Terms and Conditions

 

  1. Definitions: ‚ÄúTruly‚ÄĚ used herein means Truly Green Pest Control LLC d/b/a Truly Green Pest Control. ‚ÄúCustomer‚ÄĚ as used herein means the Customer of Truly Green Pest Control who requests services provided by Truly Green Pest Control . ‚ÄúAgreement‚ÄĚ as used herein means the agreement between Truly Green Pest Control and Customer for the provision of services under the Terms and Conditions provided herein. The term ‚Äústructure‚ÄĚ as used herein means the Customer‚Äôs residence and any buildings or structures agreed upon by the Parties to receive Truly Green Pest Control ‚Äôs services.
  2. Term & Termination: The term of this Agreement shall be one (1) year from the date Customer requests services and shall automatically renew for successive one year terms unless terminated by either Party. Either Party may terminate this Agreement, without penalty, upon fifteen (15) days written notice to the other Party.
  3. Pricing & Pricing Increases: Truly Green Pest Control shall charge the prices quoted to Customer when Customer initially requests Truly Green Pest Control ’s services and continue at said price during the first one (1) year term. Thereafter, Truly Green Pest Control reserves the right to adjust and/or increase it’s pricing for services rendered at any time at Truly Green Pest Control ’s sole discretion. Service Fee is subject to annual increase guided by Consumer Price Index. Customer may terminate this Agreement as provided herein.
  4. Material: The products and service methods used by Truly Green Pest Control will be guided by all applicable federal, state, and local laws, rules and regulations. The work will be performed in a professional manner. All Truly Green Pest Control equipment and/or devices placed in, on, or around the structure remain the property of Truly Green Pest Control unless specified in writing. Customer authorizes Truly Green Pest Control to retrieve equipment and devices upon termination of this Agreement. Reasonable care will be observed while performing any work hereunder to try to avoid damaging any part of the structure(s), plants, animals or property. Under no circumstances or conditions shall Truly Green Pest Control be responsible for damage caused at the time the work is performed except those damages resulting from gross negligence on our part.
  5. Insurance: Truly Green Pest Control shall maintain all necessary insurance policies during the term of the Agreement.
  6. Limitation of Liability: Parties agree that Truly Green Pest Control ‚Äôs Liability for any disputes arising from or relating Truly Green Pest Control ‚Äôs provision of service for Customer, any and all billing disputes and/or any other disputes¬†that may arise between the Parties, shall be limited to the total annual amount paid by Customer to Truly Green Pest Control for services rendered during the calendar year in which any such dispute arises. Further, Truly Green Pest Control shall not be liable for any special or consequential damages alleged by Customer arising from or relating to Truly Green Pest Control providing services under this Agreement. ‚Äč
    1. Warranty: THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
    2. Termites ‚Äď Truly Green Pest Control ‚Äôs liability under this Agreement for the presence of termites or termite damages is limited to retreatment of termite infestations only, unless a certificate of protection has been¬†issued. Soil treatment under less than entire structure is a limited treatment and Truly Green Pest Control shall not be responsible for untreated areas.
    3. Bed Bugs ‚Äď Truly Green Pest Control will not be responsible for any injury, disease or illness caused, or allegedly caused, by bites or contamination of bed bugs. Our representatives are not medically trained to diagnose nor treat bed bug borne illnesses or diseases. Please consult a physician for any medical diagnosis and treatment required by Customer. To the fullest extent permitted by law, Truly Green Pest Control will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages whatsoever, including consequential, special and incidental damages, arising from Truly Green Pest Control ‚Äôs service. Liability is specifically limited to the labor and products necessary to help prevent and eliminate bed bug populations. This Agreement does not cover and Truly Green Pest Control will not be responsible for: 1) Damage resulting from moisture conditions, including but not limited to fungus or mold, whether visible or not; 2) Damage resulting from any wood destroying organisms; 3) Expenses related to the replacement of linen, upholstery, furniture, mattress, soiling or related costs; 4) Expenses related to medical evaluation or treatment for bites associated with bed bugs; 5) Damages or expenses for any claim of personal injury related to an infestation of bed bugs; and 6) Loss of income claimed to be related to any bed bug bites or associated illnesses.
    4. Wasps/Bees ‚Äď Wasp/bee service under Signature Pest Control is for visible exterior nests only. It does not include wasp/bee nests inside walls or soffit areas and also does not include removal¬†of wasp/beehives or nests. Wasp/bee nests in walls or soffits are bid on subject to separate agreements.
