DISPUTES. This Service Agreement is made and shall be construed under the laws of the State set forth in Scoop’d Up’s address. Except as set forth below, if any controversy or claim arises out of or relates to Scoop’d Up, or the breach thereof, and if said controversy or claim cannot be settled through direct discussions, the parties agree to settle the controversy or claim in by mediation administered by the American Arbitration Association under its Construction Industry Mediation Rules, before resorting to Arbitration Rules, and judgment up the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may jointly agree to mediation and arbitration by the Better Business Bureau (if applicable) in lieu of the forgoing. Any efforts by Scoop’d Up to collect amounts due or any part thereof are not subject to the mediation and arbitration provisions set forth above. Client will pay all collection expenses, court costs, and reasonable attorney’s fees which may be incurred in such collection efforts. CLIENT HEREBY WAIVES ANY AND ALL RIGHTS CLIENT MAY HAVE TO A JURY IN ANY SUIT.

LIQUIDATED DAMAGES. Should Client fail to fulfill its obligations under this Service Agreement in addition to any other remedy at law or in equity that Scoop’d Up may have otherwise provided herein, Scoop’d Up may retain as liquidated damages and not as a penalty, all consideration paid by Client to Scoop’d Up, including, but not limited to the payments referenced above.

NO WAIVER OF RIGHTS. Scoop’d Up’s failure to exercise a right or remedy or Scoop’d Up’s acceptance of a partial or delinquent payment, does not operate as a waiver of any of Scoop’d Up’s rights, or Client’s obligations, under these Terms of Service and does not constitute a waiver of Scoop’d Up’s right to declare an immediate or a subsequent default of these Terms of Service.

ENTIRE AGREEMENT. These Terms of Service contains the entire understanding and agreement between the parties with respect to the Services and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. NO ORAL PROMISES OR AGREEMENTS ARE A PART OF THESE TERMS OF SERVICE.