AGREEMENT’S TERMS AND CONDITIONS
EVERGREEN PEST SOLUTIONS, LLC SHALL BE REFERRED TO AS “EVERGREEN”
1. GENERAL PEST SERVICES. These terms and conditions, as incorporated into the Agreement with Customer, shall only and exclusively apply to general pest control “services” as provided by EVERGEEN These terms and conditions do not apply to any separate services, such a termite or other types of uniquely contracted services that may exist between Customer and EVERGREEN.
2. CHANGES AND MODIFICATIONS TO TERMS AND CONDITIONS. EVERGREEN may, from time to time and at its discretion, change or modify the terms and conditions as set forth below, as part of the Agreement with Customer.
3. CUSTOMER CONTACT INFORMATION/NOTIFICATION. Customer shall maintain current contact information (phone and email) with EVERGREEN. Notification of Customer shall be deemed completed and effective upon EVERGREEN sending the text, door paper notification, or email to Customer. Customer agrees to accept and pay all data and other charges incurred relative to communications sent by EVERGREEN.
4. CUSTOMER RESPONSIBILITY/PEST CONDUCIVE CONDITIONS. Customer’s cooperation is critical to ensure the most effective results from EVERGREEN’s service. Whenever conditions are conducive to the breeding and/or harborage of pests are reported by EVERGREEN to Customer, and the pest conducive conditions are not remedied by Customer, EVERGREEN cannot provide satisfactory service. Should additional or supplemental services be necessitated due to Customer’s failure to remedy pest conducive conditions, additional charges shall be imposed, which Customer agrees to pay. Customer understands that the efficacy of EVERGREEN’s service is dependent on the cooperation of the Customer as to housekeeping, sanitation, maintenance, and accessibility to areas that are to be treated with EVERGREEN’s service. Customer agrees to cooperate with EVERGREEN as reasonably necessary to facilitate the service and the remediation of pest conducive conditions.
5. CERTAIN PEST CONTROL SERVICES. EVERGREEN will provide Pest Control Services (“service” or “services”) pursuant to this Agreement, which includes and incorporates these terms and conditions and the Customer Welcome Form, consisting of one service every three months and additional service treatments as deemed necessary by EVERGREEN, or as requested by Customer (additional charges may apply). A scheduled service day will be established between EVERGREEN and Customer, and Customer agrees to provide access to the Premises for the service. If the Premises are not available for service at the scheduled time, EVERGREEN will service the outside of the residence located at the Premises and leave a door notification of the service. Customer agrees to pay the applicable charge for the outside service. EVERGREEN will service the inside of the residence located at the Premises at no additional charge if requested by Customer. Although EVERGREEN agrees to return and re-treat affected areas of the Premises, EVERGREEN cannot guarantee against infestation or re-infestation of pests from neighboring areas. EVERGREEN does not guarantee or warrant the complete elimination of pests with respect to its service.
6. DISCLAIMER. EVERGREEN’s obligation to provide service under this Agreement shall be terminated if EVERGREEN is prevented from the ability to provide the service. EVERGREEN shall further not be obligated to provide service if Customer breaches this Agreement, if Customer fails to pay EVERGREEN for any service that has been provided to Customer, and/or if Customer otherwise fails to remedy any pest conducive conditions.
7. INSECTS/ORGANISMS. This Agreement provides for service treatment and/or service re-treatment for the pests that are exclusively and solely indicated in the “included insects” section of the Customer Welcome Form, or (if selected and paid for by Customer) the pests that are indicated in the “Premium & Specialty Pests” section of the Customer Welcome Form. This Agreement and EVERGREEN’s service SHALL NOT provide for the treatment or elimination of mosquitoes, bed bugs, all subterranean termites, any type or species of termite (without limitation, Reticulitermes flavipes, Heterotermes, Rhinotermitidea, Coptotermes, and Formosan (Coptotermes)), dry wood termites (including without limitation, Kalotermes and Incisitermes), carpenter ants, fire ants, brown recluse spiders, black widow spiders, any type of beetle, fungi, and/or any other wood-destroying or structure damaging organism or pest whatsoever.
8. ENTIRE AGREEMENT. The Customer Welcome Form and these terms and conditions together constitute the entire “Agreement” between Customer and EVERGREEN, and no other representations or statements, whether oral or written, shall be binding upon the parties (Customer and EVERGREEN). Absent written instrument signed by both parties hereto, the Agreement cannot be amended or modified.
