Terms & conditions
1. Definitions
- “Company”: Refers to Pest Patrol Aus.
- “Client”: The individual or entity receiving services from the Company.
- “Services”: Pest control inspection and treatment programs provided by the Company.
- “Agreement”: The contract between the Company and the Client for the provision of Services.
2. Acceptance
The Client’s acceptance of these terms is confirmed by signing this document, confirming acceptance via email, or allowing the Company to perform the Services.
3. Services Provided
The Company agrees to provide pest control inspection and treatment services at the specified areas of the Client’s premises for the identified pests. Additional areas or pests will require a separate survey and proposal.
4. Term
This Agreement will operate for an initial term of twelve (12) months commencing on the date of this Agreement unless otherwise agreed. It will automatically renew unless terminated by either party with at least two (2) months’ written notice prior to the end of the current term.
5. Fees and Payment
Fees are payable by the Client for the Services and any equipment used. They are in addition to any fee charged for the initial pest treatment. Fees are exclusive of GST and are payable quarterly in advance upon receipt of a tax invoice.
6. Client Responsibilities
The ongoing effectiveness of the pest control services depends on the Client implementing the Company’s recommended hygiene, housekeeping, stacking, and property maintenance procedures. The Client acknowledges that pest treatment may be rendered ineffective by disturbing treated areas, building alterations, renovations, and introducing untreated or infested materials to the property.
7. Company Equipment
The Client agrees to take reasonable care of any equipment installed by the Company as part of the Services and to follow any instructions given by the Company in relation to the equipment and its use. All such equipment remains the property of the Company.
8. Insurance
Where requested by the Company, the Client must maintain insurance with a reputable insurer for: (a) The Company’s equipment for its full replacement value against any loss or damage, noting the interest of the Company as owner of the equipment; and (b) Liability for loss resulting from any kind or injury or death of any person in connection with the use of the equipment.
9. Limitation of Liability
To the extent permitted by law, the Company will only be liable for loss or damage to the Client’s property, injury, or death of persons to the extent such loss or damage is directly caused by the Company’s negligence, misconduct, or breach of contract. The Company will not be liable for loss or damage caused by the Client, including failure to implement the Company’s recommendations.
10. Termination
Either party may terminate this Agreement by providing at least two (2) months’ written notice. No termination can take effect before the last day of the initial term except in accordance with the terms outlined herein.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
12. Entire Agreement
This Agreement supersedes and replaces all previous agreements between the parties in relation to pest control services and contains the entire agreement between them as to its subject matter.
13. Privacy and Data Protection
The Client authorizes the Company to use and disclose personal information for any purpose connected with this Agreement or otherwise in accordance with the Company’s Privacy Policy.
14. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, or war.
15. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16. Notices
All notices required under this Agreement shall be in writing and sent to the addresses specified by the parties.
17. Amendments
Any amendments to this Agreement must be in writing and signed by both parties.
18. Assignment
The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Company.
19. Waiver
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
20. Dispute Resolution
In the event of a dispute arising out of or in connection with this Agreement, the parties agree to attempt to resolve the dispute through good faith negotiations.
21. Confidentiality
Both parties agree to keep confidential any proprietary information received from the other party in connection with the Services.
22. Compliance with Laws
The Company will comply with all applicable laws and regulations in providing the Services.
23. Indemnity
The Client agrees to indemnify and hold harmless the Company against any claims, damages, or losses arising from the Client’s breach of this Agreement or negligence.
24. Intellectual Property
All intellectual property rights in any materials provided by the Company remain the property of the Company.
25. Subcontracting
The Company reserves the right to subcontract any part of the Services to a qualified third party.
26. Survival
Clauses intended to survive termination or expiration of this Agreement shall so survive.
27. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original.
28. Headings
Headings are for convenience only and shall not affect the interpretation of this Agreement.
29. Interpretation
In this Agreement, unless the context otherwise requires, words importing the singular include the plural and vice versa.
30. Acknowledgment
The Client acknowledges that they have read and understood this Agreement and agree to be bound by its terms.