1. FEES FROM CANCELLATION, NO-SHOW, NON-PREP, AND NON-PAYMENT. EcoLiving requires a 24 hour notice for the cancellation of a scheduled and confirmed appointment. A strict no-show/cancellation fee of $75 will be charged to Customer in the event of: 1.) Customer does not show up for their scheduled appointment, 2.) Customer is not properly prepared for treatment, or 3.) Customer does not cancel scheduled appointment within the appropriate time frame. This fee will be due before EcoLiving reschedules an appointment. If there is no future appointments scheduled, this fee shall be billed to Customer for immediate payment. Customer agrees that all payments are due in full at the start of service, unless otherwise stated and made aware on the front of this agreement. If, for some reason, payment is denied/insufficient, EcoLiving will charge an in-house $12.00 finance charge for every 7 days of non-payment. If payment is denied/insufficient, Customer will also be responsible for any and all bank related fees for denied/insufficient payment(s). When the account is determined to be severely delinquent, any applicable termination fees will be added to the outstanding balance as well as reasonable collection fees. The account may be placed with an attorney for collection and customer will be responsible for any and/or all court costs. Customer’s failure to make payment in full in a timely manner shall terminate this agreement in its entirety immediately without further notice or action by EcoLiving and discharges EcoLiving from any obligation to Customer. For larger services granting payment plans, Customer understands that the full service price is for the initial treatment and follow-up treatments. This full price is still due to EcoLiving even if the full service is not complete. Any remaining balance on payment plans must be paid within fourteen (14) business days of the initial treatment. Residential customers are Net 14, and will receive a $12 per 7 days late fee for not paying on time. Commercial (including landlords) are Net 30 and will receive a $48 per 30 days late fee for not paying on time per each unpaid invoice. Let it be known that EcoLiving Pest Solutions can recover any and all late fees, rescheduling fees, no-show fees, cancellation fees, and insufficient fund fees in the form of collections, attorney, property liens or any other mean of collecting.
2. AREAS SERVICED. Customer agrees to provide access to the structure at the scheduled time of service. In the event EcoLiving is denied access to the interior of the structure when needed for service or Customer is not available at time of scheduled service, EcoLiving will not provide treatment and Customer agrees to pay a rescheduling fee for a return visit to provide treatment of the structure.
3. CHEMICAL SENSITIVITY. If Customer or other occupants of the structure(s), or adjacent buildings, believe they are or may be sensitive to pesticides or their odors, or if Customer or other occupants have consulted with a medical doctor, or other healthcare providers, regarding such sensitivity, Customer must notify EcoLiving in writing, in advance of treatment of the structure(s). EcoLiving reserves the right, upon receipt of such notification, to deny or terminate service. Failure to provide such notification represents Customer’s assumption of risk and waiver of any claims against EcoLiving in connection with such sensitivity. EcoLiving will not be held liable if any such reaction(s) are to occur to any/all occupants on the premises during and/or after treatment.
4. RE-ENTRY LIABILITIES. For certain treatments, Customer understands there is a time frame for re-entry on service structure. EcoLiving requires Customer to be out of service structure during full treatment with no re-entry at any time. Customer also understands the minimum time frame to be out of Customer’s home after EcoLiving completes Customer’s service is: 1.) 4 hours for bed bugs, 2.) 2 hours for fleas, 3.) 2 hours for cockroaches. Going inside of the service structure before that time frame is at the Customer’s discretion, and EcoLiving is not liable for any/all complications associated.
5. SPECIFIC EXCLUSIONS. Contract does not cover and EcoLiving will not be responsible for: 1) Expenses related to the replacement of linen, upholstery, furniture, mattress, soiling or related costs; 2) Expenses related to medical evaluation or treatment for symptoms associated with pest(s) or rodent(s); 3) Damages or expenses for any claim of personal injury related to an infestation of pest(s) or rodent(s); 4) Loss of income claimed to be related to any pest(s) or rodent(s) or associated illnesses; 5) Customer’s temporary or permanent relocation expenses; or 6) Additional exclusions: These specific exclusions are in addition to the other exclusions contained in Contract.
6. PAYMENTS. Customer agrees that all payments are due in full at the start of service, unless otherwise stated and made aware on Contract. If, for some reason, payment is denied/insufficient, EcoLiving will charge fees and in accordance to Section 1 of Contract Terms.
