MOONSHOT RESIDENTIAL HOME & DROP-OFF COMPOSTING SERVICES
By subscribing to Home Composting Service (the “Home Service”) or Drop-Off Service (“Drop Service”) from Moonshot Industries, LLC (“Moonshot” or “we”) you have agreed to these terms of service. As used herein, the term “your Service” means either (i) the Home Service or (ii) the Drop Service you selected when you subscribed for residential service on our website. These terms of service (along with other items referenced herein) govern the business relationship between you and Moonshot. Capitalized terms used herein have the meaning assigned herein.
SERVICE PRICING AND PAYMENT
We charge, and you agree to pay, for your Service on a monthly basis. The fee for our Home Service shall initially be (1) twenty-nine dollars ($29) for one to two collection bins or (2) thirty-five dollars ($35) per month, at the election of each subscriber upon sign-up. The fee for utilizing our Drop Service shall initially be ten dollars ($10) per month. With regard to Home Service, the fee does not increase for any months where you may have a 5th Service Day. The fee for Drop Service includes as many drop offs per month as you desire. Payment of the applicable monthly fee for your Service is required upon sign-up and then upon each monthly anniversary of sign-up. Once paid, the monthly fee is not refundable except as expressly provided in the section below entitled CREDIT; SKIPPING A SERVICE DAY. We may increase the monthly fee for your Service but will not do so without providing you at least fourteen (14) days’ notice of any such increase. We will continue to provide your Service until you cancel your subscription or until we notify you of a termination of your subscription.
Moonshot will provide you with a receptacle for your use in connection with your Service. If you have subscribed to the Home Service, on each Service Day, the Service Provider will retrieve the receptacle and leave a clean one in the Location for your use until the next Service Day. We cannot perform the Home Service with any container other than a receptacle we have provided to you. If you are a Drop Service customer, you should use your Moonshot receptacle when you take your food waste to the Drop-Off Site so that people at the Drop-Off Site will know that you are a Moonshot customer and are authorized to deposit food waste there. The receptacle belongs to Moonshot and must be returned to Moonshot upon termination of your Service. If the receptacle is lost or destroyed while in your possession, just send us an email at to get a replacement. At Moonshot’s discretion, there will be a replacement fee of ten dollars ($10) for replacing receptacles that are lost or destroyed. The replacement fee is payable at the time you request a replacement.
SERVICE DAY AND TIMING FOR HOME SERVICE
Subject to the provisions of the sections below entitled FORCE MAJEURE and DELAYS IN SERVICE, our employee or contracted service provider (“Service Provider”) will visit your residence to perform the Home Service on the day each week that you selected when you subscribed to the Home Service (“Service Day”). You may change your Service Day by logging into the Account Manager. Any such changes must be made before 5:oo p.m. on the day before the new Service Day you wish to select and before 5:00 p.m. on the day before your currently scheduled Service Day. We cannot guarantee a specific time of day on the Service Day that the Service Provider will be at your residence to perform the Home Service. You agree to have the receptable in the Location before 8:00 a.m. on your Service Day. If your usual Service Day falls on a recognized holiday, we will provide your Home Service on the next business day.
If you subscribed to the Home Service, you provided a location where you will leave the receptacle on the Service Day (the “Location”). The Location must be accessible to our Service Provider on the Service Day. Our Service Provider will look for the receptable in the Location and the reasonable surrounding area (a few feet). So that our Service Providers can efficiently serve all our customers, they cannot and will not search your property for a receptacle that is not in the Location or that is hidden under or behind other items. You can change the Location by logging into the Account Manager. If necessary, our Service Provider can open yard gates to access the Location as long as such gates are not locked, can be easily and safely opened, and no pets are loose in the yard. Our Service Provider cannot enter your residence or garage to retrieve the receptacle.
The Location must be in an area where there are no loose pets on the Service Day. If our Service Provider becomes aware of a pet in the Location, he or she may, in their sole discretion, elect not to perform the Home Service. We will notify you if this occurs. You agree that we are not responsible for any injury to any pets or for any lost pets for any reason.
CREDIT; SKIP A SERVICE DAY
If you are a Home Service customer and would like to skip a Service Day or Days, please log into your Account Manager and make the appropriate selection. If Moonshot receives such notification by 5:00 p.m. on the day before the Service Day (or the first of multiple Service Days) you wish to skip, we will credit your account $5.00 for each Service Day skipped and will not visit your residence for Home Service on the Service Day(s) you have chosen to skip. The credited amount will not be refunded to you but will be applied to reduce the amount charged to your Payment Method on the next monthly payment date. Upon termination of your Service (by you or Moonshot) any unused credits are not refundable.
SERVICE PROVIDER SAFETY AND AUTHORITY
The safety of our Service Providers (and others) is a top priority for Moonshot. The Location must be in an area free from dangerous conditions. You agree to alleviate any dangerous conditions that arise on your property prior to the next Service Day and to keep the Location and the area traveled to and from the Location free from debris and any other dangerous conditions. Our Service Providers are empowered to refuse to provide the Home Service if they believe that doing so would endanger them or others. You understand and agree that our Service Providers may refuse to perform the Home Service in such situations and waive any claims against Moonshot related to such decision. We will notify you if this occurs and work with you to determine an Alternate Service Day and to address any Service Provider safety issues. Our Service Providers are not authorized to agree to any change to these terms of service, to authorize any refunds, or to make any changes to your account with Moonshot. You agree to notify us by emailing instead of asking a Service Provider if you need assistance with anything related to your Service or your account with Moonshot.
