Garden Waste Subscription Service Terms and Conditions

This agreement is made between the person making the application (the customer) and Oxford City Council (the council), and sets out the terms and conditions under which the customer may use the Council's Garden Waste Brown Bin Subscription fortnightly collection service.

1.    The Garden Waste Brown Bin subscription service ('the Service') is available to the customer, on payment to the council of the applicable subscription, for a period of 12 months starting on the Start Date.  Subject to the terms of this agreement, the Service will be provided on a fortnightly basis.

2.    The customer may use the Service for the collection of all items of garden waste as specified by the council from time to time (currently as set out in the Council's booklet 'Managing Your Waste'.  The customer may use the Service for the collection of no other materials.

3.    If any other waste is presented for collection it will not be collected, and the council may consider this agreement to be immediately terminated.

4.    In using the Service, the customer may only use the designated garden waste container ('the Container') provided by the council. The council will not collect garden waste contained in any other container.  The Container shall remain the property of the council at all times.

5.    Garden waste must be presented kerbside in the Container by 7am on the day of collection from an accessible and clearly visible and accessible to our crews, being placed as close to where your property meets the publicly adopted highway/pavement as possible (or where your property meets the private road that we have agreed to service as by existing collections).

6.    The Container should be removed from the public highway (including associated pavements / footways / verges etc) as soon as possible after collection but no later than 7:00pm on the day of collection.

7.    Lids of wheeled Containers containing garden waste must be fully closed. The council reserves the right not to empty Containers when the lids are not fully closed as this may cause damage to the lids whilst being mechanically emptied.

8.    The council reserves the right not to empty / collect any Container that in its reasonable opinion poses a health and safety risk to operatives or exceeds a weight of 25kg, and may require the customer to reduce the weight in the Container before any further attempt to empty / collect is undertaken.

9.    The Service will not be provided over the Christmas / New Year period.  The Service will also not be provided in the event that the council is unable to provide it due to circumstances beyond its control or other force majeure.

10.    Prior to the end of the 12 month term of this agreement, the council may send out a new agreement asking the customer to renew their entitlement to the Service.  This must be returned, with full payment, in order for the Service to continue for the next 12 months. If the new agreement, together with full payment,  is not returned prior to the expiration of the current agreement, the council will assume that the customer no longer requires the Service and the council will therefore collect the Container from the customer's property within 14 days of the date of expiry of the agreement. If the Container is deemed by council staff not to be accessible, the customer will be invoiced for the full cost of a replacement Container and any associated costs of the aborted collection. Such costs shall be payable by the customer to the council on demand and shall be recoverable by the council as a debt.

11.    The council generally reviews its Service charge annually, effective from the first of April, but reserves the right to vary charges with reasonable notice at any time.

12.    During the currency of this agreement the applicant shall be responsible for the Container provided, its cleanliness and the cleanliness of the site around the Container.

13.    The applicant shall keep the Container safe and secure. In the event of the Container being lost, stolen or damaged the customer may be required to pay the council the cost of an equivalent replacement Container and its delivery. Such costs shall be payable by the customer to the council on demand and shall be recoverable by the council as a debt. The council will carry out routine repairs to Containers where the council reasonably considers this is necessary due to normal wear and tear.

14.    On termination of the customer's entitlement to the Service (however such termination occurred) the council reserves the right to enter the customer's premises/property to recover the Container.

15.    This agreement includes the duty of care for the fortnightly removal of garden waste in accordance with Section 34 of the Environmental Protection Act 1990. (For information: It is unlawful to transfer or dispose of waste for which there is no waste transfer note pertaining to that waste. It is also unlawful for the carrier to transfer or dispose of waste for which there is no waste transfer.)

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 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.

Page last reviewed 8 May 2012