Complete Terms And Conditions For All Services
1. WHAT YOU HAVE PURCHASED. You have purchased the program identified on page 1 of this Agreement. That program provides treatment for the pests listed for it at the service address shown, for the warranty period stated on page 1, beginning on the date of your first service. The program name, the pests it covers, the warranty period and the total price are stated on page 1 and form part of this Agreement. This Agreement, together with page 1 and the Notice of Cancellation attached to it, constitutes the entire agreement between the parties and supersedes any prior discussion, quote or representation.
2. SERVICES AND AGREEMENT. EnviroPest will provide the pest control service(s) described on page 1, together with any additional treatments EnviroPest deems necessary to fulfil its obligations under this Agreement. The Agreement is completed after the first visit, and the full amount is due at the first treatment. Any service performed at the property is deemed a full service. This Agreement is binding upon the signature of the contracting customer. By signing, you represent that: (a) you are an authorized representative for the service address shown and have authority to bind the contracting party; and (b) you have read this Agreement in its entirety and understand the service(s) you have contracted for.
3. SERVICE FREQUENCY. EnviroPest does not state, imply or make any claim regarding the number of services that will be performed. Service frequencies are designed around the individual home or business and are subject to change if the property requires more attention. Any interval described in EnviroPest materials is a design range and not a promised schedule. Cockroach, bed bug and flea programs are not maintenance programs: treatment continues until the pest is eliminated, followed by warranty visits as needed. You agree to notify EnviroPest whenever service is required, and to notify EnviroPest of any change to the contact or site information on this Agreement. EnviroPest will not extend, supplement or credit the Agreement for non-usage of services.
4. SERVICE WARRANTY. EnviroPest warrants that during the warranty period stated on page 1 it will return, inspect the service address and, where covered pest activity is confirmed, re-treat at no additional charge. Treatment is not performed in the absence of confirmed pest activity. Federal law prohibits the use of any pesticide in a manner inconsistent with its labeling, and the product label governs where, how, how much and how often a product may be applied, including any minimum interval between applications. Inspection, monitoring, identification of conducive conditions and written recommendations are part of the warranty remedy: a warranty visit that results in no application because no activity is found is a fulfilled warranty visit. Declining to make an application that is unnecessary, outside the product label, or not permitted by New York law is not a failure to perform under this Agreement. The warranty period runs from the date of first service — not from the date of signing, the date of payment, or the date of the most recent visit. Re-treatment is EnviroPest’s entire obligation and your sole remedy in the event of covered pest activity. EnviroPest does not warrant that any property will remain permanently free of pests. This warranty applies to covered pests only; pests not listed for the purchased program, and pests handled under a separate program, are not covered.
5. WARRANTY CONDITIONS. The service warranty is available only while the account is paid in full, including any extras, costs, fees and interest. An amount you have disputed in good faith and raised with EnviroPest under clause 7 will not suspend the warranty while that dispute is being resolved. The warranty is void if full payment is not received within thirty (30) days of the service performed, subject to that same exception.
6. COVERAGE AND EXCLUSIONS. This Agreement does not provide for the control or elimination of termites, fungi, wood-destroying beetles including powder post beetles, or any pest not listed for the program named on page 1. Specialty pests — including bed bugs, German cockroaches, clothes moths, honey bees, nuisance wildlife and bats — are handled under separate programs and are not covered unless the program on page 1 says so. Mosquitoes, ticks, clover mites, springtails, outdoor fleas, bird mites and spider mites are lawn-origin pests covered only by Enviro Yard Guard. Pests not native to the region in which they are being treated, and pests requiring extensive structural treatment, are excluded.
7. RESOLUTION BEFORE DISPUTE. If you are dissatisfied with any service, you agree to notify EnviroPest at (850) 990-3585 or [email protected] and to provide evidence of current pest activity — a photograph, a captured specimen, or a description of what you have seen and where you have seen it. EnviroPest will schedule an inspection within fourteen (14) days of receiving that evidence. You agree to allow that inspection to be completed, and any warranted treatment to be performed, before initiating a chargeback, payment dispute or claim. Where a product label requires a minimum interval between applications, or where activity must be confirmed before a product may be applied, EnviroPest will tell you the applicable interval when you contact us. Nearly every concern is resolved with a return visit at no charge. You agree that EnviroPest’s service records, technician notes, appointment timestamps and photographs constitute evidence that a service was performed.
8. LIMITATION OF LIABILITY. You expressly release EnviroPest from liability for personal injury — including stings or bites from any pest — and for property damage, including to the structure or its contents, caused by any pest or by the treatment of pests. Under no circumstances shall EnviroPest’s liability exceed the amount you paid for one service. For a paid-in-full annual program, “one service” means the total program price divided by the number of visits actually performed during the warranty period. EnviroPest is not liable for consequential damages or loss of use of the property. Any claim for damages must be made in writing within one (1) year of the incident, or it is waived.
9. ACCESS TO PROPERTY. You must allow EnviroPest full and safe access to the property for any purpose necessary to complete its obligations. Failure to allow access terminates this Agreement without further notice, and you remain responsible for all payments due for services rendered before termination.