9. TERM: After the initial term of service (see Customer Welcome Form), this Agreement is automatically renewable on a regular basis, conforming to the original interval specified in the Customer Welcome Form. This Agreement can be canceled any time after its initial term by either party. Customer understands and agrees that more time and treatments are required during the first months to bring pest problems under control and these higher initial costs are spread out over the full initial term of this Agreement. Therefore, Customer agrees to pay 60% of the remaining balance of the initial term if the Customer cancels the Agreement prior to the expiration of the initial term. EVERGREEN reserves the right, after the initial term of the Agreement to increase the charges for the service.
10. NON-PAYMENT/DEFAULT/SURVIVAL OF OBLIGATIONS IN FAVOR OF EVERGREEN. The obligation of EVERGREEN to provide service is conditioned upon payment in full of the initial charge and all regular service charges, and failure to pay such charges by Customer shall cancel this Agreement in its entirety and discharge EVERGREEN of any liability whatsoever relative to the provisioning of services, and any amount paid by Customer to EVERGREEN shall become the property of EVERGREEN without claim or recourse by Customer. Any payment obligations owed by Customer to EVERGREEN for services that have been provided to Customer shall survive the termination or cancelation of this Agreement. The limitation of damages, waivers in favor of EVERGREEN, and the arbitration obligation and class action waiver shall also survive the termination or cancelation of this Agreement.
11. WAIVERS. Customer expressly waives and forever releases EVERGREEN and its agents, members, and managers from liability for any claim for personal injury (including stings, bites, or illnesses) or property damage (to structure or contents of the Premises) caused by wood destroying organisms or pests, fire ants, pharaoh ants, spiders, ticks, fleas, brown recluse spiders, black widow spiders, wasps, bees, or other pests listed in this Agreement. The Customer waives any claim for damage or injury to person, property or the Premises unless made in writing within one (1) year from the last service treatment. EVERGREEN MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND EVERGREEN AND CUSTOMER SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE.
12. CHEMICAL INFORMATION/WARNING LABEL. Virtually all pesticides have an odor, which may be present for a period of time after the service treatment. If you, your pets, or any member of the household have a sensitivity to chemical odors or chemicals, EVERGREEN recommends that you do not have an initial or a subsequent service performed at the Premises until you have consulted with a physician or appropriate professional. At Customer’s request, EVERGREEN shall provide pesticide labels relative to the product(s) used for the service. Upon request, EVERGREEN will provide the Customer with a copy of the manufacturer’s specimen label for the pesticide(s), which will be used to service the premises. Customer shall notify EVERGREEN in writing, prior to the application of the service, whether Customer or other occupants of the Premises have known or suspected sensitivities to Pesticides. EVERGREEN and/or Customer shall have the right to terminate this Agreement based on disclosed or later detected sensitivities to the service. Customer shall assume all risks and consequences of individual sensitivities, animal sensitivities, reactions, or complications, including physical complications or reactions, to the service.
13. SEVERABILITY. Any obligation or provision of this Agreement that is prohibited or that is held to be void or unenforceable shall be ineffective and deemed to be not a part of this Agreement to the extent of such prohibition or unenforceability without invalidating the remaining provisions or obligations hereof. To the extent permitted by applicable law, the parties waive any provision of law that prohibits or renders void or unenforceable any provision or obligation of this Agreement.
14. ARBITRATION/CLASS ACTION WAIVER. To the fullest extent and if permitted by applicable law, Customer and EVERGREEN hereby agree that any dispute whatsoever arising out of or related to this Agreement, including the interpretation or enforceability of the Agreement or any term, provision, or obligation hereof, shall be resolved exclusively by and through binding arbitration pursuant to the applicable rules and procedures of the American Arbitration Association. TO THE FULLEST EXTENT AND IF PERMITTED BY APPLICABLE LAW AND BASED ON THE ARBITRATION OBLIGATION, CUSTOMER AND EVERGREEN HEREBY EACH WAIVE THE RIGHT TO A JURY TRIAL REGARDING ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT. EVERGREEN AND CUSTOMER EACH AGREE THAT ANY CLAIM RELATED TO OR ARISING UNDER THIS AGREEMENT SHALL BE ADJUDICATED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT OR ABILITY TO PARTICIPATE IN OR ASSERT A CLASS, COLLECTIVE, OR OTHER JOINT ACTION.
15. ACCESS TO RESIDENTIAL STRUCTURE/PROPERTY (“Premises”) AND COOPERATION. Customer agrees to grant EVERGREEN and its agents access to the Premises for purposes of completing the service. EVERGREEN shall have the right to terminate this Agreement based on the lack of cooperation by the Customer or lack of access to the Premises.