7. CUSTOMER’S OBLIGATIONS. Customer agrees to maintain the premises subject to Contract in a condition, which does not promote infestations by pest(s) or rodent(s) (ex. providing access to dog/cat food/bird food, excessive clutter in and around the home). Specifically, Customer agrees, to maintain the premises in a reasonably clean and sanitary condition, and to keep the structure in such a state of repair so as to avoid providing easily accessible means of access to pest(s) or rodent(s). Customer further agrees to strictly adhere to the required management techniques as prescribed in the instruction provided by EcoLiving, attached hereto and incorporated herein as if fully set forth herein.
8. PERFORMING THE WORK. EcoLiving will perform the work in a workman-like manner. EcoLiving will exercise reasonable care while performing any work hereunder to try to avoid damaging any part of the structure(s), plants or animals. Under no circumstances or conditions shall EcoLiving be responsible for damage caused by EcoLiving at the time the work is performed except those damages resulting from gross negligence on the part of EcoLiving. Customer understands and permits EcoLiving to disassemble beds, bed frames and suspect furniture, and to remove dust covers from base of box springs, in order to properly inspect and treat for any infestation that deem it necessary.
9. TERMS. Let it be known that “EcoLiving”, “us”, and “we” refers to the professional pest control company, EcoLiving Pest Solutions. Let it be known that “Customer”, “they”, and “their” refers to the customer listed under ‘Customer and Location’ on the front of this agreement. “Service Address” and “Service Structure” refers to the service location in which treatment will be performed. “Agreement” and “Contract” refers to this entire agreement.
10. CHANGE IN LAW. Contract shall be interpreted, regulated and adjudicated in accordance with applicable federal, state and local laws and regulations as they exist at the time Contract is executed. Should any federal, state or local law or regulation be changed regarding EcoLiving services or treatment, EcoLiving may take whatever steps are necessary to comply with said laws.
11. LIMITS OF LIABILITY. Although EcoLiving will exercise reasonable care in performing services under Contract, EcoLiving will not be liable for injuries or damage to persons, property, birds, animals or vegetation, except those damages resulting from gross negligence by EcoLiving. EcoLiving is not be liable for injuries or damages to persons, property, birds, animals, other pets, or vegetation, except those damages resulting from gross negligence by EcoLiving Pest. Customer agrees that EcoLiving will not be held responsible for animals (fish, amphibians, reptiles, arthropods, etc.) that are left within the premises during treatment. Further, under no circumstances will EcoLiving be responsible for any injury, disease or illness caused, or allegedly caused, by bites, stings or contamination of insects, spiders, rodents, or beetles, or any other pest(s). EcoLiving’s representatives are not medically trained to diagnose bites, illnesses, or diseases. Please consult your physician for any medical diagnosis. To the fullest extent permitted by law, EcoLiving will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages whatsoever, including consequential and incidental damages, arising from this service. EcoLiving’s liability is specifically limited to the labor and products necessary to help reduce pest populations.
12. BANKRUPTCY. The liability of Customer shall be in no way affected by: 1.) the release or discharge of Customer in any creditors’ receivership, bankruptcy or other proceedings, 2.) the impairment, limitation or modifications of Customer’s liability under Contract resulting from the operation of any preset or future provisions of the federal bankruptcy laws, or other statue, or from the decision of any court, 3.) the rejection or disaffirmance of Contract in any such proceedings, 4.) the assignment or transfer of Contract by Customer, or 5.) any disability or other defense of Customer.
13. TERMINATION. EcoLiving’s liability under Contract will terminate and EcoLiving will be excused from the performance of any obligations under Contract should: 1.) Customer allow another pest control operator and/or EcoLiving to treat the subject structures(s) during any term hereof, 2.) Customer utilize any home remedy products, “do-it-yourself” products, over-the-counter products or any chemicals to eradicate bed bugs, termites, insects, spiders, beetles, or rodents that could cause a negative resolution or chemical reaction, 3.) EcoLiving is unable to perform full service which includes follow up services in a corrective time frame or due to Customer cancelling any part of full service, 4.) Customer does not pay within the correct amount of time, or 5.) EcoLiving be prevented or delayed from fulfilling its responsibilities under the terms of Contract by reasons or circumstances reasonably beyond EcoLiving’s control, including, but not limited to, acts of war, whether declared or undeclared, acts of any duly constituted government authority, strikes, acts of God, or refusal of Customer to allow EcoLiving access to the structure(s) for the purpose of treatment or carrying out the terms and conditions of Contract, or Customer’s failure to strictly adhere to the required management techniques as prescribed in the Pest Management Conducive Conditions Report or Prep Work Sign Off. If Contract is terminated due to actions above, EcoLiving’s Guarantee will be terminated as well.