10. WORKMANSHIP. EnviroPest agrees that all materials used are of good quality, that all work will be performed in a good and workmanlike manner, and that it will remedy any defect in workmanship of which it receives notice within six (6) months of the service date, at no additional cost. This workmanship remedy is separate from and additional to the service warranty in clause 4.
11. DISCLAIMER AND FORCE MAJEURE. EnviroPest is not liable for any failure to perform caused by delays in transportation, shortages of fuel or materials, strikes, embargoes, fires, floods, quarantine restrictions, war, earthquakes, severe weather or any other cause beyond its reasonable control. Dates of beginning and completion are not of the essence. EnviroPest is not responsible for damage resulting from your failure to disclose existing damage or infestation, or from any third party’s failure to do so. EnviroPest is not liable for damage to lawns, shrubbery, trees, walks, driveways, patios or buildings. Except for the service warranty in clause 4 and the workmanship remedy in clause 10, EnviroPest makes no warranty of any kind, express or implied, including any warranty of habitability, merchantability or fitness for a particular purpose.
12. CHANGES IN LAW. EnviroPest performs its services in accordance with federal, state and local law. If existing law changes as it pertains to these services, EnviroPest reserves the right to revise its pricing for future services or to terminate this Agreement.
13. NON-PAYMENT AND DEFAULT. In the event of non-payment or breach, EnviroPest may terminate this Agreement and demand the full amount due under it. Interest at the highest lawful rate will be assessed for the period of delinquency. If your breach prevents EnviroPest from performing the agreed services, you remain liable for the full amount due under this Agreement. You are responsible for EnviroPest’s costs and attorney fees if EnviroPest is required to use attorneys or a collection agency to recover funds under this Agreement, and for all costs and fees if EnviroPest receives an award in its favour.
14. REFUNDS AND CANCELLATION. You may cancel this Agreement without penalty or obligation before midnight of the third business day after the date of the transaction, as set out in the Notice of Cancellation attached to this Agreement. After that period, and once service has been performed at the property, EnviroPest does not offer refunds; all funds for services performed are due and EnviroPest reserves the right to collect them. Moving does not create a right to a refund, a credit, or a transfer of coverage to another address — see clause 16. Loss of access to the property is addressed in clause 9, and continued-activity claims by the service warranty in clause 4, rather than by refund.
15. THIRD-PARTY PAYMENT AND FINANCING PROVIDERS. EnviroPest does not offer, extend or administer financing. If you choose to pay using a third-party payment, instalment or financing provider — including but not limited to Klarna, Afterpay, Affirm or any similar service — that arrangement is a separate agreement between you and that provider, governed entirely by that provider’s own terms. EnviroPest is not a party to it. EnviroPest is paid in full at the time of the transaction and receives no part of any interest, fee or charge assessed by the provider, and EnviroPest has no ability to alter, pause, refund or cancel any instalment plan. Your obligations to EnviroPest under this Agreement, and EnviroPest’s obligations to you, are unaffected by any dispute, default, deferral or cancellation involving that provider. Any question about instalment amounts, payment dates, fees, interest or credit reporting must be directed to the provider. Any question about the pest control service must be directed to EnviroPest under clause 7. Selecting a third-party provider does not extend the cancellation period in clause 14 or alter the service warranty in clause 4.
16. NON-TRANSFERABLE. This Agreement applies only to the property address shown on page 1 and is not transferable to any other address, including a property you move to. No refund or credit is due if you move, and no unused portion carries over. Coverage does not continue if the customer named on this Agreement no longer resides at or owns the property. This includes tenants, landlords and any party not named on this Agreement. EnviroPest reserves the right to refuse any service request not made by a contact named on the account.
17. PRIVACY, PAYMENT SECURITY AND GOVERNING LAW. EnviroPest respects your privacy and does not sell or pass your personal information to any third party. Card payments are processed by our payment processor; EnviroPest does not receive, store or transmit your card number, expiration date or security code at any time. This Agreement is governed by the laws of the State of New York, and any action arising from it shall be brought in the courts of Monroe County, New York.
18. TEXT MESSAGES AND EMAIL. Service messages. By giving a telephone number and email address on this Agreement you agree that EnviroPest may contact you at them about your service: appointment reminders, technician arrival notices, service reports, billing notices and payment links. Message frequency varies with your service schedule. Message and data rates may apply. Reply STOP to any message to opt out, or HELP for assistance; you may also call the office. Opting out of messages does not affect your program or your warranty. Marketing messages. Seasonal pest alerts, promotions and offers are sent only if you tick the optional box on page 1. That consent is separate, is never a condition of purchase or of service, and may be withdrawn at any time by replying STOP. Mobile numbers and consent to receive text messages are not sold, rented, shared or released to any third party for that third party’s marketing purposes.
EnviroPest · 2604 Elmwood Ave, Ste 121, Rochester, NY 14618 · (850) 990-3585 · New York State DEC Business Registration #18517
