Terms of Service
This Agreement shall be effective beginning on the date of initial service, and lasting until regularly scheduled service is canceled by either party. If this Agreement is for a single, one time service, then no particular term is applicable, and this Agreement shall govern that single service only. Cancellation shall be by advance written notice from one party to the other. The Customer agrees to pay a $25.00 cancellation charge if the Customer cancels service after a Technician has arrived at the job site for a scheduled service. Cancellation does not relieve the Customer of responsibility to pay for all service performed prior to cancellation.
If the Customer is not satisfied with the results of any service, SPMI will, during the Warranty Period, return to treat the area again at no extra charge. The Warranty Period is that period of time, as and if checked in the Section “Warranty” on the face hereof, immediately following a billable service. Should the problem persist, SPMI will continue to work to solve the problem to the Customer’s reasonable satisfaction or, in the event that reasonable satisfaction cannot be met by either party, SPMI may reverse the Customer’s last periodic service fee. If the box “Service to Service” is checked in the Section “Warranty” on the face hereof, then the Warranty Period shall be from one regularly scheduled service to the next, and 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 SPMI’s liability under any warranty under this Agreement is limited to re-treatment and/or a refund of the last periodic pest control payment only.
Customer cooperation in the mitigation or elimination of conditions conducive to pest infestation is essential to an effective pest control program. The Customer agrees to follow to the best of their ability all recommendations specified in the annual outside inspection report and/or periodic work orders, and generally accepts responsibility for making timely repairs necessary to eliminate conditions conducive to pests.
The effectiveness of pest control treatments are limited by site, structural, and environmental conditions which are beyond the control of SPMI. Such conditions include, but are not limited to, inaccessible structural cavities, leaking roofs, faulty grade levels, inadequate clearance, earth to wood contact, structure- vegetation contact, cellulose debris, insufficient ventilation, faulty gutters or down-spouts, and other conditions conducive to re-infestation or recurring infestation. Unless SPMI has specifically included the repair or correction of such condition(s) on the face of this Agreement, the Customer accepts sole responsibility for such repair, correction, or mitigation, and holds SPMI harmless from any liability for same, including any responsibility for re-treatment. SPMI is not responsible for insect or rodent damage to products or contents at the premises. This Agreement does not provide for control of pests not specified. If, in SPMI’s opinion, a service requested is unsafe for the Technician and/or the Customer, or is impractical or unnecessary, SPMI reserves the right to refuse requested service without incurring any liability.
The Customer agrees to hold SPMI harmless from any and all liability for damage not caused by SPMI’s negligence, and from any and all liability for structural damage regardless of cause. SPMI disclaims any liability for special, incidental or consequential damages. The warranties stated in this Agreement are given in lieu of any other warranty, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. SPMI will incur no liability should it be prevented from fulfilling its responsibilities per this Agreement by reasons of an act of God, fire, flood, storms, explosions, acts of war, whether declared or undeclared, seizure, riots, civil commotion, strikes, or other labor disputes, shortages of fuel and/or materials, quarantine restrictions, or any other circumstances or causes beyond the control of SPMI. Should structural changes or additions be made to the job-site which would add to or delete from the area treated at each service, the periodic service charge will be reviewed and adjusted accordingly by SPMI.
Payment is due upon completion of included services unless prior arrangements have been made with SPMI. All payments are due within 10 (ten) working days of service or billing; balances more than 30 days old will bear interest at the greater of $2.00 or the rate of 1.5% per month from the date of service. In the event of non-payment or default by Customer, SPMI may suspend or terminate the services as described in this Agreement, and costs of collection, including administrative and attorney’s fees and costs, shall be paid by Customer, whether suit is filed or not.
The Customer and SPMI agree that any controversy or claim between them arising out of or relating to the interpretation, performance or breach of any provision of this Agreement, except for any action taken by SPMI to collect for services provided to the Customer, 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 before three arbitrators appointed by the American Arbitration Association. The decision of the arbitrator shall be a final and binding resolution of the disagreement which may be entered as a judgment by any court of competent jurisdiction. In no event shall either party be liable to the other for indirect, special, or consequential damages, loss of anticipated profits or punitive or exemplary damages. This arbitration agreement and remedy provided shall be the exclusive remedy of the parties who acknowledge that neither of them shall have the right to file any suit, including any action at law or in equity except to enforce any arbitration award granted hereunder.
If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. This document constitutes the entire agreement between the parties and no other representations or statements will be binding upon the parties.q