16. ASSIGNMENT. This Agreement is not assignable by Customer, absent written consent of EVERGREEN and agreement to and acknowledgment of all terms of this Agreement by the prospective assignee of Customer. This Agreement shall terminate upon the sale or transfer of the Premises. Without notice or consent, EVERGREEN may, at its discretion, assign its rights and obligations under this Agreement to any entity that assumes EVERGREEN’s obligations hereunder. Upon assignment by EVERGREEN, Customer shall have no continuing claim or rights relative to EVERGREEN or EVERGREEN’s agents.
17. LIMITATION OF DAMAGES. TO THE FULLEST EXTENT AND IF PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF EVERGREEN (OR ITS AGENTS, MEMBERS OR MANAGERS) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY EVERGREEN, REGARDLESS OF WHETHER THE ACTION OR CLAIM IS BASED ON CONTRACT, TORT, WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF THE SERVICE CHARGES PAID BY CUSTOMER TO EVERGREEN. TO THE FULLEST EXTENT AND IF PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERGREEN BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE.
18. ABSOLUTE RIGHT TO CANCEL. CUSTOMER MAY CANCEL THIS AGREEMENT AT ANY TIME AND FOR ANY REASON OR NO REASON PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE EFFECTIVE DATE OF THIS AGREEMENT.
19. DEBT COLLECTION. Customer acknowledges and agrees that EVERGREEN may appoint any person as its agent (“debt collection agent”) to collect any amount due by Customer to EVERGREEN under the Agreement and Customer shall be responsible for all costs and expenses which may be incurred for that purpose. Further, EVERGREEN shall have, and the Customer admits and agrees that the EVERGREEN does have the right to disclose to debt collection agent any of the Customer’s personal data for that purpose on any occasion.
20. TCPA CONSENT & PRIVACY. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from EVERGREEN, our agents, representatives, affiliates, or anyone calling on behalf of EVERGREEN, Customer expressly consents to be contacted by EVERGREEN, our agents, representatives, affiliates, or anyone calling on behalf of EVERGREEN for any and all purposes arising out of or relating to Customer’s pest control service Agreement, at any telephone number, or physical or electronic address Customer provides or at which Customer may be reached. Customer agrees that EVERGREEN (and its agents, debt collection agents, and representatives) may contact Customer in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by Customer or someone else. In the event that an agent or representative calls, he or she may also leave a message on customer’s answering machine, voice mail, or send one via text. Customer consents to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from EVERGREEN, our agents, representatives, affiliates or anyone calling on EVERGREEN’s behalf at the specific number(s) Customer has provided to EVERGREEN, or numbers that EVERGREEN can reasonably associate with Customer’s Agreement (through skip trace, caller ID capture or other means), with information or questions about Customer’s pest control service Agreement and/or account. Customer certifies, warrants and represents that the telephone number(s) that Customer has provided to EVERGREEN are, in fact, Customer’s contact number(s). Customer represents that he/she is permitted to receive calls at each of the telephone number(s) that Customer has provided to EVERGREEN. Customer agrees to promptly alert EVERGREEN whenever Customer stops using a particular telephone number(s). Customer’s cellular or mobile telephone provider will charge Customer according to the type of plan that Customer carries. Customer agrees that EVERGREEN may contact Customer by email, using any email address that Customer has provided to EVERGREEN or that Customer provides to EVERGREEN in the future. EVERGREEN (and its agents) may listen to and/or record phone calls between Customer and EVERGREEN’s representatives without notice to Customer as permitted by applicable law.
You can cancel the SMS service at any time. Simply text “STOP” to the phone number you are receiving messages from EVERGREEN. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to 804-570-2006. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive messages based on your activity with our sales or customer support team. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our privacy policy: https://startevergreenpest.com/privacy-policy/
21. IDEMNIFICATION To the fullest extent permitted by applicable law, Customer agrees to defend, indemnify and hold harmless EVERGREEN, and EVERGREEN’S directors, officers, managers, members, employees and agents, from and against any and all claims, lawsuits, losses, penalties, damages, expenses, attorneys’ fees, costs and liabilities of every form and nature that result from any and all claims, demands, causes of action, obligations or proceedings (judicial or otherwise) of every kind or character, including injury to person or property, that arise out of or relate to the services provided under this Agreement, unless such claim, loss, or demand is caused by the gross negligence or willful misconduct of EVERGREEN.