VIP Terms and Conditions
INTEGRATED PEST MANAGEMENT GUARANTEE
1. Active’s Customer Service GUARANTEE: Active agrees to provide guaranteed pest control service as indicated on the front and reverse side of this agreement. Additional treatments for pests covered under this agreement will be promptly rendered between regularly scheduled services at NO EXTRA CHARGE, when requested by the customer or deemed necessary by Active.
2. Transferable Service: This agreement may be transferred to existing Customer’s new residence, provided Active is given the opportunity to inspect the new property and make adjustments in cost, or services if needed.
3. Service Schedule: Customer agrees to allow appointments for service. In the event an appointment cannot be met due to unexpected circumstances, the customer acknowledges that exterior treatments may be rendered to prevent a lapse in ongoing home pest protection.
4. Payment Schedule: Payment is due on the first day of each month.
5. Renewable Service Agreement: Upon the completion of the agreement terms set forth on the front, this agreement shall automatically renew annually thereafter at the same service frequency unless written notice is given, by either party, thirty days prior to the anniversary date of this agreement.
6. Price Guarantee: Active guarantees there will be no price increase during the term of the agreement agreed to on the front. Active reserves the right to adjust service fees thereafter. Anytime during the initial contract period or any renewals thereof Active reserves the right to increase the service rate if the Credit Card or ACH information provided in the Method of Payment is removed for any reason.
7. Chemical Sensitive Matters: Prior to Active rendering service, the Customer is obligated to notify Active Pest Control, Inc. of any occupant at the premises to be serviced, who may be an expectant mother, allergic or sensitive to chemicals and/or the arrival of newborn infants.
8. Federal Arbitration Act: Any dispute arising out of or relating to this agreement or the services performed under this agreement, or tort-based claims for personal or bodily injury or damage to real or personal property, shall be finally resolved by arbitration administered under the commercial arbitration rules of the American Arbitration Association or, if the American Arbitration Association declines to accept the matter, then by any service or company typically providing legal arbitration services which is located in Atlanta, Georgia. The parties agree that this agreement involves interstate commerce; furthermore, the parties expressly agree that their mutual rights and obligations and the conduct of any arbitration proceeding shall be controlled by the Federal Arbitration Act. The award of the arbitrator shall be final, binding, non-appealable and may be entered and enforced in any court having jurisdiction in accordance with the Federal Arbitration Act. The arbitrator shall not have the power or authority to award any type of exemplary, treble, liquidated or any type or punitive damages whatsoever, nor shall the arbitrator have the power to award any damages for mental anguish or damages for pain and suffering whatsoever, regardless of whether such damages could have been awarded under the laws of any state or any federal law.
9. Insured For Your Protection: Active maintains insurance in all states for services provided. The Georgia Pest Control Act requires all pest control companies to maintain insurance coverage. Information about this coverage is available from this pest control company.
ACTIVE BAITING SYSTEM
1. GENERAL CONDITIONS AND LIMITATIONS:
A. Service Commitment, Active Pest Control (the “Company”) will be in compliance with all applicable federal, state, and local rules and regulations.
1. Install Termite Baiting stations (the “Stations”) in the soil around the outside perimeter of the structure
2. Monitor those Stations during the service time (Tri-Annually)
3. During the term covered by this contract, add termite bait to and remove it from the Stations as appropriate
4. Inform the Customer of:
a..any new or increased termite activity noted at the Stations
b. any addition or removal of termite bait
2. This warranty shall remain from the contract date noted herein, provided that Active visually reinspects the premises tri-annually and provided the owner pays Active the monthly warranty fee.
3. EXISTING DAMAGE. Active is not responsible for the repair of either visible damage (noted on the attached inspection Graph) or hidden damage existing as of the date of this agreement. Because damage may be present in areas which are inaccessible to visual inspection, Active does not guarantee that the damage disclosed on the inspection graph represents all of the existing damage as of the date of this agreement.
4. WATER LEAKAGE. Water leakage in treatment areas, and leakage in interior areas or through the roof or exterior walls of the identified property, may destroy the effectiveness of Active treatment and is conducive to new infestation. Purchaser is responsible for making timely repairs as are necessary to stop leakage. Upon completion of repairs by Purchaser, Active will provide additional treatment to control infestation at Purchaser’s expense. If Purchaser elects not to repair said defects or purchase the additional necessary treatment, then Active will have no further obligation under this agreement.
