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Terms & Conditions

HAROLD’S PEST CONTROL LLC TERMS AND CONDITIONS

Fees – Purchasers shall pay the fees for Initials Service Visit and subsequent Recurring Service Visits for the Initial Term and any Renewal Term In accordance with the payment terms set forth in Agreement based upon the payment Option selected by purchaser.
Pest Control Service Plan – Harold’s Pest Control LLC shall control for and mitigate against infestations of standard Pests, located in and around the structure on the Purchaser’s premises, through deliver of regular pest control service. For an additional charge Harold’s Pest Control LLC shall control for and mitigate against infestations, of Premium Pest designated by purchaser on Page 1 of this agreement, located in and around the structure on the purchaser’s premises, through deliver of regular pest control service. All services shall be performed in accordance with procedures recognized in the pest control industry and scientific community as effective against target pests. THIS AGREEMENT DOES NOT COVER AND HAROLD’S PEST CONTROL LLC SHALL HAVE NO OBLIGATION WHATSOEVER, WHETHER EXPRESS OR IMPLIED, TO REPAIR ANY DEMAGE TO THE SRTUCTURES ON THE PREMISES OR THE CONTENTS THEREIN CAUSED BY ANY PESTS OR TO COMPENSATE PURCHASER FOR ANY SUCH DEMAGE.
INITIAL SERVICE VISITS. SUBSEQUENT SERVICE VISITS. On the Initial Service Visits, Harold’s Pest Control LLC will apply pesticides both to the interior of the structures and the exterior perimeter of the structure on the premises ( the” Initial Treatment “) . Subsequence to the Initial Treatment, Harold’s Pest Control LLC will apply pesticide only to the exterior perimeter of the structure on the premises in accordance with the Service Frequency selected by purchaser, during the Initial Term and any Renewal Term. Additionally, for control of certain Premium Pests, Harold’s Pest Control LLC may utilize other pest control strategies, including the use of traps and glue boards.
EXCLUDED PEST. Harold’s Pest Control LLC Shall have no obligation to control for or mitigate against the following pests: Termites (subterranean, dry wood damp wood) , wood -boring beetles, bed bugs ( Cimex lectularius) , mosquitoes or any other pests not specified as a Standard Pest or Premium Pest, unless otherwise agreed in writing by Harold’s Pest Control LLC.
INTERIM SERVICE VISIT : Subject to the limitation in Section 4 – Purchaser Cooperation, Harold’s Pest Control LLC shall upon the request of Purchaser and at no additional cost to the purchaser, make a service visit to reapply pesticides to the structure on the premises as is reasonably necessary to control for and mitigate against acute infestation of standard Pests and/or Premium Pests which occur between the regularly scheduled service visits.
ACCESS TO PROPERTY - Purchaser must allow Harold’s Pest Control LLC access to the structure for any purpose contemplated by this Agreement, including but not limited to reinspection, whether the inspections were requested by the purchaser or considered necessary By Harold’s Pests Control LLC . The failure to allow Harold’s Pests Control LLC such access will terminate this Agreement without further notice.
PURCHASER COOPERATION - Purchaser’s cooperation is important to ensure the most effective results from Services. Whenever conditions conducive to the breeding and harborage of pests covered by this contract are reported in writing by Harold’s Pest Control LLC to the Purchaser and are not corrected by Purchaser. Harold’s Pest Control LLC cannot ensure effective Services If Purchaser fails to correct the conditions noted by Harold’s Pest Control LLC within a reasonable time period, all guarantees as to the effectiveness of the Service in this Agreement shall automatically terminate. Further, additional treatments in areas of such conditions that are not corrected as required shall be paid by purchaser as an extra charge.
30 – DAY MONEY BACK GURANTEE IF WITHIN THE THIRTY (30) DAY PERIOD IMMEDIATLEY FOLLOWING ANY INSPECTION OR SERVICE TREATMENT PROVIDED BY HAROLD’S PEST CONTROL LLC UNDER THIS AGREEMENT PURCHASER IS NOT SATISFIED WITH THE SERVICES RENDERED, AS PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND UPON PURCHASER’S WRITTEN REQUEST , HAROLD’S PEST CONTROL LLC SHALL REFUND TO PURCHASER ANY FEES PAID BY PURCHASER FOR SUCH INSPECTION OR SERVICE TREATMENT AND THIS AGGREMENT SHALL BE TERMINATED WITHOUT ANY FUTHER LIABILITY ON THE PART OF HAROLD’S PEST CONTROL LLC.
LIMITATION OF LIABILITY; LIMITED WARRANTY EXCEPT AS OTHERWISE PROHIBITED BY LAW, HAROLD’S PEST CONTROL LLC DISCLAIMS AND SHALL NOT BE RESPONSIBE FOR ANY LIABLITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, NITIVE AND/OR LOSS OF ENJOYMENT DAMAGES THE OBLIGATION OF HAROLD’S
PESTS CONTROL LLC SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN IN LIEU OF ANY OTHER OBILIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING AY REPRESENTATION OF MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS AGREEMENT DOES NOT PROVIDE FOR THE REPAIR OF ANY DEMGE CAUSED BY PESTS. THIS AGREEMENT DOES NOT GURANTEE , AND HAROLD’S PEST CONTROL LLC DOES NOT REPRESENT, THAT PESTS WILL NOT RETURN SUBSEQUENT TO SERVICE TREATMENTS
WATER LEAKAGE - Water leakage in treated areas, in interior areas or through the roof or exterior walls of the structure on the premises may destroy the effectiveness of treatment by Harold’s Pest Control LLC and conducive to new infestation. Purchaser is responsible for making timely repairs as necessary to stop the leakage. Purchaser’s failure to make timely repairs will terminate this Agreement automatically without further notice. Harold’s Pest Control LLC shall have no responsibility for repairs with respect to water leakage.
OWNERSHIP TRANSFER Upon transfer of ownership of the structures, Service may be continued upon request of the new owner and upon payment of the Ownership Transfer Fee set forth on page 1 of this Agreement. In addition Harold’s Pest Control LLC reserves the right to revise the service charges upon transfer of ownership .In the event the new owner fails to request continuation f this Agreement or does not agree to pay the transfer fee of the revised service charges. This agreement will terminate automatically as of the date of the change of ownership.
Force MAJEURE Harold’s Pest Control LLC shall not be liable to purchaser for any failure to perform or delay in performance under this Agreement attributable in whole or in part to any cause beyond its reasonable control and without its fault or negligence, including but not limited to acts of God, fires, floods, earthquakes, strikes, unavailability of necessary utilities, black outs government actions , war , civil disturbance, insurrection or sabotage.
ADDITIONAL DISCLAIMER This Agreement does not cover and Harold’s Pest Control will not be responsible for damage resulting from our services required (a) termites and/or any other wood – destroying organisms except as specifically provided herein; (b) moisture conditions , including but not limited to fungus damage and /or water leakage caused by faulty plumbing, roofs, gutters, downspouts and/ or poor drainage (c) masonry failure or grade alterations ; (d) inherent structural problem including but not limited to wood – to-ground contracts (e) termites entering any rigid foam, wooden or cellulose – containing components in contract with the earth and the structures, regardless of whether the component is a part of the structures; and (f) the failure of or inspection or is conducive to pest infestation
CHANGE IN LAW Harold’s Pest Control LLC performs its service in accordance with the requirements of law. In the event of a change in existing law as it pertains to the service herein. Harold’s Pest Control LLC reserves the right to revise the service charges or terminate this agreement
NON – PAYMENT DEFAULT In case of non-payment or default by the purchaser , Harold’s Pest Control LLC has the right to terminate this Agreement in addition, cost of collection, including reasonable attorney’s fees, shall be paid by the Purchaser, whether suit is filed or not. In addition, interest at highest legal rate will be assessed for the period of delinquency.
CHANGE ON TERMS At the time of any renewal of this Agreement Harold’s Pest Control LLC may change this Agreement by adding , deleting or modifying any provision . Harold’s Pest Control LLC will notify the Purchaser in advance of any such change. Purchaser may decline to accept such a change by declining to renew this Agreement , Renewal of this Agreement will constitute acceptance of any such changes.
SEVERABILITY – If any part of this Agreement is held to be invalid or unenforced for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.
MANDATORY ABBITRATION Any claim dispute or controversy regarding ant contract, tort , statute or otherwise (“Claim”) , arising out of or relating to this agreement or the relationship among the parties hereto, shall be resolved by one arbitrator through binding arbitration Consumer , as applicable, Rules in effect at the time the claim is filed (“AAA Rules”) Copies of the AAA Rules and forms can be located at www.adr.org or by calling 1-800-778-7879. The

