BY SIGNING YOUR CONTRACT AND/OR ACCEPTING ANY SERVICES OR PRODUCTS FROM US, YOU AGREE TO THESE TERMS.
100% SATISFACTION GUARANTEE: With the goal of controlling pests, It’s often not if the pests come back but when. Customer agrees and acknowledges that subsequent treatments may be needed to bring certain pest infestations under control. If the Customer experiences pest control issues between pest control treatments, Domain will re-treat the problem area at no additional charge provided customer is in compliance with the provisions of this agreement. Depending upon the time of year, the neighboring areas and type of structure, Domain may need to re-treat a problem area several times to control the pest problem area. Domain shall use reasonable efforts to meet any performance dates and any such dates shall be estimates only.
LIMITATIONS AND CUSTOMER COOPERATION: Although Domain agrees to return and retreat affected areas, Domain cannot guarantee against re-infestations of pests from neighboring areas, nor guarantee complete elimination of pests. Customer shall: (a) cooperate with Domain in all matters relating to the Services and provide access to Customer’s premises for the purposes of performing the Services, including, but not limited to, securing animals and unlocking gates for the performance of the Services; (b) respond promptly to any Domain request to provide direction, information or access that are reasonably necessary for Domain to perform Services in accordance with the requirements of this Agreement; and (c) consult your family physician if someone in your household is sensitive to odors or chemicals since virtually all pesticides have some odor that may be present for a short time after treatment application.
ACCESSIBILITY: The regular quarterly or bimonthly is for exterior treatment only. Please make sure animals are secured, and the gates are unlocked for service. If the premises are not available for treatment on service day, Domain will service the outside of the residence where accessible and leave a record of service on customers door. Customer agrees to pay the normal service charge for this outside service. If desired the customer may request that Domain 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: The Services include exterminating visible exterior wasp nests (up to 20 feet from ground) but do not include removing bees’ nests, wasps or bees’ nests inside walls or soffit areas.
TERMINATION: The Termination Fee shall be in addition to any amounts due to Domain under this Agreement. Either Customer or Domain may terminate this Agreement after the Initial Term, without cause, by providing at least 30 days’ prior written notice to the other party. In addition to any remedies that may be provided under this Agreement, Domain may terminate this Agreement with immediate effect upon written notice to Customer, if Customer: (i) fails to pay any amount when due under this Agreement; or (ii) has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part.
WAIVERS AND LIMITATION OF LIABILITY: Customers expressly waives and releases Domain from liability for any claim for personal injury (including stings, bites, or illnesses) 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. In no event shall Domain be liable to customer or to any third party for any loss of use, revenue or profit or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not Domain has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall Domain’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to Domain pursuant to this agreement during the twelve (12) month period preceding the event giving rise to the claim.
DISPUTE RESOLUTION AND BINDING ARBITRATION: Customer and Domain are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that customer would have if customer went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between customer and Domain arising from or relating in any way to customer’s purchase of services from Domain, will be resolved exclusively and finally by binding arbitration in Austin, Texas. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 10. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Customer agrees to an arbitration on an individual basis. In any dispute, neither customer or Domain will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
WARRANTY DISCLAIMER: To the maximum extent permitted by law, except for the express warranties and representations expressly made by Domain in writing these terms or your contract, Domain is providing all services and products on an “AS IS” basis, and is not making and disclaims all representations and warranties of any kind, whether express or implied, including any implied warranties of merchantability or fitness for any particular purpose.
MISCELLANEOUS: If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Governing Law, Arbitration and Survival. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party. The Agreement comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. Customer is not relying on any representations, warranties, agreements, or understandings, other than those specifically set forth in writing in these terms of the Customer’s contract. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Texas. No waiver by Domain of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Domain.
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