5. ADDITIONS, ALTERATIONS. This agreement covers the property identified on the Inspection Graph as of the date of initial treatment. In the event the premises are structurally modified, altered or otherwise changed or if soil is removed or added around the foundation, Purchaser will immediately notify Active and will purchase the additional treatment required by the changes incurred. Failure to do so will terminate this agreement automatically. In event of structural modification, Active also reserves the right to adjust the monthly warranty fee.
6. NOTICE OF CLAIMS, ACCESS TO PROPERTY. Any claim under the terms of this agreement will be made immediately in writing to any Active office. Active is only obligated to perform under this agreement provided the Purchaser allows Active access to the identified property for any purpose contemplated by this Contract, including but not limited to reinspection, whether the inspection was requested by the Purchaser or considered necessary by Active.
7. CUSTOMER OBLIGATIONS. Customer agrees to maintain the treated structure free from any condition conductive to termite infestation including moisture, roof leaks, improper ventilation or faulty plumbing, firewood, trash, lumber, wood, foam insulation, stucco, siding and other insulation materials 6” from contact with the ground or structure which permit
hidden termite entry.
8. CHANGE IN LAW OR REGULATIONS. Active performs its services in accordance with the requirements of federal, state and local law. In the event of a change in existing law as it pertains to the services provided herein, Active reserves the right to revise the monthly warranty fee or terminate this agreement.
9. NON-PAYMENT, DEFAULT. In case of non-payment or default by the Purchaser, Active has the right to terminate this agreement and reasonable attorney’s fees and cost of collection shall be paid by Purchaser, whether suit is filed or not. In addition, interest at the highest legal rate will be assessed for the period of delinquency.
SCOPE OF INSPECTION
An inspection of this structure or structures was performed by a qualified inspector employed by this firm, to determine the presence or previous presence of an infestation of the listed organisms and is not intended to be a structural report. Neither is this a warranty as to absence of wood destroying organisms, and is governed by the conditions enumerated below.
1. If visible evidence of active or previous infestation is reported it should be assumed that some degree of damage may be present and this diagram identifies the structure(s) inspected and showing the location of such evidence. It is possible that damage may (as the date of this report) exist in unexposed areas of the structure or in areas of the structure or in areas which are inaccessible to visual inspection.
2. Evaluation of damage or possible damage that is indicated on the reverse side should be performed by a qualified inspector in the building trade.
3. This report is for, but not limited to those organisms for which treatment has been performed by this company, or if this report is used for the transfer of real property, by the official Georgia wood infestation inspection report as amended.
4. This report covers only those structures listed on the reserve side, and is not intended to cover such items as fencing, planters, trellises, or landscape timbers, etc. any outbuilding must have a separate graph and report.
5. Inspection, including sounding and/or probing, was performed in only those areas which were readily accessible. Inaccessible areas not inspected include, but are not limited to areas obstructed by floor covering, wall covering, stucco exterior or foundation insulation, siding, fixed ceiling, insulation, furniture, appliances or other personal items.
6. Reporting of wood destroying fungi on this report is intended to cover only infestation which occur below the first-floor level and which result from moisture conditions which can be corrected through application of a moisture barrier and/or increased ventilation and does not cover conditions resulting from roof or plumbing leaks, or improper drainage or surface water, EIFS (Stucco) or exterior insulation finishing systems (RBI).
7. The term wood boring beetles as used on the reverse side means only those beetles which are known to establish and maintain a continuing infestation in structures, such as but not limited to the old house borer, and powder post beetles.
8. This is not a structural or damage report. A wood destroying organism inspector is not ordinarily a construction of building trade expert and is therefore not expected to assess structural soundness. Evaluation and correction of possible damage which may have resulted from an active or previous infestation should be performed by a qualified inspector in the building trade.
9. If property described on reserve side of this report is currently under a treatment warranty, additional restrictions may apply, refer to customer service agreement for additional restrictions or limitations of these warranties.
10. Conditions Conductive To Infestation – means conditions that exist in a structure that favor the development of wood destroying organisms. These are limited to: Cellulosic material underneath a building, wood in contact with the soil which has not been treated with preservatives to a minimum preservation retention rate of .40 pounds per cubic foot for ground contact and ventilation that does not meet the requirements specified in Rule 620-6-04(1)(a)(7).
NOTICE OF CANCELLATION
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you under that contract or sale and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled.
If you cancel you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of you notice of cancellation you may return or dispose of the goods without further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.