arbitrator’s decision shall be final, binding and non-appealable. Judgement upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration ACT. Neither Party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District or, if any such court lacks jurisdiction in any state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability , unconscionability arbitrability, enforceability or formation of this Agreement, including any claim that all or any part of the Agreement is void or voidable. however the proceeding sentence shall not apply to the clause entitled “Class Action Waiver Venue for attribution hereunder shall lie in Memphis, TN.

CLASS ACTION WAIVER Any Claim must be brought in the parties individual capacity and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff or similar proceeding (“Class Action”) .The Parties expressly waive any ability to maintain any Class Action in any forum . The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by court of competent jurisdiction and not by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATVIE ACTION, HOWEVER, THE PARTIES UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIVIDUALLY, THROUGH ARBITRATION.
GOVERNING LAW Except for the Mandatory Arbitration Clause in Section 15 of this agreement, which is governed by, and construed in accordance with the Federal Arbitration Act this agreement shall be governed by, and construed in accordance with , the laws of the state in which the dispute arises without regard to the conflict of laws provisions.
ENTIRE AGREEMENT This agreement together with all exhibits thereto constitutes the entire agreement between the parties and supersedes all proposal, oral or written, and all other communications between the parties relating to such subject matter, and no other representations or statements will be binding upon parties. This Agreement may not be modified or amended in any way without the written consent of both parties.