Terms of Service

Welcome to FlatRatePortaPotty.com. These Terms of Service ("Terms") govern your use of our website and the rental services provided by Flat Rate Porta Potty ("we," "us," or "our"). By using our website or placing an order, you agree to these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, please do not use our website or services.

1. Services Overview

Flat Rate Porta Potty arranges and coordinates the delivery, servicing, and pickup of portable sanitation equipment (porta potties, restroom trailers, handwash stations) and roll-off dumpsters through our network of local service operators.

We act as a broker and coordinator between you (the customer) and local service operators. While we vet our operators and manage the customer relationship, the physical equipment and on-site services are provided by independent local operators in your area.

2. Quotes and Pricing

Flat Rate Promise

We provide all-inclusive flat rate pricing. The price you are quoted includes delivery, standard servicing (for applicable rental periods), and pickup. There are no hidden fees, fuel surcharges, or environmental fees added after the fact.

Quote Validity

• Quotes are valid for 14 days from the date provided, unless otherwise stated.
• Pricing is based on information you provide, including ZIP code, equipment type, rental duration, and delivery date.
• If the actual conditions differ from what was described (e.g., inaccessible location, different equipment needs), pricing may be adjusted before or after delivery.

Additional Charges

While our flat rate covers standard service, the following situations may result in additional charges:

• Extended rental: If you keep equipment beyond the agreed rental period, daily extension rates apply. We will communicate these rates at the time of booking.
• Overweight dumpsters: Dumpster rentals include a specified weight allowance. Exceeding the weight limit will incur overage charges per ton, as communicated at booking.
• Prohibited materials: Disposal of hazardous or prohibited materials may result in additional fees, fines, or penalties passed through to you (see Section 6).
• Dry run / failed delivery: If delivery or pickup cannot be completed due to site access issues, obstructions, or other factors outside our control, a dry run fee may apply.
• Damage or loss: Repair or replacement costs for damaged, destroyed, or stolen equipment (see Section 7).

3. Ordering and Confirmation

• Orders may be placed by phone or through our website.
• An order is confirmed when you receive an Order Confirmation via email or text message.
• You are responsible for verifying the accuracy of all details in your Order Confirmation, including equipment type, delivery address, delivery date, rental duration, and pricing.
• If any details are incorrect, contact us immediately at (888) 405-7585 to make corrections.

4. Delivery, Placement, and Access

Delivery

• We will make every reasonable effort to deliver equipment on the agreed-upon date.
• Delivery windows are typically within business hours (Monday through Friday, 7am-5pm local time), unless otherwise arranged.
• Exact delivery times cannot be guaranteed. We will provide a delivery window and notify you of any significant delays.

Placement

• You must ensure the delivery location is accessible by truck and free of obstructions.
• Equipment must be placed on a firm, level, stable surface.
• You are responsible for obtaining any required permits for equipment placement on public property (streets, sidewalks, rights-of-way).
• We are not responsible for damage to driveways, lawns, landscaping, septic systems, underground utilities, or other property caused by equipment placement or removal. Placement of heavy equipment may cause surface damage, especially on soft ground.

Access for Servicing

For ongoing rentals requiring periodic servicing (e.g., weekly porta potty cleaning), you must ensure unobstructed access to the equipment on scheduled service days. If our operator cannot access the equipment, servicing will be attempted on the next scheduled visit.

5. Cancellation and Refund Policy

Cancellation by Customer

• More than 48 hours before scheduled delivery: Full refund, no cancellation fee.
• 24-48 hours before scheduled delivery: 50% refund. A cancellation fee of up to $75 may apply.
• Less than 24 hours before delivery or after delivery: No refund. If the equipment has already been dispatched, the full rental fee applies.

Cancellation by Us

We reserve the right to cancel an order if:

• Equipment is not available in your area for the requested dates
• The delivery location is inaccessible or unsafe
• Payment cannot be processed
• Severe weather or other force majeure events prevent safe delivery

If we cancel your order, you will receive a full refund.

Early Pickup

If you request pickup before the end of your rental period, no partial refund is provided for unused days unless otherwise agreed in writing.

6. Prohibited Materials (Dumpster Rentals)

The following materials are strictly prohibited from being placed in dumpsters:

• Hazardous waste, chemicals, solvents, pesticides, or herbicides
• Paints, oils, fuels, gasoline, or other flammable liquids
• Asbestos or asbestos-containing materials
• Batteries (automotive, lithium, lead-acid)
• Tires
• Electronics and appliances containing refrigerants (freon)
• Medical or biological waste
• Radioactive materials
• Explosives or ammunition
• Contaminated soil or absorbents

You are solely responsible for all costs, fines, penalties, and remediation expenses resulting from prohibited materials being placed in rented equipment. These costs will be charged to your payment method on file.