14. NOTICE OF CLAIMS, ACCESS TO PROPERTY. Any claim under the terms of Contract must be made immediately in writing to EcoLiving. EcoLiving is only obligated to perform under Contract if Customer allows the EcoLiving access to the identified structure for any purpose contemplated by the Contract, including but not limited to re-inspection, whether the inspection was requested or considered necessary by Customer or required by Contract and requested or considered necessary by EcoLiving.
15. SEVERABILITY. In case any one or more of the provisions contained in the Contract shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of Contract, and Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
16. TRANSFERABILITY. Contract will terminate upon transfer of ownership of the described structure(s). However, EcoLiving, at its discretion, may transfer Contract to a new purchaser provided the new customer signs a transfer addendum, pays a fee to cover the administrative cost of the transfer and pays the renewal as established by the EcoLiving. Upon transfer of Contract to a new owner at the discretion of the EcoLiving, Contract shall thereafter provide for the retreatment of the covered structure only.
17. MEDIA RELEASE. Customer authorizes EcoLiving the ability to take pictures and/or videos for media and/or advertising purposes. These purposes are subject to use in: Social Media, Website Advertising, Fliers, Brochures, or any other advertising matter.
18. REFUNDS AND EQUIPMENT. Customer understands that EcoLiving follows a strict no-refund policy on any and all used or opened materials, such as bait stations, decoys, or any other materials used for the purpose of the attempted exterminating or detouring of pest(s), rodent(s), or wildlife at the service structure on Contract. Customer also understands that all equipment placed in home is property of EcoLiving, and must be returned on completion or termination of Contract.
19. GUARANTEE. Service guarantee varies based on service provided. General Pest Recurring Service shall be guaranteed for the life of Contract. One-Time General Pest and Specialty Pest Service shall be guaranteed for 30 days. Bed Bug Service shall be guaranteed for 90 days beginning at Initial. Flea Service shall be guaranteed for 45 days beginning at Follow Up. Guarantee lengths are subject to change. Once service is terminated or cancelled, so is your guarantee.
20. CHOICE OF LAW. Contract shall be constructed and enforced in accordance with the laws of the State which the structure is located.
21. BINDING ARBITRATION. Customer and EcoLiving agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of this contract or to the treatment of or rendering of services to the identified property in any way, whether by virtue of contract, tort or otherwise, shall be settled exclusively by arbitration. The arbitrator shall be a licensed legal representative, independent, mutually agreed upon, and to the greatest extent possible, be knowledgeable in pest control and building construction matters by education, experience, licensing and training to deal with the issues and claims presented. The arbitrator shall give effect to any and all waivers, releases, disclaimer, limitations and other terms and conditions of Contract. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration provision or of the arbitrator’s decision and a party violating this provision shall pay the other party’s costs, including but not limited to, attorney’s fees, with respect to such suit and the arbitration award shall so provide.
22. LIMITATIONS OF WARRANTY. Customer agrees that treatment being provided is intended to help reduce the population of pest(s) listed in Contract. Let it be known EcoLiving does not guarantee the elimination of pest(s) listed on the front of this agreement nor does EcoLiving guarantee against the present or future presence of those such pest(s). EcoLiving cannot and not not warrant against re-infestations of pest(s) listed in Contract. Further, EcoLiving will warrant its remedial treatments only, and only if customer fully complies with the terms and conditions of Contract, and if Customer fully and strictly adheres to the required management techniques as prescribed in the Pest Management Conducive Conditions Report or Prep Work Sign Off, or any additional related documents. Customer understands and agrees that oral statements do not constitute service agreements and are not binding on EcoLiving. Technicians and Salesmen of EcoLiving are not authorized to make warranties about the services described in Contract and do not constitute warranties and shall not be relied upon by Customer as they are not part of Contract.