This agreement is made between your Service Provider, Bugs Beware Pest Control LLC (hereinafter referred to as “Bugs Beware”) and you (herein referred to as “Client”). The service programs shall cover the services stated in the Estimate/Order (“Services”) and run for the period stated in the Estimate/Order (“ Plan Period”), collectively referred to as your “Program”. Bugs Beware reserves the right to revise each aspect of its Programs, including but not limited to treatment periods, recurring time frames, prices, and other terms of service as it deems necessary, upon written notice to Client. Should Client object to the revised Program within thirty (30) calendar days of receipt of written notice of revised Program conditions, Client will be entitled to terminate this Service Agreement; in which case, Bugs Beware will terminate all future services under their program.
Either party may terminate this Service Agreement with a twenty-one (21) calendar day advance written notice for Mosquito & Tick Control Services or a thirty (30) calendar day advance written notice for all other Pest Control Services to the other party at any time for any reason without penalty or payment of a cancellation fee. Any payment for services rendered and owed by Client shall be immediately due and payable at the time of such termination.
At the time of acceptance of Bug Beware’s Proposal/Estimate, Client agrees to pay to Bugs Beware all fees due and payable under the terms of this Service Agreement.
PAYMENT METHOD BY CASH OR CREDIT.
At this time, Bugs Beware only accepts cash or check as and for payments under this Service Agreement. Client may make payment by check or cash directly to Bugs Beware for all fees for services rendered due and payable under the terms of this Agreement.
PAYMENT METHOD BY CREDIT CARD THROUGH THIRD PARTY MERCHANT SERVICES.
All credit card payments are processed through a merchant services provider and credit card information is gathered either by the merchant services provider or by your services provider, in this case, Bugs Beware.
PAYMENT METHOD BY CREDIT CARD THROUGH THIRD PARTY MERCHANT.
If Bugs Beware accepts credit cards through a third party merchant services provider, such as Four Square or PayPal, for payment of services rendered under this Service Agreement, Bugs Beware shall provide Client with an invoice and a link to the secure payment processing website for the third party merchant services provider and Client agrees to process payment in accordance with the terms of the merchant services provider. That merchant services provider will assume responsibility for all credit card information submitted to it for payment processing.
PAYMENT METHOD BY CREDIT CARD DIRECTLY WITH BUGS BEWARE.
If Bugs Beware directly accepts credit cards for payment of services rendered, Client shall submit to Bugs Beware valid credit card information for processing of payment for Services per the payment terms of the Estimate/Order and this Service Agreement. Client agrees to maintain valid credit card information with Bugs Beware and update that information as necessary. Client consents to Bugs Beware storing Client’s credit card information and charging such credit card for the fees owed under this Service Agreement.
CREDIT CARD FAILURE.
Should Client's credit card transaction fail, Bugs Beware shall notify Client and Client agrees to provide an updated form of payment within ten (10) business days of notice from Bugs Beware that the payment method on file failed. If Client fails to provide such updated payment information or make payment by check or cash, Bugs Beware may terminate this Service Agreement, and Client agrees to pay all balances remaining within ten (10) business days.
Modifications to Bugs Beware Programs, Services, prices, products, or this Service Agreement shall commence upon written notice to Client describing such modifications. Client acknowledges additional charges for any changes may apply.
PEFORMANCE OF SERVICES.
Bugs Beware shall perform the services listed in the Estimate/Order on or about the date(s) specified, unless Client is notified otherwise. If the Estimate/Order does not list a service, Client wishes to have performed, or if Client has a question about the date(s) or service(s), Client acknowledges they must contact Bugs Beware . Bugs Beware 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, laws, and regulations of the state of Wisconsin, the Environmental Protection Agency , 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 Bugs Beware service staff may record their visit and the Services performed at Client’s property.
LICENSES AND INSURANCE.
The Bugs Beware service staff are licensed and trained to perform pest control services in Wisconsin. Bugs Beware maintains applicable local, state and federal licenses as required to perform the Services. Bugs Beware also maintains insurance with an insurance company licensed to do business in Wisconsin.
