Last Updated: April 21, 2026
1. ACCEPTANCE OF TERMS
Welcome to Top Of The Hill Waste Management. By accessing, browsing, or utilizing this website, submitting a service request, scheduling a pickup, creating an account, or making a payment, you (hereinafter referred to as “Customer,” “User,” or “You”) expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions (“Terms”). These Terms constitute a legally binding agreement between You and Top Of The Hill Waste Management (“Company,” “We,” “Us,” or “Our”).
If you do not agree with any provision of these Terms, you must immediately discontinue use of this website and refrain from scheduling or utilizing our waste management services. Continued access to the website, continued receipt of services, or any form of payment submitted to the Company shall constitute Your ongoing acceptance of these Terms, including any modifications or updates published herein. We reserve the right to modify, update, or replace these Terms at any time, with or without prior notice, as outlined in Section 19.
2. BUSINESS OVERVIEW AND SERVICE SCOPE
Top Of The Hill Waste Management was established in July 2020 by owner Jeremy “Twigy” Smith. The Company originated from a practical need: servicing a steep, single-access residential hill where conventional municipal routing proved inefficient. What began as a localized trash hauling solution has grown into a full-service waste management operation dedicated to thoroughness, efficiency, and reliable scheduling.
Our primary service area encompasses the Spanish Peaks region and surrounding communities. The Company provides residential, commercial, and property-management waste solutions, including but not limited to weekly trash collection, vehicle and appliance removal, construction debris cleanup, and rental property turnover services. All services are subject to operational capacity, local municipal regulations, environmental compliance standards, and geographic accessibility. The Company reserves the right to modify service offerings, adjust routing, or suspend services in specific zones due to safety, regulatory, or logistical constraints.
3. ACCOUNT REGISTRATION AND USER RESPONSIBILITIES
To access certain features of our website, including online scheduling, billing history, and service tracking, you may be required to register for a user account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy promptly. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
You agree not to: (a) create multiple accounts for the purpose of circumventing payment obligations or service limits; (b) use another User’s account without explicit permission; (c) provide false or misleading information regarding waste composition, property access, or ownership documentation; or (d) use the website or services for any unlawful purpose. The Company reserves the right to suspend or terminate accounts that violate these Terms, display fraudulent activity, or pose operational risks.
4. SERVICE SCHEDULING, ROUTING, AND AVAILABILITY
Weekly trash pickup schedules are assigned based on geographic zoning, routing efficiency, and equipment availability. Once a schedule is established, the Company will communicate your designated pickup window. Customers must ensure that waste containers are placed at the designated collection point no earlier than 12 hours before the scheduled window and no later than the start of the window.
Due to the terrain of the Spanish Peaks area, including steep grades, narrow roadways, and single-access routes, routing may be adjusted seasonally or due to weather events. The Company strives for consistency but cannot guarantee exact pickup times down to the minute. Delays caused by inclement weather, road closures, equipment breakdowns, or municipal restrictions are beyond our control. You will be notified of significant schedule changes via email, SMS, or website announcements when operationally feasible.
5. CUSTOMER OBLIGATIONS AND PROPERTY ACCESS
Safe and efficient waste collection requires active customer cooperation. You agree to:
- Ensure all waste is properly contained in approved bags or containers to prevent spillage, pest attraction, or environmental contamination.
- Place containers on level, stable ground clear of overhead obstructions, parked vehicles, landscaping, and pedestrian pathways.
- Maintain unobstructed access for collection vehicles and personnel, including adequate turning radius, clearance height, and weight-bearing capacity.
- Secure loose debris, especially on sloped or wind-exposed properties, to prevent scattering during transit or collection.
- Immediately report any damaged totes, unsafe site conditions, or changes in property access that may affect service delivery.
Failure to comply with these requirements may result in missed pickups, additional fees, or service suspension. The Company is not liable for property damage, vehicle incidents, or service delays caused by inadequate access, improper waste preparation, or customer negligence.
6. PROHIBITED MATERIALS AND HAZARDOUS WASTE COMPLIANCE
Top Of The Hill Waste Management operates in strict compliance with state and federal environmental regulations. The following materials are strictly prohibited from routine trash collection and bulk removal services:
- Hazardous chemicals, solvents, paints, thinners, and industrial residues
- Medical waste, biohazards, sharps, or pharmaceuticals
- Asbestos, lead-based materials, or contaminated soil
- Explosives, ammunition, firearms, or pressurized tanks
- Radioactive materials or untreated industrial byproducts
- Unsecured batteries (lithium-ion, lead-acid, etc.) unless properly packaged per DOT guidelines
- Tires, freon-containing appliances, or electronics unless specifically scheduled under specialized removal programs
If prohibited materials are discovered in your waste stream, collection may be refused, and additional handling, decontamination, or disposal fees will apply. The Company reserves the right to report illegal dumping or hazardous violations to appropriate regulatory agencies. You assume full legal and financial responsibility for any fines, penalties, or cleanup costs resulting from the improper disposal of prohibited items.
