DS Services® delivers in the ZIP area Change

Service Agreement

1. Products and Services. "Customer," "you," and "your" mean the individual (first and last name) or company which you have entered into one of our iPad sales applications, provided to us via our websites or provided telephonically to a DS Services representative and which you have confirmed is correct and complete. "DS Services", "we," "us," and "our" mean DS Services of America, Inc. and, as appropriate, our representatives and personnel. By accepting the terms and conditions of this Service Agreement, you are agreeing to purchase from us, and agreeing that we are authorized to provide you with, the products, services and equipment which you authorized through your method of signup (i.e., via our iPad sales applications, websites or telephonically with a DS Services representative) and which you may order from us from time to time, in each case on the terms and conditions set forth in this Service Agreement, as this Service Agreement may be amended from time to time.
2. Orders and Delivery. You agree to lease our equipment and accept delivery of our products and services on a recurring basis in the amounts and as frequently as needed based on your initial orders and later either based on your specific orders or, if no specific orders have been placed, in a manner reasonably consistent with your previous orders. You agree that we are permitted to deliver products to each of the locations that you provided to us at signup and any additional locations that may be added at a later date, and you expressly authorize and agree that we may enter these locations to complete installation, delivery and pick-up. You agree to notify DS Services promptly of a change in your address.
3. Prices, Bottle Deposits and Other Charges. The initial prices for our products and services and any rent due for equipment we lease to you are the prices that have been provided to you via our iPad sales application, our websites or telephonically from our representatives and which you agreed to through acceptance of our service. Please note that we bill rent for our equipment in advance. You agree to pay a bottle deposit to us for each three- or five-gallon bottle we provide you, which bottle deposit will be refunded to you when you return any such bottle in good condition. We may charge you a variable Energy Surcharge each billing period, based on the Monthly U.S. Average On-Road Diesel Price as published by the U.S. Department of Energy, Energy Information Administration. For details, please go to https://www.water.com/bottled-water-energy-surcharge.jsf. We may charge you a fee for each invoice or other statement that we print and mail to you. We recommend that you sign-up to receive invoices from us in electronic form (what we call "e-Invoice") to avoid incurring these fees for paper statements. If you request us to replace any parts in any equipment you rent from us, we reserve the right to charge you a fee for such services. WE RESERVE THE RIGHT TO CHANGE THE PRODUCTS AND SERVICES WE OFFER, THE EQUIPMENT WE RENT, AND THE PRICES, BOTTLE DEPOSITS, FEES AND OTHER AMOUNTS WE MAY CHARGE YOU AT ANY TIME FOR ANY REASON.
4. Invoices and Payments. You are required to pay us for all products and services provided to you by us and for all equipment you rent from us, in each case plus applicable tax, as well as all other fees and charges set forth in this Service Agreement or that we may otherwise charge to you. We will provide you with an invoice for each billing period, which generally lasts 28 days. Payment is due by you no later than the due date set forth in such invoices. Your payment obligations shall be absolute and shall not be subject to the submission of any other information by us. You agree to pay a late fee to us up to the maximum amount permitted by applicable law for any amounts that you have failed to pay by the applicable due date. Maryland customers will be charged a late fee of 1.5% of the amount in default. You will be required to pay a returned check/ debit card fee of $25 for any check or debit card that is returned unpaid.
IF YOU CHOOSE TO PAY BY CREDIT OR DEBIT CARD IN A RECURRING MANNER (WHAT WE CALL "AUTOPAY"), YOU HEREBY AUTHORIZE US TO AUTOMATICALLY CHARGE THE CREDIT OR DEBIT CARD IN THE AMOUNTS AND BY THE DUE DATES REFLECTED ON THE INVOICES WE WILL PROVIDE YOU EACH BILLING PERIOD. IF YOU SIGNUP FOR AUTOPAY, YOU AUTHORIZE US TO PLACE A $50 AUTHORIZATION HOLD ON YOUR CREDIT OR DEBIT CARD. AN AUTHORIZATION HOLD IS A MEANS FOR US TO VALIDATE YOUR CARD. YOUR FINANCIAL INSTITUTION WILL RELEASE THE AUTHORIZATON HOLD WITHIN THIRTY (30) DAYS. YOU MAY CANCEL AUTOPAY AT ANY TIME BY CALLING US AT 1-800-492-8377.

IF YOU ARE A RESIDENTIAL CUSTOMER, YOU AUTHORIZE US TO RUN A CREDIT CHECK ON YOU BEFORE AGREEING TO PROVIDE YOU WITH SERVICE. SUBJECT TO OUR CREDIT STANDARDS, IN SOME INSTANCES, YOU MAY BE REQUIRED TO PROVIDE A SECURITY DEPOSIT OF $50.00 WHICH WILL BE REFUNDED AND/OR APPLIED TO ANY AMOUNTS OWED BY YOU UPON ACCOUNT TERMINATION.

