Bust-A-Bug Pest Solutions Service Agreement Terms & Conditions

1. 1. 1. Pest Control Terms & Conditions (Termite Terms & Conditions below Pest)

1. An essential part of this pest control agreement and treatment is the cooperation of the Purchaser with Bust-A-Bug during the lifetime of this agreement and hereby agrees to maintain the premises free from any factor and/or condition contributing to continued infestation/re-infestation by insects, rodent and other vermin such as, but not limited to: proper sanitary practices or building practices as may or may not be recommended by Bust-A-Bug personnel.
2. We will service your home as scheduled in our system. If we need to come back another day to do interior service or get access to your back yard etc. no charge will be made. We will service what areas of the home we can when planned as this helps maintain pest pressure and return upon a time that works for you and we can get out on the rescheduled visit as fits our planner.
3. The Prices listed on this agreement include labor and materials required to control the specified pest(s). Bust-A-Bug is hereby authorized and directed to use on or about the service premises such compounds and/or materials as it shall deem necessary to affect the treatment(s) contemplated by the execution of this agreement. Reasonable care shall be used in applying treatments(s); however, the nature of the work is such that any Bust-A-Bug shall not be responsible for damages to domestic animals; staining/discoloration and/or interior/exterior plants.
4. Bust-A-Bug is not responsible for insect or rodent damage to buildings, contents and/or personal possessions.
5. Bust-A-Bug carries general liability insurance from accidents which may arise from operations performed under the execution of this agreement. Copies of the certificate of insurance are available to the Purchaser upon written request.
6. All Bust-A-Bug technicians are registered and/or certified with the proper governmental agencies. An entomologist is available for consultation upon request (an additional fee may be charged).
7. Should it become necessary to temporarily discontinue or suspend regularly scheduled service due to strikes, floods, embargoes, or cause beyond the control of Bust-A-Bug, it is understood that installments shall be suspended until service can be resumed. Temporary discontinuance of service will in no way breach this agreement.
8. Any Call Backs between visits are included in your service.
9. If a scheduled appointment you request is missed, along with a No Call (or text), A No Show fee of $20 may be applied.
10. Any treatment or service frequency deviation from the reverse specifications involving extra costs of materials and labor will become an additional charge to the contract amount. No alterations or variations to the terms of this contract shall be valid unless made in writing and approved by an officer of Bust-A-Bug.
11. When used, Termite Monitoring IS NOT termite protection. It is a way to help identify termite issues, but not a guarantee to find them. We strongly recommend our termite protection with Sentricon. We strongly recommend you get this.
12. Please be aware that price increases may be applied annually, with adjustments made to reflect changes in operational costs and market trends. By continuing to use our products/services, you agree to accept any changes in pricing.
13. Upon completion of the agreement treatments will continue at the same frequency until canceled by the customer.
14. The service agreement and accompanying documents signed at the time of purchase constitute the entire agreement between parties and no other representation or statement shall be binding upon either party, unless made in writing and approved by an Officer of Bust-A-Bug.

