Swifty Totes Service LLC, Terms of Service

By purchasing, using and/or accessing Swifty Totes Service LLC, services you are deemed to have read and agreed to the following Terms of Service:

The following terminology applies to these Terms of Service: “Renter”, “You” and “Your” refers to you, the person purchasing, using and/or accessing our services and thereby accepting our Terms of Service. “STS”, “Ourselves”, “Our”, “We” and “Us”, refers to Julie Fish and/or Swifty Totes Services LLC and/or its employees, representatives, agents, or others for whom we are at law responsible. “Party” or “Parties” refers to both the Renter and ourselves, or either the Renter or ourselves. “Services” refers to any and all services, programs, products and/or other offerings on our website, including, but not limited to the renting, delivery and pick up of the equipment. “Equipment” means any and all equipment rented to the Renter, including but not limited to the totes. “Rental Period” means the duration of the rental of equipment from STS to the Renter as identified on the Renter’s invoice. “Website” refers to https://swiftytotesservice.com/ (and/or successor, affiliated or associated domains). These Terms of Service apply to all users of our services and/or equipment. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she/it or they, are taken as interchangeable and therefore as referring to same.

Overview of Services

Upon purchase of our services, STS shall rent the equipment to the Renter for the rental period. At the commencement of the rental period, STS shall deliver the equipment to the Renter’s current address and at the end of the rental period, will pick up the equipment from the Renter’s new address. STS does NOT assist with packing or moving, which shall be the sole responsibility of the Renter. All equipment shall remain the sole and exclusive property of STS.

Rental Period

STS’ standard and minimum rental period is seven (7) days. Should the Renter require the equipment for a shorter period of time, the Renter will still be charged for a seven (7) day period, regardless of whether the equipment is returned before the end of the rental period. STS may accommodate longer-term rentals, subject to equipment availability.

Delivery Area

STS only provides services to Renters who are within our delivery area (both on delivery and pick up of equipment). Click here to see the regions that we service; however, we may also service you if you reside within 100 miles from Concord NC, in our sole discretion.

Reserving Equipment

The Renter must visit the Totes page on the website and choose the length of its rental period, subject to the above restrictions. The minimum amount of totes a Renter can rent is fifteen (15). The Renter can also choose from optional equipment add-ons after adding the Renter’s desired number of totes to its cart. Once the Renter has submitted its order on our website, STS will check availability of equipment and, if sufficient equipment is available, STS will send the Renter an email confirming the rental with further instructions as to next steps. For greater certainty, submitting an order on our website is NOT a guarantee of equipment availability. STS encourages all Renter’s to read the FAQ‘s on our website to better understand the rental process.

Payment

Payment is due IN FULL upon purchasing our services. Upon checkout on our website, the Renter must choose between e-transfer or credit card payment.

• If paying via e-transfer, the Renter will select e-transfer as its chosen method of payment. The Renter will then receive an email stating the order is “on hold” until payment has been received. STS will reserve the Renter’s order for twenty-four (24) hours after checkout, while waiting for the e-transfer to be received. If payment has not been received within twenty-four (24) hours, STS will cancel the Renter’s order. If payment is received within twenty-four (24) hours, STS will send the Renter an email confirming the rental, subject to equipment availability.
• If paying via credit card, the Renter will select credit card as its chosen method of payment. STS uses Stripe as a third party credit card payment processor and will not have access to the Renter’s credit card number, except for the last four (4) digits. Stripe accepts payment via MasterCard, Visa, American Express, and Discover. Upon checkout, a pre-authorization will be initiated for the full amount owing for STS’ services; however, this amount will not be processed until STS has checked equipment availability and confirmed the Renter’s order.

By agreeing to these Terms of Service, you hereby agree to pay all fees and charges specified on our website, including under these Terms of Service, for the services for which you purchase. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such tax that may be imposed on your use of the services. We will charge any fees or other payments you authorize to the account and credit card you designate. If payment is not received from your credit card or other payment method, you agree to pay all amounts due on demand by us. We reserve the right to change the fees for our services or charge a fee where one was not previously charged. All fees charged are final and non-refundable, except as explicitly set out herein.

Changes to Order

STS requests that Renter’s call, text, or email STS immediately upon requiring a change to its rental period or an increase to the amount of equipment ordered. STS will try to accommodate the change, subject to equipment availability.

• For requested changes to the rental period, if the length of the rental period is not changing but the dates are, STS will accommodate the change free of charge, subject to equipment availability. If the length of the rental is increasing, STS will accommodate the change upon payment of STS’ daily rate for equipment rental for the increased period and subject to equipment availability. If STS cannot accommodate the new dates and the Renter needs to cancel its order, STS will process the cancellation, subject to the cancellation policy.
• For requested changes to the amount or type of equipment, the Renter can request additional equipment. Subject to availability and upon payment for the additional equipment and delivery fees, if the original order has already been delivered to the Renter, the Renter will be emailed a link to schedule another Delivery, and will pay a delivery fee even if the Renter qualified for free delivery on their previous order. If the order has not been delivered yet, there will be no extra delivery charges and the Renter will just pay the difference.