DISCLAIMER AND INDEMNITY.
In consideration of the Services performed under this Service Agreement, or as stated in the Estimate, Proposal or Order, or as stated on the Invoice for Services, Client agrees to indemnify, defend, and forever hold Bugs Beware, its officers, director(s), employee(s), contractor(s), licensee(s), clients, successors and assigns, and its agents harmless for any damages or claims, expenses, costs, and liabilities incurred by, resulting from, or arising out of the delivery of Services or any derivative thereof, including any breach of any obligation(s), covenant(s), representation(s), or warranties made under this Agreement, negligence or misconduct, use of Company’s services, alleged or actual violation of any third party or contractual rights, or violation(s) of any applicable law(s), rule(s) or regulation(s). Bugs Beware will promptly notify Client of any claim(s) known to Bugs Beware, and Client may, at Client’s own expense pay all costs of defending such claim, including reasonable fees. Client shall not have a right to settle any claim under terms adverse to Bugs Beware or require payment from Bugs Beware without Bugs Beware’s express written consent.
SERVICE DELAYS AND FORCE MAJEURE.
Bugs Beware is not responsible or liable for delays in the commencement or completion of Services, which are a result of conditions beyond Bugs Beware’s control (including, for example, but not limited to weather, strikes, or the inability of suppliers to provide materials.) If Client fails to make a payment, Bugs Beware 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 in which case, Bugs Beware’s guarantee is void if payment is made beyond the guarantee date. Delays caused by such events do not constitute abandonment.
INDEPENDENTLY OWNED AND OPERATED.
Bugs Beware is an independently owned and operated business. Client acknowledges and agrees that this Service Agreement is made solely with Bugs Beware. Bugs Beware does not guarantee manufacturer’s raw materials, method of formulating products, products, method of manufacturing, method of delivery, omissions, errors, or processes.
ENFORCEABILITY, SERVERABILITY & SURVIVORSHIP.
In the event that any one or more of the provision(s), sentence(s), phrase(s), or word(s) of this Services Agreement or the application of it to any person or circumstance shall, for any reason, become invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement. In the event that any party fails to enforce any provision of this Services Agreement, for any reason, all other provisions of this Service Agreement shall remain enforceable.
This Service Agreement is made and shall be construed, governed, interpreted, and enforced under the laws of the State of Wisconsin. Except as set forth herein, if any controversy or claim arises out of or relates to this Service Agreement, or the breach thereof, other than Client’s nonpayment of fees owed to Bugs Beware, and if said controversy or claim cannot be settled through direct discussions, the parties agree to settle the controversy or claim by mediation in Outagamie County, Wisconsin administered by the American Arbitration Association under its Construction Industry Mediation Rules, before resorting to Arbitration Rules, and judgment of 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 Bugs Beware to collect amounts due or any part thereof are not subject to the mediation and arbitration provisions set forth herein. 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.
Should Client fail to fulfill its obligations under this Service Agreement in addition to any other remedy at law or in equity that Bugs Beware may have otherwise provided herein, Bugs Beware may retain as liquidated damages and not as a penalty, all consideration paid by Client to Bugs Beware, including, but not limited to the payments referenced above.
NO WAIVER OF RIGHTS.
Bugs Beware’s failure to exercise a right or remedy or Bugs Beware’s acceptance of a partial or delinquent payment, does not operate as a waiver of any of Bugs Beware’s rights, or Client’s obligations, under this Service Agreement and does not constitute a waiver of Bugs Beware’s right to declare an immediate or a subsequent default of this Service 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.
Bugs Beware Pest Control LLC / Service Agreement
BUGS BEWARE PEST CONTROL LLC
"We'll take care of what bugs you!"
W5675 North Shore Drive
Shawano, Wisconsin 54166
Text or call:
715-851-1543 | Shawano Area
920-241-8220 | Fox Valley