Terms of Service

Mosquito Squad of Western Suffolk and Northern Nassau Counties

Mosquito Squad of Western Suffolk reserves the right to change the products used, in whole or in part, when weather, species of pest, property attributes, or product label dictates a change is needed to stay within the rules and regulations of the NYSDEC, EPA, or other parties governing a licensed pesticide business. The work order left at the property will list what was used.

CLIENT SATISFACTION GUARANTEE

Our service comes with a 100% customer satisfaction guarantee. If for any reason that you feel that our treatment was not effective, simply contact our office to let us know so that we can take corrective action.

Labels for any product that Mosquito Squad of Western Suffolk may choose to use for treatment during any of its services will be found at the following link in their entirety on our products page.

Modifications

Modifications to the Services or this Service Agreement will be made only when an addendum describing such modifications has been agreed upon by both by Client and Service Provider. There may be additional charges for any changes.

Licenses and Insurance

Service Provider shall maintain all applicable local, state or federal licenses required to perform the Services. Service Provider shall maintain no less than one million dollars ($1,000,000.00) in Comprehensive General Liability insurance with an insurance company licensed to do business in this state.

Disclaimer and Indemnity

In consideration of the services performed under this Service Agreement, the undersigned agrees to indemnify and forever hold Mosquito Squad® and its agents harmless for any damages or claims resulting from or arising out of the delivery of such Services.

Service Delays and Force Majeure.

Service Provider is not responsible or liable for delays in the commencement or completion of the Services that are result of conditions beyond Service Provider’s control (including for example weather, strikes, or a supplier’s inability to provide materials). If Client fails to make a scheduled payment, Service Provider may elect to postpone its performance of the Services under this Service Agreement and schedule continuation of the Services at its discretion after receipt of all amounts due and payable. Delays caused by such events do not constitute abandonment.

Independently Owned and Operated Mosquito Squad Franchise

Service Provider is an independently owned and operated franchise. Client acknowledges and agrees that this Service Agreement is made solely with Service Provider, and that Service Provider is not an employee or agent of Mosquito Squad Franchising Corporation or Outdoor Living Brands, Inc., or any of its affiliates. Client acknowledges and agrees that Mosquito Squad Franchising Corporation and Outdoor Living Brands, Inc., are not responsible or liable for any acts or omissions of Service Provider.

Enforceability

If any provision, sentence, phrase or word of this Service Agreement or the application thereof to any person or circumstance shall be held invalid, the remainder of the Service Agreement, or the application of such provision, sentence, phrase or word to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

Disputes

This Service Agreement is made and shall be construed under the laws of the State set forth in the Service Provider’s address above. Except as set forth below, if any controversy or claim arises out of or relates to this Service Provider, or the breach thereof, and if said controversy or claim cannot be settled through direct discussions, the parties agree to first endeavor to settle the controversy or claim in an amicable manner by mediation administered by the American Arbitration Association under its Construction Industry Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this Service Agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may agree to mediation and arbitration by the Better Business Bureau (if applicable) in lieu of the foregoing. It is further agreed that any efforts by Service Provider to collect the amounts due or any part thereof will not be subject to the mediation and arbitration provisions set forth above. Client will pay any collection expense, court costs, and reasonable attorney’s fees which may be incurred in such collection efforts. CLIENT HEREBY WAIVES ANY AND ALL RIGHTS CLIENT MAY HAVE TO A JURY IN ANYSUIT HEREUNDER.

Liquidated Damages

Should Client fail to fulfill its obligations under this Service Agreement in addition to any other remedy at law or in equity that Service Provider may have or otherwise provided herein, Service Provider may retain as liquidated damages and not as a penalty, all consideration paid by Client to Service Provider, including, but not limited to the payments referenced above.

No Waiver of Rights

Service Provider’s failure to exercise a right or remedy, or Service Provider’s acceptance of a partial or delinquent payment, will not operate as a waiver of any of Service Provider’s rights, or Client’s obligations, under this Service Agreement and will not constitute a waiver of Service Provider’s right to declare an immediate or a subsequent default of this Service Agreement.

Entire Agreement

This Service Agreement contains the entire understanding and agreement between the parties with respect to the Services and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. NO ORAL PROMISES OR AGREEMENTS ARE A PART OF THIS SERVICE AGREEMENT.

Natural Barrier Treatment Products Used

Product: *Mosquito Free* - EPA Registration No. FIFRA 25(b)
ACTIVE INGREDIENTS; Cedar Oil 65.8%, 2 Phenethyl Propionate 14.2%, Inert Ingredients 20.0%
Cautionary Statements: Keep out of reach of children and pets. In case of eye contact or prolonged exposure to skin, flush thoroughly with water for at least 15 minutes. If swallowed, seek medical attention immediately.

Product: *Tick Free Organic Insect Control* - EPA Registration No. FIFRA 25(b)
ACTIVE INGREDIENTS; Cedar Oil 49.1%, 2 Phenethyl Propionate 11.2%, Inert Ingredients 39.7%
Cautionary Statements: Keep out of reach of children and pets. In case of eye contact or prolonged exposure to skin, flush thoroughly with water for at least 15 minutes. If swallowed, seek medical attention immediately.

Traditional Barrier Treatment Products Used

Product: Fendona CS – EPA Number 499-570
Active Ingredients: Cypermethrin
Cautionary Statements: Hazards to Humans and Domestic Animals:
Causes moderate eye irritation. Avoid contact with eyes or clothing.Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, using tobacco, or using the toilet.
This product is extremely toxic to fish and aquatic invertebrates, oysters and shrimp. The product is highly toxic to bees exposed to direct treatment or residues on blooming crops or weeds.

Product: *Bifen I/T* - EPA Number: 53883-118
Active Ingredients: Bifenthrin
Cautionary Statements: Hazards to humans and domestic animals:
Keep out of reach of children.
Harmful if swallowed, inhaled, or absorbed through skin. Avoid contact with skin, eyes or clothing. Avoid breathing mist mist. Wash thoroughly with soap and water after handling. Remove contaminated clothing and wash before reuse.
Environmental Hazards:
The pesticide is extremely toxic to fish and aquatic invertebrates. Do not apply directly to water, to areas where surface water is present or to intertidal areas below the mean high water mark. This product is highly toxic to bees exposed to direct treatment or residues on blooming crops or weeds. Do not apply this product or allow drift to blooming crops if bees are visiting the treatment area.

Product: *NyGuard IGR Concentrate* - EPA Reg. No. 1021-1603
Active Ingredients: 2-(1-Methyl-2-(4-phenoxyphenoxy)ethoxy pyridine 10.0%, Other Ingredients 90%
Cautionary Statements: Keep out of reach of children. Causes moderate eye irritation. Avoid contact with skin, eyes or clothing. Wash hands thoroughly with soap and water after handling and before eating, drinking, chewing gum, using tobacco or using the toilet. Do not induce vomiting because of aspiration pneumonia hazard. Obtain medical attention if irritation persists.

Product: Damminix Tick Tubes EPA Reg. No. 56783-1
Active Ingredients: Permethrin 7.4%, Inert Ingredients 92.6%
Cautionary Statements: Keep out of reach of children. Avoid contact with eyes and skin. Contact with skin may result in temporary numbing and tingling sensations. Wash thoroughly with soap after handling.

Product: Altosid ProG Insect Growth Regulator EPA Reg No. 2724-451
Active Ingredients: Methoprene 1.5%, Other Ingredients 98.5%
Cautionary Statements: Keep out of reach of children. Causes moderate eye irritation. Harmful if absorbed through the skin. Avoid contact with eyes or skin.