For the terms and conditions EVERGREEN PEST SOLUTIONS LLC. Will be referred to as EVERGREEN.
1. FUTURE DAMAGE. EVERGREEN is not responsible for and does not guarantee against present or future damage to the building or contents, or provide for the repair or replacement thereof. This agreement does not provide for the control of termites, fungus, beetles, or any other pests not indicated herein. This plan does not guarantee, and EVERGREEN does not represent, that covered insects will not return to the Property.
2. PURCHASER RESPONSIBILITY. Your cooperation is important to ensure the most effective results from EVERGREEN service. Whenever conditions are conducive to the breeding and harborage of pests are reported in writing by EVERGREEN, and not corrected by you, EVERGREEN cannot assure satisfactory service if conditions noted by EVERGREEN are not corrected as required, all guarantees in this agreement shall automatically terminate and be canceled, Further, additional treatments in areas of such conditions that are not corrected shall be paid for by the customer as an extra service charge.
3. SERVICE. EVERGREEN will provide Pest Control services under the terms and conditions in this agreement, consisting of one service every three months and additional treatments as deemed necessary by EVERGREEN or requested by the customer. A scheduled service day will be established between EVERGREEN and the customer for the service and the customer agrees to make the premises available for the service. If the premises are not available for treatment at the appointed time, on the regular service day, EVERGREEN will service the outside of the residence and leave a record of service on the customer’s door. The customer agrees to pay the normal service charge for this outside service. EVERGREEN will service the inside of the residence at no additional charge if requested by the customer. Although EVERGREEN agrees to return and re-treat affected areas, EVERGREEN cannot guarantee against re-infestation for pests from neighboring areas nor does EVERGREEN guarantee the complete elimination of pests.
4. DISCLAIMER. • FORCE MAJEURE. The liability of EVERGREEN under this agreement will be terminated if EVERGREEN is prevented from fulfilling its responsibilities under the terms of this agreement. • OTHER INSECTS/ORGANISMS. This agreement provides for the treatment and retreatment for pests indicated herein. This agreement does not provide for the treatment of subterranean (ground) termites (Reticulitermes spp., Heterotermes spp., and Coptotermes spp.), Formosan Termites (Coptotermes spp.) dry wood termites (Kalotermes spp., Incisitermes spp.), carpenter ants, beetles, fungi or any other wood-destroying organisms. • CHANGE IN THE LAW. EVERGREEN performs its service in accordance with the requirements of the law. EVERGREEN reserves the right to revise the service or charge or terminate this agreement.
5. ENTIRE AGREEMENT. This agreement, these terms and conditions, and inspection graphs constitute the entire agreement between parties and no other representation or statements, whether oral or written, shall be binding upon the parties.
6. TERM: After the initial agreed month’s of service, this agreement is automatically renewable on a regular basis, conforming to the original interval specified (monthly,every-other-month, quarterly, etc… ), and can be canceled any time after the term of the contract by either party given a 30 days’ notice. Customer understands that more time and treatments are required during the first months to bring pest problems under control and these higher initial costs are spread out over the full term of this agreement. Therefore the customer agrees to pay 60% of the remaining balance if the customer cancels the agreement prior to the expiration of the initial term. EVERGREEN reserves the right, after the initial term of the agreement to increase the service charge. • Customer Obligations: Customer understands that results of service are relative to and dependent on the cooperation of the customer as to housekeeping, sanitation, maintenance, and accessibility of the area to be serviced. The customer agrees to cooperate with EVERGREEN as reasonably necessary to facilitate treatment and control.
7. NON-PAYMENT/DEFAULT. The obligation of EVERGREEN hereunder is conditional upon payment in full of the initial charge and all regular service charges, and failure to pay such charges shall cancel this plan in its entirety and discharge EVERGREEN of any liability, and any amount paid shall become the property of EVERGREEN.
8. WAIVERS. Customer expressly waives and releases EVERGREEN from liability for any claim for personal injury (including stings, bites, or illnesses) or property damage (to structure or contents) caused by wood destroying organisms, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees, or other pests listed in this agreement. The customer waives any claim for damage or injury unless made in writing within one (1) year treatment or incident. In no event will EVERGREEN be responsible for consequential damages or loss of use of the property.
9. MEDIATION/ARBITRATION. Any controversy or claim arising out of relating to this agreement, or the services performed under this Agreement including, but not limited to any tort and statutory claims for personal or bodily injury or damage to real or personal property, shall be settled by binding arbitration administered under the rules of the American Arbitration (AAA). If the claims asserted by the customer is under $10,000, exclusive of interest arbitration fees and costs, the claim shall be determined under the AM Arbitration Rules for the resolution of consumer-relation disputes. Any other controversy or claim shall be determined under the AAA Commercial Arbitration Rules. Without limiting the power of the arbitrator, the customer and EVERGREEN agree that the arbitrator shall give full effect to the terms and conditions of this agreement. Judgment on the award rendered the arbitrator shall be final and binding. The customer and EVERGREEN acknowledge that this arbitration provision purulent to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Before recourse to arbitration, customer and EVERGREEN each agrees to try in good faith to settle any controversy, or claim, with at least four hours of arbitration administered by AAA under Commercial Mediation Rules with EVERGREEN agreeing to pay the costs of the mediator.
10. CHEMICAL INFORMATION WARNING LABEL. Virtually all pesticides have an odor, which may be present for a period of time after the application. If you or any member of the household believes you have a sensitivity to chemical odor or chemicals, EVERGREEN recommends that you do not have an initial or a subsequent service performed at your premises until you have consulted with your physician. At your request, EVERGREEN will provide you with Pesticide labels. Upon request, EVERGREEN will provide the purchaser with a copy of the manufacturer’s specimen label for the pesticide (s), which will be used to treat the premise.
11. TCPA CONSENT & PRIVACY. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your pest control service contract and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using pre recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, pest control service contract and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by email, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law.