7. EQUIPMENT PROVISION AND TOTE MANAGEMENT
The Company offers optional 95-gallon wheeled totes for weekly residential pickup. These totes remain the exclusive property of Top Of The Hill Waste Management and are provided on a loan basis for service delivery purposes. Customers are responsible for:
- Positioning totes at the designated pickup point with lids fully closed
- Preventing overfilling beyond the rim or lid closure line
- Not placing hot ashes, liquids, or prohibited materials inside the tote
- Reporting loss, theft, or damage within 48 hours
- Allowing normal wear and tear from routine collection operations
Replacement fees will apply for lost, stolen, or damaged totes beyond reasonable wear. Totes must not be used for commercial dumping, construction debris overflow, or unauthorized third-party waste. The Company may inspect, relocate, or remove totes that are improperly maintained, creating safety hazards, or violating local ordinances.
8. VEHICLE AND APPLIANCE REMOVAL TERMS
Vehicle and appliance removal services are scheduled separately from routine trash collection. Before removal, you must:
- Provide proof of ownership, title documentation, or authorization from the legal owner
- Ensure vehicles are accessible, unlocked, and free of personal belongings
- Disclose any known mechanical hazards, fluid leaks, or structural damage
- Confirm that refrigerators, freezers, and air conditioning units have had refrigerants (Freon/CFCs) professionally recovered by a certified technician, where required by law
The Company will handle transportation and disposal in accordance with state recycling mandates and landfill regulations. Fees are assessed based on vehicle size, condition, accessibility, and disposal weight. You indemnify the Company against claims arising from hidden hazards, unreported contaminants, or third-party ownership disputes. Removed items become the property of the Company for recycling, salvage, or lawful disposal.
9. CONSTRUCTION SITE AND RENTAL PROPERTY CLEANUP
Construction debris removal and rental property make-ready services are quoted on a project-specific basis. These services may include drywall, lumber, concrete, roofing materials, flooring, fixtures, and general turnover debris. Customers must:
- Provide accurate volume estimates or allow for on-site assessment
- Separate recyclable materials from general waste when requested
- Secure the worksite, mark utility lines, and remove trip hazards before crew arrival
- Obtain necessary permits for large-scale demolition or heavy debris hauling
Labor hours, equipment requirements, disposal fees, and landfill tipping rates determine pricing. The Company does not guarantee exact load counts due to variable debris density. Additional charges may apply for overweight loads, contaminated materials, or extended cleanup beyond the quoted scope. Rental property managers must coordinate access with tenants and provide clear instructions regarding item disposition.
10. PRICING, BILLING, AND PAYMENT TERMS
All service rates are published on the website, provided in written quotes, or communicated during scheduling. Prices are subject to change with reasonable advance notice. Fuel surcharges, municipal disposal fees, recycling levies, and seasonal adjustments may apply. Invoices are generated upon service completion or per contracted billing cycles.
Payment is due within 15 days of the invoice date unless otherwise specified. Accepted payment methods include credit/debit cards, electronic bank transfers, and checks. Late payments may incur a monthly finance charge of 1.5% or the maximum allowable by law, whichever is less. Accounts delinquent beyond 30 days may be suspended and referred to collections. You are responsible for all reasonable collection costs, attorney fees, and court expenses incurred in recovering overdue amounts.
11. CANCELLATION, RESCHEDULING, AND REFUND POLICY
Service cancellations or rescheduling requests must be submitted at least 24 hours before the scheduled pickup window via phone, email, or the customer portal. Cancellations made within 24 hours may incur a missed-pickup fee equivalent to one service cycle. Repeated no-shows or chronic access failures may result in contract termination.
Refunds are processed on a prorated basis for prepaid weekly or monthly plans, calculated from the date of cancellation request. No refunds will be issued for services already rendered, collected, or processed. Specialized removal projects (vehicles, construction, make-ready) are non-refundable once labor and equipment have been deployed, unless cancellation is due to Company error or force majeure events. Disputed charges must be reported within 7 days of billing.
12. LIABILITY, LIMITATION OF RESPONSIBILITY, AND INDEMNIFICATION
Top Of The Hill Waste Management provides services on an “as-is” and “as-available” basis. While we strive for thoroughness and efficiency inherent to our brand promise, we do not guarantee uninterrupted service, exact timing, or specific disposal outcomes beyond regulatory compliance.
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising from service delays, missed pickups, weather disruptions, equipment failures, or third-party actions. Our total liability for any claim shall not exceed the amount paid by You for the specific service giving rise to the claim within the preceding 12 months.
You agree to indemnify, defend, and hold harmless Top Of The Hill Waste Management, its owner, employees, contractors, and agents from any claims, losses, damages, fines, or legal fees arising from: (a) Your negligence or breach of these Terms; (b) improper waste preparation or prohibited materials; (c) inadequate property access or unsafe site conditions; (d) false ownership documentation; or (e) unauthorized use of our website or branding.
