PERFORMANCE. The services listed in the Proposal (“Services”) will be performed by an independently owned and operated Mosquito Squad franchise (“Service Provider”) on the date(s) specified, unless you are notified otherwise. If you do not see any service you wish performed listed or have a question about the date(s), call your Mosquito Squad office. Service Provider reserves the right to change the products used, in whole or part, when weather, species of pest, property attributes, or product label direction dictates a change needed to stay within the rules and regulations of the state, EPA, or other parties governing a licensed pest control business. During the visit, for quality and training purposes, the service staff providing the Services may wear a body cam to record their actions. By accepting and entering into this Service Agreement, Client acknowledges and agrees that the service staff of the Service Provider may record their visit and the Services performed at Client’s property.
PRICE. Services will initially be provided at the price(s) stated in the Proposal. Thereafter, Service Provider reserves the right to revise the price(s) for Services upon written notice to Client.
PAYMENT. At the time of acceptance of this Proposal, Client shall submit to Service Provider credit card information for processing of payment for the Services price per the payment terms of this Service Agreement. Client consents to Service Provider storing Client’s credit card information and charging such credit card for the fees owed under this Service Agreement. Client understands that its payment details may be stored for future payment and authorizes regularly scheduled charges to its credit card consistent with the Proposal Client approved for this season and any season going forward until Client chooses to terminate the Service. Client agrees that no prior notification will be provided prior to the charge unless there is a material change in the nature or cost of Services to be billed, and this authorization will remain in effect until Client cancels it by terminating the Services of Service Provider. Client understands that this Service Agreement governs this sale and the provision of Services. Client recognizes that Service Provider is a franchisee of the Mosquito Squad system and a locally owned and operated business. Client’s credit card information shared with the Service Provider shall not be transferred or shared with Mosquito Squad Franchising SPE LLC, the franchisor of the Mosquito Squad brand. Should Client's credit card information fail, and Client fails to provide an updated form of payment within ten (10) business days of notice from Service Provider that the payment method on file failed, Service Provider may terminate this Service Agreement.
MODIFICATIONS. Modifications to the Services or this Service Agreement will be made only when a written addendum describing such modifications has been signed both by Client and Service Provider. There may be additional charges for any changes.
SERVICE. This Service Agreement shall continue and remain in effect, with the same Services to be provided each year pursuant to its terms and conditions, unless and until it is canceled.
CANCELLATION. Client may cancel this Service Agreement at any time for any reason, without penalty or payment of a cancellation fee, by calling Client’s local Mosquito Squad office or 1-877-332-2239, or by filling out our online form. Any payment owed by Client for services rendered prior to cancellation shall be due and payable at the time of cancellation.
LICENSES AND INSURANCE. The service staff of Service Provider are licensed and trained to perform pest control in the state(s) they serve. Service Provider maintains applicable local, state of federal licenses required to perform the Services as well as no less than one million dollars ($1,000,000.00) in Comprehensive General Liability insurance with an insurance company licensed to do business in the state they serve.
DISCLAIMER AND INDEMNITY. In consideration of the Services performed under this Service Agreement, the undersigned agrees to indemnify and forever hold Mosquito Squad/Service Provider 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 a result of conditions beyond Service Provider’s control (including, for example, but not limited to weather, strikes, or a supplier’s inability to provide materials.) If Client fails to make a scheduled payment, Service Provider may postpone its performance of the Services under this Service Agreement and schedule continuation at its discretion only 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. Service Provider is not an employee or agent of Mosquito Squad Franchising SPE LLC or Authority Brands, Inc. or any of its affiliates. Client acknowledges and agrees that Mosquito Squad Franchising SPE LLC and Authority Brands, Inc. are not responsible or liable for any acts or omissions of Service Provider.
ENFORCEABILITY. If any provision, sentence, phrase or word in this Service Agreement or the application of it to any person or circumstance are deemed unenforceable by a court, the remaining provisions remain in force.
WARRANTIES. Client’s 100% satisfaction is guaranteed. If you are not completely satisfied with your mosquito control treatment services, contact your Mosquito Squad office within 21 days of the traditional treatment or 14 days of the natural treatment for an additional service request at no additional charge. This guarantee is for continuous service customers only and excludes single treatments and event treatments. Additionally, there is a warranty on all misting system parts for one year from the date of original purchase. The warranty does not cover labor and is void if annual maintenance and winterization programs are not adhered to.
DISPUTES. This Service Agreement is made and shall be construed under the laws of the State set forth in the Service Provider’s address. 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 settle the controversy or claim in by mediation administered by the American Arbitration Association under its Construction Industry Mediation Rules, before resorting to Arbitration Rules, and judgment up the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may jointly agree to mediation and arbitration by the Better Business Bureau (if applicable) in lieu of the forgoing. Any efforts by Service Provider to collect amounts due or any part thereof are not subject to the mediation and arbitration provisions set forth above. Client will pay all collection expenses, 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 ANY SUIT.
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 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, does not operate as a waiver of any of Service Provider’s rights, or Client’s obligations, under this Service Agreement and does 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.