Planet Friendly Pest Control is on a mission to make pest control better by offering easily understood service pricing, flexible service options and no penalty for stopping or changing a service.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in Section 8.
If you don’t agree to these Terms, don’t use our services.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
Some of these services are recurring. For your convenience they will automatically be renewed each year. There is NO obligation, and these services can be stopped, changed, or canceled at any time. To make a change to your recurring service please call 800-990-0335 or email us at: Service@PlanetFriendlyPestControl.com
You acknowledge receipt of these terms and understand the scope of the services to be provided, as explained by Planet Friendly Pest Control and this website. You give your permission for these services to be performed at your property listed within this agreement. You understand your right to change, stop or cancel recurring services at any time and that these services will automatically be renewed each season if you do not change, stop, or cancel the service.
2. Automatic Renewal
All Termite, Pest Control, Rodent Control, Lawn Shrub and/or Perimeter Pest programs will AUTOMATICALLY RENEW on January 1 of each calendar year unless you provide notice that you choose to discontinue the service. The notice to discontinue the service shall be delivered to Planet Friendly Pest Control via email to: firstname.lastname@example.org Recurring services can be changed, stopped or canceled at any time..
3. Service Charges
Invoices outstanding THIRTY (30) days from the invoice date will be considered delinquent and subject to a service charge based on a single periodic rate of 2% per month until the account is once again current. No Service calls or service will be performed on accounts with delinquent balances. If your account becomes delinquent, you will be responsible for all usual and reasonable collection and attorney fees and services charges. A forty-five ($45.00) service charge will apply for any checks returned for non-payment.
4. Service Limitations and Exclusions
You understand that expect for any express Guarantee You have elected to acquire, your services are provided WITHOUT WARRANTY EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCANTABILITY AND FITNESS FOR PARTICULAR PURPOSE and you specifically release Planet Friendly Pest Control from liability for any injury or damage, including consequential damage, which may arise from your Service. If you believe that any part of the Service has not been adequately performed, as defined by this agreement, You will notify Planet Friendly Pest Control within the (10) days following your Service and Planet Friendly Pest Control will remedy those areas of the outlined service, as defined by this agreement, without additional expense to you. You acknowledge that, in the absence of an express Guarantee, this is your sole remedy under this Agreement. You waive and release Planet Friendly Pest Control from liability for any claim for personal injury or damage to the Premises or its contents.
5. Chemical Sensitivity
You will consult with your family physician and or veterinarian and contact Planet Friendly Pest Control in writing before your Service is performed if you believe any person or pet having access to the treated areas may be sensitive to any pesticides, fertilizers, or their odors. You also understand that, at your written request, Planet Friendly Pest Control will provide you or your physician or veterinarian with information on the substances Planet Friendly Pest Control proposes to use and may be able to use alternate control methods to accommodate your special needs if these needs are communicated to Planet Friendly Pest Control
6. Additional Terms and Conditions
I. You understand that certain factors can adversely affect the effectiveness of the treatment Planet Friendly Pest Control has provided, and you agree to eliminate any conditions, which are conducive to moisture. You recognize that any source of moisture or dampness in a structure, such as from poorly functioning downspouts, poor grading around the foundation, mechanical or structural leaks or seepage, could allow adverse conditions to continue to exist in my building after treatment has occurred and that flowing or standing water, such as from a leaking faucet or gutter overflow, can, over time, significantly degrade the treatments effectiveness. You promise, if such a condition is discovered, to promptly notify Planet Friendly Pest Control of the problem and, at your own expense, make all necessary repairs. After those repairs have eliminated the problem source, Planet Friendly Pest Control will, for an additional charge, treat the affected areas. You understand that your failure to bring any of the above conditions to the attention of Planet Friendly Pest Control will not affect Planet Friendly Pest Control’s responsibilities under this paragraph or the right to terminate this Agreement as applicable to the affected area(s).
II. This agreement only covers the Treated Premises shown on the attached Graph and Specifications as it now exists. If you modify, alter or otherwise change your building after Planet Friendly Pest Control treats it, this agreement and your Warranty will terminate unless you contact Planet Friendly Pest Control and a new agreement is signed and Planet Friendly Pest Control is contacted to re-inspect your building, provide additional treatment at your expense, as you elect. Planet Friendly Pest Control’s failure to notice structural changes during any future re-inspection will not constitute a waiver and does not release you from your obligation to notify Planet Friendly Pest Control of any changes that you make.
III. This Agreement will terminate upon the transfer of ownership of the Premises. A new contract may be issued by Planet Friendly Pest Control to the purchaser provided the Purchaser signs a new agreement, together with a new Graph and Specifications, and the applicable transfer and renewal fees are paid. You understand that the expiration date of the new contract will be the same as under your original Agreement.
IV. You agree that Planet Friendly Pest Control obligations under this contract may be cancelled if Planet Friendly Pest Control cannot access the Premises or otherwise perform their responsibilities for any cause or reason beyond their control including, without limitation, your failure to facilitate access to the Premises or any structure thereon for re-inspection (or any other purpose) without regard to whether re-inspection was requested by you or by Planet Friendly Pest Control.
V. You agree not to solicit to hire or hire any of your employees.
7. LIMITATION OF LIABILITY:
You expressly waive any claim for economic, compensatory, or consequential damages relating to the services provided by Planet Friendly Pest Control. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL PLANET FRIENDLY PEST CONTROL BE HELD LIABLE FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID BY YOURSELF TO PLANET FRIENDLY PEST CONTROL FOR THE SERVICE TO BE PERFORMED. Nothing in this agreement shall be construed as depriving you, the customer, of remedies available under applicable consumer protection laws.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PERFORMED BY Planet Friendly Pest Control, UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY TORT AND OR STATUTORY CLAIMS AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE SETTLED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) AND SHALL BE CONDUCTED BY AAA. ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER PREMISES AND WILL NOT PROCEED AS A CLASS ACTION OR RIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE ACTION.THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT HAVING JURISDICTION THEREOF.
THIS AGREEMENT, THE ATTACHED GRAPH AND SPECIFICATIONS, IF ANY, AND WARRANTY, IF ISSUED, ALL TOGETHER MAKE UP MY COMPLETE AGREEMENT WITH PLANET FRIENDLY PEST CONTROL WHICH MAY NOT BE CHANGED EXCEPT IN WRITING SIGNED BY A CORPORATE OFFICER OF PLANET FRIENDLY PEST CONTROL AND BY YOU. YOU ACKNOWLEDGE THAT YOU HAVE HAD NO REPRESENTATIONS OR INDUCEMENTS MADE TO YOU EXCEPT THOSE WRITTEN IN THE AGREEMENT.