This service agreement shall be continued for a minimum period of TWELVE (12) MONTHS (the “Term”) according to the dates and pricing listed above. After the initial Term, service will continue until cancelled with a thirty-day written notice. Aptive’s first treatment may service the interior of the home for specific pest infestations. Aptive will service the exterior of the home for all future treatments. The first two treatments must be performed within approximately 30 days to break the egg cycle. The customer understands that continued pest activity may occur and additional re-services may be necessary. The interior and exterior of the home are always under warranty. If the customer would like inside or additional outside service, once notified Aptive will return between regularly scheduled visits at no additional charge.
The first service performed on a home under 3,500 square feet has a minimum cost of $229.00. Customer understands that more time and treatments are required during the first months to bring pest problems under control, therefore an initial treatment costing less than $229.00 is based on the Term. If for any reason (other than the exercise of the right to cancel described below) service is cancelled prior to fulfilling the agreement, by refusing to receive or pay for service, and the initial service has been performed, the customer agrees to pay $229.00 the difference between $229.00 and the discounted price of the initial treatment.
Aptive knows that for most homeowners it’s not if the pests will return, but when. Pest problems between regularly scheduled treatments may occur with some homes depending upon the time of year, the neighborhood one lives in, the type of structure, etc. If you have a pest control problem between regular treatments, Aptive will return to treat the problem area again at no extra charge. Please note that some pests may require several re-services to gain control. However, you can be assured that when the pests come back, we do too—absolutely free!
Aptive guarantees the pricing in this agreement during in the initial Term, and may reasonably increase price after for inflation, etc. A finance charge of 2% per month (24% per year) will be charged on past due accounts (30 days after service date) and a service fee of $25.00 on all returned checks. No service will be rendered on accounts past due 30 days or more. Accounts past due 90 days are subject to cancellation.You may pay off the full unpaid balance due under this agreement at any time, and in so doing you shall be entitled to a full rebate of the unearned finance and insurance charges.
Although Aptive agrees to return and retreat affected areas, Aptive cannot guarantee against re-infestation of pests from neighboring areas, nor guarantee complete elimination of pests. Customer understands that results of service are relative to and dependent upon the cooperation of the customer as to housekeeping, sanitation, maintenance, and accessibility of areas to be serviced. Customer agrees to cooperate with Aptive as necessary to facilitate treatment and control. This service does not include control or prevention of termites, or any other wood-destroying organism, bees, wildlife, or other pests not mentioned on this agreement. Virtually all pesticides have some odor that may be present for a short time after application. If you or any member of your household is sensitive to odors or chemicals, Aptive recommends you consult your family physician prior to treatment.
The regular quarterly service charge is for the exterior treatment only. Please make sure animals are secured, and that gates are unlocked for service. If the premises are not available for treatment on service day, Aptive will service the outside of the residence where accessible and leave a record of service on customer’s door. Customer agrees to pay the normal service charge for this outside service. If desired the customer may request that Aptive return to service untreated areas at no additional charge. Please note that receiving additional service between treatments will not alter the original quarterly service schedule.
Wasp coverage is for visible exterior nests only (up to 20 feet above ground). It does not include wasps/bees nests inside walls or soffit areas, and also does not include removal of bee hives.
Customer expressly waives and releases Aptive from liability for any claim for personal injury (including stings, bites, allergies, or illnesses), medical costs, or property damage (to the structure or contents) caused by wood destroying organisms, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees or other pests listed on this agreement. Customer waives any claim for damage or injury unless made in writing within one (1) year of treatment or incident. Customer agrees that in no event will Aptive be responsible for consequential damages or loss of use of property.
Any controversy or claim arising out of or relating to this agreement, or the services performed by Aptive under this agreement or any other agreement, regardless of whether the controversy or claim arose before or after the execution transfer or acceptance of this agreement, including but not limited to any tort and statutory claims, and any claims for personal or bodily injury or damage to real or personal property, shall be settled by binding arbitration. Unless the parties agree otherwise, the arbitration shall be administered under the rules of the American Arbitration Association (“AAA”) and shall be conducted by AAA. If administered under the AAA rules, a claim shall be determined under the AAA supplementary procedures for consumer-related disputes in cases where such procedures are applicable. Any other controversy or claim shall be determined under the AAA commercial arbitration rules. The customer and Aptive agree that the arbitrator shall follow the substantive law including the terms and conditions of this agreement. The arbitrator’s powers to conduct any arbitration proceeding under this agreement shall be limited as follows: Any arbitration proceeding under this agreement will not be consolidated or joined with any action or legal proceeding under any other agreement or involving any other premises, and will not proceed as a class action, private attorney general action or similar representative action. Either party has the right to require a panel of three (3) arbitrators, but in the absence of the parties’ agreement, the requesting party shall be responsible for the cost of the additional arbitrators. Either party may request at any time prior to the hearing that the award be accompanied by a reasoned opinion. The award rendered by the arbitrator(s) shall be final and binding on all parties, except that a party may within 30 days of the original award request an arbitral to an appeal tribunal, constituted in the same number and by the same process as the initial arbitrator(s). The appealing party shall be responsible for the filing fee and other arbitration fees and costs subject to award by the appeal tribunal under applicable law. The appeal tribunal shall review all questions of law and fact under a clearly erroneous standard. The award of the appeal tribunal shall be final and binding. Judgment may be entered on the award in any court having jurisdiction thereof. Customer and Aptive acknowledge and agree that this arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the federal arbitration act. Before having recourse to arbitration, customer and Aptive each agrees to try in good faith to settle any controversy or claim by at least four (4) hours of mediation administered under the AAA commercial mediation rules with Aptive agreeing to pay the costs of the mediation.
Customer acknowledges that Aptive may notify via Email, Text Message and/or Phone Call at the numbers and emails provided by the customer each time the home has been placed on the schedule for agreed upon regular maintenance services. If applicable, Standard Text/Data rates may apply.
At the customer’s request the following information can be provided by Aptive:
1. The brand name, product name or common chemical name of each pesticide that may be applied.
2. A copy of the pesticide label for each pesticide that may be applied.
3. The date on which the pesticide application will be made. The date may be orally communicated, rather than in writing, if the requester agrees to oral notification.
4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.