1. DESCRIPTION OF SERVICE: DATASAFE agrees to provide secure & confidential Document & Digital Destruction in accordance with the standards set by guidelines and laws associated with the National Association of Information Destruction, Health Insurance Portability and Accountability Act of 1996 and Payment Card Industry Data Security Standard.
2. TERM. This Agreement is a legally binding contract between the Customer and DATASAFE
3. CHARGES AND PAYMENT. Customer shall pay DATASAFE a monthly charge for its collection (unless designated by the one-time service distinction), destruction, and disposal services in accordance with the schedule of charges shown on this Agreement. The Price is determined according to the type of container and Service Type. A variable fuel surcharge ("FSC") will be added to the Price each month, based upon a percentage rate determined by DATASAFE. The Service Fee includes any additional charges. Payment is due ten (10) days from the date of invoice. Thereafter, a Finance Charge may be imposed at an annual percentage rate of eighteen percent (18%) from the date of invoice until paid. If this interest rate is higher than that allowed by law, the interest rate payable will be the highest allowed plus use tax and any other fees or taxes levied upon equipment supplied by DATASAFE. This charge is to be paid even if there is no service provided to the container.
4. RECURRING RATE INCREASE. The schedule of recurring charges may be adjusted from time to time to reflect changes in service levels, disposal fees (if any), unexpected fuel costs (wars, allocations, or surcharge), and any government-mandated laws, ordinances, taxes, or license requirements not enacted as of the initial execution of this Agreement. The price of fuel, if allocated by law or declaration of conflict or war, shall be deemed a rate increase equivalent to a percentage surcharge until such increase is negated. DATASAFE has the right to increase service prices by the amount of the Consumer Price Index (CPI) on each anniversary date of this Agreement.
5. ADDITIONAL FEES FOR SHREDDING SERVICE. DATASAFE reserves the right to add the following additional fees to their shredding services.
This agreement doesn’t guarantee the price shown is the final price of service, and I agree to any modifications in charges based on the terms and conditions included in the proposal.
A) Hazardous Material Fee: Hazardous material consists of metal, plastics, garbage or any material that poses a risk to our technician’s health. This will be assessed at $15.00/container that possessed the hazardous material.
B) Overage Fee: If containers exceed signed agreement by 10 or more the client will be assessed an additional $5.00/container.
C) Rescheduling: A rescheduled service will have a $50.00 fee assessed if service is cancelled within 48 hours of the confirmed date of service.
6. CANCELLATION / LIQUIDATED DAMAGES. DATASAFE agrees that if Customer no longer requires collection, destruction, and disposal services due to discontinuance of its business, relocation outside the area in which DATASAFE provides the services, or similar reason, Customer may terminate this Agreement upon written notice to DATASAFE at least sixty (60) days prior to the intended termination date, but only upon payment of all amounts due to DATASAFE through the intended termination date. In the event Customer should terminate this Agreement in a manner other than as provided for herein, Customer agrees to pay to DATASAFE as liquidated damages a sum equal to six (6) months' charges based on a) the average monthly charge during the existence of this Agreement, or b) the average of the past six months of service, whichever is greater.
7. CUSTOMER'S LIABILITY AND INDEMNIFICATION. Customer warrants that material placed in containers or delivered to DATASAFE will not contain any hazardous or toxic material and will not cause damage to DATASAFE’s equipment. Expenses accrued due to equipment damage cause by unauthorized material shall be added Customer’s charges. Customer agrees to defend, hold harmless, and indemnify DATASAFE against any claims, other lawsuits, and any liability for injury to persons or damage to property or the environment connected with the use and possession of the equipment by the Customer, or breach of any warranty by the Customer. On scheduled destruction days, DATASAFE's vehicle(s) shall have clear access to load and shred. If access is not available, DATASAFE may levy a service charge for the attempted service.
8. OWNERSHIP, POSSESSION, AND USE OF EQUIPMENT. The term "equipment," as used in this Agreement, shall mean all storage containers used for storage of material to be destroyed. The equipment shall be in the possession and control of the Customer, who shall be responsible for the cleanliness and safekeeping of that equipment. Customer shall not overload, pry, burn, abuse, or use the equipment for other than the intended usage as storage of material to be destroyed by DATASAFE. The Customer shall be liable to DATASAFE for loss or damage to equipment in excess of reasonable wear and tear. Any charges associated with the replacement or repair of equipment lost or damaged in excess of reasonable wear and tear shall appear on Customer's invoice following replacement or repair. All property deposited on premises by DATASAFE shall remain the property of DATASAFE. Customer shall have no right, title or interest in the equipment, nor shall any Customer make modifications thereto. Customer shall keep the equipment free and clear of all levies, liens, and encumbrances.
9. MATERIAL. Customer shall not deposit material other than the agreed-upon material to be destroyed into the containers (i.e. garbage, metal, plastic, hazardous, toxic, infectious, radioactive, reactive, ignitable, or corrosive material). Title to and liability for any above-described waste shall remain with Customer. DATASAFE may charge Customer for sorting of garbage, if any garbage is present at any container service. Should the materials given by Customer to DATASAFE become non-salvageable or prohibited by law, then the cost of disposal shall be added to the price of services as specified.
10. DEFAULT AND REMEDIES. In the event of a breach of this Agreement by either party, the breaching party shall pay all reasonable attorney's fees, collection fees, and costs of the other party related to any action brought to enforce this Agreement. If Customer fails to make any required payment when due, fails to perform its other obligations hereunder, becomes, insolvent, makes and assignment for the benefit of creditors, or if a petition in bankruptcy is filed by or against Customer, DATASAFE, in addition to its other remedies, may terminate this Agreement and, without notice, may demand removal or by legal process enter upon Customer’s property and remove its equipment therefrom, without liability for reasonable and necessary damages occasioned by such entry and repossession. Such remedies are in addition to those provided for in Section 4 above.
Mobile Shredding requires 25 feet clearance and safe parking. Client is fully responsible for the payment of any parking fees with city service. Please leave details about parking or loading docks we should be aware of. Not all locations are eligible for Mobile Shredding service, so if our team determines that we can’t satisfy that request, we will change the method of transport/destruction and provide a discount to the service.
All services from DataSafe Inc are fully licensed and bonded, and come with a Certificate of Destruction that serves as evidence that we shredded the paper in accordance to the appropriate laws and security requirements (HIPAA, PCI, NAID).
Acceptable Materials We accept paper products only. Prohibited materials include spring-steel metals (found in binders and clips), plastics, cardboard, batteries, trash or animal excrement or any other material that could negativelyimpact the health of our technicians or harm our equipment.