    5. Rodent/Nuisance Animal Exclusion ‚Äď This Agreement does not cover, and Truly Green Pest Control is not responsible for, damage to property caused by rodents, or any damage resulting from rodents or pests¬†gaining access to structures due to improperly fitted garage doors or broken/leaking plumbing lines or by cracks in foundation or siding materials. The Customer agrees to make all necessary repairs and/or eliminate faulty conditions as documented on the exclusion survey. The Customer agrees to maintain the home‚Äôs structure free from any factors contributing to infestation, such as trash accumulation, readily accessible food sources, vegetation growth and water damage. At no time will damage caused to any portion of the Customer‚Äôs structure be the responsibility of Truly Green Pest Control except as provided herein.
  7. Existing Damage: Truly Green Pest Control is not responsible and has no duty to repair or disclose either visible damage (noted on the Inspection Report), or hidden damage existing as of the date of this Agreement. Because damage may be present in areas that are inaccessible to visual inspection, Truly Green Pest Control does not guarantee that the damage disclosed on the Inspection Report represents all the existing damage as of the date of this Agreement.
  8. Conducive Conditions: The Customer agrees to maintain the structure free from any factors contributing to infestation, such as debris, lumber, and direct wood to soil contact and standing water. The Customer agrees to notify Truly Green Pest Control of any leaks under the areas treated and to eliminate faulty plumbing. At no time will damage caused to any portion of the structure(s), even by an active wood destroying insect infestation, be the responsibility of Truly Green Pest Control in areas where any of the conditions described in this paragraph exist. The Customer agrees to allow Truly Green Pest Control access to treat the structure and/or stations as necessary to control the infestation within 45 days of discovery of termites.
  9. Additions, Alterations, and Other Changes: This Agreement covers the structure(s) identified and agreed upon by the Parties beginning on the date of the initial service. Customer agrees to notify¬†‚ÄčTruly Green Pest Control in writing prior to the structure being modified, altered or otherwise changed, or if the soil is removed or added around the foundation or if tampering with termite stations or supplies occurs. Roof or siding repair, replacement or other structural remodeling may result in additional work being required at an additional cost. Failure to notify Truly Green Pest Control in writing will void this Agreement. Truly Green Pest Control may be required provide additional services at the Customer‚Äôs expense because of additions, alterations or other such events to the structure.
  10. Bed Bug Warranty for Preventative Treatments: Charges will apply for heat treatments during the first 6 months of a preventative program. Should a Bed Bug infestation be discovered after 6 months of treatment, the infestation will be treated at no additional charge as deemed necessary by Truly Green Pest Control using a combination of methods to eliminate the Bed Bugs. Customer must notify Truly Green Pest Control if any new or additional mattresses and encasements must be installed in order to maintain the Bed Bug warranty.
  11. Sensitivity: If Customer or other occupants of the structure(s), or adjacent buildings, believe they are or may be sensitive to pesticides or treatment odors, or if Customer or other occupants have consulted with a medical doctor or other healthcare provider regarding such sensitivity, Customer must notify Truly Green Pest Control in writing, in advance of treatment of the structure(s). Truly Green Pest Control 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 Customer waives any claims against Truly Green Pest Control in connection with such sensitivity.
  12. Adverse Health Effects Disclaimer: Truly Green Pest Control specifically disclaims any and all liability for any illnesses and/or diseases contracted or allegedly contracted by exposure to insects and/or spiders and/or treatment materials such as pesticides. Those include but are not limited to allergic reactions, Rocky Mountain spotted fever, Lyme disease, West Nile Virus, Malaria, Encephalitis and Dengue Fever. Truly Green Pest Control is not medically trained to diagnose insect and/or spider borne and/or pesticide exposure related illnesses or diseases. Please consult your physician for any medical diagnosis and treatment.
  13. Customer Commitment: Rodent/nuisance animal eradication services may result in the death of an animal inside the home in an area that is not accessible to the service technician (i.e. wall voids, etc.). This can result in an odor associated with the decomposition of the animal and Truly Green Pest Control is unable to guarantee that this will or will not occur. Should you experience this type of odor, this condition is usually only temporary and will resolve itself within a short period of time. 
  14. Transfer of Ownership: This Agreement will terminate upon transfer of ownership of the described structure(s). However, Truly Green Pest Control , at its sole discretion, may allow a transfer of the Agreement to a new purchaser provided the new Customer signs a transfer addendum, pays a fee to cover the administrative costs of the transfer, and pays the renewal cost as established by Truly Green Pest Control . Upon transfer of this Agreement to a new owner, Truly Green Pest Control shall thereafter provide for the re-treatment of the covered structure only.
  15. Termite Transfer: This service can be transferred to a new owner for a fee, providing there is no interruption of service and the new owner signs a new service agreement with Truly Green Pest Control . If a wood destroying insect report is ever required, Truly Green Pest Control can provide one for an additional fee.