YOU MAY REQUEST TO CHANGE YOUR METHOD OF PAYMENT AT ANY TIME THROUGH YOUR ONLINE ACCOUNT WITH US OR BY CALLING US AT 1-800-492-8377.
5. Equipment. We may be leasing our equipment to you. All of this equipment will remain our property and no amounts you pay us shall be applied toward the purchase of any such equipment. You, your personnel and any other person who you anticipate using our equipment are required to use and maintain our equipment in a safe and proper manner and in accordance with any operating, cleaning or maintenance instructions we provide you. You will not (a) remove any of our equipment from its intended location, (b) permit any other person to repair our equipment, or (c) alter or modify any of our equipment. For the safe and proper use of our equipment, you are required to only use products delivered by us in such equipment. You must notify us immediately if any equipment is lost, stolen, damaged or destroyed. You are solely responsible for selecting the location of the equipment and any property damage or personal injury resulting from the use of such equipment at the selected location.
6. Cancellation. WE WILL CONTINUE TO PROVIDE OUR PRODUCTS, EQUIPMENT AND SERVICES TO YOU UNLESS YOU CANCEL OUR SERVICE. YOU MAY CANCEL OUR SERVICES AT ANY TIME BY CALLING US AT 1-800-492-8377. NO TERMINATION FEES WILL APPLY; HOWEVER, YOU MUST PAY FOR ALL PRODUCTS AND SERVICES ORDERED AND RECEIVED, ALL EQUIPMENT LEASED, AND ALL APPLICABLE FEES AND CHARGES, UNTIL YOUR CANCELLATION BECOMES EFFECTIVE. AFTER NOTIFYING US YOU WISH TO CANCEL OUR SERVICES, YOU AGREE TO MAKE ALL BOTTLES AND EQUIPMENT WE HAVE PROVIDED TO YOU AVAILABLE FOR US TO PICK UP AS INSTRUCTED BY US IN EACH CASE IN GOOD CONDITION, NORMAL WEAR AND TEAR EXCEPTED. YOU WILL FORFEIT ANY BOTTLE DEPOSITS AND BE RESPONSIBLE FOR THE REPLACEMENT COST OF ANY EQUIPMENT IN EACH CASE THAT YOU FAIL TO MAKE AVAILABLE FOR US TO PICK UP IN EACH CASE IN GOOD CONDITION, NORMAL WEAR AND TEAR EXPECTED.
7. Limitation of Liability. WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE PRODUCTS, EQUIPMENT AND SERVICES WE PROVIDE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACCEPT ALL PRODUCTS, SERVICES AND EQUIPMENT AS IS, WHERE IS AND WITH ALL FAULTS. Our liability to you shall be limited to repairing or replacing defective products or equipment or re-performing the subject services. Under no circumstances shall we be liable to you or any other party for any monetary damages and we expressly disclaim any liability for consequential, incidental, special, punitive or other types of damages. If we are ever held liable to you for monetary damages, these damages shall be capped at an amount equal to the payments made by you to us for the three (3) billing periods preceding such assessment of liability. We are not responsible or liable for any costs, expenses, claims or other liability related to any damage, loss or change to your personal property, home or office, or for any personal injury to you or any other person, resulting from the installation, maintenance, use or removal of our products or equipment. You will indemnify and hold us harmless for any and all claims, damage, injury, costs, liability, expense (including reasonable attorneys' fees) or other loss suffered or incurred by us in connection with this Service Agreement except for any of such that results from our gross negligence or misconduct.
8. Notices. You hereby agree that any notifications or communications we may provide you in connection with this Service Agreement or any products, equipment or services you receive from us may be provided on your invoices, via e-mail or other means reasonably likely to reach you.
9. Dispute Resolution. If there is any dispute, controversy or claim which arises out of or relates to this Service Agreement or the provision of services by DS Services, you agree to resolve such dispute by binding arbitration in accordance with the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association. You understand and acknowledge that by agreeing to binding arbitration, you are giving up the right to litigate (as a party or class member) all disputes in court before a judge or jury. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against DS Services, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse you your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. If the arbitrator rules in our favor, we will not seek reimbursement of our attorney's fees and costs, regardless of who initiated the arbitration. WE EACH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION.
10. General. WE MAY CHANGE THE TERMS OF THIS SERVICE AGREEMENT AT ANY TIME, WHICH UPDATED TERMS AND CONDITIONS WILL BE POSTED ON OUR WEBSITE. THIS SERVICE AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA. The terms of this Service Agreement may only be waived or amended in writing. Failure or delay in exercising any right will not be a waiver. We may assign this Service Agreement and any of our rights under it to a third party without notice. You may not assign this Service Agreement and any such assignment will be null and void. If any provision of this Service Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. No terms or conditions in any purchase order, order acceptance or any other document issued by Customer shall bind DS Services.