13. INSURANCE AND CLAIMS PROCESS
The Company maintains standard commercial general liability insurance covering routine operations. Claims for property damage or personal injury allegedly caused by Company personnel or equipment must be reported in writing within 72 hours of the incident. Claims submitted after this window may be denied due to the inability to investigate.
To initiate a claim, provide: (a) date, time, and location of incident; (b) photographic or video documentation; (c) service invoice or account number; (d) detailed description of damages; and (e) contact information for involved parties. The Company will review claims within 14 business days and may request additional information, contractor assessments, or police reports. Approved claims will be resolved per insurance policy terms. Pre-existing damage, improper packaging, customer negligence, or acts of nature are excluded from coverage.
14. ENVIRONMENTAL COMPLIANCE AND REGULATORY OBLIGATIONS
All waste handled by Top Of The Hill Waste Management is processed, recycled, or disposed of in compliance with applicable local, state, and federal environmental regulations. We prioritize responsible routing, landfill diversion where feasible, and lawful recycling streams. Customers may not interfere with, alter, or bypass compliance protocols.
You acknowledge that waste composition may be subject to inspection, weighing, and documentation. The Company reserves the right to adjust disposal methods based on regulatory changes, landfill capacity, or environmental directives. Illegal dumping, tampering with waste streams, or misrepresenting material types may result in immediate service termination and reporting to environmental authorities.
15. FORCE MAJEURE
Neither party shall be liable for delays, failures, or non-performance resulting from events beyond reasonable control, including but not limited to: severe weather, natural disasters, pandemics, government orders, road closures, utility failures, labor strikes, supply chain disruptions, or civil unrest. In such events, the Company will make commercially reasonable efforts to resume service, notify affected customers, and adjust billing accordingly. Force majeure events do not excuse payment obligations for services already rendered.
16. INTELLECTUAL PROPERTY AND WEBSITE USE
All content, logos, branding, service descriptions, routing maps, pricing structures, and software code displayed on this website are the exclusive intellectual property of Top Of The Hill Waste Management or its licensors. You are granted a limited, non-exclusive, revocable license to access the website for personal and service-related purposes only.
You may not: reproduce, distribute, modify, or create derivative works; scrape, crawl, or automate data extraction; use our branding for commercial endorsement without written consent; or reverse-engineer any website functionality. Unauthorized use may result in legal action under copyright, trademark, and computer fraud statutes.
17. PRIVACY AND DATA PROTECTION
Your privacy is important to us. Personal information collected through this website or service interactions is governed by our separate Privacy Policy, which is incorporated into these Terms by reference. We collect data necessary for scheduling, billing, communication, regulatory compliance, and service improvement. We do not sell, trade, or rent personal information to third parties for marketing purposes. Data may be shared with payment processors, disposal facilities, or regulatory bodies as legally required. By using our services, you consent to data collection and processing as outlined in the Privacy Policy.
18. DISPUTE RESOLUTION AND GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the state in which Top Of The Hill Waste Management primarily operates, without regard to conflict of law principles. Any dispute arising from these Terms or service delivery shall first be addressed through good-faith negotiation between the parties.
If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall be conducted in the county where the Company is headquartered. Judgment on the award may be entered in any court of competent jurisdiction. You waive any right to participate in class-action lawsuits or collective arbitration proceedings. This clause does not prevent either party from seeking injunctive relief for intellectual property violations or breach of confidentiality.
19. MODIFICATIONS TO TERMS
Top Of The Hill Waste Management reserves the right to update, amend, or replace these Terms at any time. Material changes will be communicated via website notice, email, or account dashboard posting. The “April 21, 2026” date at the top of this document will reflect the most recent revision. Continued use of the website or services following publication of modified Terms constitutes your acceptance of the changes. It is your responsibility to review this page periodically.
20. CONTACT INFORMATION
For service inquiries, billing questions, account management, or Terms clarification, please contact:
Top Of The Hill Waste Management
Owner: Jeremy “Twigy” Smith
Service Area: Spanish Peaks Region & Surrounding Communities
Service requests, cancellations, and claims should be submitted through official channels to ensure proper tracking and timely response.
21. SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these Terms is found to be invalid, unenforceable, or contrary to applicable law, that provision shall be modified to the minimum extent necessary to achieve compliance, or severed without affecting the validity of the remaining provisions. These Terms, along with the Privacy Policy, service quotes, and any written addenda, constitute the entire agreement between You and Top Of The Hill Waste Management regarding the subject matter herein. They supersede all prior discussions, representations, or agreements, whether oral or written.
FINAL ACKNOWLEDGMENT
By utilizing the Top Of The Hill Waste Management website, scheduling services, or accepting waste collection, you confirm that you are at least 18 years of age, have the legal authority to bind yourself or the represented entity to these Terms, and understand that waste management involves inherent operational variables, regulatory requirements, and safety protocols. Thank you for choosing a thorough, efficient, and locally rooted waste management partner.
