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Service Agreement Terms of Service

CLIENT SATISFACTION GUARANTEE. With purchase of 3 or more treatments, our service comes with a 100% customer satisfaction guarantee. For any reason that you feel your mosquito population is not significantly reduced, simply contact our office to review the situation. If a re-treatment is scheduled and it doesn’t resolve your mosquito issues, we will refund your cancelled treatments.

CANCELLATION. A cancellation must be made at least 48 hours in advance for full refund.

RESCHEDULING SERVICE. A notice will be emailed to the customer the day before we treat the property. If we arrive and are unable to treat because of circumstances on the property that prohibit us from doing so, we will reschedule the treatment and a trip charge will be assessed.

LICENSES AND INSURANCE. Service Provider shall maintain all applicable local, state of 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 it 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 weather, strikes, or a suppliers 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 it 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. Client acknowledges and agrees that this Service Agreement is made solely with Service Provider.

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

DISPUTES. This Service Agreement in 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 Rules, and judgment up 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 forgoing. It is further agreed that any efforts by Service Provider to collect 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 ANY SUIT 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 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 NO ORAL PROMISES OR AGREEMENTS ARE A PART OF THIS SERVICE AGREEMENT.

APPLICATION NOTIFICATION. By accepting this proposal you are giving authorization to email pre & post application treatment information. If you wish to change this method or request other specific application information regarding the treatments including product used or copy of label, they are available upon request. Treatment is applied to foliage around perimeter and interior of property or as otherwise designated by approved mapped areas. Please send your request to [email protected] or call 715-634-1504.

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