Cancellation Policy

STS may offer a refund if the Renter cancels its order more than forty-eight (48) hours prior to its scheduled delivery time. For a successfully cancelled order, the full amount will be refunded to the Renter, LESS a five percent (5%) administrative fee. If a Renter cancels its order within forty-eight (48) hours, the Renter will not receive a refund, but will receive a STS credit for the amount of the order LESS a five percent (5%) administrative fee that can be used toward future rentals of equipment. If the Renter cancels its order after delivery of the equipment, there will be no refund or credit given to the Renter.

Delivery

1. If the delivery address is within our free delivery zone, there will be no delivery charge. For any delivery that resides outside of our free delivery zone, the Renter can expect charges as depicted on the Packages page.
2. Within seven (7) days of the commencement of the Renter’s rental period, the Renter must visit the Request a Delivery Time page to pay the damage deposit as well as select a Delivery date and time.
3. There may be occasions where STS is fully booked for delivery or where limited time options are available which may not coincide with the Renter’s preferences. In this case, at our sole discretion, STS may offer the Renter a free extra day and come the day prior to the rental period, subject to equipment availability.
4. STS will send an automated email reminder to the Renter twenty-four (24) hours prior to the scheduled one (1) hour window, so that the Renter is present for the delivery.
5. STS expressively reserves the right to change the Renter’s delivery date and/or time should an emergency or unforeseen circumstance arise and in no event shall STS be liable for any damages resulting from such change.

Pick Up

• If the pick up address is within our free pick up zone, there will be no pick up charge. For any pick up that resides outside of our free pick up zone, the Renter can expect charges as depicted on the Packages page.
• Right after booking their Delivery time, the Renter is able to choose their Pick up time. They may choose to wait to book this time if they do not know their schedule. When the Renter is ready, they may Request a Pick up Time.
• There may be occasions where STS is fully booked for pick up or where limited time options are available which may not coincide with the Renter’s preferences. In this case, at STS ‘sole discretion, STS may offer the Renter a free extra day and come the day after the rental period, subject to equipment availability.
• STS will send an automated email reminder to the Renter twenty-four (24) hours prior to the scheduled one (1) hour window, so that the Renter is present for the pick up.
• STS expressively reserves the right to change the Renter’s pick up date and/or time should an emergency or unforeseen circumstance arise and in no event shall STS be liable for any damages resulting from such change.

Refused Entry

If for any reason the Renter does not select a pick up date or time, refuses to allow STS to pick up the equipment or does not answer the door at the specified pick up address at the confirmed pick up time, there will be strict penalties for the Renter, as such equipment was likely required for another STS customer. STS shall be entitled to charge twice the typical daily rate for rental of the equipment per each day the equipment is held by the Renter after the end of the rental period. STS shall also be entitled to charge additional pick up fees at the rate specified above for each mile travelled in attempt to pick up the equipment. In the event that the pick up cannot be facilitated within fourteen (14) days from the end of the rental period, the Renter will be charged the full replacement fees for the equipment, as specified below.

Condition of Equipment

STS warrants that all equipment will be in satisfactory operating condition at the time of delivery, subject to reasonable wear and tear. Immediately upon delivery, the Renter is encouraged to carefully inspect the equipment to determine whether it has been damaged during delivery. The Renter shall inform STS within twenty-four (24) hours of delivery if any such damage is identified and STS may replace such equipment free of charge, with no extra delivery charges. If the Renter fails to notify STS of such damage within twenty-four (24) hours of delivery, the Renter shall be deemed to have accepted the equipment as being in acceptable operating condition.

Damage Deposit

Upon Requesting a Delivery Time, STS will process a damage deposit of $250.00 to the Renter’s credit card in order to encourage the Renter to take care of our equipment. If the Renter is not getting their order Delivered but are instead doing a self pick up, they may Request a Time after STS processes a damage deposit of $250.00 to the Renter’s credit card. This will result in pre-authorization to the Renter’s credit card, but the credit card will not officially be charged until STS determines the total amount of any fees to be charged to the Renter in accordance with these Terms of Service. For greater certainty, if the fees STS is entitled to retain from the damage deposit as set out herein exceed $250.00 , STS WILL BE ENTITLED TO CHARGE THE FULL VALUE of such fees to the credit card used to pay the damage deposit, and STS WILL NOT be limited to $250.00 in respect of same. There is no option to pay the damage deposit via e-transfer.  

Cleaning Fees

STS will have inspected, cleaned, and sanitized all equipment with our eco-friendly cleaner prior to delivery. Upon pick up of the equipment, the Renter is not required to clean the equipment; however, if STS determines, in its sole discretion, that there is excessive debris, dirt, or pet fur in or on the equipment, STS shall be entitled to charge a cleaning fee of $2.00 per piece of equipment, which shall be retained from the aforementioned damage deposit.