If you have subscribed to Moonshot’s Drop Service, you may take your receptacle to the North Montrose Community Garden located at 1914 W Clay Street, Houston, Texas or any additional locations identified as a drop-off location at www.moonshotcompost.com (“Drop-Off Site”). You may drop off your food waste 7 days a week from dawn to dusk. The location where your receptacle can be emptied at the Drop-Off Site is a plastic drum and is marked with Moonshot. Drop Service customers simply empty your Moonshot receptacle in the designated plastic drum at the Drop-Off Site and take your empty receptacle with you to fill it up again.
We cannot accept materials that are not compatible in the composting system we utilize. Prohibited materials can contaminate large batches of compost so we, and you, must be very diligent with regard to prohibited materials. Some items that might be compostable in certain situations may not be acceptable for our composting process. You can find a list of compostable materials and prohibited materials here. You agree not to place any prohibited materials in the receptacle for the Home Service and agree not to deposit any prohibited materials at the Drop-Off Site. We reserve the right to check the contents of the receptacle at the time of the Home Service. So that he or she may efficiently serve all our customers, the Service Provider cannot spend time separating compostable materials from prohibited materials in the receptable. If our Service Provider detects any prohibited materials he or she may, at their sole discretion, either (i) remove the prohibited material and leave it at the Location near or in the clean replacement receptacle, or (ii) leave the entire receptacle with all its contents at the Location. In either case, we will notify you and our Service Provider will leave a notice for you at the Location regarding the prohibited material. You are encouraged to call us if you have any question about whether some material is prohibited or compostable. In the event of repeated inclusion of prohibited materials in the receptacle, we reserve the right to suspend or terminate your Service. We will send you notice if we make such a decision and will stop charging your Payment Method. No refunds will be given for fees already paid. With regard to our Drop Service customers, we ask that you join us in supporting the community garden where the Drop-Off Site is located by being very careful not to deposit any prohibited materials at the Drop-Off Site.
You agree that Moonshot shall not be liable for any delays or failures in performance or availability of your Service resulting from acts beyond its reasonable control including, without limitation, acts of God (including, but not limited to extreme weather events), acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties, interrupted access to adequate compost facilities or the Drop-Off Site, short or long term government restrictions, or civil unrest. We will do our best to notify you if your Service will be interrupted due to any such events and use our best efforts to perform the Home Service when it can be safely performed or to make the Drop Service available when it can be done safely.
DELAYS IN SERVICE
We utilize our best efforts to provide the Home Service on the Service Day. If our Service Providers are unable to perform the Home Service on the Service Day (due to a force majeure event or otherwise), we will use our best efforts to notify you and to let you know when we do expect to be able to provide the Home Service (the “Alternate Service Day”). You agree to have the receptacle in the Location and to otherwise comply with these terms of service on any such Alternate Service Day. If the Alternate Service Day is not acceptable to you, just send us an email at and we will work with you to find an Alternate Service Day that works for you and for our Service Providers.
You agree to indemnify, defend and hold harmless Moonshot, its Service Providers, employees, agents, officers, and owners from any claims or causes of action by you or any third party arising in whole or in part from any breach of these terms of service by you or any member or resident of your household or arising in whole or in part from the actions of any third party who has access to your property or arising due to any dangerous condition on your property (including without limitation any animals – wild or domestic). The above indemnification obligations shall expressly apply to any claims made by Service Providers and shall continue after any termination of your Service by you or Moonshot until such time as any statute of limitations applicable to any claim or cause of action for which indemnification is provided in this section has run.
With regard to Drop Service customers, you are hereby notified that Moonshot does not own, control, monitor, or provide security for, the Drop-Off Site and disclaims any and all responsibility for the conditions at, or safety of, the Drop-Off Site. By subscribing to and utilizing our Drop Service you agree that you are visiting the Drop-Off Site at your own risk and you agree to fully waive any and all claims against Moonshot, or its officers, employees, owners, or agents in any way related to the condition of the Drop-Off Site or any events occurring at or near the Drop-Off Site.
DAMAGE TO YOUR PROPERTY
We will repair any damage to your property caused by our Service Provider except where such damage arises, in whole or in part, due to a violation of these terms of service by you, your actions or inactions, or your negligence.
You agree that any notices we send to you may be sent by email to the address you provided when you subscribed to your Service. You can change your email address on file by logging into your Account Manager. You agree to provide notice to us by the methods expressly stated in these terms of service for various issues. For notice of any issue not expressly described in these terms of service, you agree to notify us by emailing us at .
We do understand that occasionally a Payment Method may be declined for various reasons: lost card, expired card, etc. We will notify you if your Payment Method was declined. Your Service may be suspended until payment is received at Moonshot’s sole discretion.
MEDIATION AND ARBITRATION
If a dispute arises from or relates to your Service, these terms of service or the breach thereof, or from any other interaction between you and Moonshot (or its employees), and if the dispute cannot be settled through direct discussions, you and we agree to endeavor first to settle the dispute by mediation conducted by a mutually agreeable mediator before resorting to arbitration. You and we further agree that any unresolved controversy or claim arising out of or relating to your Service, these terms of service or the breach thereof, or from any other interaction between you and Moonshot (or its employees), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.