Terms and Conditions
- Term: This is a twelve-month agreement, unless otherwise specified in the Length of Service Agreement Section, between Protec Pest Control Services (“Company”) and the Customer. After the initial term of this agreement, Company will continue to provide Regular Services according to the Service Schedule until either party cancels this agreement by giving 30 days written notice. Company reserves the right to increase the Regular Service Charge annually after 12 months from the date of this Service Agreement.
- Service: Company will provide pest control service for twelve months or longer as specified under the terms and conditions of this agreement. This agreement does not guarantee, and Company does not represent, that covered insects will not return to the Property, nor does Company guarantee complete elimination of pests. Following the initial service, the Customer will be given a regular service day, and the Customer agrees to make the premises available for service. If no one is home on the regular service day, Company will service the outside of the home and leave a record of service for Customer.. Customer agrees to pay the normal charge for this outside service. Company will service the inside of the house at no additional charge if requested by Customer. In instances where Company is unable to access parts of the structure due to locked or blocked gates, aggressive animals or other preventative measures, Company reserves the right to treat areas only accessible by regular means.
Notification of areas not treated will be included in the Appointment Record and Customer is responsible for contacting Company and scheduling a reservice to complete treatment.
- Customer Obligations: Customer understands that results of service are relative to and dependent upon the cooperation of the Customer as to housekeeping, sanitation, maintenance, and accessibility of areas to be serviced. Customer agrees to cooperate with Company as reasonably necessary to facilitate treatment and control.
- Service Exclusions: Customer understands that this Agreement does not include the control or prevention of wood infesting organisms such as termites, powder post beetles, wood borers, carpenter ants, carpenter bees, wood wasps, or wood decay fungus. Agreement does not include bed bugs or cockroaches but may be treated with additional costs to customer. Customer understands that this agreement does not include treatment for any mold or mold-like conditions, which is outside the scope of the intended treatment. Company will treat wasp nests on Customer’s home, however, Customer understands that this agreement does not guarantee for flying insects.
- Payment Detail: If Customer fails, for any reason, to make any payment within 30 days from the due date, Company, at its option may discontinue its services and start collection proceedings. Upon failure to make such payment, the Customer agrees to pay all costs of collection, including a reasonable attorney’s fee. Customer will be assessed $5 late fee in addition to the original invoice amount for every 30 days from due date. Further, Customer agrees that if any of Customer’s payments become delinquent, Company is authorized to electronically debit any account that Customer has used for payment to Company or any account that Company has on record for Customer to make any such delinquent payments including applicable late fees, according to the authorizations and conditions of Section 9 of this Agreement.
- Waivers: Customer expressly waives and releases Company from liability for any claim for personal injury (including stings, bites or illnesses) or property damage (to the structure or contents) caused by wood destroying organisms, vole, mice, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees or other pests listed on the Agreement. Customer waives any claim for damage or injury unless made in writing within one (1) year of treatment or incident. EXCEPT AS OTHERWISE PROHIBITED BY LAW COMPANY DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, STIGMA AND/OR LOSS OF ENJOYMENT DAMAGES. THE OBLIGATION OF COMPANY SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- MANDATORY ARBITRATION: Company and Customer agree that any claim, dispute or controversy (“Claim”) between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement, including but not limited to any tort or statutory Claim, shall be resolved by neutral binding arbitration by the American Arbitration Association (“AAA”), under the rules of AAA in effect at the time the Claim is filed (“AAA rules”). Any arbitration hearing at which the parties appear personally will take place at a location within the United Sates federal judicial district in which Customer resides. AAA Rules and forms may be obtained and all claims shall be filed at any AAA office, www.adr.org or by calling 1-800-778-7879. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses; the arbitration fees and arbitrator compensation shall be payable as provided in the AAA Rules. However, for a Claim of $15,000 or less brought by Customer in his/her/its individual capacity, if Customer so requests in writing, Company will pay Customer’s arbitration fees and arbitrator compensation due to the AAA for such Claim to the extent they exceed any filing fees that the Customer would pay to a court with jurisdiction over the Claim. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows; any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or private attorney general action. The foregoing prohibition on consolidated, class action and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration agreement or of the arbitrator’s award. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.
- Chemical Information Warning: Virtually all pesticides have some odor which may be present for a period of time after application. If you or any member of your household believes you have sensitivity to chemical odor or chemicals, Company recommends that you not have an initial or subsequent service performed at your premises until you have consulted with your family physician. At your request, Company will provide information about the chemicals to be used in treating the premises.
- Automatic Payments: With Company’s Automatic Check and Automatic Card Options, following Customer’s Initial Service or Regular Services the Customer’s credit card, checking account, or bank check card (displaying the Visa or MasterCard logo) will be automatically charged. If Customer has selected a monthly automatic option, after the Customer has paid for the first 2 services, the Regular Service Charge will be divided into monthly amounts and the prorated amount will be billed on the first day of each month, starting the month after the second treatment. In the Payment section of this Agreement, if either the Automatic Check Option or the Automatic Card Option has been selected, Customer authorizes Company to initiate debit entries against Customer’s credit card, checking account or bank check card account listed herein for the regularly scheduled services performed as listed in this Agreement and according to the terms and conditions of this agreement. Customer authorizes the credit card, the checking account or the bank check card company to accept any debit entries initiated by Company to be debited from the Customer’s account. Further, Customer authorizes the credit card, the checking account or the bank check card company listed in this Agreement to tender payment to COMPANY for services rendered, when it is charged, and to post the payment to Customer’s account. Customer has the right to cancel this automatic payment authorization by submitting to Company written notice 30 days in advance of the intended termination of this authorization. This authorization will remain in effect until Company has received that written notification of termination. It is the Customer’s responsibility to copy or notify the credit card, the checking account or bank check card company if this authorization is cancelled. Cancellation of the automatic payment authorization does not cancel this Pest Control Service Agreement or the Customer’s responsibilities there under.
- Assignment: This Agreement may not be assigned in whole or in part by Customer. Customer agrees that Company may assign or subcontract all or any portion of this Agreement, as well as the Automatic Payment Agreement in Section 9 of this Agreement, without notice to Customer and any such assignee or subcontractor shall be entitled to the rights, benefits, privileges and protection afforded to Company under the terms of this Agreement.
- Entire Agreement: Customer acknowledges that the only terms and conditions of this agreement are those stated within this document and that there are no other terms, written or oral, or provisions which apply other than those printed herein. If any provisions or portions thereof, of this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part of this Agreement.