BUST-A-BUG TERMITE TERMS AND CONDITIONS

1.a WARRANTY Sentricon: During the term of this plan if needed Bait for new subterranean termite infestations with Recruit HD (Always Active Customers) in accordance with the Manufacturer’s treatment specifications for Sentricon users free of charge.
1.b WARRANTY Termite Annual Inspection: During the term of this plan if needed for new subterranean termite infestations a spot treatment with Termidor HE up to 9 linear feet of termite activity. Any distance over 9 linear feet will be billed at regular Termidor HE pricing.
1.c WARRANTY Termite Granules: During the term of this plan if needed for new subterranean termite infestations a spot treatment with Termidor HE up to 9 linear feet of termite activity. Any distance over 9 linear feet will be billed at regular Termidor HE pricing.
2. EXISTING DAMAGE: Bust-A-Bug is not responsible for the repair of either visible damage or hidden damage as of the date of this Agreement whether listed on the attached inspection graph or not. Because damage may be present in areas that are inaccessible to visual inspection, Bust-A-Bug does not and cannot guarantee that the damage disclosed on the inspection graph represents all of the existing damage present as of the date of this Agreement.
3. FUTURE DAMAGE.  LIMITATION OF LIABILITY: This Agreement does not provide for the repair of existing or future Termite/Moisture or related damages regardless of the nature, cause or extent of the damages. The sole responsibility of Bust-A-Bug in the event of a claim shall be to re-treat the structure within 30 days of notice of found live termites, as long as the agreement is in good standing order. This plan does not guarantee, and Bust-A-Bug does not represent, that termites will not return. Further, the Purchaser agrees to maintain the property free from moisture leaks (See #5), moisture damage, wood to soil contact, PolySteel or similar construction Drivit (Synthetic Stucco Systems) in contact with soil or ground masonry surfaces, etc., & other conditions conducive to Subterranean Termite infestation.
4. ADDITIONS AND/OR ALTERATIONS: This Agreement applies only to the property identified on the inspection graphs of the date of the initial installation. In the event that the covered premise is structurally modified, altered or changed, the purchaser will immediately notify Bust-A-Bug and purchase the required additional Sentricon Installation to restore the System to its original specifications. In the event of structural modification, Bust-A-Bug reserves the right to modify and/or adjust the Annual Maintenance Agreement fee.
5. WATER LEAKAGE: The Customer hereby, acknowledges that water intrusion in structures is a serious matter with respect to subterranean termite control and severely impedes Bust-A-Bugs ability to achieve effect control. Water leaks and/or excessive structural moisture conditions in treated structures and leaks in interior/exterior walls areas or through the roof, walls, plumbing fixtures, windows, doors, chimneys or other areas not listed create conditions that render a structure highly susceptible to infestation from Subterranean Termites. Further, these conducive conditions allow for the development of “Aerial or Secondary Colonies” which exist independently of the original ground based colony. Therefore, the Purchaser agrees to maintain the premises free from these moisture conditions by making timely repairs to the structure. Bust-A-Bug shall have no responsibility for repairs with respect to water leakage.
6. NOTICE OF CLAIMS & ACCESS TO THE PROPERTY: Any claim made under this Agreement shall be made in writing to Bust-A-Bug Pest & Crawl Space Solutions. Claims being submitted after the fact will not be considered unless Bust-A-Bug was provided the opportunity to inspect the property prior to any modifications. The Purchaser agrees to allow and provide complete access to the property for any purpose contemplated by this agreement, including but not limited to, re-inspections where requested by the Purchaser or considered necessary by Bust-A-Bug. The failure to allow Bust-A-Bug such access will terminate this agreement without further notice.
7. MANDATORY ARBITRATION: Purchaser and Bust-A-Bug agree that any claim under the state laws of Virginia, dispute or controversy between them or against the other or the employees, agents or assigns of the other, and any claim arising from or related to this agreement or the relationships which result from this agreement, including but not limited to any tort or statutory claim, shall be resolved by neutral binding arbitration by the American Arbitration Association (“AAA”), under the rules of the AAA in the effect at the time the claim is filed. The parties understand that they would have had the right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes decided through arbitration.
8. DISCLAIMER: Liability under this Agreement will be terminated if Bust-A-Bug is prevented from fulfilling it’s obligations under this Agreement by reasons of delay in transportation, shortages of fuel, and/or other acts of God, or circumstances beyond the control of Bust-A-Bug. This Agreement does not cover and it is agreed that Bust-A-Bug is not responsible for:
1             Any and all damage resulting from termites, insects, wood destroying organism, moisture, fungus or Related causes.
2             Damage resulting from masonry failure or grade alterations, EFIS, rigid foam, wooden or cellulose containing component in contact                 with the earth and the structure regardless of whether the component is a part of the structures
3             Damages to fences, attached or detached structures, landscaping, etc., unless expressly state in the original agreement.
4             The failure of Purchaser upon notice from Bust-A-Bug to properly cure at Purchaser’s expense any conditions which prevents                         proper treatment or inspection or is conducive to termite infestation.
5             Any treatment rendered by a pest control company other than Bust-A-Bug, a homeowner/tenant, within 5 feet of any Sentricon                         component will relieve Bust-A-Bug from any further liability.
6             Damages to structure or Sentricon Components due to flooding (tidal or other).
Except as otherwise prohibited by law, Bust-A-Bug disclaims and shall not be responsible for any liability.

9. NON PAYMENT/DEFAULT: In the event of non-payment or default by the Purchaser, Bust-A-Bug reserves the right to terminate this Agreement. If Sentricon is installed, remove all components of the Sentricon System. Customer will pay all attorney fees in case of collection.
10. ANNUAL MAINTENANCE AGREEMENT: Payment of the Annual Inspection Fee will automatically extend this agreement for one additional year from the anniversary date. This Maintenance Agreement includes the Labor and Materials required to provide an annual visual termite property inspection. For Sentricon bait stations replace any Recruit HD (Always Active) bait as needed.
11. TRANSFER OF WARRANTY TO NEW PROPERTY OWNER: This Agreement and/or remaining warranty or Annual Maintenance Agreement are transferable to a new property owner upon written notification to Bust-A-Bug designating the name of the new property owner and date of property transfer.

