Service Terms and Conditions
By continuing services with Preventive Pest Control, all customers agree to the following terms and conditions regarding services.
- PEST(S) TO BE CONTROLLED– See above.
- FUTURE DAMAGE, LIMITATION OF LIABILITY
- This agreement does not guarantee against present or future insect damage to buildings or contents, nor provide for repair or compensation.
- This agreement does not provide for the control or prevention of termites, powder post beetles, wood borers, carpenter ants, carpenter bees, wood wasps, wood decay fungus or any other pests not indicated herein. Customer expressly waives and releases Preventive Pest Control, hereinafter called COMPANY, from liability for any claim for personal injury or damages to the structure or its contents caused by wood infesting organisms, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees or other pests listed on this contract.
- COMPANY does not guarantee the elimination of bed bugs nor does COMPANY guarantee against the present or future presence of bed bugs or other insects. COMPANY is not liable for any actual or consequential damages to the property or contents sustained by customer as a result of bed bugs or other insects. COMPANY is not liable for any form of repairs to buildings or contents. COMPANY is not liable for any injury or damages resulting from contact with any product used by COMPANY to treat the COMPANY’s liability under this agreement is limited to the amount paid by customer to COMPANY for the services rendered.
- AUTOMATIC PAYMENT PLAN – If the customer has elected to enroll in Automatic Payment (Auto-Pay) customer hereby authorizes COMPANY to automatically withdraw funds (Electronic Funds Transfer) from customer’s Credit Card/Debit Card/ACH account provided by the Customer. Customer understands that the entire amount due on their account will be charged after the service has been rendered. In the event of an incorrect amount or entry, customer authorizes the COMPANY to reverse the transaction. This authorization is to remain in full force and effect until COMPANY has received written notification from the customer of its termination in such time and in such manner as to afford COMPANY a reasonable opportunity to act on it. Cancellation of (Electronic Funds Transfer) does not cancel the pest control service Written notices of such requests need to be sent to COMPANY.
- FEES – The customer agrees to pay all attorneys fees, court costs, filing fees, and all collection costs. Up to 50% of amount owing may be assessed by any collection agency retained to pursue the matter. The customer further agrees to pay interest at the rate of 2% per month (24% per year). In addition, for every statement sent to a past due account, a $3.00 rebilling fee will apply.
- Any appointment that is scheduled with a specific time frame and the customer is not available, or appointments requiring preparation that are not prepared at the time of service, will incur a $15 missed appointment fee.
- Any appointment that is more than one service out-of-cycle (i.e. a monthly service that has not been serviced in more than 60 days) will incur an additional fee of 50% for additional time needed. Services that are more than three services out-of-cycle will be treated as a new program and subject to the Initial Service Charge that is applicable at that time.
- CANCELLATION – Cancellation of this agreement must be in writing and prior to 30 days of the next scheduled service. Cancellation of this agreement prior to the completion of required number of paid services will result in a contract termination fee equal to 60% of remaining contract value.
- DISCLAIMER – COMPANY’s liability under this agreement will be terminated if COMPANY is prevented from fulfilling its responsibilities under the terms of this agreement by reason of delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fire, floods, quarantine restrictions, earthquakes, hurricanes or any other act of God or circumstances or cause beyond the control of COMPANY. COMPANY DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE GUARANTEES STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- ARBITRATION – The purchaser and COMPANY agree that any controversy or claim between them arising out of or relating to this agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules then in force of the American Arbitration Association. The decision of the arbitrator shall be final and binding resolution of the disagreement which may be entered as a judgment of the arbitrator’s decision. Neither party shall sue the other where the basis of the suit is the agreement other than for enforcement of the arbitrator’s decision. In no event shall either party be liable to the other for indirect, special, or consequential damages or loss of anticipated
- UPON REQUEST, COMPANY WILL PROVIDE THE PURCHASER WITH A COPY OF THE MANUFACTURER’S SPECIMEN LABEL OF THE PESTICIDE(S) WHICH WILL BE USED TO TREAT THE PREMISES.