  16. Disclaimer: Truly Green Pest Control’s liability under this Agreement will be terminated if Truly Green Pest Control is prevented from fulfilling its responsibilities under the terms of this Agreement by reason of delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fires, quarantine restrictions, or any other act of God or circumstances or cause beyond the control of Truly Green Pest Control. Truly Green Pest Control specifically disclaims any liability for special, incidental or consequential damages allegedly incurred by Customer.
  17. Bed Bug Disclaimer: Truly Green Pest Control ‚Äôs liability under this Agreement will terminate and Truly Green Pest Control will be excused from performance of any obligations under this Agreement should 1) Customer allow another pest control operator to treat the subject structures(s) for bed bugs only during any term hereof, 2) Customer utilize any home remedy products, ‚Äúdo-it-yourself‚ÄĚ products, over-the-counter products, or any chemicals to eradicate bed bugs that could cause a negative resolution or chemical reaction, or 3) Truly Green Pest Control be prevented or delayed from fulfilling its responsibilities under the terms of this Agreement by reasons or circumstances reasonably beyond Truly Green Pest Control ‚Äôs 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 access to the identified structure(s) for any purpose contemplated by the Agreement, including but not limited to re-inspection, whether the inspection was required by the Agreement, requested or considered necessary by Customer or by Truly Green Pest Control .
  18. Change of Law: Truly Green Pest Control performs its service in accordance with the requirements of Federal, State, and Local laws or regulations. In the event of a change in existing law as it pertains to the service promised herein, Truly Green Pest Control reserves the right to revise the service charge or terminate this Agreement. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement will remain in full force and effect.
  19. Payment/Non-Payment/Default: Upon the commencement of Truly Green Pest Control providing the services requested by Customer, Truly Green Pest Control shall bill Customer by providing monthly/bi-monthly invoices and Customer agrees to pay Truly Green Pest Control invoices upon receipt. From time-to-time, after the first one (1) year term of service, Truly Green Pest Control reserves the right to increase the cost of services at Truly Green Pest Control ’s sole discretion.
  20. Arbitration: The Customer and Truly Green Pest Control agree that all matters in dispute between them arising from or relating to Truly Green Pest Control ‚Äôs provision of services, including but not limited to (i) any controversy or claim between them arising out of or relating to this Agreement, (ii) any wood destroying insect damage to the structure or (iii) loss or damage to the described property in any way, any such dispute or controversy whether by virtue of contract, tort or otherwise, shall be adjudicated and settled exclusively by arbitration. Such arbitration shall be conducted before the American Arbitration Association (‚ÄúAAA‚ÄĚ) in the St. Louis Metropolitan area in accordance with the Commercial Arbitration Rules then in force or the federal rules of evidence, whether or not set out by statute. The arbitrator shall give effect to any and all waivers, releases, disclaimers, limitations, and other terms and conditions of this Agreement and the arbitrator shall have the power and authority to determine the arbitrability of any disputes and/or controversies arising under this Agreement or Truly Green Pest Control ‚Äôs provision of services hereunder. Therefore, the arbitration award and the arbitrator shall not have the power or authority to hold Truly Green Pest Control responsible or partly responsible for (i) the repair or replacement of any termite damage to the described property (ii) loss of anticipated rents and/or profits or loss of quite enjoyment or (iii) direct, indirect, special, incidental, consequential, exemplary, or punitive damages. Each party shall be responsible for paying its own attorneys‚Äô fees, expert witness fees. All expenses incurred by the arbitrator and the arbitrator‚Äôs fee shall be divided equally and paid by the Parties. Any award of damages pursuant to such arbitration shall be included in a written decision, which shall state the reasons upon which the award was based, including all the elements involved in the calculation of any award of damages. The decision of the arbitrator shall be a final and binding resolution of the disagreement and/or dispute, which may be entered as a judgment by any court of competent jurisdiction. Each Party consents and submits to the personal jurisdiction and venue of the courts in which the Customer‚Äôs property is located for purposes of Arbitration. 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‚Äôs decision and a Party violating this provision shall pay the other Party‚Äôs costs including, but not limited to, reasonable attorneys‚Äô fees, with respect to such suit and the arbitration award shall so provide.
  21. Class Action Waiver: Truly Green Pest Control and Customer agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective or private attorney general action, nor as a member in any purported class, collective, representative or private attorney general proceeding including, without limitation, pending but not certified class or collective actions.
  22. Cancellation: Either Party may cancel this Agreement at any time upon fifteen (15) days written notice and, upon such cancellation, Customer shall be responsible for paying all charges for services provided by Truly Green Pest Control prior to the notice of cancellation.