Replacement Fees

Proper care of the equipment during the rental period shall be the sole responsibility of the Renter. The following replacement fees shall apply in the event that the equipment is damaged, lost, stolen or not returned (regardless of whether such damage, loss or theft is due to the fault of the Renter):

• $125.00 per bin; and
• $150.00 per dolly

STS shall be entitled to retain the above fees from the aforementioned damage deposit; however, in the event that the damage deposit is not sufficient to cover the full replacement fees, STS shall be entitled to charge the full value of the replacement fees to the credit card on file. Equipment should always be left inside to avoid the chance of theft or damage. The Renter SHALL NOT use tape or labels on equipment other than the labels STS provides to the Renter, which may be placed on the totes. Such labels are only to be placed on the rough spot on the side of the bin below the handles and shall not be placed over the logo, as this will cause damage and may result in charges to the Renter.

No alteration to the equipment shall be made without the prior written consent of STS.

DISCLAIMER NOTICE – Exclusions and Limitations

By purchasing and/or using our services and/or equipment, you acknowledge and agree that there is a serious risk of injury and death in using such equipment, that you have satisfied yourself that you and all who will be using the equipment are physically, emotionally and mentally able to use our equipment and that the sole risk and responsibility for personal safety in the use of our equipment remains with you.

To the fullest extent permitted by law, we:

• exclude all representations and warranties related to STS’ website, services, equipment and their contents or which is or may be provided by any affiliates or any other third party, except such warranties explicitly set out herein; and
• exclude all liability for damages arising out of or in connection with your purchase and/or use of our services and/or equipment, including, but not limited to, for personal injury, death or property damage.

In no event will we be liable to you (and/or your heirs, executors or other representatives) for any special, indirect, incidental, consequential or punitive damages arising out of or in connection with our services, whether such liability arises from contract, warranty, tort (including negligence), strict liability or otherwise and whether or not we have been advised of the possibility of such loss or damage and by accepting these Terms of Service you hereby RELEASE and FOREVER DISCHARGE us of any claims, losses, damages, liabilities and expenses for the above, including, but not limited to, litigation expense, legal fees, damage, award or cost, of any form whatsoever arising out of or related to:

• (a) your violation of a provision of these Terms of Service; and
• (b) your purchase of and/or use of our services and/or equipment

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Further, by purchasing and/or using our services and/or equipment, you agree to INDEMNIFY us and to save and hold us harmless from any and all claims, losses, damages, liabilities and expenses, including, but not limited to, litigation expense, legal fees, damage, award or cost, of any form whatsoever arising out of or related to:

• (a) your violation of a provision of these Terms of Service; and
• (b) your purchase of and/or use of our services and/or equipment

Rules & Warnings

Due to the risk of injury, the following rules shall apply to all uses of the equipment:

• Totes shall not be stacked more than four (4) totes high when packed;
• Totes shall not be filled beyond the weight capacity of sixty-six (66) pounds;
• Children shall not be permitted to use the equipment;
• Animals shall not be placed on and/or in the equipment;
• Our services and equipment shall not be used for any purposes that are unlawful or prohibited by these Terms of Service; and
• The Renter shall be exclusively responsible for determining the appropriateness and ensuring the safety of how the equipment is lifted, carried and stacked and by whom.

Termination of Service

Your access to and/or use of our services and/or equipment may be terminated by us at any time in our sole discretion. The Renter hereby acknowledges and agrees that in the event of default hereunder or breach of any of the terms hereunder, STS shall be entitled to enter the premises where the equipment is located and remove same and that all costs owing to STS from the Renter hereunder, including, but not limited to all costs and expenses to recover the equipment (including legal fees), shall be immediately due and payable by the Renter to STS.

Force Majeure

We are not liable to you for any failure to perform any obligation which is due to an event beyond our control, including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

General

By purchasing and/or using our services, you represent that you are at least the age of majority in your state of residence. The laws of North Carolina and those of the United States of America are applicable therein and govern these Terms of Service. By purchasing and/or using our services, you consent to these Terms of Service and to the exclusive jurisdiction of the North Carolina courts in all disputes arising out of such use. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms of Service and the remaining terms will continue to apply. Our failure to enforce any of the provisions set out in these Terms of Service shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service or any part thereof, or the right thereafter to enforce each and every provision. These Terms of Service shall not be amended, modified, varied or supplemented except in writing and signed by us.

Notification of Changes

These Terms of Service were last amended on June 9, 2024 . STS reserves.the right to change these Terms of Service from time to time as they see fit and the Renter’s continued use of the services will signify their acceptance of any adjustment or amendment to these Terms of Service. The Renter is therefore advised to re-read this statement on a regular basis.

By purchasing and/or using our services you are deemed to have read, understood and agreed to the full Terms of Service contained herein. Further, as this website is hosted by WordPress, by accessing and using this website you are deemed to have read, understood and agreed to the WordPress/Automatic Terms of Service located at https://wordpress.com/tos and all other terms, policies, guidelines, agreements and/or addendums referenced therein. Further, as we use Stripe as our payment processor, by purchasing our services you are deemed to have read, understood and agreed to the Stripe Terms of Service located at https://stripe.com/en-ca/legal/checkout and all other terms, policies, guidelines, agreements and/or addendums referenced therein.