Pest Czar Terms & Conditions
(You, The Customer, agree to these terms and conditions by one of the following - signing our service proposal, stating you agree to our service proposal verbally or in writing, providing us with your credit card info or by signing your completed service ticket. Terms and conditions may be updated on our website at any time.)
1. CUSTOMER'S COOPERATION. The Customer must allow Red Owl Pest Control, LLC dba Pest Czar access to and around the identified property for any purpose contemplated by the Service Agreement. If Pest Czar cannot gain access to the treatment areas during appointments that are agreed upon, the Customer may be charged a no show fee or charged for re-service appointments. The Customer's cooperation is important to ensure the most effective results from Pest Czar. Whenever conditions conducive to the breeding, entry and harborage of pests are reported and documented by Pest Czar, and not corrected by the Customer, Pest Czar cannot ensure satisfactory results. If the conditions noted by Pest Czar are not corrected as required, the frequency of service may be adjusted and / or all guarantees in this agreement will automatically terminate and be canceled.
2. CANCELLING APPOINTMENTS / NO SHOWS. Pest Czar may ask the Customer for their credit card information when making an appointment. Pest Czar will charge this card $25 if customers fail to appear at any scheduled appointment or if they do not provide 12 hour notice of cancellation/rescheduling. This cancellation/no-show fee applies to customers who schedule free inspections as well.
3. INSURANCE / LABELS. Pest Czar will submit a copy of the Business License and the Certificate of Insurance upon request. Pest Czar will, upon request, provide the Customer with a copy of the MSDS sheets and / or label for the pesticide(s) which will be used to treat the premises.
4. NOTICE OF CLAIMS. Any claim arising out of this Agreement must be made in writing by the Customer to Pest Czar during the term of this Agreement. This Agreement and these Terms and Conditions constitute the entire Agreement between the Customer and Pest Czar and no other representations of statements will be binding upon the parties.
5. TERMS OF AGREEMENT. This agreement will be extended month to month. Both parties may cancel the service agreement at any time with 30 days written notice. If the Customer cancels a 12 month agreement, the Customer must pay a cancellation fee equal to any discount they may have received when first signing the Agreement. There is no cancellation fee if the customer did not receive a discount unless the Agreement states otherwise. Once the Customer agrees to ongoing service (ie monthly/quarterly, etc). Pest Czar will make the best effort to contact the Customer to schedule and confirm their next ongoing service. Pest Czar will perform services according to the frequency outlined in the proposal, and may inspect and perform exterior services for accessible areas at the Customer’s property if Pest Czar does not have access to the interior of the property at the time of service.
6. NON-PAYMENT / DEFAULT. Payment is due within 14 days of service unless otherwise specified and agreed by both parties in writing. Interest shall accrue on any invoices not paid within 30 days at the rate of 12% per annum, from the date of the invoice. If the Customer provided their credit card information to be saved on file, Pest Czar may charge that card for outstanding balances if no payment is received within 14 days of the service rendered and agreed upon. In case of non-payment or default by the Customer, Pest Czar has the right to suspend or terminate this agreement. If Pest Czar hires counsel to pursue the collection of any unpaid balances, the Customer is responsible to pay Pest Czar’s reasonable attorney's fees in the amount of no less than 15% of the principal balance owed, and any costs related there to, regardless if litigation is initiated.
A. FORCE MAJEURE. The liability of Pest Czar under this agreement will be terminated if Pest Czar is prevented from fulfilling its responsibilities by reason of delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fire, floods, quarantine restrictions, earthquakes, hurricanes or any other cause or circumstances beyond the control of Pest Czar.
B. DAMAGE. Pest Czar is not responsible and does not guarantee against past, present, or future damage to any structure or contents, or provide for the repair or replacement thereof. Pest Czar cannot be responsible for medical payments or injuries, domestic animals, stains and discolorations or causes beyond reasonable care, except those by acts of gross negligence on the part of Pest Czar.
C. CHANGE IN LAW. Pest Czar performs services according to federal, state, and local laws. Should a change in the existing law occur, Pest Czar reserves the right to revise the service charge or terminate the agreement.
D. OTHER INSECTS/ORGANISMS. This agreement does not provide for the control of termites, wood boring insects, fungi, mold/mildew, wild animals, or any pest not specified in the Agreement.
E. CHEMICAL SENSITIVITY. If the customer or other occupants in or around the structure(s) believe they are or may be sensitive to pesticides/insecticides or their odors, the Customer must notify Pest Czar in writing prior to installation or treatment, and must include information on whether Customer or occupants have consulted with a licensed medical doctor or other healthcare provider regarding such sensitivity. Pest Czar reserves the right, upon such notification, to deny or terminate service. Failure to provide notification represents Customer’s assumption of risk and waiver of claims against Pest Czar in connection with any chemical sensitivity.
8. MANDATORY ARBITRATION. Other than for the collection of unpaid invoices, the Customer and Pest Czar agree that any controversy or dispute between them arising out of or relating to the interpretation, performance or breach of any provision of this agreement, shall be settled exclusively by arbitration. The arbitration award shall be final and binding on both parties.
9. GUARANTEE OF CUSTOMER SATISFACTION / WARRANTY. If the Customer is not satisfied with the results of any service, Pest Czar will, during the Warranty Period as indicated in this Agreement, return to treat the area as a re-service. Pest Czar typically offers free re-services for most residential Agreements but may charge for re-services according to what is stated in the Agreement. The Warranty Period is that period of time following a one-time (corrective) service and, for ongoing (maintenance) service - the time between one regularly scheduled service to the next. The Customer should allow sufficient time after a service for the material to take effect, typically 14 days. Cancellation or termination of the regularly scheduled service shall cancel any and all warranties. Warranty, if any, is granted subject to timely payment in full for the services provided, and Pest Czar's liability under any warranty under this Agreement is limited to re-treatment only. All sales, including pre-payments, are final, no refunds.
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