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PestGuard365

Terms of Service

PestGuard365 Pest Protection Plan

 

Plan pricing for Subscription is based on an ordinary sized home of no more than 4,000 square feet in size as well as normal conditions of repair and sanitation. Guardian reserves the right to decline or adjust the pricing for any home that departs from normal parameters for these areas.  This is to be determined solely at the discretion of Guardian.

 

The following insects are covered under this protection plan.

 

PHAROAH ANTS 

ARGENTINIAN ANTS 

FLEAS (INDOOR)

SPIDER MITES 

CARPET BEETLES 

TICKS (INDOOR) 

FIREBRATS 

SILVERFISH 

AMERICAN COCKROACHES 

BROWN BANDED COCKROACHES

ORIENTAL COCKROACHES

SMOKEY BROWN COCKROACHES

WASPS 

HOUSE CRICKETS 

CLOTHES MOTHS 

PANTRY PESTS

List is not exclusive.

 

The Following Pests are Excluded under this Pest Protection:

RATS  

MICE

GERMAN COCKROACHES

FIRE ANTS not adjacent to structure

 

Extra service for the pest (s) checked above will be provided at no additional cost to the customer as part of PESTGUARD365 GUARANTEE.

• Customer agrees to make the place of service available for treatment and/or inspection as often as necessary to control pests.

• This Agreement shall be effective beginning on the date of initial service, and lasts for 1 year or until regularly scheduled service is canceled by either party, whichever is sooner.

• 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 of a scheduled service may be done with no less than a 2 hour notice. 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.

• Guardian shall reserve the right to revise the Service fee after the first 12 month(s) of this agreement.

• This agreement does not provide for the repair of present or future damage•

In entering into this agreement, customer waives all claims for damages to property or injuries to persons which may result directly or indirectly from work performed by the company.

• This agreement does not include service for termites or other wood destroying insects or organisms, nor does it provide for damages arising from the infestation of same. Other excluded categories of pests are rodents, wildlife, German Roaches, flies and bed bugs. The forgoing must be contracted separately either through guardian or another company.

 

Household Pest Service is administered every 10-14 weeks with PestGuard365.

Customer grants license to their technician or any other employee of Guardian to enter their exterior property to effect Pest Control or related services if: 

I. The customer is due for service based on agreed upon service frequency.

2. The technician has notified customer of service via text, email, phone message or person to person speaking of intent to service customer's home.

3. The service is performed in good faith by technician to effect the agreed upon service. In no case shall an employee of Guardian be considered to be trespassing or unlawfully entering customer's property if they are acting in a good faith effort to service customer as they understand the situation to allow. 

 

Further Terms of Service 

Customer Responsibilities

Customer cooperation in the mitigation or elimination of conditions conducive to pest infestation is essential to an effective pest control program. The Customer understands that recommendations by technician are intended to enhance control and prevention specified in inspection reports and/or periodic work orders, and generally accepts responsibility for making timely repairs necessary to eliminate conditions conducive to pests.

 

Treatment Limitations

The effectiveness of pest control treatments are limited by site, structural, and environmental conditions which are beyond the control of Guardian. 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 Guardian has specifically included the repair or correction of such conditions in writing the Customer accepts sole responsibility for such repair, correction, and, or mitigation, and holds Guardian harmless from any liability for same, including any responsibility for re-treatment. Guardian is not responsible for insect or rodent damage to products or contents at the premises. This Agreement does not provide for control of pests listed as excluded or exotic pests as determined by Guardian. If, in Guardian's opinion, a service requested is unsafe for the Technician and/or the Customer, or is impractical or unnecessary, Guardian reserves the right to refuse requested service without incurring any liability.

The Customer agrees to hold Guardian harmless from any and all liability for damage not caused by Guardian's negligence, and from any and all liability for structural damage regardless of cause. Guardian disclaims any liability for special, incidental or consequential damages.

The warranties stated in this Terms of Service are given in lieu of any other warranty, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. Guardian 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 Guardian. 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 Guardian.

 

Payment

Payment is drafted by Guardian for PestGuard365 based on the price and date when the Online Subscription is initiated. It includes the first month in addition to an initial amount totaling to the start up fee of $119.95. Each month, thereafter, the monthly subscription fee will automatically be drafted by Guardian on the same date as the initial service, unless customer requests a different date. 

Disputes

The Customer and Guardian 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 Guardian 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.

Severability

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.

 

I agree to the above terms and conditions.

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