7. Equipment Care, Damage, and Loss

• You assume responsibility for rented equipment from the time of delivery until pickup.
• Equipment must be returned in the same condition as delivered, excluding normal wear and tear.
• You are responsible for the cost of repairing or replacing equipment that is damaged, vandalized, destroyed, or stolen while at your location.
• Intentional damage (including burning trash in dumpsters, spray painting, or using equipment for unauthorized purposes) will incur a minimum $1,500 charge plus actual repair or replacement costs.
• Do not overload dumpsters beyond the marked fill line. Overfilled containers create safety hazards during transport and may incur additional charges.
• Do not move equipment from its original placement location without our written approval.

8. Payment Terms

• Payment is due at the time of booking unless other arrangements are made.
• We accept credit cards and debit cards, processed securely through Stripe.
• By providing payment information, you authorize us to charge the agreed-upon amount plus any applicable additional charges described in these Terms.
• If your payment method is declined, we may suspend or cancel your service until payment is resolved.
• Past due balances may be subject to a late fee of 1.5% per month (18% annually) or the maximum allowed by Texas law, whichever is less.
• You are responsible for any collection costs, including reasonable attorney fees, incurred in collecting past-due amounts.

9. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claim arising from our services shall not exceed the total amount you paid for the specific rental giving rise to the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of business, property damage beyond the rental equipment, project delays, or loss of use.
• Equipment is provided "as-is" without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.
• We are not liable for damage to your property (driveways, lawns, landscaping, underground utilities) caused by equipment delivery, placement, servicing, or removal.
• We are not liable for delays caused by weather, traffic, road conditions, permit issues, or other circumstances beyond our reasonable control.

10. Indemnification

You agree to defend, indemnify, and hold harmless Flat Rate Porta Potty, its owners, officers, employees, agents, and service operators from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

• Your use of rented equipment
• Your breach of these Terms
• Prohibited materials placed in equipment
• Failure to obtain required permits
• Property damage or personal injury occurring at your site in connection with the equipment
• Any violation of applicable law related to your use of the equipment or services

11. Force Majeure

We are not liable for failure or delay in performing our obligations due to causes beyond our reasonable control, including but not limited to: natural disasters, severe weather, pandemics, government actions, strikes, transportation disruptions, equipment shortages, or utility failures. In such cases, delivery dates will be rescheduled to the earliest available date.

12. Dispute Resolution

Informal Resolution

Before filing any formal claim, you agree to contact us first to attempt to resolve the dispute informally. Most issues can be resolved quickly by calling us at (888) 405-7585 or emailing [email protected]. We will work in good faith to resolve your concern within 30 days.

Binding Arbitration

If we cannot resolve a dispute informally, you and Flat Rate Porta Potty agree to resolve any claims through binding individual arbitration, rather than in court. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

• Arbitration will take place in Travis County, Texas, or at another mutually agreed location.
• The arbitrator's decision is final and binding.
• Each party bears its own costs, unless the arbitrator determines otherwise.

Class Action Waiver

You agree that any dispute resolution will be conducted on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding against Flat Rate Porta Potty.

Small Claims Exception

Either party may bring an individual action in small claims court in Travis County, Texas, if the claim qualifies.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas.

14. Website Use

Intellectual Property

All content on this website, including text, images, graphics, logos, and design, is the property of Flat Rate Porta Potty and is protected by copyright and trademark laws. You may not copy, reproduce, distribute, or create derivative works from our content without written permission.

Accuracy of Information

We strive to keep all information on our website accurate and up to date. However, we do not guarantee the completeness or accuracy of any content. Pricing, availability, and service details are subject to change without notice. Your Order Confirmation represents the binding terms of your specific rental.

Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of any third-party sites.

15. SMS and Communication Consent

By providing your phone number, you consent to receive service-related communications from us, including:

• Order confirmations and delivery updates
• Service reminders and pickup scheduling
• Billing and payment notifications

We do not sell, rent, or share your phone number or SMS consent data with third parties for marketing purposes. You can opt out of non-essential communications at any time by replying STOP or contacting us. Opting out of service-related messages may affect our ability to coordinate your rental.

16. Modifications to Terms

We may update these Terms from time to time. When we make changes, we will update the "Last Updated" date at the top of this page. Continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify you via email or a website notice.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and your Order Confirmation, constitute the entire agreement between you and Flat Rate Porta Potty regarding the use of our website and services.

19. Contact Us

If you have questions about these Terms of Service, contact us:

• Phone: (888) 405-7585
• Email: [email protected]
• Contact Form: flatrateportapotty.com/contact
• Hours: Monday-Friday 7am-7pm CST | Saturday 8am-5pm CST