SENTRICON SYSTEM TERMS AND CONDITIONS

1. SERVICE COMMITMENT BUST-A-BUG (the “Company”) will, in compliance with all applicable federal, state, and local laws, rules, and regulations, and all applicable recommendations contained in literature provided by Dow AgroSciences:
   1. Install Sentricon® System termite bait stations (the “Stations”) in the soil around the outside perimeter of the structures specified above (the “Structures”);
   2. Inspect and service those Stations according to the label directions for the term of this agreement;
   3. Replenish Recruit® HD termite as appropriate;
   4. Inform the Customer of:
   a. Any new or increased termite activity noted at the Stations;
   b. Any replenishment of Recruit HD termite bait; and
   c. Any observed effect of the Sentricon Termite Colony Elimination System (the “Sentricon System”) on termite activity.
   B. CUSTOMER UNDERSTANDING OF PERFORMANCE OF THE SENTRICON SYSTEM.
   The Customer understands that:
   1. The Sentricon System involves initial installation, servicing and colony elimination with Recruit HD termite bait for continuous termite protection.
   2. The active ingredient in Recruit HD bait used in the Sentricon System is an insect growth regulator (noviflumuron) which prevents worker termites from molting and disrupts termite reproduction, which leads to termite colony elimination.
   3. Recruit HD bait and the active ingredient (noviflumuron) is always present in the Sentricon System with Always Active technology and is immediately available in all of the stations that are installed on the Customer’s property. 4. Intervals of from a few weeks to several months should be expected between:
   a. Installation of the Sentricon System Stations and sufficient termite activity to allow consumption of Recruit termite bait; and
   b. Complete elimination of the termite colony.
   5. Recruit HD termite bait, used in the Sentricon System with Always Active technology, meets the U.S. EPA criteria of Toxicity Category IV by all routes of exposure. As such, no signal word is required on the Recruit HD label.
   6. During the interval(s) between installation of the Sentricon System Stations and complete elimination of existing termite colonies, termite feeding within the Structure, possibly involving additional structural damage, should be expected to occur. Additional services, such as spot applications of conventional termiticides, are available to combat termite activity on a localized, short-term basis, if desired, but are not needed for, and will not contribute to, termite colony elimination.
   C. DOW AGROSCIENCES OWNERSHIP OF SENTRION SYSTEM COMPONENTS. The Customer also understands that:
   1. All of the components of the Sentricon System (“Components”) are and will remain the property of Dow AgroSciences. The Customer has no rights to any of the Components, other than the right to their use as installed by the Company on the Customer’s premises under this Agreement.
   2. On expiration or termination of this Agreement, the Company and Dow AgroSciences or its representative are authorized by the Customer to retrieve from the Customer’s premises the Stations and other Components contained therein for appropriate disposition. The Company and Dow AgroSciences reserves the right to pursue to the fullest its legal rights relating to the use and adverse possession of the Sentricon System Components.
   3. If the Company, for whatever reason, ceases to represent or to be authorized to represent the Sentricon System,
   a. The Company will:
   i. So notify the Customer;
   ii. Offer the Customer the alternatives of either using a different form of termite protection or discontinuing this relationship (NOTE:      Conventional “liquid barrier” methods of termite control may not offer an effective means of controlling certain termite infestations of      certain structures. In such event the Company may not be able to offer a different form of termite protection, and therefore may have to discontinue the relationship);
   iv. If the Customer and the Company (the “Parties”) agree on use of a different form of termite protection, give the Customer credit for service paid for but not yet received;
   v. If the Customer elects to discontinue the relationship, or if the Company cannot offer an effective different form of termite protection, refund to the Customer an amount equal to the fee paid for services not yet received; and
   vi. Retrieve, or advise Dow AgroSciences or its representative where to retrieve, the Components from the Customer’s premises; and
   b. The Customer will:
   i. Grant the Company and Dow AgroSciences or its representative reasonable access to the premises for the retrieval of the Components; and
   ii. Either agree with the Company on the use of a different form of termite control or elect to discontinue this relationship.
   D. CUSTOMER COMMITMENT AS TO CONDITIONS CONDUCIVE TO INFESTATION. The Customer warrants full cooperation with the Company during the term of this Agreement, and agrees to maintain the area(s) baited free from any factors contributing to infestation, such as wood, trash, lumber, direct wood-soil contact, standing water under pier type structure, or as noted below in Paragraph J. in “Special or Additional Comments.” The Customer also agrees to notify the Company of and to eliminate faulty plumbing; leaks; dampness from drains; condensation or leaks from the roof or otherwise into, onto, or under the area(s) baited. At no time will damage caused to any portion of the Structure(s), even by an active wood destroying insect infestation, be the responsibility of the Company in areas where any of the conditions described in this Paragraph exist. Failure of the Company to alert the Customer to any of the above conditions does not alter the Customer’s responsibility under this Paragraph.
   E. INTERFERENCE. The Customer agrees to not take any action that would interfere with the operation of the Sentricon System, including, but not limited to, removing any Sentricon stations because this will interfere with the effective operation of the Sentricon System.
   F. DAMAGE RELATED TO SERVICES. The Company will exercise due care while performing any work hereunder to try to avoid damaging any part of the Customer’s property, plants or animals. Under no circumstances or conditions shall the Company be responsible for damage caused by the Company at the time the work is performed except those damages resulting from gross negligence on the part of the Company.

Updated 9/4/2024   04:04pm